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HomeMy WebLinkAboutAgena Packet_03082021•F •SE At '•. A G E N D A � iss MEETING OF THE CITY COUNCIL Monday, March 8, 2021 - 7:00 PM ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE JOE KALMICK MAYOR First District MIKE VARIPAPA MAYOR PRO TEM Third District SCHELLY SUSTARSIC COUNCIL MEMBER Fourth District THOMAS MOORE COUNCIL MEMBER Second District SANDRA MASSA-LAVITT COUNCIL MEMBER Fifth District This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City's website at www.sealbeachca.gov. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www. seal beachca.gov). Check the SBTV3 schedule for rebroadcast of — meetings are available on - demand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990, if you require disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting. NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY COUNCIL MEETING To comply with Governor Newsom's Executive Order N-29-20 and the Amended Order and Guidance of the Orange County Health Officer issued March 18, 2020 the City of Seal Beach hereby gives notice of the "means by which members of the public may observe the meeting and offer public comment" for the City Council meeting on March 8, 2021. Due to the need for social distancing and the prohibition on public gatherings set forth in the County Health Officer's Order, all participation in the above - referenced Meeting will be by teleconference for the Members of the City Council and staff. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. PUBLIC COMMENT: Members of the public may submit comments on any item ON this City Council meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings . All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to City Council. Email comments received after that time will be posted on the City's website and forwarded to the City Council after the meeting. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER COUNCIL ROLL CALL APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. PRESENTATIONS / RECOGNITIONS Seal Beach COVID-19 Local Emergency Review Police Department Technology Project Update Retirement Recognition of Water Operator Mike Uggla PUBLIC COMMUNICATIONS (VIA EMAIL ONLY) At this time members of the public may address the Council regarding the items on this City Council agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings before 6 pm on March 8, 2021. Comments provided via email will be posted on the City website for review by the public. Any documents for review should be sent to the City Clerk prior to the meeting for distribution. CITY ATTORNEY REPORT Craig A. Steele, City Attorney CITY MANAGER REPORT Jill R. Ingram, City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS - None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A. Approval of the February 22, 2021 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on February 22, 2021. B. Demands on City Treasury (Fiscal Year 2021) — March 8, 2021 - Ratification. C. Second Reading and Adoption of Ordinance 1688 - That the City Council adopt Ordinance 1688 titled "Ordinance 1688 of the Seal Beach City Council amending Section 9.30.020 of Chapter 9 of Title 9 of the Seal Beach Municipal Code relating to sewer charges." D. Notice of Completion for FY 2019-2020 Arterial Street Resurfacing Program, CIP ST2003 - That the City Council adopt Resolution 7116: 1. Accepting the FY 2019-2020 Arterial Street Resurfacing Program, CIP ST2003 by All American Asphalt of $208,785.40; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. E. Awarding and Authorizing the City Manager to Execute Professional Services Agreements with T.E. Roberts, Inc., Valverde Construction, Inc., and W.A. Rasic Construction Company, Inc. for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services - That the City Council adopt Resolution 7117: 1. Approving and awarding a professional services agreement with T.E. Roberts, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three-year term; and, 2. Approving and awarding a professional services agreement with Valverde Construction, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three-year term; and, 3. Approving and awarding a professional services agreement with W.A. Rasic Construction Company, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three-year term; and, 4. Authorizing and directing the City Manager to execute the Agreements; and, 5. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $100,000 per additional term. F. Legislative Advocacy: Opposition to Senate Bill 9 - That the City Council oppose Senate Bill 9, which proposes to require local governments to ministerially approve a housing development containing two residential units and urban lot splits and authorize the Mayor to communicate the position as appropriate. G. Approving the Mid -Year Budget Amendment 21-09-01 and Amending the Fiscal Year 2020-2021 Cost Recovery Schedule for Junior Lifeguard Program Fees - That the City Council adopt: 1. Resolution 7118 to approve Budget Amendment BA 21-09-01 to increase the various budgeted amounts as detailed in the resolution; and, 2. Resolution 7119 amending the Fiscal Year 2020-2021 Cost Recovery Schedule to amend the rates for the junior lifeguard program. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING — None UNFINISHED / CONTINUED BUSINESS — None NEW BUSINESS — None CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager and Assistant City Manager Employee Organization (s): Police Officers Association Police Management Association ADJOURNMENT Adjourn the City Council to Monday, March 22, 2021 at 5:30 p.m. to meet in closed session, if deemed necessary. i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: March 8, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Approval of the February 22, 2021 City Council Minutes SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on February 22, 2021. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. Agenda Item A RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on February 22, 2021. SUBMITTED BY: Gloria D. Harper Gloria D. Harper, City Clerk Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session B. Minutes - Regular Session Page 2 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Seal Beach, California February 22, 2021 The City Council met in Closed Session at 5:30 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Sustarsic, Massa-Lavitt, Moore Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Philip L. Gonshak, Chief of Police Les Johnson, Community Development Director Gloria D. Harper, City Clerk Kelly Telford, Director of Finance/City Treasurer Steve Myrter, P.E., Director of Public Works ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that no supplemental communications were received. Mayor Kalmick then closed oral communications. CLOSED SESSION A. Conference with Chief of Police and City Attorney regarding potential threats to the security of public facilities and essential public services posed by the spread of the COVID-19 virus pursuant to Government Code §54957(a). B. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager and Assistant City Manager Employee Organization (s): Police Officers Association Police Management Association NOTE: Police Chief Gonshak was not present for this portion of the meeting and did not participate in the discussion of Item B. C. CONFERENCE WITH LEGAL COUNSEL Significant exposure to litigation pursuant to Government Code §54956.9(d)(2) One (1) potential case ADJOURNMENT Mayor Kalmick adjourned the Closed Session meeting at 6:58 p.m. Approved: Attested: Joe Kalmick, Mayor Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk City of Seal Beach Seal Beach, California February 22, 2021 The City Council met in Regular Session at 7:05 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Philip L. Gonshak, Chief of Police Joe Bailey, Chief, Marine Safety Department Steve Myrter, P.E., Director of Public Works Les Johnson, Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Ron Roberts, Orange County Fire Authority, Fire Division Chief APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced that four (4) supplemental communications were received after posting of the agenda regarding various agenda items that were distributed to City Council and made available to the public. Mayor Pro Tem Varipapa moved, second by Council Member Sustarsic, to approve the agenda. City Clerk Harper took a roll call vote to approve the agenda. AYES: Kalmick, Varipapa, Moore, Sustarsic, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried PRESENTATIONS / RECOGNITIONS • Seal Beach COVID-19 Local Emergency Review • Fiscal Year 2020-2021 Mid -Year Budget Review • Lunar New Year "The Year of the Ox" Proclamation — February 12, 2021 ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that two (2) email communications were received and distributed to Council via email and uploaded to the City's website. Mayor Kalmick then closed oral communications. CITY ATTORNEY REPORT City Attorney Steele reported that prior to the meeting City Council met in Closed Session to discuss the three items posted on the agenda and indicated the City Council took no reportable action. CITY MANAGER REPORT City Manager Ingram reported that in follow-up to the City's Strategic Planning meeting last March, staff made several improvements to the budget document for the 2020-21 fiscal year. For the first time, our Finance department submitted for both the Government Finance Officers Association Distinguished Budget Presentation Award and the California Society of Municipal Finance Officers Association Operating Budgeting Excellence Award. City Manager Ingram proudly announced that the City has received both of these awards for the first time for our Fiscal Year 2020-21 Budget. The City continues to make additional enhancements to the budget document during this next cycle for Fiscal Year 2021-22, and she looks forward to submitting for these awards in the future. She personally thanked and commended the Executive Team for their personal contributions and dedication to the enhancements of our budget document, and especially Finance Director Kelly Telford and her team, including Finance Manager Alayna Hoang and Accountant Louis Li. COUNCIL COMMENTS Mayor Pro Tem Varipapa attended a virtual Coffee with a Cop and indicated that it was very well run noting there were over seventy participants. He indicated he has received a number of emails regarding kids bike riding in Gum Grove Park, and the City has committed to regular patrolling of the park in hopes of minimizing the issue. Council Member Moore commended Leisure World executive director Randy Ankeny and his staff for facilitating the administration of over 4,000 vaccines to residents of Leisure World. He reported he attended the virtual Water and Sewer Rate Town Hall meeting and found it to be very well organized and informative. Council Member Massa-Lavitt indicated she attended an Orange County Vector Control District meeting where they provided information on fleas and typhus active in the spring and summer. She indicated they will be testing in storm drains in the near future. On March 25, 2021, there will be a virtual tour of the Orange County Vector Control District. Additionally, she attended an operations meeting for the Orange County Sanitation District. Council Member Sustarsic indicated she attended the Water and Sewer Rate Town Hall meeting and thanked staff for facilitating this webinar. Additionally, she attended a meeting with the Strategic Planning meeting consultant, Seal Beach Chamber of Commerce webinar, West Orange County Water Board meeting where they presented their budget, virtual tour of Orange County Sanitation District, and a League of California Cities meeting. Council Member Sustarsic sends her condolences to Paul Christianson's family and friends, as Mr. Christianson recently passed away and was a long-time CPE resident and Tree Advisory Board Member. Mayor Kalmick indicated he attended the weekly Mayors call with the County CEO and Dr. Chau, Orange County Health Care Agency Director and County Health Officer, regarding updates related to COVID-19 and the vaccine, noting there is a facility offering vaccines by appointment only at the CVS on Pacific Coast Highway in Seal Beach. COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR Council Member Moore moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar. A. Approval of the February 8, 2021 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on February 8, 2021. B. Demands on City Treasury (Fiscal Year 2021) — February 22, 2021 - Ratification. C. Monthly Investment Report — January 31, 2021 - Receive and file. D. City of Seal Beach Biennial Conflict of Interest Code Update - That the City Council adopt Resolution 7111 amending the City's Conflict of Interest Code (Code) and acknowledge no changes to Conflict of Interest Codes for the Public Financing Authority ("Authority") and the Successor Agency to the Seal Beach Redevelopment Agency ("Agency"). E. Notice of Completion for FY 2020-2021 Annual Slurry Seal Program, CIP ST2101 - That the City Council adopt Resolution 7112: 1. Accepting the FY 2020-2021 Annual Slurry Seal Program, CIP ST2101 by All American Asphalt in the amount of $212,895.67; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. F. Professional Services Agreement with Michael Baker International to Complete Preparation of a Local Coastal Program - That the City Council adopt Resolution 7113, approving and authorizing the City Manager to execute the Professional Services Agreement with Michael Baker International to complete preparation of the Local Coastal Program for the not to exceed amount of $117,213. City Clerk Harper took a roll call vote to approve the consent calendar items. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING G. Proposition 218 Protest Public Hearing — Water Rate And Wastewater Rate Adjustments - If written protests are not presented by a majority of owners of the identified parcels, it is recommended that City Council consider the following: 1. Adoption of Resolution 7114 to set municipal water rates effective May 1, 2021; and, 2. Introduction by First Reading by title only and waive further reading of Ordinance 1688 the Seal Beach City Council Amending Section 9.30.130.020 of Chapter 9 of Title 9 of The Seal Beach Municipal Code relating sewer rates; and, 3. Adoption of Resolution 7115 to set sewer charges effective May 1, 2021. City Manager Ingram introduced this item indicating that staff is recommending approval of the proposed rates. She indicated this process has been an ongoing Council priority and Strategic Plan objective since 2015, and more recently has been a key priority of the Public Works department since early 2019. She noted the process has been especially challenging during the pandemic, but the City team is confident that the results of this study are fair, equitable and will help ensure the stability of the City's water and sewer systems. She introduced the City team; Public Works Director, Steve Myrter, consultant from Raftelis, Steve Gagnon, and Finance Director, Kelly Telford, who will present the final results of the study, which includes the recommendations before you tonight. City Manager Ingram addressed some questions that have come up about the City paying its own water bills, and as the Finance Director has been messaging, the City has been diligently reviewing information to determine the City's historical practice regarding water bills for City facilities. As a result of Director of Finance/City Treasurer Telford's efforts, under City Manager Ingram's direction, the City hired Lacy Willis with Willis Consulting, an independent consulting firm, to independently evaluate these concerns. Ms. Willis is a Certified Public Accountant, has a Juris Doctorate Degree, and is the Director of the Masters Accounting Program at Chapman University. Ms. Willis has the education, expertise, and experience in conducting these kinds of independent financial reviews. City Manager Ingram indicated she asked Ms. Willis to take a critical look at the City's past practices with regard to the payment of City utilities, and whether or not those payments have been made. Once the report is finalized, staff will come back to the Council with recommendations as a result of the consultant's findings, but she assured the Council and the community that the City will be paying its utility bills from the beginning of the current fiscal year, July 1, 2020 moving forward. City Manager Ingram thanked the entire staff team who has been tirelessly working on this effort on the City's behalf over the past few years, especially over the last several months, including Public Works Director Steve Myrter, Finance Director Kelly Telford, and Raftelis Water/Sewer Rate Project Manager Steve Gagnon. Public Works Director Steve Myrter provided a comprehensive presentation on the staff report. Council Member questions were addressed by Director of Finance/City Treasurer Telford, Raftelis Water/Sewer Rate Project Manager Steve Gagnon, and Director of Public Works Steve Myrter. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to adopt Resolution 7114 to set municipal water rates effective May 1, 2021. City Clerk Harper took a roll call vote. AYES: Kalmick, Varipapa, Sustarsic, Massa-Lavitt NOES: Moore ABSENT: None ABSTAIN: None Motion carried Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to introduce by First Reading by title only and waive further reading of Ordinance 1688 the Seal Beach City Council Amending Section 9.30.130.020 of Chapter 9 of Title 9 of The Seal Beach Municipal Code relating sewer rates. City Clerk Harper took a roll call vote. AYES: Kalmick, Varipapa, Sustarsic, Massa-Lavitt NOES: Moore ABSENT: None ABSTAIN: None Motion carried Council Member Sustarsic moved, second by Mayor Pro Tem Varipapa, to adopt Resolution 7115 to set sewer charges effective May 1, 2021 City Clerk Harper took a roll call vote. AYES: Kalmick, Varipapa, Moore, Sustarsic, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Kalmick adjourned the City Council meeting 9:48 p.m. to Monday, March 8, 2021 at 5:30 p.m. to meet in closed session, if deemed necessary. Approved: Attested: Joe Kalmick, Mayor Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk City of Seal Beach City of Seal Beach Fiscal Year 2021 Warrant Listing for Council Meeting 3-08-2021 Approve by Minute Order Demands on Treasury: Warrants-A/P: Checks 18694 -18836 Payroll: Payroll Direct Deposit Payroll State & Federal Taxes ICMA CalPERS Pension City of Seal Beach Flex Spending Total Payroll: $ 1,099,251.28 $ 1,099,251.28 Year -to -Date $ 362,145.11 $ 108,110.42 $ 23,01497 $ 114,023.57 $ 1,570.48 $ 608,864.55 Year -to -Date Note: Year-to-date amounts are actual cash disbursements and do not reflect actual expenditures due to year-end accruals. Respectfully submitted by: Kelly Teln , CPA Date Director of Finance/City Treasurer $ 24,478,371.03 $ 11,292,268.68 City of Seal Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Check Amount Check No: 18694 Check Date: 02/18/2021 Vendor: ABB05 Charles Abbott Associates, Inc 62092 Filemaker Permitting Software -Jan 2021 01/31/2021 1,000.00 62001 Filemaker Permitting Software -Dec 2020 12/31/2020 1,000.00 Check Total: 2,000.00 Check No: 18695 Check Date: 02/18/2021 Vendor: a1101 All American Asph./Aggregates 192224 Annual Slurry Seal Program \ Annual Slur 12/16/2020 212,895.67 192224 Retention 12/16/2020 -10,644.78 192679 Arterial St Resurface Prog \ Arterial St 01/20/2021 25,370.52 192679 Retention 01/20/2021 -1,268.53 1057807 Class F Sheet 01/20/2021 179.40 1058239 Class F Sheet 01/27/2021 171.05 1053820 1/2" Fine PG 64-10 12/03/2020 317.13 1056586 Class F Sheet 01/07/2021 95.08 Check Total: 227,115.54 Check No: 18696 Check Date: 02/18/2021 Vendor: ame73 American Elevator Services Inc S124051 Services Jan 2021 02/01/2021 90.00 Check Total: 90.00 Check No: 18697 Check Date: 02/18/2021 Vendor: APL APLPD HOLDCO INC. & Subsidiary OGCT000474 Services 2-9 to .3-8-2021 02/08/2021 287.30 Check Total: 287.30 Check No: 18698 Check Date: 02/18/2021 Vendor: AQUA01 Aqua -Metric Sales Company INVO080902 30 each, Touch read housing assembly 01/27/2021 948.94 INVO080902 Six (6) each, 1" Iperl Touch read meter 01/27/2021 1,662.28 INVO081043 Annual Citywide H2O Meter Repl \ Annual 02/03/2021 3,820.39 Check Total: 6,431.61 Check No: 18699 Check Date: 02/18/2021 Vendor: ARA05 Aramark Uniform Services 5890000660 Floor mat service (City Hall & City Yard 02/04/2021 49.14 5890000583 Floor mat service (City Hall & City Yard 01/21/2021 55.34 5890000660 Floor mat service (City Hall & City Yard 02/04/2021 49.13 5890000624 Floor mat service (City Hall & City Yard 01/28/2021 49.13 5890000624 Floor mat service (City Hall & City Yard 01/28/2021 49.14 5890000624 Floor mat service (City Hall & City Yard 01/28/2021 55.34 5890000624 Floor mat service (City Hall & City Yard 01/28/2021 55.34 5890000660 Floor mat service (City Hall & City Yard 02/04/2021 55.34 5890000660 Floor mat service (City Hall & City Yard 02/04/2021 55.34 5890000583 Floor mat service (City Hall & City Yard 01/21/2021 49.13 5890000583 Floor mat service (City Hall & City Yard 01/21/2021 49.14 5890000583 Floor mat service (City Hall & City Yard 01/21/2021 55.34 Check Total: 626.85 Check No: 18700 Check Date: 02/18/2021 Vendor: ARD Ardurra Group Inc. 8567 SB Ocean Place Insp. Through 8-29-20 09/08/2020 7,943.00 8726 SB Ocean Place Insp. Through 10-31-2020 11/10/2020 3,098.00 8653 SB Ocean Place Insp. Through 9-26-2020 10/06/2020 4,759.00 Check Total: 15,800.00 Check No: 18701 Check Date: 02/18/2021 Vendor: BAY08 Bay Hardware 353871 Key Cutting 12/30/2020 4.34 353615 Key Cutting 12/12/2020 10.05 354200 Gloves/ Towels/ Tape Measure 01/25/2021 66.54 354215 Credit- 354172 01/26/2021 -1.23 354256 Screws/ Nuts/ Bolts/ Anchors 01/27/2021 2.44 354257 Screws/ Nuts/ Bolts / Anchors 01/27/2021 4.53 994293 Hex Bolts 02/01/2021 76.30 354277 Medium Duty Blue Tarp 01/28/2021 47.83 354263 Screws/ Nuts/ Bolts 01/28/2021 16.88 Page 1 City of Seal Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail SEALBEACHI 2002-01 Heron Point 2015 Bond 02/08/2021 SEALBEACHI 2002-01 Heron Point 2015 Bond Check Amount 354278 Photo Battery 01/28/2021 14.68 354150 Key Cutting 01/20/2021 5.02 354086 PVC Quick Connector 01/14/2021 7.42 354089 Silicone Glue/ Caulk/ Gripper Gloves 01/14/2021 90.80 354087 Hammer Bits 01/14/2021 20.53 354201 Flat Washer/ Hex Nuts 01/25/2021 18.97 353872 Flaring Tool/ Marking Paint/ Elec Tape 12/30/2020 38.27 353716 Towels/ Spray Paint/ Hand Soap 12/18/2020 103.87 353417 Water Heater Pan 12/01/2020 14.67 353413 Undereave Vent 12/01/2020 7.42 353560 Sillcock 12/10/2020 10.76 353430 Light Control/ Bit Set 12/02/2020 51.05 353882 Screws Driver/ Power Bit/ Drill Tap 12/31/2020 92.74 353869 Lighted Cord 12/30/2020 43.47 353873 Mouse Trap/ Rodent Bait/ Batteries 12/30/2020 18.56 354236 AA Batteries 01/27/2021 9.77 354174 Latch Bar/ Screws/ Nuts/ Bolts 01/22/2021 39.00 354172 Metal Cutting/ Smart Straw 01/22/2021 42.86 354159 Lube/Towels 01/21/2021 20.28 354152 Spray Paint/ Dremel/ Screws/ Nuts 01/20/2021 38.93 353200 Metal Sea] 11/18/2020 5.86 353561 Utility Knife/ Rope 12/10/2020 39.75 353682 Staples 12/15/2020 9.28 354301 Metal Grinding 01/29/2021 5.86 354391 Screws/ Nutys/ Screws 02/04/2021 1.28 354393 Scrrews/ Nuts/ Bolts 02/04/2021 2.39 Check Total: 981.17 Check No: 18702 Check Date: 02/18/2021 Vendor: BCR BC Rentals, LLC 0057053-1N Ten (10) each, Straw Wattle 9" x 25' 02/04/2021 198.47 Check Total: 198.47 Check No: 18703 Check Date: 02/18/2021 Vendor: BENT l TASC - Client Invoice IN 1948094 Services Dec 2020 01/08/2021 150.00 IN1943751 ACA Employer Reporting Jan 2021 01/01/2021 215.18 IN1943751 ACA Reporting 2021 01/01/2021 1,582.00 Check Total: 1,947.18 Check No: 18704 Check Date: 02/18/2021 Vendor: BNY01 The Bank of New York Mellon SEALBEACHI 2002-01 Heron Point 2015 Bond 02/08/2021 SEALBEACHI 2002-01 Heron Point 2015 Bond 02/08/2021 SEALBEACHI 2005-01 CFD 2016 Bomd 02/08/2021 SEALBEACHI 2005-01 CFD 2016 Bomd 02/08/2021 Check No: 18705 Check Date: 02/18/2021 Vendor: BNY01 The Bank of New York Mellon 252-235673 Communitity Fac 1-27-21 to 1-26-22 01/27/2021 Check No: 18706 Check Date: 02/18/2021 Vendor: BOLIN Nicholas Bolin 2.01.2021 Reimb EMT Certification Fees 02/01/2021 Check No: 18707 Check Date: 02/18/2021 Vendor: BOUO2 Bound Tree Medical, LLC 83938409 N95 Particulate Respirator 02/02/2021 Check No: 18708 Check Date: 02/18/2021 Vendor: BPB BP Builders W21027 Overpayment for Bus. Lic. Rec 578916 02/01/2021 Check Total: Check Total: Check Total; Check Total: Check Total: 51,478.13 -561.38 118,625.01 -1,532.53 168,009.23 2,000.00 2,000.00 Page 2 198.31 198.31 108.86 108.86 10.00 10.00 City of Seal Beach Accounts Payable User:vrodriguez Checks by Date - Detail By Check Date Check No: 18709 Check Date: 02/18/2021 Vendor: BRI02 Briggeman Disposal W21031 Refuse Contract Billing Jan 2021 02/03/2021 Check Total: Check No: 18710 Check Date: 02/18/2021 Vendor: bri15 BrightView Tree Care Services 7170899 Tree Maintenance Services Check No: 18711 Check Date: 02/18/2021 Vendor: cab10 Cabco Yellow Inc 1520021 Servicesd Jan 2021 Check No: 18712 Check Date: 02/18/2021 Vendor: CAP12 CAPPO 2021-2022 Membership Renewal 3-1-21 to 2-28-22 Check No: 18713 Check Date: 02/18/2021 Vendor: CIN04 Cintas Corporation # 640 4073901293 Uniform Services 1-25-2021 4073901293 Uniform Services 1-25-2021 4073901293 Uniform Services 1-25-2021 4074563107 Uniform Services 2-1-2021 4073901293 Uniform Services 1-25-2021 4073901293 Uniform Services 1-25-2021 4073901293 Uniform Services 1-25-2021 4073299686 Uniform Services 1-25-2021 4073299686 Uniform Services 1-25-2021 4073299686 Uniform Services 1-25-2021 4073299686 Uniform Services 1-25-2021 4073299686 Uniform Services 1-25-2021 4073299686 Uniform Services 1-25-2021 4074563107 Uniform Services 2-1-2021 4074563107 Uniform Services 2-1-2021 4074563107 Uniform Services 2-1-2021 4074563107 Uniform Services 2-1-2021 4074563107 Uniform Services 2-1-2021 Check No: 18714 Check Date: 02/18/2021 Vendor: CIT47 City of Long Beach 1.14.2021 Citation Revenue 1.14.2021 Services Oct to Dec 2020/ 2nd Quarter 1.14.2021 License Revenue Check No: 18715 Check Date: 02/18/2021 Vendor: CIT55 City of Tustin 2021 OCHRC 2021 Membership Check No: 18716 Check Date: 02/18/2021 Vendor: CLI06 Climatec LLC 955010984 AC Unit control service at City Yard bre Check No: 18717 Check Date: 02/18/2021 Vendor: crow Dan Chapman 1702 Repair old gate at park Check No: 18718 Check Date: 02/18/2021 Vendor: COL36 CMY 1.27.2021 Services Jan 2021 12/29/2020 01/31/2021 02/05/2020 01/25/2021 01/25/2021 01/25/2021 02/01/2021 01/25/2021 01/25/2021 01/25/2021 01/18/2021 01/18/2021 01/18/2021 01/18/2021 01/18/2021 01/18/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 01/14/2021 01/14/2021 01/14/2021 02/10/2021 01/22/2021 01/21/2021 01/27/2020 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total. Check Total: Check Total: Check Total: Printed: 02/26/2021 11:09 Detail Check Amount 136,222.52 136,222.52 49,725.00 49,725.00 4,257.00 4,257.00 130.00 130.00 18.13 29.08 34.77 4.71 4.79 9.01 4.71 34.77 18.13 4.79 9.01 4.71 83.90 29.08 34.77 18.13 4.79 9.01 356.29 -100.00 43,960.00 -31,566.00 12,294.00 75.00 75.00 445.00 445.00 550.00 550.00 3,735.60 3,735.60 Page 3 City of Seal Beach Accounts Payable User:vrodriguez Checks by Date - Detail By Check Date Check No: 18719 Check Date: 02/18/2021 Vendor: COL37 Colantuono, Highsmith & Whatle 45930 Services 1-18-2021- SCE Coalition 01/18/2021 Check Total: Check No: 18720 Check Date: 02/18/2021 Vendor: COLLISON Brian Collison 3020-02 Instructor Pay 12-1-20 to 2-9-21 02/10/2021 Check No: 18721 Check Date: 02/18/2021 18728 Check Date: 02/18/2021 Vendor: COM34 Community Senior Serv. Inc 24133 1.31.2021 Senior Nutrition Program -Jan 2021 01/31/2021 12.31.2020 Senior Nutrition Program -Dec 2020 12/31/2020 Check No: 18722 Check Date: 02/18/2021 Instructor Pay 12-1-20 to 2-9-2021 Vendor: COM46 Commercial Aquatic Services 79 I21-1232 Pool Chemicals 1-27-2021 01/27/2021 I21-1208 Pool Chemicals 1-26-2021 01/26/2021 121-1079 Pool Chemicals Jan 4,7, 18 2021 01/31/2021 I21-1272 Service Flow Switch 02/01/2021 I21-1254 Pool Services Jan 2021 01/31/2021 Check No: 18723 Check Date: 02/18/2021 Vendor: COM47 Commercial Building Management 67863 Janitorial Contract- Building- Jan 2021 02/01/2021 67864 Janitorial- Beach Facilities- Jan 2021 02/01/2021 Check No: 18724 Check Date: 02/18/2021 Vendor: CON42 Control Air Holdings Inc 3061272 Check for Water Leak at City Hall 09/23/2020 3063215 Emergency Call for Heat to City Hall 12/31/2020 3063216 Tech to Meet with Automation Company 01/15/2020 Check No: 18725 Check Date: 02/18/2021 Vendor: COR23 CORODATA RS4667793 Services Jan 2021 01/31/2021 Check No: 18726 Check Date: 02/18/2021 Vendor: COU32 County of Orange SH58341 OCATS Circuit and Support -Jan 2021 SH58218 OCATS Circuit and Support- Dec 2020 SH58274 AFIS Services Jan 2021 Check No: 18727 Check Date: 02/18/2021 Vendor: CUEVAS01 Marco Cuevas Jr. W21030 Wellness Program W21030 Wellness Program Check No: 18728 Check Date: 02/18/2021 Vendor: CUS01 Custom Glass 24133 CDBG Bathroo Access Grant- Chung 109I Check No: 18729 Check Date: 02/18/2021 Vendor: DAN02 Brenda Danielson 79 Services Jan 2021 3040-01 Instructor Pay 12-1-20 to 2-9-2021 79 Services Jan 2021 79 Services Jan 2021 Check No: 18730 Check Date: 02/18/2021 Vendor: DEK02 Dekra-lite ARINV01274 Christmas Tree Renewal and Holiday Decor 01/28/2021 12/31/2020 01/13/2021 02/03/2021 02/03/2021 01/20/2021 02/01/2021 02/10/2021 02/01/2021 02/01/2021 11/24/2020 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Printed: 02/26/2021 11:09 Detail Check Amount. 168.53 168.53 407.88 407.88 5,000.00 5,000.00 10,000.00 283.11 109.59 125.45 482.20 575.00 1,575.35 8,486.00 5,791.00 14,277.00 225.00 1,415.00 365.00 2,005.00 455.21 455.21 1,273.33 1,273.33 1,103.00 3,649.66 80.00 320.00 400.00 905.00 905.00 2,760.80 636.35 3,600.00 3,065.11 10,062.26 3,240.21 Page 4 City of Seal Beach User:vrodriguez Accounts Payable Checks by Date - Detail By Check Date Check No: 18731 Check Date: 02/18/2021 Vendor: DEL01 Delta Elevator 0121-560 Services Jan 2021 Check No: 18732 Check Date: 02/18/2021 Vendor: DIR09 DIRECTV 045850295X Services 1-27 to 2-26-2021 057524152X Services 2-1 to 2-28-2021 Check No: 18733 Check Date: 02/18/2021 Vendor: ECIS Jon Kinley CSBGCD1420 Inspections Nov 2020 Check No: 18734 Check Date: 02/18/2021 Vendor: EVER02 Eversoft Inc. R2122531 E96 Rental Check No: 18735 Check Date: 02/18/2021 Vendor: EXP09 exp US Services Inc 99924 Arterial Street Resurfacing Pg -Jan 2021 99367 Arterial Street Resurfacing Pg -Dec 2020 Check No: 18736 Check Date: 02/18/2021 Vendor: FAIT David Fait W20923 Reimb Water Treatment Operator Check No: 18737 Check Date: 02/18/2021 Vendor: FAR8 Farmers & Merchants Bank 67-12501-C Rent Jan 2021 Check No: 18738 Check Date: 02/18/2021 Vendor: FDS FDS Holdings Inc INV0003330 Services Dec 2020 INV0003406 Services Jan 2021 Check No: 18739 Check Date: 02/18/2021 Vendor: FED01 FedEX 7-253-3480 Freight Chages 7-268-4361 Shipping Charges Check No: 18740 Check Date: 02/18/2021 Vendor: FER12 Ferguson Enterprises Inc 0744163 15 each, 1" x 1-1/4" meter coupling 0744163 15 each, V x 2-5/8" meter coupling 0745338 2" copper, couplings, nuts and bolts, po Check No: 18741 Check Date: 02/18/2021 Vendor: FOR09 Robin Forte-Lincke W21228 TV Origination Services -Pymnt # 16 Check No: 18742 Check Date: 02/18/2021 Vendor: FOW01 Steven Fowler W21197 Welness Program W21197 Welness Program Check No: 18743 Check Date: 02/18/2021 Vendor: FRANTZ William Jeffrey Frantz 202105 ARDA Heavy Duty Pickleball Nets for Seal 01/31/2021 01/28/2021 02/02/2021 12/08/2020 02/01/2021 02/03/2021 01/08/2021 02/05/2021 01/01/2021 01/15/2021 01/31/2021 01/22/2021 02/05/2021 01/19/2021 01/19/2021 01/21/2021 02/09/2021 02/02/2021 02/02/2021 01/17/2021 Check Total: Check Total: Check Total: Check Total- 02/01/2021 otal: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Printed: 02/26/2021 11:09 Detail Check Amount 3,240.21 230.72 230.72 238.99 193.23 432.22 1,580.00 1,580.00 195.41 195.41 1,705.00 1,880.00 3,585.00 70.00 70.00 951.93 951.93 100.00 100.00 200.00 8.77 11.74 20.51 251.21 284.64 2,355.81 2,891.66 1,453.50 1,453.50 48.00 192.00 240.00 3,800.00 3,800.00 Page 5 City of Sea] Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Check No: 18744 Check Date: 02/18/2021 Vendor: FRO02 Frontier Communications 2091885608 Services 2-4 to 3-3-2021 02/04/2021 2091880920 Services 2-4 to 3-3-2021 02/04/2021 2130334822 Services 2-4 to 3-3-2021 02/04/2021 2090946840 Services 2-10 to 3-9-2021 02/10/2021 5625988624 Services 2-10 to 3-9-2021 02/10/2021 5625984514 Services 2-10 to 3-9-2021 02/10/2021 7148911483 Services 2-7 to 3-6-2021 02/07/2021 5621560001 Services 2-8 to 3-7-2021 02/08/2021 2091880920 Services 2-4 to 3-3-2021 02/04/2021 2091880920 Services 2-4 to 3-3-2021 02/04/2021 2091880920 Services 2-4 to 3-3-2021 02/04/2021 2091880920 Services 2-4 to 3-3-2021 02/04/2021 5625962778 Services 2-2 to 3-1-2021 02/02/2021 Check No: 18745 Check Date: 02/18/2021 Vendor: GAL08 Galls, LLC BC1277229 Uniform pants and belt 01/20/2021 Check No; 18746 Check Date: 02/18/2021 Vendor: GFS03 Government Financial Services 2.1.2021 State Controller's Transactions FY19/20 02/01/2021 Check No: 18747 Check Date: 02/18/2021 Vendor: GHD GHD Inc 155193 Plan Checks Through 12-19-2020 01/08/2021 156438 Navy Reservoir Cathodic Protection Desig 01/23/2021 Check No: 18748 Check Date: 02/18/2021 Vendor: GOL05 Golden Rain Foundation OSCU000063 CDBG Bathroom Access Grant -Lee 67K 01/06/2021 Check No: 18749 Check Date: 02/18/2021 Vendor: GRA08 Grainger 9725576772 Credit/ Return- Servomotor 11/23/2020 9773676284 One (1) each, Metering Valve Assembly, A 01/14/2021 9784558802 One (1) each, Fluke digitial multimeter 01/25/2021 9777663163 Two (2) each, Engine collant heater for 01/19/2021 9785506115 Six (6) each, Sloan Vacuum breaker repai 01/26/2021 9785506115 Two (2) each, Chicago faucets metering c 01/26/2021 9777569477 Grease 01/19/2021 9784279458 One (1) each, Impact socket set - 3/8" t 01/25/2021 9771086593 Marking Paint 01/12/2021 Check No: 18750 Check Date: 02/18/2021 Vendor: GRi10 Grizzly Industrial Inc 10441419-0 One (1) each, 14" handsaw 01/27/2021 Check No: 18751 Check Date: 02/18/2021 Vendor: GTT GTT Communications, Inc. INV4507752 Services 1-1 to 2-28-2021 02/01/2021 INV4507768 Services 1-1 to 2-28-2021 02/01/2021 Check No: 18752 Check Date: 02/18/2021 Vendor: HAC01 Hach Company 12287792 Lab testing supplies 01/20/2021 Check No: 18753 Check Date: 02/18/2021 Vendor: HANNA Akemi Hanna 2044-02 Instructor Pay 12-1-20 to 2-9-21 02/10/2021 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Amount 983.71 323.77 447.69 42.98 233.47 126.13 53.47 57.33 935.35 55.98 231.97 46.25 70.81 3,608.91 186.12 186.12 5,450.00 5,450.00 1,700.50 7,147.92 8,848.42 360.00 360.00 -162.99 220.44 516.13 316.15 12.07 96.21 91.90 292.21 61.85 1,443.97 1,720.44 1,720.44 950.70 792.67 1,743.37 648.89 648.89 199.55 Page 6 City of Seal Beach User:vrodriguez Accounts Payable Checks by Date - Detail By Check Date Check No: 18754 Check Date: 02/18/2021 Vendor: HAZ03 Hazzard Backflow Inc 24165 Testing 1 backflows Check No: 18755 Check Date: 02/18/2021 Vendor: HDL02 Hdl, Coren & Cone SIN006481 Services Jan - Mar 2021 Check No: 18756 Check Date: 02/18/2021 Vendor: HER17 Here Rentals Inc. 9999999900 Late Fees 9999999900 Late Fees Check No: 18757 Check Date: 02/18/2021 Vendor: HIS01 Hi Standard Automotive LLC 25718 Up -fit new dump truck