Seal Beach City Council
June 22, 2026

12 Section 8- Sample Letter Proposal (continued)
Valverde Construction, Inc. ("VCI") hereby reserves its right to accept, reject or negotiate applicable terms and conditions of any contract to be entered into, in good faith, with the customer upon award of the work, and by submission of this proposal VCI shall not be bound to accept or perfom1 the proposed work until terms are fully agreed to by both parties in writing.

This proposal is an offer to provide services under these exact terms only and is limited to acceptance of these exact terms without modification. Any additional or different terms in your acceptance will be construed as proposals and will not become part of our contract with you unless we agree in writing to your additional terms.

Until receipt of written acceptance, we retain the right to change or withdraw this proposal based on scope, site or contract conditions or terms not previously known.

This proposal defines the scope and price, and time if any, for the performance of the work by VCI. In the event that you wish to award this work to VCI, please prepare and submit any contractual documents (including a copy of the Owner/Prime Contract, if applicable) to Pedro Lopez at VCI's Santa Fe Springs office at the address stated above. Our office will work with you to put a contract in place in a timely manner.

VCI can proceed to schedule its work, order materials and mobilize to perform as soon as a fully executed contract is in place, and the California Preliminary Notice Information has been provided.

If you should have any questions or require further information, please do not hesitate to contact me via phone at (562) 906-1826 ext. 222 or email at [email protected].

Sincerely,
VALVERDE CONSTRUCTION, INC.

Pedro Lopez
Estimator

13 40.21

52.44 55.45

27.37 51.39
100.50
117.92
Ford F150
Ford F550
Ford F750
2 Axle
CAT246C
CAT314
CAT320
NONE
NONE
NONE
14 124.59

76.98 104.25

71.20 91.76
310.00
181.30
209.48

65.00 26.18

21.06 84.67

4.26 26.12

1.81 5.36
CAT 322
CAT 416C
2025 Peterbilt
2012 International
Ford F750
Vac Truck
2019 Isuzu
Tymco Sweeper
CAT 938M
CAT Skip Loader
Compair Q175
UB-304 Breaker
Atlas Copco
Concrete Mixer
Concrete Saw
Compaction Wheel
Wacker
15 7.54

18.68 Vibratory Plate
45kw
126.58 171.77 216.96
117.83 161.91 205.97

92.63 124.13 155.61
117.21 157.70 198.19

89.46 119.35 149.23
180.00 212.00 247.00

88.82 115.02 129.60

89.90 119.98 150.08

81.67 108.46 135.23
16 N/A
N/A
N/A
N/A

N/A N/A
17 Union Labor Rates are effective through June 30, 2026 only Labor Rates will increase 7/01/2026, 7/01/2027 and 7/01/2028
When Union Agreements and new rates determined
We will provide the City with a new Labor Rate Form
18 Valverde Construction, Inc
ID EQUIPMENT Unit Rate Page#
Stand
by
Factor
Multi Shift
Factor Class Make Code Notes

AB A R R O W B O A R D S
AB0016 WANCO SOLAR ARROWBOARD hr $4.40 40 0.36 0.68 TRAFA FLAS TM AB0017 WANCO SOLAR ARROWBOARD hr $4.40 40 0.36 0.68 TRAFA FLAS TM AB0018 WANCO SOLAR ARROWBOARD hr $4.40 40 0.36 0.68 TRAFA FLAS TM AB0019 WANCO SOLAR ARROWBOARD hr $4.40 40 0.36 0.68 TRAFA FLAS TM AB0020 NATIONAL SIGNAL MESSAGE BOARD hr $13.96 40 0.36 ..68 TRAFA CMSN SOL1 AB0021 NATIONAL SIGNAL MESSAGE BOARD hr $13.96 40 0.36 ..68 TRAFA CMSN SOL1 AB0022 NATIONAL SIGNAL MESSAGE BOARD hr $13.96 40 0.36 ..68 TRAFA CMSN SOL1 AB0023 NATIONAL SIGNAL MESSAGE BOARD hr $13.96 40 0.36 ..68 TRAFA CMSN SOL1 AB0032 WANCO SOLAR ARROWBOARD hr $4.40 40 0.36 0.68 TRAFA FLAS TM AB0042 Sunray 90 Message Board hr $13.96 40 0.36 ..68 TRAFA CMSN SOL1 AB0043 Sunray 90 Message Board hr $13.96 40 0.36 ..68 TRAFA CMSN SOL1 ABAS WANCO SOLAR ARROWBOARD - Standby hr $5.03
ABMS NATIONAL SIGNAL MESSAGE BOARD- Standby hr $1.58

BH B A C K H O E S
BH0033 2020 Caterpillar 430F2 Bankhoe Loader hr $72.91 18 0.1 0.9 LDRRT CAT 1865D BH0034 2021 Caterpillar 430-07 Backhoe Loader H8W00331 hr $72.91 18 0.1 0.9 LDRRT CAT 1865D BH0035 2021 Caterpillar 430-07 Backhoe Loader H8W00330 hr $72.91 18 0.1 0.9 LDRRT CAT 1865D BH0036 2021 Caterpillar 430-07 Backhoe loader H8W00378 hr $72.91 18 0.1 0.9 LDRRT Cat 1865D BH0037 2021 Caterpillar 430-07 Backhoe loader H8W00382 hr $72.91 18 0.1 0.9 LDRRT CAT 1865D BH0038 2021 Caterpillar 430-07 Backhoe loader H8W00682 hr $72.91 17 0.1 0.9 LDRRT CAT 1865D BH0039 2023 Caterpillar 430-07 Backhoe loader H8W00930 hr $77.08 18 0.1 0.9 LDRRT CAT 1865E BH0040 2024 Caterpillar 430-07 Backhoe loader H8W01145 hr $77.08 18 0.1 0.9 LDRRT CAT 1865E BH0041 2024 Caterpillar 440-07 sn- MZX00650 hr $95.91 0.11 0.89 LDRRT CAT Calculation BH0043 2024 Caterpillar 430-07 Backhoe loader H8W01360 hr $77.08 18 0.1 0.9 LDRRT CAT 1865E BH0044 2024 Caterpillar 430-07 Backhoe loader H8W01520 hr $77.08 18 0.1 0.9 LDRRT CAT 1865E BH1248 Caterpillar 430FS hr $77.08 18 0.1 0.9 LDRRT CAT 1865E BOW Equipment BH1252 Caterpillar 430FS hr $77.08 18 0.1 0.9 LDRRT CAT 1865E BOW Equipment

CP C O M P R E S S O R S
CP0003 CompAir Q175 COMPRESSOR - 016-025 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0005 CompAir Q175 COMPRESSOR - 016-025 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0007 CompAir Q175 COMPRESSOR - 016-025 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0008 CompAir Q175 COMPRESSOR - 016-025 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0010 CompAir Q175 COMPRESSOR - 016-025 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0011 2016 Sullivanpalater Compressor 185 - F 016-025 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0012 2016 Sullivanpalater Compressor 185 - F 016-025 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0013 Airman PDS185-6E1 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0014 Airman PDS185-6E1 hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0015 Airman PDS185S (B4-6E15360) hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CP0016 Airman PDS185S (B4-6E15356) hr $25.63 1 0.14 0.88 AIRCP PORT 016-025 CPS CompAir Q175 COMPRESSOR - Standby hr $3.59

EX E X C A V A T O R
EX0009 2019 Caterpillar Excavator320-07GC SN KTN10616 hr $96.41 9 0.17 0.85 HCECL CAT 0310 EX0010 2023 Caterpillar 306-07CR SN 6G609417 hr $52.03 Misc 0.16 0.85 Misc CAT 306CR EX0011 2024 M322 Excavator SN 0KE63055 hr $119.67 9 0.17 0.85 HECEL CAT 322L EX0012 2024 Caterpillar 320 - F hr $96.41 0310
EX0013 2024 Caterpillar 325 - F hr $127.11 0330
EX0014 2023 Caterpillar 340-08 hr $96.41 0310
EX0015 2025 352-08FG hr $245.03 0360
EX0016 Caterpillar- Hydraulic Excavator hr
EX0017 CATERPILLAR 308 CR EXCAVATOR hr $57.50 0270
EX1117 Caterpillare 336 (tutor) - F hr $226.05 0351F

F O R K L I F T S
FL0004 Forklift CAT DP40K-D hr $57.15 14 0.21 0.8 FKLFT FLT 060-080 8,000LB CAPACITY TH0001 Caterpillar Telehandler KDE01485 hr $79.02 14 0.21 0.8 FKLFT FLT 080-120 10,000 LB capacity

HB H Y D R A U L I C B R E A K E R
HB0001 UB-304 HYDRAULIC BREAKER hr $20.24 16 0.21 0.81 HAMMR NPK 0795 use NPK 4XE HB0025 NDK HYDRAULIC BREAKER hr $20.24 16 0.21 0.81 HAMMR NPK 0795 HB0044 2023 Bosch Hydraulic Breaker Electric hr $15.77 16 0.21 0.81 HAMMR NPK 0800 HB0499 1999 Hammer 1250 H6XA IE499 hr $15.77 16 0.21 0.81 HAMMR NPK 0800 HB1112 EQ113631 UB406 BREAKER $20.24 16
HB4181 2001 BTI Hydraulic Breaker 4000 TB0625QA 4181 hr $16.44 16 0.21 0.81 HAMMR NPK 0880 use NPK 7X HB4200 Breaker 1500 lb Cat 430 hr $20.24 16 0.21 0.81 Hammer NPK 795 HBS UB-304 HYDRAULIC BREAKER - Standby hr $4.25
Equipment Rates
Effective 04/01/26
Expires 03/31/27
19 Valverde Construction, Inc
ID EQUIPMENT Unit Rate Page#
Stand
by
Factor
Multi Shift
Factor Class Make Code Notes
Equipment Rates
Effective 04/01/26
Expires 03/31/27

LD L O A D E R S
LD0015 Caterpillar 950M (2022) hr $199.62 26 0.11 0.9 LDRRT CAT 2310M LD0015 Caterpillar 950M (2022) Standby hr $13.33 LDRRT CAT 2310M LD0016 Caterpillar 938M (2023) hr $199.62 26 0.11 0.9 LDRRT CAT 2310M LD0017 2023 CATERPILLAR 950M hr $199.62 26 0.11 0.9
LD0018 Caterpillar 930 hr $117.99 26 0.11 0.9 LDRRT CAT 2088G LD1190 Caterpillar 938 (Tutor) - S hr $122.51 26 0.11 0.9 2130G

LT L I G H T T O W E R S
LT0004 ALLMAND NLPKFMXZ LIGHT TOWER hr $5.31 6 0.13 0.88 ELGEN LITE 2 LIGHT LT0007 Wanco Light Tower (0838) hr $5.31 6 0.13 0.88 ELGEN LITE 2 LIGHT LT0010 WS Light Tower Towable 2024 hr $5.31 6 0.13 0.88 ELGEN LITE 2 LIGHT LTS ALLMAND NLPKFMXZ LIGHT TOWER - Standby hr $0.69 .

PU P U M P S
PU0002 GRIFFIN 6" TRASH PUMP (7,920 GPH ) hr $35.42 31 0.36 0.68 PUMWA APMP 050-125 w/25'&50' hoses PU0002S GRIFFIN 6" TRASH PUMP - Standby hr $12.75
PU0003 WACKER PT3A 3'' (2,400 GPH ) hr $6.94 31 0.36 0.68 PUMWA APMP 010-020 w/25'&50' hoses PU0003S WACKER PT3A 3'' - Standby hr $2.50
PU0004 MULTIQUIP QP-40TH 4' ( 3,666 GPH ) hr $8.21 31 0.36 0.68 PUMWA APMP 020-030 w/25'&50' hoses PU0004S MULTIQUIP QP-40TH 4' - Standby hr $2.96
PU0006 HYPRO 3/4" 5210C-R TEST PUMP (600 GPH ) hr $4.51 31 0.36 0.68 PUMWA APMP 000-010 w/25'&50' hoses PU0006S HYPRO 3/4" TEST PUMP - Standby hr $1.62

RO R O L L E R S/C O M P A C T I O N W H E E L S
RO0005 CASE DV36 ROLLER hr $245.84 32 0.14 0.87 ROVIB CASE 2510 Per John Rodriguez,Caltrans RO0007 2014 Atlas Copco CA 1300DB hr $81.18 33 0.16 0.86 ROVIB CAT 8061 Use Cat CP433B RO0008 2020 CAT CB22B Vibratory compactor hr $39.94 33 0.15 0.86 ROVIB CAT 8031 Use Cat CB224B RO0009 Walk behind Roller hr $12.79 0.18 0.83 COMHIG COMP 250 TK T R U C K S Code
TK0047 2024 dodge Ram 5500 Cab Chasis 20-28 hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 TK0048 2024 Dodge Ram 5500 Chassis Cab hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 TK0341 2015 Ford 750 Flatbed 20-28 hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 TK0352 2015 Ford F350 Utility Truck 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK0404 2021 Ford F450 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK0664 2013 Ford F-550 Stakebed Truck 20-28 hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 TK0695 2015 Chevy Passanger Van hr
TK0802 2015 Ford F350 Super Duty hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK0840 2019 Dodge Ram 1500 Classic 00-06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK0882 2019 Ford F450 Super Duty hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK1264 Chevy Colorado 06-12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK1290 2025 FORD F150 P/U hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK1290 2025 FORD F150 PU TRUCK hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK1377 2008 Ford Ranger Super Cab 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK1390 2019 Ford F150 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK1674 2021 Ford F550 Super duty Reg hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK1741 2015 Ford F350 Utility Truck 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately TK1834 2014 Ford F-150 Super Cab 00 - 06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK2040 2013 Ford F-550 Saw Truck 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK2212 2015 Ford F350 Utility Truck 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately TK2437 2008 Dodge Ram 2500 Reg.Cab 06-12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 Saw paid separately TK2575 2022 FORD F150 P/U hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK2575 2022 FORD F150 P/U hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK2699 2020 Ford F350 Combo 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK2716 2019 Dodge Ram 1500 Classic 00-06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK2770 2024 Dodge Ram tt00 hr
TK2788 Ford F50 XL PU 6-12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK2828 2020 Ford F-450 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK3106 2025 FORD F150 P/U hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK3106 2025 FORD F150 P/U hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK3178 2020 Dodge Ram 5500 20-28 hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 TK3221 2020 Ford F450 Flatbed 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK3309 2025 FORD RANGER hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK3309 2025 FORD RANGER hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK3312 2022 Dodge Ram 3500 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK3358 2020 Ford F350 utility 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK3448 2015 Ford F350 Utility Truck 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately 20 Valverde Construction, Inc
ID EQUIPMENT Unit Rate Page#
Stand
by
Factor
Multi Shift
Factor Class Make Code Notes
Equipment Rates
Effective 04/01/26
Expires 03/31/27
TK3513 2008 Ford F-450 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately TK3516 2008 Ford F-450 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK3635 2016 Ford F-250 06-12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK3644 2013 Ford F550 with Boom - S hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK3850 2007 GMC Sierra Classic hr
TK4386 2017 Ford F-250 XL 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK4391 2017 Ford F-250 XL 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK4393 2017 Ford F-250 XL 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK4926 2005 Ford F450 Stakebed 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately TK5022 2020 Ford Combo Utiltiy 12-20 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK5410 2014 Ford F-150 Super Cab 00 - 06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK5443 2019 Ford 250 Super Duty Crew hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK5641 2013 Ford F150 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK5654 2013 Ford F150 Superca;b hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK5718 2013 Ford F-150 XLT 00-06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK5720 2013 Ford F-150 XLT 00-06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK6031 2013 F550 Dump Truck 3 Yard - S hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK6354 2024 Ford F150 P/U hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK6354 2024 Ford F150 P/U $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK6361 2024 FORD F150 P/U hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK6361 2024 FORD F150 P/U $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK6726 2008 Ford F250 XL SRW 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK6812 FORD F150 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK6854 Ford F150 - S $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK6904 2016 Ford F-150 XLT 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK6916 2013 Ford F450 Super Duty Utility Truck hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7168 2008 FORD RANGER REGULAR CAB - v3? hr
TK7310 2016 Ford F-150 XL 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK7368 2021 Ford F150 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK7368 2021 Ford F150 $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK7419 2016 Ford-350 XL 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7420 2016 Ford-350 XL 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7469 2013 Ford F-150 XLT 00-06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK7469 2013 Ford F-150 Super Cab - S hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK7537 2020 Ford F550 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7538 FORD hr
TK7539 2020 Fprd F550 Super Duty hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7540 2020 Ford F550 Super Crew Cab hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7541 2020 Ford F555 XLT hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7542 Ford F550 Super Duty Crew Cab 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7546 2020 Ford F550 Super Duty Crew Cab 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7594 2014 Ford F350 UT- F $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK7605 2015 Ford F350 Utility Truck 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately TK7807 2021 Ford Ranger PU Crew 00-06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK7904 2013 Ford F350 Utility Truck 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately TK7963 2013 Ford F-150 XLT 00-06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK8208 2014 Ford F350 Utility Truck 12 - 20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately TK8480 2013 Ford F-150 XLT 00-06 hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK8965 Ford F-450 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 welder/comp paid separately TK9368 2014 Ford F250 XL Super Cab 06-12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK9368 2013Ford F250 XL Super Cab 06-12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 welder/comp paid separately TK9424 2008 Ford F250 XL SRW 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK9542 2012 Ford F-450 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK9604 2013 Ford F350 utility 12-20 hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK9637 Ford F350 -SFS hr $51.25 42 0.12 0.89 TRUCK T&TT 12-20 TK9744 2012 Ford F-150 XLT 4x4 06-12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK9753 FORD F150 P/U hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TK9785 2014 Ford F-150 XL 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 welder/comp paid separately TK9799 2016 Ford F-150 XL 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK9800 2016 Ford F-150 XL 06 - 12 hr $34.98 42 0.12 0.89 TRUCK T&TT 06-12 TK9803 2016 ford F150 Supercab hr $34.98 42 0.12 0.89 TRUCK T&TT 00-06 TKHS Heavy Truck - Standby 12-20 hr $4.20 42 0.12 0.89 TRUCK T&TT 12-20 TKLS Light Truck - Standby 00-06 hr $4.20 42 0.12 0.89 TRUCK T&TT 00-06 TKMS Medium Truck - Standby 06-12 hr $4.20 42 0.12 0.89 TRUCK T&TT 06-12 TKUS Utility Truck - Standby 20-28 hr $4.20 42 0.12 0.89 TRUCK T&TT 20-28

TR S K I D S T E E R S
TR0006 Cat 246C Skid Steer Loader > 50hp hr $49.49 40 0.12 0.89 TRACS >50 C 21 Valverde Construction, Inc
ID EQUIPMENT Unit Rate Page#
Stand
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Multi Shift
Factor Class Make Code Notes
Equipment Rates
Effective 04/01/26
Expires 03/31/27
TR0006S Cat 246C Skid Steer Loader - Standby hr $5.94

SW S W E E P E R S
SW0003 2019 Isuzu Tymco Sweeper hr $174.66 12 0.15 0.86 BRMSW SWSP 3-6

TK D U M P T R U C K S & T R A I L E R S
TK0863 Peterbilt Dump Truck hr $91.50 43 0.18 0.84 TRUON TRUN 3AXL TK0863s Peterbilt Dump Truck - Standby hr $16.47
TK2572 Peterbilt Dump Truck hr $91.50 43 0.18 0.84 TRUON TRUN 3AXL TK2572s Peterbilt Dump Truck - Standby hr $16.47
TK2995 Ford 650 Dump Truck hr $91.50 43 0.17 0.84 TRUON TRUN 3AXL TK2995s Ford 650 Dump Truck - Standby hr $15.56
TK3730 2013 Ford F650 5-6 YARD DUMP TRUCK hr $69.84 43 0.18 0.84 TRUON TRUN 2AXL TK3730S 2013 Ford F650 5-6 YARD DUMP TRUCK - Standby hr $12.57 TK9892 15 'PETERBUILT 10 WHL DUMP TRUCK hr $91.50 43 0.18 0.84 TRUON TRUN 3AXL TK9670 2025 'PETERBUILT4 axel DUMP TRUCK hr $103.20 43 0.18 0.84 TRUON TRUN 4AXL TK9683 2025 'PETERBUILT4 axel DUMP TRUCK hr $103.20 43 0.18 0.84 TRUON TRUN 4AXL TK40 TRAILER 2 AXLE - 8 TIRE/axle hr $25.83 41 0.42 0.64 TRAIL LB-A 200 TK40S TRAILER 2 AXLE - 8 TIRE/axle - Standby hr $10.85
TK40LP TRAILER 2 AXLE - 8 TIRE/axle hr $25.83 41 0.42 0.64 TRAIL LB-A 200 TK3561 Utility Trailer Hr $1.09 41 0.42 0.64 TRAIT TB-1 00-02 TK6031 2013 F550 Dump Truck 3 Yard hr $69.84 43 0.18 0.84 TRUON TRUN 2AXL TK6031S 2013 F550 Dump Truck 3 Yard - Standby hr $12.57

VP V I B R A T O R P L A T E S
VP0001 WACKER GAS (vibrator plate) hr $5.15 12 0.19 0.82 COMHG COMP 0-250 VP0002 WACKER GAS (jumping jack) hr $5.15 12 0.19 0.82 COMHG COMP 0-250 VP0003 WACKER GAS (jumping jack) hr $5.15 12 0.19 0.82 COMHG COMP 0-250 VP0005 WACKER DIESEL (jumping jack) hr $5.15 12 0.19 0.82 COMHG COMP 0-250 VPS JUMPING JACK or VIBRATOR PLATE - Standby hr $0.98

VT V A C T R U C K S
VT0001 Vactor HXX Paradigm Vacum - F hr

WT W A T E R T R U C K S
WT0004 14' Freightliner 2000 Gallon Water Truck hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 20,000lbs WT0005 2016 Ford F750 Water Truck hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 20,000lbs WT0006 2017 Water Trailer hr $2.96 misc 0.21 0.82 Misc WATR 2AX-550 550 Gallons WT0008 2023 Ford F750 Water Truck hr $90.25 42 0.12 0.89 TRUCK T&TT 48-60 26,000 lbs WT0009 2024 Mack Water Truck (F) hr $90.25 42 0.12 0.89 TRUCK T&TT 48-60 26,000 lbs WT1442 Ford F750 Water Truck (Tutor) hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 20,000lbs WT4230 2007 Ford F650 Water Truck 3FRNF65A16V374530 hr $54.23 42 0.12 0.89 TRUCK T&TT 20-28 20,000lbs

MS M I S C E L L A N E O U S
MS0001 STEEL PLATE 4 X 8 3/4" day $1.62 21 0.56 1 NONOP MISC 210 4*8/100*1.16 = .37 MS0002 STEEL PLATE 8 X 12 1" day $1.62 21 0.56 1 NONOP MISC 220 8*12/100*1.33= 1.28 MS0008 DYNAMATION GAS DETECTOR 929A hr $1.07 Misc 0.59 1 TEST INSC M40 MS0013 LEE BOY TACK SPRAYER hr $9.24 12 0.13 0.88 BITDT TLMD 0-300 MS0018 AP 25 VENTILATION BLOWER hr $0.73 1601 misc 0.5 1 FANSV ELEC 000-100 Research MS0018S VENTILATION BLOWER - Standby hr $0.37
MS0900 RIVET BUSTER hr $1.90 9 0.61 0.42 AIRTO ATOL 60
MS0900S RIVET BUSTER - Standby hr $1.16
MS0901 DELINEATORS day $0.29 32 0.73 1 TRAFC 3DEL 100 rate is per day MS0901A CONES 28"high per 100 day $18.18 40 0.73 1 TRAFC 2TC B100 rate is per day/per 100 MS0902 POWDER PUFF (60 lbs) hr $1.90 9 0.61 0.42 AIRTO ATOL 40-60 MS0902S POWDER PUFF (60 lbs) - Standby hr $1.16
MS0903 SIGNS day $3.31 32 0.73 1 TRAFC 6FSS EACH rate is per day MS0904 90# JACKHAMMER hr $1.90 9 0.61 0.42 AIRTO ATOL 60 MS0904S 90# JACKHAMMER - Standby hr $1.16
MS0905 60# JACKHAMMER hr $1.35 9 0.61 0.42 AIRTO ATOL 40-60 MS0905S 60# JACKHAMMER - Standby hr $0.82
MS0906 CLAY SPADE hr $1.35 9 0.61 0.42 AIRTO ATOL 40-60 MS0906S CLAY SPADE - Standby hr $0.82
MS0907 HIGH LEVEL FLAG TREE day $3.31 32 0.73 1 TRAFC 6FSS EACH rate is per day MS0908 3" TRASH PUMP w/25'suction & 50'discharge hr $6.94 31 0.36 0.68 PUMWA APMP 010-020 w/hoses MS0908A 4" TRASH PUMP w/25'suction & 50'discharge hr $8.21 31 0.36 0.68 PUMWA APMP 020-030 w/hoses MS0908S TRASH PUMP - Standby hr $2.96
MS0911 GENERATOR (6.5 KW) hr $5.12 14 0.13 0.88 ELGEN GEN 003-008 22 Valverde Construction, Inc
ID EQUIPMENT Unit Rate Page#
Stand
by
Factor
Multi Shift
Factor Class Make Code Notes
Equipment Rates
Effective 04/01/26
Expires 03/31/27
MS0911S GENERATOR (6.5 KW) - Standby hr $0.67
MS0912 BLOWER W/HOSE hr $0.60 31 0.5 1 FANSV ELEC 000-100 MS0912S BLOWER W/HOSE - Standby hr $0.30
MS0915 2" SUBMERSIBLE PUMP (1260 GPH) w/hoses hr $4.63 23 0.36 0.67 PUMWA APMP 000-010 w/hoses MS0915S 2" SUBMERSIBLE PUMP - Standby hr $1.67
MS0917 CUTOFF SAW hr $0.52 14 0.61 0.42 ELTOL TOOL 060-080 MS0917S CUTOFF SAW - Standby hr $0.32
MS0918 50' FIRE HOSE 2 1/2" hr $0.10 31 0.36 0.68 PUMWA OUHS 0-2.5 MS0919 CONFINED SPACE PKG (winch,tripod,harness) hr $0.44 Misc 0.02 0.82 WINCH EKRV L5606 MS0919S CONFINED SPACE PKG - STANDBY hr $0.01
MS0920 CHIPPING GUN (25 lbs) hr $1.06 9 0.61 0.42 AIRTO ATOL 20-30 MS0920S CHIPPING GUN (25 lbs) - Standby hr $0.65
MS0922 GENERATOR 45 KW KVA hr $18.60 14 0.13 0.88 ELGEN GEN 025-050 MS0922S GENERATOR 45 KW KVA - Standby hr $2.42
MS0923 BARRICADE W/FLASHER LITE day $0.58 40 0.73 1 TRAFC 1BAR A1 MS0924 18" & 24" MOUNTED COMPACTOR WHEEL hr $1.55 Misc 0.52 0.52 COMMM ENTK 300W MS0924S COMPACTOR WHEEL - Standby hr $0.81
MS0926 ACCU PUNCHER TORPEDO 2" hr $1.35 9 0.61 0.42 AIRTO ATOL 40-60 MS0927 CORE DRILL - Cardi X2R 42C 5HP hr $3.49 37 0.12 0.89 SAWCH SAW 5-HP MS0928 HUSQVARNA WALK BEHIND FLAT SAW hr $25.96 37 0.15 0.86 SAWCO ABOP 45-65 MS0929 2 POWDER PUFF TAMPER (40 lbs) hr $1.35 9 0.61 0.42 AIRTO ATOL 40-60 MS0930 CONCRETE VIBRATOR hr $1.34 5 0.33 0.69 CONVB CVIB EVHD MS0931 WET VACUUM hr $0.39 14 0.61 0.42 ELTOL TOOL 045-060 MS0933 36" Compaction Wheel hr $1.55 Misc 0.52 0.52 COMMM ENTK 300W MS0934 Red -D- Arc Welder ZR 8 hr $7.46 43 0.2 0.83 WELD AWM 0-250 MS0935 Roto Hammer hr $1.06 9 0.61 0.42 AIRTO ATOL 20-30 MS0940 Cement Mixer hr $4.09 13 0.12 0.89 CONMX SORP 03.5-6 MS0941 Multiquip Power Washer hr $6.00 0.16 0.84 BB
MS0942 Grinder hr $22.56 0.16 0.84 BB
MS951 Vibrator Plate HR $1.36 13 0.33 0.69 COMVB CVIB EVHD MS0960 Welder with Trailer hr $7.46 43 0.2 0.83 WELD AWM 0-250 HT0001 Hot Tap Air Tool hr $0.54 9 0.61 0.42 AIRTO ATOL 0-10 MS0961 Laser hr $4.79 MISC 0.58 0.45
MS0962 Welder hr $7.46 43 0.2 0.83 WELD AWM 0-250
MS0969 Linelazer Line Striper hr $5.52 MISC 0.28 0.74 STRIP GACO 3900 23 SECTION 10- EXCEPTIONS
Exceptions Include:
• All Permits
• Inspection Fees
• Compaction Testing
• Survey/Layout
• Engineering
• Traffic Control Map Stamped by Engineer
• Removal of Hazardous Materials
• Handling and/or Disposal of Ground Water
• Relocation of Conflicting Utilities Not Specifically Mentioned in Scope of Work And
• Future Rate Increases for Union Workers.
24 Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.

