July 16, 2024, Item #3
DATE:
TO:
· FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
CITY COUNCIL
July 16, 2024
Honorable Mayor and Members of the City C~~ il
Eric Heidemann, Director of Public Works 't"" \ f
Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 [email protected]
Award of Agreement to Yunex LLC, DBA Yunex Traffic for Traffic Signal Maintenance and Emergency Repair Services; RFP No. 24-024
A request for proposal (RFP) for Traffic Signal Maintenance and Emergency Repair Services, RFP No. 24-024, was duly advertised on April 25 and May 2, 2024. Two (2) proposals were received and opened on May 16, 2024. Staff reviewed the proposals submitted and selected Yunex LLC, DBA Yunex Traffic (Yunex Traffic) as the company to provide traffic signal maintenance and emergency repair services to the City of Poway (City). Staff determined Yunex Traffic to be responsive and qualified to provide these services. The length of this Agreement shall be for two (2) years beginning on July 17, 2024, through June 30, 2026. The Agreement can be extended by a maximum of three (3) one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for Traffic Signal Maintenance and Emergency Repair Services, RFP No. 24-024, to Yunex LLC, DBA Yunex Traffic and authorize the City Manager to execute the necessary documents.
Discussion:
The City has a continuing need for traffic signal maintenance and emergency repair services throughout the City. The City is currently responsible for the maintenance of the City's traffic signal system, which includes 56 traffic signals, corresponding electrical devices (e.g., pull boxes, cameras, controllers), various flashing beacons, and pedestrian crosswalks. The Agreement consists of two elements: general maintenance and emergency repairs. General maintenance includes the visual inspections and necessary repairs of all existing traffic signal equipment (lamps, ballasts, photoelectric control), as well as the connections between the service points and signal equipment and electrical and communication (fiber) connections. Emergency repairs include, but are not limited to, the repair or replacement of damaged equipment and installation of new traffic signals. 1 of26
July 16, 2024, Item #3
The City issued a notice requesting proposals for traffic signal maintenance and emergency repair services on April 25 and May 2, 2024. Two (2) proposals were received and opened on May 16, 2024.
City staff requested interviews from both proposers, and interviews were conducted on May 28, 2024.
City staff requested best and final offers (BAFO) from the two (2) proposing contractors, and two (2) BAFO submittals were received on May 29, 2024. A summary of the results received is provided in Table 1 below:
Table 1: Best and Final Offer
Hourly Equipment Rates
Item Item Description Yunex Traffic Bear Electrical Solutions Inc. No. 1 Service Truck $20 $20
2 Bucket Truck $35 $35
3 Crane $60 $65
4 Towable Air $5 $15 Compressor
5 Towable Arrow $5 $15 Board
Routine Maintenance Annual Rates
Item Item Description Yunex Traffic Annual Total Bear Electrical Solutions Inc. Annual Total No. 6 Traffic Signal $53,088 $47,040 Maintenance
7 Flashing Beacon $6,216 $5,880 Signs Maintenance
8 Flashing Stop Signs $10,200 $13,020 Maintenance
Personnel Hourly Rates
Item Yunex Traffic Hourly Yunex Traffic Bear Electric Bear Electrical Item Description Solutions Inc. Hourly Solutions Inc. No. Rate Overtime Rate Rate Overtime Rate 9 Operations $96 $116 $125 $165 Superintendent
10 Foreman $96 $116 $120 $160
11 Traffic Signal $125 $155 $115 $155 Technician
12 Streetlight $125 $155 $115 $155 Technician
13 Utility Technician $125 $155 $115 $155
14 Groundman $116 $165 $95 $140
15 Lab Technician $96 $116 $115 $155
16 Engineering / $96 $116 $95 $140 Systems Technician
After reviewing the proposals, City staff selected Yunex Traffic as the best qualified contractor to provide traffic signal maintenance and emergency repair services based on their experience, expertise and program costs. The length of the initial Agreement is two (2) years beginning July 17, 2024, through June 30, 2026. The Agreement can be extended subject to City Council appropriation of funds through a total of three (3) separate one-year terms.
2 of26
July 16, 2024, Item #3
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the Fiscal Year 2024-2025 operating budget Lighting District Division account (430050-43260).
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/Approved By:
Assistant City Manager
3 of 26
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
July 16, 2024, Item #3
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 17th day of July 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and Yunex LLC, OBA Yunex Traffic (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Traffic Signal Maintenance and Emergency Repair Services; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of26 ATTACHMENT A
July 16, 2024, Item #3
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
5 of26
July 16, 2024, Item #3
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of26
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
July 16, 2024, Item #3
DISCLOSURE DETERMINATION:
[8J 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession .
7 of26
July 16, 2024, Item #3
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
8 of26
July 16, 2024, Item #3
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk ofany and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
9 of26
July 16, 2024, Item #3
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
10 of 26
July 16, 2024, Item #3
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
11 of 26
July 16, 2024, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written .
