HomeMy WebLinkAboutItem No. 23 - WRCOG Agreements for Streetlight Operations & Maintenance23)WRCOG Agreements for Streetlight Operations & Maintenance
Approve and authorize the City Manager to execute the First Amendment to the
Implementation Agreement with the Western Riverside Council of Governments (WRCOG)
and Appendix 4 to the WRCOG Professional Services Agreement with Yunex, LLC.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick DeSantiago, Public Works Manager
Date:November 14, 2023
Subject:WRCOG Agreements for Streetlight Operations & Maintenance
Recommendation
Approve and authorize the City Manager to execute the First Amendment to the Implementation
Agreement with the Western Riverside Council of Governments (WRCOG) and Appendix 4 to the
WRCOG Professional Services Agreement with Yunex, LLC.
Background
WRCOG has a Professional Services Agreement with Yunex, LLC (known as Yunex Traffic),
formerly Siemens, to provide streetlight retrofit and O&M services to the member agencies in the
Regional Streetlight Program. On September 27, 2018, the City of Lake Elsinore entered into an
Implementation Agreement with WRCOG to implement the maintenance and repair program for
the City's streetlights and receive all services provided by the Regional Streetlight Program. On
November 1, 2018, the City entered Appendix 4 to the WRCOG Professional Services agreement
to receive streetlight O&M services provided by Yunex Traffic, formerly Siemens, within the City's
jurisdiction. The WRCOG Professional Services Agreement with Yunex Traffic will expire on
December 1, 2023.
On July 12, 2023, WRCOG released Request for Proposals Number 23-02, seeking a provider
for streetlight O&M services for the agencies participating in the Regional Streetlight Program. On
October 2, 2023, the WRCOG Executive Committee approved an award to Yunex Traffic. It
authorized a new Professional Services Agreement to provide streetlight O&M services to the
member agencies in the Regional Streetlight Program. This item is seeking approval from the City
Council to enter into a First Amendment to the Implementation Agreement with WRCOG to
integrate the new WRCOG Professional Services Agreement (PSA) and a new Appendix 4 to the
new WRCOG PSA with Yunex Traffic and WRCOG to receive streetlight O&M services.
WRCOG Agreements for Streetlight Operations & Maintenance
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Discussion
The Implementation Agreement between the City of Lake Elsinore and WRCOG for the
implementation of the maintenance and repair program for streetlights provides the City with
streetlight operations & maintenance (O&M) services, project management, and as-needed
technical assistance for smart streetlight technologies, such as traffic sensors, and as-needed
support for broadband initiatives or projects. The City compensates WRCOG through an
Administrative Fee based on a per-pole-per-month fee. As required by the Implementation
Agreement, WRCOG secured a contractor, Yunex Traffic, formerly Siemens, to provide streetlight
O&M services to member agencies in the Regional Streetlight Program.
Yunex Traffic's bid includes a similar scope of work as the current agreement, including Routine
and Extraordinary, Emergency, and After-Hours Maintenance, as well as updated compensation
rates. Services provided under the Routine maintenance schedule are compensated on a per-
light, per-month rate and include services such as fixture replacement via warranty claims,
replacement of long-life photocells, fuses, fuse holders, and hand hole covers, troubleshooting
for up to two hours during a service call for failed streetlights, and a quarterly night check of all
agency-owned streetlights.
Services provided under the Extraordinary, Emergency, and After-Hours Maintenance scope of
work are as needed. They are thus compensated on a time and material (T&M) basis based on
the Labor and Equipment rates in the bid. This scope of work includes LED retrofits and
installation of pole identification tags for cobra-head and decorative style streetlights, responding
to pole knockdowns and replacement of the pole, and miscellaneous services such as pull box lid
and overhead wiring replacement, underground service alert services, pole painting, and graffiti
abatement. WRCOG receives invoices for the Extraordinary, Emergency, and After-Hours
Maintenance services provided in the City and forwards those invoices to the City for direct
payment to Yunex Traffic.
To move forward, the City will need to execute the First Amendment to the Implementation
Agreement between WRCOG and the City of Lake Elsinore (Attachment 1) and a new Appendix
4 to the new WRCOG Professional Services Agreement that will be between WRCOG, Yunex,
LLC, and the City of Lake Elsinore (Exhibit A). The term of Appendix 4 to the WRCOG
Professional Services Agreement with Yunex Traffic for streetlight O&M services will be three
years, with one additional one-year period and two additional six-month periods, for a maximum
potential term of five years. The compensation for this agreement was calculated by allocating
budgets for streetlight maintenance from each member agency in the Regional Streetlight
Program, estimated maintenance costs based on streetlight inventories, and estimated
maintenance costs based on the average of the three prior years' costs for maintenance. The not-
to-exceed compensation amount for the WRCOG Professional Services Agreement is
$7,295,244. The City of Lake Elsinore's share of the compensation for the WRCOG Professional
Services Agreement is currently estimated at $1,679,739. It is subject to change based on the
number of streetlights added to or removed from the Program and any additional work requested
by the City.
WRCOG Agreements for Streetlight Operations & Maintenance
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Fiscal Impact
No Additional Fiscal Impact due to the Amendment
Attachments
Attachment 1 - First Amendment to the Implementation Agreement with WRCOG
Attachment 2 - Appendix 4 to the WRCOG Professional Services Agreement
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FIRST AMENDMENT TO THE IMPLEMENTATION AGREEMENT
BETWEEN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
AND THE CITY OF LAKE ELSINORE TO IMPLEMENT MAINTENANCE AND REPAIR
PROGRAM FOR STREETLIGHTS
This First Amendment to Maintenance Agreement (“First Amendment”) is entered into as of
__________________ between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
(“WRCOG”), a joint powers authority formed under Government Code sections 6500 et seq., and the
CITY OF LAKE ELSINORE (“Member Agency”), a public agency formed under the laws of the State
of California. WRCOG and the Member Agency are sometimes collectively referred to in this First
Amendment as the “Parties” or individually as a “Party.”
RECITALS
WHEREAS, on March 27, 2018, WRCOG entered into an “Amended and Restated Western
Riverside Council of Governments Professional Services Agreement” with Siemens Industry, Inc. (the
“Original Professional Services Agreement”), for the provision of retrofitting services and regular
maintenance and repair services (the “Services”), which was subsequently amended; and
WHEREAS, WRCOG and the Member Agency entered into the “Implementation Agreement
between the Western Riverside Council of Governments and City of Lake Elsinore to Implement the
Maintenance and Repair Program for Streetlights” on September 27, 2018, in order to authorize
WRCOG to enter into one or more agreements with third party providers for the provision of
maintenance, repair, retrofitting and replacement services of streetlights and acquisition of retrofit
equipment on behalf of the Member Agency within the Member Agency’s jurisdiction and to
administer such agreements; and
WHEREAS, the Original Professional Services Agreement expired and WRCOG has entered
into a “Western Riverside Council of Governments Professional Services Agreement” with Yunex
LLC dated October 2, 2023 (the “Professional Services Agreement”), to provide professional services
for the installation of LED street lights and the ongoing operations and maintenance of the street light
systems for member agencies; and
WHEREAS, the Parties desire enter into this First Amendment to amend the Implementation
Agreement, as permitted pursuant to the provisions of thereof, to replace the Original Professional
Services Agreement attached as Exhibit A to the Implementation Agreement with the Professional
Services Agreement, attached as Exhibit A hereto; and
WHEREAS, the City Council has authorized the Member Agency to enter into this First
Amendment.
NOW, THEREFORE, the Parties hereby understand and agree as follows:
AGREEMENT
Section 1: Amendment to the Implementation Agreement.
Exhibit A of the Implementation Agreement shall be replaced with the Professional
Services Agreement attached hereto as Exhibit A.
Section 2: Effect of this First Amendment on the Other Terms and Provisions of the
Implementation Agreement.
All terms and provisions of the Implementation Agreement, shall remain in full force and legal
effect except as expressly modified by the provisions of this First Amendment.
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IN WITNESS WHEREOF, the Parties hereby have made and executed this First Amendment as
of the date first written above.