This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.

No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.

Active
Entity Name:

Entity No.:

Registration Date:

Entity Type:
0652211
05/24/1972
Stock Corporation - CA - General
Status:

Formed In: CALIFORNIA
VALVERDE CONSTRUCTION, INC.

IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of May 03, 2026.

SHIRLEY N. WEBER, PH.D.

Secretary of State
Certificate No.:

To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 453667123
__________________________ SECTION 11 - ENTITY
25 SECTION 12 – DIR REGISTRATION NUMBER
1000002110 Expires 6/30/2028
26 SECTION 12 (Continued)
CSLB LISENSE NO. 276469
27 EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.

10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

MAINTENANCE SERVICES AGREEMENT
for
On-Call Utilities Maintenance, Repair and
Emergency/Unexpected Task Services
between

City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
W.A. Rasic Construction Company, Inc.
4150 Long Beach Blvd.

Long Beach, CA 90807
(562) 928-6111
This Maintenance Services Agreement (“the Agreement”) is made as of June 22, 2026 (the “Effective Date”), by and between W.A. Rasic Construction Company, Inc. (“Contractor”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain on-call utilities maintenance, repair and emergency/ unexpected task services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals (“RFP”) on April 1, 2026, titled “On-Call Utilities and Electrical Maintenance, Repair and Emergency/Unexpected Task Services.” Contractor submitted a proposal dated May 6, 2026, in response to the RFP.

C. Contractor represents that the principal members of its firm are qualified California licensed contractors (License # 368761, DIR 1000000649) and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Strictly on an on-call basis, Contractor shall provide those utilities maintenance, repair and emergency/unexpected task services (collectively “Services”) in the Request for Proposals attached hereto as Exhibit A, Contractor’s Proposal attached hereto as Exhibit B, and Terms for Compliance with California Labor Law Requirements (Exhibit C), all incorporated herein by this reference. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder.

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) Exhibit A (the Request for Proposal) (“RFP”), including all attachments and exhibits thereto; (iii) Exhibit B (Contractor’s accepted proposal, “Proposal”); and (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements). Exhibits A, B, and C are incorporated herein by this reference as though set forth in full.
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1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or other incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A (the RFP); and then (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit B (Proposal). In the event there is any conflict between the Agreement, on the one hand, and any of the Exhibits, the RFP or the Proposal on the other hand, the Agreement shall govern.

1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Contractor, and Contractor’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor’s staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Contractor’s work by City shall not operate as a release of Contractor from such standard of care and workmanship.

1.4. Compliance with Laws. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.

1.5. Additional Services. Contractor will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on June 30, 2029, unless sooner terminated or extended as provided by this Agreement.

2.2. Extensions. City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up two additional terms of one year each (“extension”), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by City, the first extension shall have a term extending from July 1, 2029, through and including June 30, 2030, unless sooner terminated or extended pursuant to this Agreement. If timely elected by City, the second extension shall be from July 1, 2030, through and including June 30, 2031, unless sooner 4 of 23
terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor’s authorized representatives.

3.0 Contractor’s Compensation

3.1. Original Term. In consideration of Contractor’s performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not-to-exceed amount of $600,000 (Six Hundred Thousand dollars and 00/100) for the Original Term.

3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

3.3. Extensions. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, in consideration of Contractor’s performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-to-exceed amount of $200,000 (Two Hundred Thousand dollars) for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award.

4.0 Method of Payment
Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.

5.0 Termination

5.1. Termination by City.

5.1.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5 of 23

5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

5.2. Termination by Contractor. This Agreement may be terminated by Contractor based on reasonable cause, by serving written notice of termination to City, provided that Contractor has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement immediately upon the effective termination date set forth in the notice of termination. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Contractor is not then in breach, City shall pay Contractor all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Contractor. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

6.1. The City Manager is City’s representative for purposes of this Agreement.

6.2. Shane K. Sato is the Contractor's primary representative for purposes of this Agreement. Shane K. Sato shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices
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7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: W.A. Rasic Construction Company, Inc.
4150 Long Beach Blvd.

Long Beach, CA 90807
Telephone: (562) 928-6111
Mobile: (310) 864-0278
Email: [email protected]
Attn: Shane K. Sato

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Contractor and all of Contractor’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor’s employees or other personnel under Contractor’s supervision. Contractor will determine the means, methods, and details by which Contractor’s employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Contractor’s employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, 7 of 23
badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of any Services under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Contractor shall defend, indemnify and hold harmless City and its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold 8 of 23
harmless as set forth in any other provision of this Agreement. Contractor’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), as amended from time to time. and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. To the maximum extent permitted by law, Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Ownership of Work Product

11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, or used by Contractor in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their 9 of 23
creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

11.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1.

11.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
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12.0 Confidentiality

12.1. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Contractor covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Contractor for performance of this Agreement are confidential unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such Work Product, or other data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the geographical boundaries of City. Response to a subpoena or court order shall not be considered “voluntary,” provided Contractor gives City timely notice of such court order or subpoena.

12.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

12.3. Contractor’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City, and any subcontracting shall be at Contractor’s sole cost and expense. Contractor is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all terms, requirements, and provisions of this Agreement.
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14.0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.
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17.0 Insurance

17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that Contractor has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance, with a minimum limit of $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a 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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its officers, directors, managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance. with a minimum limit of $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability Insurance with a minimum limit of $1,000,000 per accident and in the aggregate for bodily injury or disease.

17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with that task order under this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 13 of 23

17.4. Additional Insureds.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, 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 Contractor or for which Contractor is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, servants, agents, volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. Each insurance policy required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 14 of 23

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.

17.10. Enforcement of Agreement Provisions (Non-Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on City’s part to inform Contractor of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder.

17.11. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
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17.13. Indemnity Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

17.14. Broader Coverage/Higher Limits. .No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. Contractor may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor.

17.15. Subcontractor Insurance Requirements/Pass-Through Clause.

Contractor agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request.

17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this 16 of 23
Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the active or sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity agreements, Contractor shall be fully responsible 17 of 23
and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, to the extent arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, any acts, omissions, negligence or willful misconduct of Contractor’s subcontractor, subconsultant, or other person or entity, and its officers, directors, managers, affiliates, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, and/or their officers, directors, managers, affiliates, agents, servants or employees (or any other entity or individual for whom Contractor’s subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Contractor’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, servants, volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Indemnification Not Limited by Insurance. Procurement of insurance by Contractor is not and shall not be construed as a limitation of Contractor’s liability, or as a waiver of or limitation on full performance of Contractor’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Contractor’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Contractor’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Contractor, City, or any of the other Indemnitees.

18.6. Survival of Terms. Contractor’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or consultants because of or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national 18 of 23
origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Contractor further covenants that in the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, any City agents serving as independent contractors in the role of City officials, and/or any City consultants, contractors, subcontractors, or subconsultants on any basis prohibited by law

20.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

22.0 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.

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Government Code Claim Compliance
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 19 of 23
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.

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

26.0 Non-Exclusive Agreement
Contractor acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement.

27.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

28.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states.

29.0 Prohibited Interests; Conflict of Interest

29.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner 20 of 23
with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

29.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

29.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

30.0 Final Payment Acceptance Constitutes Release
The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its officers, directors, managers, affiliates, employees, agents, and subcontractors for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its officers, directors, managers, affiliates, employees, agents and subcontractors.

31.0 Corrections
In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Contractor’s report or plans. Should Contractor fail to make such 21 of 23
correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.

32.0 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.

33.0 Mutual Cooperation

33.1. City’s Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.

33.2. Contractor’s Cooperation. Contractor agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.

34.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

35.0 Attorneys' 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 all of its attorneys’ fees and other costs incurred in connection therewith.
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36.0 Recitals
City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

37.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

38.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.

EXHIBIT A
Request for Proposals
for
On-Call Utilities and Electrical Maintenance, Repair and Emergency/Unexpected Task Services
City of Seal Beach
Request for Proposals
for
On-Call Utilities and Electrical Maintenance,
Repair and Emergency Services
RFP responses to be received until
2:00 P.M., May 6, 2026
in the Public Works Department
ATTN: Sean Sabo, Management Analyst
Approved for Advertising:

Iris Lee
Director of Public Works
Date Issued: March 31, 2026
ii
Table of Contents
I. INTRODUCTION
II. GENERAL REQUIREMENTS
III. DISCIPLINE A UTILITIES MAINTENANCE, REPAIR AND EMERGENCY

SERVICES
IV. DISCIPLINE B ELECTRICAL MAINTENANCE, REPAIR AND

EMEREGENCY SERVICES
V. PRE-PROPOSAL QUESTIONS
VI. SCHEDULE
VII. SUBMITTAL REQUIREMENTS
VIII. FEE AND COST PROPOSAL
IX. INTERVIEW
X. SELECTION PROCESS
XI. SPECIAL PROVISIONS
XII. GENERAL CONDITIONS
EXHIBIT A Cost Proposals
EXHIBIT B Sample Contract
3 REQUEST FOR PROPOSALS FOR

ON-CALL UTILITIES AND ELECTRICAL MAINTENANCE, REPAIR AND

EMERGENCY SERVICES
ALL INTERESTED PARTIES MUST ACCESS RFP DOCUMENTS VIA PLANETBIDS.

COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA PLANETBIDS.

I. INTRODUCTION
The City of Seal B
water, wastewater, storm water, and electrical systems serving municipal buildings, pump stations, wells, reservoirs, and related public works assets.

The City is soliciting proposals from qualified contractors to provide on-call utilities and electrical maintenance and repair services, which may include routine, emergency, and unanticipated work assignments under two distinct disciplines:

Discipline A Utilities Maintenance, Repair and Emergency Services Discipline B Electrical Maintenance, Repair and Emergency Services Proposers may submit qualifications for one or both disciplines. The City intends to award one or more on-call agreements with qualified contractors within each discipline to ensure adequate availability, specialized expertise, and timely response capability. Work may include routine maintenance, emergency repairs, and unforeseen infrastructure failures requiring immediate response. Contractors shall provide all labor, materials, tools, equipment, transportation, supervision, and incidentals necessary to complete assigned work.

The anticipated term of each agreement is three (3) years, with the option to extend for two (2) additional oneyear periods at the sole discretion of the City.

Due to the as-needed nature of these services, no minimum amount of work is guaranteed, even if awarded.

The scope, schedule, and cost for each requested task will be authorized on a task order basis. The City reserves the right to solicit competitive proposals among awarded contractors within a discipline or to separately bid any project at its discretion.

II. GENERAL REQUIREMENTS (APPLICABLE TO ALL DISCIPLINES) Licensing and Experience
proposing at the time of proposal submittal and must maintain the license in good standing for the duration of the Agreement.
4 All proposers shall demonstrate a minimum of ten (10) years of relevant maintenance and repair experience in the applicable discipline. Contractors must be registered with the Department of Industrial Relations (DIR) and must obtain and maintain a valid City of Seal Beach business license upon award.

Safety and Regulatory Compliance
All work performed under this contract shall comply with all applicable federal, state, and local laws, regulations, codes, and standards. This includes, but is not limited to, requirements established by:

Applicable American Public Works Association standards
Applicable American Water Works Association (AWWA) standards Applicable Building and Electrical Codes
California Division of Occupational Safety and Health (Cal-OSHA) California Manual on Uniform Traffic Control Devices (CA MUTCD) County of Orange standards
City of Seal Beach Cross-Connection Control Policy Handbook (CCCPH) standards City of Seal Beach Standard Plans and Specifications
Environmental and air quality regulations
Equipment manufacturer specifications
National Association of Sewer Service Companies (NASSCO) National Pollutant Discharge Elimination System (NPDES) Other Agencies Having Jurisdiction (AHJ)
Standard Specifications for Public Works Construction (Green Book, latest edition) Work Area Traffic Control Handbook (WATCH Manual)
The Contractor shall conduct all operations in a manner that provides maximum safety to the public, City personnel, and Contractor staff.

Service Response Requirements
The Contractor shall provide emergency response services when requested by the City. Emergency situations may include utility failures, electrical system failures, hazardous conditions, or other unforeseen infrastructure issues requiring immediate attention.

Unless otherwise directed by the City, the Contractor shall mobilize personnel and equipment within three (3) hours of notification for emergency service requests.

For non-emergency work assignments, the Contractor shall respond to City service requests within one (1) business day, unless otherwise directed by the City. The Contractor shall coordinate scheduling with the City to ensure timely completion of assigned tasks.

Compensation and Billing
Separate rate sheets shall be submitted for each discipline. Compensation shall be based on the approved rate sheet and negotiated task order pricing.

Labor charges shall apply to time spent performing work at the job site unless otherwise approved in writing.

Travel time is not compensable unless expressly authorized. Materials shall be reimbursed at actual documented cost plus a markup not to exceed fifteen percent (15%). Supporting documentation shall be provided with each invoice.
5 If the City determines that the Contractor has not satisfactorily performed the Work, payment may be withheld until the Work is completed to the satisfaction of the City. The City shall certify that the Work has been inspected and accepted prior to payment. The Contractor shall be responsible for timely payment of subcontractors, material suppliers, workers, and vendors.

Working Hours
Unless otherwise authorized by the City, work shall be performed during normal City business hours. Normal working hours for non-emergency work shall generally be between 7:30 a.m. and 5:30 p.m., Monday through Friday. Work performed outside of normal working hours, including nights, weekends, or holidays, may require approved rate schedule.

Except in documented emergencies involving immediate risk to public health, safety, or critical infrastructure, the Contractor must obtain prior approval from the City before commencing work outside of normal working hours.

Staffing and Crew Requirements
The Contractor shall maintain an adequate workforce to perform the services required under this Agreement.

Field work shall be performed by a crew consisting of at least two experienced and properly qualified employees unless otherwise approved by the City.

The Contractor shall ensure sufficient staffing is available to meet required emergency response timeframes.

Upon request, the Contractor shall provide a listing of employees assigned to a task order, including names, dates worked, and hours worked for each date.

Equipment Availability
The Contractor shall provide, with its Proposal, a list of equipment owned or otherwise immediately available for use in performing the Work. The Contractor shall ensure that all equipment is properly maintained, suitable for the intended work, and compliant with applicable safety regulations.

Subcontractors
If subcontractors are proposed, the Contractor shall include a list of subcontractors with the Proposal. The Contractor shall remain fully responsible for the performance, safety compliance, and legal compliance of all subcontractors.

The City reserves the right to request additional information or references for any proposed subcontractor.

Prevailing Wage Compliance
Work is subject to California prevailing wage requirements (see General Conditions).

Rates and Safety Equipment
All hourly rates and unit prices submitted shall be fully burdened and shall include supervision, overhead, profit, safety equipment, and all incidental costs necessary to complete the work.

For emergency work, hourly rates shall apply only to actual time spent performing work at the job site. Travel time shall not be compensable unless expressly authorized in writing by the City.

Site Investigation
Prior to the proposal due date, prospective Contractors may inspect City facilities and work locations to familiarize 6 themselves with site conditions. City representatives will be available to answer questions upon request.

III. DISCIPLINE A UTILITIES MAINTENANCE, REPAIR AND EMERGENCY SERVICES A. System Overview
system provides service to approximately 5,500 customers through approximately 68 miles of transmission and distribution pipeline ranging from 4 inches to 20 inches in diameter. Pipelines are constructed of cast iron, asbestos cement, PVC, reinforced concrete cylinder pipe, and cement mortar-lined and coated steel pipe. The water system also includes three (3) active wells, two (2) reservoirs, two (2) booster pump stations, and an imported water supply connection.

The wastewater collection system includes approximately 181,000 linear feet of gravity sewers, 15,000 linear feet of force mainlines, 780 manholes, and six (6) pump stations.

The storm water system includes approximately eight (8) miles of reinforced concrete pipelines, 230 catch basins, one (1) City-owned pump station, and related drainage infrastructure.

B. Contractor Qualifications and Licensing
Contractors proposing under this discipline must possess a valid California Class A (General Engineering) and/or C-34 (Pipeline) and C-42 (Sanitation System) issued by the Contractors State License Board at the time of proposal submittal and shall maintain the license for the duration of the Agreement.

C. Scope of Services
Under this discipline, the Contractor shall provide all labor, supervision, equipment, traffic control, materials, tools, safety equipment, and incidental work necessary to perform on-call maintenance and repair of water, wastewater, and stormwater infrastructure.

Work may include, but is not limited to, excavation and trenching, pavement removal and restoration, backfill and compaction, welding, removal and disposal of materials, traffic control implementation, and restoration of damaged improvements. Services may include installation, repair, and replacement of pipelines, valves, meters, vaults, manholes, pump station components, backflow devices, fire connections, catch basins, and related utility infrastructure.

Work may require temporary water service installation, sewer bypass pumping, dewatering, shoring, asbestos cement pipe handling and disposal, and regulatory compliance related to NPDES and other environmental requirements.

D. Construction and Field Requirements
Traffic Control
Traffic control shall be provided in accordance with the Special Provisions.

Protection of Existing Facilities and Property
7 The Contractor shall locate and protect all existing utilities, infrastructure, and adjacent public and private property during the performance of the Work. The Contractor shall coordinate with utility owners and comply with all utility notification requirements. Detailed requirements are provided in the Special Provisions.

Temporary Water Service
When maintenance or repair activities require interruption of existing water or sewer service, the Contractor shall provide, install, operate, and maintain temporary systems necessary to ensure continuity of service to affected customers. Temporary utility systems shall be installed and maintained in a safe and reliable manner and in compliance with applicable federal, state, and local regulations.

Where water service disruptions occur, the Contractor shall furnish and install temporary potable water service systems as necessary to maintain service, and shall comply with latest AWWA standards. Temporary systems may include above-ground piping, hoses, service connections, valves, and meters. All temporary water service systems shall be equipped with an approved backflow prevention device installed in accordance with the City Cross-Connection Control Policy Handbook (CCCPH) standards and applicable local regulations. Backflow prevention assemblies shall be properly installed and maintained for the duration of the temporary service to protect the potable water supply. All materials used for temporary water service shall be approved for potable water use and installed in a manner that protects the public and prevents damage from traffic or construction activities. Temporary water systems shall be properly secured, maintained throughout their use, and disinfected or flushed where required Utilities Division staff prior to being placed into service.

All temporary utility systems shall remain in service until permanent utilities have been restored. Upon completion of the work, the Contractor shall remove all temporary facilities and restore affected areas to their original or better condition.

Sanitary Sewer Overflow Prevention
Where sewer lines must be taken out of service, the Contractor shall provide temporary bypass pumping systems sufficient to maintain continuous wastewater conveyance and prevent sanitary sewer overflows.

Bypass systems shall be appropriately sized for anticipated flows and shall include pumps, piping, power supply, and backup equipment necessary to maintain uninterrupted operation. The Contractor shall monitor bypass systems during operation and respond promptly to any malfunction or failure. The Contractor shall maintain a minimum of one backup pump per operating pump, on site, throughout the duration of any sewage pumping procedure.

The Contractor shall be responsible for properly designing, installing, operating, and maintaining all temporary sewer bypass systems necessary to prevent sanitary sewer overflows during the performance of the Work.

The Contractor shall immediately notify the City of any bypass system failure, spill, or overflow condition. Any system shall be the responsibility of the Contractor, including all required containment, cleanup, reporting assistance, and restoration activities necessary to address the incident.

Shoring and Trench Safety
The Contractor shall provide all necessary trench protection systems, including shoring, shielding, sloping, or other protective measures, in accordance with applicable Cal-OSHA excavation safety regulations and all other relevant safety standards. Trench protection systems shall be designed, installed, maintained, and removed in accordance with regulatory requirements to ensure the safety of workers, the public, and adjacent improvements.
8 The Contractor shall be responsible for evaluating site conditions, including soil classification, groundwater conditions, trench depth, and surcharge loads, and selecting appropriate protective systems accordingly. All trenching and excavation operations shall comply with applicable safety regulations, and the Contractor shall ensure that excavation areas are properly secured and protected from hazards throughout the duration of the work.

Asbestos Cement Pipe
Existing utility infrastructure may include Asbestos Cement Pipe (ACP). When ACP is encountered, the Contractor shall perform all handling, removal, and disposal activities in accordance with applicable environmental and safety regulations. Personnel performing this work shall possess all required training and certifications.

Utility Damage Responsibility
The Contractor shall be responsible for any damage to existing utilities, facilities, or improvements resulting utility markings are approximate and are provided for informational purposes only. The Contractor shall verify utility locations as necessary and shall exercise due care during excavation and construction activities.

Any utilities, facilities, or improvements damaged by the Contractor shall be immediately reported to the City of the City and the utility owner.

Site Cleanup and Restoration
The Contractor shall maintain work areas in a clean, safe, and orderly condition at all times. Debris, excess materials, and waste generated during the Work shall be promptly removed and disposed of in accordance with applicable regulations.

Upon completion of the Work, the Contractor shall remove all equipment, temporary facilities, and construction materials from the site and shall restore all disturbed surfaces, including pavement, sidewalks, landscaping, and other improvements, to equal or better condition to the satisfaction of the City.

Stormwater Pollution Prevention
The Contractor shall comply with all applicable National Pollutant Discharge Elimination System (NPDES) stormwater regulations and permit requirements during the performance of the Work. The Contractor shall implement and maintain appropriate Best Management Practices (BMPs) to prevent sediment, debris, construction materials, and other pollutants from entering the storm drain system or nearby waterways. BMPs may include, but are not limited to, inlet protection, sediment control devices, spill prevention measures, proper material storage, and erosion control practices. The Contractor shall regularly inspect and maintain BMPs throughout the duration of the Work and shall promptly address any deficiencies or releases to ensure compliance with all applicable stormwater quality requirements.

IV. DISCIPLINE B ELECTRICAL MAINTENANCE AND REPAIR SERVICES A. Contractor Qualifications and Licensing
Contractors proposing under this discipline must possess a valid California Class A (General Engineering) and/or Class C-
9 B. Scope of Services
Under this discipline, the Contractor shall provide on-call electrical maintenance and repair services for municipal facilities and utility infrastructure, including wells, pump stations, lighting, and related infrastructure.

Services may include troubleshooting, repair, replacement, installation, testing, and inspection of electrical systems and components, including panels, controls, wiring, conduits, lighting systems, motors, pumps, transmission systems, and associated equipment necessary to maintain safe and reliable operations.

All electrical work shall comply with the National Electrical Code, California Electrical Code, Standard Specifications for Public Works Construction (latest edition), City standards and provisions, Caltrans Standard Specifications where applicable, and all Agencies Having Jurisdiction.

V. PRE-PROPOSAL QUESTIONS
For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact:

Sean Sabo
Management Analyst
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1431
The City will respond to all questions and requests for clarification received by April 13, 2026.

VI. SCHEDULE
The following dates reflect the anticipated schedule:

Request for Proposal Solicitation 3/31/2026
Pre-Proposal Question Deadline 4/28/2026
Proposal Submittal Deadline 5/6/2026, 2:00p.m.

Contractor Interviews (if conducted) May 2026
Contract Award by City Council June 2026
Notice to Proceed June 2026
VII. SUBMITTAL REQUIREMENTS
Acceptance of Submittals
Proposals are due by 2:00 PM on May 6, 2026 to the following. Postmarks will not be accepted.

Sean Sabo
Management Analyst
Department of Public Works
211 Eighth Street
10 Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1431
Please submit one (1) unbound original, two (2) bound hard copies, and one (1) electronic copy of the Contractor (s). Proposals received after the date and time listed above will not be accepted or considered for this Project.

Firms proposing to provide services in both disciplines (utilities and electrical) shall submit separate proposals for each discipline. Each proposal shall be complete and stand on its own, clearly identifying the applicable discipline.

There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded.

The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor.

All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City.

Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18).

Information to be Submitted
Maximum page limit: 35 pages per proposal.

The following information shall be provided, at a minimum:

Cover Letter
Table of Contents
Company Qualifications
Local Staffing List
Understanding/Approach
References
List of Subcontractors
Sample Letter Proposal
Cost Proposal
Exceptions
Business Entity
Contract Signatories

Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, clearly identify the discipline being applied for,
this RFP.

Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided.
11 Company Qualifications: Provide a summary of the Contractor experience.

Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub-Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the and the Contractor manager.

Understanding/Approach: Describe the Contractor Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project.

Any task assumptions and/or exclusions shall be clearly identified.

References: Contractor should provide a minimum of five (5) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum:

Agency name
Scope of work and/or services provided, prime/sub-Contractor.

Project outcome
Construction value
Dates
Client project manager name, valid telephone number, and email List of Subcontractors: Contractor will be required to provide a list of subcontractors that it intends to use. each subcontractor, at a minimum. Subcontractor must comply with all applicable licensing requirements.

Sample Letter Proposal: Contractor will be required to submit a sample letter proposal providing a template of how the Contractor intends to respond to each Work request.

Fee & Cost Proposal: Contractors shall submit a separate Cost Proposal for each discipline for which they are proposing services. Contractors may submit proposals for one or both disciplines; however, each discipline shall include its own complete Cost Proposal and rate schedule submitted as part of a standalone proposal.