CITY OF POWAY
By:------------
Chris Hazeltine, City Manager
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
Yunex LLC, DBA Yunex Traffic
By:-------------
Steven Teal, Director of Services
Date: ------------
By:--------------
Alan Fenstermacher, City Attorney
12 of 26
July 16, 2024, Item #3
A. Scope Of Work.
"SPECIAL PROVISIONS"
EXHIBIT "A"
The Scope of Work is intended to cover traffic signal maintenance and emergency repair services for all projects assigned to the Contractor. Any single project that is estimated to exceed $5,000.00, the City reserves the right to place out for bid or solicit quotes from other vendors. Contractor agrees to perform traffic signal maintenance and emergency repair services as required by the City. The Contractor shall provide the necessary qualified personnel to perform the services. In performance of the services, Contractor shall:
1. Routine Maintenance:
a. Provide continuing, comprehensive, routine maintenance to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the existing traffic signal control equipment.
b. Inspect, clean, and if necessary, adjust all traffic signal control equipment to meet manufacturer's original specifications at each signalized intersection once each calendar month.
c. Monthly inspection and cleaning of all cabinets shall include the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's communication system, testing and replacement of battery back-up systems, LED and pedestrian indication replacements, rewiring, concrete and foundation repairs, and lamping to maintain existing operation.
2. Monthly Inspections:
a. Inspect, clean adjust and make routine inspections of each traffic signal location once per month. Record in each controller cabinet showing the date and time checked. Repairs to the controller box shall not be completed without prior approval from the City.
b. Submit a standard checklist for inspections and tasks that have been completed at each intersection, including, but not limited to:
c. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back-up cabinets, interconnect cabinets, removing any foreign material, including graffiti. Tighten all electrical termination and check all communication connections. Inspect/protect all related facilities for/from insect/bug/rodent infiltration. Rust and water damage shall be reported to the City in the monthly report.
13 of 26
July 16, 2024, Item #3
d. Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet. Traffic signal timing changes will only be made by Contractor with the City's approval. The City will be notified of these changes as soon as the change has been made. All changes will be documented in the necessary Contract records.
e. Check and verify timing of yellow (clearance) interval on all phases per the timing sheet.
f. Check and set, if necessary, all real-time digital clocks to the National Bureau of Standard Time.
g. Check detector units and systems including, but not limited to, inductive loops, video detection, and pedestrian/bicycle push buttons for correct detection of various modes of transportation and adjust or repair as necessary to restore intended operation. This includes splicing (or re-splicing) of detector loops and the replacement of pedestrian/bicycle push buttons.
h. Inspect all load switches, Battery Backup Units (BBU'S), photo-cells, dials, controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling fans, etc., and make routine adjustments or minor repairs, if necessary. i. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached eighty percent (80%) depletion curve will be replaced.
All traffic heads and pedestrian heads found out of alignment will be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, and report visibility deficiencies to the City immediately.
Missing signs including pedestrian/bicycle push button plates will be replaced.
Cracked or damaged loop sealants will be re-sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired. j. Immediately correct all safety deficiencies found during routine inspection and submit work authorization request to the City to schedule non-emergency work. k. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses (controller) and adjust or repair, as needed.
Replacement of Ethernet switches will be coordinated with the City and subject to its approval. Verify the grounds and connections of the copper twisted pairs at those locations using this communication system. Test and make any repairs or adjustments. The City reserves the right to contract this work out to others, without compensation
14 of 26
July 16, 2024, Item #3
I. Check battery back-up systems for proper operations and connections including checking and recording operational voltage range of all batteries, and adjust or repair, as needed. The date of new battery installations will be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. Notify the City of non-operable or low-output batteries within twenty-four (24) hours. The replacement of batteries will be considered extra work and will require approval by the City. If batteries are found to be damaged (i.e., "exploded" or "cracked"), Contractor may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained.
m. Inspection of illuminated street name signs and safety lights will include at least one nighttime inspection each month with replacement lamps as required in addition to the timely replacement of burned-out or dim lamps as reported or observed. Contractor will notify the City of any sign panels or housing in need of refurbishment or replacement.
n. Inspection of flashing stop signs operation and make any repairs or replacement of lights, as required.
3. Quarterly Maintenance: In addition to monthly inspections, Quarterly Maintenane includes:
a. Lubricate with graphite lubricant, or equivalent, cabinet door locks and padlocks and confirm they are in good working order. Any missing or damaged locks will be replaced and/or repaired.
4. Semi-Annual Maintenance: In addition to Quarterly Maintenane, Semi-Annual Maintenance includes:
a. Replace the air filter elements in all cabinets.
b. Traffic signal battery back-up systems will be checked by electrical bypass for appropriate operation per the manufacturer's specifications. The City shall approve the schedule prior to the commencement of work. Review and prepare a report of annual replacement of batters by location and submit to the City.