WESTERN RIVERSIDE COUNCIL CITY OF LAKE ELSINORE
OF GOVERNMENTS
By: ________________________________ By: _________________________
Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________
General Counsel Its: _________________________
Best Best & Krieger LLP
APPROVED AS TO FORM:
By:________________________________
City Attorney
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EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
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WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this day 2nd of October, 2023, by and between
the Western Riverside Council of Governments, a California public agency (“WRCOG”), and
Yunex, LLC, a Delaware limited liability company (“Consultant”). WRCOG and Consultant are
sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Lease Agreement.
Banc of America Leasing & Capital, LLC (together with its successors and
assigns, "Lessor") entered into an Equipment Lease/Purchase Agreement with
each of the Member Agencies (as defined herein) in order to finance the
acquisition, installation and retrofitting of streetlights within the Member
Agency's jurisdiction (as amended, the "Lease Agreement"). The Parties
expressly hereby agree that the Lease Agreement is not being incorporated into
this Agreement and shall not be deemed a part of this Agreement.
City of Perris
City of San Jacinto
City of Wildomar
2.2 Member Agency.
“Member Agency” means any and all member agencies participating in WRCOG’s street
light program in accordance with an Implementation Agreement. The following local
agencies are Member Agencies for the purposes of this Agreement:
City of Eastvale
City of Hemet
City of Lake Elsinore
City of Menifee
City of Murrieta
City of Perris
City of San Jacinto
City of Wildomar
Jurupa Community
Services District
2.3 Incorporated Documents.
2.2.1 Request for Proposal. The Request for Proposal No. 23-02 (“RFP”)
issued by WRCOG on July 12, 2023 and the Consultant’s response to the RFP
dated August 2, 2023 are incorporated herein by this reference.
2.2.2 Appendices and Exhibits. Each Member Agency shall execute its own
Appendix, which shall cover the following for that Member Agency: Scope of
Services (Exhibit A) and Compensation (Exhibit B). The following Appendices,
including their Exhibits, are attached hereto and incorporated herein by this
reference:
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Appendix 1 – City of Eastvale
Appendix 2 – City of Hemet
Appendix 3 – Jurupa Community Services District
Appendix 4 – City of Lake Elsinore
Appendix 5 – City of Menifee
Appendix 6 – City of Murrieta
Appendix 7 – City of Perris
Appendix 8 – City of San Jacinto
Appendix 9 – City of Wildomar
2.4 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by WRCOG and its Member Agencies on the terms and conditions
set forth in this Agreement. Consultant represents that it is experienced in providing LED
streetlight installation and ongoing operations and maintenance of street light systems is
licensed in the State of California, and is familiar with the plans of WRCOG and its Member
Agencies.
2.5 Project.
WRCOG desires to engage Consultant to render such professional services for the
installation of LED street lights and the ongoing operations and maintenance of the
street light systems for Member Agencies (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.2 Term. The term of this Agreement shall be from December 1, 2023 to
December 31, 2026, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement and shall meet any other established schedules and
deadlines. WRCOG shall have the option to extend the term of this Agreement for one (1)
additional one (1) year period, and two (2) additional six (6) month periods (“Option Term”) by
notifying Consultant in writing prior to the end of the term of this Agreement, or any then-current
Option Term, of its election to exercise its option. The Option Term may be exercised by WRCOG
on behalf of all or any number of Member Agencies, subject to prior written approval from the
relevant Member Agency with respect to the extension of its respective Appendix. Compensation
for work during any Option Term shall be at the rates set forth in Exhibit “B”, but otherwise all other
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
WRCOG and the applicable Member Agencies all labor, materials, tools, equipment, services,
and incidental and customary work necessary to fully and adequately supply the LED street light
installation and ongoing operations and maintenance of street light systems necessary for
the Project (“Services”). The Services are more particularly described in the RFP and in Exhibit
“A” to each Appendix attached hereto and incorporated herein by reference, and which are stated
in the proposal to WRCOG and approved by WRCOG’s Executive Committee. All Services shall
be subject to, and performed in accordance with, this Agreement, the Appendices and exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations.
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terms and obligations of this Agreement shall continue during any Option Term.
3.1.3 Assignability of Agreement. WRCOG reserves the right to assign this
Agreement to other entities, subject to prior written approval from the relevant Member Agency
with respect to an assignment of its respective Appendix. Assignment(s) will be subject to the
same terms and conditions included in this Agreement. Other entities shall negotiate the pricing
for the Services and supplies with the Consultant and include necessary provisions for
management of their specific projects. WRCOG shall have no responsibility for the Consultant’s
performance under any assignments.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. WRCOG retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of WRCOG or any Member
Agency and shall at all times be under Consultant’s exclusive direction and control. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to, social security taxes, income tax withholding, unemployment insurance, disability
insurance,and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall install replacement poles within 20
business days of a reported knockdown of a pole or upon approval from WRCOG or a Member
Agency. At WRCOG and the Member Agency’s discretion, if such pole is not replaced within the
initial 20 days, a one hundred dollar ($100) bill credit will be applied to the Consultant’s invoice.
An additional $100 bill credit will be applied for every 15 business days thereafter that the
Consultant fails to replace such pole. Consultant shall perform the Services for WRCOG and the
applicable Member Agency expeditiously, within the term of this Agreement. Consultant
understands and agrees that in the event that the schedule for delivery of Services to any Member
Agency is delayed, for any reason whatsoever including through the fault of WRCOG or the
Member Agency, the delay shall not be used as a reason for delay on the part of the Contractor
in meeting the schedule for delivery of Services to any other Member Agency. Consultant
represents that it has the professional and technical personnel required to perform the Services
in conformance with such conditions. In order to facilitate Consultant’s conformance with the
schedule, WRCOG and the applicable Member Agency shall respond to Consultant’s submittals
in a timely manner. Upon request of WRCOG or any Member Agency, Consultant shall provide a
more detailed schedule of anticipated performance.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of WRCOG and the applicable Member Agency.
3.2.4 Substitution of Key Personnel. Consultant has represented to WRCOG
that certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel
of at least equal competence upon written approval of WRCOG. In the event that WRCOG and
Consultant cannot agree as to the substitution of key personnel, WRCOG shall be entitled to
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terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to WRCOG, or who are determined by the WRCOG
to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or
a threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the WRCOG. The key personnel for performance of this Agreement
are as follows: Michael J. Hutchens, Steven Teal, Robert Paquette, and Candace Gallaher.
3.2.5 WRCOG’s Representative. WRCOG hereby designates Daniel Soltero or
his or her designee, to act as its representative for the performance of this Agreement (“WRCOG’s
Representative”). WRCOG’s Representative shall have the power to act on behalf of WRCOG
for all purposes under this Contract. Consultant shall not accept direction or orders from any
person other than WRCOG’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Steven Teal or
his or her designee, to act as its Representative for the performance of this Agreement
(“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent
and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s
Representative shall supervise and direct the Services, using his best skill and attention, and shall
be responsible for all means, methods, techniques, sequences, and procedures, and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with WRCOG
staff in the performance of Services and shall be available to WRCOG’s staff, consultants, and
other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and sub- contractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Consultant represents that it, its employees and sub-contractors have all licenses, permits,
qualifications, and approvals of whatever nature that are legally required to perform the Services,
and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense, and without reimbursement from WRCOG or any Member Agency, any
services necessary to correct errors or omissions which are caused by the Consultant’s failure to
comply with the standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by WRCOG or the applicable Member Agency to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to WRCOG, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules, and/or regulations, and without giving written notice to WRCOG,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
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indemnify, and hold WRCOG, its Member Agencies, and WRCOG’s and the Member Agencies’
Directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any failure
or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the
Services under this Agreement until it has provided evidence satisfactory to WRCOG that it has
secured all insurance required under this section, in a form and with insurance companies
acceptable to WRCOG. In addition, Consultant shall not allow any sub-contractor to commence
work on any subcontract until it has provided evidence satisfactory to WRCOG that the sub-
contractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or sub-contractors.