Fee & Cost Proposal for Discipline X On-Call
(Utilities or Electrical) Maintenance, Repair and Emergency Services identify the applicable discipline (Discipline A Utilities Maintenance and Repair Services and/or Discipline B Electrical Maintenance and Repair Services).

The Cost Proposal shall include proposed labor classifications, hourly labor rates, and equipment rates, necessary to perform the services described in this Request for Proposals.

Contractors may include additional labor classifications or equipment rates beyond those identified in Exhibit A if necessary to support the proposed services. Any additional classifications or rates shall be clearly identified in the submitted rate schedule.

The Method of Payment of the Contract will be Time and Material. 12 Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm.

Business Entity:

Clearly indicate the
registration number for the prime/sub-Contractor, and provide the Contractor and subinformation.

Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313.

VIII. FEE AND COST PROPOSAL
In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following:

1. Compensation for services, and any optional tasks, provided will be on a time-and-materials.

2. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year.

3. -timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non-labor expenses and sub-Contractors. Any anticipated fee adjustments shall be clearly noted.

4. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor.

IX. INTERVIEW
Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from X. SELECTION PROCESS
Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation.
13 POTENTIAL EVALUATION CRITERIA

1. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration.

2. Qualifications & Experience (35 points)
a. Local Presence - respond in emergencies and
effectively conduct the .
b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub-Contractors to perform the work.
c. Quality of references from at least five (5) agencies the Contractor currently or have previously consulted for in the past five (5) years.

3. Organization & Approach (35 points)
a. requested Work.
b.
emergency and/or non-emergency Work.
c. services without the
compromise of quality, cost, and/or time.
d. -perform the requested Work, or form a quality sub-contracting team.
e. the nature of public sector work and its decision-making process.
f.

Maintenance Agreement.

4. Fee (30 points)
a. Fee & Cost proposal
b. Quality of sample letter proposal
The City reserves the right to determine whether or not a proposal meets the specifications and requirements requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non-emergency and pre-planned projects out for formal bidding.

All proposals received as specified will be evaluated by City staff in accordance with the abovementioned.

During the evaluation period, the City may do any or all of the following:
interviews with the top candidates; conduct onContractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations.
14 XI. SPECIAL PROVISIONS
(Applicable to All Disciplines Unless Otherwise Noted)

PERSONNEL
The Contractor shall furnish all labor necessary for the satisfactory performance of the Work described in this Agreement. All personnel assigned under this contract shall be properly trained, qualified, and experienced in performing the types of maintenance, repair, installation, inspection, and emergency response services required under this RFP.
a.

All employees shall adhere to professional standards of appearance and conduct while performing Work within the City. Personnel shall wear appropriate work attire and all personal protective equipment required by federal and state safety regulations. Clothing and gear shall be worn in accordance with applicable safety standards at all times.

The City reserves the right to require removal and replacement of any employee whose conduct, workmanship, or performance is deemed unsatisfactory, unsafe, or inconsistent with the requirements of this Agreement. b. Typical Tasks
Contractor personnel shall possess the necessary technical skills, certifications, and field experience to perform electrical, utility, and related maintenance and repair services as authorized under this Agreement. c. Licenses
At the time of proposal submittal and throughout the term of the Agreement, the Contractor shall possess and maintain all licenses required to perform the Work, including:
limited to:
o -
o - and,
Class - for utility maintenance and repair services;
and/or;
o
If selected, the Contractor shall maintain a valid City of Seal Beach business license for the duration of the Agreement.

All personnel operating vehicles or specialized equipment shall possess valid and appropriate California driver licenses and certifications as required by law.
d. Knowledge and Experience
of the electrical and/or utilities maintenance and repair industries, as applicable to the assigned Work. Personnel shall have sufficient experience to perform services safely, efficiently, and in full compliance with applicable codes, standards, and regulations.
15 EQUIPMENT
The Contractor shall furnish all equipment, tools, vehicles, materials, and incidentals necessary for the satisfactory performance of the Work.
a. Vehicle and Equipment Maintenance
All vehicles and equipment used in connection with this Agreement shall be maintained in safe, operable mechanical condition. Equipment shall comply with applicable safety regulations and shall be properly adjusted and maintained to ensure safe operation at all times.

The City reserves the right to prohibit the use of equipment deemed unsafe, improperly maintained, or unsuitable for the Work.
b. Storage of Equipment
The Contractor shall be responsible for providing appropriate storage facilities for equipment and materials.

Equipment shall not be stored within public rights-of-way or on City property without prior written authorization from the City.

SUPERVISION
The Contractor shall provide competent and continuous supervision of all Work performed under this Agreement.

A designated foreman or authorized representative shall oversee daily operations, ensure quality workmanship, maintain schedules, and ensure compliance with all safety, licensing, and contract requirements.

The designated supervisor shall:

Be available during active Work operations;
Serve as the primary point of contact for the City;
Coordinate scheduling and respond to service requests or complaints; and Ensure that all Work is performed in accordance with the Contract Documents.

Supervisory personnel shall have a minimum of five (5) years of relevant experience in electrical and/or utilities maintenance and repair, as applicable to the services being performed.

Failure to provide adequate supervision may result in corrective action, withholding of payment, or termination in accordance with the Agreement.

METHOD OF WORK
The Contractor shall furnish all labor, supervision, materials, tools, equipment, transportation, traffic control, Work shall be completed in place, in a professional and workmanlike manner, and in accordance with the Contract Documents.

The Contractor is solely responsible for means and methods of construction, maintenance, and repair operations, and shall perform all Work in a manner that ensures maximum safety to the public, City personnel, and Contractor staff.

All Work shall comply with all applicable federal, state, and local laws, regulations, codes, standards, and manufacturer specifications, including but not limited to Cal-OSHA requirements, applicable Building Codes, the 16 City of Seal Beach Municipal Code, and any Agency Having Jurisdiction (AHJ). Failure to comply may result in suspension of Work, termination of the Agreement, or other remedies available to the City.

The City reserves the right to stop Work, issue restraint or cease-and-desist orders, or require corrective action if unsafe practices, code violations, or contract noncompliance are observed.

The Contractor shall maintain all work sites in a safe condition and shall protect the Work until final acceptance by the City. Any hazardous or unsafe condition encountered that is not caused by the Contractor shall be immediately reported to the City in writing.

All debris, surplus materials, and waste shall be removed daily or as directed by the City and disposed of in accordance with applicable regulations. Upon completion, each site shall be left clean, safe, and in a presentable condition satisfactory to the City.

TRAFFIC CONTROL
The Contractor shall provide, install, and maintain all traffic control measures necessary to safely perform the Work and protect the public, workers, and adjacent properties. Traffic control shall be implemented in accordance with applicable City requirements and State standards, including the most current edition of the Work Area Traffic Control Handbook (WATCH Manual) and the California Manual on Uniform Traffic Control Devices (CA MUTCD), as applicable.

Traffic control measures may include, but are not limited to, signage, cones, barricades, delineators, temporary lane closures, flaggers, and pedestrian accommodations. The Contractor shall be responsible for maintaining traffic control devices in proper working condition for the duration of the Work and for adjusting traffic control as necessary to address changing site conditions and ensure safe passage for vehicles, bicyclists, and pedestrians.

Traffic control shall be implemented prior to commencement of Work and remain in place until completion and rates unless otherwise specified.

Failure to properly implement traffic control measures shall constitute grounds for immediate suspension of Work.

PROTECTION OF EXISTING FACILITIES AND PROPERTY
The Contractor shall contact DigAlert and obtain all required utility markings prior to commencing any excavation activities. The Contractor shall coordinate with all applicable utility owners to identify the location of existing underground and aboveground facilities and shall verify utility locations as necessary to safely perform the Work. The Contractor shall take all necessary precautions to avoid damage to existing utilities, structures, and improvements.

The Contractor shall also protect all public and private property not designated for removal or modification as part of the Work, including but not limited to utilities, streets, sidewalks, landscaping, irrigation systems, structures, and other improvement
repaired or restored to the satisfaction of the City and the property owner at no additional cost to the City. 17 Nothing contained herein shall be construed as granting the Contractor exclusive use or occupancy of any public right-of-way, street, easement, or City property. The Contractor shall conduct operations in a manner that minimizes interference with public travel, City operations, and adjacent property access, and shall maintain safe access for residents, businesses, and emergency services at all times.

COMMUNICATION AND EMERGENCY RESPONSE
The Contractor shall provide the City with emergency contact information for at least two (2) qualified representatives authorized to respond to emergency conditions at any time during the term of the Agreement.

During normal City business hours (7:30 A.M. to 5:30 P.M., Monday through Friday), the Contractor shall maintain personnel capable of directly responding to telephone and email inquiries. An answering service alone shall not satisfy this requirement.

For emergency requests, the Contractor shall mobilize and arrive on site within three (3) hours of notification unless otherwise directed by the City.

AUTHORIZATION OF WORK AND EMERGENCY RESPONSE
All work performed under this Agreement shall be on a task-by-task basis and requires written authorization from the City prior to commencement, except in documented emergency situations. When requested by the City, the Contractor shall submit a written proposal describing the proposed scope of work, estimated labor hours, required materials and equipment, and anticipated schedule. The City reserves the right to review, negotiate, and approve the scope and pricing before issuing written authorization or a Notice to Proceed. The Contractor shall perform only the work authorized, and any work performed without City authorization shall be at the In situations where immediate action is necessary to protect public health, safety, or critical infrastructure, the City may authorize the Contractor to proceed with emergency work without a prior written task order. In such cases, the Contractor shall perform the work on a time-and-materials basis in accordance with the approved rate schedule and shall provide detailed documentation of labor, equipment, and materials used. All emergency work shall be executed safely, efficiently, and in compliance with applicable laws, codes, and regulations.

This Agreement provides on-call services on an as-needed basis, and the City does not guarantee any minimum amount of work. The Contractor shall have no claim against the City for anticipated profits, overhead, mobilization, standby costs, or other damages

PROGRESS OF WORK
Time is of the essence. The Contractor shall prosecute the Work diligently and in an orderly manner and shall minimize service interruptions to the greatest extent feasible. Work at each location shall be completed prior to moving to another site unless otherwise approved by the City. Failure to make satisfactory progress may result in written notice to cure, withholding of payment, or termination.

CHANGES AND EXTRA WORK
The City reserves the right to modify, increase, decrease, or omit portions of the Work as deemed necessary.

Such modifications shall not invalidate the Agreement. Extra Work shall not be performed without prior written authorization, except where immediate action is necessary to protect public health or safety. 18 If unit prices are not applicable, compensation for Extra Work shall be based on actual labor costs, verified material costs, and a markup not to exceed fifteen percent (15%), unless otherwise negotiated and approved in writing by the City. All time-and-materials work shall include a written not-to-exceed amount.

INSPECTION AND ACCEPTANCE
All Work is subject to inspection by the City. Acceptance shall occur only after the City determines that the Work complies fully with the Contract Documents.

Acceptance of Work does not relieve the Contractor of responsibility for defective or nonconforming Work discovered within the applicable warranty or statutory period.

RECORDS, INVOICING, AND PAYMENT
Payment is subject to inspection and acceptance by the City. Contractors shall maintain detailed records of work performed, including dates, locations, quantities, and descriptions of services, and shall submit completed task documentation with each invoice.

The Contractor shall maintain complete and accurate records of all Work performed, including location, description, labor hours, materials, equipment used, and dates of service.

Signed Task Orders shall accompany each invoice. The Contractor shall retain all records for the duration of the Agreement and for three (3) years following its termination.

If deficiencies are identified, the Contractor shall correct them within twenty-four (24) hours of written notice unless otherwise directed by the City. Failure to correct deficiencies may result in withholding of payment, back charges, or other remedies available under the Agreement.

INSURANCE AND LICENSING
Prior to commencement of any work, the Contractor shall provide proof of insurance coverage in the types and insurance.

The Contractor shall maintain all required contractor licenses in good standing and shall obtain and maintain a valid City business license for the duration of the Agreement.

XII. GENERAL CONDITIONS
A. Signature
The Proposal shall be signed by an individual authorized to bind the Contractor.

B. Other Considerations:

The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP.
19 The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding to this RFP.

C. Business License Required
The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov.

D. Prevailing Wage
All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq.

Contractor agrees that all public work (as defined in California Labor Code section (1720) performed Labor Code sections 1770 et seq. City makes no representation or statement that the project or any In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or Contractor to pay not less
than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the bid proposal.
20 EXHIBIT A

FEE & COST PROPOSALS
21 FEE & COST PROPOSAL FOR DISCIPLINE A

ON-CALL UTILITIES MAINTENANCE, REPAIR AND EMERGENCY SERVICES (additional labor/material rates may be added as a separate attachment) MOBILIZATION COST (Normal Working Hours)
/TASK ORDER
MOBILIZATION COST (Non-Working Hours)
/TASK ORDER
MINIMUM CALL OUT (in dollars or hours, if applicable)

EQUIPMENT
NO. DESCRIPTION

UNIT OF

MEASURE UNIT PRICE DESCRIPTION
E1 Pick-Up Truck HOUR $
E2 Crew Truck HOUR $
E3 Flatbed Truck HOUR $
E4 Bed Trailer HOUR $
E5 Bobcat HOUR $
E6 Small Excavator HOUR $
E7 Medium Excavator HOUR $
22 E8 Large Excavator HOUR $
E9 Backhoe HOUR $
E10 Dump Truck/Super 10 HOUR $
E11 Truck and Pup HOUR $
E12 Water Truck HOUR $
E13 Vactor Truck HOUR $
E14 Sweeper HOUR $
E15 Wheel Loader HOUR $
E16 Skip Loader HOUR $
E17 Air Compressor w/Jack
Hammer HOUR $
E18 Hydraulic Breaker HOUR $
E19 Asphalt Paver HOUR $
E20 Concrete Mixer HOUR $
E21 Concrete Saw HOUR $
E22 Compaction Wheel HOUR $
E23 Wacker HOUR $
23 E24 Vibratory Compactor HOUR $
E25 Generator HOUR $
LABOR
NO. DESCRIPTION

STANDARD OVERTIME DOUBLE TIME
L1 Superintendent $ $ $
L2 Project Manager $ $ $
L3 Foreman/Operator $ $ $
L4 Foreman/Laborer $ $ $
L5 Operator $ $ $
L6 Laborer $ $ $
L7 Welder $ $ $
L8 Teamster $ $ $
L9 Pipelayer $ $ $

ADJUSTMENTS
Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 24 FEE & COST PROPOSAL FOR DISCIPLINE B

ON-CALL ELECTRICAL MAINTENANCE, REPAIR AND EMERGENCY SERVICES (additional labor/equipment/material rates may be added/clarified with a separate attachment) MOBILIZATION COST (Normal Working Hours)
/TASK ORDER
MOBILIZATION COST (Non-Working Hours)
/TASK ORDER
MINIMUM CALL OUT (in dollars or hours, if applicable)
LABOR
NO. DESCRIPTION

STANDARD OVERTIME DOUBLE TIME
L1 Electrician $ $ $
L2 Journeyman $ $ $
L3 Helper/Apprentice
(non-Journeyman)
$ $ $
L4
L5
L6
L7
25 EQUIPMENT
NO. DESCRIPTION UNIT PRICE
E1 Truck $
E2 Trailer $
E3 Power Generator $
E4 Forklift $
E5 $

ADJUSTMENTS
Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 26 EXHIBIT B

SAMPLE CONTRACT

MAINTENANCE SERVICES AGREEMENT
for
On-Call (Utilities or Electrical) Maintenance and Repair Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
<Contractor Name>
<Address>
<City, State, Zip Code>
<Phone Number>
This Maintenance Services <DATE> (the
<CONTRACTOR LEGAL NAME> Contractor
<TYPE OF LEGAL ENTITY AND STATE OF FORMATION (e.g., a California corporation, partnership, limited liability company, sole proprietorship, etc.)> and 2 of 19

RECITALS
A. City desires certain on-call emergency and unexpected task (utilities or electrical) maintenance and repair services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on <DATE>, titled -Call Utilities and Electrical Maintenance, Repair and Emergency Contractor submitted a proposal dated <DATE> in response to the RFP.

C. Contractor represents that the principal members of its firm are qualified California licensed contractors <License #XXXXX, DIR XXXXXXX> and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Strictly on an on-call basis, Contractor shall provide those (utilities or electrical) maintenance and related repair in
the Request for Proposals attached hereto as Exhibit A
Proposal attached hereto as Exhibit B, and incorporated herein by this reference.

To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder.

1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake 3 of 19
the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor
and professional manner, and Contractor and Contractor
Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor work by the City shall not operate as a release of Contractor from such standard of care and workmanship.

1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years
expire at midnight on <DATE>, unless sooner terminated or extended as provided by this Agreement.

2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up two additional terms one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from <DATE> through and including <DATE>, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from <DATE> through and including <DATE>, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and

3.0 Contractor

3.1. In consideration the Services set
forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not-to-exceed amount of $_____ (____ dollars and 00/100) <TOTAL CONTRACT AMOUNT> for the <Original> Term.

3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in 4 of 19
Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the <Original> Term.

3.3. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, i
performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-to-exceed amount of $____________ (_______ dollars) <MAXIMUM DOLLAR AMOUNT PAYABLE FOR EACH EXTENDED TERM> for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award.

4.0 Method of Payment

4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.

4.2. Upon 24-hour notice from City, Contractor
agents or representatives to inspect at Contractor
business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor
under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.

5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives
5 of 19

6.1. Agreement.

6.2. <NAME> is the Contractor's primary representative for purposes of this Agreement. <NAME> shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: <Contractor>
<Address>
City, State, Zip Code>
Attn: <Contractor Representative>

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Contractor and all of Contractor shall obtain
and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor personnel under Contractor supervision. Contractor will determine the means, methods, and details by which Contractor employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work 6 of 19
performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Contractor personnel performing any
of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor not supervise any of employees supervise Contractor
personnel. Contractor
badge, identification number, or other information identifying such individual as an employee of City; and Contractor -mail
address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor
review plans on file at City, pick up or deliver any work product related to Contractor any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor personnel in connection with their performance of any Services under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all 7 of 19
liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor . or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor
shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall ,
commencing at Government Code § 20000, as amended by the Public the regulations of
PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor ny provisions of this Section 10.0. This duty of indemnification is in addition to Contractor
harmless as set forth in any other provision of this Agreement. Contractor indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Contractor covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information & developed or
8 of 19
received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court Contractor gives City notice of
such court order or subpoena.

11.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor
or mean the right by City to control, direct or rewrite the response.

11.3. Contractor s under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents Data &
Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Contractor shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written 9 of 19
Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a Data & Documents is violating federal, state or
local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors.

14.0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this assignment
hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
10 of 19

15.0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.

17.0 Insurance

17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or 11 of 19
other form with a 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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..

17.2.3. Insurance in the amount required
for bodily injury or disease;

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, 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 Contractor or for which the Contractor is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior 12 of 19
written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor expense, the premium thereon. Contractor shall promptly reimburse 13 of 19
City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on All certificates and endorsements
shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor full performance of Contractor o indemnify City under Section 18.0.

17.13. Broader Coverage/Higher Limits. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Contractor .

18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as in
this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of any nature whatsoever, in 14 of 19
law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the Liabilities
alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities
Contractor shall
reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor
subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor
the legal liability thereof) in the performance of this Agreement, including the Liabilities arising from the
sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.3. Not Limiting. Contractor
indemnification obligations under this Section, or any other provision of this mpensation
act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.
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18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.5. Survival of Terms. Contractor indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination Equal Employment Opportunity
Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be -insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, Contractor
shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

22.0 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 16 of 19
agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California 17 of 19
Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor
ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Contractor shall review of Contractor plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any 18 of 19
retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.

30.0 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 Services beyond the current fiscal year, this Agreement shall cover payment for Contractor 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.

31.0 Mutual Cooperation

31.1. . City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor

31.2. Contractor . In the event any claim or action is
brought against City relating to Contractor
under this Agreement, Contractor shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' 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 therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
19 of 19
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.
20 of 20
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Patrick Gallegos, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Nicholas Ghirelli, City Attorney
CONTRACTOR: <Contractor>, a
<INSERT TYPE OF ENTITY (e.g., a
California corporation>
By: __________________________
Name: __
Its:

By: __________________________
Name: ___
Its:
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

EXHIBIT A
Request for Proposals
for
On-Call (Utilities or Electrical) Maintenance and Repair Services

EXHIBIT B
s Proposal

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the Contractor acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by Contractor shall comply with and be bound by
all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor
compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.

10. Contractor
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before

12. For every subcontractor who will perform work on the project, Contractor shall be Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor
officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment duties of Contractor under this Section shall survive the termination of the Agreement.

EXHIBIT B
Contractor’s Proposal
Request for Proposals for
On-Call Utilities and Electrical Maintenance,
Repair and Emergency Services
Discipline A – Utilities Maintenance, Repair and Emergency Services Submitted by:

W.A. Rasic Construction Company, Inc.
4150 Long Beach Blvd., Long Beach, CA 90807
Phone: (562) 928-6111| Fax: (562) 928-7339
Contact: Shane Sato – Division Manager
Email: [email protected]
RFP Submission Date:
2:00 P.M., May 6, 2026
ATTN: Sean Sabo, Management Analyst
4150 Long Beach Boulevard, Long Beach, CA 90807 • 562-928-6111 • fax: 562-928-7339 • www.warasic.com State Contractor’s License #A368761 • DIR Registration No. 1000000649 May 06, 2026
City of Seal Beach
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
Attention: Mr. Sean Sabo, Management Analyst
Reference: On-Call Utilities and Electrical Maintenance, Repair, and Emergency Services Subject: Cover Letter
Dear Mr. Sabo,
W. A. Rasic Construction Company, Inc. (“W.A. Rasic Construction”), a California Corporation, with a 48-year track record of successful project delivery, is capable and committed to providing the appropriate resources required to make the On Call Construction Contract for Abalone Cove Sanitary Sewer Rehabilitation Services Program a success. Our strong qualification for this project is based, in part, on our experience, which includes constructing some of the most difficult projects in California, extensive and wide-ranging underground expertise in sewer and treatment facilities, and the experience of providing emergency services to a large number of utility providers in Southern California.

W. A. Rasic Construction will provide the following distinct and unique benefits to the City of Seal Beach, Department of Public Works:
◼ Ability to quickly mobilize equipment and personnel resources appropriate to handle emergency projects of any nature
◼ Partnerships with key suppliers and subcontractors to make critical material and specialty services available to our emergency crews on a 24/7 basis
◼ Large fleet of owned equipment compliant with the most stringent emissions standards in the country
◼ A commitment of all team members to provide the depth and quality of personal and financial resources, and personal involvement as necessary to successfully deliver this project W.A. Rasic Construction has extensive emergency sewer work experience from working on various On Call Emergency Utility Programs. We are aware of the variety and nature of the emergencies faced.

We also know that many of the emergencies can require a large workforce with multiple shift changes in remote locations. W.A. Construction is one of the few contractors in Southern California that can respond to these resource intense requirements at any time, meeting all of your needs.

May 06, 2026

Reference: On-Call Utilities and Electrical Maintenance, Repair, and Emergency Services Subject: Cover Letter
In addition, we will provide the City of Seal Beach with an extremely well rounded and qualified team, composed of dedicated and experienced team members. W.A. Rasic Construction has performed numerous projects for the City of Seal Beach, with many being emergency responses, to the satisfaction of the City. One of the core functions of the Select Division of the company is emergency and on-call response to water and wastewater municipalities, companies, and districts throughout Southern California. Our project team and field personnel are extremely familiar with emergency and on-call response work and will apply that expertise to our services to the City of Seal Beach.

Herein you will find our response to the Request for Proposals per the outline described in the bid documents and containing all information requested. It will demonstrate that W.A. Rasic meets and exceeds all of the requirements of the City.

I am confident the experience, energy, enthusiasm, and desire of our team to manage your emergency and on-call needs with your firm is evident in the contents of this qualification submittal.

I shall serve as the Project Principal and for all correspondence related to this project, please contact me as follows:
562-928-6111 (Corporate Office)
310-864-0278 (Cell phone)
[email protected] (email)
Our team looks forward to your favorable consideration of our prequalification submittal and the opportunity of working with the City of Palos Verdes on this challenging project.

Very truly yours,
W.A. Rasic Construction Company, Inc.

Shane K. Sato
Division Manager
City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

Table of Contents

1. Company Qualifications – Page 5

2. Local Staffing List – Page 9

3. Understanding / Approach – Page 12

4. References – Page 19

5. List of Subcontractors – Page 21

6. Sample Letter Proposal – Page 22

7. Cost Proposal – Page 24

8. Exceptions – Page 28

9. Business Entity – Page 29

10. DIR Registration Number / Contractor’s License – Page 29

11. Contract Signatories – Page 30
4 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

1. Company Qualifications
Since its inception in 1978 W.A. Rasic Construction Company, Inc. has focused primarily on constructing public works sewer, storm drain, and water projects throughout Southern California. With a focus on quality and forming long-term relationships, W.A. Rasic Construction continues to secure and successfully complete some of the more difficult projects in both the public works and private sector, even in this challenged economic environment.

W.A. Rasic Construction performs millions of dollars of emergency work for over 30 clients and is one of the main core businesses of the Select Division, one of four divisions of the company.

W. A. Rasic employs only skilled union labor, resulting in work being performed faster, safer, and with a high degree of quality. We currently employ over 400 skilled professionals. We are on the on-call list for so many entities because we have a demonstrated track record of response, thoroughness, and quality of work. W.A. Rasic Construction has in-depth knowledge of the area and can offer competitive total project costs because of our skill level and familiarity with the work.

W.A. Rasic Construction owns a very large and diverse equipment fleet. Because of our yard location and full-time staff, we can normally respond within two hours of receiving an emergency call, with most being responded within an hour. We have fully equipped emergency response trailers that the foremen can quickly attach to that will provide the majority of equipment and tools necessary to complete the repairs.

W.A. Rasic Construction is also set up for after-hours emergencies. We maintain a list of employees who have made themselves available for such work and maintain emergency numbers for our key waterworks suppliers that can also make materials available 24 hours a day. Our response time for after-hours emergency work is typically within two hours. W.A.

Rasic Construction’s corporate office, containing all of its project management, engineering, and administration staff, is located in the City of Long Beach, just a short distance from the City of Buena Park. This will allow us to quickly get management to the site to evaluate and assist in any emergency or to meet the City’s staff to look at work in the field for upcoming tasks.

In its long history W.A. Rasic has never failed to complete a project. Considering that we target the most difficult projects in the Western States, we believe that this is a testament to our staff’s dedication and ability to deliver projects regardless of difficulty.

W.A. Rasic Construction is one of the largest privately held utility and heavy civil contractors in the Western States. We are currently ranked #13 nationwide in utility construction by ENR. 5 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

Constructing a wide range of projects, varying in size from $5,000.00 to $100,000,000.00 under a multitude of delivery methods, W.A. Rasic Construction stands out as a truly diverse civil company focused on safety, quality, teamwork, and developing long-lasting client relations.