5. Yearly Maintenance: In addition to Semi-Annual Maintenance, Yearly Maintenance includes:
a. Test conflict monitors and supply a report for each test conducted. The testing will take place on a schedule approved by the City. Any conflict monitor that does not pass the test will be repaired or replaced and billed as Extraordinary Maintenance.
15 of26
July 16, 2024, Item #3
b. The optical detector lens will be cleaned according to the manufacturer's specifications at all signalized intersections and fire station installations throughout the City. Contractor will supply a report for testing of Emergency Vehicle Pre-emption (EVP) system at each intersection. Testing will take place on a schedule approved by the City. Any EVP equipment will be repaired or replaced and billed as Extraordinary Maintenance.
c. Verify and update records of current controller software or firmware. All updates of controllers that require shutdown of a traffic signal will be coordinated with the City and may be required to be conducted at night. Software updates may be required more frequently than once a year.
d. Prepare and submit an annual work authorization request to the City listing cabinets (i.e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews. Special notification will be provided regarding rusting or water damage. Authorization for painting will be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti will be performed within twenty-four (24) hours of the observation or report, whichever is earlier. Contractor must use the City's current paint standard color and apply the appropriate paint type to provide uniform coverage and color on the equipment.
6. Repair and Replacement:
a. Replace or repair any and all defective parts of the traffic signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned-out lamps, detector loops, video detection cameras and/or units, push buttons, sensing units and wiring system, communication internal modems and/or interface units, unless the failure or malfunction falls in the category of Extraordinary Maintenance. b. Complete all work in a timely manner notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs.
7. Loop Detector Replacement:
a. Once it is determined by the City that the sawcut has deteriorated to a point that applying more sealant is insufficient, the loop detector will be replaced and billed as Extraordinary Maintenance.
8. Lamps and Lighting:
a. Furnish and replace all illuminated street name sign lamps and safety lighting lamps at all traffic signals and flashers based upon an eighty percent (80%) 16 of26
July 16, 2024, Item #3
depletion curve (or fall outside acceptable levels), but not to exceed twenty-four (24) months, in accordance with the time schedule contained in the specifications.
All traffic signal lamps must conform to the standards of the N.E.M.A., U.L., E.I.A., A.S.T.M., A.N.S.I., and any ordinance that may apply.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated May 16, 2024, which are included in this document as Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing July 17, 2024, and ending June 30, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first term of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2026. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
17 of 26
July 16, 2024, Item #3
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
18 of 26
July 16, 2024, Item #3
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
19 of 26
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Yunex Traffic
1820 John Towers Ave., Suite A
El Cajon CA, 92020
(Remainder of page intentionally left blank)
July 16, 2024, Item #3
20 of26
Item Description Unit
Monthly Traffic Signal EA Maintenance
Monthly Flashing
Beacon Signs EA
Maintenance
Monthly Flashing Stop EA Signs Maintenance
Item Description Unit
Operations Hourly Superintendent
Foreman Hourly
Traffic Signal Technician Hourly
Streetlight Technician Hourly
Utility Technician Hourly
Groundman Hourly
Lab Technician Hourly
Engineering / Systems Hourly Technician
ATTACHMENT 1
FEE SCHEDULE
Routine Maintenance Rates
Quantity Unit Price
56 $79
14 $37
34 $25
Personnel Hourly Rates
Regular Time
$96
$96
$125
$125
$125
$116
$96
$96
Total Price
$4,424
$518
$850
Overtime
$116
$116
$155
$155
$155
$165
$116
$116
(Remainder of page intentionally left blank)
Annual
Price
$53,088
$6,216
$10,200
Premium
$140
$140
$185
$185
$185
$165
$140
$140
July 16, 2024, Item #3
Equipment Hourly Rate
Item Unit Unit Price
Service Truck Hourly $20
Bucket Truck Hourly $35
Crane Truck Hourly $60
Towable Air Compressor Hourly $5
Towable Arrow Board Hourly $5
Special Services Rates
Item Unit Unit Price
Underground Services Alert
(USA) Locate I Mark out Hourly $150
Services
Underground Services Alert
(USA) Locate/ Mark out EA $665
Services
Underground Services Alert
(USA) Locate I Mark out EA $600
Services
Cabinet Testing EA $950
(Remainder of page intentionally left blank)
21 of 26
July 16, 2024, Item #3
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
22 of 26
(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period July 16, 2024, Item #3
prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
23 of 26
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .
California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 July 16, 2024, Item #3
days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 o[the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
24 of26
July 16, 2024, Item #3
GUARANTY
To the City of Poway, City Council, for:
Traffic Signal Maintenance and Emergency Repair Services The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the nu·mber of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upori demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
25 of26
July 16, 2024, Item #3
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
26 of 26