Consultant shall also require all of its sub-contractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2)
Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1
(any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’
Compensation insurance as required by the State of California and Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement
/ location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor
Code of the State of California. Employer’s Liability limits of $5,000,000 per accident for bodily
injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Services, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $2,000,000 per claim. This
insurance shall be endorsed to include contractual liability applicable to this Agreement and shall
be written on a policy form coverage specifically designed to protect against acts, errors, or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by WRCOG to add the following provisions to the insurance policies:
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(A) General Liability.
(i) Commercial General Liability Insurance must
include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury / Advertising
Injury; (3) Premises / Operations Liability; (4) Products / Completed Operations Liability; (5)
Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX)
exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form
Property Damage; and (9) Independent Consultants Coverage.
(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(iii) The policy shall give WRCOG, its Directors, officials,
officers, employees, volunteers and agents insured status using ISO endorsement forms 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from WRCOG’s insurance
or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing
the exact same coverage.
(B) Automobile Liability.
(i) The automobile liability policy shall be endorsed to
state that: (1) WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’
Directors, officials, officers, employees, agents and volunteers shall be covered as additional
insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any
auto owned, leased, hired, or borrowed by the Consultant or for which the Consultant is
responsible; and (2) the insurance coverage shall be primary insurance as respects WRCOG, its
Member Agencies, and WRCOG’s and its Member Agencies’ Directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance
maintained by WRCOG, its Member Agencies, and WRCOG and its Member Agencies’ Directors,
officials, officers, employees, agents, and volunteers shall be in excess of the Consultant’s
insurance and shall not be called upon to contribute with it in any way.
(C) Workers’ Compensation and Employers Liability Coverage.
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to be
insured against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before commencing
work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’
Directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of
the insurance policy which arise from work performed by the Consultant.
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(D) All Coverages. Defense costs shall be payable in addition
to the limits set forth hereunder. Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. It shall be a requirement under this Agreement
that any available insurance proceeds broader than or in excess of the specified minimum
insurance coverage requirements and/or limits set forth herein shall be available to WRCOG, its
Member Agencies, and WRCOG and its Member Agencies’ Directors, officials, officers,
employees, volunteers and agents as additional insureds under said policies. Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits specified in
this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance
policy or proceeds available to the named insured; whichever is greater.
(i) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of WRCOG and each Member
Agency (if agreed to in a written contract or agreement) before WRCOG’s or any Member
Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.
The umbrella / excess policy shall be provided on a “following form” basis with coverage at least
as broad as provided on the underlying policy(ies).
(ii) Consultant shall provide WRCOG at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the
General Liability Additional Insured Endorsement to WRCOG at least ten (10) days prior to the
effective date of cancellation or expiration.
(iii) The retroactive date (if any) of each policy is to be
no later than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under this
Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the
retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled
or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive
date subsequent to the effective date of this Agreement.
(iv) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Consultant, and any approval of said insurance
by WRCOG, is not intended to and shall not in any manner limit or qualify the liabilities and
obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not
limited to, the provisions concerning indemnification.
(v) If at any time during the life of the Agreement, any
policy of insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, WRCOG and its Member Agencies have the right but not the duty to
obtain the insurance they deem necessary, and any premium paid by WRCOG and its Member
Agencies will be promptly reimbursed by Consultant or WRCOG (and the applicable Member
Agency) will withhold amounts sufficient to pay premium from Consultant payments. In the
alternative, WRCOG may cancel this Agreement. WRCOG may require the Consultant to provide
complete copies of all insurance policies in effect for the duration of the Project.
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(vi) Neither WRCOG, its Member Agencies, nor any of
its Member Agencies’ directors, officials, officers, employees, volunteers or agents shall be
personally responsible for any liability arising under or by virtue of this Agreement.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors,
officials, officers, employees, agents, and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by WRCOG. Consultant
shall guarantee that, at the option of WRCOG, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects WRCOG, its Member Agencies, and
WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents, and
volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims, and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating of no less than A:VII, licensed to do business in
California, and satisfactory to WRCOG and each member Agency.
3.2.10.8 Verification of Coverage. Consultant shall furnish WRCOG
and each Member Agency with original certificates of insurance and endorsements effecting
coverage required by this Agreement on forms satisfactory to WRCOG. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that insurer to
bind coverage on its behalf and shall be on forms provided by WRCOG if requested. All certificates
and endorsements must be received and approved by WRCOG before work commences.
WRCOG reserves the right to require complete, certified copies of all required insurance policies,
at any time.
3.2.10.9 Sub-consultant Insurance Requirements. Consultant shall
not allow any sub-contractors or sub-consultants to commence work on any sub-contract until
they have provided evidence satisfactory to WRCOG that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided by such
sub-contractors or sub-consultants shall be endorsed to name WRCOG, its Member Agencies,
and WRCOG’s and its Member Agencies’ directors, officers, officials, employees, agents and
volunteers as an additional insured using ISO Form CG 20 38 04 13 or an endorsement providing
the exact same coverage. If requested by Consultant, WRCOG may approve different scopes or
minimum limits of insurance for particular sub-contractors or sub-consultants.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Consultant shall at all times
be in compliance with all applicable local, state, and federal laws, rules, and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment
and procedures; (B) instructions in accident prevention for all employees and sub-contractors,
such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment, and other safety devices, equipment and wearing
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apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
3.2.12 Surety Bonds. Consultant shall provide each Member Agency with a
payment and performance bond ("Surety Bond") executed by a surety company authorized to do
business in the State, having a financial strength rating by A.M. Best Company of "A-" or better,
and otherwise satisfactory to the Member Agency and naming the Member Agency as a co-
obligee in a sum equal to the entire amount to become payable under the Appendix to this
Agreement applicable to the Member Agency. Each bond shall be conditioned on the completion
of the Services for that Member Agency and upon payment of all claims of subconsultants and
suppliers. Consultant shall cause the surety company to add WRCOG and Banc of America
Leasing & Capital LLC as a co-obligee on each Surety Bond, and shall deliver a certified copy of
each Surety Bond to WRCOG and Banc of America Leasing & Capital LLC promptly upon receipt
thereof by Consultant. Any proceeds from a Surety Bond shall be applied in accordance with such
Surety Bond to the payment and performance of the Consultant's obligations in accordance with
this Agreement and all Appendices and, if for whatever reason such proceeds are not so applied,
then first to amounts due Lessor (as defined in the Lease Agreement) pursuant to Section 4.05
and 7.04 of the Lease Agreement, and any remaining amounts shall be payable to Lessee (as
defined in the Lease Agreement).
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit ”B” attached hereto and incorporated herein by reference. Compensation does not
include costs for extraordinary street light maintenance services, described in Exhibit “A.” The
total compensation for Services, with the exception of extraordinary street light maintenance
services described in Exhibit “A,” shall not exceed seven million two hundred ninety-five
thousand two hundred forty-four dollars ($7,295,244) without written approval of WRCOG’s
Executive Director and the applicable Member Agency. Extra Work may be authorized, as
described below, and, if authorized, said Extra Work will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to WRCOG a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The monthly statement shall be submitted to WRCOG within 20 days from the end
of the billing period, and individual billing for claims or special projects shall be submitted within
30 business days from the date of completion. The statement shall contain the invoice number
and date; remittance address; Agreement Number 2024-80-2026-001, and invoice total. The
statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through
the date of the statement. At a minimum, Consultant shall provide a statement with sufficient
detail to enable WRCOG or the Member Agency to make payment to Consultant from the
appropriate account in accordance with the Paying Agent Agreement (as defined in the Lease
Agreement) and/or Escrow Agreement (as defined in the Lease Agreement), as applicable (i.e.,
retrofit specific costs to be identified separately from other Services under this Agreement).
WRCOG shall, within 45 days of receiving such statement, review the statement and pay all
approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by WRCOG.
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3.3.4 Extra Work. At any time during the term of this Agreement, WRCOG may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which
is determined by WRCOG to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from WRCOG’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on certain “public works” and
“maintenance” projects. Since the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. WRCOG shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification, or type of worker needed to execute the
Services available to interested parties upon request, and post copies at the Consultant’s principal
place of business and at the project site. Consultant shall defend, indemnify, and hold WRCOG,
its Member Agencies, and WRCOG’s and its Member Agencies’ elected officials, officers,
employees, volunteers, and agents free and harmless from any claims, liabilities, costs, penalties
or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 CPI Increase. In recognition of the general increase in the cost of doing
business, the parties agree to an increase in the compensation rates as of July 1st of each
calendar year, in an amount equal to the increase in the U.S. Department of Labor Consumer
Price Index "CPI" for the previous calendar year (January 1 through December 31) for all urban
consumers in the Riverside County, California area; provided that the CPI adjustment shall be
rounded up to the nearest full dollar, and further provided that the CPI adjustment shall not exceed
five percent (5%) for any year. Notwithstanding any provision herein to the contrary, Consultant
may request, on or before March 31st of each year, an increase in the rates over and above the
CPI adjustment upon a showing of good cause for such increase; provided that the approval or
disapproval of any such request shall be made by the WRCOG in its sole and absolute discretion.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of WRCOG or any
applicable Member Agency during normal business hours to examine, audit, and make transcripts
or copies of such records and any other documents created pursuant to this Agreement.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related
to the Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. WRCOG may, subject to prior written
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approval from the relevant Member Agency and by written notice to Consultant, terminate the
whole or any part of this Agreement at any time and without cause by giving written notice to
Consultant of such termination, and specifying the effective date thereof, at least seven (7) days
before the effective date of such termination. In addition, each Member Agency may, by written
notice to WRCOG and Consultant, terminate its Appendix to this Agreement at any time and
without cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Consultant shall be compensated only for those services which have been
adequately rendered to WRCOG or the applicable Member Agency, and Consultant shall be
entitled to no further compensation. Consultant may not terminate this Agreement except for
cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, WRCOG may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such documents and
other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, WRCOG and its Member Agencies may procure, upon such
terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective Parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Yunex LLC
9225 Bee Cave Rd, Building B, Suite 201
Austin, TX 78733
Attn: Steven Teal
WRCOG: Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
Attn: Daniel Soltero
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Inspection of Installation Data and Maintenance Records
3.5.3.1 Documents & Data; Licensing of Intellectual Property. During the
course of this Agreement, and upon reasonable advance notice and during normal business
hours, WRCOG and its Member Agencies may inspect and examine the installation data and
maintenance records specifically created or collected by Consultant under this Agreement. Upon
termination or expiration of this Agreement, Consultant will provide to WRCOG and its Member
Agencies the installation data and maintenance records specifically created or collected by
Consultant under this Agreement. The installation data and maintenance records shall include all
final installation data, customer service reports and inquiry activity, and maintenance records, but
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shall not be deemed to include any proprietary, confidential, or protected information, programs,
platforms, and/or materials of Consultant.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other documents and data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of WRCOG and the relevant Member
Agency, be used by Consultant for any purposes other than the performance of the Services. Nor
shall such materials be disclosed to any person or entity not connected with the performance of
the Services or the Project. Nothing furnished to Consultant which is otherwise known to
Consultant or is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use WRCOG’s or any member Agency’s name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television, or radio production or other similar medium without
the prior written consent of WRCOG or the applicable Member Agency.
3.5.3.3 Infringement Indemnification. Consultant shall defend, indemnify,
and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors,
officials, officers, employees, volunteers, and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright,
trade secret, trade name, trademark, or any other proprietary right of any person or entity in
consequence of the use on the Project by WRCOG or any Member Agency of the Documents &
Data, including any method, process, product, or concept specified or depicted.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees. If either Party commences an action against the other
Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify, and hold WRCOG, its
Member Agencies, and WRCOG’s and its Member Agencies’ Directors, officials, officers,
consultants, employees, volunteers, and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions, or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors, arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys’ fees and other related costs and expenses. Consultant
shall defend, at Consultant’s own cost, expense, and risk, any and all such aforesaid suits,
actions, or other legal proceedings of every kind that may be brought or instituted against
WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials,
officers, consultants, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award, or decree that may be rendered against WRCOG or its Directors, officials,
officers, consultants, employees, agents, or volunteers, in any such suit, action or other legal
proceeding. Consultant shall reimburse WRCOG, its Member Agencies, and WRCOG and its
Member Agencies’ directors, officers , consultants, employees, agents, or volunteers, for any and
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all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by WRCOG, its Member
Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants,
employees, agents, or volunteers. This section shall survive any expiration or termination of this
Agreement. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness,
or willful misconduct of the Consultant.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
Parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 WRCOG’s Right to Employ Other Consultants. WRCOG reserves the right
for itself and its Member Agencies to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of WRCOG, subject to prior written approval from each applicable Member
Agency to the extent such assignment, hypothecation or transfer could impact such Member
Agency’s Appendix. Any attempt to do so shall be null and void, and any assignees, hypothecates
or transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days, or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and sub-contractors
of Consultant, except as otherwise specified in this Agreement. All references to WRCOG include
its Directors, officers, employees, agents and all volunteers except as otherwise specified in this
Agreement. All references to Member Agencies include their elected officials, officers, employees,
agents, and volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties, subject to
prior written approval from each applicable Member Agency to the extent such supplement,
modification, or amendment impacts such member Agency’s Appendix.
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended beneficiaries of any
right or obligation assumed by the Parties with the exception of the Member Agencies, which are
expressly considered to be third party beneficiaries and are entitled to enforce any and all rights
held by the Member Agency itself or by WRCOG under this Agreement.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, WRCOG shall have the right to rescind this Agreement without liability. For the
term of this Agreement, no member, Director, officer, official, agent volunteer, or employee of
WRCOG, during the term of his or her service with WRCOG, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer, and it shall not discriminate against any sub-contractor, employee, or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex,
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination. Consultant shall also comply with all relevant provisions of any of WRCOG’s Minority
Business Enterprise Program, Affirmative Action Plan, or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which requires every
employer to be insured against liability for Workers’ Compensation, or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
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3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of WRCOG, subject to prior written approval from the applicable Member Agency to the
extent such work relates to such member Agency’s Appendix. Subcontracts, if any, shall contain
a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement
as of the date first written above.
WESTERN RIVERSIDE COUNCIL Yunex, LLC
OF GOVERNMENTS
By: ________________________________ By: _________________________
Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________
General Counsel Its: _________________________
Best Best & Krieger LLP
*A corporation requires the signatures of two corporate officers.
One signature shall be that of the Chairman of Board, the President or any Vice President, and
the second signature (on the attest line) shall be that of the Secretary, any Assistant Secretary,
the Chief Financial Officer or any Assistant Treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be
provided to WRCOG.
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APPENDIX __
MEMBER AGENCY NAME
This Appendix _ to Agreement (“Appendix”) by and between WRCOG,
Consultant, and [***MEMBER AGENCY ***] ("Member Agency") is made and entered into this
_____day of ______________ 2023. WRCOG, Consultant, and Member Agency are referred
to herein as Parties.
1. Defined Terms. All terms used herein have the meanings ascribed to them in the
Professional Services Agreement between WRCOG and Consultant dated ____ __, 2023, with
the exception of the term Member Agency, which for the purposes of this Appendix will refer to
[***MEMBER AGENCY NAME***] only.
2. Agreement Incorporated. The terms and provisions of the Agreement are hereby
incorporated into this Appendix.
3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services
and Compensation for the Project as it relates to Member Agency are defined specifically in
Exhibits A and B, attached hereto and incorporated herein by this reference.