Our capabilities include:
 Water
 Wastewater
 Oil & Gas
 Power & Communications
 Storm Drain
 Concrete Facilities
 Mechanical Piping
 Tunneling
 Rail
 Design-Build
 Emergency Response
 Shoring
 Dewatering
 Demolition & Recycling
We proudly stand as one of the few
contractors with the flexibility, diversity
and capability to span the full spectrum of
civil construction.

Our corporate headquarters is located in
Long Beach, California, with two primary
staging locations for our equipment fleet in
Southern California: our five-acre
operations facility located in Bell Gardens,
and our five-acre Perris facility. These two
primary equipment facilities allow W.A.

Rasic Construction to house and maintain a
large fleet of equipment.
6 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

W.A. Rasic Construction has performed multiple projects for the City of Seal Beach including emergency response for water and sewer system breaks. We are familiar with the City’s staff, requirements, conditions, and expectations and believe we can continue our track record of service with participation in this on-call program.

W.A. Rasic Construction’s smallest project for 2025 was $1,023. Its largest under construction is over $100M. We approach every project the same with focus on quality, safety, and timeliness. This is how we have built our reputation and obtained so many on-call contracts based on our demonstrated history.

W.A. Rasic Construction has a company-owned equipment fleet valued in millions of dollars.

Attached is a rough summary of owned equipment available to service the City of Seal Beach for work.
7 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services
W.A. Rasic Construction Equipment List
Quantity Description of Equipment
58 Air compressors 185 CFM
52 Arrow boards / message boards
8 Asphalt rollers
2 Asphalt/Concrete Crusher
62 Backhoes
32 Compactors (Ride on and Wheel)
22 Equipment Trailers (40k)
42 Excavators (size ranges from 7,575 LBS to 238,100 LBS) 11 Forklifts (standard & telescoping)
82 Generators (size ranges from 5KW to 70KW)
10 Hydraulic breakers (size ranges from 1,000 LBS to 14,000 LBS) 28 Light Towers
18 Loaders, skid steers, skip loaders
3 Motor Graders
18 Office Trailers
3 Paving Machine
2 Pile driver ABI
1 Portable Batch Plant
80 Pumps (size ranges from 2” to 12”)
4 Screens
110 Service trucks / pick-up trucks

7.3+ million lbs. Shoring steel (I beam, plates, sheet pile, etc.) 12 Soil compactors (range from 24” wide to 84” wide)
12 Sweeper/Broom
600+ Traffic Plates
1 Trenchers
52 Trucks (10 Wheelers, flatbeds, end dumps, off-road haulers) 1 Vactor Trucks
6 Vent blowers (12,000 CFM)
4 Water Tower (12,000 Gallon)
5 Water trucks (size ranges from 2,500 gallon to 4,000
60 Welders 200 amp to 500 amp
* Please note that this list is not a complete list of all company owned equipment but rather a list of equipment that is applicable to this contract. Complete equipment inventory can be provided upon request.
8 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

2. Local Staffing List
W.A. Rasic Construction’s corporate headquarters is located in Long Beach, California, with primary staging location for our equipment fleet at our five-acre operations facility located in Bell Gardens. This equipment facility allows W.A. Rasic Construction to house and maintain a large fleet of equipment ranging from Super-10 Dumps, Heavy Trucks, Trailers, and Backhoes to Graders, Hydraulic Breakers, Loaders, and Excavators that range in size from 7,500 lbs to over 200,000 lbs. W.A. Rasic Construction owns one of the most comprehensive fleets, giving us the capability to successful construct virtually any civil piping project.

W.A. Rasic Construction employs over 450 skilled employees in the Southern California area performing over 1,000 projects a year. There are always multiple crews within a two (2) hour drive to the City of Seal Beach. Our corporate office is in Long Beach, only minutes away from the City of Seal Beach. Project management and field engineers are stationed there so we can have management onsite within a short period of time during the day and not much more at night.

W.A. Rasic Construction plans to self-perform the majority of the work awarded. If there comes a time where we have to hire a Subcontractor for a specific scope, we will forward the necessary information to the Agency.

Possible subcontractor trades may include sawcutting, linestops, chlorination, asphalt paving (larger areas), vacuum trucks, CCTV, and pipe jetting. Each on-call/emergency is different and it is not possible to identify subcontractors ahead of time. Our normal sawcutting and core drilling subcontractor is Tom Grbavac & Sons, Inc. who is proudly based out of the City of Seal Beach.

W.A. Rasic Construction utilizes all union-signatory field staff and subcontractors. This assures us a large pool of trained and skilled talent at all times. This also assures the city that prevailing wages will be paid as the local unions’ wage scales all match the state and county prevailing wage structures.

Our staff is well-versed in the requirements of working in coastal environments as we provide similar services for the City of Long Beach, County of Los Angeles Public Works, California Water Company, and others all operating next to the ocean and coastal areas. W.A. Rasic Construction performs well over $100 million a year in Public Works projects for various entities in Southern California so are very familiar with the requirements of public works contracting, rules, regulations, and standards. We have performed well over a thousand projects involving water, sewer, and storm drainage and are one of the most experienced in the state. 9 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services
Below is an organizational chart showing some of the team members that would be involved with on-call work for the City of Seal Beach.

Shane Sato, Division Manager – BS/Civil Engineering/University of Hawaii at Manoa, 1996. Over 27 years of experience, ranging from pipelines and plants, to heavy civil, highway infrastructure, and underground utilities. In addition to managing the work he is knowledgeable in managing labor forces, risk, maintenance programs, insurance, right-of-way acquisition, public relations, and scheduling. He has served as Project Manager, Superintendent, Project Engineer, and Estimator for projects ranging from $1,000 repairs to $1.75 billion design-build efforts.

Engineer in Training (EIT), Southern California Water Utilities Association member, STSC, and State of California SWRCB Water Distribution Operator Grade D2 certification.

Richard Sahagun, Safety Director – Over 21 years of experience in the pipeline/civil construction industry. He has over 8 years of experience in safety coordination/management in multiple projects at a time. His expertise includes projects for oil, gas, water, wastewater, and underground utilities industries. He coordinates and provides the training for all field personnel as required by State and Federal Laws. In conjunction with his staff of safety professionals performs site safety audits, writes Site Specific Safety Plans, reviews, and conducts safety stand down, tailgate and JHA meetings to ensure full compliance with client requirements and as directed by law. Please see resume below for a listing of memberships and certifications. 10 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services
Matthew Metoyer, Estimating Manager – Over 20 years’ experience in the pipeline industry through all facets of a project from bidding to building. Worked on many high-profile projects in Southern California from the Automated People Mover project at LAX to Intuit Dome (LA Clippers Arena) and has experience across all types of both wet & dry underground utilities.

Steve Tamer, Project Manager – Over 15 years of experience as a project manager and project engineer with a record of success overseeing all phases of multimillion-dollar construction, infra-structure and environmental projects for government and private-sector clients.

Manuel Cristobal, Project Manager - Over 12 years of experience as a project manager, utilizing skills required to plan, schedule and coordinate activities for multiple projects running concurrently. Manuel has experience in allocating labor and equipment resources to ensure projects continue moving forward and remain on schedule.

Andy Nemes, Project Engineer - BS/Industrial Engineering/University of Mississippi St. Industrial Engineer with experience as a Project Engineer on projects up to 2.6 billion dollars. Experience in subcontractor management, field engineering, mechanical testing, start-up and commissioning.

Robert Beyer, Project Engineer - Over 5 years of experience as a project engineer, utilizing skills required to track and coordinate activities for utility projects, managing pay applications, RFIs, and Change Orders.

Robert Fraijo, Superintendent – Over 35 years in the construction industry. Bob is a construction superintendent overseeing numerous types of construction activities. His specialties include above ground mechanical piping projects, such as gas lines, steel piping, and double containment PVC chemical lines.

Bryan Kier, Superintendent – Over 23 years of civil construction experience in the pipeline industry has allowed him to coordinate effectively with multiple municipalities. Safety Trained Supervisor Construction (STSC).

Humberto Bobadilla – Superintendent – Over 33 years of experience in underground utility and pipeline work including trenching, excavation, trenchless installation, and rehabilitation of wet and dry utilities. Skilled in managing public works contracts ranging from $100K to over $15 million.

All of the key personnel listed above are more than capable of performing all the tasks that W.A. Rasic Construction will be self-performing for this contract and safely delivering a highquality project on schedule and on budget. All are familiar with on-call and emergency work.

Once we receive a task order, we will assign the key personnel based on current availability, ensuring that the City of Seal Beach is provided with a top-tier management team for the project.

Negotiation of the contract with the City of Seal Beach would be W.A. Rasic Construction’s president, Peter L. Rasic. Other signatories include Walter A. Rasic, Jr., Secretary/Treasurer. 11 City of Seal Beach
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3. Understanding/Approach
It is our understanding that this contract encompasses both on-call work and emergency response for the City of Seal Beach’s waterline and sewer system. The ultimate goal and responsibility of the City of Seal Beach is to ensure a reliable, sanitary, and aesthetically pleasing drinking water supply and reliable sewer service to all of its residences, as well as maintain the public drainage systems. This goal is put in jeopardy when a break or blockage occurs in the distribution or treatment systems.

When a line break occurs, it has adverse effects on the surrounding area (street, parkway, etc.) and may pose an immediate safety risk to motorists, pedestrians, and structures. In addition, a water line break can disrupt the delivery of water and provide a gateway for pathogens and bacteria harmful to human health to enter the drinking water supply. A sewage break can disrupt services to customers, cause backup into homes/buildings, and discharge sewage into public right of ways, water bodies, and drainage systems. Storm Drain system issues can cause street flooding, sinkholes, and other related hazards. During a break or issue the City requires a reliable contactor that can respond timely to assist the City in the repairs. W.A. Rasic maintains constant work around the Seal Beach area. We are based in Long Beach and can have crews and equipment within a short span of time. In addition, W.A. Rasic maintains relationships with at least three (3) water works suppliers that are local and provide us with 24-hour emergency response for critical materials. We are always able to obtain the necessary parts required to perform the majority of repairs. The immediate goal will be to ensure the safety of the public and set up traffic control and other area controls. Then we will call in emergency USA and begin the excavation down to the affected system and find the source of the problem. Repair couplings, pipe replacements, etc. will then be installed. The restoration work can then proceed.

In addition to emergency response the City has many needs to maintain the system such that an emergency does not happen. These maintenance items are typically identified by the City’s system personnel and marked for work. If the City cannot keep up with the maintenance list then they can call their on-call contractor to schedule the work to be done during normal working hours, providing for the most economical method to accomplish the work. A work order is typically provided to the on-call contractor, USA called, and the work scheduled. Such items typically include valve replacements, service line replacements, additional service lines, additional fire hydrants, valve can replacements, storm drain cleaning, sewer camera and jetting, and other such work.

The goal of the on-call contractor is to maximize the City’s use of available funds by performing the on-call work in the most safe and economical manner possible, thereby ensuring that more maintenance and repair work can be performed for its customers.

The RFQ documents require emergency response within four (4) hours. W.A. Rasic Construction is typically onsite within two (2) hours on most emergencies. 12 City of Seal Beach
Request for Proposals for On-Call Utilities And
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The following represents a plan and schedule for a possible after-hours major waterline emergency scenario. It conveys a plan and timetable for repair.

The City calls the contractor at 11:30 pm to report a domestic water line failure. A 20-inch steel concrete mortar lined and coated, high pressure water main has ruptured. It has a minimum six-foot cover and is on a city arterial street. The street is buckled and raised six inches (25 feet in each direction). City staff has isolated the main line. Once exposed, you discovered that the weld joint was corroded and a 6” gash was detected.

ASSUMPTIONS
1) The line is single-exterior welded lap joint steel pipe of standard gauge thickness. 2) The City has emergency staff available and onsite for coordination of City services and inspection.
3) The break is not in an environmentally sensitive area. 4) Due to emergency nature the Contractor may work under the City’s discharge and other permits.
5) Ground is sound Class B material.
6) City emergency personnel have set up emergency road/lane closures for public safety. 7) Because the line has “ruptured” and heaved a 50-foot radius of roadway it is assumed that the “gash” discovered later (as described in the scenario) is a tear of significant size that would allow contaminants into the line.
11:30 PM – Call received by emergency contact.
11:35 PM – Division Manager contacted.
11:40 PM – Division Manager on phone with superintendent and foremen to direct them to begin contacting and mobilizing key personnel and equipment. Besides the superintendent and foreman, a minimum of an operator, two laborers, and one truck driver will be contacted.
12:30 AM – Manager onsite to assess situation. Calls superintendent to adjust equipment and personnel needed. Based on the site assessment the following is ordered to be immediately mobilized:

Superintendent Pickup Truck Traffic Delineators
Foreman Service Truck Fully Tooled Light Towers
Operator Grade 8 Backhoe w/ Wheel Pumps
Laborer Class 4 Pipelayer Chopsaw Speed shores & Plywood Laborer Class 1 Wacker/Jumping Jack 1 load cr. rock from yard Laborer Class 1 Air compressor & breakers Rigging
Truck Driver Grade 5 Flatbed Dump w/ Trailer Skiploader Welder/Pipefitter Welding Rig w/
consumables
Roller
Mortar mixer
13 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services
If traffic control is needed, arrow boards and signs will be added to the list. 11:40 PM – 1:00 AM – Crew picking up materials and equipment at Yard facility and mobilizing to jobsite. Emergency dig alert called. Rental yard emergency contacts called and resources mobilized to supplement. Sawcutter called out to site. 1:00 AM – 1:30 AM – Crew onsite & safety meeting held. Asphalt removal begins for affected area and excavation begins. Asphalt and excavated materials are stockpiled until dumps open.
1:30AM - 2:30 AM – Trench is excavated and top section of pipe exposed. The gash is discovered on the weld joint. Dewatering pumps are set up to dewater trench, and the top of the pipe is cut to lower a pump in to dewater the pipeline. For expediency filter bags at the end of the discharge lines are utilized to trap all sediment. Calls are made to emergency contact of waterworks supplier in the area. An 18” long buttstrap with handhole for a 20” steel pipe will be ordered. Two 2” weld-o-lets are also ordered. These are not normally stock items, and it is assumed that it will take some time to obtain. Bags of mortar are ordered.
2:30 AM – 3:00 AM – Trench and pipeline is dewatered and excavation lowered to two feet below the bottom of the pipe.
3:00 AM – 3:30 AM – Affected portion of the pipeline is cut out and removed. Pipe openings are protected.
3:30 AM – 7 AM – It is assumed that the city has determined the buckled section of the roadway can be repaired by removing the top 3-feet of material and re-compacting it. This effort begins with the backhoe excavating and stockpiling and the skip loader stockpiling the material to the side. After excavation the material will be placed back in lifts, graded with the skiploader, and compacted utilizing the roller and wackers. Rental dump trucks are called in to haul out excess materials.
7 AM – Load out and the disposal of the asphalt, wet material, and excess materials begin.

They backhauled class 2 base to backfill the trench and rebuild the road section. 7 AM – 8:30 AM – As much Class 2 base material is placed as is possible to the trench lines.

Remaining base material is stockpiled to replace the trench area. An asphalt company and striping company are contacted to schedule emergency work in the afternoon. 8:30 AM – Personnel are replaced if available with fresh individuals. 8:30 AM – Delivery of pipe repair materials received. Chlorination company called for emergency chlorination and asked to schedule at noon.
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Request for Proposals for On-Call Utilities And
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8:30 AM – 10:30 AM – The buttstrap is fitted and welded using exterior fillet welds (2 total).

It is assumed that the inspectors visual weld inspection is sufficient for the emergency repair. The interior of the buttstraps is mortared through the handhole, the handhole plug inserted, and the plug welded with a seal weld. The exterior has a diaper placed and filled with mortar.
10:30 AM – 11: 00 AM – Place crushed rock or sand around the pipe and compact under haunches and to one foot over the pipe.
11:00 AM – 12:00 PM – Backfill the remainder of the trench with class 2 aggregate base.

Because the line is a domestic water line and it ruptured below ground, we must assume that the pipeline section has been contaminated by soil and materials. The two 2-inch weld-o-lets are placed at each end of the affected section of the line. Temporary water is utilized from a hydrant with appropriate backflow device. The line is flushed. 12:00 PM – 1:00 PM – The line is chlorinated, dechlorinated, and flushed. 1:00 PM – 4:00 PM – Once the inspector has bought off on the base course temporary asphalt will be placed for the City’s asphalt contractor. 4:00 PM – 4:30 PM – Traffic control will be picked up and opened up to traffic.

Note: If the inspector determines that the line has not been contaminated then the flushing and chlorination portion of the above scenario can be eliminated. This could be accomplished by keeping positive pressure in the line until the excavation is complete below the pipeline but is difficult.

A typical response to a sewer main break would be similar but may also involve unique services such as sewer bypassing by pump systems or vacuum trucks, CCTV, and pipeline jetting. A typical response to storm drain systems would also be similar in methodology but do not involve positive pressure on the street.

An emergency response for storm drain is normally a sinkhole development due to a broken gravity drain line. Response would include traffic control, excavation to the break, repair, and backfill and street restoration. This would be followed by cleaning of the drain line.

W.A. Rasic Construction performs a variety of on-call tasks to many agencies. To give a more comprehensive list of possible tasks that may occur on your system we offer the following examples that may be beyond your current contemplation:

Mechanical Systems – Our focus and experience in mechanical systems is in the piping portion of the work. We have performed numerous projects involving mechanical piping, ranging from 15 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services
the removal, replacement, or new construction of truck fueling racks to hot and chilled water hydronic piping, to double containment PVC chemical lines. For the more specialized portions of this work (HVAC units, clarifier components, etc.) we will be teaming with a qualified subcontractor to complete the work. The project manager will communicate with the subcontractor at the start of the work to ensure the subcontractor fully understands the scope of work. We will hold the subcontractor to the same safety standards we hold our own crews to. We will be continually overseeing the work performed by subcontractors to ensure the project is completed correctly and on schedule. Examples of this work can be found via reference listed for Inland Empire Utilities Agency, where we have worked extensively on their mechanical piping, including water, gas, sewer, recycled, chemical, and other piping systems at numerous plants. We have also worked on their large fine screens for treatment, tepid-water emergency eye wash systems, etc.

Piping Systems – All piping system work will be performed by W.A. Rasic Construction. Our management and field personnel have significant experience with the excavation, shoring, and backfilling of pipe trenches, replacing buried valves, setting up and maintaining bypass systems, installing, repairing, and replacing piping for sewer, water, and storm drain systems. We have also performed numerous projects involving the installation of compressed air, gas, and double containment chemical piping. Examples of this work can be found via reference listed for Inland Empire Utilities Agency, where we have worked extensively on their mechanical piping, including water, gas, sewer, recycled, chemical, and other piping systems at numerous plants.

Electrical & Instrumentation Systems – Involving electrical and instrumentation systems, W.A.

Rasic will be utilizing the services of a qualified subcontractor to perform the work. We will communicate at the start of the project to ensure the subcontractor fully understands the scope of work. We will hold the subcontractor to the same safety standards we hold our own crews to and will be continually overseeing the work performed by subcontractors to ensure the project is completed correctly and on schedule. Examples of this work can also again be referenced through our contact at Inland Empire Utilities Agency where we have performed numerous projects involving new electrical and instrumentation systems, including PLCs, VFDs, Switchgear, Pumps, SCADA programming, etc.

Structural Repairs & Replacements – W.A. Rasic Construction would be performing the placement of concrete. This work will be done by our experienced union carpenters and cement masons. For structural items, such as beams, wood framing, masonry, platforms, and brickwork, we will be utilizing the services of a qualified subcontractor to perform the work.

We will communicate at the start of the project to ensure the subcontractor fully understands the scope of work. We will hold the subcontractor to the same safety standards we hold our own crews to and we will be continually overseeing the work performed by subcontractors to ensure the project is completed correctly and on schedule. We routinely do various concrete vaults, such as recently at CSUSB where we installed a new hydronic system with large vaults.

We also oversaw construction of a brick sewer manhole over a sewer line in a difficult area for City of Seal Beach under on-call contract.
16 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services
Yard/Site Work Repairs & Replacements – Over the course of W.A. Rasic Construction’s history, many of our projects have involved the removal and replacement of asphalt and concrete paving, concrete sidewalks/driveways, concrete curb & gutters, and drainage systems. It is this experience that will allow us to provide these services to the City of Seal Beach. Our crews are well versed in patch paving operations, including base course, sub-base, and cap paving. We will also be teaming with various subcontractors, overseeing their work and providing our support to help accomplish any other repair or replacement that may occur. As always, we will be continually overseeing the work performed by subcontractors to ensure the project is completed correctly and on schedule.

Contaminated Soil Remediation Services/Remediation Services – W.A. Rasic Construction will be hiring an experienced soil remediation specialist to perform a preliminary risk analysis and then create a remediation plan. For contaminated soil, we will be using our own equipment to load the soil into dump trucks to be hauled away to the proper facilities. For any lead-based paint, asbestos roofing tiles, or similar items, we will hire a properly licensed hazardous materials remediation company to haul away and properly dispose of. We will ensure all documentation is properly filled out and maintained for record keeping purposes.

Chemical Systems – For this component of the work, W.A. Rasic Construction will have the various required components fabricated and sent to the site. We would install the piping and containment systems, tanks, concrete pads, and any other large pieces of equipment ourselves.

We would subcontract to qualified electricians for the instrumentation and control systems.

We would also hire a qualified chemical system consultant to ensure the system is installed correctly and to perform the field testing. We recently constructed a new large hypochlorite treatment facility at Inland Empire Utilities Agency’s RP-4 plant site, involving two (2) 10,000- gallon tanks for sodium hypochlorite, 7 peristaltic pumps, and a network of PVC tubing in CPVC containment piping throughout the plant to deliver the disinfectant to the various treatment areas.

Landscaping – For this portion of the work, W.A. Rasic Construction will be subcontracting all work with exception of minor plant and grass restoration in resident’s yards. We will be working closely with all subcontractors, lending our assistance where necessary. Over the course of the work, we will be making sure they follow our safety guidelines, ensuring the project runs safely and on schedule. We recently self-performed the landscape improvements around the guard shack we remodeled at your facility.

Signs & Related Systems – For numerous projects we have completed, we have had to provide custom signs for the work. These signs range from temporary warning signs to post construction direction signs. For this contract, we would have any signs that were required fabricated. Our crew would then install the signs in the correct location per the sign’s intent.

Miscellaneous Services – W.A. Rasic Construction will be using our own forces along with various subcontractors to perform miscellaneous services for the City of Seal Beach. As a team, the services we are able to provide are almost limitless. We are able to provide traffic control, 17 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services
demo, backhoe/excavator services, shoring design and implementation, installation of underground structures, design and implementation of bypass systems, and numerous other services. For any task that we are unable to perform, we can team with a subcontractor and provide management for them to perform just about any task that the City of Seal Beach will need to be completed.

Confined Space – Whenever a project occurs that requires a confined space entry, W.A. Rasic Construction is prepared. Our foremen and workers are trained in confined space entry and rescue. First, a confined space permit will be kept at the entrance to the space, listing the air meter readings, authorized entrants, description of work, and date. Air readings will be taken before entry, and continually when workers are in the confined space. The entrant will be wearing a properly fitted and adjusted full body harness, attached to a tripod and winch located outside the confined space. There will be a full-time attendant standing by monitoring the entrant. If at any time the attendant loses consciousness, the attendant will use the winch to remove them, and once clear of the space, assess the worker’s condition and alert emergency personnel if required.
18 City of Seal Beach
Request for Proposals for On-Call Utilities And
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4. References
W.A. Rasic Construction Company performs on-call and emergency responses to many agencies and entities similar to the work contemplated on this contract. W.A. Rasic Construction is an established leader in Emergency Response and is a core business of the Select Division of the company. We respond to all emergency callouts on a 365 day a year, 24-hour basis. We have responded to thousands of on-call projects throughout the history of the company. Below are descriptions with contact referencesfor verification for similar on-call work performed for the past five (5) years:

Orange County Water District – Emergency On-Call and Minor Work Orders Perform emergency response to water main breaks on various OCWD pipe systems, minor repair and adjustments on valve boxes, monitoring wells, enclosure boxes, etc.

Contact: Ben Smith | 714-378-3211 | [email protected] or John Bonsangue | 714-378-3353 Inland Empire Utilities Agency – Emergency On-Call and Minor Work Perform emergency response to recycled water and primary sewer piping and facilities. Price and perform contract work up to $2M on piping or facilities.

Contact: James Spears | 909-993-1851 | [email protected] City of Glendale – Emergency On-Call Sewer and Storm Drain Perform emergency response to storm drain and sewer system throughout service area and other related work on as-needed basis.

Contact: Armen Avazian | 818-937-8246 | [email protected] Liberty Utilities Agency – Emergency On-Call and Minor Work Perform emergency response to domestic water distribution system throughout service area and other related work on as-needed basis.

Contact: Armando Gonzalez | 562-805-2080 | [email protected] California Water Service Company – Master Contractor Program Perform all water main and service installations in the East Los Angeles service area. Handle all emergency water main breaks and repairs, along with other work on as-needed basis.

Contact: Jim Crawford | 323-722-8601 | [email protected] Sunny Slope Water Company – Emergency On-Call and Minor Work Perform all water main installation, service installations, emergency response, and other minor work on as-needed basis.

Contact: Troy Holland | 626-287-5238 | [email protected] Rowland Water District – Emergency On-Call
Perform emergency response to domestic water distribution system throughout service area and other related work on as-needed basis.

Contact: Keith Fouts | 562-690-7145 | [email protected]
19 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services
Other agencies we have contracts for on-call emergency work (not full list):

City of Anaheim City of Chino Hills City of Corona
City of Cerritos City of South Gate City of Buena Park
Port of Long Beach City of Chino City of Pico Rivera
Rowland Water District City of Signal Hill City of L.A. Dept. Gen Svcs.

Orange County San. Dist. Mesa Water District Orange County Water Dist.

County of Los Angeles Public Works (Water and Sewer/Storm) East Orange County Water We have many more private clients that we perform on-call and emergency work for. This list is confidential and can be discussed in a closed-door meeting.

As you can see from our client list, W.A. Rasic Construction has vast experience in on-call and emergency work. We typically have at least one (1) crew on on-call or emergency work every day of the year. We have responded to emergencies on Christmas, Thanksgiving, and about every holiday. We have responded to emergencies as small as a 1” service line to pipe > 40” and 30-feet deep. We treat every emergency the same, as priority one. We have asbestos pipe trained workers, confined space competent people, competent people in trench shoring and excavation, etc.
20 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

5. List of Subcontractors
W.A. Rasic Construction utilizes only subcontractors we are familiar with and can provide services at the level of quality and safety that we hold ourselves to. For an emergency on-call contract it is difficult to anticipate everything that may happen. However, we would normally utilize the services of these quality subcontractors for possible sewer related work. 21 City of Seal Beach
Request for Proposals for On-Call Utilities And
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6. Sample Letter Proposal
See Attached Sample Letter Proposal.
22 4150 Long Beach Boulevard, Long Beach, CA 90807 • 562-928-6111 • fax: 562-928-7339 • www.warasic.com State Contractor’s License #A368761 • DIR Registration No. 1000000649 May 06, 2026
City of Seal Beach
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
Attention: _______________
Reference: On-Call Utilities and Electrical Maintenance, Repair, and Emergency Services Subject: Proposal for On-Call Task Order #______
Dear Mr./Mrs./Ms. _____________,
W.A. Rasic Construction Company, Inc. (“W.A. Rasic” or “WAR”) is in receipt of your task order for the replacement of a 6” fire hydrant on XXX Taper Drive. W.A. Rasic anticipates a cost of approximately $11,000 for the work involving the removal and replacement of the leaking fire hydrant piping and replacement with a new short-side fire hydrant run. Final billing shall be time and materials submitted based on verified hours and pricing per the Contract.