with amber warning 25719 Up -fit new dump truck with back-up camer Check No: 18758 Check Date: 02/18/2021 Vendor: HOMO1 Home Depot Credit Services H0647-1625 Extra Large Trash Bags 80139493 Oipes/ Wrench/ Flashlight/ Sockets 9104266 Commercial Light Duty 80 Gal 240 Volt Check No: 18759 Check Date: 02/18/2021 Vendor: HOSOI Hose -man, Inc 1269750-00 ]Oft & 20 ft discharge hose, 2" coupler Check No: 18760 Check Date: 02/18/2021 Vendor: HOT02 Hotschedules.com, Inc. 10127328 Services March 2021 Check No: 18761 Check Date: 02/18/2021 Vendor: IACP IACP 0146885 Active Dues 2021- P Gonshak Check No: 18762 Check Date: 02/18/2021 Vendor: IND15 Industrial Chem Labs Svcs 320764 Graffiti Remover Check No: 18763 Check Date: 02/18/2021 Vendor: int51 Interwest Consulting Group 64830 Permit Review & Plan Check -Oct 2020 65092 Permit Review & Plan Check- Nov 2020 66222 Permit Review & Plan Check- Dec 2020 Check No: 18764 Check Date: 02/18/2021 Vendor: ISA I S A 194793 Membership Renewal - J Talarico Check No: 18765 Check Date: 02/18/2021 Vendor: JCLO1 JCL Traffic Services 107447 Water Wall Rental 12-20-20 to 1-19-21 Check No: 18766 Check Date: 02/18/2021 Vendor: K-9 K-9 Services LLC SBPD-01 Dual purpose police service dog. 240 h 02/03/2021 02/01/2021 12/01/2020 01/01/2021 10/31/2020 10/13/2020 01/26/2021 02/03/2021 11/24/2020 01/20/2021 02/01/2021 01/08/2021 01/15/2021 11/29/2020 12/14/2020 01/27/2021 02/17/2021 01/22/2021 01/28/2021 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Printed: 02/26/2021 11:09 Detail Check Amount 199.55 29.68 29.68 1,667.62 1,667.62 9.26 22.77 32.03 3,830.82 1,172.81 5,003.63 868.37 348.99 2,359.71 3,577.07 589.88 589.88 149.67 149.67 190.00 190.00 481.01 481.01 1,157.50 320.00 4,222.50 5,700.00 268.00 268.00 1,680.00 1,680.00 18,743.75 18,743.75 Page 7 City of Seal Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Check Amount Check No: 18767 Check Date: 02/18/2021 Vendor: LAN06 Lance, Soll & Lunghard LLP 41865 Inventory Observation 12/31/2020 4,464.00 Check Total: 4,464.00 Check No: 18768 Check Date: 02/18/2021 Vendor: LEA01 League of California Cities 640915 Membership Dues 2021 01/01/2021 8,896.00 Check Total: 8,896.00 Check No: 18769 Check Date: 02/18/2021 Vendor: LEE25 Iris Lee W21028 Reimb. Construction Online Workshop 02/02/2021 275.00 Check Total: 275.00 Check No: 18770 Check Date: 02/18/2021 Vendor: L0007 Local Agency Engineering Assoc 21-160 Lampson Ave ATP Bike Ln Grant \ Lampson 02/04/2021 1,010.00 Check Total: 1,010.00 Check No: 18771 Check Date: 02/18/2021 Vendor: LON25 Long Beach BMW 211625 Footrests/ Spacer 01/26/2021 182.68 Check Total: 182.68 Check No: 18772 Check Date: 02/18/2021 Vendor: LOR02 Lorman Education Services W21219 Subdivsion Map Acr Webinar- D Bailey 02/08/2021 199.00 Check Total: 199.00 Check No: 18773 Check Date: 02/18/2021 Vendor: LOS02 Los Alamitos Unified School Di 77PI0060 McGaugh Pool Elec-7-2-20 to 1-4-2021 01/25/2021 13,283.55 77PI0061 McGaugh Pool Gas- 6-17-20 to 12-18-2020 01/25/2021 8,385.29 Check Total: 21,668.84 Check No: 18774 Check Date: 02/18/2021 Vendor: LOS25 Los Alamitos Lock Service, Inc R13465 Pick Open/ Rekey Lever 02/09/2021 122.50 Check Total: 122.50 Check No: 18775 Check Date: 02/18/2021 Vendor: MARTIN05 Doug Martin Contracting 202007R Retention ST2001 01/15/2021 7,941.10 Check Total: 7,941.10 Check No: 18776 Check Date: 02/18/2021 Vendor: MET13 Metropolitan Telecom mnications 0100518281 Services 2-8 to 3-7-2021 02/08/2021 225.78 0100518281 Services 2-8 to 3-7-2021 02/08/2021 206.31 0100518281 Services 2-8 to 3-7-2021 02/08/2021 447.02 0100518281 Services 2-8 to 3-7-2021 02/08/2021 778.28 Check Total: 1,657.39 Check No: 18777 Check Date: 02/18/2021 Vendor: MMASC MMASC 12.23.2020 Membership REnewal - D Fait 12/23/2020 90.00 Check Total: 90.00 Check No: 18778 Check Date: 02/18/2021 Vendor: MOR02 Morrison Tire Inc. 281665 Tires 01/26/2021 612.08 Check Total: 612.08 Check No: 18779 Check Date: 02/18/2021 Vendor: MUN15 Municipal Maintenance Equipmen 0156229-1N Two (2) each, 3/4" Nipple for Vac -con PW 01/20/2021 29.70 Check Total: 29.70 Check No: 18780 Check Date: 02/18/2021 Vendor: NIELSEN1 Morgan Nielsen W21230 Returned Direct Dep 1-24 to 2-6-21 02/16/2021 67.87 W21029 Returned Direct Deposit 1-10 to 1-23-21 02/02/2021 162.90 Check Total: 230.77 Page 8 City of Seal Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Page 9 Check Amount Check No: 18781 Check Date: 02/18/2021 Vendor: NU01 NU Kote 1.19.2021 CDBG Bathroom Access Grant -Kuyper 44J 01/19/2021 2,790.00 Check Total: 2,790.00 Check No: 18782 Check Date: 02/18/2021 Vendor: NV5 NV5Inc. 198036 Water Well Rehab Bolsa Chica \ Water Wel 01/29/2021 3,900.00 Check Total: 3,900.00 Check No: 18783 Check Date: 02/18/2021 Vendor: OFFI1 Office Solutions Business Prod I-01842086 Dater Stamp 02/09/2021 80.48 1-01840567 Invoice Sheets 02/04/2021 402.85 1-01839866 Desk Pad/ Soap/ Staples/ Tissue 02/02/2021 307.61 1-01840436 Staples/ Clock/ Stapler/Binders 02/03/2021 82.15 I-01841574 Batteries/ Cleaner/Sozp 02/05/2021 318.09 I-01841057 Mouse Pad 02/04/2021 19.76 I-01838108 Batteries/ Paper Plates/Labels 01/27/2021 125.89 I-01838511 Cups/ Fork/ Labels 01/28/2021 209.46 I-01840248 Desk Pad 02/03/2021 3.98 I-01839952 Cups/ Files/ Mouse Pad/ Coffee 02/02/2021 108.18 I-01841579 Headset 02/05/2021 334.94 I-01840834 Glue/ Tape Dispenser/ Letter Opener 02/04/2021 11.68 1-01840234 Inkcart 02/03/2021 30.43 Check Total: 2,035.50 Check No: 18784 Check Date: 02/18/2021 Vendor: ONP05 On Point Exterminating Inc 6882 Tennis Center- Jan 2021 01/22/2021 75.00 6883 Pest Extermination Jan 2021- PD 01/22/2021 75.00 6905 Lifeguard HQ Jan 2021 01/22/2021 60.00 6884 Services Jan 2021- City Hall 01/28/2021 65.00 6906 Pest Extermination Jan 2021- Library ( 01/28/2021 60.00 6904 Pest Extermination Jan 2021 -Marina Cent. 01/22/2021 50.00 6885 Pest Extermination Jan 2021- City Yard 01/22/2021 60.00 Check Total: 445.00 Check No: 18785 Check Date: 02/18/2021 Vendor: PAC72 Pacific Advanced Civil Enginee 4608 Lampson Well Head Treatment \ Lampson We 01/31/2021 11,027.50 Check Total: 11,027.50 Check No: 18786 Check Date: 02/18/2021 Vendor: PCS Monica Caruso 2367 Contract Steam Cleaning -Feb 2021 02/01/2021 10,825.00 2247 Contract Steam Cleaning -Jan 2021 01/01/2021 10,825.00 Check Total: 21,650.00 Check No: 18787 Check Date: 02/18/2021 Vendor: PIT03 Pitney Bowes Inc. 1017305489 Ink Pad Replacement Kit 01/25/2021 48.24 Check Total: 48.24 Check No: 18788 Check Date: 02/18/2021 Vendor: PLU01 Plug & Pay Technologies, Inc. 2021020216 Services Jan 2021 02/03/2020 15.00 Check Total: 15.00 Check No: 18789 Check Date: 02/18/2021 Vendor: PRI17 The Printery, Inc. 130013 Utility Return Envelopes 02/05/2021 611.18 Check Total: 611.18 Check No: 18790 Check Date: 02/18/2021 Vendor: RICO2 Richards Watson & Gershon 230241 Police Dept. Matters Dec 2020 01/20/2021 31354.50 230242 Santa Ana MS4 Permit- Dec 2020 01/20/2021 144.50 230244 VS. California Resources Corp.- Dec 2020 01/20/2021 4,259.77 230240 Additional Services Dec 2020 01/20/2021 264.34 230243 Covid-19 Declaration- Dec 2020 01/20/2021 620.00 Page 9 City of Seal Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Page 10 Check Amount Check Total: 8,643.11 Check No: 18791 Check Date: 02/18/2021 Vendor: ROADY Suzanne Roady-Ross 2079-01 Instructor Pay 12-1-20 to 2-9-21 02/10/2021 40.00 Check Total: 40.00 Check No: 18792 Check Date: 02/18/2021 Vendor: RON05 Ron's maintenance Inc 77 Citywide catch basin cleaning Fall 2020 01/10/2021 9,720.00 Check Total: 9,720.00 Check No: 18793 Check Date: 02/18/2021 Vendor: RUIZ05 Victor Ruiz W20521 Fencing at Officer Home for K9 02/02/2021 2,133.08 Check Total: 2,133.08 Check No: 18794 Check Date: 02/18/2021 Vendor: S&J01 S & J Supply Co S100167548 Six (6) each, 10" - 12" stainless steel 01/21/2021 523.78 Check Total: 523.78 Check No: 18795 Check Date: 02/18/2021 Vendor: SBS01 Sbsd Evoc Training Center EVC54272 Code 3 Driving - Pierce/ Bolin 01/26/2021 520.00 Check Total: 520.00 Check No: 18796 Check Date: 02/18/2021 Vendor: SCE01 Southern Calif. Edison 2261529358 Services 1-5 to 2-3-2021 02/04/2021 18.44 2371357815 Services 12-31-20 to 2-1-2021 02/04/2021 19.12 2289382129 Services 1-6 to 2-4-2021 02/06/2021 25.07 2218943843 Services 1-4 to 2-2-2021 02/03/2021 85.31 2354785172 Services 1-4 to 2-2-2021 02/03/2021 46.49 2265022343 Services 1-5 to 2-3-2021 02/04/2021 206.67 2294542014 Services 1-5 to 2-3-2021 02/04/2021 182.90 2024050163 Services 12-31-20 to 2-1-2021 02/02/2021 81.06 2024047656 Services 1-1 to 2-1-2021 02/02/2021 66.30 2282924729 Services 1-1 to 2-1-2021 02/02/2021 57.79 2024025629 Services 12-31-20 to 2-1-2021 02/03/2021 46.31 2024025629 Services 12-31-20 to 2-1-2021 02/03/2021 862.38 2024025629 Services 12-31-20 to 2-1-2021 02/03/2021 94.38 2214337602 Services 1-14 to 2-12-2021 02/13/2021 29.93 2332131176 Services 1-14 to 2-12-2021 02/13/2021 7,366.03 2311180533 Services 1-14 to 2-12-2021 02/13/2021 2,381.40 2361696818 Services 1-13 to 2-11-2021 02/12/2021 200.08 2353878846 Services 1-13 to 2-11-2021 02/12/2021 38.73 2024028599 Services 1-12 to 2-10-2021 02/11/2021 1,432.62 2249837477 Services 12-1-20 to 1-2-2021 02/10/2021 759.53 2212368641 Services 1-1 to 2-1-2021 02/06/2021 8,484.12 Check Total: 22,484.66 Check No: 18797 Check Date: 02/18/2021 Vendor: SCE06 Southern California Edison 7590346694 Lampson Ave ATP Bike Ln Grant \ Lampson 01/19/2021 31,630.44 Check Total: 31,630.44 Check No: 18798 Check Date: 02/18/2021 Vendor: SEAM Seal Beach Cable FDN W21231 Transfer of Funds 02/17/2021 5,000.00 Check Total: 5,000.00 Check No: 18799 Check Date: 02/18/2021 Vendor: SEA33 Seal Beach Sun Newspaper 102562 MUP 20-11 01/21/2021 305.00 Check Total: 305.00 Check No: 18800 Check Date: 02/18/2021 Vendor: SIE09 Siemens Industry, Inc. 5620027614 Place Signals on Flash 01/28/2021 15,640.50 Check Total: 15,640.50 Page 10 City of Sea] Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Page 11 Check Amount Check No: 18801 Check Date: 02/18/2021 Vendor: SIEI I Siemens Mobility Inc 5610248038 Traffic Signal Maintenance -Dec 2020 01/25/2021 1,801.00 5610254603 Install New Detection Camera 01/27/2021 2,055.00 5620033790 Traffic Response Calls Out- Dec 2020 01/25/2021 2,892.02 Check Total: 6,748.02 Check No: 18802 Check Date: 02/18/2021 Vendor: SKY04 Skyline Safety and Supply 6104 Rain Gear/ Coveralls/ Jackets 01/29/2021 449.24 6104 Rain Gear/ Coveralls/ Jackets 01/29/2021 449.25 Check Total: 898.49 Check No: 18803 Check Date: 02/18/2021 Vendor: soc SoCal Auto & Truck Parts Inc. 4126-50391 Air Filters 01/27/2021 56.31 4126-50391 Oil Filters/ Fuel Filters/ Air Filters 01/24/2021 59.91 4126-50391 Air Filters 01/27/2021 47.01 4126-50391 Battery/ Core Deposit 01/27/2021 218.73 4126-50452 Coil on Plug Boot 02/02/2021 32.71 4126-50391 Air Filters 01/27/2021 114.71 4126-50452 Spark Plugs 02/02/2021 67.52 Check Total: 596.90 Check No: 18804 Check Date: 02/18/2021 Vendor: SOU19 South Coast Supply 105845024- Rock for water department 01/14/2021 164.94 105839286- Rock for water department 01/14/2021 164.94 Check Total: 329.88 Check No: 18805 Check Date: 02/18/2021 Vendor: STA53 Standard Insurance Company 6430520003 Services Feb 2021 02/01/2021 89.08 6430520003 Services Feb 2021 02/01/2021 150.26 6430520003 Services Feb 2021 02/01/2021 33.52 6430520003 Services Feb 2021 02/01/2021 72.94 6430520003 Services Feb 2021 02/01/2021 60.33 6430520003 Services Feb 2021 02/01/2021 67.56 6430520003 Services Feb 2021 02/01/2021 62.77 6430520003 Services Feb 2021 02/01/2021 135.00 6430520003 Services Feb 2021 02/01/2021 567.91 6430520003 Services Feb 2021 02/01/2021 284.18 6430520003 Services Feb 2021 02/01/2021 107.90 6430520003 Services Feb 2021 02/01/2021 20.25 6430520003 Services Feb 2021 02/01/2021 20.25 6430520003 Services Feb 2021 02/01/2021 392.28 6430520001 Services Jan 2021 01/01/2021 2.99 6430520001 Services Jan 2021 01/01/2021 2.99 6430520001 Services Jan 2021 01/01/2021 98.39 6430520003 Services Feb 2021 02/01/2021 56.00 6430520003 Services Feb 2021 02/01/2021 106.22 6430520003 Services Feb 2021 02/01/2021 50.63 6430520003 Services Feb 2021 02/01/2021 268.27 6430520003 Services Feb 2021 02/01/2021 67.50 6430520003 Services Feb 2021 02/01/2021 2,232.90 6430520003 Services Feb 2021 02/01/2021 392.59 6430520003 Services Feb 2021 02/01/2021 378.62 6430520003 Services Feb 2021 02/01/2021 171.62 6430520003 Services Feb 2021 02/01/2021 189.96 6430520003 Services Feb 2021 02/01/2021 139.27 6430520003 Services Feb 2021 02/01/2021 62.88 6430520001 Services Jan 2021 01/01/2021 71.78 6430520001 Services Jan 2021 01/01/2021 31.40 6430520001 Services Jan 2021 01/01/2021 29.70 6430520001 Services Jan 2021 01/01/2021 25.03 6430520001 Services Jan 2021 01/01/2021 9.95 Page 11 City of Seal Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Check Amount 6430520001 Services Jan 2021 01/01/2021 17.36 6430520001 Services Jan 2021 01/01/2021 24.34 6430520001 Services Jan 2021 01/01/2021 4.97 6430520001 Services Jan 2021 01/01/2021 12.96 6430520001 Services Jan 2021 01/01/2021 9.89 6430520001 Services Jan 2021 01/01/2021 11.28 6430520001 Services Jan 2021 01/01/2021 10.92 6430520001 Services Jan 2021 01/01/2021 29.48 6430520001 Services Jan 2021 01/01/2021 54.23 6430520001 Services Jan 2021 01/01/2021 5.98 6430520001 Services Jan 2021 01/01/2021 76.62 6430520001 Services Feb 2021 02/01/2021 9.89 6430520001 Services Feb 2021 02/01/2021 11.28 6430520001 Services Feb 2021 02/01/2021 10.92 6430520001 Services Feb 2021 02/01/2021 29.48 6430520001 Services Feb 2021 02/01/2021 98.39 6430520001 Services Feb 2021 02/01/2021 54.23 6430520001 Services Feb 2021 02/01/2021 5.98 6430520001 Services Feb 2021 02/01/2021 76.62 6430520001 Services Feb 2021 02/01/2021 2.99 6430520001 Services Feb 2021 02/01/2021 2.99 6430520001 Services Jan 2021 01/01/2021 8.13 6430520001 Services Jan 2021 01/01/2021 16.27 6430520001 Services Jan 2021 01/01/2021 7.48 6430520001 Services Jan 2021 01/01/2021 45.87 6430520001 Services Jan 2021 01/01/2021 504.55 6430520001 Services Jan 2021 01/01/2021 68.19 6430520003 Services Jan 2021 01/01/2021 20.25 6430520001 Services Feb 2021 02/01/2021 8.13 6430520001 Services Feb 2021 02/01/2021 16.27 6430520001 Services Feb 2021 02/01/2021 7.48 6430520001 Services Feb 2021 02/01/2021 45.87 6430520001 Services Feb 2021 02/01/2021 504.55 6430520001 Services Feb 2021 02/01/2021 68.19 6430520001 Services Feb 2021 02/01/2021 71.78 6430520001 Services Feb 2021 02/01/2021 31.40 6430520001 Services Feb 2021 02/01/2021 29.70 6430520001 Services Feb 2021 02/01/2021 25.03 6430520001 Services Feb 2021 02/01/2021 9.95 6430520001 Services Feb 2021 02/01/2021 17.36 6430520001 Services Feb 2021 02/01/2021 24.34 6430520001 Services Feb 2021 02/01/2021 4.97 6430520001 Services Feb 2021 02/01/2021 12.96 6430520003 Services Jan 2021 01/01/2021 189.96 6430520003 Services Jan 2021 01/01/2021 139.27 6430520003 Services Jan 2021 01/01/2021 62.88 6430520003 Services Jan 2021 01/01/2021 89.09 6430520003 Services Jan 2021 01/01/2021 150.26 6430520003 Services Jan 2021 01/01/2021 33.52 6430520003 Services Jan 2021 01/01/2021 72.94 6430520003 Services Jan 2021 01/01/2021 60.33 6430520003 Services Jan 2021 01/01/2021 67.56 6430520003 Services Jan 2021 01/01/2021 62.77 6430520003 Services Jan 2021 01/01/2021 135.00 6430520003 Services Jan 2021 01/01/2021 567.91 6430520003 Services Jan 2021 01/01/2021 284.18 6430520003 Services Jan 2021 01/01/2021 107.90 6430520003 Services Jan 2021 01/01/2021 392.28 6430520003 Services Jan 2021 01/01/2021 20.25 6430520003 Services Jan 2021 01/01/2021 55.99 6430520003 Services Jan 2021 01/01/2021 106.22 6430520003 Services Jan 2021 01/01/2021 50.63 Page 12 City of Sea] Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail 6430520003 Services Jan 2021 6430520003 Services Jan 2021 6430520003 Services Jan 2021 6430520003 Services Jan 2021 6430520003 Services Jan 2021 6430520003 Services Jan 2021 01/01/2021 01/01/2021 01/01/2021 01/01/2021 01/01/2021 01/01/2021 Check No: 18806 Check Date: 02/18/2021 Vendor: STA65 Statewide Traffic Safety and S 02024646 Arrow board rental for water dept. 01/28/2021 Check Total: Check Total: Check Amount 268.27 67.50 2,232.90 392.59 378.62 171.62 14,722.88 50.00 50.00 Check No: 18807 Check Date: 02/18/2021 Vendor: STA69 Stantec Consulting Services In 1746389 Lampson Ave ATP Bike Ln Grant \ Lampson 01/22/2021 6,889.12 1751850 Lampson Ave ATP Bike Ln Grant \ Lampson 02/05/2021 358.37 1751846 Lampson Ave Drainage Imp Proj \ Lampson 02/05/2021 2,538.00 1746359 Lampson Ave Drainage Imp Proj \ Lampson 01/22/2021 32,085.50 Check Total: 41,870.99 Check No: 18808 Check Date: 02/18/2021 Vendor: SUR03 Surfside Colony Ltd 11386 Monthly Surfside Beach- Jan 2021 02/08/2021 3,424.24 Check Total: 3,424.24 Check No: 18809 Check Date: 02/18/2021 Vendor: SYN05 SYNOPTEK 1187448 1MigrationWiz-PublicFolderQuote 11144 01/22/2021 136.79 1187407 1 ProSupport: Next Business Day Onsite S 01/19/2021 43.33 1187407 1 ProSupport: 7x24 Technical Support Ser 01/19/2021 43.88 1187407 1 Expired Contract Renewal Fee Service T 01/19/2021 26.80 1187407 1 ProSupport: Next Business Day Onsite S 01/19/2021 43.33 1187407 1 ProSupport: 7x24 Technical Support Ser 01/19/2021 43.87 1187407 1 Expired Contract Renewal Fee Service T 01/19/2021 26.80 1187512 1 HPE Hardware Maintenance Onsite Suppor 01/26/2021 1,350.89 1187512 1 HPE Collaborative Remote Support HP DL 01/26/2021 68.11 1187511 1 Dell Dock- WD 19 130w Power Delivery - 01/26/2021 301.44 1187406 1 Microsoft Surface Dock - docking stati 01/19/2021 226.54 1187513 1 Battery,Primary,65WHR,Vmware 6 Core Pr 01/26/2021 133.97 1187405 2 CANON 1MAGEFORMULA DR-C225W II MFG AIY19/2021 1,016.66 Check Total: 3,462.41 Check No: 18810 Check Date: 02/18/2021 Vendor: TET02 Tetra Tech, Inc. 51690945 Water Well Rehab Bolsa Chica \ Water Wel 01/19/2021 4,562.50 Check Total: 4,562.50 Check No: 18811 Check Date: 02/18/2021 Vendor: TILQ3 Tilley Crane Inspection Serv. 21052 Annual OSHA inspection on the Altec aeri 01/27/2021 350.00 Check Total: 350.00 Check No: 18812 Check Date: 02/18/2021 Vendor: TIM04 Time Warner Cable LLC 0010765020 Services 2-4 to 3-3-2021 02/04/2021 252.41 0021804020 Services 2-1 to 2-28-2021 02/01/2021 218.23 0213294021 Services 2-10 to 3-9-2021 02/10/2021 629.99 0260410021 Services 2-10 to 3-9-2021 02/10/2021 125.97 0342770012 Services 1-24 to 2-23-2021 01/24/2021 1,240.00 0245858020 Services 2-5 to 3-4-21 02/05/2021 1,324.13 0021812020 Services 2-6 to 3-5-21 02/16/2021 113.38 Check Total: 3,904.11 Check No: 18813 Check Date: 02/18/2021 Vendor: TMO1 T -Mobile USA Inc. 967863726 Services ending 1-21-2021 01/21/2021 733.44 Check Total: 733.44 Page 13 City of Seal Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Check No: 18814 Check Date: 02/18/2021 Vendor: TRA29 Transtech Engineers, Inc 20202850 Building Plan Check 7-31-2020 07/31/2020 Check No: 18815 Check Date: 02/18/2021 Vendor: tru01 ALS-Truesdail Laboratories, I 522100527 Weekly Drinking Water Testing 1-25-21 02/04/2021 522100271 Weekly Drinking Water Testing 1-18-21 01/27/2021 522100179 Weekly Drinking Water Testing 1-11-21 01/20/2021 Check No: 18816 Check Date: 02/18/2021 Vendor: TUR10 Turtle & Hughes, Inc. 4674034-00 Timer Relay 4689638-00 18 W Base 4689638-01 4 Tierincan Light Check No: 18817 Check Date: 02/18/2021 Vendor: ULI03 ULINE 129417639 Four (4) each, Plastic A -frame signs - Y Check No: 18818 Check Date: 02/18/2021 Vendor: UND01 Underground Sery Alert Sc 120210658 Services Jan 2021 Check No: 18819 Check Date: 02/18/2021 Vendor: UNI21 United Rentals Northwest, Inc. 188947493- Trench shoring for leisure world 188947493- Trench shoring for leisure world 188958976- Trench shoring for leisure world 188912725- Trench shoring for leisure world 188958976- Trench shoring for leisure world 188912725- Trench shoring for leisure world Check No: 18820 Check Date: 02/18/2021 Vendor: URB07 Urban Land Institute 3792890 Membership ID 1055668 -Johnson Check No: 18821 Check Date: 02/18/2021 Vendor: VER13 Vermont Systems Inc. 68399 Vermont Systems Migration -Recreation Upg 67938 Vermont Systems Migration -Recreation Upg Check No: 18822 Check Date: 02/18/2021 Vendor: VER18 Verizon Wireless 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9872437704 Serviices 1-2 to 2-1-2021 9871930482 Services 12-24-20 to 1-23-2021 9871930482 Services 12-24-20 to 1-23-2021 9871930482 Services 12-24-20 to 1-23-2021 9871930482 Services 12-24-20 to 1-23-2021 9871930482 Services 12-24-20 to 1-23-2021 12/18/2020 01/04/2021 01/04/2021 01/26/2021 02/01/2021 12/26/2020 01/14/2021 01/14/2021 01/14/2021 12/26/2020 12/25/2020 01/31/2021 11/24/2020 10/29/2020 02/01/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 02/01/2021 01/23/2021 01/23/2021 01/23/2021 01/23/2021 01/23/2021 Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Amount 11,705.75 11,705.75 186.25 186.25 186.25 558.75 73.66 78.06 167.38 319.10 391.29 391.29 117.25 117.25 893.38 311.03 214.77 411.40 558.83 685.13 3,074.54 240.00 240.00 125.00 187.50 312.50 41.29 82.58 206.45 151.39 82.58 82.58 38.01 82.58 456.13 249.73 41.29 38.50 41.29 193.33 1,403.15 38.01 3,228.89 Page 14 City of Seal Beach Accounts Payable Printed: 02/26/2021 11:09 User:vrodriguez Checks by Date - Detail By Check Date Detail Page 15 Check Amount Check No: 18823 Check Date: 02/18/2021 Vendor: VICO2 Victor Stanley, Inc. SI47172 4" x 6" Bronze Dedication plaque - custo 01/15/2021 259.60 Check Total: 259.60 Check No: 18824 Check Date: 02/18/2021 Vendor: VOY02 US Bank Voyager Fleet System 8690175091 Fuel 12/25-20 to 1-24-2021 01/24/2021 13,476.54 Check Total: 13,476.54 Check No: 18825 Check Date: 02/18/2021 Vendor: WES15 West -lite Supply Co Inc 72028C Fluor Lamps/ Barrel 01/27/2021 350.97 Check Total: 350.97 Check No: 18826 Check Date: 02/18/2021 Vendor: WGZOI W.G. Zimmerman Engineer. 21-01-479 OCTA 405 Widening Coop Agrmt-Jan 2021 02/08/2021 2,640.00 21-01-2021 On -Call Traffic Engineering -Jan 2021 02/08/2021 112.50 20-11-444 OCTA 405 Widening Coop Agrmt \ OCTA 405 12/09/2020 4,180.00 20-11-445 OCTA 405 Widening Coop Agrmt \ OCTA 405 12/09/2020 3,085.00 Check Total: 10,017.50 Check No: 18827 Check Date: 02/18/2021 Vendor: WHI13 Liebert Cassidy Whitmore 1511224 Services Nov 2020- SEO10-00022 11/30/2020 11,365.50 1512924 Services Dec 2020- SEO10-00022 12/31/2020 4,073.50 1512925 Services Dec 2020- SEO10-00023 12/31/2020 925.00 1512923 Services Dec 2020- SEO10-00021 12/31/2020 3,829.00 1511223 Services Nov 2020- SEO10-00021 11/30/2020 796.50 1511222 Services Nov 2020- SEO10-00001 11/30/2020 185.00 Check Total: 21,174.50 Check No: 18828 Check Date: 02/18/2021 Vendor: YUM Yume Gardens LLC 28924 City Hall pond maintenance 02/01/2021 260.00 Check Total: 260.00 Check No: 18829 Check Date: 02/18/2021 Vendor: ZUM01 Zumar Industries, Inc. 91562 Eight (8) each, U -channel - 12' 01/28/2021 357.76 91562 Eight (8) each, 2" x 2" x 12' perf tube 01/28/2021 432.73 91564 50 each, 28" orange traffic cones 01/28/2021 937.60 Check Total: 1,728.09 Date Totals: 1,094,125.17 Check No: 18830 Check Date: 02/26/2021 Vendor: cea City Employees Associates PR Batch 4 2 2021 SBMMA Dues - CEA 02/24/2021 64.61 Check Total: 64.61 Check No: 18831 Check Date: 02/26/2021 Vendor: CIT48 SBSPA PR Batch 4 2 2021 SBSPA Dues (CEA) 02/24/2021 219.26 Check Total: 219.26 Check No: 18832 Check Date: 02/26/2021 Vendor: OCE01 O.C.E.A. PR Batch 4 2 2021 OCEA Dues 02/24/2021 216.04 Check Total: 216.04 Check No: 18833 Check Date: 02/26/2021 Vendor: PMA Seal Beach Police Management Association PR Batch 4 2 2021 PMA Dues 02/24/2021 400.00 Check Total: 400.00 Check No: 18834 Check Date: 02/26/2021 Vendor: POA01 Seal Beach Police Officers Assoc PR Batch 4 2 2021 POA Dues 02/24/2021 1,400.00 Check Total: 1,400.00 Page 15 City of Seal Beach Accounts Payable User:vrodriguez Checks by Date - Detail By Check Date Check No: 18835 Check Date: 02/26/2021 Vendor: SBMSMA SBMSMA PR Batch 4 2 2021 SBMSMA Dues 02/24/2021 Check Total: Check No: 18836 Check Date: 02/26/2021 Vendor: USB US Bank Pars 6746022400 PR Batch 4 2 2021 PARS Employee Portion 02/24/2021 PR Batch 4 2 2021 PARS Employer Portion 02/24/2021 Check Total: Date Totals: Report Total: Printed: 02/26/2021 11:09 Detail Check Amount 34.62 34.62 2,307.71 483.87 2,791.58 5,126.11 1,099,251.28 Page 16 i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: March 8, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Gloria D. Harper, City Clerk SUBJECT: Second Reading and Adoption of Ordinance 1688 SUMMARY OF REQUEST: That the City Council adopt Ordinance 1688 titled "Ordinance 1688 of the Seal Beach City Council amending Section 9.30.020 of Chapter 9 of Title 9 of the Seal Beach Municipal Code relating to sewer charges." BACKGROUND AND ANALYSIS: At its meeting of February 22, 2021, the City Council approved the introduction of Ordinance 1688 of the City of Seal Beach to amend Section 9.30.020 of Chapter 9 of Title 9 of the Seal Beach Municipal Code relating to sewer charges. This item is to approve the second reading of and adopt Ordinance 1688 in compliance with State law requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414, the Ordinance will be published within fifteen (15) days after adoption. ENVIRONMENTAL IMPACT: The proposed Ordinance does not constitute a "project" within the meaning of the California Environmental Quality Act of 1970 (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment, and CEQA Guidelines Section 15378 because it has no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. Moreover, even if the proposed Ordinance comprises a project for CEQA analysis, it falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Agenda Item C LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: Water Utility The proposed water utility revenue increases, based on the percentage increase of the current projected revenue of $4,992,917 over the next 5 fiscal years, are shown in the table below including the corresponding projected increased total Water Utility revenues. These proposed revenue increases were developed by projecting revenue and expenses and assessing if revenue was sufficient to cover costs. The proposed revenue increases also includes the cost associated with the issuance of a $11 million debt instrument. Proposed Water Enterprise Fund Revenue Increases Wastewater Utility The table below shows a one-time 25% Sewer Utility revenue decrease being proposed followed by no additional increases through Fiscal Year 2025. This revenue reduction, based on the current annual revenue projection of $2,843,363, is being recommended as required by Prop 218 since capital funding goals established in 2005 have been met and the sewer utility cash reserves are very healthy. Proposed Wastewater Enterprise Fund Revenue Increases FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Effective Revenue Adjust May 1, January January January January Date 2021 2022 2023 2024 2025 Annual Revenue 14% 12% 8.0% 8.0 /° ° 8.0/° Adjustment Total Projected Water $4,992,91 $5,856,125 $6,444,513 $6,987,262 $7,538,620 Revenue 7 Wastewater Utility The table below shows a one-time 25% Sewer Utility revenue decrease being proposed followed by no additional increases through Fiscal Year 2025. This revenue reduction, based on the current annual revenue projection of $2,843,363, is being recommended as required by Prop 218 since capital funding goals established in 2005 have been met and the sewer utility cash reserves are very healthy. Proposed Wastewater Enterprise Fund Revenue Increases STRATEGIC PLAN: The City of Seal Beach's Strategic Plan includes a goal of ensuring that water and sewer rates, as well as street sweeping and tree trimming fees, are properly set to Page 2 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Effective Revenue Adjust May 1, January January January January Date 2021 2022 2023 2024 2025 Annual Revenue 25% 0% 0% 0% 0% Adjustment Total Projected Water $2,843,36 $2,233,212 $2,220,910 $2,216,541 $2,208,608 Revenue 3 STRATEGIC PLAN: The City of Seal Beach's Strategic Plan includes a goal of ensuring that water and sewer rates, as well as street sweeping and tree trimming fees, are properly set to Page 2 provide the appropriate level of revenue and meet cost -of -service requirements. Completion of this Water and Sewer Rate Study contributes to this goal. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Ordinance 1688 titled "Ordinance 1688 of the Seal Beach City Council amending Section 9.30.020 of Chapter 9 of Title 9 of the Seal Beach Municipal Code relating to sewer charges." SUBMITTED BY: Gloria D. Harper Gloria D. Harper, City Clerk Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Ordinance 1688 Page 3 NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager ORDINANCE 1688 ORDINANCE 1688 OF THE SEAL BEACH CITY COUNCIL AMENDING SECTION 9.30.020 OF CHAPTER 9 OF TITLE 9 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO SEWER CHARGES THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 9.30.020 of Chapter 9 of the Seal Beach Municipal Code is hereby deleted in its entirety and replaced to read as follows: 9.30.020 Sewage Monthly Charges A. The rates, fees and charges for the services and facilities related to collection of wastewater shall be as set by city council resolution. B. The occupants of each premises shall be liable for payment of all fees and charges provided for in this chapter. Should any premises be unoccupied or should the occupant thereof fail to pay all such fees and charges before delinquency, the owner of the property shall be liable for the payment of all such fees, charges and delinquency penalties. C. Should an account not be paid on or before the 20th day of the month in which it became due, it shall be deemed delinquent and a 10% penalty shall be added thereto. INTRODUCED by the City Council of the City of Seal Beach on this 22nd day of February, 2021 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Joe Kalmick, Mayor /_r1111119x3111l Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH I I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing ordinance was introduced for first reading at a regular meeting held on February 22, 2021 and was passed, approved, and adopted by the City Council at a regular meeting held on the 8th day of March 2021, and do hereby further certify that Ordinance 1688 has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: March 8, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Notice of Completion for FY 2019-2020 Arterial Street Resurfacing Program, CIP ST2003 SUMMARY OF REQUEST: That the City Council adopt Resolution 7116: 1. Accepting the FY 2019-2020 Arterial Street Resurfacing Program, CIP ST2003 by All American Asphalt of $208,785.40; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: The City's annual Arterial Street Resurfacing Program was budgeted in the FY 2019-2020 Capital Improvement Program to improve roadway conditions within the City. Pursuant to the 2018 Pavement Management Program, Bolsa Avenue from Pacific Coast Highway to Balboa Drive was selected for the pavement rehabilitation work. On October 26, 2020, the City Council adopted Resolution 7082, and awarded a construction contract to All American Asphalt for the Project in the amount of $199,531.50 and established a construction contingency not -to -exceed amount of $25,000. The Project has been completed to the satisfaction of the City Engineer. The Project was inspected and meets all standards and requirements within the Project specifications. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk's Office, and release the retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. Agenda Item D ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c). LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The approved construction contract budget plus established construction contingency totals $224,531.50. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Base Bid Items $202,905.40 Contract Change Orders $ 5,880.00 Project Cost $208,785.40 The change order was attributed to geotechnical testing to ensure adequate subgrade compaction was achieved for proper pavement installation. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7116: Accepting the FY 2019-2020 Arterial Street Resurfacing Program, CIP ST2003 by All American Asphalt of $208,785.40; and, 2. Directing the City Clerk to file a "Notice of Completion" with the Orange County Clerk -Recorder within fifteen (15) days from the date of acceptance and to release retention 35 days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. Page 2 SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7116 B. Notice of Completion Page 3 RESOLUTION 7116 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE FY2019-2020 ARTERIAL STREET RESURFACING PROGRAM, CIP ST2003 AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the FY 2019-2020 Arterial Street Resurfacing Program, CIP ST2003 (Project) by All American Asphalt in the amount of $208,785.40 for the work performed. Section 2. The City Clerk is hereby directed to file a "Notice of Completion" for the Project with the Orange County Clerk -Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8t" day of March, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7116 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8t" day of March, 2021. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on January 12, 2021. The work was FY19-20 Arterial Street Resurfacing Program, CIP ST2003. 6. The name of the contractor(s), if any, for such improvement was: All American Asphalt. The date of the Contract Award was October 26, 2020. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Bolsa Avenue between Pacific Coast Highway and Balboa Drive. Date: Director of Public Works, P.E, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2021, at Seal Beach, California. (Date of Signature) Director of Public Works, City of Seal Beach i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: March 8, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: Awarding and Authorizing the City Manager to Execute Professional Services Agreements with T.E. Roberts, Inc., Valverde Construction, Inc., and W.A. Rasic Construction Company, Inc. for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services SUMMARY OF REQUEST: That the City Council adopt Resolution 7117: 1. Approving and awarding a professional services agreement with T.E. Roberts, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three-year term; and, 2. Approving and awarding a professional services agreement with Valverde Construction, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three- year term; and, 3. Approving and awarding a professional services agreement with W.A. Rasic Construction Company, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three-year term; and, 4. Authorizing and directing the City Manager to execute the Agreements; and, 5. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $100,000 per additional term. Agenda Item E BACKGROUND AND ANALYSIS: The City's water system provides service through 68 miles of transmission and distribution pipeline, three (3) active wells, two (2) reservoirs, two (2) booster pump stations, and an imported water supply connection. The City's wastewater system consists of approximately 181,000 feet of gravity sewer, 780 manholes, and six (6) sewer pump stations along with their respective force mains. The City's storm water system covers 11.5 square miles, which consist of over eight (8) miles of pipeline, and two (2) pump stations. These robust water, wastewater, and storm water systems require extensive on- going maintenance, where contract services are required. Depending on the scope of work, the process to retain contract services can take up to four months from the time of bid solicitation to purchase order issuance, which is not feasible for emergency and unplanned situations. In efforts to streamline maintenance and repair needs, and provide readily available contract support, staff issued a Request for Proposal (RFP) to provide On -Call Emergency and Task Utility Maintenance and Repair Services. On January 29, 2021, staff received six (6) proposals. The evaluation panel comprised of Public Works staff rated the proposals based on their overall qualification, experience, availability, familiarity with the City's policies and standards, approach, cost proposal, amongst other factors. Based on the aforementioned, the following firms were deemed most qualified. Reference checks for these firms indicate satisfactory proficiency and experience to provide the requisite services. • T.E. Roberts, Inc. • Valverde Construction, Inc. • W.A. Rasic Construction Company, Inc. Staff reviewed each firm's fee and cost proposal and found them to be consistent with industry standards. With the exception of an emergency, the scope and fee for each task will be agreed upon between the City and contractor through a letter proposal based on the established Fee and Cost Proposal. In an emergency, the fee would be based on the rates specified on the established Fee and Cost Proposal. Similar to other City on-call agreements, expenditures over the adopted City Manager's contract authority will be brought to City Council for approval. In an emergency, expenditures will be brought to City Council for ratification after the emergency work is completed. The contract term is three (3) years and the City will have the option to extend the contract for up to two (2) additional one-year terms. Each contractor's agreement is in a not -to -exceed amount of $300,000 for the three-year original term. Each one-year term extension is in the amount of $100,000. Due to the on-call nature of this agreement, work is not guaranteed to the contractor. Page 2 ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with T.E. Roberts, Inc., Valverde Construction, Inc., and W.A. Rasic Construction Company, Inc., will not have a significant effect on the environment. All maintenance and repair services under these Agreements will comply with all requirements of the California Environmental Quality Act (CEQA) and will generally be categorically exempt under Sections 15301 and 15302. Environmental impacts associated with each task order will be assessed under a separate effort. LEGAL ANALYSIS: The City Attorney has approved the agreements and resolution as to form. FINANCIAL IMPACT: All maintenance and repair services would be related to water, sewer, or storm drain. Costs incurred under the Agreement would be charged to the appropriate fund's operation and maintenance budget. Therefore, no additional appropriation is required at this time. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7117: 1. Approving and awarding a professional services agreement with T.E. Roberts, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three-year term; and, 2. Approving and awarding a professional services agreement with Valverde Construction, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three- year term; and, Page 3 3. Approving and awarding a professional services agreement with W.A. Rasic Construction Company, Inc., in the amount of $300,000 to provide On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services for a three-year term; and, 4. Authorizing and directing the City Manager to execute the Agreements; and, 5. Authorizing the City Manager the option to extend any or all of the Agreements up to two (2) additional one-year terms after its original term for a not -to -exceed amount of $100,000 per additional term. SUBMITTED BY: Steve Myrter Steve Myrter, P.E., Director of Public Works NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7117 B. Agreement with T.E. Roberts, Inc. C. Agreement with Valverde Construction, Inc. D. Agreement with W.A. Rasic Construction Company, Inc. Page 4 RESOLUTION 7117 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH T.E. ROBERTS, INC., VALVERDE CONSTRUCTION, INC., AND W.A. RASIC CONSTRUCTION COMPANY, INC. FOR ON-CALL EMERGENCY AND UNEXPECTED TASK UTILITY MAINTENANCE AND REPAIR SERVICES. WHEREAS, the City of Seal Beach (City) desires to retain a selected number of contractors to provide on-call utility maintenance and repair services in both emergency and unplanned situations; and, WHEREAS, on January 4, 2021, the City issued a Request for Proposals for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services; and, WHEREAS, on January 29, 2021, the City received six (6) proposals in response to the Request for Proposal; and, WHEREAS, the City performed a detail review and evaluation of the proposals and deemed the following firms as the most qualified to provide such services: • T.E. Roberts, Inc. • Valverde Construction, Inc. • W.A. Rasic Construction Company, Inc. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. A. The City Council hereby awards a three (3) year Professional Services Agreement (Agreement) to T.E. Roberts, Inc. for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services in a not -to -exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of City. C. The City Council hereby authorizes the City Manager to extend the Agreement with T.E. Roberts, Inc. for up to two (2) additional one- year terms, at her discretion, in a not -to -exceed amount of $100,000 per one-year term extension. Section 2. A. The City Council hereby awards a three (3) year Professional Services Agreement (Agreement) to Valverde Construction, Inc. for On- Call Emergency and Unexpected Task Utility Maintenance and Repair Services in a not -to -exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of City. C. The City Council hereby authorizes the City Manager to extend the Agreement with Valverde Construction, Inc. for up to two (2) additional one-year terms, at her discretion, in a not -to -exceed amount of $100,000 per one-year term extension. Section 3. A. The City Council hereby awards a three (3) year Professional Services Agreement (Agreement) to W.A. Rasic Construction Company, Inc. for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services in a not -to -exceed amount of $300,000 for the three-year term. B. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of City. C. The City Council hereby authorizes the City Manager to extend the Agreement with W.A. Rasic Construction Company, Inc. for up to two (2) additional one-year terms, at her discretion, in a not -to -exceed amount of $100,000 per one-year term extension. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 8t" day of March, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7117 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8t" day of March 2021. Gloria D. Harper, City Clerk PROFESSIONAL MAINTENANCE AGREEMENT for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 T.E. Roberts, Inc. 306 W. Katella Avenue, Unit B Orange, CA 92867 (714) 669-0072 This Professional Maintenance Agreement ("the Agreement") is made as of March 8, 2021 (the "Effective Date"), by and between T.E. Roberts, Inc. ("Contractor"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call emergency and unexpected task utility maintenance and repair services. B. City desires to engage Contractor to provide on-call emergency and unexpected task utility maintenance and repair services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal members of its firm are qualified California licensed contractors (603008 A — General Engineering, C-34 Pipeline, DIR 1000000280) and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Strictly on an on-call emergency or unexpected task basis, Contractor shall provide those utility maintenance and repair services (collectively "Services") set forth in the Request for Proposal (Exhibit A), and Contractor's Proposal (Exhibit B), attached 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 emergency or unexpected task nature of this Contract, 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 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'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 2of14 Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's 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 ("Original Term") and shall expire at midnight on March 8, 2024, 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 to two (2) 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 the City, the first extension shall have a term extending from March 8, 2024 through and including March 8, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from March 8, 2025 through and including March 8, 2026, 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 Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $300,000.00 (Three Hundred Thousand and 00/XX dollars) for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, 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 $100,000.00 (One Hundred Thousand and 00/XX dollars) for each extension. 3 of 14 3.3. Contractor will not be compensated for any work performed not authorized by City and 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. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B. 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'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. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights 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. 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. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Timothy Roberts is the Contractor's primary representative for purposes of this Agreement. Timothy Roberts shall be responsible during the 4 of 14 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: T.E. Roberts, Inc. 306 W. Katella Avenue, Unit B Orange, CA 92867 Attn: Timothy Roberts 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. 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, and Contractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor's 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. 8.2. 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 5 of 14 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 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 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. 8.3. 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. 8.4. 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 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 8.0. 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. 6 of 14 9.0 PERS Compliance and Indemnification 9.1. 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, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. 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 applicable retirement laws and regulations. 9.2. 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's violation of any provisions of this Section 9.0. 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. 10.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or 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. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 11.0 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. 12.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 7 of 14 13.0 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 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 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. The 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. 15.0 Insurance 15.1. 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. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the 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 the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain 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. Insurance is to 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. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, 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; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease. 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) 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 the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, 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 directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers 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; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 15.4. 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 the City, its directors, officials, officers, employees, agents, and volunteers. 9 of 14 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims 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. The Contractor shall 10 of 14 reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 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's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages 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. 16.3. The obligations of Contractor under this 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 any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 16.4. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 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 11 of 14 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then 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. 20.0 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. 21.0 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. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. 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 12 of 14 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 Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. 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. 25.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, 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 subsection 26.0 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. 27.0 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. 28.0 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 13 of 14 by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 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 CONTRACTOR: T.E. Roberts, Inc, a California corporation , By: � Jill R. Ingram, City Manager By: _ l Timothy Roberts, Attest: President By: By: stin Roberts, Gloria D. Harper, City Clerk Secretary {Please note, two signatures required Approved as Fo for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the By: chairperson of the board, the president Craig A. Steele, City Attorney or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 14 of 14 EXHIBIT Request for Proposal (January 4, 2021) City of Seal Beach Request for Proposals for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services A ? '1_' O,' S RFP responses to be received until 2:00 P.M., January 29, 2021 in the Public Works Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising �sLe City Engineer Date Issued: January 4, 2021 P��ls w!lts Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE AND COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS 0we] 21►121:L1 Wto] ►191k9[eilk K EXHIBIT A — Cost Proposal EXHIBIT B — Sample Contract d�r �p fP ft"Itee W6!:A0r8X REQUEST FOR PROPOSALS FOR ON-CALL EMERGENCY AND UNEXPECTED TASK UTILITY MAINTENANCE AND REPAIR SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EMAILING ilee(&sealbeachca.2ov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED. I. INTRODUCTION The City of Seal Beach ("City") owns and operates the water, wastewater, and storm drain system. The City's water system provides service to approximately 5,500 customers through 68 miles of transmission and distribution pipeline generally ranging from 4 -inch to 18 -inch diameter, constructed of cast-iron, asbestos cement, PVC, reinforced concrete cylinder and cement mortar -lined and coated steel pipes. The water system also consists of three (3) active wells, two (2) reservoirs, two (2) booster pump stations, and an imported water supply connection. The City's wastewater system consists of approximately 181,000 feet of gravity sewer, 780 manholes, and six (6) sewer pump stations along with their respective force mains. The majority of the gravity sewers are constructed of VCP with sizes generally ranging from 6 -inch to 24 -inch in diameter. There is a small amount of PVC pipeline. The City's storm water system covers 11.5 square miles, which consist of City -owned facilities, as well as regional facilities owned and operated by the Orange County Flood Control District and Los Angeles County Flood Control District. The system includes over 8 miles of pipeline that are primarily RCP, and two (2) pump stations. The City is seeking one or more contractors who would be available to provide on-call utility maintenance and repair services in both emergency and unplanned situations, for an anticipated term of three (3) years. The final agreement amount and term will depend on the quality, diversity, and responsiveness of the received proposals, and the future need for emergency and unexpected task work. Work shall comply with the State Water Resources Control regulations, AWWA standard practices, City of Seal Beach standards, applicable and current Standard Specifications for Public Works Projects, and any Agencies Having Jurisdiction (AHJ's) requirements. Due to the on-call/emergency nature of this contract, no work is guaranteed, even if awarded. The scope, work schedule, and costs for each requested emergency or unexpected task will be negotiated on a project -by -project basis, based on the rates specified in the response. The City reserves the right to not accept the Contractor's proposed scope and fee, and to let any project for competitive bid at the discretion of the City. 3 d�r �p fP ft"Itee W6!:A0r8X II. QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class A (General Engineering) and/or C-34 (Pipeline) license issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional utility maintenance and repair service experience. • Ability to mobilize and respond to emergency job sites, as necessary within the time frames provided in this RFP. • Maintain, or have the ability to quickly acquire, all necessary labor, equipment, and material to promptly complete the Work. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Familiarity with public sector on-call maintenance and repair contracts. • Adequate availability of key team members and equipment. III. SCOPE OF SERVICES Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list, and perform utility maintenance and repair services in those areas designated by the City on an emergency or unexpected task basis. Due to the on-call/as-needed nature of this Agreement, Work may vary according to the need and there is no guarantee that work will be assigned. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the Contractor and the City. If the City determines that the Contractor has not satisfactorily performed the Work, payment will be withheld for said Work until such time the Work is completed to the satisfaction of the City. All work for which progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City shall certify that the Work has been inspected and completed to the satisfaction of the City prior to payment. The Contractor shall be responsible for timely payment of any subcontractor, materialmen, workers and suppliers. The scope of services consists of both as -needed emergency and unexpected task bases which may include, but not limited to, the following: 4 0 Ps�!!s L:Aor, • Excavation, pavement cuts, minor grading, backfill, compaction • Removing and disposing of material • Welding repair or work • Removing and replacing improvements damaged during the course of Work • Setting up and taking down traffic control devices Water System — Install and repair components on an emergency or unexpected task basis, such as: • Waterlines generally ranging from 4 -inch to 18 -inch in diameter • Waterline pipeline of various materials • Valves of various types and sizes • Services generally ranging from 3/4" to 2" in diameter • Meters and boxes of various sizes • Backflow devices of various sizes • Pressure reducing, sustaining, and relieving valves of various sizes • Vaults of various sizes • Fire connections of various sizes Wastewater System — Install and repair components on an emergency or unexpected task basis, such as: • Pipeline generally varying from 6 -inch to 24 -inch in diameter • Laterals of various sizes • Clean -outs • Grease interceptors • Collection system mainlines • Vaults/wet wells • Valves of various sizes • Manholes Storm Water System — Install and repair components on an emergency or unexpected task basis, such as: • Storm drain pipeline maintenance and repair • Catch basins • Tide valves • Manholes Authorization of Work Unless otherwise noted as an emergency project, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. In an emergency, Contractor shall respond and mobilize within four (4) hours after initial request from the City for Work under this contract. Contractor shall perform the on-call services described in the Section III - Scope of Services ("Services" or "Work"). Upon written request from the City, Contractor shall provide a "letter proposal" for Services requested by the City (hereinafter referred to as the "Letter Proposal"). At a minimum, the Letter Proposal shall include, but is not limited to, the following: 5 d�r �p fP ft"Itee W6!:A0r8X • A detailed description of the Work to be provided; • The estimated number of hours, by task, and cost to complete the Work; and • A detailed Work schedule. No Services shall be provided until the City has provided written acceptance of the Letter Proposal, unless in an emergency situation after Contractor has received a written notice to proceed from the City Engineer or designee. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal and notice to proceed. Proaress of Work Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Wherever possible, Work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the City. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as increased, decreased or altered. Extra \A/nrk 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra work may be required, and extra time may be granted, by the City as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. If unit prices are not available, payment for extra work will be based on actual cost of labor, plus wholesale cost of materials, plus an industry standard markup not to exceed 15%. Extra services other than those listed in Exhibit A shall be negotiated on a time -and -material basis with a "not to exceed" amount. Acceptance of Work Done The City, at its sole discretion, will make inspections and determine that the Work has been completed in all respects in accordance with these specifications and, if applicable accepted. d�r �p fP ft"Itee W6!:A0r8X Billina Form. Records and Reports The Contractor shall maintain a record of all work performed, including but not limited to location, types, and amounts maintained/installed/removed. These records shall list the date(s) of the Work performed. A copy of such record shall be provided to the City upon completion of each Task Order. Contractor shall maintain such record through the term of the Agreement, plus three (3) years after Contract termination. The Contractor shall return appropriate and completed Task Orders showing the date and inventory of work performed, signed by an authorized representative of Contractor and attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the City. Method of Work The utility maintenance and repair work shall involve all work necessary to complete the work in place. All Work shall be performed per the Standard Specifications for Public Works Construction (Green Book — latest edition, unless otherwise noted), City of Seal Beach standards and provisions, State Water Resources Control regulations, AWWA standard practices, and any AHJ's requirements. The Contractor shall ensure all work performed under this contract be in such a manner as to provide maximum safety to the public and their staff. Contractor must comply with all safety standards required by all regulatory agencies including but not limited to: California Division of Occupational Safety and Health (CAL - OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHC). This also includes local regulatory compliance set forth by the City of Seal Beach. The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. The Contractor shall be responsible and shall take necessary precautions to protect work sites free of hazards and/or damages, until the Work is accepted by the City. Any hazardous conditions noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. Rubbish and construction debris shall be promptly removed from the work area and properly disposed of to an approved disposal site. The Contractor shall provide a self-propelled vacuum -type sweeper, or as approved by the City, as required to maintain Work site cleanliness. After removal operations have been completed, the grounds shall be left in a neat, safe, and presentable condition, to the satisfaction of the City. The Contractor shall verify the location of all utilities prior to any Work, and shall be held liable for all damages incurred due to his/her operations. Asbestos Concrete Pipe (ACP) Removal Work may require connection to and removal of existing ACP pipelines. The removal of existing ACP shall be to the nearest joint, unless otherwise noted. The Contractor shall pothole each connection point to the existing water main to determine the location of the existing joints and outside diameter (O.D.) of the existing pipe prior to proceeding with the tie-in work. Methods and procedures for properly handling, containing, temporary storage, transporting, testing, inspection, and disposal resulting from this work shall be the responsibility of the Contractor and shall conform to Federal, State, regional and local requirements. 7 d�r �P fP ft"Nee W6!:AOr8X The Contractor shall secure and pay for all required permits, including a hazardous waste generator permit, in conjunction with asbestos removal, temporary storage, transporting, and disposal and shall provide required reports and timely notifications as required by Federal, State, regional and local authorities. Temporary Water Service Work may require the installation of temporary water service in the affected area, and shall comply with the latest AWWA standards. This may include: a. Temporary water service shall be flushed, de -chlorinated, and bacteria tested at a City approved laboratory in the presence of the City's designated staff. b. Flushing of temporary water lines shall be approved by the City prior to bacteria testing. C. The Contractor shall test temporary water services for bacteria at 24 hours and 48 hours after the temporary water service has been flushed and approved by the City. d. Bacteria testing shall be at a City approved laboratory, shall adhere to the most current handling and custody requirements of that laboratory. e. The temporary water pipeline and services shall be constructed of materials that comply with NSF61. The Contractor will also be required to certify in writing that the materials used in the temporary water pipelines have never been used to convey wastewater, sewage, or reclaimed water. Temporary Sewer By -Pass When necessary, Contractor shall provide temporary means to maintain and handle flow in the existing sewer system as required to facilitate Work. Temporary means of handling flow may require the construction of bypass lines and bulkheads, pumping, including backup pump, or a combination thereof. Contractor shall be responsible for any sewage spillage, clean-up and associated fines by governing agencies. Contractor shall maintain a minimum of one backup pump per operating pump, on site, throughout the duration of any sewage pumping procedure. Dewatering Groundwater, surface water, and tidal fluctuations may be encountered in the Work area, where dewatering and/or controlling of surface water may/will be required for the utility maintenance and repair work. Contractor may be required to monitor groundwater levels and submit daily reports to the City, as necessary. Shoring If Work involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five (5) feet deep or more, then adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, shall conform to applicable safety orders. A shoring plan must be accepted by the City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer, as required by the City. M d�r �p fP ft"Itee W6!:AOr8X Traffic Control The Contractor shall maintain a safe environment at all times. Appropriate State/City traffic control standards and/or policies shall be adhered to for all Work. All Contactor employees shall have access to and are well - versed with the use of the W.A.T.C.H manual (Work Area Traffic Control Handbook) at all times. Personnel, vehicles, equipment, etc. shall be properly outfitted/equipped for the Work being performed. Any restrictions, due to the Work that cause travel ways to be less than State/City minimum requirement, shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of Work and remaining until all Work is completed to the satisfaction of the City. All traffic control, at a minimum, shall adhere to requirements of the WATCH Manual. Payment for traffic control shall be included in the various bid items in the cost proposal. NPDES Regulations The Contractor shall comply with all City, and applicable regulatory agency, regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain system or bodies of water. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor shall conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. Protection of Existina Utilities The Contractor shall take all due precautionary measures to protect all existing utilities. When necessary, the Contractor shall have all utilities located by the responsible agency at least 48 -hours prior to commencing any excavation or utility impacting work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA) (800) 422-4133. Protection from Damage The Contractor shall protect all public and private property that is not part of Work. Contractor shall protect property and facilities adjacent to and within the work areas. The work area shall be safe, clean, and presentable condition, as determined by the City. All public or privately owned improvements and facilities shall be restored to their original condition and location, or better, using new material only. Contractor shall repair such damage at Contractor's sole expense. Nothing herein shall be construed to entitle the Contractor exclusive use of any public right-of-way or City property. Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies. Withholding of Payment In the event that deficiencies in the Work or non-compliance with applicable standards are determined by the City, the Contractor will have 24 hours from the time of notification to remedy said deficiency. Deductions from the monthly payment due for Work not performed will be based upon the bid worksheets, which are to be submitted at the time of bid plus mark-up. 8 0 Ps�!!s L:Aor, IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee(a)sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by January 22, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interview (if conducted) • Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 1/4/2021 1/22/2021 1/29/2021, 2:00p.m. February 2021 March 2021 March 2021 Proposals are due by 2:00 PM on January 29, 2021 to the following. Postmarks will not be accepted. Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee sealbeachca.gov (562) 431-2527 ext. 1322 Please submit one (1) unbound original, two (2) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. 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 10 under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety 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 The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References Sample Letter Proposal Cost Proposal Exceptions Business Entity DIR Registration Number/Contractor's License Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding 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. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and 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 Contractor's firm and the Contractor's project manager. Understanding/Approach: Describe the Contractor's understanding of the 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. 11 d�r �p fP ft"Itee W6!:A0r8X • Project outcome • Construction value • Dates • Client project manager name, valid telephone number, and email 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. Cost Proposal: Contractors will be required to submit a "Cost Proposal for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services" as shown in Exhibit A. Additional labor/material rates may be provided in addition to Exhibit A. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit A. The Method of Payment of the Contract will be Time and Material. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). DIR Registration/Contractor's License: Clearly indicate the Contractor's Department of Industrial Relations registration number for the prime/sub-Contractor, and provide the Contractor and sub -Contractor's license information. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. 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. The Contractor's standard, overtime, and double-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. 12 d�r �p fP ft"Itee W6!:A0r8X VIII. INTERVIEW Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. 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. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. 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 - A statement addressing firm's ability to respond in emergencies and effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub -Contractors to perform the work. c. Experience working in a coastal community and urban environment. d. Contractor's experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. e. 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. Contractor's understanding of range of possible emergency and unexpected Work b. Contractor's ability to deploy the appropriate resources to promptly meet requested emergency and non -emergency Work. c. Contractor's availability to complete both small and large scale projects without the compromise of quality, cost, and/or time. d. Contractor's ability to self -perform the requested Work, or forma quality sub -contracting 13 d�r �p fP ft"Itee W6!:A0r8X team. e. Contractor's understanding of the nature of public sector work and its decision-making process. 4. Fee (30 points) a. 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 of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the 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: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Normal working hours will generally be between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the City prior to commencing Work during hours outside those stated above. b. Contractor shall maintain an adequate crew of at least two experienced employees to perform the services required. c. Contractor will be required to supply a list of equipment owned and available for Work. d. Contractor will be required to supply a list of references for similar work performed. e. Contractor will be required to supply a list of sub -contractors, if applicable. f. Contractor will be required to supply additional experience references, if requested. g. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. 14 a�o f e�exa P Ma Works i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j. Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. I. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. m. Contactor shall adhere to all Cal -OSHA rules and regulations for any and all Work performed under this Contract. n. Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. PFP.qnNNFI The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Laborers The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times. b. Typical Tasks Contractor shall supply laborers with the necessary skills to perform duties in connection with pavement marking maintenance. c. Licenses Contractor shall possess a valid Contractor's "A" and/or "C-34" License issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. Contractor shall have a valid City of Seal Beach business license for the term of the Agreement, if selected. Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. d. Knowledge and Abilities The Contractor's representative shall have a general knowledge of the utility maintenance and repair industry, including suitable experience in the field to perform the required work in a safe and thoughtful 15 d�r �p fP ft"Itee W6!:A0r8X manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. a. Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. b. Maintenance All equipment used by the Contractor shall be maintained in a good operable mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. c. Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right-of-way or on any City property without written authorization from the City. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the Work. The foreman, or contractor representative, shall check with the City weekly as to (1) schedule of Work; (2) complaints; and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled Work. The foreman shall be onsite while work is in progress. Foremen shall have a minimum of five (5) years of experience in the utility maintenance and repair field. TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City business hours. Normal City business hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call -out by the Contractor 16 d�r �p fP ft"Itee W6!:A0rW8_ shall not be more than four (4) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. XI. 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. 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 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 from the Project's 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 pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. 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 subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the 17 a�p fP ft"Itee W614rs-4- execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." 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. 18 EXHIBIT B Contractor's Proposal Roberts iwrhRPnPATFI) City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 To Whom it May Concern: Owned and operated by Timothy Roberts, T.E. Roberts, Inc. is comprised of over thirty-five years experience in the underground construction industry. Specializing in water, sewer, and storm drain construction T.E. Roberts, Inc. delivers unparalleled professional service. Tim began working in the pipeline industry in 1983, working as a foreman and equipment operator for another contracting firm in Southern California. Envisioning a company built on client satisfaction, safety, and innovation, and with the help of his son, Justin, Tim parted ways with his employer and began forming his business and clientele based on those principles. As we enter our twenty-first year of operation, T.E. Roberts, Inc. continues to grow and excel in providing water companies, municipalities and developers with quality services and superior safe craftsmanship. By establishing and maintaining a reputation of honesty, integrity and trust, T.E. Roberts, Inc. continues to provide and maintain pipeline systems to handle the diverse needs of all our clients. We have the personnel, equipment, established industry accounts, and business relationships in place to efficiently complete multi-million dollar projects. We are experienced in construction, restoration, and cost estimating within all types of environments. Our dedication to quality and service has enabled us to be on the select On -Call lists for various entities spanning Southern California, and we work hard to meet and exceed expectations for each of our clients. We are pleased to submit a proposal to the City of Seal Beach for On -Call Services. We look forward to safely serving your community. Sincerely, - Timothy Roberts President -,"'N 011-1 Rehiarfs GENERAI ENGINEERING (OMEI.A(EOR ;TABLE OF CONTENTS SECTION PAGE Company Qualifications 1-2 Local Staffing List 3-5 Understanding and Approach 6 References 7 Sample Letter Proposal 8 Cost Proposal 9-11 Exceptions 12 Business Entity 12 DIR Registration/Contractor's License 12 Contract Signatories 12 Roberts INCORPORATED GENERAL ENGINEERING (ORiIA(NOR COMPANY QUALIFICATIONS T.E. Roberts, Inc. has been providing underground utility installation and repair services throughout Southern California for twenty one years. As an experienced wet utility On -Call Contractor servicing municipalities and agencies, we have completed numerous small and large leak repairs on all types and sizes of pipe, small and large sewer repairs, storm drain repairs, storm debris removal, dewatering services, and other emergency repair services. T.E. Roberts, Inc. has 91 employees with 81 skilled crew members in the field ready to serve your needs. Owning most of our own equipment, we're ready to mobilize with fourteen excavators ranging from 5,000 to 100,000+ pounds, sixteen John Deere backhoes, thirteen wheel loaders, twelve dump trucks, thirteen water trucks, forty-five crew trucks, trash purrips of various sizes, shoring and safety shields, traffic control supplies such as arrow boards, message boards, cones, delineators, K -Rail, and barricades, as well as miscellaneous heavy equipment such as a 14 yard hydro vac truck, paving machine, skid steers, rollers, asphalt zippers, sweepers, compactors, and more. We also own a full complement of dewatering equipment. Safety is a priority at T.E. Roberts, Inc. and we comply with all applicable safety standards required by CAL - OSHA, comply with applicable local, State and Federal regulations including SCAQMD and OCEHD. Our work sites will be free of hazards and will provide maximum safety to the public, city personnel and our crew. We have written Safety Policies and Procedures in place, W.A.T.C.H. Handbooks on all jobsites, maintain at least two Certified Competent Persons on every crew, and all employees are subject to random drug testing. We also use a third party safety service to perform inspections and provide us with safety materials. We received the 2020 and 2011) First Place Construction Safety Excellence Award in the Utility Division from Associated General Contractors San Diego Chapter as well as the 2019 Contractor Safety Award from Engineering Contractors Association. y T.E. Roberts, Inc.'s 14 yard Hydro Vac Truck T.E. Roberts, Inc.'s Paving Machine 1 A 24 hour Emergency Contact List with home and cell phone numbers of key personnel will be provided to the City upon award of contract. Upon notification, T.E. Roberts, Inc. will immediately respond within one hour to assess the scope of work. A crew will mobilize within two hours with appropriate personnel, equipment, and materials to begin repair work. Our extensive fleet of equipment and personnel allow us to mobilize quickly. As an experienced underground contractor, we will perform and provide quality service, materials, and invoicing in a timely and professional manner. We will comply with Public Works Standards and DIR regulations. T.E. Roberts, Inc. is committed to providing quality pipeline services with on-time and on - budget project completions. Our high standards combined with the latest technology in pipeline construction allow us to deliver what our customers need when they need it. President Tim Roberts is personally involved with daily operations and is available by cell phone 24/7 to ensure customer satisfaction. We are currently on call for various agencies, including: • City of Newport Beach • City of Ontario • City of Glendora • City of Anaheim • City of Whittier • City of Chino Hills • City of Santa Ana • City of Norco • City of Fountain Valley • City of Buena Park • City of Loma Linda • City of Beaumont • City of Monterey Park • Orange County Water District LICENSES AND PERMITS • CSLB license # 603008 • OSHA T1 Trench/Excavation Permit # 2017-907202 "Copies of all licenses and permits available upon request 2 • Inland Empire Utilities Agency • Coachella Valley Water District • Eastern Municipal Water District • San Gabriel Valley Water Company • Fontana Water Company • South Coast Water District • Moulton Niguel Water District • Valley County Water District • Monte Vista Water District • Chino Desalter Basin Authority • Biola University • SCI • Rose Hills Memorial Park • Fairhaven Memorial Park • DIR registration # 1000000280 • Public Works Small Business Certification 1766256 L L ` O A v IL- L � Cao m cn m LL (/1 CL a • L � (% U O � D. • LU � . V v o L• � � H �� � •� � 76 ,c� • YI L L w r- LL w • W t4 Imo, U z bD Ln a-.' N o J Qj a.., 0 Y `n E (� H C2 � J- O I H v a� 40 m c ar a) C- cw -0Up 0 s V c _ — C .- v L J �, > is }i v = a 4 CL 2 CID M f L L H m E 4� 0 a ai L L CL Q O a 4� m I. Q N m 0 V bN m +-+ L r w V 4-1 u V o L XC G� W a y o � a o W ~� iQ o O O � c L a '� f- � CI -W a ~�� LU W 0:_ T.E. Roberts, Inc. PROJECT EXECUTIVE: • Plan and direct all aspects of company construction • Oversee all construction projects • Manage and direct the project management team • Ensure achievement of all project objectives within the contract specifications of each project • Recruiting and retaining a diverse team of qualified construction professionals • Maintain communication with clients regarding project specifications and expectations • Design and implement strategic planning for all projects • Monitoring project performance on all projects PROJECT MANAGER: • Oversee construction projects from beginning to end • Manage the budget and estimate costs • Determine the necessary equipment, materials, and manpower needed • Keep track of inventory, tools, and equipment • Ensure supplies and equipment are ordered and delivered according to schedule • Prepare reports regarding job status • Resolve any problems that may arise • Collaborate with subcontractors, engineers, architects and key members of the project team • Negotiate with external vendors on contract agreements • Obtain the appropriate permits and licenses from authorities for construction sites • Plan construction operations • Ensure all deadlines are met • Delegate responsibilities to project engineers/coordinators as necessary • Allocate and manage resources to ensure they are available when they are needed throughout the construction projects • Keep the City aware of the progress on projects and prepare progress reports regularly • Handle any environmental or local community issues that may come up during a project • Conduct site checks to monitor progress and quality standards 4 T.E. Roberts, Inc. PROJECT COORDINATOR: • Coordinate project management activities, resources, equipment, and information • Liaise with clients to identify and define requirements, scope, and objectives • Ensure clients' needs are met as the project evolves • Aid project manager in project procurement • Aid project manager in monitoring project progress and handling any issues that arise • Monitor working hours, plans, and expenditures • Create and maintain comprehensive project documentation, plans, and reports • Assist in all project administration duties • Ensure all pre -project requirements are met, including submittals, permits, etc. CONSTRUCTION SUPERINTENDENT: • Leading and managing the on-site construction team • Coordinating and overseeing all work on site • Attend production meetings • Review and ensure adherence to the construction schedule and budget • Ensure quality standards are met • Maintain responsibility for equipment and materials on site • Follow project timelines to ensure deadlines are met • Monitor and ensure on-site safety compliance, cleanliness, and orderliness • Maintain records for site personnel, such as daily reports, field orders, and RFI • Liaise with inspection authorities regarding approvals 5 Roberts INCORPORATED GENERAL ENGINEERING CONERACIOR UNDERSTANDING ,AND APPROACH As an experienced On -Call contractor we can provide all services detailed in your scope of services: *Water System Installation and Repairs -ARI sizes and types of piping and appurtenances, meters, vaults and connections. *Wastewater System Component Installation and Repairs -Force mains, laterals, clean -outs, grease interceptors, collection system mainlines, vaults/wet wells, valves and manholes. *Storm Water System Component Installation and Repairs -Storm drain piping, catch basins, tide valves and manholes The above work may encompass excavation, pavement cuts, minor grading, disposal and hauling of spoils and excess materials, backfill and compaction, asphalt repair work with our specialized paving division and welding repair work with our certified welders. We can perform all services above with our own forces, including surface restoration. However, we may subcontract saw cutting and some concrE!te work. We also subcontract traffic control plans. T.E. Roberts, Inc. has protocols in place to respond to both emergency and non -emergency On -Call requests. In emergency cases, upon receiving a call from the City,. T.E. Roberts, Inc. will immediately dispatch an experienced member of our On -Call team to the work site to meet with a representative from the City in order to assess the work: and determine the plan of action required in order to perform the repair. This plan will include the necessary manpower, equipment, and material. We will immediately call for emergency underground service alerts and begin to mobilize our forces immediately using our own trucks to transport the necessary equipment. Following best management practices, T.E. Roberts, Inc. will complete the repair. Our crew will work 24 hours if needed to ensure that service is re-established as soon as possible. In non -emergency cases, upon receiving a call from the City, T.E. Roberts, Inc. will coordinate with a City representative to meet at the work site to assess the work and determine the plan of action required in order to perform the work. This plan will include the necessary manpower, equipment, and material. We will coordinate with our office staff to create a detailed proposal for the work, which will be sent to the City. After the City has approved and signed the proposal, T.E. Roberts, Inc. will call in underground service alerts, emergency status if necessary, and prepare to mobilize our forces as needed, utiiizing our own trucks to transport the necessary equipment. Our crew will work to complete the repair according to the agreed upon schedule with the City. In both emergency and non -emergency cases, upon completion of the repair, T.E. Roberts, Inc. will restore the work site to its prior condition. This may include asphalt paving, concrete work, and/or landscaping. 9 _P Roberts INCO_R__EERPO_RAT ED GENERAL ENGINING (ON7RA(NOR REFERENCES Owner: City of Ontario, 1425 S. Bon View Avenue, Ontario, CA 91761 POC: ,Andy Marquez (909) 721-8931 Project Name: On -Call Water Services Description: On -Call Services for water, sewer, and storm drain Contract amount: $1,200,000.00/yr Project Awarded: 8/8/2011 Completion: N/A As Needed Work Owner: City of Newport Beach, 100 Civic Center Drive, Newport Beach, CA 92660 POC: Mike Lynch (949) 718-3415 Project Name: On -Call Services Description: On -Call Services for water, wastewater, and stormwater Contract amount: $870,000.00 Project Awarded: 6/18/2018 Completion: N/A As Needed Work Owner: Moulton Niguel Water District, 26161 Gordon Road, Laguna Niguel, CA 92653 POC: Steve Merk (949) 831-2500 Project Name: On -Call Services Description: On -Call Services for water, wastewater, and stormwater Contract amount: $1,250,000.00 Project Awarded: 7/9/2020 Completion: N/A As Needed Work Owner: City of Glendora, 116 E. Foothill Boulevard, Glendora, CA 91741 POC: Steve Newton (626) 253-6160 Project Name: On -Call Services Description: On -Call Services for water, wastewater, and stormwater Contract amount: $125,000.00/yr Project Awarded: 5/22/2015) Completion: N/A As Needed Work Owner: South Coast Water District, 31592 West Street, Laguna Beach, CA 92651 POC: Brian Lynn (949) 289-0039 Project Name: On -Call Emergency Services Description: On -Call emergency Services for water, wastewater, and stormwater Contract amount: $200,000.00/yr Project Awarded: 10/2/2019 Completion: N/A As Needed Work 7 Roberts Proposal DATE: IN_C_O_RPORATED GENERAL ENGINEERING (ONi RA(i0R T.E. Roberts, Inc. 306 W. Katella Avenue Unit B Orange, CA 92867 Phone (714) 669-0072 Fax (714) 200-0241 TO: CITY OF SEAL BEACH FOR: ATTN: DESCRIPTION Unit Qty Total TOTAL Excludes: 1. Permits, bonds, inspection fees, connection fees, assessment fees, engineering fees, all other fees. 2. Engineering, staking and compaction testing. 3. Concrete, asphalt or landscape replacements. 4. Construction water and meter. (Minimum 2" service line required) 5. Traffic control plan, K -Rail or fencing. 6. Slurry, concrete backfill or encasements unless specified in our bid proposal. 7. Traffic loops, striping or raised pavement markers. 8. Rock, hardpan, excessively hard ground excavation, or screening of backfill. 9. Imported backfill and drying of trench excavated material that has over optimum moisture content. 10. Dewatering of any groundwater. 11. Demolition of existing onsite Improvements unless specified in our bid proposal. 12. Erosion Control and SWPPP. 13. Tunneling of existing utilities not shown on plans. Thank you for the opportunity to provide a proposal for this project! Tim Roberts T.E. Roberts, Inc. Accepted by: Date 8 `nP Nin works t.i COST PROPOSAL FOR ON-CALL EMERGENCY AND UNEXPECTED TASK UTILITY MAINTENANCE AND REPAIR SERVICES (additional labor/material rates may be added as a separate attachment) MOBILIZATION COST 6t5o. Do /TASK ORDER MINIMUM CALL OUT (in dollars orhours, if applicable) � hours EQUIPMENT NO. DESCRIPTION UNIT OF MEASURE UNIT PRICE DESCRIPTION El Pick -Up Truck HOUR $ 2lso Ford F350 E2 Crew Truck HOUR $ 33.00 t=brd F!5,5 C) vi1'h +D9is E3 Flatbed Truck HOUR $ 2-1.150 Ford F-7sO E4 Bed Trailer HOUR $�4eavy S2 jO hau 1rucK with yowbed 1Ya��er E5 Bobcat HOUR $ 4LA.00 catty -F tIar 2(o2D E6 Small Excavator HOUR $ °I°I .' 0 John 9,tert 95D E7 Medium Excavator HOUR $ t . °D tai 1-aGh i 2.1413G E8 Large Excavator HOUR $ t2l -�jfiacht 2_XH50 E9 Backhoe HOUR $ y6.1 beere LttD or lto N Public Weift E10 Dump Truck/Super 10 HOUR $�5,0D �. CA terpi1CV660 pUli TYUcp- Ell Truck and Pup HOUR $ 2 s° Gat"i Ila►' M Yvith 1Yuiltr E12 Water Truck HOUR $ 3� 5° 20a0 ballon Or 4060 Gallon E13 Vactor Truck HOUR $ 2 50. °o 13.5 yArd Gaierpillar CTU60 NycYw VAC E14 Sweeper HOUR $ -19.2-0 vre.i�htliner AtC10 E15 Wheel Loader HOUR $ 60.50 Jahn P-Myt 544, b2y,or boy E16 Skip Loader HOUR $ L4L D° John beer- 21nir-- E17 Air Compressor w/Jack HOUR $ 22 p0 2--1 C) CSM Hammer E18 Hydraulic Breaker HOUR $ I DD la� cap �X LZ �QT E19 Asphalt Paver HOUR $ 430 °° leebby Qavti�9 MaGh�he 3520 E20 Concrete Mixer HOUR $ O° Wttffq ul p (% $ ly" I�SQvf'-NA �C�10 E21 Concrete Saw HOUR E22 Compaction Wheel HOUR $ I ( °a 2' kmevlC&n Gnrw pa chor� E23 Wacker HOUR $ 2 °o Mul�ia�n� l' MTX E24 Vibratory Compactor HOUR $ a ka I SV 9 l2 - kwua<< Wi!"h E25 Generator HOUR $ Crew tv U Ck 10 ( �, *--,, - � e � � f'..�: Pdkllc works LABOR NO. DESCRIPTION STANDARD OVERTIME DOUBLE TIME Ll Superintendent $ I W 15, °o $ 2 � -1 5,0 $ 2 Ot 0, 00 L2 Project Manager $ 1 �_0 °0 $ 11. (D 00 $ 140. °0 L3 Foreman/Operator $ 2 00 $ 2 $ 2-56. 0 0 L4 Foreman/Laborer $ 0 () ° ° $ 50 $ 2 0 0 00 L5 Operator $ 1 E-3. 0 0 $ 1 S $ 2_4 00 L6 Laborer $ 90. 00 $ 3 cJ oo $ I D 00 L7 Welder $ S.00 9S.00 $ Li --1 UO $ L8 Teamster $ Gl ( oa $ ` i -q 00 $ 1 q 00 L9 Pipelayer $ 3. 00 $ 3 9 .5 c) $` g L.01) MARK-UP FOR ITEMS NOT NOTED ABOVE NO. DESCRIPTION PERCENTAGE Mi Material 0 % M2 Equipment 0 % M3 LaborCj % 11 Roberts INCORPORATED GFM[IAl EMGIMMIMG GOOIAAGIOO EXCEPTIONS T.E. Roberts, Inc. has no exceptions to this contract, BUSINESS ENTITY T.E. Roberts, Inc. is a California Corporation DIR REGISTRATION/CONTRACTOR'S LICENSE DIR Registration No. 1000000280 Exp. lune 30, 2022 CSLB 603008 A — General Engineering, C-34 — Pipeline Exp. October 31, 2022 CONTRACT SIGNATORIES C Timothy Roberts, President Justin Roberts, Secretary 12 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. PROFESSIONAL MAINTENANCE AGREEMENT for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Valverde Construction, Inc. 10936 Shoemaker Avenue, Santa Fe Springs, CA 90670 (562) 906-1826 This Professional Maintenance Agreement ("the Agreement") is made as of March 8, 2021 (the "Effective Date"), by and between Valverde Construction, Inc. ("Contractor"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain on-call emergency and unexpected task utility maintenance and repair services. B. City desires to engage Contractor to provide on-call emergency and unexpected task utility maintenance and repair services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal members of its firm are qualified California licensed contractors (276469 A, B, C-10, C-16, C-36, DIR 1000002110) and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Strictly on an on-call emergency or unexpected task basis, Contractor shall provide those utility maintenance and repair services (collectively "Services") set forth in the Request for Proposal (Exhibit A), and Contractor's Proposal (Exhibit B), attached 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 emergency or unexpected task nature of this Contract, 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 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'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 2of14 Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's 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 ("Original Term") and shall expire at midnight on March 8, 2024, 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 to two (2) 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 the City, the first extension shall have a term extending from March 8, 2024 through and including March 8, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from March 8, 2025 through and including March 8, 2026, 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 Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $300,000.00 (Three Hundred Thousand and 00/XX dollars) for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, 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 $100,000.00 (One Hundred Thousand and 00/XX dollars) for each extension. 3 of 14 3.3. Contractor will not be compensated for any work performed not authorized by City and 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. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B. 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'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. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights 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. 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. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Ahron Valverde is the Contractor's primary representative for purposes of this Agreement. Ahron Valverde shall be responsible during the term 4 of 14 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: Valverde Construction, Inc. 10936 Shoemaker Avenue Santa Fe Springs, CA 90670 Attn: Edward Valverde 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. 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, and Contractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor's 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. 8.2. 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 5 of 14 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 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 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. 8.3. 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. 8.4. 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 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 8.0. 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. 6 of 14 9.0 PERS Compliance and Indemnification 9.1. 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, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. 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 applicable retirement laws and regulations. 9.2. 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's violation of any provisions of this Section 9.0. 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. 10.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or 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. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 11.0 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. 12.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 7 of 14 13.0 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 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 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. The 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. 15.0 Insurance 15.1. 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. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the 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 the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain 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. Insurance is to 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. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, 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; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease. 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) 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 the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, 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 directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers 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; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 15.4. 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 the City, its directors, officials, officers, employees, agents, and volunteers. 9 of 14 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims 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. The Contractor shall 10 of 14 reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 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's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages 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. 16.3. The obligations of Contractor under this 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 any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 16.4. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 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 11 of 14 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then 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. 20.0 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. 21.0 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. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. 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 12 of 14 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 Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. 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. 25.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, 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 subsection 26.0 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. 27.0 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. 28.0 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 13 of 14 by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 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 M Attest: in Jill R. Ingram, City Manager Gloria D. Harper, City Clerk Approved as F By: Craig A. Steele, City Attorney CONTRACTOR: Valverde Construction, Inc, a California corporation go By: Secretary (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.) 14 of 14 EXHIBIT Request for Proposal (January 4, 2021) City of Seal Beach Request for Proposals for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services A ? '1_' O,' S RFP responses to be received until 2:00 P.M., January 29, 2021 in the Public Works Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising ���17ris Lee City Engineer Date Issued: January 4, 2021 0 a PuUllc Werks Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE AND COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS 0we] 21►121:L1 Wto] ►191k9[eilk K EXHIBIT A — Cost Proposal EXHIBIT B — Sample Contract Psklls Works REQUEST FOR PROPOSALS FOR ON-CALL EMERGENCY AND UNEXPECTED TASK UTILITY MAINTENANCE AND REPAIR SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EMAILING ilee(&sealbeachca.2ov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED. I. INTRODUCTION The City of Seal Beach ("City") owns and operates the water, wastewater, and storm drain system. The City's water system provides service to approximately 5,500 customers through 68 miles of transmission and distribution pipeline generally ranging from 4 -inch to 18 -inch diameter, constructed of cast-iron, asbestos cement, PVC, reinforced concrete cylinder and cement mortar -lined and coated steel pipes. The water system also consists of three (3) active wells, two (2) reservoirs, two (2) booster pump stations, and an imported water supply connection. The City's wastewater system consists of approximately 181,000 feet of gravity sewer, 780 manholes, and six (6) sewer pump stations along with their respective force mains. The majority of the gravity sewers are constructed of VCP with sizes generally ranging from 6 -inch to 24 -inch in diameter. There is a small amount of PVC pipeline. The City's storm water system covers 11.5 square miles, which consist of City -owned facilities, as well as regional facilities owned and operated by the Orange County Flood Control District and Los Angeles County Flood Control District. The system includes over 8 miles of pipeline that are primarily RCP, and two (2) pump stations. The City is seeking one or more contractors who would be available to provide on-call utility maintenance and repair services in both emergency and unplanned situations, for an anticipated term of three (3) years. The final agreement amount and term will depend on the quality, diversity, and responsiveness of the received proposals, and the future need for emergency and unexpected task work. Work shall comply with the State Water Resources Control regulations, AWWA standard practices, City of Seal Beach standards, applicable and current Standard Specifications for Public Works Projects, and any Agencies Having Jurisdiction (AHJ's) requirements. Due to the on-call/emergency nature of this contract, no work is guaranteed, even if awarded. The scope, work schedule, and costs for each requested emergency or unexpected task will be negotiated on a project -by -project basis, based on the rates specified in the response. The City reserves the right to not accept the Contractor's proposed scope and fee, and to let any project for competitive bid at the discretion of the City. 3 Mile Works II. QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class A (General Engineering) and/or C-34 (Pipeline) license issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional utility maintenance and repair service experience. • Ability to mobilize and respond to emergency job sites, as necessary within the time frames provided in this RFP. • Maintain, or have the ability to quickly acquire, all necessary labor, equipment, and material to promptly complete the Work. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Familiarity with public sector on-call maintenance and repair contracts. • Adequate availability of key team members and equipment. III. SCOPE OF SERVICES Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list, and perform utility maintenance and repair services in those areas designated by the City on an emergency or unexpected task basis. Due to the on-call/as-needed nature of this Agreement, Work may vary according to the need and there is no guarantee that work will be assigned. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the Contractor and the City. If the City determines that the Contractor has not satisfactorily performed the Work, payment will be withheld for said Work until such time the Work is completed to the satisfaction of the City. All work for which progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City shall certify that the Work has been inspected and completed to the satisfaction of the City prior to payment. The Contractor shall be responsible for timely payment of any subcontractor, materialmen, workers and suppliers. The scope of services consists of both as -needed emergency and unexpected task bases which may include, but not limited to, the following: 4 f e�rw.rars • Excavation, pavement cuts, minor grading, backfill, compaction • Removing and disposing of material • Welding repair or work • Removing and replacing improvements damaged during the course of Work • Setting up and taking down traffic control devices Water System — Install and repair components on an emergency or unexpected task basis, such as: • Waterlines generally ranging from 4 -inch to 18 -inch in diameter • Waterline pipeline of various materials • Valves of various types and sizes • Services generally ranging from 3/4" to 2" in diameter • Meters and boxes of various sizes • Backflow devices of various sizes • Pressure reducing, sustaining, and relieving valves of various sizes • Vaults of various sizes • Fire connections of various sizes Wastewater System — Install and repair components on an emergency or unexpected task basis, such as: • Pipeline generally varying from 6 -inch to 24 -inch in diameter • Laterals of various sizes • Clean -outs • Grease interceptors • Collection system mainlines • Vaults/wet wells • Valves of various sizes • Manholes Storm Water System — Install and repair components on an emergency or unexpected task basis, such as: • Storm drain pipeline maintenance and repair • Catch basins • Tide valves • Manholes Authorization of Work Unless otherwise noted as an emergency project, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. In an emergency, Contractor shall respond and mobilize within four (4) hours after initial request from the City for Work under this contract. Contractor shall perform the on-call services described in the Section III - Scope of Services ("Services" or "Work"). Upon written request from the City, Contractor shall provide a "letter proposal" for Services requested by the City (hereinafter referred to as the "Letter Proposal"). At a minimum, the Letter Proposal shall include, but is not limited to, the following: 5 ago f 2:�gaz to,"" Portle w.rars • A detailed description of the Work to be provided; • The estimated number of hours, by task, and cost to complete the Work; and • A detailed Work schedule. No Services shall be provided until the City has provided written acceptance of the Letter Proposal, unless in an emergency situation after Contractor has received a written notice to proceed from the City Engineer or designee. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal and notice to proceed. Proaress of Work Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Wherever possible, Work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the City. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as increased, decreased or altered. Extra \A/nrk 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra work may be required, and extra time may be granted, by the City as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. If unit prices are not available, payment for extra work will be based on actual cost of labor, plus wholesale cost of materials, plus an industry standard markup not to exceed 15%. Extra services other than those listed in Exhibit A shall be negotiated on a time -and -material basis with a "not to exceed" amount. Acceptance of Work Done The City, at its sole discretion, will make inspections and determine that the Work has been completed in all respects in accordance with these specifications and, if applicable accepted. Mile Works Billina Form. Records and Reports The Contractor shall maintain a record of all work performed, including but not limited to location, types, and amounts maintained/installed/removed. These records shall list the date(s) of the Work performed. A copy of such record shall be provided to the City upon completion of each Task Order. Contractor shall maintain such record through the term of the Agreement, plus three (3) years after Contract termination. The Contractor shall return appropriate and completed Task Orders showing the date and inventory of work performed, signed by an authorized representative of Contractor and attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the City. Method of Work The utility maintenance and repair work shall involve all work necessary to complete the work in place. All Work shall be performed per the Standard Specifications for Public Works Construction (Green Book — latest edition, unless otherwise noted), City of Seal Beach standards and provisions, State Water Resources Control regulations, AWWA standard practices, and any AHJ's requirements. The Contractor shall ensure all work performed under this contract be in such a manner as to provide maximum safety to the public and their staff. Contractor must comply with all safety standards required by all regulatory agencies including but not limited to: California Division of Occupational Safety and Health (CAL - OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHC). This also includes local regulatory compliance set forth by the City of Seal Beach. The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. The Contractor shall be responsible and shall take necessary precautions to protect work sites free of hazards and/or damages, until the Work is accepted by the City. Any hazardous conditions noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. Rubbish and construction debris shall be promptly removed from the work area and properly disposed of to an approved disposal site. The Contractor shall provide a self-propelled vacuum -type sweeper, or as approved by the City, as required to maintain Work site cleanliness. After removal operations have been completed, the grounds shall be left in a neat, safe, and presentable condition, to the satisfaction of the City. The Contractor shall verify the location of all utilities prior to any Work, and shall be held liable for all damages incurred due to his/her operations. Asbestos Concrete Pipe (ACP) Removal Work may require connection to and removal of existing ACP pipelines. The removal of existing ACP shall be to the nearest joint, unless otherwise noted. The Contractor shall pothole each connection point to the existing water main to determine the location of the existing joints and outside diameter (O.D.) of the existing pipe prior to proceeding with the tie-in work. Methods and procedures for properly handling, containing, temporary storage, transporting, testing, inspection, and disposal resulting from this work shall be the responsibility of the Contractor and shall conform to Federal, State, regional and local requirements. 7 Mile Works The Contractor shall secure and pay for all required permits, including a hazardous waste generator permit, in conjunction with asbestos removal, temporary storage, transporting, and disposal and shall provide required reports and timely notifications as required by Federal, State, regional and local authorities. Temporary Water Service Work may require the installation of temporary water service in the affected area, and shall comply with the latest AWWA standards. This may include: a. Temporary water service shall be flushed, de -chlorinated, and bacteria tested at a City approved laboratory in the presence of the City's designated staff. b. Flushing of temporary water lines shall be approved by the City prior to bacteria testing. C. The Contractor shall test temporary water services for bacteria at 24 hours and 48 hours after the temporary water service has been flushed and approved by the City. d. Bacteria testing shall be at a City approved laboratory, shall adhere to the most current handling and custody requirements of that laboratory. e. The temporary water pipeline and services shall be constructed of materials that comply with NSF61. The Contractor will also be required to certify in writing that the materials used in the temporary water pipelines have never been used to convey wastewater, sewage, or reclaimed water. Temporary Sewer By -Pass When necessary, Contractor shall provide temporary means to maintain and handle flow in the existing sewer system as required to facilitate Work. Temporary means of handling flow may require the construction of bypass lines and bulkheads, pumping, including backup pump, or a combination thereof. Contractor shall be responsible for any sewage spillage, clean-up and associated fines by governing agencies. Contractor shall maintain a minimum of one backup pump per operating pump, on site, throughout the duration of any sewage pumping procedure. Dewatering Groundwater, surface water, and tidal fluctuations may be encountered in the Work area, where dewatering and/or controlling of surface water may/will be required for the utility maintenance and repair work. Contractor may be required to monitor groundwater levels and submit daily reports to the City, as necessary. Shoring If Work involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five (5) feet deep or more, then adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, shall conform to applicable safety orders. A shoring plan must be accepted by the City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer, as required by the City. M Mile Works Traffic Control The Contractor shall maintain a safe environment at all times. Appropriate State/City traffic control standards and/or policies shall be adhered to for all Work. All Contactor employees shall have access to and are well - versed with the use of the W.A.T.C.H manual (Work Area Traffic Control Handbook) at all times. Personnel, vehicles, equipment, etc. shall be properly outfitted/equipped for the Work being performed. Any restrictions, due to the Work that cause travel ways to be less than State/City minimum requirement, shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of Work and remaining until all Work is completed to the satisfaction of the City. All traffic control, at a minimum, shall adhere to requirements of the WATCH Manual. Payment for traffic control shall be included in the various bid items in the cost proposal. NPDES Regulations The Contractor shall comply with all City, and applicable regulatory agency, regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain system or bodies of water. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor shall conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. Protection of Existina Utilities The Contractor shall take all due precautionary measures to protect all existing utilities. When necessary, the Contractor shall have all utilities located by the responsible agency at least 48 -hours prior to commencing any excavation or utility impacting work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA) (800) 422-4133. Protection from Damage The Contractor shall protect all public and private property that is not part of Work. Contractor shall protect property and facilities adjacent to and within the work areas. The work area shall be safe, clean, and presentable condition, as determined by the City. All public or privately owned improvements and facilities shall be restored to their original condition and location, or better, using new material only. Contractor shall repair such damage at Contractor's sole expense. Nothing herein shall be construed to entitle the Contractor exclusive use of any public right-of-way or City property. Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies. Withholding of Payment In the event that deficiencies in the Work or non-compliance with applicable standards are determined by the City, the Contractor will have 24 hours from the time of notification to remedy said deficiency. Deductions from the monthly payment due for Work not performed will be based upon the bid worksheets, which are to be submitted at the time of bid plus mark-up. 8 f e�rw.rars IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee(a)sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by January 22, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interview (if conducted) • Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 1/4/2021 1/22/2021 1/29/2021, 2:00p.m. February 2021 March 2021 March 2021 Proposals are due by 2:00 PM on January 29, 2021 to the following. Postmarks will not be accepted. Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee sealbeachca.gov (562) 431-2527 ext. 1322 Please submit one (1) unbound original, two (2) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. 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 10 °; Mils Works under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety 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 The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References Sample Letter Proposal Cost Proposal Exceptions Business Entity DIR Registration Number/Contractor's License Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding 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. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and 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 Contractor's firm and the Contractor's project manager. Understanding/Approach: Describe the Contractor's understanding of the 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. 11 a If"" Psklls Works • Project outcome • Construction value • Dates • Client project manager name, valid telephone number, and email 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. Cost Proposal: Contractors will be required to submit a "Cost Proposal for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services" as shown in Exhibit A. Additional labor/material rates may be provided in addition to Exhibit A. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit A. The Method of Payment of the Contract will be Time and Material. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). DIR Registration/Contractor's License: Clearly indicate the Contractor's Department of Industrial Relations registration number for the prime/sub-Contractor, and provide the Contractor and sub -Contractor's license information. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. 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. The Contractor's standard, overtime, and double-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. 12 Mile Works VIII. INTERVIEW Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. 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. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. 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 - A statement addressing firm's ability to respond in emergencies and effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub -Contractors to perform the work. c. Experience working in a coastal community and urban environment. d. Contractor's experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. e. 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. Contractor's understanding of range of possible emergency and unexpected Work b. Contractor's ability to deploy the appropriate resources to promptly meet requested emergency and non -emergency Work. c. Contractor's availability to complete both small and large scale projects without the compromise of quality, cost, and/or time. d. Contractor's ability to self -perform the requested Work, or forma quality sub -contracting 13 Mile Works team. e. Contractor's understanding of the nature of public sector work and its decision-making process. 4. Fee (30 points) a. 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 of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the 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: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Normal working hours will generally be between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the City prior to commencing Work during hours outside those stated above. b. Contractor shall maintain an adequate crew of at least two experienced employees to perform the services required. c. Contractor will be required to supply a list of equipment owned and available for Work. d. Contractor will be required to supply a list of references for similar work performed. e. Contractor will be required to supply a list of sub -contractors, if applicable. f. Contractor will be required to supply additional experience references, if requested. g. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. 14 e�r '/ w1Nts i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j. Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. I. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. m. Contactor shall adhere to all Cal -OSHA rules and regulations for any and all Work performed under this Contract. n. Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. PFP.qnNNFI The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Laborers The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times. b. Typical Tasks Contractor shall supply laborers with the necessary skills to perform duties in connection with pavement marking maintenance. c. Licenses Contractor shall possess a valid Contractor's "A" and/or "C-34" License issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. Contractor shall have a valid City of Seal Beach business license for the term of the Agreement, if selected. Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. d. Knowledge and Abilities The Contractor's representative shall have a general knowledge of the utility maintenance and repair industry, including suitable experience in the field to perform the required work in a safe and thoughtful 15 Mils Works manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. a. Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. b. Maintenance All equipment used by the Contractor shall be maintained in a good operable mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. c. Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right-of-way or on any City property without written authorization from the City. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the Work. The foreman, or contractor representative, shall check with the City weekly as to (1) schedule of Work; (2) complaints; and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled Work. The foreman shall be onsite while work is in progress. Foremen shall have a minimum of five (5) years of experience in the utility maintenance and repair field. TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City business hours. Normal City business hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call -out by the Contractor 16 ' Mils Works shall not be more than four (4) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. XI. 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. 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 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 from the Project's 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 pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. 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 subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the 17 e�r '/ w!Nts execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." 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. 18 EXHIBIT B Contractor's Proposal City of Seal Beach Request for Proposals for On -Call EmergencV and Unexpected Task Utility Maintenance and Repair Services Due January 29, 2021 at 2:44 p.m. Submitted By: Valverde Construction, Inc. License No. 276469 10936 Shoemaker Avenue Santa Fe Springs, CA 90670 (562) 906-1826 j oev@Walverdeconst.com VAI, VEKDE CONS TR (JCTNJN, INC f:iem-1af f izgipsec rim C owraclm W License No. 276469 10936 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 • FAX: (562) 906-1918 January 29, 2021 Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 SECTION 1- COVER LETTER for Request for Proposals On -Call Emergency and Unexpected Task Utility Maintenance and Repairs Services for the City of Seal Beach, Department of Public Works Valverde Construction, Inc., a California Corporation is a licensed utility contractor specializing in underground utility installation and repairs for over 49 years. Our work force is experienced in every aspect water, sewer and storm drain installation and repair including any and all related work incidental and supplemental to the job. Our experience in the industry has led to many on-cali agreements with cities, counties and water districts throughout Southern California. We are currently working for the City of Seal Beach periodically and enjoy a good relationship with you over many years. Our available resources on a 7 -day, 24 hour basis include: various supply houses, shoring supplies and raw material suppliers in addition to our in-house material support which includes various, dewatering equipment and confined space equipment when needed. In addition to the installation and repair sewer work we can also complete the process with various backfill, compaction and concrete or asphalt repairs. We have a fleet of trucks, backhoes, arrow boards, compressors, and all necessary equipment to complete an emergency job promptly and successfully. Below is a list of individual authorized to make representation for this proposal, their titles, v and, email addresses and telephone numbers: Name Title Email Addresses Phone Joe Valverde President/Founder joev@;valverdecont.com (562)244-4941 Edward Valverde Vice President/Chief Estimator edmrdv@valverdeconst.corn (310) 420-2167 Ahron Valverde Corporate Secretary/ General Superintendent .. ahrowpvalverdeconst.corr (562) 244-4705 Thank you for your consideration. Sincerely, VALVERDE CONSTRUCTION, INC. Edward Valverde Vice President Section 2 - Table of Contents TABLE OF CONTENTS Section Contents Page # Section 1 Cover Letter 1 Section 2 Table of Contents 2 Section 3 Company Qualifications 3 Section 4 Local Staffing List 5 Section 5 Understanding/Approach 7 F C Section 6 References 8 Section 7 Sample Letter Proposal 11 Section 8 Cost Proposal 14 Section 9 Exceptions 18 Section 10 Business Entitiy 19 Section 11 DIR Registration No./Contractor's License 20 Section 12 Contract Signatories 21 Section 3 —Company Qualifications STATEMENT OF QUALIFICATION Valverde Construction, Inc., a California Corporation is a licensed utility contractor specializing in water, sewer and storm drain installation and repairs for over 49 years. Our work force Is experienced in every aspect water, sewer and storm drain installation and repair including all related work incidental and supplemental to the job. We maintain a 24 hour on-call emergency service center that can immediately coordinate and respond to your needs within minutes. Our experience and reputation in the industry has led to many on-call agreements with cities, counties and water districts throughout Southern California. Current multi-year contracts include: The City of Los Angeles On -Call Emergency Water and Sewer Repair, Cityof Paramount, City of Corona, the City of La Palma, the City of Vernon, the City of Signal Hill and many others. We are well versed in public sector on-call maintenance and repair contracts, as we've performed them for decades. We also have a background or working with the City of Los Angeles and the City of Seal Beach in coastal areas, piers, and related beach locations. A California State Licensed Contractor since 1972, our classifications include A- General Engineering, B- Building, C 10 - Electrical, C16 Fire Protection and C36- Plumbing. Current Major Projects Include: California High Speed Rail — Fresno to Madera 2016-2025 Owner: CA High Speed Rail Authority Prime: Tutor-Perini/Zachry/Parsons JV • Metro Purple Line Projects Section 2 & Section 3 2018-2026 Owner: Los Angeles County Metropolitan Transportation Authority Tutor Peroini/O&G JV We are certified by the state of California as a Minority Business Enterprise, and a Disabled Veteran Business Enterprise. Our commitment to safety and professionalism includes two full time safety coordinators in Southern California, assuring all OSHA- Mandated safety procedures are followed. We adhere to all state and county COVID19 requirements. We have worked previously with the City of Seal Beach on several projects within the last five years and are familiar with the City's Standards, provisions and practices as well as the Standard Specifications for Public Works Construction (Green book- latest edition), State Water Resources Control regulations, AWWA Standard Practices and any AHJ's requirements See following page for a list of recent Seal Beach jobs completed. 13 q W) V N Q t 0 Y O (o 0 CL 0 L- CL 0 a 00 o +L 0 0 t Y Ma Y `a ro ttt -)e -a Y -a Y -a ro ro ro m ro -he -a .x -a rB Q.0 ,L L" u. u y •L u .0 U- W U- .r- •L L LL L L ..0 O co ro S 5 m 0 m O m O j � m O [`� 0 U a d O w w p p w w U q p p Q u� w °,�° t0 c0 t0 W n rn a, (T +-, rn d C7 ri ri t -I H rl r -i O ri ri s -i O rl N N 0 1 LA ! O ! ! ! Q ! 00 N ! ! 01 N �. ! O \ N \ 00 m N ri N ri G N r l \ m N N'Y d r -I m N O O m d N \ \ \ N \ N \ o -t n n m Q1 .-� 0 0 o r e-1 0 0 0 o .-I N LO 41 ^ O II n cm N fn 00 V) O TH I:t Ln G 004 O0 N Q m l0 00 m 00 mN �' LO M �--! rn N V1 N n ri 0 OQ r -I Q d N Ol n t�h N n to N l0 N .MI V U U V U V U U 7 m m m m m m C 0 -a C C a C a y V V U u d y V U �-a 4 t E w W co Ql t C U C U 41 L C u +�� C C U +V+ t C U +�+ t C U U �'' tf V m m m m V m ca y m co 2 m m 2 m 2 m m v N N G�3 N m Q1 0 ro h V) 15 V1 V) V) O Q O b O tOh v-) vim} Vn +n -N[ m N .2 .2 cn .p .p .a �O. �O O O O O O O V v _ ro W ro - -S4 to m cn V1 V) N f6 N vi , -a L a � ami = 0 � m a� CC }� Q 7 L CJ C V 0 N +�+ C C^ a. U u V a U V C ro f6 L ++ } w W L d- -C O C w }m Qm3 m Qro7 U d U E �. OZS Y�c�7 y C_ u v di 7 u C L O a f0 co OZS co to m +n N N CO L J N - fp C t d) Q7 ? dp co m � m 0 V N W m 0 CA _ [tl m O O 1 W � W N .� C Vl d to V W m U ro Y i m N Qi a J N C G •r ,0 J U 00 I .Y Q! a 7 v '° ami L � 76 ro 1 u d Q -Nd°-� Q- `n `) ami c c LL LL.C U y= .]C cu Q J 41 L 7 4-1 LU 0 LD l0 (u ro m m m m 3 L m \ ro Q Q } S LL. �j / tU CLLj t O N •� v - L a r dw.0 N Croi m ^� '� p vs W w LO rL `n v1 u Q t*4 N CL c c W n� N O0 LU m N 00 00 'e V] N 00 CD ko o � u o N m � co 00 .-1 -1 � O r -I � -4 rH -i N00NNNoNNNa r ¢ r1aaar�aa a q W) V N Q t 0 Y O (o 0 CL 0 L- CL t17 J Cn ca U) UP Q z U w w Section 4 -Local Staffing List N L V CLC 4 a O U a' o E A •N+ C U CD a 'p o m Lo �o r- N "E ani Q Q a) CD W N CO 4LCL 6- C •� U C O�1 n Q U] p� U LD a to Q go`'Z �U ctl as Luz co fA] co N a' o 7 Co C,) n 5 E c� CO V L7 m o 2 tm Lo o cy Q� O C] -a LU .— c� C) 13 Q] T U d } W aZ_oce LU Z = W LU ds v v g i� Q C w �N = ZZ < Section 4 -Local Staffing List Valverde Construction, Inc. Table of Organization - List A Construction Laborers First Name Last Name Title/Category Jesus Acedo Labor Group 4 Edgar Carranza Vasquez Laborers Grp 1 James Colbert Labor Group 4 Ruben Cortes Laborers Grp 1 Jose Cortez Labor Group 4 Steven Espinoza LCF2 Sandra Folchi Laborers Grp 1 Brandon Gaither Labor Group 4 Jonathan Guadarrama Ramirez Laborers GRP 3 Leobardo Hernandez Jr. Labor Group 4 Jennifer Herrera -Abri) Laborers Grp 1 Jessica Jimenez Laborers Grp 1 Devin Knapp Laborers Grp 1 Joseph Leiper Labor Group FM Dennis Leyva Laborers Grp 1 Mauricio . Luna Dominguez Labor Group 4 Victor Martinez Labor Group 4 Victor Martinez Laborers GRP 2 David McDermott Labor Group 4 James McDermott Labor Group 4 Jose Mejia Labor Group 4 Anthony Mendoza Laborers Grp 1 Fabian Navarro Labor Group 4 Joaquin Navarro Jr Laborers Grp 1 Guadalupe Ortega Labor Group 4 Adrian Ortiz Laborers Grp 1 Alejandro Panuco Labor Group 4 Arturo Rodriguez Laborers Grp 1 Keith Spencer Jr tabor Group 4 Francisco Trujillo Morales Laborers Grp 1 Ahron Valverde Laborers GRP 2A Laborer Apprentices First Name Last Name jj e/CateQorX Yurvina Hernandez Lab Apprentice 2 Alfredo Leon Labor Apprentice 5 Richard Orpinel Labor Apprentice 5 David Ramirez Labor Apprentice 4 Joan Solis Labor Apprentice 1st Period Alberto Vaoa Ruiz Labor Apprentice 1st Period Walter Valdez Jr Labor Apprentice 5 0 Southern California Division Operating Engineers First Name Last Name Donald McDermott Robert Hall Joel Angulo Patrick Colson Eduardo Garza Raul Rodriguez Donald Soucy Andres Torres Rodriquez John Fiddler Miguel Jauregui David Egigian Titie/Category Oiler G8A (McDermont-Larson) Operator Foreman (R Hall) Operator Group 4 Operator Group 4 Operator Group 4 Operator Group 4 Operator Group 4 Operator Group 4 Operator Group 8 Operator Group 8 Operator. Group 10A(Egiglan) Operatrig Engineers Apprentices First Name Last Name Title/Category Steven Valverde Oper Apprentice Step 2 Teamsters First Name Last Name Joseph Russo Trevor Tio Cement Masons First Name Last Name Luis Lopez Orozco Title/Categoa Teamsters Spec (Russo) Teamster 7 - Truck Driver Title/Category Labor Cement Mason Journeyman Cement Masons Apprentice First Name Last Name Title/Category Melvin Barrera Labor Cement Mason Appr 6 Michael Ozuna Labor Cement Mason Appr 4 SECTION 5: Understanding/Approach WORK PLAN FOR EMERGENCY RESPONSE AND QUALITY CONTROL 1. The Agency calls (Superintendent) Lance Reed 562-244-1207 or Ahron Valverde 562-244-4705 2. Lance or Ahron meets Agency representative at job site at agreed time, a. Gets direction from Agency. b. Inspects site, discusses scope of work. c. Receives written authorization for work plan. 3. Superintendent Lance Reed Calls into office to Manuel or Daneisha: a. to set up paperwork i. Job # H. .Prepare proposal, if needed. iii. Gets Written acceptance of Letter Proposal or in an emergency situation gets written notice to proceed from Agency. b. Call in USA dig Alert. c. Order Shoring if needed. d. Order any materials if needed. e. Contact any subcontractors if needed. 4. Superintendent Lance Reed dispatches: a. Foreman b. Crew c. Equipment including Traffic Control if needed. S. Megan Valverde, Safety Coordinator approves work plan, safety measures. 6. Commence work in expeditious and orderly manner, avoiding service interruptions when possible. When possible, work is completed in full before proceeding to next location. Foreman maintains a record of all work performed including dates, locations, types, and amounts installed/maintained removed. 7. The quality of word is reviewed daily by the General Superintendent and the Project Manager 8. The Foreman's Daily Work Reports/Time sheets are reviewed for accuracy and completeness, along with material and equipment needs. 9. Any additional work is to be authorized in writing by Agency before it commences. 10. Submit to Agency completed Task Orders showing date and inventory of work performed signed by authorized contractor representative. 11. After work is inspected and accepted by Agency, submit an invoice on a billing form and progress payment form approved by the Agency. 12. A Valverde representative is reachable by phone 24 hours a day 7 days a week. Valverde Construction, Inc. has been a successful emergency contractor for over 49 years. We have an excellent reputation and have been a preferred contractor for dozens of cities and water districts all over the southland and as far as San Francisco. We are working for the City of Los Angeles, City of Corona, USC and over a dozen small cities in the last year alone. Valverde Construction Inc. is committed to quality service and safety including holding monthly staff meetings which cover response time, safety practices and quality control. We will meet or exceed the Agency's requirements for prompt service and quality work. 7 Section 6 - References REFERENCE 3 Joh Number 1185 AGENCY NAME: Los Angeles County Sanitation District SCOPE OF WORK and/or SERVICES Provided, Prime/Sub Contractor Installed Electrical Vault per plans and specifications at Agency request Project Outcome Work completed, accepted by Agency Construction Value: $9,750.00 Dates: 3/28/2020 to 3/28/2074 Client Project Manager Name Mark Tramontano Valid Phone # (562) 760-4611 Email: mtramontano@lacsd.org REFERENCE 2 Job Number 1182 AGENCY NAME: Downey Unified School District SCOPE OF WORK and/or SERVICES Provided, Prime/Sub Contractor Repaired 4" Sewer Line per request of Agency Project Outcome Sewer Repaired quickly and client delighted Construction Value: 1 $15,600.00 Dates: 4/27/2020 to 5/3/2020 Client Project Manager Name Criag Karli Valid Phone # (562) 897-1401 Email: ckarli@dusd.net Section 6 -References [continued REFERENCE 3 Jab Number 1192 AGENCY NAME: Suburban Water Systems SCOPE OF WORK and/or SERVICES Provided, Prime/Sub Contractor 2 -inch Water Service Installation Project Outcome Project completed to customer's satifaction Construction Value: 1 $4,632.00 Dates: 6/9/2020 to 6/9/2020 Client Project Manager Name Steve Beard Valid Phone # (626) 824-0738 Email: sbeard@swwc.com REFERENCE 4 Job Number 1193 AGENCY NAME: City of Paramount SCOPE OF WORK and/or SERVICES Provided, Prime/Sub Contractor Repair2 inch irrigation service at 5800 Somerset Project Outcome Project completed to customer's satifaction Construction Value: I $1oxmoo Dates: 5/14/2020 to 5/14/2020 Client Project Manager Name David Arellano Valid Phone # (562) 307-1716 Email: darellano@paramoLintcity.com cr Section 6 - References (continued] REFERENCE 15 Job Number A2569 AGENCY NAME: City of La Habra SCOPE OF WORK and/or SERVICES Provided, Prime/Sub Contractor Water Main Repair at Calle Don Guillermo & East Country Hills Project Outcome Water Main repaired to client's satifaction Construction Value: Dates: 11/24/2020 - 11/25/2020 Client Project Manager Name Valid Phone 4 Email: $22.273.00 Brian Jones (909) 576-3057 brian!C@fahabracity.org Iv VALVERDE CONSTRUCT 0N, INC Section 7 —Sample Letter Proposal General Engineering Contractors License No. 276469 10936 SHOEMAKER AVE. SANTA EE SPRINGS, CA 90670 (562) 906-1826 FAX: (562) 906.-1918 January 27, 2021 City of Seal Beach 211 Eighth Street Sea] Beach, CA 90740 Reference: Repair 6" DI water main leak at Seal Reach Subject: Proposal No. 00001 Dcar Brian Jones: Sample Only Thank you for providing Valverde Construction, Inc. ("VCI") with the opportunity to submit its Proposal to perform its work on the above referenced project. SCOPE OF WORK: Repair 6" Dl water main leak • Mobilize 1 hours • Sawcut asphalt or concrete 1 hour ■ Excavate and expose leak 2 hours • Haul off spoils 4 hours • Cut out damage section of pipe and make repairs 2 hours • Backfill with 12" of sand over pipe I hour • Install base and compact I hours • Install pernianent asphalt or concrete 4 hours VCI has prepared its proposal and is submitting its price based on our telephone call with you on 4112/20 19 and our site visit later that same day. Price is based on completing the work in 2 days, working 8 hours per day, Monday — Friday, weekends and holidays excluded. No other documents shall define VCI's Work or have been considered in the preparation of its price. VCI proposes to provide its work for the following price: Repair 6" DI main leak for the price of ......................................... $15,902.00 VCI excludes all permits, inspection fees, compaction testing, survev/layout, engineering, traffic control plan stamped by engineer, removal of hazardous materials, handling and/or disposal of ground water, and relocation of conflicting utilities not specifically mentioned in scope of work above Forthis proposal to be effective, we must receive your written acceptance within thirty (30) days from the date first written above. If your acceptance is not received within that period, this proposal shall be deemed revoked. Page i of 2 !! Proposal No. DDDD1 Valverde Construction. Inc. ("VCI") hereby reserves its right to accept, reject or negotiate applicable terms and conditions of anv contract to be entered into, in good faith, with the customer upon award of the work, and by submission of this proposal VC1 shall not be bound to accept or perform the proposed work until ten -ns 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 VCT, please prepare and subm it any contractual documents (including a copy of the Ow-ner/Prime Contract, if applicable) to Manuel Cristobal at VCFs Santa Fe Springs office at the address stated above. Our office will work with you to put a contract in place in a timely planner. 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) 906-1526 ext. 254 or email at manuelc@valverdeconst.com. Sincerely, VALVERDE CONSTRUCTION, INC. Manuel Cristobal Page 2 of 2 tf Proposal No. 00001 3 - - - ■ ...�... ...... ... � - - - ■ § z a . � ) �{ § �\ � -- \ k § } \ F \ (Li } . . l 2 t ` c c nj � ~ � § (N .� ,k / k k ) 4 2 J ; ! CL\ cu /\ §k » ai § i $ e % qj � § Z 2 G - - F / s 4 � j [ ° § LU_ f J § / 2 B n _ $> / \ i \ \ k k 4k+ + Ax - 222 � _ - m 13 Section8 - Cosi Proposal r3> f:: it •i; f .l =•� , �.. '•+ PRIN/lc Work& COST PROPOSAL FOR ON-CALL EMERGENCY AND UNEXPECTED TASK UTILITY MAINTENANCE ANIS REPAIR SERVICES (additional labor inaterial rates mify be added as a separate attachment) MOBILIZATION COST NONE /TASK ORDER IVI I N I IVI U M UTALL U I (in dollars or hours, it applicable) NONE EQUIPMENT NO. DESCRIPTION UNIT OF MEASURE KNIT PRICE DESCRIPTION E1 Pick --Up Truck HOUR S 27.42 Ford F150 E2 Crew Truck HOUR $ 31.00 Ford F-250 E3 Flatbed Truck HOUR $ 31.00 Chevy 1500 E4 Bed Trailer HOUR $ 19.49 2 Axle E5 Bobcat HOUR $ 36.50 CAT 246D E6 Small Excavator HOUR $ 29.96 CASE CX55B E7 Medium Excavator HOUR $ 109.26 CASE CX235 ES Large Excavator HOUR 157.40 CASE CX350C E9 Backhoe HOUR $ 66.43 CASE 590 SN 20 Iq Pre11v works Eli) Dump Truck/Super 10 HOUR $ 71.55 Ford LT9513 Ell Truck and Pup HOUR $ Rental TBD E12 Water Truck HOUR $ 4Z.49 Freightliner/Ford 750 E13 Vactor Truck HOUR $ Rental TBD E14 Sweeper HOUR $ 136.59 TYMCO Els Wheel Loader HOUR $ 68.84 Case 621 F E16 Skip Leader HOUR 39.90 Case 570LT E17 Air Compressor w/Jack Hammer HOUR $ 1.60 90 lb EIS Hydraulic Breaker HOUR 17.20 NDK E19 Asphalt Paver HOUR $ Rental TBD E20 Concrete Mixer HOUR $ Rental TBD E21 Concrete Saw HOUR $ 21.24 Husquarna E22 Compaction Wheel HOUR $ .77 ESCQ E23 Wacker HOUR $ 5.55 Stanley E24 Vibratory Compactor HOUR $ 4.05 Stanley E25 Generator HOUR $ 4.17 Multiquip 21 15, Pu��le Works J 1 NO. DESCRIPTIONSTANDARD PERCENTAGE OVERTIME DOUBLE TIME L1 Superintendent $ 112.84 $ 155.15 $ 197.46 L2 Project Manager $ 97.45 $ 138.02 $ 178.58 L3 Foreman/Operator $ 110.50 $ 148.55 $ 186.61 L4 Foreman/Laborer $ 85.64 $ 114.34 $ 143.05 L5 Operator $ 104.27 $ 139.67 $ 174.76 Lb Laborer $ 80.68 $ 106.88 $ 133.12 L7 Welder $ 82.85 $ 110.15 $ 137.46 LS Tearnster $ 82.81 $ 105.98 $ 129.15 L9 Pipelayer $ 115.00 $ 172.50 $ 230.00 MARK-UP FOR ITEMS NOT NOTED ABOVE NO. DESCRIPTION PERCENTAGE M1 Material 15 % M2 Equipment 15 % M3 Labor 15 % 22 //0 * 11�41* W44-;� �118` ADJUSTMENTS Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. Union Labor Rates are effective through June 30, 2021 Only Rates will increase 71112021, 7/0112022 and 7/01/2023 When Union Agreements are Signed and new rates determined We will provide the City with a new Labor Rate Forms. 