WESTERN RIVERSIDE COUNCIL Yunex, LLC
OF GOVERNMENTS
By: ________________________________ By: _________________________
Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________
General Counsel Its: _________________________
Best Best & Krieger LLP
[MEMBER AGENCY]
By: _____________________________
[Insert Name, Insert Title]
APPROVED AS TO FORM
By: _____________________________
City Attorney
ATTEST:
By: _____________________________
City Clerk
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EXHIBIT “A”
SCOPE OF SERVICES
Understanding of the Project
It is our understanding that WRCOG is seeking a qualified firm to
provide Streetlight Operation & Maintenance Services. The selected
service company will be responsible for providing a continuing,
comprehensive, response program for the Member Agency
streetlights. The Member Agencies expectation is that the contractor
will help reduce complaints, promote safety, and proactively extend the
longevity of the Member Agencies streetlight equipment, thus
reducing the overall operating cost.
We understand that the general Scope of Work to be done consists of
scheduled and unscheduled repairs to the Member Agencies
streetlight systems. Yunex Traffic will have available and readily
accessible, qualified personnel, tools, equipment, facilities, and
material required to perform all work necessary for the maintenance
of WRCOG’s streetlight systems, as outlined in the Scope of Work
and in compliance with current Member Agency and State standards.
Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are
authorized to take their work vehicles home daily. All work vehicles are stocked with proper field
equipment so he/she may sufficiently address most problems they encounter while responding.
Emergency response call outs and unscheduled repairs are initiated by calling our toll-free
emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day,
7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning
board and once the work order is released, it will immediately transfer to our
technician’s queue on their mobile device. As part of our quality control practice, our dispatcher
will follow up with a phone call to our technician to confirm that they are in receipt of the call
out/work order. For emergency calls, the technician will arrive at the site within one (1) hour to
assess and correct the reported problem. Once the problem is corrected, the technician will
inform our WRCOG representative of the repair actions.
Scope of Work
It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We
understand that throughout the term of a contract, those needs may change. We approach all
our contracts with the same vision; build a partnership with WRCOG staff and work towards
achieving common goals set forth through that partnership. We realize that this is an ever-
evolving process and that is why we believe that the only successful route is through establishing
common goals. This methodology and a commitment to service will be applied to every aspect
of our services for WRCOG.
Yunex Traffic will be available to provide emergency/non-emergency streetlight related issues
such as downed streetlight poles, luminaires/photocontrols not functioning, wiring issues, and
other operational equipment related issues.
Yunex Traffic will perform the following tasks and activities as it relates to the maintenance of
the streetlight system (36,231poles & 36,554 luminaires):
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Customer Service – Provide and administer a customer service center including, at a
minimum, a toll-free phone number and website to allow WRCOG and the public to report
any streetlight issues (e.g., outages, knockdowns, etc.). Separately, provide a
maintenance website for WRCOG staff to access. This will provide WRCOG an up-to-date
summary of current and completed tasks. Yunex will use and provide an Online
Maintenance System with free access to designated WRCOG staff members. The entire
online system will be a real-time system. System functionality will include but not be limited
to the following items:
• Work order tracking
• Work order status updates
• Asset and equipment management
• Maintenance requests
• Maintenance checklists that are maintained and updated regularly
GIS Update - Update WRCOG’s GIS mapping system when new poles are replaced or
added to the streetlight system.
Reports - Monthly and quarterly streetlight system reviews and reports, including
outage/failure rate, knockdowns, and suggested repairs.
Meetings – Coordinate and attend regular meetings to review outstanding issues and
work orders, including discussion of any billing or contract management issues.
Coordination with Outside Entities – Coordinate
electrical service repairs/restoration with SCE as well as
coordinate with WRCOG Staff, residents, and
businesses, as-needed, for difficult to access lights.
Traffic Control – Employees are trained and certified in
temporary traffic control measures, which are compliant
with the California Manual of Uniform Traffic Control
Devices (CA MUTCD).
Warranty Claims – Administer services for all warranty
claims on behalf of the Member Agency for any
luminaires, photocells, or similar streetlight equipment
(smart nodes, detection devices, etc.)
Streetlight Pole Knockdowns – Respond to all calls of
poles that have been knocked down, implement traffic
control, confirm electrical lines are made safe, cut downed
pole/luminaire arm, remove from location, and clean up all
debris.
Streetlight Pole Replacement - Replacement poles will be replaced within 14 business
days of reporting.
Quarterly Streetlight System Reviews (Night Inspection) – Nighttime lighting surveys
will be conducted of all Member Agency owned streetlights to identify any streetlights that
are non-functioning. Upon completion of such nighttime survey, Yunex will provide a report
to the Member Agency of all system activity, condition, issues found, and planned or
completed repairs. The report will include the nearest street address and pole number.
Nighttime Lighting Surveys will be completed quarterly.
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Annual Painting of Metal Poles – Provide metal pole painting
based upon Member Agency approval.
LED Replacement – Replacement of LED streetlights that
have been inoperative by virtue of failure. Replacement will
occur within three (3) business days from notification of Yunex
by Member Agency. If the cause of failure is covered under
manufacture warranty, Yunex will be responsible for warranty
management of defective LED fixtures which includes all
aspects related to standard warranty practices. Yunex will
notify the Member Agency of any undue delays in response
due to the manufacturer.
LED Retrofit & Pole Tagging – Provide LED retrofit and/or
pole identification tag installation services for cobra head
and/or decorative streetlights.
Removal and Disposal – Provide removal and disposal
services of all damaged/discarded materials. Disposal
services will follow the California Recycle and Disposal Laws.
Furnish and Install House-Side Shields – Provide and install house-side shields when
requested to do so by any Member Agency.
Provide a Storage Facility – Yunex’s local storage facility is conveniently located in the
City of Riverside, which is within minutes of each Member Agency. We have been utilizing
this location to service this contract since being awarded this contract.
Compliance with all Laws – Yunex is familiar with all federal, state, and local laws and
regulations regarding the Scope of Work, and follows wage and labor laws, OSHA
requirements, and appropriate safety measures.
Troubleshooting – Diagnose and repair any Member Agency owned inoperable
streetlights. Repairs will be completed within three (3) working days or less.
Spare Inventory – Yunex will warehouse sufficient spare inventories such as poles,
luminaires, ballasts, photocells, nodes, fuse holders, fuses, wire, pull box lids, hand hole
covers, electrical services, pole identification tags, and other electrical components.
Extraordinary, Emergency, and After-hours
Maintenance - For streetlight maintenance issues
that fall outside of the standard maintenance scope
above, Yunex will provide services billed on a time
& materials basis. Example of Extraordinary,
Emergency, and After-hours Maintenance includes
the following: traffic accidents, tree fall or power
surges that may occur, resulting in the streetlights
being damaged and needing to be replaced, though
the frequency may vary considerably. All
Extraordinary, Emergency, and After-hours
Maintenance work must be preapproved by the
Member Agency prior to the work being completed.
The following items have specifically been identified as, but are not limited to, Emergency
and after-hours maintenance:
o Emergency response - 24 hours and day 7 days a week
-24 of 30-
o Streetlight pole knockdown response
o Damaged/leaning poles
o Luminaire repairs or replacement
o Photocell replacement
o Fuse and/or fuse holder replacement
o False calls
o Wiring replacement
o Pole graffiti abatement
o Pole painting
o House side shield purchase and installation
Additional offerings available to WRCOG:
USA Dig Alert Services
Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at
the request of Member Agency staff for the marking and protection of streetlight
underground facilities such as electrical conduits, safety light conduits, and other
appurtenant equipment which might conflict with other right-of-way construction or repairs.
Our own in-house technicians are equipped and certified with the proper locating devices
provided by Metrotech.
-25 of 30-
On-Line Portal (Service Business Platform @ITS)
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which
is a proprietary management system designed to effectively manage all service order progress,
remotely update our ERP system (SAP) and as work is performed.
SBP allows us to monitor many key performance items such as time arrived onsite, time of
completion, materials used, and vehicle/equipment used.
SBP keeps historical records for every location which allows the technicians an additional resource
when troubleshooting.
When creating a new service request, the SBP will query the location history and will flag the order
if it is a repeated call out or duplicate order.
Technicians transmit response and routine maintenance items in real-time using IOS or Android
devices.
The contractual Scope of Work and all maintenance activities are also available for technicians to
review to ensure all tasks are completed within the specified timeframe.
Customer specific checklists for routine preventative maintenance will be available to the
technicians so all required tasks are completed, per your Scope of Work.
-26 of 30-
Customer Portal
The SBP Customer Portal gives our customers access to:
Monitor real-time status of routine maintenance and service calls
Location history (sort/filter by date, location, call type, etc.)
Overall historical maintenance and repair data
Real-time equipment inventories, maps, and event reporting
Asset management (including digital photographs, GIS data, etc.)
-27 of 30-
Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with
each invoice that lists labor and equipment hours billed for each service order.
-28 of 30-
EXHIBIT “B”
COMPENSATION
BILLING RATES
Item Description Unit of
Measure
Unit Cost
Monthly Maintenance
1 LED Fixture
Maintenance Cobra
head
This includes the cost for all regular maintenance and associated tasks to maintain
the cobrahead fixtures in the streetlight system as identified in section 13.1 of the
RFP. This fee is expected to be all inclusive, with the sole exceptions being those
items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise
authorization) process for LED streetlight fixtures that have failed and
still covered under the original manufacturer's warranty. This includes
the cost to remove, complete the RMA process, and reinstall the fixture
(regardless of it being fixed/replaced). Fixtures that are damaged by acts
of nature (i.e., lightning strikes, etc.) will be replaced, although the cost
of the fixture will be charged under Material Markup (Cost + 15%).
b) Long-Life Photocells: Removal & Replacement of a failed photocells.
c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due
to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or
residents. Our technician will spend up to 2 hours of time
troubleshooting the streetlight to find what the issue might be (fixture,
photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which
exceeds 2 hours, will be billed under Time and Material (Labor Rates,
Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 35,832
streetlights belonging to WRCOG agencies. Prepare a report of outages
that will be followed up by our technicians.
Per Light
/ Per
Month
$0.70
2 LED Fixture
Maintenance Decorative
This includes the cost for all regular maintenance and associated tasks to maintain
the decorative fixtures in the streetlight system as identified in section 13.1 of the
RFP. This fee is expected to be all inclusive, with the sole exceptions being those
items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise
authorization) process for Decorative LED fixtures that have failed and
still covered under the original manufacturer's warranty. This includes
the cost to remove, complete the RMA process, and reinstall the fixture
(regardless of it being fixed/replaced). Fixtures that are damaged by acts
of nature (i.e., lightning strikes, etc.) will be replaced, although the cost
of the fixture will be charged under Material Markup (Cost + 15%).
b) Long-Life Photocells: Removal & Replacement of a failed photocells.
c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due
to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or
residents. Our technician will spend up to 2 hours of time
troubleshooting the streetlight to find what the issue might be (fixture,
photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which
exceeds 2 hours, will be billed under Time and Material (Labor Rates,
Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 399
decorative fixtures belonging to WRCOG agencies. Prepare a report of
outages that will be followed up by our technicians.
Per Light
/ Per
Month
$2.15
Extraordinary Maintenance (Reference pricing Only - this scope will be quoted on time and material basis)
3 LED Replacement
Cobra head
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control,
etc.) for replacing existing cobrahead fixtures with a new LED fixture, disposal and
updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost
plus the markup listed below.
Each $80.00
4 LED Replacement
Decorative
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control,
etc.) for replacing existing decorative fixtures with a new LED fixture, disposal and
updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost
plus the markup listed below.
Each $160.00
5 Street light pole ID tag This includes the labor for installation of a unique pole ID tag for each pole. Pole
tags will be affixed to poles with an adhesive, no riveting or drilling will be
performed. This price is based on installing one (1) pole tag. If multiple pole tags are
grouped together, in the same member agency, a lower price could be provided.
Each $92.00
6 House side shield
installation
This includes the costs associated with the installation of a house side shield on an
existing LED fixture, excluding the cost of the actual shield. Material will be charged
at cost plus the markup listed below.
Each $67.00
-29 of 30-
7 Knockdown pole
replacement No
foundation
This includes the costs associated with the replacement of an entire street light pole,
luminaire arm, fixture and wiring typically associated with a street light knockdown
that does not require replacement of the foundation. This is based on the following
assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head
fixture. The City understands that there will be considerable variation in costs for
these repairs under the contract and anticipates work being authorized individually
through a quote process. These repairs will not be completed as part of an initial
emergency response. Costs are based on a single replacement with work
completed during normal work hours scheduled within the requested repair interval.
Each $5,190.00
8 Knockdown pole
replacement with
foundation
This includes the costs associated with the replacement of an entire street light pole,
luminaire arm, fixture and wiring typically associated with a street light knockdown
that does require replacement of the foundation. This is based on the following
assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head
fixture. The City understands that there will be considerable variation in costs for
these repairs under the contract and anticipates work being authorized individually
through a quote process. These repairs will not be completed as part of an initial
emergency response. Costs are based on a single replacement with work
completed during normal work hours scheduled within the requested repair interval.
Each $7,920.00
9 Pull box lid replacement This includes the cost of labor, materials and equipment to purchase, supply and
replace a pull box lid with a fiberlyte lid due to damage or missing lid.
Each $220.00
10 Pole graffiti abatement This includes the estimated cost per pole to remove or cover reported graffiti. Costs
include labor, equipment and materials needed to complete each individual
abatement assuming time required to abate graffiti is less than 30 minutes. Work
limited to under 4SF and/or lower than 7ft.
Each $87.00
11 Overhead wiring
replacement
Total cost to repair or replace damaged overhead wiring. Cost provided per foot of
wire being replaced. Costs include labor, equipment and materials to complete the
repair during normal working hours. The City understands that there will be
considerable variation in costs for these repairs under the contract and anticipates
work being authorized individually through a quote process.
Per Foot $17.00
12 Pole painting This includes the costs on a per occurrence (per pole) basis for all labor, equipment
and materials needed to prep and paint a standard metal street light pole (assume
30 foot). It is assumed that 10 poles would be scheduled for painting as a group,
annually
Each $700.00
13 USA Dig Alert Yunex LLC typically prices this service out on a per occurrence basis. This includes
the following: Our technician identifies the point of demarcation on site using field
equipment. This is typically limited to approximately 100-150 linear ft per call out.
Each $245.00
Labor Rates
Item
#
Item Description Unit Quantity Regular Time Overtime Premium Time
14 Superintendent HR 1 $98.00 N/A N/A
15 Foreman HR 1 $137.00 $172.00 $207.00
16 Electrician HR 1 $130.00 $162.00 $193.00
17 Laborer HR 1 $110.00 $159.00 $159.00
Regular, Overtime, and Premium time explanation:
Regular Hours are Monday through Friday (excluding holidays) from 7:30am to 4:00pm.
Overtime Hours are Monday through Friday after these work hours for the first four
straight hours on any job as well as Saturday for the initial 8 working hours.
Premium Hours are Monday through Friday after four hours of OT on any one job,
Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday
at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am.
Equipment Rates
Item # Item Description Unit Quantity Unit Price
18 Service Truck HR 1 $30.00
19 Bucket Truck HR 1 $30.00
20 Crane Truck HR 1 $55.00
Material Markup
Item # Item Description Unit %
21 Material Markup % 15%
Yunex LLC requests the option to re-evaluate contract pricing using the US Consumer
Price Index to calculate annual escalations.
-30 of 30-
-1 of 10-
APPENDIX 4
CITY OF LAKE ELSINORE
This Appendix 4 to Agreement (“Appendix”) by and between WRCOG,
Consultant, and CITY OF LAKE ELSINORE ("Member Agency") is made and entered into this
_____day of ______________ 2023. WRCOG, Consultant, and Member Agency are referred
to herein as Parties.
1. Defined Terms. All terms used herein have the meanings ascribed to them in the
Professional Services Agreement between WRCOG and Consultant dated October 2, 2023, with
the exception of the term Member Agency, which for the purposes of this Appendix will refer to
the City of Lake Elsinore only.
2. Agreement Incorporated. The terms and provisions of the Agreement are hereby
incorporated into this Appendix.