The work will involve sawcutting of the asphalt street and sawcutting of the sidewalk panel. We will request that the City turn off its valve and the crew will excavate and remove the existing system. We will install new DIP, FH Bury, and FH system, backfill, restore the asphalt paving, and replace the concrete sidewalk panel under WATCH manual traffic control as applicable.

We estimate that the work will take a total of two (2) days to complete with a 3-person crew consisting of an operator foreman, Pipelayer, and working truck driver. Equipment will include a walk behind saw, service truck, flatbed dump truck and equipment trailer, backhoe, air compressor and jackhammer, cut-off saw, jumping jack, and vibraplate. Materials anticipated to be utilized are the waterworks materials, sand, aggregate base, asphalt base and cap, and concrete. Other anticipated costs are dump fees for the demolition and dirt spoils. 48-hours will be required to call in a USA ticket unless the situation increases to an emergency. Upon your acceptance of this proposal we will proceed with the work.

Sincerely,
W.A. Rasic Construction Company, Inc.

Shane K. Sato
Division Manager

SAMPLE PROPOSAL LETTER
23 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

7. Cost Proposal
See Attached Cost Proposal.
24 FEE & COST PROPOSAL FOR DISCIPLINE A

ON-CALL UTILITIES MAINTENANCE, REPAIR AND EMERGENCY SERVICES (additional labor/material rates may be added as a separate attachment) MOBILIZATION COST (Normal Working Hours)
MOBILIZATION COST (Non-Working Hours)
MINIMUM CALL OUT (in dollars or hours, if applicable)

EQUIPMENT
NO. DESCRIPTION

UNIT OF

MEASURE UNIT PRICE DESCRIPTION
E1 Pick-Up Truck HOUR $42.00 Ford F-150
E2 Crew Truck HOUR $58.00 Ford F-550
E3 Flatbed Truck HOUR $50.00 Stake bed 11’-16'
E4 Bed Trailer HOUR $50.00 Big Tex
E5 Bobcat HOUR $70.00 CAT D2/D3
E6 Small Excavator HOUR $50.00 CAT 303E
E7 Medium Excavator HOUR $130.00 CAT 320CLU
/TASK ORDER
/TASK ORDER
25 2 Crew Hours if work is canceled, 4 Crew Hours
if any work is performed as mandated by unions. $500.00 $1,000.00 E8 Large Excavator HOUR $255.00 CAT 330EL
E9 Backhoe HOUR $90.00 CAT 430 F2
E10 Dump Truck/Super 10 HOUR $100.00 Super 10 10CY
E11 Truck and Pup HOUR $100.00 Super 10 10CY
E12 Water Truck HOUR $63.00 2000 Gallon
E13 Vactor Truck HOUR $350.00 800 Gallon
E14 Sweeper HOUR $60.00 Broce Broom
(not vacuum)
E15 Wheel Loader HOUR $105.00 John Deere 544J

E16 Skip Loader HOUR $90.00 John Deere 210 LE
E17 Air Compressor w/Jack
Hammer HOUR $35.00 185 CFM/ 49HP
E18 Hydraulic Breaker HOUR $50.00 1,000lb for backhoe
E19 Asphalt Paver HOUR $225.00 Weiler P385
E20 Concrete Mixer HOUR $11.25 1/3 CY Capacity
E21 Concrete Saw HOUR $60.00 - $9.38 Walk Behind Saw
Cut-off Saw
E22 Compaction Wheel HOUR $10.00 Wheel for Backhoes
E23 Wacker HOUR $13.75 Jumping Jack
26 E24 Vibratory Compactor HOUR $13.75 Vibra Plate 24"
(walk behind)
E25 Generator HOUR $10.00 Portable Generator
LABOR
NO. DESCRIPTION

STANDARD OVERTIME DOUBLE TIME
L1 Superintendent $195.91 $252.85 $310.10
L2 Project Manager $173.24 $235.40 $295.72
L3 Foreman/Operator $149.69 $199.20 $249.03
L4 Foreman/Laborer $114.79 $151.24 $188.01
L5 Operator $146.70 $194.77 $243.17
L6 Laborer $107.84 $140.95 $174.38
L7 Welder $144.08 $196.26 $245.53
L8 Teamster $115.80 $147.92 $179.42
L9 Pipelayer $111.80 $146.81 $182.15

ADJUSTMENTS
Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 27 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

8. Exceptions
No exceptions taken.
28 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

9. Business Entity

10. DIR Registration / Contractor’s License
Company Name: W.A. Rasic Construction Company, Inc.

Address: 4150 Long Beach Blvd., Long Beach, CA 90807
Telephone Number: (562) 928-6111
Fax: (562) 928-7339
Type of Entity: A California Corporation
DBE Status: None
License # 368761
Classification: A, C34
DIR# 1000000649
City License #: 10071
Years in Business: 48 Years
Owners: Peter L. Rasic- President
Franky A. Rasic- Vice President
Walter A. Rasic, Jr.- Vice President/Secretary/Treasurer 29 City of Seal Beach
Request for Proposals for On-Call Utilities And
Electrical Maintenance, Repair and Emergency Services

11. Contract Signatories
Peter L. Rasic- President
Walter A. Rasic, Jr.- Vice President/Secretary/Treasurer 30 31
33OWNER/AGENCY LOCATION DATE CONTRACT

PROJECT NAME COMPLETED AMOUNT NAME PHONE
California Water Service Company Dec-24 Jim Crawford (323) 816-5857 UPRR Water Main Replacement [email protected]
California Water Service Company Dec-24 Jim Crawford (323) 816-5857 Via Corona Water Main Replacement [email protected] California Water Service Company Oct-24 Jim Crawford (323) 816-5857 Gerhart Water Main Replacement [email protected]
Rowland Water District Industry, CA Aug-23 $2,191,164 Allen Davidson (714) 262-3428 Colima Widening Waterline Replacement [email protected] California American Water Company Bellflower, CA Dec-24 $3,924,888 Mark Duchesne (916) 342-9801 Bellflower Water Main Replacement - P2 - System 5 [email protected] Liberty Utilities Compton, CA Feb-24 $2,000,000 Armando Gonazles (562) 805-2080 Stockwell Street Ph 2 Main Replacement [email protected] City of Glendale Glendale, CA Oct-22 $4,139,430 Kevin Runzer (818) 551-6910 Pipeline Management Program 2021 [email protected] Los Angeles Dept of Water and Power Los Angeles, CA Apr-22 $3,283,457 Eugene Niyazov (310) 255-7884 Landmark Water Main Improvement [email protected] Installed 2,235 LF of 12” DIP, the renewal of 22 1" domestic services, installation of an 8” fire service, 13 mainline tie-ins, concrete sidewalk and gutter restorations, and approximately 12,500 SF of asphalt paving restoration. This work was completed in 26 working days as fast tracked job asked by the customer.

Installed 1,500 LF of 6" C-900 pipe down multiple neighborhood streets that included 68 1" domestic services, multiple complicated tie-ins, valves, concrete sidewalk and gutter restorations, and approximately 4,500 SF of asphalt paving restoration.

PROJECT REFERENCES

CONTACT
Since 1978, W.A. Rasic Construction has the ability to construct a wide range of projects both in terms of size and type. From $5,000 utility installations to multi-million dollar pipeline projects, W.A. Rasic Construction has constructed some of the most difficult civil construction projects in the Western United States. Our capabilities include Water / Wastewater (Transmission / Distribution / Treatment) Pipelines, Storm Drainage, Concrete Facilities, Dry Utilities (communication / electrical), Mechanical Piping, Petroleum Systems, Demolition and Crushing, Inspection Services, Design-Build Projects, Extensive Shoring, and Emergency Response Services. We proudly stand as one of the few contractors with the flexibility, diversity, and capability to span the full spectrum of civil construction. While self-performing over 1,000 contracts yearly, W.A. Rasic Construction has listed below some of our signature projects that represent over 400 million dollars in project references. For additional project references, please contact W.A. Rasic Construction or visit our website at www.warasic.com.

Installed 3,400 LF new water mains, 6", 8" & 12" Earthquake Resistant Ductile Iron Pipe . Including (11) Fire Hydrants, (68) water meter services, (18) 2" blow offs , and (22) gate valves. Abandonment of existing mainline pipe and services. Sidewalk repair, 1.5" AC grind and cap of new trenches.

Design-Build pipeline replacement project that included installation of approximately 11,300 LF of new 8" DIP on 12 different waterlines, valves, fire hydrants, blow odd assemblies, and hundreds of domestic service laterals throughout the City of Glendale.

Design-Build pipeline replacement project that included installation of approximately 11,300 LF of new 8" DIP on 12 different waterlines, valves, fire hydrants, blow odd assemblies, and hundreds of domestic service laterals throughout the City of Glendale.

Installed 8,250 LF of 8" DIP on multiple streets including: 165 1" domestic services, 8 fire hydrants, 8 blow-off assemblies, 3 air vac assemblies, 8" flowmeter, 8" PRV, vaults, valves, and approximately 109,000 SF of asphalt concrete restoration.

Installed 5,725 LF of 12" DIP on extremely busy arterial street (Colima Rd.), including: 18 fire hydrants, 4 4" fire services, 19 1"-2" domestic water services, 2 2" blow-offs, 7 1"-2" air releases, concrete sidewalk restorations, and approximately 25,500 SF of asphalt paving restoration.

Installed 1,770 LF of 8" C-900 pipe down a crowded street (Gerhart) that included 1 fire hydrant, 60 1" domestic services with the long side services spanning 100 LF, 3 2" domestic services, valves, concrete sidewalk and gutter restorations, and approximately 15,000 SF of asphalt paving restoration.
32 OWNER/AGENCY LOCATION DATE CONTRACT

PROJECT NAME COMPLETED AMOUNT NAME PHONE

CONTACT
Los Angeles Dept of Water and Power Los Angeles International Airport Mar-22 $6,985,480 Jeremy Pace (213) 925-0615 Arbor Vitae 34.5 KV Power Ductbank [email protected] Los Angeles County Sanitation District Carson Jan-22 $737,832 Tim Nguyen (323) 267-2700 48" RCP Emergency Sewer & Sinkhole Repair [email protected] County of Los Angeles - ISD Sep-21 $5,263,568 David Kim (626) 934-1112 X351 - Sheriff - CJC - Detention & Admin. Replace Main Utility Line [email protected] Los Angeles Dept of Water and Power Los Angeles International Airport Aug-21 $6,049,297 Kevin Del Toro (714) 305-8831 Century Trunk Line Unit 1 Phase 3 [email protected] Los Angeles Dept of Water and Power Los Angeles Jan-21 $1,565,922 Gene Hong (213) 367-1757 DWP Sewer Relocation & House Connection Remodeling for Coronado Trunk Line [email protected] California Water Service Co. East Los Angeles Dec-20 $2,379,014 Jim Crawford (323) 816-5857 Telegraph and Gaspar Main Line [email protected]
Eastern Municipal Water District Temecula, CA Sep-20 $9,534,000 Scott M. Lopian, CCM (951) 928-3777 Temecula Valley Recycled Water Pipeline [email protected] x 4833 Union Pacific Railroad (Ragnar Benson) Los Angeles, CA Jul-20 $15,309,123 Tyson Payne, UP Supervisor (402) 544-3000 LATC Intermodal Facility Modernization [email protected]
Metro Gold Line Foothill Extension Construction Authority Glendora/ San Dimas/ La Verne, CA Sep-18 $2,328,141 Mitchell S. Purcell (626) 305-7035 Metro Gold Line Foothill Extension Construction Authority- Utility Relocation Project [email protected] New underground utilities for site including water, sewer, storm drain, and Gas. Installation of approximately 17,000 feet of HDPE and RCP storm drain ranging from 60” to 12” diameter coupled with nearly 100 MH Structures, 42,000 feet of 8” PVC rail road track underdrain, installation of an 800,000 CF underground precast storm drain structure and applicable substructures, modification and expansion of existing 8” industrial waste system, the installation of over 2,000 feet of 8” PVC gravity sewer line, roughly 15,000 feet of 4” and 8” domestic water and fire water systems with appurtenances, and the installation of a 3” compressed air system totaling 8500 feet. Utility scope performed as a sub, working with Prime, Ragnar Benson LLC (dba Structors, Inc.) for the project owner Union Pacific Rail Road. WAR utility work performed under 8 Phases, prior to installation of Ragnar Benson site work and Union Pacific Rail Replacement.

Install 11,700 total feet of fused HDPE fire water, domestic water, and natural gas lines, ranging in sizes from 14" to 1.5" for a working sheriff station and detention facility. Tied in new lines to housing and administration buildings while maintaining facility operation 24/7.

Temecula Valley Recycled Water Pipeline(TVRWP) consisted of 15,800 linear feet of 36” Cement mortar lined and coated steel pipe, 8 inline 36” butterfly valves with appurtenances, removal/ replacement of 100 linear feet of 24” CMLC pipe and complete asphalt/concrete restoration. The TVRWP connection was required within the EMWD reclaimed water facility to an existing 48” Reclaimed line. Extensive dewatering and coordination was required to alleviate impacts to a critical water distribution facility.

Relocate existing 8-inch sewer main on Robinson Street from station 1+00.00 to station 4+18.04. Remodel 13 house connections within the sewer main limits, and remodel 10 house connections outside the sewer main limits.

California Water Service upgraded approximately 2,998 LF of 12" mainline, 760 LF of 8" mainline, and 209 LF of 6" Ductile Iron pipe. This project consisted of approximately 760'LF of CL&C steel pipe installed for vertical offsets and Ten 6" Fire Hydrant upgrades along Telegraph road. Complete asphalt and concrete restorations atop of all 3,967'LF of pipe installed. Slurry seal on Gaspar Dr. that was requested additionally by owner. Multiple coordination efforts with various city and private entities to complete the project on Telegraph containing multiple Freeway on-ramps and off-ramps.

Protect in place existing water and sewer lines by utilizing a split steel casing and pouring concrete encasements. Work within SCRRA rail corridor with deep shored excavations or within road ROW. Installation of a new LACSD manhole at 20+ feet deep along Arrow Hwy was another scope of work. Permitting and inspection were the most challenging aspects of the project. Permits were required by SCRRA, City of Glendora, City of San Dimas, and City of La Verne. Inspections were done by the permit authorities and in addition Gold Line Authority, LACSD and GSWC also had fulltime inspection.

Century Trunk Line Unit 1 Phase 3 consists of installation for 3150 LF of 48" Kubota Earthquake Resistant Ductile Iron Pipe (ERDIP). Project was located within the new Los Angeles International Airport Rent a Car Facility. Additional work included 4 maintenance access holes, specialized training and connections onto phase 2 of the LADWP unit 1 project.

Emergency repair of 48" Trunk Sewer line that collapsed adjacent to existing building, approximately 20' deep. Repaired by sliplining with 42" FRP pipe under bypass.

Provide permanent power from LADWP to the new consolidated rent a car facility at Los Angeles International Airport. The project consisted of 57,000 LF of 4"/5"/6" conduits along with 10 large LADWP vaults. In addition, a 185 LF 48" bore and jack was required to tunnel under the new Metro Crenshaw rail lines. 33 OWNER/AGENCY LOCATION DATE CONTRACT

PROJECT NAME COMPLETED AMOUNT NAME PHONE

CONTACT
INLAND EMPIRE UTILITIES AGENCY Rancho Cucamonga, CA Nov-18 $1,936,000 Adham Almasri, P.E. (909) 993-1462 RP-4 Disinfection Facility Improvements EN1418 [email protected] CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO San Bernardino, CA Sep-18 $7,910,000 Christopher Myers (949) 648-3466 Central Utility Plant (CUP) & Site Utilities Upgrades [email protected] LOS ANGELES DEPARTMENT OF WATER & POWER North Hollywood, CA Aug-18 $91,222,752 Ali Sabouni, P.E. (213) 367-2637 River Supply Conduit Units 5 & 6 [email protected]
Inside a wasterwater treatment plant, this project consisted of constructing concrete containment basins with pads for two 10,000 gallon NaOCI tanks and the buried conveyance tubing inside CPVC conduit and design build of the seven peristaltic pumps manifold. Also, included Installation of controls, shade structure, electrical and demolition of the abandoned system. Site improvements included road grading and paving for access roads to existing structures. A key component of this project was the SCADA integration into the new system.

The installation of 5,400 lf of 78" diameter welded steel pipe by open cut utilizing solid sheeting shoring and 10,300 lf of 11' diameter LOVAT Tunnel Boring machine.

This project involves the upgrades of underground utilities throughout the Cal State San Bernardino campus. The project included furnishing and installing 910 linear feet of 12" fused HDPE chilled and 6" welded steel hot water supply and return lines, installing a 16' x 14' x 10' deep cast in place mechanical vault, 5,860 linear feet of fused MDPE natural gas distribution piping ranging from 1" to 6" diameter, 1,500 linear feet of new 8" and 12" potable domestic water lines, 1,800 linear feet of fused HDPE gravity sewer lines, sizes ranging from 6" to 10", and 900 linear feet of 30" and 18" RCP storm drain lines. The project also included the fabrication and installation of steel hydronic piping in underground vaults and tunnels, 13 new above ground gas meter/regulator assemblies, installation and replacement of 38 underground water valves, ranging from 6" to 12", installation of 8 reduced flow backflow preventers size 6" and 10", and included extensive traffic & pedestrian control measures, as well as signigicant restoration of related pavement and surface features.
34 EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.

10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

MAINTENANCE SERVICES AGREEMENT
for
On-Call Electrical Maintenance, Repair and
Emergency/Unexpected Task Services
between

City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Amtek Construction
946 North Lemon Street
Orange, California 92867
(562) 696-7111
This Maintenance Services Agreement (“the Agreement”) is made as of June 22, 2026 (the “Effective Date”), by and between Amtek Construction (“Contractor”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain on-call electrical maintenance, repair and emergency/ unexpected task services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals (“RFP”) on April 1, 2026, titled “On-Call Utilities and Electrical Maintenance, Repair and Emergency/Unexpected Task Services.” Contractor submitted a proposal dated May 6, 2026, in response to the RFP.

C. Contractor represents that the principal members of its firm are qualified California licensed contractors (License #490382, DIR 1000009822) and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Strictly on an on-call basis, Contractor shall provide those electrical maintenance, repair and emergency/unexpected task services (collectively “Services”) in the Request for Proposals attached hereto as Exhibit A, Contractor’s Proposal attached hereto as Exhibit B, and Terms for Compliance with California Labor Law Requirements (Exhibit C), all incorporated herein by this reference. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder.

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) Exhibit A (the Request for Proposal) (“RFP”), including all attachments and exhibits thereto; (iii) Exhibit B (Contractor’s accepted proposal, “Proposal”); and (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements). Exhibits A, B, and C are incorporated herein by this reference as though set forth in full.
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1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or other incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A (the RFP); and then (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit B (Proposal). In the event there is any conflict between the Agreement, on the one hand, and any of the Exhibits, the RFP or the Proposal on the other hand, the Agreement shall govern.

1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Contractor, and Contractor’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor’s staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Contractor’s work by City shall not operate as a release of Contractor from such standard of care and workmanship.

1.4. Compliance with Laws. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.

1.5. Additional Services. Contractor will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on June 30, 2029, unless sooner terminated or extended as provided by this Agreement.

2.2. Extensions. City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up two additional terms of one year each (“extension”), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by City, the first extension shall have a term extending from July 1, 2029, through and including June 30, 2030, unless sooner terminated or extended pursuant to this Agreement. If timely elected by City, the second extension shall be from July 1, 2030, through and including June 30, 2031, unless sooner 4 of 23
terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor’s authorized representatives.

3.0 Contractor’s Compensation

3.1. Original Term. In consideration of Contractor’s performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not-to-exceed amount of $300,000 (Three Hundred Thousand dollars and 00/100) for the Original Term.

3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

3.3. Extensions. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, in consideration of Contractor’s performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-to-exceed amount of $100,000 (One Hundred Thousand dollars) for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award.

4.0 Method of Payment
Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.

5.0 Termination

5.1. Termination by City.

5.1.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5 of 23

5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

5.2. Termination by Contractor. This Agreement may be terminated by Contractor based on reasonable cause, by serving written notice of termination to City, provided that Contractor has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement immediately upon the effective termination date set forth in the notice of termination. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Contractor is not then in breach, City shall pay Contractor all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Contractor. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

6.1. The City Manager is City’s representative for purposes of this Agreement.

6.2. Alan Sayce is the Contractor's primary representative for purposes of this Agreement. Alan Sayce shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices
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7.3. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: Amtek Construction
946 North Lemon Street
Orange, California 92867
Telephone: (562) 696-7111
Email: [email protected]
Attn: Alan Sayce

7.4. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Contractor and all of Contractor’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor’s employees or other personnel under Contractor’s supervision. Contractor will determine the means, methods, and details by which Contractor’s employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Contractor’s employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as 7 of 23
an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of any Services under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Contractor shall defend, indemnify and hold harmless City and its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor’s 8 of 23
covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), as amended from time to time. and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. To the maximum extent permitted by law, Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Ownership of Work Product

11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, or used by Contractor in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, 9 of 23
shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

11.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1.

11.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
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12.0 Confidentiality

12.1. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Contractor covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Contractor for performance of this Agreement are confidential unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such Work Product, or other data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the geographical boundaries of City. Response to a subpoena or court order shall not be considered “voluntary,” provided Contractor gives City timely notice of such court order or subpoena.

12.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

12.3. Contractor’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City, and any subcontracting shall be at Contractor’s sole cost and expense. Contractor is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all terms, requirements, and provisions of this Agreement.
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14.0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.
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17.0 Insurance

17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that Contractor has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance, with a minimum limit of $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a 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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its officers, directors, managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance. with a minimum limit of $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability Insurance with a minimum limit of $1,000,000 per accident and in the aggregate for bodily injury or disease.

17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with that task order under this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 13 of 23

17.4. Additional Insureds.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, 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 Contractor or for which Contractor is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, servants, agents, volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. Each insurance policy required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 14 of 23

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.

17.10. Enforcement of Agreement Provisions (Non-Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on City’s part to inform Contractor of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder.

17.11. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
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17.13. Indemnity Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

17.14. Broader Coverage/Higher Limits. .No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. Contractor may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor.

17.15. Subcontractor Insurance Requirements/Pass-Through Clause.

Contractor agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request.

17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this 16 of 23
Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the active or sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity agreements, Contractor shall be fully responsible 17 of 23
and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, to the extent arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, any acts, omissions, negligence or willful misconduct of Contractor’s subcontractor, subconsultant, or other person or entity, and its officers, directors, managers, affiliates, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, and/or their officers, directors, managers, affiliates, agents, servants or employees (or any other entity or individual for whom Contractor’s subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Contractor’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, servants, volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Indemnification Not Limited by Insurance. Procurement of insurance by Contractor is not and shall not be construed as a limitation of Contractor’s liability, or as a waiver of or limitation on full performance of Contractor’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Contractor’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Contractor’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Contractor, City, or any of the other Indemnitees.

18.6. Survival of Terms. Contractor’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or consultants because of or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national 18 of 23
origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Contractor further covenants that in the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, any City agents serving as independent contractors in the role of City officials, and/or any City consultants, contractors, subcontractors, or subconsultants on any basis prohibited by law

20.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

22.0 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.

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Government Code Claim Compliance
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 19 of 23
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.

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

26.0 Non-Exclusive Agreement
Contractor acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement.

27.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

28.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states.

29.0 Prohibited Interests; Conflict of Interest

29.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner 20 of 23
with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

29.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

29.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

30.0 Final Payment Acceptance Constitutes Release
The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its officers, directors, managers, affiliates, employees, agents, and subcontractors for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its officers, directors, managers, affiliates, employees, agents and subcontractors.

31.0 Corrections
In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Contractor’s report or plans. Should Contractor fail to make such 21 of 23
correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.

32.0 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.

33.0 Mutual Cooperation

33.1. City’s Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.

33.2. Contractor’s Cooperation. Contractor agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.

34.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

35.0 Attorneys' 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 all of its attorneys’ fees and other costs incurred in connection therewith.
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36.0 Recitals
City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

37.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

38.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.

EXHIBIT A
Request for Proposals
for
On-Call Utilities and Electrical Maintenance, Repair and Emergency/Unexpected Task Services
City of Seal Beach
Request for Proposals
for
On-Call Utilities and Electrical Maintenance,
Repair and Emergency Services
RFP responses to be received until
2:00 P.M., May 6, 2026
in the Public Works Department
ATTN: Sean Sabo, Management Analyst
Approved for Advertising:

Iris Lee
Director of Public Works
Date Issued: March 31, 2026
ii
Table of Contents
I. INTRODUCTION
II. GENERAL REQUIREMENTS
III. DISCIPLINE A UTILITIES MAINTENANCE, REPAIR AND EMERGENCY

SERVICES
IV. DISCIPLINE B ELECTRICAL MAINTENANCE, REPAIR AND

EMEREGENCY SERVICES
V. PRE-PROPOSAL QUESTIONS
VI. SCHEDULE
VII. SUBMITTAL REQUIREMENTS
VIII. FEE AND COST PROPOSAL
IX. INTERVIEW
X. SELECTION PROCESS
XI. SPECIAL PROVISIONS
XII. GENERAL CONDITIONS
EXHIBIT A Cost Proposals
EXHIBIT B Sample Contract
3 REQUEST FOR PROPOSALS FOR

ON-CALL UTILITIES AND ELECTRICAL MAINTENANCE, REPAIR AND

EMERGENCY SERVICES
ALL INTERESTED PARTIES MUST ACCESS RFP DOCUMENTS VIA PLANETBIDS.

COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA PLANETBIDS.

I. INTRODUCTION
The City of Seal B
water, wastewater, storm water, and electrical systems serving municipal buildings, pump stations, wells, reservoirs, and related public works assets.

The City is soliciting proposals from qualified contractors to provide on-call utilities and electrical maintenance and repair services, which may include routine, emergency, and unanticipated work assignments under two distinct disciplines:

Discipline A Utilities Maintenance, Repair and Emergency Services Discipline B Electrical Maintenance, Repair and Emergency Services Proposers may submit qualifications for one or both disciplines. The City intends to award one or more on-call agreements with qualified contractors within each discipline to ensure adequate availability, specialized expertise, and timely response capability. Work may include routine maintenance, emergency repairs, and unforeseen infrastructure failures requiring immediate response. Contractors shall provide all labor, materials, tools, equipment, transportation, supervision, and incidentals necessary to complete assigned work.

The anticipated term of each agreement is three (3) years, with the option to extend for two (2) additional oneyear periods at the sole discretion of the City.

Due to the as-needed nature of these services, no minimum amount of work is guaranteed, even if awarded.

The scope, schedule, and cost for each requested task will be authorized on a task order basis. The City reserves the right to solicit competitive proposals among awarded contractors within a discipline or to separately bid any project at its discretion.

II. GENERAL REQUIREMENTS (APPLICABLE TO ALL DISCIPLINES) Licensing and Experience
proposing at the time of proposal submittal and must maintain the license in good standing for the duration of the Agreement.
4 All proposers shall demonstrate a minimum of ten (10) years of relevant maintenance and repair experience in the applicable discipline. Contractors must be registered with the Department of Industrial Relations (DIR) and must obtain and maintain a valid City of Seal Beach business license upon award.

Safety and Regulatory Compliance
All work performed under this contract shall comply with all applicable federal, state, and local laws, regulations, codes, and standards. This includes, but is not limited to, requirements established by:

Applicable American Public Works Association standards
Applicable American Water Works Association (AWWA) standards Applicable Building and Electrical Codes
California Division of Occupational Safety and Health (Cal-OSHA) California Manual on Uniform Traffic Control Devices (CA MUTCD) County of Orange standards
City of Seal Beach Cross-Connection Control Policy Handbook (CCCPH) standards City of Seal Beach Standard Plans and Specifications
Environmental and air quality regulations
Equipment manufacturer specifications
National Association of Sewer Service Companies (NASSCO) National Pollutant Discharge Elimination System (NPDES) Other Agencies Having Jurisdiction (AHJ)
Standard Specifications for Public Works Construction (Green Book, latest edition) Work Area Traffic Control Handbook (WATCH Manual)
The Contractor shall conduct all operations in a manner that provides maximum safety to the public, City personnel, and Contractor staff.

Service Response Requirements
The Contractor shall provide emergency response services when requested by the City. Emergency situations may include utility failures, electrical system failures, hazardous conditions, or other unforeseen infrastructure issues requiring immediate attention.

Unless otherwise directed by the City, the Contractor shall mobilize personnel and equipment within three (3) hours of notification for emergency service requests.

For non-emergency work assignments, the Contractor shall respond to City service requests within one (1) business day, unless otherwise directed by the City. The Contractor shall coordinate scheduling with the City to ensure timely completion of assigned tasks.

Compensation and Billing
Separate rate sheets shall be submitted for each discipline. Compensation shall be based on the approved rate sheet and negotiated task order pricing.

Labor charges shall apply to time spent performing work at the job site unless otherwise approved in writing.

Travel time is not compensable unless expressly authorized. Materials shall be reimbursed at actual documented cost plus a markup not to exceed fifteen percent (15%). Supporting documentation shall be provided with each invoice.
5 If the City determines that the Contractor has not satisfactorily performed the Work, payment may be withheld until the Work is completed to the satisfaction of the City. The City shall certify that the Work has been inspected and accepted prior to payment. The Contractor shall be responsible for timely payment of subcontractors, material suppliers, workers, and vendors.

Working Hours
Unless otherwise authorized by the City, work shall be performed during normal City business hours. Normal working hours for non-emergency work shall generally be between 7:30 a.m. and 5:30 p.m., Monday through Friday. Work performed outside of normal working hours, including nights, weekends, or holidays, may require approved rate schedule.

Except in documented emergencies involving immediate risk to public health, safety, or critical infrastructure, the Contractor must obtain prior approval from the City before commencing work outside of normal working hours.

Staffing and Crew Requirements
The Contractor shall maintain an adequate workforce to perform the services required under this Agreement.

Field work shall be performed by a crew consisting of at least two experienced and properly qualified employees unless otherwise approved by the City.

The Contractor shall ensure sufficient staffing is available to meet required emergency response timeframes.

Upon request, the Contractor shall provide a listing of employees assigned to a task order, including names, dates worked, and hours worked for each date.

Equipment Availability
The Contractor shall provide, with its Proposal, a list of equipment owned or otherwise immediately available for use in performing the Work. The Contractor shall ensure that all equipment is properly maintained, suitable for the intended work, and compliant with applicable safety regulations.

Subcontractors
If subcontractors are proposed, the Contractor shall include a list of subcontractors with the Proposal. The Contractor shall remain fully responsible for the performance, safety compliance, and legal compliance of all subcontractors.

The City reserves the right to request additional information or references for any proposed subcontractor.

Prevailing Wage Compliance
Work is subject to California prevailing wage requirements (see General Conditions).

Rates and Safety Equipment
All hourly rates and unit prices submitted shall be fully burdened and shall include supervision, overhead, profit, safety equipment, and all incidental costs necessary to complete the work.

For emergency work, hourly rates shall apply only to actual time spent performing work at the job site. Travel time shall not be compensable unless expressly authorized in writing by the City.

Site Investigation
Prior to the proposal due date, prospective Contractors may inspect City facilities and work locations to familiarize 6 themselves with site conditions. City representatives will be available to answer questions upon request.

III. DISCIPLINE A UTILITIES MAINTENANCE, REPAIR AND EMERGENCY SERVICES A. System Overview
system provides service to approximately 5,500 customers through approximately 68 miles of transmission and distribution pipeline ranging from 4 inches to 20 inches in diameter. Pipelines are constructed of cast iron, asbestos cement, PVC, reinforced concrete cylinder pipe, and cement mortar-lined and coated steel pipe. The water system also includes three (3) active wells, two (2) reservoirs, two (2) booster pump stations, and an imported water supply connection.

The wastewater collection system includes approximately 181,000 linear feet of gravity sewers, 15,000 linear feet of force mainlines, 780 manholes, and six (6) pump stations.

The storm water system includes approximately eight (8) miles of reinforced concrete pipelines, 230 catch basins, one (1) City-owned pump station, and related drainage infrastructure.

B. Contractor Qualifications and Licensing
Contractors proposing under this discipline must possess a valid California Class A (General Engineering) and/or C-34 (Pipeline) and C-42 (Sanitation System) issued by the Contractors State License Board at the time of proposal submittal and shall maintain the license for the duration of the Agreement.

C. Scope of Services
Under this discipline, the Contractor shall provide all labor, supervision, equipment, traffic control, materials, tools, safety equipment, and incidental work necessary to perform on-call maintenance and repair of water, wastewater, and stormwater infrastructure.

Work may include, but is not limited to, excavation and trenching, pavement removal and restoration, backfill and compaction, welding, removal and disposal of materials, traffic control implementation, and restoration of damaged improvements. Services may include installation, repair, and replacement of pipelines, valves, meters, vaults, manholes, pump station components, backflow devices, fire connections, catch basins, and related utility infrastructure.

Work may require temporary water service installation, sewer bypass pumping, dewatering, shoring, asbestos cement pipe handling and disposal, and regulatory compliance related to NPDES and other environmental requirements.

D. Construction and Field Requirements
Traffic Control
Traffic control shall be provided in accordance with the Special Provisions.

Protection of Existing Facilities and Property
7 The Contractor shall locate and protect all existing utilities, infrastructure, and adjacent public and private property during the performance of the Work. The Contractor shall coordinate with utility owners and comply with all utility notification requirements. Detailed requirements are provided in the Special Provisions.

Temporary Water Service
When maintenance or repair activities require interruption of existing water or sewer service, the Contractor shall provide, install, operate, and maintain temporary systems necessary to ensure continuity of service to affected customers. Temporary utility systems shall be installed and maintained in a safe and reliable manner and in compliance with applicable federal, state, and local regulations.

Where water service disruptions occur, the Contractor shall furnish and install temporary potable water service systems as necessary to maintain service, and shall comply with latest AWWA standards. Temporary systems may include above-ground piping, hoses, service connections, valves, and meters. All temporary water service systems shall be equipped with an approved backflow prevention device installed in accordance with the City Cross-Connection Control Policy Handbook (CCCPH) standards and applicable local regulations. Backflow prevention assemblies shall be properly installed and maintained for the duration of the temporary service to protect the potable water supply. All materials used for temporary water service shall be approved for potable water use and installed in a manner that protects the public and prevents damage from traffic or construction activities. Temporary water systems shall be properly secured, maintained throughout their use, and disinfected or flushed where required Utilities Division staff prior to being placed into service.

All temporary utility systems shall remain in service until permanent utilities have been restored. Upon completion of the work, the Contractor shall remove all temporary facilities and restore affected areas to their original or better condition.

Sanitary Sewer Overflow Prevention
Where sewer lines must be taken out of service, the Contractor shall provide temporary bypass pumping systems sufficient to maintain continuous wastewater conveyance and prevent sanitary sewer overflows.

Bypass systems shall be appropriately sized for anticipated flows and shall include pumps, piping, power supply, and backup equipment necessary to maintain uninterrupted operation. The Contractor shall monitor bypass systems during operation and respond promptly to any malfunction or failure. The Contractor shall maintain a minimum of one backup pump per operating pump, on site, throughout the duration of any sewage pumping procedure.

The Contractor shall be responsible for properly designing, installing, operating, and maintaining all temporary sewer bypass systems necessary to prevent sanitary sewer overflows during the performance of the Work.

The Contractor shall immediately notify the City of any bypass system failure, spill, or overflow condition. Any system shall be the responsibility of the Contractor, including all required containment, cleanup, reporting assistance, and restoration activities necessary to address the incident.

Shoring and Trench Safety
The Contractor shall provide all necessary trench protection systems, including shoring, shielding, sloping, or other protective measures, in accordance with applicable Cal-OSHA excavation safety regulations and all other relevant safety standards. Trench protection systems shall be designed, installed, maintained, and removed in accordance with regulatory requirements to ensure the safety of workers, the public, and adjacent improvements.
8 The Contractor shall be responsible for evaluating site conditions, including soil classification, groundwater conditions, trench depth, and surcharge loads, and selecting appropriate protective systems accordingly. All trenching and excavation operations shall comply with applicable safety regulations, and the Contractor shall ensure that excavation areas are properly secured and protected from hazards throughout the duration of the work.

Asbestos Cement Pipe
Existing utility infrastructure may include Asbestos Cement Pipe (ACP). When ACP is encountered, the Contractor shall perform all handling, removal, and disposal activities in accordance with applicable environmental and safety regulations. Personnel performing this work shall possess all required training and certifications.

Utility Damage Responsibility
The Contractor shall be responsible for any damage to existing utilities, facilities, or improvements resulting utility markings are approximate and are provided for informational purposes only. The Contractor shall verify utility locations as necessary and shall exercise due care during excavation and construction activities.

Any utilities, facilities, or improvements damaged by the Contractor shall be immediately reported to the City of the City and the utility owner.

Site Cleanup and Restoration
The Contractor shall maintain work areas in a clean, safe, and orderly condition at all times. Debris, excess materials, and waste generated during the Work shall be promptly removed and disposed of in accordance with applicable regulations.

Upon completion of the Work, the Contractor shall remove all equipment, temporary facilities, and construction materials from the site and shall restore all disturbed surfaces, including pavement, sidewalks, landscaping, and other improvements, to equal or better condition to the satisfaction of the City.

Stormwater Pollution Prevention
The Contractor shall comply with all applicable National Pollutant Discharge Elimination System (NPDES) stormwater regulations and permit requirements during the performance of the Work. The Contractor shall implement and maintain appropriate Best Management Practices (BMPs) to prevent sediment, debris, construction materials, and other pollutants from entering the storm drain system or nearby waterways. BMPs may include, but are not limited to, inlet protection, sediment control devices, spill prevention measures, proper material storage, and erosion control practices. The Contractor shall regularly inspect and maintain BMPs throughout the duration of the Work and shall promptly address any deficiencies or releases to ensure compliance with all applicable stormwater quality requirements.

IV. DISCIPLINE B ELECTRICAL MAINTENANCE AND REPAIR SERVICES A. Contractor Qualifications and Licensing
Contractors proposing under this discipline must possess a valid California Class A (General Engineering) and/or Class C-
9 B. Scope of Services
Under this discipline, the Contractor shall provide on-call electrical maintenance and repair services for municipal facilities and utility infrastructure, including wells, pump stations, lighting, and related infrastructure.

Services may include troubleshooting, repair, replacement, installation, testing, and inspection of electrical systems and components, including panels, controls, wiring, conduits, lighting systems, motors, pumps, transmission systems, and associated equipment necessary to maintain safe and reliable operations.

All electrical work shall comply with the National Electrical Code, California Electrical Code, Standard Specifications for Public Works Construction (latest edition), City standards and provisions, Caltrans Standard Specifications where applicable, and all Agencies Having Jurisdiction.

V. PRE-PROPOSAL QUESTIONS
For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact:

Sean Sabo
Management Analyst
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1431
The City will respond to all questions and requests for clarification received by April 13, 2026.

VI. SCHEDULE
The following dates reflect the anticipated schedule:

Request for Proposal Solicitation 3/31/2026
Pre-Proposal Question Deadline 4/28/2026
Proposal Submittal Deadline 5/6/2026, 2:00p.m.

Contractor Interviews (if conducted) May 2026
Contract Award by City Council June 2026
Notice to Proceed June 2026
VII. SUBMITTAL REQUIREMENTS
Acceptance of Submittals
Proposals are due by 2:00 PM on May 6, 2026 to the following. Postmarks will not be accepted.

Sean Sabo
Management Analyst
Department of Public Works
211 Eighth Street
10 Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1431
Please submit one (1) unbound original, two (2) bound hard copies, and one (1) electronic copy of the Contractor (s). Proposals received after the date and time listed above will not be accepted or considered for this Project.

Firms proposing to provide services in both disciplines (utilities and electrical) shall submit separate proposals for each discipline. Each proposal shall be complete and stand on its own, clearly identifying the applicable discipline.

There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded.

The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor.

All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City.

Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18).

Information to be Submitted
Maximum page limit: 35 pages per proposal.

The following information shall be provided, at a minimum:

Cover Letter
Table of Contents
Company Qualifications
Local Staffing List
Understanding/Approach
References
List of Subcontractors
Sample Letter Proposal
Cost Proposal
Exceptions
Business Entity
Contract Signatories

Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, clearly identify the discipline being applied for,
this RFP.

Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided.
11 Company Qualifications: Provide a summary of the Contractor experience.

Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub-Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the and the Contractor manager.

Understanding/Approach: Describe the Contractor Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project.

Any task assumptions and/or exclusions shall be clearly identified.

References: Contractor should provide a minimum of five (5) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum:

Agency name
Scope of work and/or services provided, prime/sub-Contractor.

Project outcome
Construction value
Dates
Client project manager name, valid telephone number, and email List of Subcontractors: Contractor will be required to provide a list of subcontractors that it intends to use. each subcontractor, at a minimum. Subcontractor must comply with all applicable licensing requirements.

Sample Letter Proposal: Contractor will be required to submit a sample letter proposal providing a template of how the Contractor intends to respond to each Work request.

Fee & Cost Proposal: Contractors shall submit a separate Cost Proposal for each discipline for which they are proposing services. Contractors may submit proposals for one or both disciplines; however, each discipline shall include its own complete Cost Proposal and rate schedule submitted as part of a standalone proposal.

Fee & Cost Proposal for Discipline X On-Call
(Utilities or Electrical) Maintenance, Repair and Emergency Services identify the applicable discipline (Discipline A Utilities Maintenance and Repair Services and/or Discipline B Electrical Maintenance and Repair Services).

The Cost Proposal shall include proposed labor classifications, hourly labor rates, and equipment rates, necessary to perform the services described in this Request for Proposals.

Contractors may include additional labor classifications or equipment rates beyond those identified in Exhibit A if necessary to support the proposed services. Any additional classifications or rates shall be clearly identified in the submitted rate schedule.

The Method of Payment of the Contract will be Time and Material. 12 Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm.

Business Entity:

Clearly indicate the
registration number for the prime/sub-Contractor, and provide the Contractor and subinformation.

Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313.

VIII. FEE AND COST PROPOSAL
In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following:

1. Compensation for services, and any optional tasks, provided will be on a time-and-materials.

2. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year.

3. -timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non-labor expenses and sub-Contractors. Any anticipated fee adjustments shall be clearly noted.

4. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor.

IX. INTERVIEW
Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from X. SELECTION PROCESS
Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation.
13 POTENTIAL EVALUATION CRITERIA

1. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration.

2. Qualifications & Experience (35 points)
a. Local Presence - respond in emergencies and
effectively conduct the .
b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub-Contractors to perform the work.
c. Quality of references from at least five (5) agencies the Contractor currently or have previously consulted for in the past five (5) years.

3. Organization & Approach (35 points)
a. requested Work.
b.
emergency and/or non-emergency Work.
c. services without the
compromise of quality, cost, and/or time.
d. -perform the requested Work, or form a quality sub-contracting team.
e. the nature of public sector work and its decision-making process.
f.

Maintenance Agreement.

4. Fee (30 points)
a. Fee & Cost proposal
b. Quality of sample letter proposal
The City reserves the right to determine whether or not a proposal meets the specifications and requirements requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non-emergency and pre-planned projects out for formal bidding.

All proposals received as specified will be evaluated by City staff in accordance with the abovementioned.

During the evaluation period, the City may do any or all of the following:
interviews with the top candidates; conduct onContractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations.
14 XI. SPECIAL PROVISIONS
(Applicable to All Disciplines Unless Otherwise Noted)

PERSONNEL
The Contractor shall furnish all labor necessary for the satisfactory performance of the Work described in this Agreement. All personnel assigned under this contract shall be properly trained, qualified, and experienced in performing the types of maintenance, repair, installation, inspection, and emergency response services required under this RFP.
a.

All employees shall adhere to professional standards of appearance and conduct while performing Work within the City. Personnel shall wear appropriate work attire and all personal protective equipment required by federal and state safety regulations. Clothing and gear shall be worn in accordance with applicable safety standards at all times.

The City reserves the right to require removal and replacement of any employee whose conduct, workmanship, or performance is deemed unsatisfactory, unsafe, or inconsistent with the requirements of this Agreement. b. Typical Tasks
Contractor personnel shall possess the necessary technical skills, certifications, and field experience to perform electrical, utility, and related maintenance and repair services as authorized under this Agreement. c. Licenses
At the time of proposal submittal and throughout the term of the Agreement, the Contractor shall possess and maintain all licenses required to perform the Work, including:
limited to:
o -
o - and,
Class - for utility maintenance and repair services;
and/or;
o
If selected, the Contractor shall maintain a valid City of Seal Beach business license for the duration of the Agreement.

All personnel operating vehicles or specialized equipment shall possess valid and appropriate California driver licenses and certifications as required by law.
d. Knowledge and Experience
of the electrical and/or utilities maintenance and repair industries, as applicable to the assigned Work. Personnel shall have sufficient experience to perform services safely, efficiently, and in full compliance with applicable codes, standards, and regulations.
15 EQUIPMENT
The Contractor shall furnish all equipment, tools, vehicles, materials, and incidentals necessary for the satisfactory performance of the Work.
a. Vehicle and Equipment Maintenance
All vehicles and equipment used in connection with this Agreement shall be maintained in safe, operable mechanical condition. Equipment shall comply with applicable safety regulations and shall be properly adjusted and maintained to ensure safe operation at all times.

The City reserves the right to prohibit the use of equipment deemed unsafe, improperly maintained, or unsuitable for the Work.
b. Storage of Equipment
The Contractor shall be responsible for providing appropriate storage facilities for equipment and materials.

Equipment shall not be stored within public rights-of-way or on City property without prior written authorization from the City.

SUPERVISION
The Contractor shall provide competent and continuous supervision of all Work performed under this Agreement.

A designated foreman or authorized representative shall oversee daily operations, ensure quality workmanship, maintain schedules, and ensure compliance with all safety, licensing, and contract requirements.

The designated supervisor shall:

Be available during active Work operations;
Serve as the primary point of contact for the City;
Coordinate scheduling and respond to service requests or complaints; and Ensure that all Work is performed in accordance with the Contract Documents.

Supervisory personnel shall have a minimum of five (5) years of relevant experience in electrical and/or utilities maintenance and repair, as applicable to the services being performed.

Failure to provide adequate supervision may result in corrective action, withholding of payment, or termination in accordance with the Agreement.

METHOD OF WORK
The Contractor shall furnish all labor, supervision, materials, tools, equipment, transportation, traffic control, Work shall be completed in place, in a professional and workmanlike manner, and in accordance with the Contract Documents.

The Contractor is solely responsible for means and methods of construction, maintenance, and repair operations, and shall perform all Work in a manner that ensures maximum safety to the public, City personnel, and Contractor staff.

All Work shall comply with all applicable federal, state, and local laws, regulations, codes, standards, and manufacturer specifications, including but not limited to Cal-OSHA requirements, applicable Building Codes, the 16 City of Seal Beach Municipal Code, and any Agency Having Jurisdiction (AHJ). Failure to comply may result in suspension of Work, termination of the Agreement, or other remedies available to the City.

The City reserves the right to stop Work, issue restraint or cease-and-desist orders, or require corrective action if unsafe practices, code violations, or contract noncompliance are observed.

The Contractor shall maintain all work sites in a safe condition and shall protect the Work until final acceptance by the City. Any hazardous or unsafe condition encountered that is not caused by the Contractor shall be immediately reported to the City in writing.

All debris, surplus materials, and waste shall be removed daily or as directed by the City and disposed of in accordance with applicable regulations. Upon completion, each site shall be left clean, safe, and in a presentable condition satisfactory to the City.

TRAFFIC CONTROL
The Contractor shall provide, install, and maintain all traffic control measures necessary to safely perform the Work and protect the public, workers, and adjacent properties. Traffic control shall be implemented in accordance with applicable City requirements and State standards, including the most current edition of the Work Area Traffic Control Handbook (WATCH Manual) and the California Manual on Uniform Traffic Control Devices (CA MUTCD), as applicable.

Traffic control measures may include, but are not limited to, signage, cones, barricades, delineators, temporary lane closures, flaggers, and pedestrian accommodations. The Contractor shall be responsible for maintaining traffic control devices in proper working condition for the duration of the Work and for adjusting traffic control as necessary to address changing site conditions and ensure safe passage for vehicles, bicyclists, and pedestrians.

Traffic control shall be implemented prior to commencement of Work and remain in place until completion and rates unless otherwise specified.

Failure to properly implement traffic control measures shall constitute grounds for immediate suspension of Work.

PROTECTION OF EXISTING FACILITIES AND PROPERTY
The Contractor shall contact DigAlert and obtain all required utility markings prior to commencing any excavation activities. The Contractor shall coordinate with all applicable utility owners to identify the location of existing underground and aboveground facilities and shall verify utility locations as necessary to safely perform the Work. The Contractor shall take all necessary precautions to avoid damage to existing utilities, structures, and improvements.

The Contractor shall also protect all public and private property not designated for removal or modification as part of the Work, including but not limited to utilities, streets, sidewalks, landscaping, irrigation systems, structures, and other improvement
repaired or restored to the satisfaction of the City and the property owner at no additional cost to the City. 17 Nothing contained herein shall be construed as granting the Contractor exclusive use or occupancy of any public right-of-way, street, easement, or City property. The Contractor shall conduct operations in a manner that minimizes interference with public travel, City operations, and adjacent property access, and shall maintain safe access for residents, businesses, and emergency services at all times.

COMMUNICATION AND EMERGENCY RESPONSE
The Contractor shall provide the City with emergency contact information for at least two (2) qualified representatives authorized to respond to emergency conditions at any time during the term of the Agreement.

During normal City business hours (7:30 A.M. to 5:30 P.M., Monday through Friday), the Contractor shall maintain personnel capable of directly responding to telephone and email inquiries. An answering service alone shall not satisfy this requirement.

For emergency requests, the Contractor shall mobilize and arrive on site within three (3) hours of notification unless otherwise directed by the City.

AUTHORIZATION OF WORK AND EMERGENCY RESPONSE
All work performed under this Agreement shall be on a task-by-task basis and requires written authorization from the City prior to commencement, except in documented emergency situations. When requested by the City, the Contractor shall submit a written proposal describing the proposed scope of work, estimated labor hours, required materials and equipment, and anticipated schedule. The City reserves the right to review, negotiate, and approve the scope and pricing before issuing written authorization or a Notice to Proceed. The Contractor shall perform only the work authorized, and any work performed without City authorization shall be at the In situations where immediate action is necessary to protect public health, safety, or critical infrastructure, the City may authorize the Contractor to proceed with emergency work without a prior written task order. In such cases, the Contractor shall perform the work on a time-and-materials basis in accordance with the approved rate schedule and shall provide detailed documentation of labor, equipment, and materials used. All emergency work shall be executed safely, efficiently, and in compliance with applicable laws, codes, and regulations.

This Agreement provides on-call services on an as-needed basis, and the City does not guarantee any minimum amount of work. The Contractor shall have no claim against the City for anticipated profits, overhead, mobilization, standby costs, or other damages

PROGRESS OF WORK
Time is of the essence. The Contractor shall prosecute the Work diligently and in an orderly manner and shall minimize service interruptions to the greatest extent feasible. Work at each location shall be completed prior to moving to another site unless otherwise approved by the City. Failure to make satisfactory progress may result in written notice to cure, withholding of payment, or termination.

CHANGES AND EXTRA WORK
The City reserves the right to modify, increase, decrease, or omit portions of the Work as deemed necessary.

Such modifications shall not invalidate the Agreement. Extra Work shall not be performed without prior written authorization, except where immediate action is necessary to protect public health or safety. 18 If unit prices are not applicable, compensation for Extra Work shall be based on actual labor costs, verified material costs, and a markup not to exceed fifteen percent (15%), unless otherwise negotiated and approved in writing by the City. All time-and-materials work shall include a written not-to-exceed amount.

INSPECTION AND ACCEPTANCE
All Work is subject to inspection by the City. Acceptance shall occur only after the City determines that the Work complies fully with the Contract Documents.

Acceptance of Work does not relieve the Contractor of responsibility for defective or nonconforming Work discovered within the applicable warranty or statutory period.

RECORDS, INVOICING, AND PAYMENT
Payment is subject to inspection and acceptance by the City. Contractors shall maintain detailed records of work performed, including dates, locations, quantities, and descriptions of services, and shall submit completed task documentation with each invoice.

The Contractor shall maintain complete and accurate records of all Work performed, including location, description, labor hours, materials, equipment used, and dates of service.

Signed Task Orders shall accompany each invoice. The Contractor shall retain all records for the duration of the Agreement and for three (3) years following its termination.

If deficiencies are identified, the Contractor shall correct them within twenty-four (24) hours of written notice unless otherwise directed by the City. Failure to correct deficiencies may result in withholding of payment, back charges, or other remedies available under the Agreement.

INSURANCE AND LICENSING
Prior to commencement of any work, the Contractor shall provide proof of insurance coverage in the types and insurance.

The Contractor shall maintain all required contractor licenses in good standing and shall obtain and maintain a valid City business license for the duration of the Agreement.

XII. GENERAL CONDITIONS
A. Signature
The Proposal shall be signed by an individual authorized to bind the Contractor.

B. Other Considerations:

The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP.
19 The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding to this RFP.