23 17 Section 9 -Exceptions Exception 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. Alex Padilla California Secretary of State Section 10 — Business Entity Business Search - Entity Detail The California Business Search is updated daily and reflects work processed through Monday, January 25, 2021. Please refer to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Not all images are available online. C652211 VALVERDE CONSTRUCTION, INC. Registration Date: Jurisdiction: Entity Type: Status: Agent for Service of Process: Entity Address: Entity Mailing Address: Certificate of Status 05/24/1972 CALIFORNIA DOMESTIC STOCK ACTIVE JOE A VALVERDE 10936 SHOEMAKER AVENUE SANTA FE SPRINGS CA 90670 10936 SHOEMAKER AVENUE SANTA FE SPRINGS CA 90670 10936 SHOEMAKER AVENUE SANTA FE SPRINGS CA 90870 A Statement of Information is due EVERY year beginning five months before and through the end of May. Document Type It File Date SI -NO CHANGE 04!3012020 SI -COMPLETE 03/0212017 RESTATED REGISTRATION 0110811997 AMENDMENT 0612211978 AMENDMENT 11/1311972 REGISTRATION 0512411972 IF PDF Image unavailable. Please request paper copy. Image unavailable. Please request paper copy. Image unavailable. Please request paper copy. Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability,. • If the image is not available online, for information on ordering a copy refer to Information Requests. • For information on ordering certificates, status reports, certified copies of documents and copies of documents not currently available in the Business Search or to request a more extensive search for records, refer to Information Requests. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Frequently Asked Questions, !Q Section 11— DIR Registration Number/ Contractor's License DIR # 1000002110 p VALVERpE CONSTRUCTION, IMC. 1=21 M Detail: Registration History Regisrration Number: 1006042130 Effectl— bateYpi�aienn Gui= Status: ActivB [SLB Number: 276469 7/112020 6/30/2021 Legal Entity Type: Corporation 7!112019 8/3012020 Mailing Address: PO BOK 3223 SANTA FE SPRINGS 5!1112019 5130/2019 CA 9OG70 County: Las Angele3 5/1/2017 6/3012019 C Fact: Camenter.Cernent Mason:General Enginearing:Laborer;Operating Enginser,Tea. 61712016 6130!2617 Email: joev(avalverdeconst.com 6/4/2015 6/3012016 ICJ2112014 6/30/2915 D13A N.— VALVE ROE CONSTRUCTION. INC DEPARTMENT OF CONSUMER AFFAIRS CONTRACTORS Ire STATE LICENSE BOARD CONTRACTORS € . STATE LICENSE BOARD pEpJN*w R/cF COX'Hf.IFk Rf�AG ACTIVE LICENSE - LceP.'_e iKd!'bGr 276469 CORr r{llSlfIBS; Pe"�1B VALVERDE CONSTRUCTION INC C13-01cw"41 C16 A B C10 C36 E�praEinn Ode 01/31/2023 is LIP i www,cslb.ca.gov f z0 V.AL VERDE CQNSTR ETCTION, INC. General Engineering Contractors License No. 276469 10936 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 • FAX: (562) 906-1918 Section 12 — Contract Signatories RE: On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services City of Seal Beach This Proposal Is submitted to the City of Seal Beach on January 29th, 2021 by Valverde Construction, Inc. Valverde Construction, Inc. aY_` Edward Valverd , Vice President 1 '_ By: Ahron Valverde, Secretary tf 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. PROFESSIONAL MAINTENANCE AGREEMENT for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 W.A. Rasic Construction Company, Inc. 4150 Long Beach Boulevard Long Beach, CA 90807 (562) 928-6111 This Professional Maintenance Agreement ("the Agreement") is made as of March 8, 2021 (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"). RECITALS A. City desires certain on-call emergency and unexpected task utility maintenance and repair services. B. City desires to engage Contractor to provide on-call emergency and unexpected task utility maintenance and repair services in the manner set forth herein and more fully described in Section 1.0. C. Contractor represents that the principal members of its firm are qualified California licensed contractors (368761 A — General Engineering, C-34 Pipeline, DIR 1000000649) and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Strictly on an on-call emergency or unexpected task basis, Contractor shall provide those utility maintenance and repair services (collectively "Services") set forth in the Request for Proposal (Exhibit A), and Contractor's Proposal (Exhibit B), attached 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 emergency or unexpected task nature of this Contract, 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 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'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 2of14 Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's 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 ("Original Term") and shall expire at midnight on March 8, 2024, 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 to two (2) 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 the City, the first extension shall have a term extending from March 8, 2024 through and including March 8, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from March 8, 2025 through and including March 8, 2026, 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 Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services assigned by City but in no event will the City pay more than the total not -to -exceed amount of $300,000.00 (Three Hundred Thousand and 00/XX dollars) for the Original Term. 3.2. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, 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 $100,000.00 (One Hundred Thousand and 00/XX dollars) for each extension. 3 of 14 3.3. Contractor will not be compensated for any work performed not authorized by City and 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. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit B. 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'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. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights 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. 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. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Shane Sato is the Contractor's primary representative for purposes of this Agreement. Shane Sato shall be responsible during the term of this 4 of 14 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: W.A. Rasic Construction Company, Inc. 4150 Long Beach Boulevard Long Beach, CA 90807 Attn: Peter L Rasic 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. 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, and Contractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor's 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. 8.2. 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 5 of 14 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 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 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. 8.3. 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. 8.4. 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 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 8.0. 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. 6 of 14 9.0 PERS Compliance and Indemnification 9.1. 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, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. 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 applicable retirement laws and regulations. 9.2. 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's violation of any provisions of this Section 9.0. 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. 10.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or 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. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 11.0 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. 12.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 7 of 14 13.0 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 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 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. The 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. 15.0 Insurance 15.1. 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. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the 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 the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain 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. Insurance is to 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. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, 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; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease. 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) 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 the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, 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 directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers 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; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 15.4. 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 the City, its directors, officials, officers, employees, agents, and volunteers. 9 of 14 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims 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. The Contractor shall 10 of 14 reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 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's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages 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. 16.3. The obligations of Contractor under this 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 any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 16.4. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 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 11 of 14 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then 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. 20.0 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. 21.0 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. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. 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 12 of 14 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 Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. 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. 25.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, 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 subsection 26.0 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. 27.0 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. 28.0 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 13 of 14 by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 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 CONTRACTOR: W.A. Rasic Construction Company, Inc, a California corporation 0 Attest: in Jill R. Ingram, City Manager Gloria D. Harper, City Clerk Approved as to F By: Craig A. Steele, City Attorney B7=' Peter L. Rasic, 23 fi'15, 2ozi President RFc 202j- 02— By: 2By: k�l- / / — Walter AA 96 i , Jr., Vice Preside nt/S cretary/Treasurer (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.) 14 of 14 EXHIBIT Request for Proposal (January 4, 2021) City of Seal Beach Request for Proposals for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services A ? '1_' O,' S RFP responses to be received until 2:00 P.M., January 29, 2021 in the Public Works Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising �sLe City Engineer Date Issued: January 4, 2021 P��ls w!lts Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE AND COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS 0we] 21►121:L1 Wto] ►191k9[eilk K EXHIBIT A — Cost Proposal EXHIBIT B — Sample Contract d�r �p fP ft"Itee W6!:A0r8X REQUEST FOR PROPOSALS FOR ON-CALL EMERGENCY AND UNEXPECTED TASK UTILITY MAINTENANCE AND REPAIR SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EMAILING ilee(&sealbeachca.2ov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED. I. INTRODUCTION The City of Seal Beach ("City") owns and operates the water, wastewater, and storm drain system. The City's water system provides service to approximately 5,500 customers through 68 miles of transmission and distribution pipeline generally ranging from 4 -inch to 18 -inch diameter, constructed of cast-iron, asbestos cement, PVC, reinforced concrete cylinder and cement mortar -lined and coated steel pipes. The water system also consists of three (3) active wells, two (2) reservoirs, two (2) booster pump stations, and an imported water supply connection. The City's wastewater system consists of approximately 181,000 feet of gravity sewer, 780 manholes, and six (6) sewer pump stations along with their respective force mains. The majority of the gravity sewers are constructed of VCP with sizes generally ranging from 6 -inch to 24 -inch in diameter. There is a small amount of PVC pipeline. The City's storm water system covers 11.5 square miles, which consist of City -owned facilities, as well as regional facilities owned and operated by the Orange County Flood Control District and Los Angeles County Flood Control District. The system includes over 8 miles of pipeline that are primarily RCP, and two (2) pump stations. The City is seeking one or more contractors who would be available to provide on-call utility maintenance and repair services in both emergency and unplanned situations, for an anticipated term of three (3) years. The final agreement amount and term will depend on the quality, diversity, and responsiveness of the received proposals, and the future need for emergency and unexpected task work. Work shall comply with the State Water Resources Control regulations, AWWA standard practices, City of Seal Beach standards, applicable and current Standard Specifications for Public Works Projects, and any Agencies Having Jurisdiction (AHJ's) requirements. Due to the on-call/emergency nature of this contract, no work is guaranteed, even if awarded. The scope, work schedule, and costs for each requested emergency or unexpected task will be negotiated on a project -by -project basis, based on the rates specified in the response. The City reserves the right to not accept the Contractor's proposed scope and fee, and to let any project for competitive bid at the discretion of the City. 3 d�r �p fP ft"Itee W6!:A0r8X II. QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class A (General Engineering) and/or C-34 (Pipeline) license issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Minimum ten (10) years of professional utility maintenance and repair service experience. • Ability to mobilize and respond to emergency job sites, as necessary within the time frames provided in this RFP. • Maintain, or have the ability to quickly acquire, all necessary labor, equipment, and material to promptly complete the Work. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Familiarity with public sector on-call maintenance and repair contracts. • Adequate availability of key team members and equipment. III. SCOPE OF SERVICES Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list, and perform utility maintenance and repair services in those areas designated by the City on an emergency or unexpected task basis. Due to the on-call/as-needed nature of this Agreement, Work may vary according to the need and there is no guarantee that work will be assigned. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the Contractor and the City. If the City determines that the Contractor has not satisfactorily performed the Work, payment will be withheld for said Work until such time the Work is completed to the satisfaction of the City. All work for which progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the City shall certify that the Work has been inspected and completed to the satisfaction of the City prior to payment. The Contractor shall be responsible for timely payment of any subcontractor, materialmen, workers and suppliers. The scope of services consists of both as -needed emergency and unexpected task bases which may include, but not limited to, the following: 4 0 Ps�!!s L:Aor, • Excavation, pavement cuts, minor grading, backfill, compaction • Removing and disposing of material • Welding repair or work • Removing and replacing improvements damaged during the course of Work • Setting up and taking down traffic control devices Water System — Install and repair components on an emergency or unexpected task basis, such as: • Waterlines generally ranging from 4 -inch to 18 -inch in diameter • Waterline pipeline of various materials • Valves of various types and sizes • Services generally ranging from 3/4" to 2" in diameter • Meters and boxes of various sizes • Backflow devices of various sizes • Pressure reducing, sustaining, and relieving valves of various sizes • Vaults of various sizes • Fire connections of various sizes Wastewater System — Install and repair components on an emergency or unexpected task basis, such as: • Pipeline generally varying from 6 -inch to 24 -inch in diameter • Laterals of various sizes • Clean -outs • Grease interceptors • Collection system mainlines • Vaults/wet wells • Valves of various sizes • Manholes Storm Water System — Install and repair components on an emergency or unexpected task basis, such as: • Storm drain pipeline maintenance and repair • Catch basins • Tide valves • Manholes Authorization of Work Unless otherwise noted as an emergency project, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. In an emergency, Contractor shall respond and mobilize within four (4) hours after initial request from the City for Work under this contract. Contractor shall perform the on-call services described in the Section III - Scope of Services ("Services" or "Work"). Upon written request from the City, Contractor shall provide a "letter proposal" for Services requested by the City (hereinafter referred to as the "Letter Proposal"). At a minimum, the Letter Proposal shall include, but is not limited to, the following: 5 d�r �p fP ft"Itee W6!:A0r8X • A detailed description of the Work to be provided; • The estimated number of hours, by task, and cost to complete the Work; and • A detailed Work schedule. No Services shall be provided until the City has provided written acceptance of the Letter Proposal, unless in an emergency situation after Contractor has received a written notice to proceed from the City Engineer or designee. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal and notice to proceed. Proaress of Work Time is of the essence on every aspect of the Work. Work shall proceed in an expeditious and orderly manner. The Contractor shall endeavor to avoid service interruptions to the extent feasible. Wherever possible, Work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the City. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the City. The City may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the Agreement. Upon written order of the City, Contractor shall proceed with the Work as increased, decreased or altered. Extra \A/nrk 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra work may be required, and extra time may be granted, by the City as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. If unit prices are not available, payment for extra work will be based on actual cost of labor, plus wholesale cost of materials, plus an industry standard markup not to exceed 15%. Extra services other than those listed in Exhibit A shall be negotiated on a time -and -material basis with a "not to exceed" amount. Acceptance of Work Done The City, at its sole discretion, will make inspections and determine that the Work has been completed in all respects in accordance with these specifications and, if applicable accepted. d�r �p fP ft"Itee W6!:A0r8X Billina Form. Records and Reports The Contractor shall maintain a record of all work performed, including but not limited to location, types, and amounts maintained/installed/removed. These records shall list the date(s) of the Work performed. A copy of such record shall be provided to the City upon completion of each Task Order. Contractor shall maintain such record through the term of the Agreement, plus three (3) years after Contract termination. The Contractor shall return appropriate and completed Task Orders showing the date and inventory of work performed, signed by an authorized representative of Contractor and attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the City. Method of Work The utility maintenance and repair work shall involve all work necessary to complete the work in place. All Work shall be performed per the Standard Specifications for Public Works Construction (Green Book — latest edition, unless otherwise noted), City of Seal Beach standards and provisions, State Water Resources Control regulations, AWWA standard practices, and any AHJ's requirements. The Contractor shall ensure all work performed under this contract be in such a manner as to provide maximum safety to the public and their staff. Contractor must comply with all safety standards required by all regulatory agencies including but not limited to: California Division of Occupational Safety and Health (CAL - OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHC). This also includes local regulatory compliance set forth by the City of Seal Beach. The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. The Contractor shall be responsible and shall take necessary precautions to protect work sites free of hazards and/or damages, until the Work is accepted by the City. Any hazardous conditions noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. Rubbish and construction debris shall be promptly removed from the work area and properly disposed of to an approved disposal site. The Contractor shall provide a self-propelled vacuum -type sweeper, or as approved by the City, as required to maintain Work site cleanliness. After removal operations have been completed, the grounds shall be left in a neat, safe, and presentable condition, to the satisfaction of the City. The Contractor shall verify the location of all utilities prior to any Work, and shall be held liable for all damages incurred due to his/her operations. Asbestos Concrete Pipe (ACP) Removal Work may require connection to and removal of existing ACP pipelines. The removal of existing ACP shall be to the nearest joint, unless otherwise noted. The Contractor shall pothole each connection point to the existing water main to determine the location of the existing joints and outside diameter (O.D.) of the existing pipe prior to proceeding with the tie-in work. Methods and procedures for properly handling, containing, temporary storage, transporting, testing, inspection, and disposal resulting from this work shall be the responsibility of the Contractor and shall conform to Federal, State, regional and local requirements. 7 d�r �P fP ft"Nee W6!:AOr8X The Contractor shall secure and pay for all required permits, including a hazardous waste generator permit, in conjunction with asbestos removal, temporary storage, transporting, and disposal and shall provide required reports and timely notifications as required by Federal, State, regional and local authorities. Temporary Water Service Work may require the installation of temporary water service in the affected area, and shall comply with the latest AWWA standards. This may include: a. Temporary water service shall be flushed, de -chlorinated, and bacteria tested at a City approved laboratory in the presence of the City's designated staff. b. Flushing of temporary water lines shall be approved by the City prior to bacteria testing. C. The Contractor shall test temporary water services for bacteria at 24 hours and 48 hours after the temporary water service has been flushed and approved by the City. d. Bacteria testing shall be at a City approved laboratory, shall adhere to the most current handling and custody requirements of that laboratory. e. The temporary water pipeline and services shall be constructed of materials that comply with NSF61. The Contractor will also be required to certify in writing that the materials used in the temporary water pipelines have never been used to convey wastewater, sewage, or reclaimed water. Temporary Sewer By -Pass When necessary, Contractor shall provide temporary means to maintain and handle flow in the existing sewer system as required to facilitate Work. Temporary means of handling flow may require the construction of bypass lines and bulkheads, pumping, including backup pump, or a combination thereof. Contractor shall be responsible for any sewage spillage, clean-up and associated fines by governing agencies. Contractor shall maintain a minimum of one backup pump per operating pump, on site, throughout the duration of any sewage pumping procedure. Dewatering Groundwater, surface water, and tidal fluctuations may be encountered in the Work area, where dewatering and/or controlling of surface water may/will be required for the utility maintenance and repair work. Contractor may be required to monitor groundwater levels and submit daily reports to the City, as necessary. Shoring If Work involves the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five (5) feet deep or more, then adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, shall conform to applicable safety orders. A shoring plan must be accepted by the City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer, as required by the City. M d�r �p fP ft"Itee W6!:AOr8X Traffic Control The Contractor shall maintain a safe environment at all times. Appropriate State/City traffic control standards and/or policies shall be adhered to for all Work. All Contactor employees shall have access to and are well - versed with the use of the W.A.T.C.H manual (Work Area Traffic Control Handbook) at all times. Personnel, vehicles, equipment, etc. shall be properly outfitted/equipped for the Work being performed. Any restrictions, due to the Work that cause travel ways to be less than State/City minimum requirement, shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of Work and remaining until all Work is completed to the satisfaction of the City. All traffic control, at a minimum, shall adhere to requirements of the WATCH Manual. Payment for traffic control shall be included in the various bid items in the cost proposal. NPDES Regulations The Contractor shall comply with all City, and applicable regulatory agency, regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain system or bodies of water. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor shall conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. Protection of Existina Utilities The Contractor shall take all due precautionary measures to protect all existing utilities. When necessary, the Contractor shall have all utilities located by the responsible agency at least 48 -hours prior to commencing any excavation or utility impacting work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA) (800) 422-4133. Protection from Damage The Contractor shall protect all public and private property that is not part of Work. Contractor shall protect property and facilities adjacent to and within the work areas. The work area shall be safe, clean, and presentable condition, as determined by the City. All public or privately owned improvements and facilities shall be restored to their original condition and location, or better, using new material only. Contractor shall repair such damage at Contractor's sole expense. Nothing herein shall be construed to entitle the Contractor exclusive use of any public right-of-way or City property. Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies. Withholding of Payment In the event that deficiencies in the Work or non-compliance with applicable standards are determined by the City, the Contractor will have 24 hours from the time of notification to remedy said deficiency. Deductions from the monthly payment due for Work not performed will be based upon the bid worksheets, which are to be submitted at the time of bid plus mark-up. 8 0 Ps�!!s L:Aor, IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee(a)sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by January 22, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interview (if conducted) • Contract Award by City Council ■ Notice to Proceed VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals 1/4/2021 1/22/2021 1/29/2021, 2:00p.m. February 2021 March 2021 March 2021 Proposals are due by 2:00 PM on January 29, 2021 to the following. Postmarks will not be accepted. Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee sealbeachca.gov (562) 431-2527 ext. 1322 Please submit one (1) unbound original, two (2) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. 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 10 under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety 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 The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Understanding/Approach References Sample Letter Proposal Cost Proposal Exceptions Business Entity DIR Registration Number/Contractor's License Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding 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. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and 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 Contractor's firm and the Contractor's project manager. Understanding/Approach: Describe the Contractor's understanding of the 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. 11 d�r �p fP ft"Itee W6!:A0r8X • Project outcome • Construction value • Dates • Client project manager name, valid telephone number, and email 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. Cost Proposal: Contractors will be required to submit a "Cost Proposal for On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services" as shown in Exhibit A. Additional labor/material rates may be provided in addition to Exhibit A. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit A. The Method of Payment of the Contract will be Time and Material. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). DIR Registration/Contractor's License: Clearly indicate the Contractor's Department of Industrial Relations registration number for the prime/sub-Contractor, and provide the Contractor and sub -Contractor's license information. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. VII. 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. The Contractor's standard, overtime, and double-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. 12 d�r �p fP ft"Itee W6!:A0r8X VIII. INTERVIEW Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. 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. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. 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 - A statement addressing firm's ability to respond in emergencies and effectively conduct the Work for the City based on the Firm's location. b. Relevant experience, specific qualifications, and technical expertise of the Contractor and sub -Contractors to perform the work. c. Experience working in a coastal community and urban environment. d. Contractor's experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. e. 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. Contractor's understanding of range of possible emergency and unexpected Work b. Contractor's ability to deploy the appropriate resources to promptly meet requested emergency and non -emergency Work. c. Contractor's availability to complete both small and large scale projects without the compromise of quality, cost, and/or time. d. Contractor's ability to self -perform the requested Work, or forma quality sub -contracting 13 d�r �p fP ft"Itee W6!:A0r8X team. e. Contractor's understanding of the nature of public sector work and its decision-making process. 4. Fee (30 points) a. 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 of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the 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: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Normal working hours will generally be between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the City prior to commencing Work during hours outside those stated above. b. Contractor shall maintain an adequate crew of at least two experienced employees to perform the services required. c. Contractor will be required to supply a list of equipment owned and available for Work. d. Contractor will be required to supply a list of references for similar work performed. e. Contractor will be required to supply a list of sub -contractors, if applicable. f. Contractor will be required to supply additional experience references, if requested. g. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. 14 a�o f e�exa P Ma Works i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j. Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. I. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. m. Contactor shall adhere to all Cal -OSHA rules and regulations for any and all Work performed under this Contract. n. Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. PFP.qnNNFI The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Laborers The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times. b. Typical Tasks Contractor shall supply laborers with the necessary skills to perform duties in connection with pavement marking maintenance. c. Licenses Contractor shall possess a valid Contractor's "A" and/or "C-34" License issued by the Department of Consumer Affairs — Contractors State License Board by the time of proposal submittal and shall remain valid for the term of the Agreement. Contractor shall have a valid City of Seal Beach business license for the term of the Agreement, if selected. Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. d. Knowledge and Abilities The Contractor's representative shall have a general knowledge of the utility maintenance and repair industry, including suitable experience in the field to perform the required work in a safe and thoughtful 15 d�r �p fP ft"Itee W6!:A0r8X manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. a. Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. b. Maintenance All equipment used by the Contractor shall be maintained in a good operable mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. c. Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right-of-way or on any City property without written authorization from the City. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the Work. The foreman, or contractor representative, shall check with the City weekly as to (1) schedule of Work; (2) complaints; and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled Work. The foreman shall be onsite while work is in progress. Foremen shall have a minimum of five (5) years of experience in the utility maintenance and repair field. TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the Contractor representative who can take the necessary action required to alleviate an emergency condition. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City business hours. Normal City business hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. Unless otherwise noted as an emergency, City will coordinate with Contractor to schedule the work with a minimum seven (7) -day prior notification. Contractor is required to provide the City with a 24-hour emergency number for contact outside normal business hours. The response to an emergency call -out by the Contractor 16 d�r �p fP ft"Itee W6!:A0rW8_ shall not be more than four (4) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. XI. 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. 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 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 from the Project's 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 pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. 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 subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the 17 a�p fP ft"Itee W614rs-4- execution of this contract. The Contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." 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. 18 EXHIBIT B Contractor's Proposal GENERAL ENGINEERING C'ONTRACIOR January 28, 2021 City of Seal Beach Department of Public Works 211 Eighth Street Seal Beach, CA 90740 Attention: Ms. Iris Lee Reference: On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services Subject: Transmittal Letter Dear Ms. Lee, W.A. Rasic Construction Company, Inc., a California Corporation, with a 41+ year track record of successful project delivery, is capable and committed to providing the appropriate resources required to fully support the City of Seal Beach on a wide range of projects system wide. W.A. Rasic Construction is a general engineering contractor with an A and C-34 license issued by the State of California. Our strong qualification for being considered by your firm for this On -Call Emergency contract is based, in part, on our experience, which includes constructing some of the most difficult projects in the Western States, and our wide-ranging expertise as it relates to construction of petroleum pipelines, fueling facilities, large water diameter pipelines, sewer facilities, treatment facilities and civil projects. 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. 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 January 28, 2021 Page 2 Reference: On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services Subject: Transmittal Letter For all correspondence related to this qualification statement please contact Shane Sato, my Select Division Manager, as follows: 562-928-6111 (Corporate Office) 310-864-0278 (Cell phone) ssato@waraslc.com (email) We look forward to your favorable consideration of our prequalification submittal and the opportunity of working with the City of Seal Beach on your upcoming projects. Sincerely, W.A. Rasic Construction Company, Inc. Walter A. sic, Jr. Secretary*gr City of Seal Beach°ti SAL ti{ Request for Proposals - on -Call Emergency and Unexpected Task Utility Maintenance and Repair Services �rQ�gRN3i� Table of Contents 1. Company Qualifications 2. Local Staffing List 3. Understanding/ Approach 4. References 5. Sample Fetter Proposal 6. Cost Proposal 7. Exceptions 8. Business Entity 9. DIR Registration Number/ Contractor's License 10.Contract Signatories City of Seal Beach �y en Request for Proposals - On-Call Emergency and Unexpected Task Utility Maintenance and Repair 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 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 cost because of our skill level and familiarity with the work. W.A. Rasic Construction owns a very large and diverse equipment fleet. Because of this, our yard location, and full-time staff, we can normally respond within two hours from 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 setup 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 water works 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 Seal Beach. 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. City of Seal Beach Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services �p�r"� EA "'•r� k �CNf a ,U ieialF J W.A. Rasic Construction is one of the largest privately held utility and heavy civil contractors in the Western States. We are currently ranked #15 nationwide in utility construction by ENR. 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 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. ** See attached for a list of some of our highlighted projects. City of Seat Beach _­I_ (u 4S Request for Proposals - On-Call Emergency and t Unexpected Task Utility Maintenance and Repair Services.��Pw 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 2020 was $299. It's 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 the millions of dollars. Attached is a rough summary of owned equipment available to service the City of Seal Beach -for work. - City of Seal Beach Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair 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 1 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 beams, 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 am * 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. City of Seal Beach Request for Proposals - On-Call Emergency and Unexpected Task Utility Maintenance and Repair Services ..aRw� 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 400 skilled employees in the Southern California area performing over 1,000 projects a year. There is 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, CCN, 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 over $50 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. City of Seal Beach �� s Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair 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. f.h'._ M -W. - SM". Solo E 5ati.,y R Wen Manegm - Slam Bede Faula l+f Svpe+.w-PAW4ea Salary Supem w -Valenta Harw4 r BNery Supenaaw-Haln dFal* $wp rt waw -Bob Fluge Prgad Eep-areglifl n 9upalexen7rR-Bq'M tun P+yed Engniar - Sarrtor� Semacu 81�r:wol.lam—FMnnherto8otiatptp Plogd Erg -8ween Bailer SP➢eldgopjegl - Oan hlondn Seq.rialmden l - Puenn 4lddee David Lee, Vice -President — BS/Construction Engineering/California State University, Long Beach, 1992. Over 31 years of experience, ranging from pipelines and treatment plants, to roadways and underground utilities. He has served as Project Principal, Project Manager, and Estimator for projects ranging from $5,000 water services to $90 million design -build efforts. SVC Project Management Certified, American Water Works Association (AWWA). Shane Sato, Division Manager — BS/Civil Engineering/University of Hawaii at Manoa, 1996. Over 23 years of experience, ranging from pipelines and plants, to heavy civil, highway infrastructure, and underground utilities. He has worked on many various types of construction projects throughout the country. 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. City of Seal Beach Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services �z,-•,:1: Richard Sahagun, Safety Director — Over 17 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 the 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. Steve Bedo, Project Manager— Over 45 years of experience in the construction industry with a diversified construction background including pump stations, treatment plants, co -gen facilities, heavy mechanical facilities (refineries, breweries, power generation) as well as underground utility/pipeline work and civil/concrete projects. He has served as a project manager (both on- site & in the office), estimator, field engineer and scheduler on projects from $1,000 to over $50 million. Keith Fouts, Proiect Manager — BA/Liberal Studies/California State University, Fullerton, 2007 Over 11 years of experience as a project manager and project engineer, utilizing skills required to plan, schedule, and coordinate activities for multiple projects running concurrently. Safety Trained Supervisor Construction (STSC), Qualified Stormwater Practitioner (QSP), Certified Inspector of Sediment & Erosion Control (CISEC). Greg Hansen Proiect Engineer- BS/Civil Engineering/California State Polytechnic University Pomona, 2010. Over 10 years of experience as a project engineer, utilizing skills required to track and coordinate activities for utility projects, manage pay applications, RFIs, and Change Orders. Robert Fraiio, Superintendent — Over 31 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 19 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 29 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. Dan Montes —Superintendent — Over 25 years of experience in underground utility and pipeline work including trenching, excavation, shoring, and rehabilitation of pipe. :.t{f yF.d •. City of Seal Beach Request for Proposals - On -Call Emergency and s __ Unexpected Task Utility Maintenance and Repair Services Dustin Gordon — Superintendent — Over 22 years of experience in underground utility and pipeline work including trenching, excavation, trenchless installation, and treatment/pump station work. 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 high quality 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. A, City of Seal Beach' R` 7ih JS. 16 Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services t: ;,,0, 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 that 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 setup 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 than 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. 5 ».{ City of Seal Beach . F Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services 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 lines 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 setup 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: City of Seal Beach Request for Proposals - On -Call Emergency and ' Unexpected Task Utility Maintenance and Repair Services 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 If traffic control is needed arrowboards, 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 material 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 setup 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. City of Seal Beach Z. ,gat Request for Proposals - On -Call Emergency and _ Unexpected Task Utility Maintenance and Repair Services �ls 7 AM — Load out and the disposal of the asphalt, wet material, and excess materials begin. They backhaul 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 is contacted to schedule emergency work in the afternoon. 8:30 AM — Personnel is 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. 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, CCN, 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. 44 City of Seal Beach r� y Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services 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 the 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 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. iiCity of Seal Beach Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services *t-9 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. 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 of 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. City of Seal Beach Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services 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 have ranged 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, 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. City of Seal Beach Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services 4. References W.A. Rasic Construction Company performs on-call and emergency response 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 references for 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 1714-378-32111 bsmith@ocwd.o[g or John Bonsangue 1714-378-3353 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: Jerry Burke 1909-993-1547 1 jburke@ieua.org Liberty Utiiities 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: Mike Vasquez 1 562-333-0321 1 Mike.Vascluez@libertyutilities.com 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 1323-722-86011 icrawford@calwater.com 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 1626-287-5238 1 troy@sunnysIol2ewatercom_pany.com Long Beach Water Department — Emergency On -Call Perform emergency response to domestic water distribution system and sewer system throughout service area and other related work on as -needed basis. Contact: Angel Marquez 1 562-570-2322 1 Angel.Marguez@ibwater.org 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: John Poehler 1626-474-4043 1 Jpoehier@rowlandwater.com City of Seal Beach Request for Proposals - On -Call Emergency and r� Unexpected Task Utility Maintenance and Repair 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 West Hollywood Port of Long Beach City of Chino City of La Palma Rowland Water District City of San Juan Capistrano City of L.A. Dept. Gen Svcs. Orange County San. Dist. Mesa Water District Golden State Water Company County of Los Angeles Public Works (Water and Sewer/Storm) 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. 5' •,i i er 7, City of Seal Beach Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services 5. Sample Letter Proposal See Attached Sample Letter Proposal 1 GENERAL ENGINEERING CONTRACTOR January 28, 2021 City of Seal Beach Department of Public Works 211 Eighth Street Seal Beach, CA 90740 Attention. SAMPLE PROPOSAL LETTER Reference: On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services Subject: Proposal for On -Call Task Order # Dear 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 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 City of Seal Beach Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services 6. Cost Proposal See attached Cost Proposal. P0118 works COST PROPOSAL FOR ON-CALL EMERGENCY AND UNEXPECTED TASK UTILITY MAINTENANCE AND REPAIR SERVICES (additional labor/material rates may be added as a separate attachment) MOBILIZATION COST $420.00 /TASK ORDER MINIMUM GALL U U I (in dollars or hours, if applicable) 2 Crew Hours if work is cancelled, 4 Crew Hours if any work is performed as mandated by unions. EQUIPMENT NO. DESCRIPTION UNIT OF MEASURE UNIT PRICE DESCRIPTION El Pick -Up Truck HOUR $ 25.00 Ford F-150 E2 Crew Truck HOUR $ 39.00 Ford F-550 E3 Flatbed Truck HOUR $ 45.00 Stakebed 11-16' E4 Bed Trailer HOUR $ 15.00 Equipment Trailer (up to 40,000 lbs) E5 Bobcat HOUR $ 45.00 CAT 262 E6 Small Excavator HOUR $ 24.00 CAT 303E E7 Medium Excavator HOUR $ 115.00 CAT 320CLU E8 Large Excavator HOUR $ 235.00 CAT 330DL E9 Backhoe HOUR $ 60.00 CAT 430 F2 20 f pe;NexAmonz wg rj,,, e - E10 Dump Truck/Super 10 HOUR $ 92.00 Super 10 10CY Ell Truck and Pup HOUR $ 92.00 Super 10 10CY E12 Water Truck HOUR $ 42.00 2000 Gallon E13 Vactor Truck HOUR $ 150.00 800 Gallon E14 Sweeper HOUR $ 38.00 Broyce Broom not vacuum E15 Wheel Loader HOUR $ 85.00 John Deere 544J LiuGong 842Z ill E16 Skip Loader HOUR $55.00 John Deere 210 LE E17 Air Compressor w/Jack Hammer HOUR $ 25.00 185 CFM/ 49HP E18 Hydraulic Breaker HOUR $ 50.00 10001b for backhoe E19 Asphalt Paver HOUR $ 100.00 $ 11.25 Weiler P385 E20 Concrete Mixer HOUR 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 $ 12.50 Jumping Jack E24 Vibratory Compactor HOUR $ 12.50 Vibra Plate 24" (walk behind) E25 Generator HOUR $10.00 Portable Generator 21 NO. DESCRIPTION STANDARD OVERTIME DOUBLE TIME Ll Superintendent $ 147.56 $192.38 $ 237.20 L2 Project Manager $ 121.88 $166.70 $ 212.00 L3 Foreman/Operator $ 119.14 $ 158.95 $198.80 L4 Foreman/Laborer $ 93.21 $122.58 $152.61 L5 Operator $ 116.57 $ 154.94 $192.60 L6 Laborer $ 86.21 $ 111.98 $138.19 L7 Welder $ 124.41 $ 170.00 $ 212.86 L8 Teamster $ 91.33 $ 115.47 $139.94 L9 Pipelayer $ 90.20 $ 117.89 $146.41 MARK-UP FOR ITEMS NOT NOTED ABOVE NO. DESCRIPTION PERCENTAGE Ml Material 15 % M2 Equipment 15 % M3 Labor 15 % 22 ¢' Pni!!a �YQrlira ADJUSTMENTS Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. Labor to increase every July 1 per prevailing wage rate % increase for each classification. 23 IPCity of Seal Beach Request for Proposals - On-Call Emergency and Unexpected Task Utility Maintenance and Repair Services 7. Exceptions No exceptions taken. • 4 r�A� City of Seal Beach4a �y Request for Proposals - On -Call Emergency and Unexpected Task Utility Maintenance and Repair Services 8. Business Entity 9. DIR Registration I Contractor's License Company Name:, W.A. Rasic Construction Company, Inc. Address: 4150 Long Beach Blvd., Long Beach, CA 90807 Tele hone Number: (562) 928-6111 Fax: (562) 928-7339 Type of Entity: A California Corporation DBE Status: None =L- ieense=#—= _ - Classification: DIR# City License #: Years in Business: Owners: 36876=1 A, C34 1000000649 10071 42 Years Peter L. Rasic- President Franky A. Rasic- Vice President Walter A. Rasic, Jr.- Vice President/Secretary/Treasurer City of Seal Beach Business License The person, floe or OorpOraOnn below named is har" granted YClYSC pumanL Iq lM Tao[ Lk"W CAdd to erigage In, Carry On OrCOMM?, In Ole GtY Of SW UOO, C01101 nib, the b xrless, nft CoEing, Prdlemn, exhlboon or ocnilu ion desebad below ldr the XAod IndCaled ALL BUSINESS LICENSES DUE UPON EXPIRATION. TO BE POSTED IN A CONSPICUOUS PLACE NOT TRANSFERABLE LICENSE ISSUED: 4/2/2020 LICENSE NO: 10071 LICENSE EXPIRES: 4/2/2021 LICENSE FEE: $223.00 W.A. RASIC CONSTRUCTION, INC. 4150 LONG BEACH BLVD. LONG BEACH, CA 90507 BY: 11 & Llwnw ficial CONTRACTOR CLASS: A, C-34 11 CONTRACTORS OCa STATE MENSE BOARD .. ..... ACTIVE LICENSE w 368761 .. CORP -.. W A RASIC CONSTRUCTION COMPANY INC ........ A U34 pr... 01 /3 112 02 3 wwwcafbcall v City of Seal Beach Request for Proposals - on -Call Emergency and Unexpected Task Utility Maintenance and Repair Services 10. Contract Signatories Peter L. Rasic- President Walter A. Rasic, Jr.- Vice President/Secretary/Treasurer feu SEA'.., �Ci S fig�,Fosa� W.A. RASIC CONSTRUCTION COMPANY, INC. REFERENCES 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 9,000 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. DATE CONTRACT CONTACT OWNERIAGENCY LOCATION COMPLETED AMOUNT NAME PHONE INLAND EMPIRE UTILITIES AGENCY Rancho Cucamonga Nov -18 $1,936,000 Adham Almasri, P.E. (909) 993-1462 RP -4 Disinfection Facility Improvements EN1418 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. CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO San Bemardino, Ca Sep -18 $7,910,000 Christopher Myers (949) 648-3466 Central Utility Plant (CUP) & Site Utilities Upgrades This project involves the upgrades of underground utilities throughout the Cal State San Bernardino campus. The project included Ifurnishing 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_castin_piace mechanical _vau ,_5,860 linear feet-of_fused_MDPE naluraLgas-distribution-piping_rangingJrom_1"to- 15" 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 iinstallation 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. LOS ANGELES DEPARTMENT OF WATER & POWER North Hollywood, CA Aug -18 $91,222,752 All Sabouni, P.E. (213) 367-2637 River Supply Conduit Units 5 & 6 'The installation of 5,400 If of 78" diameter welded steel pipe by open cut utilizing solid sheeting shoring and 10,300 If of 11' diameter LOVAT Tunnel Boring machine. CITY OF BURBANK Burbank, CA Dec -16 $10,537,861 Dan rynn (818) 238-3932 Beachwood Sparks Force Main & Pump Station Installation of approximately 11,600 If of 24" HDPE sewer main including multiple bore & jacks, pump station shutdown and replacement of pumps, valves, appurtenances, and wet well lining, street restoration and tie-in to sewer plant. LOS ANGELES COUNTY SANITATION DISTRICT Carson, CA Jan -16 $30,463,994 Russ Vakharia (310) 830-8050 Joint Outfall "C" Unit 1, Phase H The installation of 7,800 LF of 90" T -Lock lined RGRCP at depths from 28'- 50' by open cut and conventional 12' diameter tunnel. COUNTY OF SAN LUIS OBISPO Los Osos, Ca Jul -14 $29,425,000 James Brantley, P.E. (805) 801-6162 Los Osos Wastewater Collection System Project Areas 8&C This project involves the installation of 81,306 -If of Sewer gravity mains ranging in size from 8 to 18 inches, 17,515 -If of Sewer force mains ranging from 3 to 16 inches, 283 manholes, 1,757 service laterals, 27,019 -If of fiber optic conduit, & 27,264 -If of recycled effluent force mains ranging from 2 to 12 inches. The project also included Wet Wells and ancillary items consisting of one Pocket Pump Station, three Duplex Submersibel Stations, and one Triplex Station. Other work includes an effluent disposal system -consisting of site preparation and 19,776 -If of subsurface perforated pipe and arched infiltration chambers This environmentally sensitive project will provide wastwater collection, conveyance, treatment, and recycled water reuse for the Los Osos community that is currently unsewered and utilized septic tanks. COACHELLA VALLEY WATER DISTRICT Thermal, CA Jun -14 $13,739,000 Carrie Oliphant (760) 398-2651 .Avenue 62 Trunk Sewer Redesign and Rehabilitation 'This project involved the installation of 7,000 feet of 42" FRP trunk sewer pipe along Avenue 62 and the removal of existing 42" VCP :sewer pipe. Construction of the trunk sewer required the removal and replacement of 1.5 miles of asphalt road and the removal and replacement of 5,000 feet of 24" PVC irrigation pipe. ORANGE COUNTY PUBLIC WORKS Yorba Linda, Ca Jul -13 $41,850,000 Ju Kim (714)975-0126 SARI Relocation including Metering Station Iu.kinn0oC0lN.oc_QoV.Com 'This project involves the installation of 20,630 -If of 54" FRP Sewer and associated structures along the Santa Ana River to replace the aging existing 42" Interceptor Sewer. Open cut installations range from 11' to 30' deep along the existing levee roads. There is ,also 2,808 -If of 84" RCP casing installed via Slurry Microtunneling method, up to ten tunneling shafts at depths to 70' deep, concrete unlet and outlet structures, a below ground metering station, and elaborate dewatering system. This highly orchestrated project iincludes mitigation measures for wild life, native plants and birds, bicyclists, and campers within the project site. W.A. RASIC CONSTRUCTION COMPANY, INC. REFERENCES DATE CONTRACT CONTACT OWNER/AGENCY LOCATION COMPLETED AMOUNT NAME PHONE (LOS ANGELES WORLD AIRPORT Los Angeles, Ca March -13 $30,000,000 Tyler Chappell (310) 351-5907 Central Utility Plant Replacement Project Construct chilled water supply and return lines, hot water supply and return lines, domestic water supply, reclaimed water supply, underground power and communication systems to support the new Central Utility Plant (CUP) in the worlds 6th busiest airport. Project includes providing BIM modeling for all portions of the underground work, excavation and the installation of beam and plate shoring for the majority of the 18 miles of total new piping installation. Other work includes cast in place vaults, extensive traffic control, tunneling underneath world way into the new Tom Bradley International Terminal and asphalt restoration. CALLEGUAS MUNICIPAL WATER DISTRICT Moorpark, Ca December -12 $6,275,000 Shonna Summer, P.E. (805) 579-7156 Emergency Pipe Procurement and Storage Procurement of emergency steel pipe, liners, cylinders, fittings, and appurtenances varying in size from 14" diameter to 72" diameter to be stored onsite for future emergency repairs to Calleguas MWD facilities. This work also includes site work and grading to place and bury selected pipe and fittings underground for storage, above ground cylinder storage bays, and construction of a prefabricated metal building warehouse. YUCAIPA VALLEY WATER DISTRICT San Bernardino, Ca August -12 $9,350,000 Brent Anton (909) 797-5118 Yucaipa Valley Regional Brineline Extension Phase 3 Construction of 24,400 -If of 20" HDPE brineline throughout three cities through existing streets, right-of-ways, and beneath two waterways. In addition 2,300 -If of 20" HDPE to be installed via directional drilling under San Timoteo Creek and the Santa Ana River at depths greater than 65' deep and 1,800 -If of 20" HDPE to be installed via jacked casing in six locations. L.A. COUNTY DEPARTMENT OF PUBLIC WORKS Long Beach, Ca January -12 $24,256,012 Ali Zadeh (626) 458-3104 Termino Avenue Drain The installation of 6,300 linear feet of Cast -In -Place and Precast Reinforced Concrete Box Culvert ranging in sizes up to Double 9'w x 8'h; 8,800 linear feet of 72" to 18" RCP Storm Drain Piping; 1,200 linear feet of 78" Direct Jack and Bore RCP, and over 100 Catch (Basins equipped with trash excluder screens and filtration. Other work includes construction of a Low Flow Diversion Structure to ,capture and divert non -storm event runoff to existing sewers, installation of a temporary Sheet Pile Cofferdam, utilization of a groundwater treatment system capable of treating over 1.1 MGD, and removal and treatment of 8,900 tons of hydrocarbon contaminated soils. (LOS ANGELES DEPARTMENT of WATER & POWER Los Angeles, Ca March -12 $48,135,518 Charles Ngo (213) 367-2319 River Supply Conduit - Unit 3 "The installation of 11,200 linear feet of 96" CML&C steel pipe utilizing hydraulic pressed in sheet pile to protect the existing 1940's vintage 66" RCP waterline running parallel to the proposed pipeline. The project will also require 1,400 linear feet of 108" diameter jacked steel casing, three concrete vaults, and a 220 foot deep anode ground bed. LOS ANGELES DEPARTMENT of WATER & POWER Los Angeles, Ca March -12 $38,783,497 All Sabouni, P.E. (213) 367-2637 City Trunk Line South - Unit 2 'The installation of 10,400 linear feet of 66" CML&C steel pipe. The majority of the pipeline will be installed via open cut methods and 2,100 linear feet will be installed by tunneling utilizing an earth pressure balance machine (EPBM) at 78" diameter. The entire open cut installation will be installed utilizing solid sheet shoring and hydraulically pressed in sheet pile. Pipeline and tunnel construction up to depths of 40'. The progress of the work will be controlled via a City mandated matrix of 8 system shutdowns, 7 tiered se uences: includina 32 work areas and various tie-in connections EASTERN MUNICIPAL WATER DISTRICT Murrieta, Ca April -10 $5,036.708 Gabe Necochea, P.E. (951) 928-3777 Murrieta Area Sewer Improvement Project x 4475 The rehabilitation of 5,800 linear feet of existing 12" and 15" VCP gravity sewer by utilizing the pipe bursting method. The pipe will Fax (951) 928-6111 be replaced by pneumatically bursting the existing pipe and then winching in a new 20" HDPE pipe. The pipeline alignment transverses sensitive biological and environmental areas requiring multi -agency cooperation. Other work includes sewer by-passing, replad2q sewer manholes, extensive dawatering and treatment and madway restoration. LOS ANGELES COUNTY SANITATION DISTRICT Carson, Ca November -10 $21,350,586 Russ Vakharia (310) 830-8050 Joint Outfall "C" Unit 1 Relief Trunk Sewer, Phase 1 The installation of 4,400 linear feet of 90" PVC Lined RCP Sewer placed in a 12 -foot diameter rib -and -lag tunnel and 1,200 linear feet installed by open cut method to depths ranging from 20-30' feet deep. Other work includes 400 linear feet of 10" Jet Fuel line relocation to accommodate the deep tunneling shafts as well as the installation of cast in place concrete Junction Structures, Angle Point Structures, manholes, live sewertbe-ins, and restoration ofaxist[ng improvements. CITY OF ANAHEIM Anaheim, Ca November -08 $3,900,000 Caster Williams (714) 765-5176 City Switching Stations No. 10, 11, and 12. The installation of 12,200 linear feet of encased 12kv duct bank and 17 Pre -cast structures. Other work included removal and replacement of the asphalt roadway and concrete restoration. The project required multiple headings, multiple shifts and coordination with the Disneyland Resort as well as Caltrans. JOHNSON - PELTIER ELECTRIC Anaheim, Ca November -08 $4,600,000 Tom Fuefte (562) 944-3408 12Kv Upgrade at the Disneyland Resort The installation of 10,000 linear feet of duct bank, associated grounding grid as well as 30 precast electrical structures, concrete equipment pads, relocation of various utilities to facilitate precast structure installation, and restoration of existing improvements lhrou hout the Disneyland Resort W.A. RASIC CONSTRUCTION COMPANY, INC. REFERENCES DATE CONTRACT CONTACT OWNERIAGENCY LOCATION COMPLETED AMOUNT NAME PHONE METROPOLITAN WATER DISTRICT Perris, Ca December -08 $40,709,918 Wally Lieu (213) 435-2727 PERRIS VALLEY PIPELINE - NORTH REACH The installation of 2.7 miles of owner furnished 96" and 108" Steel Pipe at depths up to 60' deep. Other work includes cast in place concrete vaults, butterfly valves, flow meters, tunneling through solid rock, extensive rock removal and blasting, dewatering, blow -off and air vac installation and complete roadway removal and replacement EASTERN MUNICIPAL WATER DISTRICT Moreno Valley, Ca Nov -08 $5,600,000 Karl Roland (951) 928-3777 CACTUS AVE FEEDER PROJECT x 4442 The installation of 2.6 miles of EMWD Furnished 48" Steel Pipe. Other work includes the installation of 48" Butterfly Valves, 640 Fax (951) 928-6111 linear feet of 66" Casing by Bore and Jack Operation, Air Releases, and Blow -Off Installation. EASTERN MUNICIPAL WATER DISTRICT Temecula, Ca Apr -08 $3,469,904 Bruce Ross (951) 928-3777 DESIGN -BUILD - DIAZ FORCE MAIN EMERGENCY REPLACEMENT x 4451 Provided engineering design and installation of 6,400 I.f. of 24" PVC Force Main. Other work included the installation of a dewatering Fax (951) 928-6111 system, instal Ling_ 320 feet of 60" casing by bore and jack method, sewer by-passing, and roadway restoration EASTERN MUNICIPAL WATER DISTRICT SAN JACINTO August -08 $10,021,745 Gabe Necochea, P.E. (951) 928-3777 NORTH SAN JACINTO SEWER PHASE 11 x 4475 'The installation of 3,500 LF of 24" & 27" Amitech Polycrete Pipe by Microtunneling, 4,500 LF of 16" & 24" PVC pipe by Open Cut Fax (951) 928-6111 installation, Beam & Plate Shoring, Extensive Dewatering and Sewer By -Passing METROPOLITAN WATER DISTRICT Perris, Ca to Jun -07 $10,822,990 Wally Lieu (213) 435-2727 COLORADO RIVER AQUEDUCT REHABILITATION Parker, AZ Utilized 200 W.A. Rasic Employees to Dewater 150 Million Gallons of Water from the Colorado River Aqueduct to facilitate the installation of 50 mechanical blow -offs, abandoning 27 transition drains, rehabilitate and recoat two radial gates, install flow metering system at Copper Basin inlet tunnel, and provide access for inspection of siphons by MWO fnspectors. 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. AGENDA STAFF REPORT DATE: March 8, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Les Johnson, Community Development Director SUBJECT: Legislative Advocacy: Opposition to Senate Bill 9 SUMMARY OF REQUEST: That the City Council oppose Senate Bill 9 (SB 9), which proposes to require local governments to ministerially approve a housing development containing two residential units and urban lot splits and authorize the Mayor to communicate the position as appropriate. BACKGROUND AND ANALYSIS: Historically, the City Council has advocated for local control with the specific goal of preserving and protecting the City's powers, duties and prerogatives to enact legislation and policy direction concerning local affairs and oppose legislation that would preempt local authority. SB 9 would undermine local control by requiring the City to ministerially approve certain residential development and lot splits to increase density in single-family residential zoning districts. SB 9 (Atkins) proposes to remove local control of what gets built in single-family residential zones. As currently drafted, SB 9 will require the following: Require local governments to ministerially approve a housing development containing two residential units in single-family residential zones. Require local governments to allow the conversion of an existing single-family residence into a duplex and subsequently add an accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU) to the same parcel. Require local governments to ministerially approve a single-family lot split, creating two lots, and allowing the construction of one single-family home, one ADU, and one JADU. This would allow a total of 6 units on a parcel originally intended for one single-family residence. Allowing this to occur will result in development at a density and intensity well beyond what is currently experienced in or intended for the City's single-family residential zoning districts. Such an allowance would have the potential of Agenda Item F adversely impacting quality of life in these areas of our community, including demand upon emergency services, public infrastructure, utilities, and schools. At a minimum, clarification is needed regarding the current language of SB 9 and the following should be addressed: • Clarify that a property owner would be limited to constructing two residential units, not two residential units and additional ADU's on the same parcel; • Require a housing developer to acquire a building permit within one year of a lot split, so that speculators do not sell lots and never build homes; • Allow local governments to require adequate access for police, fire and other public safety vehicles and equipment; • Allow local governments to determine a range of lot sizes suitable for SB 9 development projects; • Ensure the California Department of Housing and Community Development (HCD) provides Regional Housing Needs Allocation (RHNA) credit for production of SB 9 units; • Allow local governments to take into account local conditions such as topography, lot dimensions, natural hazards, available infrastructure, etc. when approving or denying housing project applications; • Allow local governments to continue to determine parking standards; and • Ensure large-scale investors and builders do not exploit SB 9 provisions. It is possible that with the aforementioned items being clarified and the language of SB 9 amended, this bill could be deemed appropriate. Housing affordability, homelessness and housing production continue to be paramount matters for our region and much of our state. However, SB 9 as it is currently written is not a viable solution to these matters. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed this staff report and approved it as to form. FINANCIAL IMPACT: There is no fiscal impact associated with this action. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 2 MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council oppose Senate Bill 9, which proposes to require local governments to ministerially approve a housing development containing two residential units and urban lot splits and authorize the Mayor to communicate the position as appropriate. C•Y1JyAIIa121911-YA Les Johnson Les Johnson, Community Development Director ATTACHMENTS: A. Senate Bill No. 9 B. Draft Letter of Opposition Page 3 1ilk [W11I121I7_VIOX-Al W,:Z6]VI2191 Jill R. Ingram Jill R. Ingram, City Manager SENATE BILL No. 9 Introduced by Senators Atkins, Caballero, Rubio, and Wiener (Coauthors: Senators Gonzalez and McGuire) (Coauthor: Assembly Member Robert Rivas) December 7, 2020 An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST SB 9, as introduced, Atkins. Housing development: approvals. The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not 99 SB 9 —2— limited to, authorizing a city or county to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a city or county to ministerially approve a parcel map or tentative and final map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a city or county to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units on either of the resulting parcels, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it 99 -3— SB9 proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. This bill would exempt a local government from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state -mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 65852.21 is added to the Government 2 Code, to read: 3 65852.21. (a) A proposed housing development containing 4 two residential units within a single-family residential zone shall 5 be considered ministerially, without discretionary review or a 6 hearing, if the proposed housing development meets all of the 7 following requirements: 8 (1) The parcel subject to the proposed housing development is 9 located within a city the boundaries of which include some portion 10 of either an urbanized area or urban cluster, as designated by the 11 United States Census Bureau, or, for unincorporated areas, a legal 99 SB 9 —4- 1 parcel wholly within the boundaries of an urbanized area or urban 2 cluster, as designated by the United States Census Bureau. 3 (2) The parcel satisfies the requirements specified in 4 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision 5 (a) of Section 65913.4. 6 (3) Notwithstanding any provision of this section or any local 7 law, the proposed housing development would not require 8 demolition or alteration of any of the following types of housing: 9 (A) Housing that is subject to a recorded covenant, ordinance, 10 or law that restricts rents to levels affordable to persons and 11 families of moderate, low, or very low income. 12 (B) Housing that is subject to any form of rent or price control 13 through a public entity's valid exercise of its police power. 14 (C) Housing that has been occupied by a tenant in the last three 15 years. 16 (4) The parcel subject to the proposed housing development is 17 not a parcel on which an owner of residential real property has 18 exercised the owner's rights under Chapter 12.75 (commencing 19 with Section 7060) of Division 7 of Title 1 to withdraw 20 accommodations from rent or lease within 15 years before the date 21 that the development proponent submits an application. 22 (5) The proposed housing development does not allow the 23 demolition of more than 25 percent of the existing exterior 24 structural walls, unless the housing development meets at least 25 one of the following conditions: 26 (A) If a local ordinance so allows. 27 (B) The site has not been occupied by a tenant in the last three 28 years. 29 (6) The development is not located within a historic district or 30 property included on the State Historic Resources Inventory, as 31 defined in Section 5020.1 of the Public Resources Code, or within 32 a site that is designated or listed as a city or county landmark or 33 historic property or district pursuant to a city or county ordinance. 34 (b) (1) Notwithstanding any local law and except as provided 35 in paragraph (2), a city or county may impose objective zoning 36 standards, objective subdivision standards, and objective design 37 review standards that do not conflict with this section. 38 (2) (A) The city or county shall not impose objective zoning 39 standards, objective subdivision standards, and objective design 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -5— SB 9 standards that would have the effect of physically precluding the construction of up to two units. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local government may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section: (1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (d) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (e) Notwithstanding Section 65852.2, a local agency shall not be required to permit an accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (f) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (g) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by 99 SB 9 —6- 1 subparagraph (I) of paragraph (2) of subdivision (a) of Section 2 65400. 3 (h) For purposes of this section, all of the following apply: 4 (1) A housing development contains two residential units if the 5 development proposes two new units or if it proposes to add one 6 new unit to an existing unit. 7 (2) The terms "objective zoning standards," "objective 8 subdivision standards," and "objective design review standards" 9 mean standards that involve no personal or subjective judgment 10 by a public official and are uniformly verifiable by reference to 11 an external and uniform benchmark or criterion available and 12 knowable by both the development applicant or proponent and the 13 public official prior to submittal. These standards may be embodied 14 in alternative objective land use specifications adopted by a city 15 or county, and may include, but are not limited to, housing overlay 16 zones, specific plans, inclusionary zoning ordinances, and density 17 bonus ordinances. 18 (i) A local agency may adopt an ordinance to implement the 19 provisions of this section. An ordinance adopted to implement this 20 section shall not be considered a project under Division 13 21 (commencing with Section 21000) of the Public Resources Code. 22 0) Nothing in this section shall be construed to supersede or in 23 any way alter or lessen the effect or application of the California 24 Coastal Act of 1976 (Division 20 (commencing with Section 25 30000) of the Public Resources Code), except that the local 26 government shall not be required to hold public hearings for coastal 27 development permit applications for a housing development 28 pursuant to this section. 29 SEC. 2. Section 66411.7 is added to the Government Code, to 30 read: 31 66411.7. (a) Notwithstanding any other provision of this 32 division and any local law, a city or county shall ministerially 33 approve, as set forth in this section, a parcel map or tentative and 34 final map for an urban lot split that meets all the following 35 requirements: 36 (1) The parcel map or tentative and final map subdivides an 37 existing parcel to create two new parcels of equal size. 38 (2) (A) Except as provided in subparagraph (B), both newly 39 created parcels are no smaller than 1,200 square feet. 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -7- SB 9 (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a residential zone. (B) The parcel subject to the proposed urban lot split is located within a city the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. 99 SB 9 —8- 1 (b) An application for an urban lot split shall be approved in 2 accordance with the following requirements: 3 (1) A local agency shall approve or deny an application for an 4 urban lot split ministerially without discretionary review. 5 (2) A local agency shall approve an urban lot split only if it 6 conforms to all applicable objective requirements of the 7 Subdivision Map Act (Division 2 (commencing with Section 8 66410)), except as otherwise expressly provided in this section. 9 (3) Notwithstanding Section 66411. 1, a local agency shall not 10 impose regulations that require dedications of rights-of-way or the 11 construction of offsite improvements for the parcels being created 12 as a condition of issuing a parcel map or tentative and final map 13 for an urban lot split. 14 (c) (1) Except as provided in paragraph (2), notwithstanding 15 any local law, a city or county may impose objective zoning 16 standards, objective subdivision standards, and objective design 17 review standards applicable to a parcel created by an urban lot 18 split that do not conflict with this section. 19 (2) A local agency shall not impose objective zoning standards, 20 objective subdivision standards, and objective design review 21 standards that would have the effect of physically precluding the 22 construction of two units on either of the resulting parcels. 23 (3) (A) Notwithstanding paragraph (2), no setback shall be 24 required for an existing structure or a structure constructed in the 25 same location and to the same dimensions as an existing structure. 26 (B) Notwithstanding paragraph (2), in all other circumstances 27 not described in subparagraph (A), a local government may require 28 a setback of up to four feet from the side and rear lot lines. 29 (d) In addition to any conditions established in accordance with 30 subdivision (c), a local agency may require any of the following 31 conditions when considering an application for an urban lot split: 32 (1) Easements required for the provision of public services and 33 facilities. 34 (2) A requirement that the parcels have access to, provide access 35 to, or adjoin the public right-of-way. 36 (3) Off-street parking of up to one space per unit, except that a 37 local agency shall not impose parking requirements in either of 38 the following instances: 39 (A) The parcel is located within one-half mile walking distance 40 of either a high-quality transit corridor as defined in subdivision 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -9— SB 9 (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (e) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (f) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (g) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (h) Notwithstanding Section 65852.2, a local agency shall not be required to permit an accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 65852.21. (i) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. 0) Local agencies shall include the number of applications for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (k) For purposes of this section, the terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (0 A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. 99 SB9 —10- 1 (m) Nothing in this section shall be construed to supersede or 2 in any way alter or lessen the effect or application of the California 3 Coastal Act of 1976 (Division 20 (commencing with Section 4 30000) of the Public Resources Code), except that the local 5 government shall not be required to hold public hearings for coastal 6 development permit applications for urban lot splits pursuant to 7 this section. 8 SEC. 3. Section 66452.6 of the Government Code is amended 9 to read: 10 66452.6. (a) (1) An approved or conditionally approved 11 tentative map shall expire 24 months after its approval or 12 conditional approval, or after any additional period of time as may 13 be prescribed by local ordinance, not to exceed an additional 14 24 months. However, if the subdivider is required to expend two 15 hundred thirty-six thousand seven hundred ninety dollars 16 ($236,790) or more to construct, improve, or finance the 17 construction or improvement of public improvements outside the 18 property boundaries of the tentative map, excluding improvements 19 of public rights-of-way-whieh that abut the boundary of the 20 property to be subdivided and-w4tieh that are reasonably related 21 to the development of that property, each filing of a final map 22 authorized by Section 66456.1 shall extend the expiration of the 23 approved or conditionally approved tentative map by46 48 months 24 from the date of its expiration, as provided in this section, or the 25 date of the previously filed final map, whichever is later. The 26 extensions shall not extend the tentative map more than 10 years 27 from its approval or conditional approval. However, a tentative 28 map on property subject to a development agreement authorized 29 by Article 2.5 (commencing with Section 65864) of Chapter 4 of 30 Division 1 may be extended for the period of time provided for in 31 the agreement, but not beyond the duration of the agreement. The 32 number of phased final maps that may be filed shall be determined 33 by the advisory agency at the time of the approval or conditional 34 approval of the tentative map. 35 (2) Commencing January 1, 2012, and each calendar year 36 thereafter, the amount of two hundred thirty-six thousand seven 37 hundred ninety dollars ($236,790) shall be annually increased by 38 operation of law according to the adjustment for inflation set forth 39 in the statewide cost index for class B construction, as determined 40 by the State Allocation Board at its January meeting. The effective 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -11— SB9 date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) "Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency-whieh that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. 99 SB9 —12- 1 (d) The expiration of the approved or conditionally approved 2 tentative map shall terminate all proceedings and no final map or 3 parcel map of all or any portion of the real property included within 4 the tentative map shall be filed with the legislative body without 5 first processing a new tentative map. Once a timely filing is made, 6 subsequent actions of the local agency, including, but not limited 7 to, processing, approving, and recording, may lawfully occur after 8 the date of expiration of the tentative map. Delivery to the county 9 surveyor or city engineer shall be deemed a timely filing for 10 purposes of this section. 11 (e) Upon application of the subdivider filed -prior -to before the 12 expiration of the approved or conditionally approved tentative 13 map, the time at which the map expires pursuant to subdivision 14 (a) may be extended by the legislative body or by an advisory 15 agency authorized to approve or conditionally approve tentative 16 maps for a period or periods not exceeding a total of six years. The 17 period of extension specified in this subdivision shall be in addition 18 to the period of time provided by subdivision (a).Prior to Before 19 the expiration of an approved or conditionally approved tentative 20 map, upon an application by the subdivider to extend that map, 21 the map shall automatically be extended for 60 days or until the 22 application for the extension is approved, conditionally approved, 23 or denied, whichever occurs first. If the advisory agency denies a 24 subdivider's application for an extension, the subdivider may 25 appeal to the legislative body within 15 days after the advisory 26 agency has denied the extension. 27 (f) For purposes of this section, a development moratorium 28 includes a water or sewer moratorium, or a water and sewer 29 moratorium, as well as other actions of public agenciesek that 30 regulate land use, development, or the provision of services to the 31 land, including the public agency with the authority to approve or 32 conditionally approve the tentative map, which thereafter prevents, 33 prohibits, or delays the approval of a final or parcel map. A 34 development moratorium shall also be deemed to exist for purposes 35 of this section for any period of time during which a condition 36 imposed by the city or county could not be satisfied because of 37 either of the following: 38 (1) The condition was one that, by its nature, necessitated action 39 by the city or county, and the city or county either did not take the 40 necessary action or by its own action or inaction was prevented or 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -13— SB9 delayed in taking the necessary action -prior -to before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency _ v� that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency-wh-ieh that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency-wkiek that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or 99 SB9 —14- 1 level of service mandated by this act, within the meaning of Section 2 17556 of the Government Code. N 99 March 8, 2021 The Honorable Toni Atkins President pro Tempore, California State Senate State Capitol Building, Room 205 Sacramento, CA 95814 RE: SB 9 (Atkins) Increased Density in Single -Family Zones Oppose Unless Amended (As Introduced 12/7/2020) Dear Senate President pro Tempore Atkins, The City of Seal Beach writes to express an Oppose Unless Amended position on your SB 9, which would require a local government to ministerially approve a housing development containing two residential units in single-family residential zones. Additionally, this measure would require local governments to ministerially approve urban lot splits. Housing affordability and homelessness are among the most critical issues facing California cities. Affordably priced homes are out of reach for many people and housing is not being built fast enough to meet the current or projected needs of people living in the state. Cities lay the groundwork for housing production by planning and zoning new projects in their communities based on extensive public input and engagement, state housing laws, and the needs of the building industry. While your desire to pursue a housing production proposal is appreciated, unfortunately, SB 9 as currently drafted would not spur much needed housing construction in a manner that supports local flexibility, decision-making, and community input. State driven ministerial or by -right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements that are certified by the California Department of Housing and Community Development (HCD). The City of Seal Beach requests the following amendments in order to address our concerns and remove our opposition: • Clarify that a property owner using SB 9 is limited to constructing two residential units, not two residential units and additional accessory dwelling units (ADUs) on the same parcel; • Require a housing developer to acquire a building permit within one year of a lot split, so that speculators do not sell lots and never build homes; • Allow local governments to require adequate access for police, fire and other public safety vehicles and equipment; • Allow cities to determine a range of lot sizes suitable for SB 9 development projects; • Ensure HCD provides Regional Housing Needs Allocation (RHNA) credit for production of SB 9 units; • Allow local governments to take into account local conditions such as hillsides, lot dimensions, natural hazards, available infrastructure, etc. when approving or denying housing project applications; • Allow local governments to continue to determine parking standards; and • Ensure large-scale investors and builders do not exploit SB 9 provisions. The City of Seal Beach is committed to being part of the solution to the housing shortfall across all income levels and will continue to work collaboratively with you to spur much needed housing construction. Thank you for considering the above amendments. For these reasons, the City of Seal Beach opposes SB 9 (Atkins) unless it is amended to address our concerns. Sincerely, Joe Kalmick Mayor City of Seal Beach cc. Senator Thomas Umberg Tony Cardenas, League of CA Cities Regional Public Affairs Manager (via email) League of California Cities (via email) i�0� SEA('ec�9ti f� G� nyy AGENDA STAFF REPORT �1'',,C'QCIFORN�P'r DATE: March 8, 2021 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Kelly Telford, CPA, Finance Director/Treasurer SUBJECT: Approving the Mid -Year Budget Amendment 21-09-01 and Amending the Fiscal Year 2020-2021 Cost Recovery Schedule for Junior Lifeguard Program Fees SUMMARY OF REQUEST: That the City Council adopt: 1. Resolution 7118 to approve Budget Amendment BA 21-09-01 to increase the various budgeted amounts as detailed in the resolution; and 2. Resolution 7119 amending the Fiscal Year 2020-2021 Cost Recovery Schedule to amend the rates for the Junior Lifeguard Program. BACKGROUND AND ANALYSIS: Mid -Year Budget Adjustments The City Council adopted the Fiscal Year 2020-21 budget on June 22, 2020. On February 22, 2021 staff presented the Mid -Year Budget review to the City Council, which included a summary of the operating results of the General Fund for Fiscal Year 2019-20 and the year-to-date revenues and expenditures for the General Fund as of December 31, 2020. During the mid -year budget analysis, certain budget adjustments were identified as being necessary to continue operations and ensure budgetary compliance. Attachment C provides detailed descriptions for each of the proposed budget adjustments. There are sufficient revenues, cash and/or fund balances to support the proposed budget adjustments. A summary of the proposed budget adjustments are shown below. Agenda Item G Net Increase Revenues $ 565,788 Net Increase Expenditures $ 560,959 Page 2 Budget Current Proposed Amendment Description Account Budget Budget (Difference) Expenditure - Vehicles 021-980-48075 $ 58,003 $ 85,769 $ 27,766 Expenditure - Vehicles 021-980-48075 85,769 185,769 100,000 Expenditure - Contract Services Leisure 021-980-44000 - 5,000 5,000 Revenue - Canine Grant 004-222-39500 - 50,000 50,000 Expenditure - Canine Unit 004-222-41500 - 50,000 50,000 Revenue - Rec/Lap Swim Passes 001-073-30620 30,000 60,000 30,000 Revenue - Swimming Lessons 001-073-30630 20,000 45,000 25,000 Revenue - Swimming Pool Rentals 001-073-30665 1,200 36,000 34,800 Expenditure - Part Time Aquatics 001-073-40004 98,000 144,000 46,000 Revenue - Off -Street Parking 034-000-30425 875,400 954,088 78,688 Expenditure - Part-time Lifeguard 034-828-40003 474,200 534,200 60,000 Revenue - Leisure Program Fees 034-072-30610 95,000 190,000 95,000 Expenditure - Contract Services Leisure 034-072-44000 72,000 167,000 95,000 Revenue - Grant Reimbursement 009-000-30975 155,000 165,000 10,000 Expenditure - Training and Meetings 009-600-40400 10,000 - (10,000) Expenditure - Equipment/Materials 009-600-40700 25,000 45,000 20,000 Revenue - County GF ED Grants 080-370-30980 - 77,000 77,000 Expenditure - Special Exp - ED Grants 080-370-44001 - 77,000 77,000 Expenditure - Transfers Out Operations 010-024-47002 - 28,000 28,000 Revenue - Transfers In Operations 001-000-31502 - 28,000 28,000 Expenditure - Capital Projects 080-331-49605 50,000 - (50,000) Expenditure - Transfer Out - CIP 001-080-47000 59,907 - (59,907) Expenditure - Contract Services 001-030-44000 - 55,000 55,000 Expenditure - Contract Services 080-331-44000 - 50,000 50,000 Revenue - Grant Reimbursement 080-332-30975 - 150,000 150,000 Expenditure - Contract Services 080-332-44000 - 12,213 12,213 Expenditure - Contract Services 080-332-44000 - 137,787 137,787 Revenue - Grant Reimb - BSCC Grant 075-466-30975 77,900 - (77,900) Expenditure - Overtime - BSCC 075-466-40003 65,000 - (65,000) Expenditure - Medicare - BSCC 075-466-40017 900 - (900) Expenditure - Training and Meetings - BE 075-466-40400 4,000 - (4,000) Expenditure - Equipment/Materials - BSC 075-466-40700 8,000 - (8,000) Net Increase Revenues $ 565,788 Net Increase Expenditures $ 560,959 Page 2 Junior Lifeguard Program Proposed Fee Change In light of the COVID-19 challenges and the increase in demand, the Marine Safety Department is proposing to revise the Junior Lifeguard Program from a seven week program with 300 children to two four-week programs with 150 children each. This would result in a class size of 10 children per instructor instead of 20 children, allowing for adequate social distancing. The fee schedule changes are proposed as follows: A. Junior Lifeguard Program 1. Resident.................................................................................. $-57-5$470 Second and subsequent Sibling................................................$5,510 $450 2. Non-resident..............................................................................$600 $500 Second and Subsequent Sibling ............................................. $57-5 $480 3. City of Seal Beach Employee (Dependent)..........................50% Discount 4. City of Seal Beach Employee, Junior Lifeguard Inst (Dependent) ...... Free 5. Preparation swim class..............................................................$450 $105 6. Conditioning swim class............................................................ $a-50 $105 7. Last Chance swim class................................................................$75 $55 The proposed fees can be found in the Lifeguard section (Section 12) of the Cost Recovery Schedule. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: The proposed budget adjustments result in an increase in revenues of $565,788 and an increase in appropriations of $560,959 across all funds. The proposed fee schedule amendment for the Junior Lifeguard Program would result in a reduction in revenue of approximately $31,500 for Fiscal Year 2020-21. Additionally, the cost of the program would increase as there would be additional staff time required to administer two programs instead of one. These costs would be reflected in Fiscal Year 2021-22 and will be included in the proposed budget. The recommendation would be to subsidize increases in costs with General Fund funds through transfers to the Tidelands Fund in Fiscal Year 2021-22 and is anticipated to be temporary until the regular program can resume. Page 3 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: Some of the increases in appropriations are applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt: 1. Resolution 7118 to approve Budget Amendment BA 21-09-01 to increase the various budgeted amounts as detailed in the resolution; and 2. Resolution 7119 amending the Fiscal Year 2020-2021 Cost Recovery Schedule to amend the rates for the junior lifeguard program. SUBMITTED BY: Kelly Telford Kelly Telford, CPA, Finance Director/Treasurer NOTED AND APPROVED: Jill R. Ingram Jill R. Ingram, City Manager ATTACHMENTS: A. Resolution 7118 B. Resolution 7119 C. Mid -Year Budget Amendment 21-09-01 Page 4 RESOLUTION 7118 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING MID -YEAR BUDGET AMENDMENT 21-09-01 WHEREAS, on May 28, 2020 and June 04, 2020, the City Council conducted budget workshops to provide an opportunity to the public to comment on the Proposed Fiscal Year 2020-21 Operating and Capital Improvement Budget; and, WHEREAS, on June 22, 2020, the City Council unanimously approved Resolution 7048, adopting the City's Fiscal Year 2020-2021 Budget; and, WHEREAS, on February 22, 2021 the Mid -Year Budget Review was presented to City Council; and, WHEREAS, current situations and conditions have brought about the need to amend certain budgets due to changes in operations. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: 1 SECTION 1. The City Council hereby approves Budget Amendment No. BA 21-08-01 to modify the Fiscal Year 2020-2021 budget as follows: Net Increase Revenues $ 565,788 Net Increase Expenditures $ 560,959 Budget Current Proposed Amendment Description Account Budget Budget (Difference) Expenditure - Vehicles 021-980-48075 $ 58,003 $ 85,769 $ 27,766 Expenditure - Vehicles 021-980-48075 85,769 185,769 100,000 Expenditure - Contract Services Leisure 021-980-44000 - 5,000 5,000 Revenue - Canine Grant 004-222-39500 - 50,000 50,000 Expenditure - Canine Unit 004-222-41500 - 50,000 50,000 Revenue - Rec/Lap Swim Passes 001-073-30620 30,000 60,000 30,000 Revenue - Swimming Lessons 001-073-30630 20,000 45,000 25,000 Revenue - Swimming Pool Rentals 001-073-30665 1,200 36,000 34,800 Expenditure - Part Time Aquatics 001-073-40004 98,000 144,000 46,000 Revenue - Off -Street Parking 034-000-30425 875,400 954,088 78,688 Expenditure - Part-time Lifeguard 034-828-40003 474,200 534,200 60,000 Revenue - Leisure Program Fees 034-072-30610 95,000 190,000 95,000 Expenditure - Contract Services Leisure 034-072-44000 72,000 167,000 95,000 Revenue - Grant Reimbursement 009-000-30975 155,000 165,000 10,000 Expenditure - Training and Meetings 009-600-40400 10,000 - (10,000) Expenditure - Equipment/Materials 009-600-40700 25,000 45,000 20,000 Revenue - County GF ED Grants 080-370-30980 - 77,000 77,000 Expenditure - Special Exp - ED Grants 080-370-44001 - 77,000 77,000 Expenditure - Transfers Out Operations 010-024-47002 - 28,000 28,000 Revenue - Transfers In Operations 001-000-31502 - 28,000 28,000 Expenditure - Capital Projects 080-331-49605 50,000 - (50,000) Expenditure - Transfer Out - CIP 001-080-47000 59,907 - (59,907) Expenditure - Contract Services 001-030-44000 - 55,000 55,000 Expenditure - Contract Services 080-331-44000 - 50,000 50,000 Revenue - Grant Reimbursement 080-332-30975 - 150,000 150,000 Expenditure - Contract Services 080-332-44000 - 12,213 12,213 Expenditure - Contract Services 080-332-44000 - 137,787 137,787 Revenue - Grant Reimb - BSCC Grant 075-466-30975 77,900 - (77,900) Expenditure - Overtime - BSCC 075-466-40003 65,000 - (65,000) Expenditure - Medicare - BSCC 075-466-40017 900 - (900) Expenditure - Training and Meetings - BE 075-466-40400 4,000 - (4,000) Expenditure - Equipment/Materials - BSC 075-466-40700 8,000 - (8,000) Net Increase Revenues $ 565,788 Net Increase Expenditures $ 560,959 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 81" day of March, 2021 by the following vote: F-10:111111111111110i61.Pi ILYA[ai11ST NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7118 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8t" day of March, 2021. Gloria D. Harper, City Clerk 9 RESOLUTION 7119 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AMENDING THE 2020-2021 COST RECOVERY SCHEDULE TO REVISE JUNIOR LIFEGUARD FEES WHEREAS, the Seal Beach City Council is empowered to impose reasonable fees, rates, and charges for municipal services; and, WHEREAS, the City Council periodically determines that fees, rates, and charges should cover the costs reasonably borne or a substantial portion of the actual costs of the goods and services provided by the City; and, WHEREAS, on May 28, 2020 and June 04, 2020, the City Council conducted budget workshops to provide an opportunity to the public to comment on the Proposed Fiscal Year 2020-21 Operating and Capital Improvement Budget; and, WHEREAS, on June 22, 2020, the City Council unanimously approved Resolution 7048, adopting the City's Fiscal Year 2020-2021 Budget; and, WHEREAS, approval of Resolution 7048 included approval of the City's cost recovery schedule for Fiscal Year 2020-2021; and, WHEREAS, on December 14, 2020, the City Council unanimously approved Resolution 7100, amending the City's cost recovery schedule for Fiscal Year 2020-2021 to include use fees for outdoor volleyball court; and, WHEREAS, current situations and conditions have brought about the need to reduce group sizes in the junior lifeguard program that were unforeseen when the current cost recovery schedule was established; and, WHEREAS, the adoption of this Resolution determines fees for the purpose of meeting the operating expenses of City departments and is therefore exempt from the California Environmental Quality Act. 1 NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby amends Section 12 of the 2020-2021 Cost Recovery Schedule to revise Junior Lifeguard Fees as noted below: A. Junior Lifeguard Program 1. Resident............................................................................................ $57-5$470 Second and subsequent Sibling ......................................................... $5-59 $450 2. Non-resident.......................................................................................$698 $500 Second and Subsequent Sibling....................................................... $57-5 $480 3. City of Seal Beach Employee (Dependent)...................................50% Discount 4. City of Seal Beach Employee, Junior Lifeguard Inst (Dependent) ...............Free 5. Preparation swim class.......................................................................$459 $105 6. Conditioning swim class......................................................................$459 $105 7. Last Chance swim class.........................................................................$7-5 $55 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 8t" day of March, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor I_r11111111*31 Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7119 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 8t" day of March, 2021. Gloria D. Harper, City Clerk 9 Budget Adjustment 21-09-01 Net Increase Revenues $ 565,788 Net Increase Expenditures $ 560,959 Budget Current Proposed Amendment Description Account Budget Budget (Difference) Notes Expenditure - Vehicles 021-980-48075 $ 58,003 $ 85,769 $ 27,766 New PD Motorcycle Expenditure - Vehicles 021-980-48075 85,769 185,769 100,000 Replacement of two vehicles for PD Expenditure - Contract Services Leisure 021-980-44000 - 5,000 5,000 Vehicle Inventory Consulting Costs Revenue - Canine Grant 004-222-39500 - 50,000 50,000 New Canine Program Expenditure - Canine Unit 004-222-41500 - 50,000 50,000 New Canine Program Revenue - Rec/Lap Swim Passes 001-073-30620 30,000 60,000 30,000 Swim pass revenue Revenue - Swimming Lessons 001-073-30630 20,000 45,000 25,000 Swim lesson revenue Revenue - Swimming Pool Rentals 001-073-30665 1,200 36,000 34,800 Swim Club Pool Rentals Expenditure - Part Time Aquatics 001-073-40004 98,000 144,000 46,000 Part-time salaries Revenue - Off -Street Parking 034-000-30425 875,400 954,088 78,688 Beach Lots Parking Revenue Expenditure - Part-time Lifeguard 034-828-40003 474,200 534,200 60,000 Increase in costs due to extended Summer season Revenue - Leisure Program Fees 034-072-30610 95,000 190,000 95,000 Increase in program fees Expenditure - Contract Services Leisure 034-072-44000 72,000 167,000 95,000 Increase in instructor pay Revenue - Grant Reimbursement 009-000-30975 155,000 165,000 10,000 SLESF Revenue Expenditure - Training and Meetings 009-600-40400 10,000 - (10,000) Reduce budget Expenditure - Equipment/Materials 009-600-40700 25,000 45,000 20,000 Increase for breaching tool purchase Revenue - County GF ED Grants 080-370-30980 - 77,000 77,000 New County Economic Dev Grant Program Expenditure - Special Exp - ED Grants 080-370-44001 - 77,000 77,000 New County Economic Dev Grant Program Expenditure - Transfers Out Operations 010-024-47002 - 28,000 28,000 Transfer remaining balances in Detention Center Fund Revenue - Transfers In Operations 001-000-31502 - 28,000 28,000 Transfer remaining balances in Detention Center Fund Expenditure - Capital Projects 080-331-49605 50,000 - (50,000) Move Local Costal Plan from CIP budget and move to operating Expenditure - Transfer Out - CIP 001-080-47000 59,907 - (59,907) Move Local Costal Plan from CIP budget and move to operating Expenditure - Contract Services 001-030-44000 - 55,000 55,000 Move Local Costal Plan from CIP budget and move to operating Expenditure - Contract Services 080-331-44000 - 50,000 50,000 Move Local Costal Plan from CIP budget and move to operating Revenue - Grant Reimbursement 080-332-30975 - 150,000 150,000 LEAP Grant Revenue Expenditure - Contract Services 080-332-44000 - 12,213 12,213 Appropriate new grant for Local Costal Plan Expenditure - Contract Services 080-332-44000 - 137,787 137,787 Appropriate new grant for housing element and environmental Revenue - Grant Reimb - BSCC Grant 075-466-30975 77,900 - (77,900) BSCC Grant Revenue and Appropriations not needed Expenditure - Overtime - BSCC 075-466-40003 65,000 - (65,000) BSCC Grant Revenue and Appropriations not needed Expenditure - Medicare - BSCC 075-466-40017 900 - (900) BSCC Grant Revenue and Appropriations not needed Expenditure - Training and Meetings - BS 075-466-40400 4,000 - (4,000) BSCC Grant Revenue and Appropriations not needed Expenditure - Equipment/Materials - BSC 075-466-40700 8,000 - (8,000) BSCC Grant Revenue and Appropriations not needed Net Increase Revenues $ 565,788 Net Increase Expenditures $ 560,959