3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services
and Compensation for the Project as it relates to Member Agency are defined specifically in
Exhibits A and B, attached hereto and incorporated herein by this reference.
WESTERN RIVERSIDE COUNCIL Yunex, LLC
OF GOVERNMENTS
By: ________________________________ By: _________________________
Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________
General Counsel Its: _________________________
Best Best & Krieger LLP
CITY OF LAKE ELSINORE
By: _____________________________
Jason Simpson, City Manager
APPROVED AS TO FORM
By: _____________________________
City Attorney
ATTEST:
By: _____________________________
City Clerk
-2 of 10-
Exhibit “A”
EXHIBIT “A”
SCOPE OF SERVICES
Understanding of the Project
It is our understanding that WRCOG is seeking a qualified firm to
provide Streetlight Operation & Maintenance Services. The selected
service company will be responsible for providing a continuing,
comprehensive, response program for the Member Agency
streetlights. The Member Agencies expectation is that the contractor
will help reduce complaints, promote safety, and proactively extend the
longevity of the Member Agencies streetlight equipment, thus
reducing the overall operating cost.
We understand that the general Scope of Work to be done consists of
scheduled and unscheduled repairs to the Member Agencies
streetlight systems. Yunex Traffic will have available and readily
accessible, qualified personnel, tools, equipment, facilities, and
material required to perform all work necessary for the maintenance
of WRCOG’s streetlight systems, as outlined in the Scope of Work
and in compliance with current Member Agency and State standards.
Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are
authorized to take their work vehicles home daily. All work vehicles are stocked with proper field
equipment so he/she may sufficiently address most problems they encounter while responding.
Emergency response call outs and unscheduled repairs are initiated by calling our toll-free
emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day,
7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning
board and once the work order is released, it will immediately transfer to our
technician’s queue on their mobile device. As part of our quality control practice, our dispatcher
will follow up with a phone call to our technician to confirm that they are in receipt of the call
out/work order. For emergency calls, the technician will arrive at the site within one (1) hour to
assess and correct the reported problem. Once the problem is corrected, the technician will
inform our WRCOG representative of the repair actions.
Scope of Work
It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We
understand that throughout the term of a contract, those needs may change. We approach all
our contracts with the same vision; build a partnership with WRCOG staff and work towards
achieving common goals set forth through that partnership. We realize that this is an ever-
evolving process and that is why we believe that the only successful route is through establishing
common goals. This methodology and a commitment to service will be applied to every aspect
of our services for WRCOG.
Yunex Traffic will be available to provide emergency/non-emergency streetlight related issues
such as downed streetlight poles, luminaires/photocontrols not functioning, wiring issues, and
other operational equipment related issues.
Yunex Traffic will perform the following tasks and activities as it relates to the maintenance of
-3 of 10-
Exhibit “A”
the streetlight system (36,231poles & 36,554 luminaires):
Customer Service – Provide and administer a customer service center including, at a
minimum, a toll-free phone number and website to allow WRCOG and the public to report
any streetlight issues (e.g., outages, knockdowns, etc.). Separately, provide a
maintenance website for WRCOG staff to access. This will provide WRCOG an up-to-date
summary of current and completed tasks. Yunex will use and provide an Online
Maintenance System with free access to designated WRCOG staff members. The entire
online system will be a real-time system. System functionality will include but not be limited
to the following items:
• Work order tracking
• Work order status updates
• Asset and equipment management
• Maintenance requests
• Maintenance checklists that are maintained and updated regularly
GIS Update - Update WRCOG’s GIS mapping system when new poles are replaced or
added to the streetlight system.
Reports - Monthly and quarterly streetlight system reviews and reports, including
outage/failure rate, knockdowns, and suggested repairs.
Meetings – Coordinate and attend regular meetings to review outstanding issues and
work orders, including discussion of any billing or contract management issues.
Coordination with Outside Entities – Coordinate
electrical service repairs/restoration with SCE as well as
coordinate with WRCOG Staff, residents, and
businesses, as-needed, for difficult to access lights.
Traffic Control – Employees are trained and certified in
temporary traffic control measures, which are compliant
with the California Manual of Uniform Traffic Control
Devices (CA MUTCD).
Warranty Claims – Administer services for all warranty
claims on behalf of the Member Agency for any
luminaires, photocells, or similar streetlight equipment
(smart nodes, detection devices, etc.)
Streetlight Pole Knockdowns – Respond to all calls of
poles that have been knocked down, implement traffic
control, confirm electrical lines are made safe, cut downed
pole/luminaire arm, remove from location, and clean up all
debris.
Streetlight Pole Replacement - Replacement poles will be replaced within 14 business
days of reporting.
Quarterly Streetlight System Reviews (Night Inspection) – Nighttime lighting surveys
will be conducted of all Member Agency owned streetlights to identify any streetlights that
are non-functioning. Upon completion of such nighttime survey, Yunex will provide a report
to the Member Agency of all system activity, condition, issues found, and planned or
completed repairs. The report will include the nearest street address and pole number.
Nighttime Lighting Surveys will be completed quarterly.
-4 of 10-
Exhibit “A”
Annual Painting of Metal Poles – Provide metal pole painting
based upon Member Agency approval.
LED Replacement – Replacement of LED streetlights that
have been inoperative by virtue of failure. Replacement will
occur within three (3) business days from notification of Yunex
by Member Agency. If the cause of failure is covered under
manufacture warranty, Yunex will be responsible for warranty
management of defective LED fixtures which includes all
aspects related to standard warranty practices. Yunex will
notify the Member Agency of any undue delays in response
due to the manufacturer.
LED Retrofit & Pole Tagging – Provide LED retrofit and/or
pole identification tag installation services for cobra head
and/or decorative streetlights.
Removal and Disposal – Provide removal and disposal
services of all damaged/discarded materials. Disposal
services will follow the California Recycle and Disposal Laws.
Furnish and Install House-Side Shields – Provide and install house-side shields when
requested to do so by any Member Agency.
Provide a Storage Facility – Yunex’s local storage facility is conveniently located in the
City of Riverside, which is within minutes of each Member Agency. We have been utilizing
this location to service this contract since being awarded this contract.
Compliance with all Laws – Yunex is familiar with all federal, state, and local laws and
regulations regarding the Scope of Work, and follows wage and labor laws, OSHA
requirements, and appropriate safety measures.
Troubleshooting – Diagnose and repair any Member Agency owned inoperable
streetlights. Repairs will be completed within three (3) working days or less.
Spare Inventory – Yunex will warehouse sufficient spare inventories such as poles,
luminaires, ballasts, photocells, nodes, fuse holders, fuses, wire, pull box lids, hand hole
covers, electrical services, pole identification tags, and other electrical components.
Extraordinary, Emergency, and After-hours
Maintenance - For streetlight maintenance issues
that fall outside of the standard maintenance scope
above, Yunex will provide services billed on a time
& materials basis. Example of Extraordinary,
Emergency, and After-hours Maintenance includes
the following: traffic accidents, tree fall or power
surges that may occur, resulting in the streetlights
being damaged and needing to be replaced, though
the frequency may vary considerably. All
Extraordinary, Emergency, and After-hours
Maintenance work must be preapproved by the
Member Agency prior to the work being completed.
The following items have specifically been identified as, but are not limited to, Emergency
and after-hours maintenance:
o Emergency response - 24 hours and day 7 days a week
-5 of 10-
Exhibit “A”
o Streetlight pole knockdown response
o Damaged/leaning poles
o Luminaire repairs or replacement
o Photocell replacement
o Fuse and/or fuse holder replacement
o False calls
o Wiring replacement
o Pole graffiti abatement
o Pole painting
o House side shield purchase and installation
Additional offerings available to WRCOG:
USA Dig Alert Services
Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at
the request of Member Agency staff for the marking and protection of streetlight
underground facilities such as electrical conduits, safety light conduits, and other
appurtenant equipment which might conflict with other right-of-way construction or repairs.
Our own in-house technicians are equipped and certified with the proper locating devices
provided by Metrotech.