C. Business License Required
The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov.

D. Prevailing Wage
All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq.

Contractor agrees that all public work (as defined in California Labor Code section (1720) performed Labor Code sections 1770 et seq. City makes no representation or statement that the project or any In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or Contractor to pay not less
than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the bid proposal.
20 EXHIBIT A

FEE & COST PROPOSALS
21 FEE & COST PROPOSAL FOR DISCIPLINE A

ON-CALL UTILITIES MAINTENANCE, REPAIR AND EMERGENCY SERVICES (additional labor/material rates may be added as a separate attachment) MOBILIZATION COST (Normal Working Hours)
/TASK ORDER
MOBILIZATION COST (Non-Working Hours)
/TASK ORDER
MINIMUM CALL OUT (in dollars or hours, if applicable)

EQUIPMENT
NO. DESCRIPTION

UNIT OF

MEASURE UNIT PRICE DESCRIPTION
E1 Pick-Up Truck HOUR $
E2 Crew Truck HOUR $
E3 Flatbed Truck HOUR $
E4 Bed Trailer HOUR $
E5 Bobcat HOUR $
E6 Small Excavator HOUR $
E7 Medium Excavator HOUR $
22 E8 Large Excavator HOUR $
E9 Backhoe HOUR $
E10 Dump Truck/Super 10 HOUR $
E11 Truck and Pup HOUR $
E12 Water Truck HOUR $
E13 Vactor Truck HOUR $
E14 Sweeper HOUR $
E15 Wheel Loader HOUR $
E16 Skip Loader HOUR $
E17 Air Compressor w/Jack
Hammer HOUR $
E18 Hydraulic Breaker HOUR $
E19 Asphalt Paver HOUR $
E20 Concrete Mixer HOUR $
E21 Concrete Saw HOUR $
E22 Compaction Wheel HOUR $
E23 Wacker HOUR $
23 E24 Vibratory Compactor HOUR $
E25 Generator HOUR $
LABOR
NO. DESCRIPTION

STANDARD OVERTIME DOUBLE TIME
L1 Superintendent $ $ $
L2 Project Manager $ $ $
L3 Foreman/Operator $ $ $
L4 Foreman/Laborer $ $ $
L5 Operator $ $ $
L6 Laborer $ $ $
L7 Welder $ $ $
L8 Teamster $ $ $
L9 Pipelayer $ $ $

ADJUSTMENTS
Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 24 FEE & COST PROPOSAL FOR DISCIPLINE B

ON-CALL ELECTRICAL MAINTENANCE, REPAIR AND EMERGENCY SERVICES (additional labor/equipment/material rates may be added/clarified with a separate attachment) MOBILIZATION COST (Normal Working Hours)
/TASK ORDER
MOBILIZATION COST (Non-Working Hours)
/TASK ORDER
MINIMUM CALL OUT (in dollars or hours, if applicable)
LABOR
NO. DESCRIPTION

STANDARD OVERTIME DOUBLE TIME
L1 Electrician $ $ $
L2 Journeyman $ $ $
L3 Helper/Apprentice
(non-Journeyman)
$ $ $
L4
L5
L6
L7
25 EQUIPMENT
NO. DESCRIPTION UNIT PRICE
E1 Truck $
E2 Trailer $
E3 Power Generator $
E4 Forklift $
E5 $

ADJUSTMENTS
Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 26 EXHIBIT B

SAMPLE CONTRACT

MAINTENANCE SERVICES AGREEMENT
for
On-Call (Utilities or Electrical) Maintenance and Repair Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
<Contractor Name>
<Address>
<City, State, Zip Code>
<Phone Number>
This Maintenance Services <DATE> (the
<CONTRACTOR LEGAL NAME> Contractor
<TYPE OF LEGAL ENTITY AND STATE OF FORMATION (e.g., a California corporation, partnership, limited liability company, sole proprietorship, etc.)> and 2 of 19

RECITALS
A. City desires certain on-call emergency and unexpected task (utilities or electrical) maintenance and repair services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on <DATE>, titled -Call Utilities and Electrical Maintenance, Repair and Emergency Contractor submitted a proposal dated <DATE> in response to the RFP.

C. Contractor represents that the principal members of its firm are qualified California licensed contractors <License #XXXXX, DIR XXXXXXX> and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Strictly on an on-call basis, Contractor shall provide those (utilities or electrical) maintenance and related repair in
the Request for Proposals attached hereto as Exhibit A
Proposal attached hereto as Exhibit B, and incorporated herein by this reference.

To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder.

1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake 3 of 19
the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor
and professional manner, and Contractor and Contractor
Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor work by the City shall not operate as a release of Contractor from such standard of care and workmanship.

1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years
expire at midnight on <DATE>, unless sooner terminated or extended as provided by this Agreement.

2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up two additional terms one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from <DATE> through and including <DATE>, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from <DATE> through and including <DATE>, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and

3.0 Contractor

3.1. In consideration the Services set
forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not-to-exceed amount of $_____ (____ dollars and 00/100) <TOTAL CONTRACT AMOUNT> for the <Original> Term.

3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in 4 of 19
Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the <Original> Term.

3.3. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, i
performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-to-exceed amount of $____________ (_______ dollars) <MAXIMUM DOLLAR AMOUNT PAYABLE FOR EACH EXTENDED TERM> for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award.

4.0 Method of Payment

4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.

4.2. Upon 24-hour notice from City, Contractor
agents or representatives to inspect at Contractor
business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor
under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.

5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives
5 of 19

6.1. Agreement.

6.2. <NAME> is the Contractor's primary representative for purposes of this Agreement. <NAME> shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: <Contractor>
<Address>
City, State, Zip Code>
Attn: <Contractor Representative>

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Contractor and all of Contractor shall obtain
and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor personnel under Contractor supervision. Contractor will determine the means, methods, and details by which Contractor employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work 6 of 19
performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Contractor personnel performing any
of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor not supervise any of employees supervise Contractor
personnel. Contractor
badge, identification number, or other information identifying such individual as an employee of City; and Contractor -mail
address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor
review plans on file at City, pick up or deliver any work product related to Contractor any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor personnel in connection with their performance of any Services under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all 7 of 19
liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor . or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor
shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall ,
commencing at Government Code § 20000, as amended by the Public the regulations of
PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor ny provisions of this Section 10.0. This duty of indemnification is in addition to Contractor
harmless as set forth in any other provision of this Agreement. Contractor indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Contractor covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information & developed or
8 of 19
received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court Contractor gives City notice of
such court order or subpoena.

11.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor
or mean the right by City to control, direct or rewrite the response.

11.3. Contractor s under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents Data &
Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Contractor shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written 9 of 19
Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a Data & Documents is violating federal, state or
local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors.

14.0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this assignment
hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
10 of 19

15.0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.

17.0 Insurance

17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or 11 of 19
other form with a 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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..

17.2.3. Insurance in the amount required
for bodily injury or disease;

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, 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 Contractor or for which the Contractor is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior 12 of 19
written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor expense, the premium thereon. Contractor shall promptly reimburse 13 of 19
City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on All certificates and endorsements
shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor full performance of Contractor o indemnify City under Section 18.0.

17.13. Broader Coverage/Higher Limits. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Contractor .

18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as in
this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of any nature whatsoever, in 14 of 19
law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the Liabilities
alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities
Contractor shall
reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor
subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor
the legal liability thereof) in the performance of this Agreement, including the Liabilities arising from the
sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.3. Not Limiting. Contractor
indemnification obligations under this Section, or any other provision of this mpensation
act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.
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18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.5. Survival of Terms. Contractor indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination Equal Employment Opportunity
Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be -insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, Contractor
shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

22.0 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 16 of 19
agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California 17 of 19
Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor
ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Contractor shall review of Contractor plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any 18 of 19
retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.

30.0 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 Services beyond the current fiscal year, this Agreement shall cover payment for Contractor 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.

31.0 Mutual Cooperation

31.1. . City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor

31.2. Contractor . In the event any claim or action is
brought against City relating to Contractor
under this Agreement, Contractor shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' 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 therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
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The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Patrick Gallegos, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Nicholas Ghirelli, City Attorney
CONTRACTOR: <Contractor>, a
<INSERT TYPE OF ENTITY (e.g., a
California corporation>
By: __________________________
Name: __
Its:

By: __________________________
Name: ___
Its:
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

EXHIBIT A
Request for Proposals
for
On-Call (Utilities or Electrical) Maintenance and Repair Services

EXHIBIT B
s Proposal

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the Contractor acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by Contractor shall comply with and be bound by
all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor
compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.

10. Contractor
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before

12. For every subcontractor who will perform work on the project, Contractor shall be Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor
officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment duties of Contractor under this Section shall survive the termination of the Agreement.

EXHIBIT B
Contractor’s Proposal

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.

10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

MAINTENANCE SERVICES AGREEMENT
for
On-Call Electrical Maintenance, Repair and
Emergency/Unexpected Task Services
between

City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Baker Electric & Renewables LLC
dba Baker Electric
1298 Pacific Oaks Place
Escondido, California 92029
(760) 745-2001
This Maintenance Services Agreement (“the Agreement”) is made as of June 22, 2026 (the “Effective Date”), by and between Baker Electric & Renewables LLC dba Baker Electric (“Contractor”), a California limited liability company and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 23

RECITALS
A. City desires certain on-call electrical maintenance, repair and emergency/ unexpected task services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals (“RFP”) on April 1, 2026, titled “On-Call Utilities and Electrical Maintenance, Repair and Emergency/Unexpected Task Services.” Contractor submitted a proposal dated May 6, 2026, in response to the RFP.

C. Contractor represents that the principal members of its firm are qualified California licensed contractors (License #161756, DIR 1000000466) and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Strictly on an on-call basis, Contractor shall provide those electrical maintenance, repair and emergency/unexpected task services (collectively “Services”) in the Request for Proposals attached hereto as Exhibit A, Contractor’s Proposal attached hereto as Exhibit B, and Terms for Compliance with California Labor Law Requirements (Exhibit C), all incorporated herein by this reference. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder.

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) Exhibit A (the Request for Proposal) (“RFP”), including all attachments and exhibits thereto; (iii) Exhibit B (Contractor’s accepted proposal, “Proposal”); and (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements). Exhibits A, B, and C are incorporated herein by this reference as though set forth in full.
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1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or other incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A (the RFP); and then (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit B (Proposal). In the event there is any conflict between the Agreement, on the one hand, and any of the Exhibits, the RFP or the Proposal on the other hand, the Agreement shall govern.

1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Contractor, and Contractor’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor’s staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Contractor’s work by City shall not operate as a release of Contractor from such standard of care and workmanship.

1.4. Compliance with Laws. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.

1.5. Additional Services. Contractor will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. Original Term. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on June 30, 2029, unless sooner terminated or extended as provided by this Agreement.

2.2. Extensions. City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up two additional terms of one year each (“extension”), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by City, the first extension shall have a term extending from July 1, 2029, through and including June 30, 2030, unless sooner terminated or extended pursuant to this Agreement. If timely elected by City, the second extension shall be from July 1, 2030, through and including June 30, 2031, unless sooner 4 of 23
terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor’s authorized representatives.

3.0 Contractor’s Compensation

3.1. Original Term. In consideration of Contractor’s performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not-to-exceed amount of $300,000 (Three Hundred Thousand dollars and 00/100) for the Original Term.

3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

3.3. Extensions. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, in consideration of Contractor’s performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-to-exceed amount of $100,000 (One Hundred Thousand dollars) for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award.

4.0 Method of Payment
Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.

5.0 Termination

5.1. Termination by City.

5.1.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5 of 23

5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

5.2. Termination by Contractor. This Agreement may be terminated by Contractor based on reasonable cause, by serving written notice of termination to City, provided that Contractor has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement immediately upon the effective termination date set forth in the notice of termination. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Contractor is not then in breach, City shall pay Contractor all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Contractor. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

6.1. The City Manager is City’s representative for purposes of this Agreement.

6.2. Ted Baker is the Contractor's primary representative for purposes of this Agreement. Ted Baker shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices
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7.3. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: Baker Electric & Renewables LLC dba
Baker Electric
1298 Pacific Oaks Place
Escondido, California 92029
Telephone: (760) 745-2001
Email: [email protected]
Attn: Ted Baker

7.4. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Contractor and all of Contractor’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor’s employees or other personnel under Contractor’s supervision. Contractor will determine the means, methods, and details by which Contractor’s employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Contractor’s employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, 7 of 23
badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of any Services under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Contractor shall defend, indemnify and hold harmless City and its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold 8 of 23
harmless as set forth in any other provision of this Agreement. Contractor’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), as amended from time to time. and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. To the maximum extent permitted by law, Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Ownership of Work Product

11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, or used by Contractor in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their 9 of 23
creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s own risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

11.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1.

11.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Contractor’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.
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12.0 Confidentiality

12.1. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Contractor covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Contractor for performance of this Agreement are confidential unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such Work Product, or other data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the geographical boundaries of City. Response to a subpoena or court order shall not be considered “voluntary,” provided Contractor gives City timely notice of such court order or subpoena.

12.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

12.3. Contractor’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City, and any subcontracting shall be at Contractor’s sole cost and expense. Contractor is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all terms, requirements, and provisions of this Agreement.
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14.0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.
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17.0 Insurance

17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that Contractor has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance, with a minimum limit of $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a 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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its officers, directors, managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance. with a minimum limit of $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability Insurance with a minimum limit of $1,000,000 per accident and in the aggregate for bodily injury or disease.

17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance: Consultant shall maintain professional liability (or errors and omissions liability) insurance that covers the Services to be performed in connection with that task order under this Agreement, with limits minimum limits no less than $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 13 of 23

17.4. Additional Insureds.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, 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 Contractor or for which Contractor is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, servants, agents, volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. Each insurance policy required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 14 of 23

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.

17.10. Enforcement of Agreement Provisions (Non-Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on City’s part to inform Contractor of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder.

17.11. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
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17.13. Indemnity Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

17.14. Broader Coverage/Higher Limits. .No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. Contractor may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor.

17.15. Subcontractor Insurance Requirements/Pass-Through Clause.

Contractor agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request.

17.16. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this 16 of 23
Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the active or sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity agreements, Contractor shall be fully responsible 17 of 23
and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, to the extent arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, any acts, omissions, negligence or willful misconduct of Contractor’s subcontractor, subconsultant, or other person or entity, and its officers, directors, managers, affiliates, agents, servants, employees, materialmen, contractors, subcontractors and/or subconsultants, and/or their officers, directors, managers, affiliates, agents, servants or employees (or any other entity or individual for whom Contractor’s subcontractor, subconsultant and/or such other person or individual shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Contractor’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, servants, volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Indemnification Not Limited by Insurance. Procurement of insurance by Contractor is not and shall not be construed as a limitation of Contractor’s liability, or as a waiver of or limitation on full performance of Contractor’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Contractor’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Contractor’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Contractor, City, or any of the other Indemnitees.

18.6. Survival of Terms. Contractor’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors or consultants because of or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national 18 of 23
origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Contractor further covenants that in the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, any City agents serving as independent contractors in the role of City officials, and/or any City consultants, contractors, subcontractors, or subconsultants on any basis prohibited by law

20.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

22.0 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.

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Government Code Claim Compliance
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 19 of 23
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.

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

26.0 Non-Exclusive Agreement
Contractor acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement.

27.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

28.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states.

29.0 Prohibited Interests; Conflict of Interest

29.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner 20 of 23
with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

29.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

29.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

30.0 Final Payment Acceptance Constitutes Release
The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its officers, directors, managers, affiliates, employees, agents, and subcontractors for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its officers, directors, managers, affiliates, employees, agents and subcontractors.

31.0 Corrections
In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Contractor’s report or plans. Should Contractor fail to make such 21 of 23
correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.

32.0 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.

33.0 Mutual Cooperation

33.1. City’s Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.

33.2. Contractor’s Cooperation. Contractor agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.

34.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

35.0 Attorneys' 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 all of its attorneys’ fees and other costs incurred in connection therewith.
22 of 23

36.0 Recitals
City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

37.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

38.0 Corporate Authority
The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.

EXHIBIT A
Request for Proposals
for
On-Call Utilities and Electrical Maintenance, Repair and Emergency/Unexpected Task Services
City of Seal Beach
Request for Proposals
for
On-Call Utilities and Electrical Maintenance,
Repair and Emergency Services
RFP responses to be received until
2:00 P.M., May 6, 2026
in the Public Works Department
ATTN: Sean Sabo, Management Analyst
Approved for Advertising:

Iris Lee
Director of Public Works
Date Issued: March 31, 2026
ii
Table of Contents
I. INTRODUCTION
II. GENERAL REQUIREMENTS
III. DISCIPLINE A UTILITIES MAINTENANCE, REPAIR AND EMERGENCY

SERVICES
IV. DISCIPLINE B ELECTRICAL MAINTENANCE, REPAIR AND

EMEREGENCY SERVICES
V. PRE-PROPOSAL QUESTIONS
VI. SCHEDULE
VII. SUBMITTAL REQUIREMENTS
VIII. FEE AND COST PROPOSAL
IX. INTERVIEW
X. SELECTION PROCESS
XI. SPECIAL PROVISIONS
XII. GENERAL CONDITIONS
EXHIBIT A Cost Proposals
EXHIBIT B Sample Contract
3 REQUEST FOR PROPOSALS FOR

ON-CALL UTILITIES AND ELECTRICAL MAINTENANCE, REPAIR AND

EMERGENCY SERVICES
ALL INTERESTED PARTIES MUST ACCESS RFP DOCUMENTS VIA PLANETBIDS.

COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA PLANETBIDS.

I. INTRODUCTION
The City of Seal B
water, wastewater, storm water, and electrical systems serving municipal buildings, pump stations, wells, reservoirs, and related public works assets.

The City is soliciting proposals from qualified contractors to provide on-call utilities and electrical maintenance and repair services, which may include routine, emergency, and unanticipated work assignments under two distinct disciplines:

Discipline A Utilities Maintenance, Repair and Emergency Services Discipline B Electrical Maintenance, Repair and Emergency Services Proposers may submit qualifications for one or both disciplines. The City intends to award one or more on-call agreements with qualified contractors within each discipline to ensure adequate availability, specialized expertise, and timely response capability. Work may include routine maintenance, emergency repairs, and unforeseen infrastructure failures requiring immediate response. Contractors shall provide all labor, materials, tools, equipment, transportation, supervision, and incidentals necessary to complete assigned work.

The anticipated term of each agreement is three (3) years, with the option to extend for two (2) additional oneyear periods at the sole discretion of the City.

Due to the as-needed nature of these services, no minimum amount of work is guaranteed, even if awarded.

The scope, schedule, and cost for each requested task will be authorized on a task order basis. The City reserves the right to solicit competitive proposals among awarded contractors within a discipline or to separately bid any project at its discretion.

II. GENERAL REQUIREMENTS (APPLICABLE TO ALL DISCIPLINES) Licensing and Experience
proposing at the time of proposal submittal and must maintain the license in good standing for the duration of the Agreement.
4 All proposers shall demonstrate a minimum of ten (10) years of relevant maintenance and repair experience in the applicable discipline. Contractors must be registered with the Department of Industrial Relations (DIR) and must obtain and maintain a valid City of Seal Beach business license upon award.

Safety and Regulatory Compliance
All work performed under this contract shall comply with all applicable federal, state, and local laws, regulations, codes, and standards. This includes, but is not limited to, requirements established by:

Applicable American Public Works Association standards
Applicable American Water Works Association (AWWA) standards Applicable Building and Electrical Codes
California Division of Occupational Safety and Health (Cal-OSHA) California Manual on Uniform Traffic Control Devices (CA MUTCD) County of Orange standards
City of Seal Beach Cross-Connection Control Policy Handbook (CCCPH) standards City of Seal Beach Standard Plans and Specifications
Environmental and air quality regulations
Equipment manufacturer specifications
National Association of Sewer Service Companies (NASSCO) National Pollutant Discharge Elimination System (NPDES) Other Agencies Having Jurisdiction (AHJ)
Standard Specifications for Public Works Construction (Green Book, latest edition) Work Area Traffic Control Handbook (WATCH Manual)
The Contractor shall conduct all operations in a manner that provides maximum safety to the public, City personnel, and Contractor staff.

Service Response Requirements
The Contractor shall provide emergency response services when requested by the City. Emergency situations may include utility failures, electrical system failures, hazardous conditions, or other unforeseen infrastructure issues requiring immediate attention.

Unless otherwise directed by the City, the Contractor shall mobilize personnel and equipment within three (3) hours of notification for emergency service requests.

For non-emergency work assignments, the Contractor shall respond to City service requests within one (1) business day, unless otherwise directed by the City. The Contractor shall coordinate scheduling with the City to ensure timely completion of assigned tasks.

Compensation and Billing
Separate rate sheets shall be submitted for each discipline. Compensation shall be based on the approved rate sheet and negotiated task order pricing.

Labor charges shall apply to time spent performing work at the job site unless otherwise approved in writing.

Travel time is not compensable unless expressly authorized. Materials shall be reimbursed at actual documented cost plus a markup not to exceed fifteen percent (15%). Supporting documentation shall be provided with each invoice.
5 If the City determines that the Contractor has not satisfactorily performed the Work, payment may be withheld until the Work is completed to the satisfaction of the City. The City shall certify that the Work has been inspected and accepted prior to payment. The Contractor shall be responsible for timely payment of subcontractors, material suppliers, workers, and vendors.

Working Hours
Unless otherwise authorized by the City, work shall be performed during normal City business hours. Normal working hours for non-emergency work shall generally be between 7:30 a.m. and 5:30 p.m., Monday through Friday. Work performed outside of normal working hours, including nights, weekends, or holidays, may require approved rate schedule.

Except in documented emergencies involving immediate risk to public health, safety, or critical infrastructure, the Contractor must obtain prior approval from the City before commencing work outside of normal working hours.

Staffing and Crew Requirements
The Contractor shall maintain an adequate workforce to perform the services required under this Agreement.

Field work shall be performed by a crew consisting of at least two experienced and properly qualified employees unless otherwise approved by the City.

The Contractor shall ensure sufficient staffing is available to meet required emergency response timeframes.

Upon request, the Contractor shall provide a listing of employees assigned to a task order, including names, dates worked, and hours worked for each date.

Equipment Availability
The Contractor shall provide, with its Proposal, a list of equipment owned or otherwise immediately available for use in performing the Work. The Contractor shall ensure that all equipment is properly maintained, suitable for the intended work, and compliant with applicable safety regulations.

Subcontractors
If subcontractors are proposed, the Contractor shall include a list of subcontractors with the Proposal. The Contractor shall remain fully responsible for the performance, safety compliance, and legal compliance of all subcontractors.

The City reserves the right to request additional information or references for any proposed subcontractor.

Prevailing Wage Compliance
Work is subject to California prevailing wage requirements (see General Conditions).

Rates and Safety Equipment
All hourly rates and unit prices submitted shall be fully burdened and shall include supervision, overhead, profit, safety equipment, and all incidental costs necessary to complete the work.

For emergency work, hourly rates shall apply only to actual time spent performing work at the job site. Travel time shall not be compensable unless expressly authorized in writing by the City.

Site Investigation
Prior to the proposal due date, prospective Contractors may inspect City facilities and work locations to familiarize 6 themselves with site conditions. City representatives will be available to answer questions upon request.

III. DISCIPLINE A UTILITIES MAINTENANCE, REPAIR AND EMERGENCY SERVICES A. System Overview
system provides service to approximately 5,500 customers through approximately 68 miles of transmission and distribution pipeline ranging from 4 inches to 20 inches in diameter. Pipelines are constructed of cast iron, asbestos cement, PVC, reinforced concrete cylinder pipe, and cement mortar-lined and coated steel pipe. The water system also includes three (3) active wells, two (2) reservoirs, two (2) booster pump stations, and an imported water supply connection.

The wastewater collection system includes approximately 181,000 linear feet of gravity sewers, 15,000 linear feet of force mainlines, 780 manholes, and six (6) pump stations.

The storm water system includes approximately eight (8) miles of reinforced concrete pipelines, 230 catch basins, one (1) City-owned pump station, and related drainage infrastructure.

B. Contractor Qualifications and Licensing
Contractors proposing under this discipline must possess a valid California Class A (General Engineering) and/or C-34 (Pipeline) and C-42 (Sanitation System) issued by the Contractors State License Board at the time of proposal submittal and shall maintain the license for the duration of the Agreement.

C. Scope of Services
Under this discipline, the Contractor shall provide all labor, supervision, equipment, traffic control, materials, tools, safety equipment, and incidental work necessary to perform on-call maintenance and repair of water, wastewater, and stormwater infrastructure.

Work may include, but is not limited to, excavation and trenching, pavement removal and restoration, backfill and compaction, welding, removal and disposal of materials, traffic control implementation, and restoration of damaged improvements. Services may include installation, repair, and replacement of pipelines, valves, meters, vaults, manholes, pump station components, backflow devices, fire connections, catch basins, and related utility infrastructure.

Work may require temporary water service installation, sewer bypass pumping, dewatering, shoring, asbestos cement pipe handling and disposal, and regulatory compliance related to NPDES and other environmental requirements.

D. Construction and Field Requirements
Traffic Control
Traffic control shall be provided in accordance with the Special Provisions.

Protection of Existing Facilities and Property
7 The Contractor shall locate and protect all existing utilities, infrastructure, and adjacent public and private property during the performance of the Work. The Contractor shall coordinate with utility owners and comply with all utility notification requirements. Detailed requirements are provided in the Special Provisions.

Temporary Water Service
When maintenance or repair activities require interruption of existing water or sewer service, the Contractor shall provide, install, operate, and maintain temporary systems necessary to ensure continuity of service to affected customers. Temporary utility systems shall be installed and maintained in a safe and reliable manner and in compliance with applicable federal, state, and local regulations.

Where water service disruptions occur, the Contractor shall furnish and install temporary potable water service systems as necessary to maintain service, and shall comply with latest AWWA standards. Temporary systems may include above-ground piping, hoses, service connections, valves, and meters. All temporary water service systems shall be equipped with an approved backflow prevention device installed in accordance with the City Cross-Connection Control Policy Handbook (CCCPH) standards and applicable local regulations. Backflow prevention assemblies shall be properly installed and maintained for the duration of the temporary service to protect the potable water supply. All materials used for temporary water service shall be approved for potable water use and installed in a manner that protects the public and prevents damage from traffic or construction activities. Temporary water systems shall be properly secured, maintained throughout their use, and disinfected or flushed where required Utilities Division staff prior to being placed into service.

All temporary utility systems shall remain in service until permanent utilities have been restored. Upon completion of the work, the Contractor shall remove all temporary facilities and restore affected areas to their original or better condition.

Sanitary Sewer Overflow Prevention
Where sewer lines must be taken out of service, the Contractor shall provide temporary bypass pumping systems sufficient to maintain continuous wastewater conveyance and prevent sanitary sewer overflows.

Bypass systems shall be appropriately sized for anticipated flows and shall include pumps, piping, power supply, and backup equipment necessary to maintain uninterrupted operation. The Contractor shall monitor bypass systems during operation and respond promptly to any malfunction or failure. The Contractor shall maintain a minimum of one backup pump per operating pump, on site, throughout the duration of any sewage pumping procedure.

The Contractor shall be responsible for properly designing, installing, operating, and maintaining all temporary sewer bypass systems necessary to prevent sanitary sewer overflows during the performance of the Work.

The Contractor shall immediately notify the City of any bypass system failure, spill, or overflow condition. Any system shall be the responsibility of the Contractor, including all required containment, cleanup, reporting assistance, and restoration activities necessary to address the incident.

Shoring and Trench Safety
The Contractor shall provide all necessary trench protection systems, including shoring, shielding, sloping, or other protective measures, in accordance with applicable Cal-OSHA excavation safety regulations and all other relevant safety standards. Trench protection systems shall be designed, installed, maintained, and removed in accordance with regulatory requirements to ensure the safety of workers, the public, and adjacent improvements.
8 The Contractor shall be responsible for evaluating site conditions, including soil classification, groundwater conditions, trench depth, and surcharge loads, and selecting appropriate protective systems accordingly. All trenching and excavation operations shall comply with applicable safety regulations, and the Contractor shall ensure that excavation areas are properly secured and protected from hazards throughout the duration of the work.

Asbestos Cement Pipe
Existing utility infrastructure may include Asbestos Cement Pipe (ACP). When ACP is encountered, the Contractor shall perform all handling, removal, and disposal activities in accordance with applicable environmental and safety regulations. Personnel performing this work shall possess all required training and certifications.

Utility Damage Responsibility
The Contractor shall be responsible for any damage to existing utilities, facilities, or improvements resulting utility markings are approximate and are provided for informational purposes only. The Contractor shall verify utility locations as necessary and shall exercise due care during excavation and construction activities.

Any utilities, facilities, or improvements damaged by the Contractor shall be immediately reported to the City of the City and the utility owner.

Site Cleanup and Restoration
The Contractor shall maintain work areas in a clean, safe, and orderly condition at all times. Debris, excess materials, and waste generated during the Work shall be promptly removed and disposed of in accordance with applicable regulations.

Upon completion of the Work, the Contractor shall remove all equipment, temporary facilities, and construction materials from the site and shall restore all disturbed surfaces, including pavement, sidewalks, landscaping, and other improvements, to equal or better condition to the satisfaction of the City.

Stormwater Pollution Prevention
The Contractor shall comply with all applicable National Pollutant Discharge Elimination System (NPDES) stormwater regulations and permit requirements during the performance of the Work. The Contractor shall implement and maintain appropriate Best Management Practices (BMPs) to prevent sediment, debris, construction materials, and other pollutants from entering the storm drain system or nearby waterways. BMPs may include, but are not limited to, inlet protection, sediment control devices, spill prevention measures, proper material storage, and erosion control practices. The Contractor shall regularly inspect and maintain BMPs throughout the duration of the Work and shall promptly address any deficiencies or releases to ensure compliance with all applicable stormwater quality requirements.

IV. DISCIPLINE B ELECTRICAL MAINTENANCE AND REPAIR SERVICES A. Contractor Qualifications and Licensing
Contractors proposing under this discipline must possess a valid California Class A (General Engineering) and/or Class C-
9 B. Scope of Services
Under this discipline, the Contractor shall provide on-call electrical maintenance and repair services for municipal facilities and utility infrastructure, including wells, pump stations, lighting, and related infrastructure.

Services may include troubleshooting, repair, replacement, installation, testing, and inspection of electrical systems and components, including panels, controls, wiring, conduits, lighting systems, motors, pumps, transmission systems, and associated equipment necessary to maintain safe and reliable operations.

All electrical work shall comply with the National Electrical Code, California Electrical Code, Standard Specifications for Public Works Construction (latest edition), City standards and provisions, Caltrans Standard Specifications where applicable, and all Agencies Having Jurisdiction.

V. PRE-PROPOSAL QUESTIONS
For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact:

Sean Sabo
Management Analyst
Department of Public Works
211 Eighth Street
Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1431
The City will respond to all questions and requests for clarification received by April 13, 2026.

VI. SCHEDULE
The following dates reflect the anticipated schedule:

Request for Proposal Solicitation 3/31/2026
Pre-Proposal Question Deadline 4/28/2026
Proposal Submittal Deadline 5/6/2026, 2:00p.m.

Contractor Interviews (if conducted) May 2026
Contract Award by City Council June 2026
Notice to Proceed June 2026
VII. SUBMITTAL REQUIREMENTS
Acceptance of Submittals
Proposals are due by 2:00 PM on May 6, 2026 to the following. Postmarks will not be accepted.

Sean Sabo
Management Analyst
Department of Public Works
211 Eighth Street
10 Seal Beach, CA 90740
[email protected]
(562) 431-2527 ext. 1431
Please submit one (1) unbound original, two (2) bound hard copies, and one (1) electronic copy of the Contractor (s). Proposals received after the date and time listed above will not be accepted or considered for this Project.

Firms proposing to provide services in both disciplines (utilities and electrical) shall submit separate proposals for each discipline. Each proposal shall be complete and stand on its own, clearly identifying the applicable discipline.

There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or proprietary will be ineffective and will be disregarded.

The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor.

All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City.

Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18).

Information to be Submitted
Maximum page limit: 35 pages per proposal.

The following information shall be provided, at a minimum:

Cover Letter
Table of Contents
Company Qualifications
Local Staffing List
Understanding/Approach
References
List of Subcontractors
Sample Letter Proposal
Cost Proposal
Exceptions
Business Entity
Contract Signatories

Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, clearly identify the discipline being applied for,
this RFP.

Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided.
11 Company Qualifications: Provide a summary of the Contractor experience.

Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub-Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the and the Contractor manager.

Understanding/Approach: Describe the Contractor Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project.

Any task assumptions and/or exclusions shall be clearly identified.

References: Contractor should provide a minimum of five (5) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum:

Agency name
Scope of work and/or services provided, prime/sub-Contractor.

Project outcome
Construction value
Dates
Client project manager name, valid telephone number, and email List of Subcontractors: Contractor will be required to provide a list of subcontractors that it intends to use. each subcontractor, at a minimum. Subcontractor must comply with all applicable licensing requirements.

Sample Letter Proposal: Contractor will be required to submit a sample letter proposal providing a template of how the Contractor intends to respond to each Work request.

Fee & Cost Proposal: Contractors shall submit a separate Cost Proposal for each discipline for which they are proposing services. Contractors may submit proposals for one or both disciplines; however, each discipline shall include its own complete Cost Proposal and rate schedule submitted as part of a standalone proposal.

Fee & Cost Proposal for Discipline X On-Call
(Utilities or Electrical) Maintenance, Repair and Emergency Services identify the applicable discipline (Discipline A Utilities Maintenance and Repair Services and/or Discipline B Electrical Maintenance and Repair Services).

The Cost Proposal shall include proposed labor classifications, hourly labor rates, and equipment rates, necessary to perform the services described in this Request for Proposals.

Contractors may include additional labor classifications or equipment rates beyond those identified in Exhibit A if necessary to support the proposed services. Any additional classifications or rates shall be clearly identified in the submitted rate schedule.

The Method of Payment of the Contract will be Time and Material. 12 Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm.

Business Entity:

Clearly indicate the
registration number for the prime/sub-Contractor, and provide the Contractor and subinformation.

Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313.

VIII. FEE AND COST PROPOSAL
In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following:

1. Compensation for services, and any optional tasks, provided will be on a time-and-materials.

2. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year.

3. -timing, billing rates for all classifications of staff likely to be involved shall be included with the fee proposal along with the mark-up rate for any non-labor expenses and sub-Contractors. Any anticipated fee adjustments shall be clearly noted.

4. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor.

IX. INTERVIEW
Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from X. SELECTION PROCESS
Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation.
13 POTENTIAL EVALUATION CRITERIA

1. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration.

2. Qualifications & Experience (35 points)
a. Local Presence - respond in emergencies and
effectively conduct the .
b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub-Contractors to perform the work.
c. Quality of references from at least five (5) agencies the Contractor currently or have previously consulted for in the past five (5) years.

3. Organization & Approach (35 points)
a. requested Work.
b.
emergency and/or non-emergency Work.
c. services without the
compromise of quality, cost, and/or time.
d. -perform the requested Work, or form a quality sub-contracting team.
e. the nature of public sector work and its decision-making process.
f.

Maintenance Agreement.

4. Fee (30 points)
a. Fee & Cost proposal
b. Quality of sample letter proposal
The City reserves the right to determine whether or not a proposal meets the specifications and requirements requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non-emergency and pre-planned projects out for formal bidding.

All proposals received as specified will be evaluated by City staff in accordance with the abovementioned.

During the evaluation period, the City may do any or all of the following:
interviews with the top candidates; conduct onContractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations.
14 XI. SPECIAL PROVISIONS
(Applicable to All Disciplines Unless Otherwise Noted)

PERSONNEL
The Contractor shall furnish all labor necessary for the satisfactory performance of the Work described in this Agreement. All personnel assigned under this contract shall be properly trained, qualified, and experienced in performing the types of maintenance, repair, installation, inspection, and emergency response services required under this RFP.
a.

All employees shall adhere to professional standards of appearance and conduct while performing Work within the City. Personnel shall wear appropriate work attire and all personal protective equipment required by federal and state safety regulations. Clothing and gear shall be worn in accordance with applicable safety standards at all times.

The City reserves the right to require removal and replacement of any employee whose conduct, workmanship, or performance is deemed unsatisfactory, unsafe, or inconsistent with the requirements of this Agreement. b. Typical Tasks
Contractor personnel shall possess the necessary technical skills, certifications, and field experience to perform electrical, utility, and related maintenance and repair services as authorized under this Agreement. c. Licenses
At the time of proposal submittal and throughout the term of the Agreement, the Contractor shall possess and maintain all licenses required to perform the Work, including:
limited to:
o -
o - and,
Class - for utility maintenance and repair services;
and/or;
o
If selected, the Contractor shall maintain a valid City of Seal Beach business license for the duration of the Agreement.

All personnel operating vehicles or specialized equipment shall possess valid and appropriate California driver licenses and certifications as required by law.
d. Knowledge and Experience
of the electrical and/or utilities maintenance and repair industries, as applicable to the assigned Work. Personnel shall have sufficient experience to perform services safely, efficiently, and in full compliance with applicable codes, standards, and regulations.
15 EQUIPMENT
The Contractor shall furnish all equipment, tools, vehicles, materials, and incidentals necessary for the satisfactory performance of the Work.
a. Vehicle and Equipment Maintenance
All vehicles and equipment used in connection with this Agreement shall be maintained in safe, operable mechanical condition. Equipment shall comply with applicable safety regulations and shall be properly adjusted and maintained to ensure safe operation at all times.

The City reserves the right to prohibit the use of equipment deemed unsafe, improperly maintained, or unsuitable for the Work.
b. Storage of Equipment
The Contractor shall be responsible for providing appropriate storage facilities for equipment and materials.

Equipment shall not be stored within public rights-of-way or on City property without prior written authorization from the City.

SUPERVISION
The Contractor shall provide competent and continuous supervision of all Work performed under this Agreement.

A designated foreman or authorized representative shall oversee daily operations, ensure quality workmanship, maintain schedules, and ensure compliance with all safety, licensing, and contract requirements.

The designated supervisor shall:

Be available during active Work operations;
Serve as the primary point of contact for the City;
Coordinate scheduling and respond to service requests or complaints; and Ensure that all Work is performed in accordance with the Contract Documents.

Supervisory personnel shall have a minimum of five (5) years of relevant experience in electrical and/or utilities maintenance and repair, as applicable to the services being performed.

Failure to provide adequate supervision may result in corrective action, withholding of payment, or termination in accordance with the Agreement.

METHOD OF WORK
The Contractor shall furnish all labor, supervision, materials, tools, equipment, transportation, traffic control, Work shall be completed in place, in a professional and workmanlike manner, and in accordance with the Contract Documents.

The Contractor is solely responsible for means and methods of construction, maintenance, and repair operations, and shall perform all Work in a manner that ensures maximum safety to the public, City personnel, and Contractor staff.

All Work shall comply with all applicable federal, state, and local laws, regulations, codes, standards, and manufacturer specifications, including but not limited to Cal-OSHA requirements, applicable Building Codes, the 16 City of Seal Beach Municipal Code, and any Agency Having Jurisdiction (AHJ). Failure to comply may result in suspension of Work, termination of the Agreement, or other remedies available to the City.

The City reserves the right to stop Work, issue restraint or cease-and-desist orders, or require corrective action if unsafe practices, code violations, or contract noncompliance are observed.

The Contractor shall maintain all work sites in a safe condition and shall protect the Work until final acceptance by the City. Any hazardous or unsafe condition encountered that is not caused by the Contractor shall be immediately reported to the City in writing.

All debris, surplus materials, and waste shall be removed daily or as directed by the City and disposed of in accordance with applicable regulations. Upon completion, each site shall be left clean, safe, and in a presentable condition satisfactory to the City.

TRAFFIC CONTROL
The Contractor shall provide, install, and maintain all traffic control measures necessary to safely perform the Work and protect the public, workers, and adjacent properties. Traffic control shall be implemented in accordance with applicable City requirements and State standards, including the most current edition of the Work Area Traffic Control Handbook (WATCH Manual) and the California Manual on Uniform Traffic Control Devices (CA MUTCD), as applicable.

Traffic control measures may include, but are not limited to, signage, cones, barricades, delineators, temporary lane closures, flaggers, and pedestrian accommodations. The Contractor shall be responsible for maintaining traffic control devices in proper working condition for the duration of the Work and for adjusting traffic control as necessary to address changing site conditions and ensure safe passage for vehicles, bicyclists, and pedestrians.

Traffic control shall be implemented prior to commencement of Work and remain in place until completion and rates unless otherwise specified.

Failure to properly implement traffic control measures shall constitute grounds for immediate suspension of Work.

PROTECTION OF EXISTING FACILITIES AND PROPERTY
The Contractor shall contact DigAlert and obtain all required utility markings prior to commencing any excavation activities. The Contractor shall coordinate with all applicable utility owners to identify the location of existing underground and aboveground facilities and shall verify utility locations as necessary to safely perform the Work. The Contractor shall take all necessary precautions to avoid damage to existing utilities, structures, and improvements.

The Contractor shall also protect all public and private property not designated for removal or modification as part of the Work, including but not limited to utilities, streets, sidewalks, landscaping, irrigation systems, structures, and other improvement
repaired or restored to the satisfaction of the City and the property owner at no additional cost to the City. 17 Nothing contained herein shall be construed as granting the Contractor exclusive use or occupancy of any public right-of-way, street, easement, or City property. The Contractor shall conduct operations in a manner that minimizes interference with public travel, City operations, and adjacent property access, and shall maintain safe access for residents, businesses, and emergency services at all times.

COMMUNICATION AND EMERGENCY RESPONSE
The Contractor shall provide the City with emergency contact information for at least two (2) qualified representatives authorized to respond to emergency conditions at any time during the term of the Agreement.

During normal City business hours (7:30 A.M. to 5:30 P.M., Monday through Friday), the Contractor shall maintain personnel capable of directly responding to telephone and email inquiries. An answering service alone shall not satisfy this requirement.

For emergency requests, the Contractor shall mobilize and arrive on site within three (3) hours of notification unless otherwise directed by the City.

AUTHORIZATION OF WORK AND EMERGENCY RESPONSE
All work performed under this Agreement shall be on a task-by-task basis and requires written authorization from the City prior to commencement, except in documented emergency situations. When requested by the City, the Contractor shall submit a written proposal describing the proposed scope of work, estimated labor hours, required materials and equipment, and anticipated schedule. The City reserves the right to review, negotiate, and approve the scope and pricing before issuing written authorization or a Notice to Proceed. The Contractor shall perform only the work authorized, and any work performed without City authorization shall be at the In situations where immediate action is necessary to protect public health, safety, or critical infrastructure, the City may authorize the Contractor to proceed with emergency work without a prior written task order. In such cases, the Contractor shall perform the work on a time-and-materials basis in accordance with the approved rate schedule and shall provide detailed documentation of labor, equipment, and materials used. All emergency work shall be executed safely, efficiently, and in compliance with applicable laws, codes, and regulations.

This Agreement provides on-call services on an as-needed basis, and the City does not guarantee any minimum amount of work. The Contractor shall have no claim against the City for anticipated profits, overhead, mobilization, standby costs, or other damages

PROGRESS OF WORK
Time is of the essence. The Contractor shall prosecute the Work diligently and in an orderly manner and shall minimize service interruptions to the greatest extent feasible. Work at each location shall be completed prior to moving to another site unless otherwise approved by the City. Failure to make satisfactory progress may result in written notice to cure, withholding of payment, or termination.

CHANGES AND EXTRA WORK
The City reserves the right to modify, increase, decrease, or omit portions of the Work as deemed necessary.

Such modifications shall not invalidate the Agreement. Extra Work shall not be performed without prior written authorization, except where immediate action is necessary to protect public health or safety. 18 If unit prices are not applicable, compensation for Extra Work shall be based on actual labor costs, verified material costs, and a markup not to exceed fifteen percent (15%), unless otherwise negotiated and approved in writing by the City. All time-and-materials work shall include a written not-to-exceed amount.

INSPECTION AND ACCEPTANCE
All Work is subject to inspection by the City. Acceptance shall occur only after the City determines that the Work complies fully with the Contract Documents.

Acceptance of Work does not relieve the Contractor of responsibility for defective or nonconforming Work discovered within the applicable warranty or statutory period.

RECORDS, INVOICING, AND PAYMENT
Payment is subject to inspection and acceptance by the City. Contractors shall maintain detailed records of work performed, including dates, locations, quantities, and descriptions of services, and shall submit completed task documentation with each invoice.

The Contractor shall maintain complete and accurate records of all Work performed, including location, description, labor hours, materials, equipment used, and dates of service.

Signed Task Orders shall accompany each invoice. The Contractor shall retain all records for the duration of the Agreement and for three (3) years following its termination.

If deficiencies are identified, the Contractor shall correct them within twenty-four (24) hours of written notice unless otherwise directed by the City. Failure to correct deficiencies may result in withholding of payment, back charges, or other remedies available under the Agreement.

INSURANCE AND LICENSING
Prior to commencement of any work, the Contractor shall provide proof of insurance coverage in the types and insurance.

The Contractor shall maintain all required contractor licenses in good standing and shall obtain and maintain a valid City business license for the duration of the Agreement.

XII. GENERAL CONDITIONS
A. Signature
The Proposal shall be signed by an individual authorized to bind the Contractor.

B. Other Considerations:

The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP.
19 The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding to this RFP.

C. Business License Required
The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov.

D. Prevailing Wage
All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq.

Contractor agrees that all public work (as defined in California Labor Code section (1720) performed Labor Code sections 1770 et seq. City makes no representation or statement that the project or any In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or Contractor to pay not less
than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

The Department of Industrial Relations Registration Number shall be listed for the Contractor and each subcontractor, if any, in the bid proposal.
20 EXHIBIT A

FEE & COST PROPOSALS
21 FEE & COST PROPOSAL FOR DISCIPLINE A

ON-CALL UTILITIES MAINTENANCE, REPAIR AND EMERGENCY SERVICES (additional labor/material rates may be added as a separate attachment) MOBILIZATION COST (Normal Working Hours)
/TASK ORDER
MOBILIZATION COST (Non-Working Hours)
/TASK ORDER
MINIMUM CALL OUT (in dollars or hours, if applicable)

EQUIPMENT
NO. DESCRIPTION

UNIT OF

MEASURE UNIT PRICE DESCRIPTION
E1 Pick-Up Truck HOUR $
E2 Crew Truck HOUR $
E3 Flatbed Truck HOUR $
E4 Bed Trailer HOUR $
E5 Bobcat HOUR $
E6 Small Excavator HOUR $
E7 Medium Excavator HOUR $
22 E8 Large Excavator HOUR $
E9 Backhoe HOUR $
E10 Dump Truck/Super 10 HOUR $
E11 Truck and Pup HOUR $
E12 Water Truck HOUR $
E13 Vactor Truck HOUR $
E14 Sweeper HOUR $
E15 Wheel Loader HOUR $
E16 Skip Loader HOUR $
E17 Air Compressor w/Jack
Hammer HOUR $
E18 Hydraulic Breaker HOUR $
E19 Asphalt Paver HOUR $
E20 Concrete Mixer HOUR $
E21 Concrete Saw HOUR $
E22 Compaction Wheel HOUR $
E23 Wacker HOUR $
23 E24 Vibratory Compactor HOUR $
E25 Generator HOUR $
LABOR
NO. DESCRIPTION

STANDARD OVERTIME DOUBLE TIME
L1 Superintendent $ $ $
L2 Project Manager $ $ $
L3 Foreman/Operator $ $ $
L4 Foreman/Laborer $ $ $
L5 Operator $ $ $
L6 Laborer $ $ $
L7 Welder $ $ $
L8 Teamster $ $ $
L9 Pipelayer $ $ $

ADJUSTMENTS
Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 24 FEE & COST PROPOSAL FOR DISCIPLINE B

ON-CALL ELECTRICAL MAINTENANCE, REPAIR AND EMERGENCY SERVICES (additional labor/equipment/material rates may be added/clarified with a separate attachment) MOBILIZATION COST (Normal Working Hours)
/TASK ORDER
MOBILIZATION COST (Non-Working Hours)
/TASK ORDER
MINIMUM CALL OUT (in dollars or hours, if applicable)
LABOR
NO. DESCRIPTION

STANDARD OVERTIME DOUBLE TIME
L1 Electrician $ $ $
L2 Journeyman $ $ $
L3 Helper/Apprentice
(non-Journeyman)
$ $ $
L4
L5
L6
L7
25 EQUIPMENT
NO. DESCRIPTION UNIT PRICE
E1 Truck $
E2 Trailer $
E3 Power Generator $
E4 Forklift $
E5 $

ADJUSTMENTS
Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 26 EXHIBIT B

SAMPLE CONTRACT

MAINTENANCE SERVICES AGREEMENT
for
On-Call (Utilities or Electrical) Maintenance and Repair Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
<Contractor Name>
<Address>
<City, State, Zip Code>
<Phone Number>
This Maintenance Services <DATE> (the
<CONTRACTOR LEGAL NAME> Contractor
<TYPE OF LEGAL ENTITY AND STATE OF FORMATION (e.g., a California corporation, partnership, limited liability company, sole proprietorship, etc.)> and 2 of 19

RECITALS
A. City desires certain on-call emergency and unexpected task (utilities or electrical) maintenance and repair services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals on <DATE>, titled -Call Utilities and Electrical Maintenance, Repair and Emergency Contractor submitted a proposal dated <DATE> in response to the RFP.

C. Contractor represents that the principal members of its firm are qualified California licensed contractors <License #XXXXX, DIR XXXXXXX> and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Strictly on an on-call basis, Contractor shall provide those (utilities or electrical) maintenance and related repair in
the Request for Proposals attached hereto as Exhibit A
Proposal attached hereto as Exhibit B, and incorporated herein by this reference.

To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder.

1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake 3 of 19
the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor
and professional manner, and Contractor and Contractor
Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor work by the City shall not operate as a release of Contractor from such standard of care and workmanship.

1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years
expire at midnight on <DATE>, unless sooner terminated or extended as provided by this Agreement.

2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up two additional terms one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from <DATE> through and including <DATE>, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from <DATE> through and including <DATE>, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and

3.0 Contractor

3.1. In consideration the Services set
forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not-to-exceed amount of $_____ (____ dollars and 00/100) <TOTAL CONTRACT AMOUNT> for the <Original> Term.

3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in 4 of 19
Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the <Original> Term.

3.3. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, i
performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not-to-exceed amount of $____________ (_______ dollars) <MAXIMUM DOLLAR AMOUNT PAYABLE FOR EACH EXTENDED TERM> for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award.

4.0 Method of Payment

4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor.

4.2. Upon 24-hour notice from City, Contractor
agents or representatives to inspect at Contractor
business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor
under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.

5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives
5 of 19

6.1. Agreement.

6.2. <NAME> is the Contractor's primary representative for purposes of this Agreement. <NAME> shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: <Contractor>
<Address>
City, State, Zip Code>
Attn: <Contractor Representative>

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Contractor and all of Contractor shall obtain
and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor personnel under Contractor supervision. Contractor will determine the means, methods, and details by which Contractor employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work 6 of 19
performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Contractor personnel performing any
of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor not supervise any of employees supervise Contractor
personnel. Contractor
badge, identification number, or other information identifying such individual as an employee of City; and Contractor -mail
address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor
review plans on file at City, pick up or deliver any work product related to Contractor any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor personnel in connection with their performance of any Services under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all 7 of 19
liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor . or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor
shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall ,
commencing at Government Code § 20000, as amended by the Public the regulations of
PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor ny provisions of this Section 10.0. This duty of indemnification is in addition to Contractor
harmless as set forth in any other provision of this Agreement. Contractor indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Contractor covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information & developed or
8 of 19
received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court Contractor gives City notice of
such court order or subpoena.

11.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor
or mean the right by City to control, direct or rewrite the response.

11.3. Contractor s under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents Data &
Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Contractor shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written 9 of 19
Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a Data & Documents is violating federal, state or
local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors.

14.0 Prohibition Against Assignment or Delegation
Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this assignment
hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
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15.0 Inspection and Audit of Records
Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.

17.0 Insurance

17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or 11 of 19
other form with a 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: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto)..

17.2.3. Insurance in the amount required
for bodily injury or disease;

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, 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 Contractor or for which the Contractor is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior 12 of 19
written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials.

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor expense, the premium thereon. Contractor shall promptly reimburse 13 of 19
City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. 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 City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on All certificates and endorsements
shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor full performance of Contractor o indemnify City under Section 18.0.

17.13. Broader Coverage/Higher Limits. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Contractor .

18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as in
this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of any nature whatsoever, in 14 of 19
law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the Liabilities
alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities
Contractor shall
reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.1.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor
subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor
the legal liability thereof) in the performance of this Agreement, including the Liabilities arising from the
sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.3. Not Limiting. Contractor
indemnification obligations under this Section, or any other provision of this mpensation
act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.
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18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.5. Survival of Terms. Contractor indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination Equal Employment Opportunity
Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20.0 Labor Certification
By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be -insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, Contractor
shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

22.0 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 16 of 19
agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California 17 of 19
Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor
ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Contractor shall review of Contractor plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any 18 of 19
retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction.

30.0 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 Services beyond the current fiscal year, this Agreement shall cover payment for Contractor 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.

31.0 Mutual Cooperation

31.1. . City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor

31.2. Contractor . In the event any claim or action is
brought against City relating to Contractor
under this Agreement, Contractor shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' 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 therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
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The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Patrick Gallegos, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Nicholas Ghirelli, City Attorney
CONTRACTOR: <Contractor>, a
<INSERT TYPE OF ENTITY (e.g., a
California corporation>
By: __________________________
Name: __
Its:

By: __________________________
Name: ___
Its:
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

EXHIBIT A
Request for Proposals
for
On-Call (Utilities or Electrical) Maintenance and Repair Services

EXHIBIT B
s Proposal

EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the Contractor acknowledges that this
Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by Contractor shall comply with and be bound by
all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor
compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City.

10. Contractor
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before

12. For every subcontractor who will perform work on the project, Contractor shall be Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor
officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment duties of Contractor under this Section shall survive the termination of the Agreement.

EXHIBIT B
Contractor’s Proposal
1298 Pacific Oaks Place
Escondido, CA 92029
760.745.2001 Tel
760.745.3610 Fax