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HomeMy WebLinkAboutAGMT - Yunex LLC (Traffic Signal Maintenance Services) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT for Traffic Signal Maintenance Services between -•-OF SEA/ BN JpPOggjFo'�� �,11 i* % OUNTy,�.••- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Yunex, LLC 2250 Business Way Riverside, California 92501 (951) 784-6600 This Amendment No. 1 , dated May 13, 2024, amends that certain Professional Services Agreement ("Agreement') dated May 13, 2019, by and between the City of Seal Beach ("City"), a California charter city, and Yunex, LLC ("Contractor"), a limited liability company (collectively, "the Parties"). RECITALS A. City and Contractor are parties to the Agreement, pursuant to which City retained Contractor to provide certain professional traffic signal maintenance services. B. Effective May 13, 2019, City and Contractor entered into an Agreement for Contractor to provide traffic signal maintenance services with Original Term ending May 13, 2021, with two optional one-year extensions at the discretion of City. C. The Agreement was extended by extension letter pursuant to City's election for an additional one-year ("first extension") to May 13, 2023; and the Agreement was also extended pursuant to City's election for a second extension to May 13, 2024. D. City and Contractor desire to amend the Agreement by this Amendment No. 1 to extend the contract term to and including June 30, 2025, as provided herein, and to increase Contractor's compensation, for a revised total not-to-exceed amount of $460,000, as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AMENDMENT NO. 1 Section 1 . Subsection 1.1 of Section 1.0 (Scope of Services) of this Agreement is hereby amended in its entirety to read as follows: "1 .1. For the Original Term and the First and Second extensions (as defined in Section 2.0), Contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is incorporated herein by this reference. 1 .1.1 For the Third Extension (as defined in Subsection 2.1.2), Contractor shall provide those services ("Services"), set forth in Exhibit A, as modified by Exhibit A-1 which is incorporated herein by this reference. 1.1.2. To the extent that there is any conflict between this Agreement, on the one hand, and Exhibit A or Exhibit A-1, on the other hand, this Agreement shall control." Section 2. Section 2.0 (Term) of this Agreement is hereby amended in its entirety to read as follows: "2.0 Term 2.1. Original Term. This Agreement originally commenced as of the Effective Date and continued for a term of three (3) years through and including midnight on May 13, 2022 ("Original Term"). Page 2 of 5 S7296-0001\2958637v2.doc 2.1.1 First Extension and Second Extension. This Agreement was extended for one additional one-year term from May 13, 2022 via extension letter to and including at midnight on May 13, 2023 ("First Extension"); and was thereafter extended for one additional one-year term by extension letter from May 13, 2023 to and including at midnight on May 13, 2024 ("Second Extension"). 2.1.2 Third Extension. This Agreement is hereby extended from May 13, 2024 through and including June 30, 2025 ("Third Extension"), unless sooner terminated or extended as provided by this Agreement." Section 3. Section 3.0 (Contractor's Compensation) of the Agreement is hereby amended in its entirety to read as follows: "3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the following provisions, but in no event will City pay more than the total amount of Four Hundred Sixty-Thousand Dollars and no/100 ($460,000), as follows: 3.1.1 Original Term. City will pay Contractor in accordance with the rates shown on the fee schedule set for in Exhibit A for Services but in no event will the City pay more than Two Hundred Twenty-Five Thousand Dollars ($225,000.00)for the Original Term of the Agreement; and in no event shall the City pay more than Seventy-Five Thousand Dollars ($75,000) for each year of the Original Term, unless otherwise approved by City. 3.1.2 First Extension and Second Extension. For the First Extension (as defined by Section 2.1.1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Seventy-Five Thousand Dollars ($75,000) for the First Extension of the Agreement. For the Second Extension (as defined by Section 2.1.1, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A, but in no event will the City pay more than Ninety-Five Thousand Dollars ($95,000) for the Second Extension of this Agreement. 