-6 of 10-
Exhibit “A”
On-Line Portal (Service Business Platform @ITS)
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which
is a proprietary management system designed to effectively manage all service order progress,
remotely update our ERP system (SAP) and as work is performed.
SBP allows us to monitor many key performance items such as time arrived onsite, time of
completion, materials used, and vehicle/equipment used.
SBP keeps historical records for every location which allows the technicians an additional resource
when troubleshooting.
When creating a new service request, the SBP will query the location history and will flag the order
if it is a repeated call out or duplicate order.
Technicians transmit response and routine maintenance items in real-time using IOS or Android
devices.
The contractual Scope of Work and all maintenance activities are also available for technicians to
review to ensure all tasks are completed within the specified timeframe.
Customer specific checklists for routine preventative maintenance will be available to the
technicians so all required tasks are completed, per your Scope of Work.
-7 of 10-
Exhibit “A”
Customer Portal
The SBP Customer Portal gives our customers access to:
Monitor real-time status of routine maintenance and service calls
Location history (sort/filter by date, location, call type, etc.)
Overall historical maintenance and repair data
Real-time equipment inventories, maps, and event reporting
Asset management (including digital photographs, GIS data, etc.)
-8 of 10-
Exhibit “A”
Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with
each invoice that lists labor and equipment hours billed for each service order.
-9 of 10-
Exhibit “B”
EXHIBIT “B”
COMPENSATION
BILLING RATES
Item Description Unit of
Measure
Unit Cost
Monthly Maintenance
1 LED Fixture
Maintenance Cobra
head
This includes the cost for all regular maintenance and associated tasks to maintain
the cobrahead fixtures in the streetlight system as identified in section 13.1 of the
RFP. This fee is expected to be all inclusive, with the sole exceptions being those
items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise
authorization) process for LED streetlight fixtures that have failed and
still covered under the original manufacturer's warranty. This includes
the cost to remove, complete the RMA process, and reinstall the fixture
(regardless of it being fixed/replaced). Fixtures that are damaged by acts
of nature (i.e., lightning strikes, etc.) will be replaced, although the cost
of the fixture will be charged under Material Markup (Cost + 15%).
b) Long-Life Photocells: Removal & Replacement of a failed photocells.
c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due
to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or
residents. Our technician will spend up to 2 hours of time
troubleshooting the streetlight to find what the issue might be (fixture,
photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which
exceeds 2 hours, will be billed under Time and Material (Labor Rates,
Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 35,832
streetlights belonging to WRCOG agencies. Prepare a report of outages
that will be followed up by our technicians.
Per Light
/ Per
Month
$0.70
2 LED Fixture
Maintenance Decorative
This includes the cost for all regular maintenance and associated tasks to maintain
the decorative fixtures in the streetlight system as identified in section 13.1 of the
RFP. This fee is expected to be all inclusive, with the sole exceptions being those
items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise
authorization) process for Decorative LED fixtures that have failed and
still covered under the original manufacturer's warranty. This includes
the cost to remove, complete the RMA process, and reinstall the fixture
(regardless of it being fixed/replaced). Fixtures that are damaged by acts
of nature (i.e., lightning strikes, etc.) will be replaced, although the cost
of the fixture will be charged under Material Markup (Cost + 15%).
b) Long-Life Photocells: Removal & Replacement of a failed photocells.
c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due
to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or
residents. Our technician will spend up to 2 hours of time
troubleshooting the streetlight to find what the issue might be (fixture,
photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which
exceeds 2 hours, will be billed under Time and Material (Labor Rates,
Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 399
decorative fixtures belonging to WRCOG agencies. Prepare a report of
outages that will be followed up by our technicians.
Per Light
/ Per
Month
$2.15
Extraordinary Maintenance (Reference pricing Only - this scope will be quoted on time and material basis)
3 LED Replacement
Cobra head
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control,
etc.) for replacing existing cobrahead fixtures with a new LED fixture, disposal and
updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost
plus the markup listed below.
Each $80.00
4 LED Replacement
Decorative
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control,
etc.) for replacing existing decorative fixtures with a new LED fixture, disposal and
updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost
plus the markup listed below.
Each $160.00
5 Street light pole ID tag This includes the labor for installation of a unique pole ID tag for each pole. Pole
tags will be affixed to poles with an adhesive, no riveting or drilling will be
performed. This price is based on installing one (1) pole tag. If multiple pole tags are
grouped together, in the same member agency, a lower price could be provided.
Each $92.00
6 House side shield
installation
This includes the costs associated with the installation of a house side shield on an
existing LED fixture, excluding the cost of the actual shield. Material will be charged
at cost plus the markup listed below.
Each $67.00
-10 of 10-
Exhibit “B”
7 Knockdown pole
replacement No
foundation
This includes the costs associated with the replacement of an entire street light pole,
luminaire arm, fixture and wiring typically associated with a street light knockdown
that does not require replacement of the foundation. This is based on the following
assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head
fixture. The City understands that there will be considerable variation in costs for
these repairs under the contract and anticipates work being authorized individually
through a quote process. These repairs will not be completed as part of an initial
emergency response. Costs are based on a single replacement with work
completed during normal work hours scheduled within the requested repair interval.
Each $5,190.00
8 Knockdown pole
replacement with
foundation
This includes the costs associated with the replacement of an entire street light pole,
luminaire arm, fixture and wiring typically associated with a street light knockdown
that does require replacement of the foundation. This is based on the following
assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head
fixture. The City understands that there will be considerable variation in costs for
these repairs under the contract and anticipates work being authorized individually
through a quote process. These repairs will not be completed as part of an initial
emergency response. Costs are based on a single replacement with work
completed during normal work hours scheduled within the requested repair interval.
Each $7,920.00
9 Pull box lid replacement This includes the cost of labor, materials and equipment to purchase, supply and
replace a pull box lid with a fiberlyte lid due to damage or missing lid.
Each $220.00
10 Pole graffiti abatement This includes the estimated cost per pole to remove or cover reported graffiti. Costs
include labor, equipment and materials needed to complete each individual
abatement assuming time required to abate graffiti is less than 30 minutes. Work
limited to under 4SF and/or lower than 7ft.
Each $87.00
11 Overhead wiring
replacement
Total cost to repair or replace damaged overhead wiring. Cost provided per foot of
wire being replaced. Costs include labor, equipment and materials to complete the
repair during normal working hours. The City understands that there will be
considerable variation in costs for these repairs under the contract and anticipates
work being authorized individually through a quote process.
Per Foot $17.00
12 Pole painting This includes the costs on a per occurrence (per pole) basis for all labor, equipment
and materials needed to prep and paint a standard metal street light pole (assume
30 foot). It is assumed that 10 poles would be scheduled for painting as a group,
annually
Each $700.00
13 USA Dig Alert Yunex LLC typically prices this service out on a per occurrence basis. This includes
the following: Our technician identifies the point of demarcation on site using field
equipment. This is typically limited to approximately 100-150 linear ft per call out.
Each $245.00
Labor Rates
Item
#
Item Description Unit Quantity Regular Time Overtime Premium Time
14 Superintendent HR 1 $98.00 N/A N/A
15 Foreman HR 1 $137.00 $172.00 $207.00
16 Electrician HR 1 $130.00 $162.00 $193.00
17 Laborer HR 1 $110.00 $159.00 $159.00
Regular, Overtime, and Premium time explanation:
Regular Hours are Monday through Friday (excluding holidays) from 7:30am to 4:00pm.
Overtime Hours are Monday through Friday after these work hours for the first four
straight hours on any job as well as Saturday for the initial 8 working hours.
Premium Hours are Monday through Friday after four hours of OT on any one job,
Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday
at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am.
Equipment Rates
Item # Item Description Unit Quantity Unit Price
18 Service Truck HR 1 $30.00
19 Bucket Truck HR 1 $30.00
20 Crane Truck HR 1 $55.00
Material Markup
Item # Item Description Unit %
21 Material Markup % 15%
Yunex LLC requests the option to re-evaluate contract pricing using the US Consumer
Price Index to calculate annual escalations.