3.1.3. Third Extension. For the Third Extension (as defined by Section 2.1.2, above) City will pay Contractor in accordance with the hourly rates as shown on the fee schedule set for in Exhibit A-1, but in no event will the City pay more than Sixty-Five Thousand Dollars ($65,000) for the Third Extension of this Agreement." Section 4. Section 28.0 is hereby added to the Agreement to read as follows: "28.0 Government Code Claim Compliance Page 3 of 5 S7296-0001\2958637v2.doc In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against City." Section 5. Section 29.0 is hereby added to the Agreement to read as follows: "29.0 Non-Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year." Section 6. All references to the term "Agreement" throughout Sections 1.0 through 29.0, inclusive, of the Agreement are hereby modified to include the Agreement dated May 13, 2019, Extension Letter No. 1 dated February 22, 2022, Extension Letter No. 2 dated March 13, 2023, and this Amendment No. 1 dated May 13, 2024, as if all terms are fully set forth therein. Section 7. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 8. This Amendment No. 1 shall be effective on May 13, 2024. Section 9. The persons executing this Amendment No. 1 on behalf of Contractor each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment No. 1. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Amendment No. 1 as of the date and year first above written. Page 4 of 5 S 7296-00011295 8637 v 2.d o c CITY • SAL ' H CONTRACTOR: Yunex, LLC, a limited T' ► •- liability corporation 014^s�grretl by Varga Sasha B Y 050 =Vargas$ashy ID04amer. . Ingram, City Man r By: �varas�„,°a.da�cc°m off»2104 00 0]00.00 41-00115 Name: Sasha Vargas Attest: Its: Commercial Service Manager ,itik .4. e, 4174t , • By: p 4�0,��saw n, By: "'= �" Name: Joshua Ferras Gloria D.' ar:""rity Clerk Its: Protect Manager Approved (Please note, two signatures required for PP as orm: corporations under Corp. Code§ 313, unless corporate documents authorize only one person to sign this Agreement on behalf of the By: corporation.) Nicholas Ghirelli, City Attorney Page 5 of 5 S7296-0001\2958637v2.doc Y I I \ I EXHIBIT A-1 TRAFFIC City of Seal Beach Traffic Signal Maintenance Services Project Cost Schedule I. Routine Maintenance Item Description Unit Quantity Unit Price Total Price Annual Total Monthly Traffic Signal Maintenance EA 22 $85.00 $1,870.00 $22,440.00 Monthly Flash Beacon Maintenance EA 5 $55.00 $275.00 $3,300.00 Total $25,740.00 II. Direct Labor Rates Item Description Unit Regular Time Overtime Premium Time Operations Superintendent HR $70.00 $70.00 $70.00 Foreman HR $130.00 $160.00 $185.00 Traffic Signal Technician HR $125.00 $150.00 $175.00 Streetlight Technician HR $115.00 $135.00 $155.00 Utility Technician HR $125.00 $150.00 $175.00 Groundsman HR $115.00 $150.00 $150.00 Lab Technician HR $130.00 $130.00 $130.00 Engineering/Systems Technician HR $130.00 $160.00 $185.00 Regular time hours are Monday-Friday 7:30AM-4:30PM (excluding Holidays) Overtime hours are Monday to Friday 4:30PM-07:30AM,Weekends and Holidays Ill. Equipment Rates Item Description Unit Rate Service Truck HR $30.00 Bucket Truck HR $35.00 Crane Truck HR $65.00 Towable Air Compressor HR $5.00 Towable Arrow Board HR $5.00 IV. Extraordinary Maintenance Item Description Unit Unit Price Underground Services Alert(USA)Locate/Markout Services HR $150.00 Install 6'Dia Circular Type E Loop(1-4 loops) EA $525.00 Install 6'Dia Circular Type E Loop(5 or More loops) EA $480.00 Cabinet Testing EA $1,200.00 V. Material Item Description Unit Unit Price Material Mark-up will be Invoice Cost Plus 15% l ® DATE(MM/DD/YYYY) A��0 CERTIFICATE OF LIABILITY INSURANCE 10/02/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. PHON: 9830 Colonnade Blvd,Suite 410 (A//C No,Extl: FAX No): San Antonio,TX 78230 E-MAIL Austinsanantonio.Certrequest@marsh.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 1i CN467144012-STND-GAWUE-23- GAWP _ INSURER A:HDI Global Insurance Company 41343 INSURED INSURER B:Federal Insurance Company 20281 Yunex Corp. 9225 Bee Cave Road INSURER C:Chubb Indemnity Insurance Company 12777 Building B,Suite 201 INSURER D: Austin,TX 78733 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: HOU-003940847-08 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBRI POLICY EFF POLICY EXP LIMITS LTR'' 1NSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GLD5853501 10/01/2023 10/01/2024 EACH OCCURRENCE $ 1,000,000 1 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: $ B AUTOMOBILE LIABILITY (23)7362-88-13 06/30/2023 10/01/2024 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS x HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION 70441231 06/30/2023 06/30/2024 X PER OTH- I AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability E0D6199600 10/01/2023 10/01/2024 Limit 5,000,000 Deductible 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:ALL OPERATIONS OF THE NAMED INSURED. CITY OF SEAL BEACH,ITS ELECTED OFFICIAL,OFFICERS,EMPLOYEES AND AGENTS ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL AND AUTO LIABILITY.COMPLETED OPERATIONS COVERAGE IS INCLUDED IN THE GENERAL LIABILITY POLICY.WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8TH STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SEAL BEACH,CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD