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HomeMy WebLinkAboutAGMT - Baker Electric & Renewables LLC (On-Call Electrical Maintenance and Repair Services)Re: Conversion of Baker Electric, Inc. to Baker Electric & Renewables LLC Dear Sir or Madam: As you may know, Baker Electric, Inc. is a party to a contract and/or account with you. This letter is to notify you that, effective as of April 8, 2022, Baker Electric, Inc. has converted into a California limited liability company pursuant to California Corporations Code section 1150 et seq. The converted entity name is Baker Electric & Renewables LLC. Pursuant to California Corporations Code section 1158, Baker Electric & Renewables LLC now holds all rights and obligations under our contract and/or account with you. If your contract and/or account with us involves payment to Baker, please make all payments issued on or after April 8, 2022, to "Baker Electric & Renewables LLC' at our same address: 1298 Pacific Oaks Place, Escondido CA 92029. If you have any questions regarding this letter, please do not hesitate to contact us. Thank you for your assistance and cooperation. 1298 Pacific Oaks Place, Escondido, CA 92029 * 760-745-2001 MAINTENANCE SERVICES AGREEMENT for On -Call Electrical Maintenance and Repair Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 (760) 745-2001 This Maintenance Services Agreement ("the Agreement') is made as of December 13, 2021 (the "Effective Date"), by and between Baker Electric, Inc., a California corporation ("Contractor"), 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 electrical maintenance and repair services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals ("RFP") on September 15, 2021, titled "On -Call Electrical Maintenance and Repair Services." Contractor submitted a proposal dated October 8, 2021, in response to the RFP. C. Contractor represents that the principal members of its firm are qualified California licensed contractors License #161756, DIR #1000000466 and are fully qualified to perform the services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Strictly on an on-call basis, Contractor shall provide those electrical maintenance and related repair services (collectively "Services") in the Request for Proposals attached hereto as Exhibit A, and Contractor's Proposal attached hereto as Exhibit B, and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A, Exhibit B, and this Agreement, this Agreement shall control. Given the on-call nature of this Agreement, Contractor acknowledges that there is no guarantee that City shall request any Services hereunder. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake 2of19 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 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 December 13, 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 December 13, 2024 through and including December 13, 2025, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from December 13, 2025 through and including December 13, 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. In consideration of Contractor's performance of the Services set forth in Exhibit A, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will the City pay more than the total not -to -exceed amount of $300,000 (Three Hundred Thousand dollars and 00/100) for the Original Term. 3.2 Payment for any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the fee schedule set forth in 3of19 Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 3.3. In the event that City elects to extend the Original Term in accordance with Section 2.2 of this Agreement, in consideration of Contractor's performance of the Services set forth in Exhibit A City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for Services but in no event will the City pay more than the total not -to -exceed amount of $100,000 (One Hundred Thousand dollars and 00/100) for each extension. Payment for any additional work authorized by City pursuant to Section 1.5 for each extension will be compensated in accordance with the fee schedule set forth in Exhibit B and shall not exceed the cumulative amount established by City at the time of award. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor'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. 4of19 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Nick Jackson is the Contractor's primary representative for purposes of this Agreement. Nick Jackson shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 Attn: Theodore N. Baker 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or. by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the 5' of 19 Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects. pertaining to the Services under this Agreement. 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents 6of19 serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying' employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. 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 10.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Contractor covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, 7of19 discussion, or other information (collectively "Data & Documents") 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. Contractor, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City: City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right, to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Contractor's covenants under this Section shall survive the termination or expiration of this Agreement. 12.0 Ownership of Documents and Work Product 12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Data & Documents shall be considered "works made for hire," and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Contractor shall not obtain or attempt to obtain copyright protection as to any Data & Documents. 12.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer 8of19 software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non - infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, 9of19 whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to; all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 10 of 19 17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds; 17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).. 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 11 of 19 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives all rights of subrogation against City. 17.10. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor's policies do not 12 of 19 comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 17.11'. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Contractor may provide complete, certified copies of all, required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior 'to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City under Section 18.0. 17.13. Broader Coverage/Higher Limits. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Contractor's Duty. 18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as 13 of 19 independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses or injury of any nature whatsoever, in law or equity, to persons or property, including bodily injury, death, personal injury, property damage, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), whether actual, alleged or threatened, which arise out of, pertain to, or relate to any breach of this Agreement and/or the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Contractor shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor'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 Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such 14 of 19 statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Contractor's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non -Discrimination Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 15 of 19 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 16 of 19 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. 27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, 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 Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such 17 of 19 correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget rand within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 31.2. Contractor's Cooperation. In the event any claim or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 32.0 Time of the Essence Time is of the essence in respect to all provisioris of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy 18 of 19 . between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement. shall control. 35.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 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 Atte CONTRACTOR: Baker Electric, Inc., a nia cor n Theodore N. Baker President/Secretary/Director Approved as to Form: By: ig . Steele, City Attorney Brian Miliate Chief Financial Officer e 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.) 19 of 19 EXHIBIT A Request for Proposals for On -Call Electrical Maintenance and Repair Services City of Seal Beach Request for Proposals for On -Call Electrical Maintenance and Repair Services !Fa RFP responses to be received until 2:00 P.M., October 8, 2021 in the Public Works Department ATTN: Iris Lee, City Engineer/Deputy Public Works Director Approved for Advertising: Iris Lee City Engineer Date Issued: September 15, 2021 Table of Contents INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE & COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A — Fee & Cost Proposal EXHIBIT B — Sample Contract xhibit samples removed as part of final agreement. 2 cOW REQUEST FOR PROPOSALS FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES ALL INTERESTED PARTIES MUST REGISTER BY EVMAILING ileeasealbeachca:gov. COMMUNICATION AND ADDENDA, IF ANY, WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA EMAIL PROVIDED. INTRODUCTION The City of Seal Beach ("City") owns and operates municipal facilities and utility infrastructure that are powered by electricity and equipped with motor systems. The City is seeking one or more well-qualified contractors who would be available to provide on-call electrical maintenance and repair services in both emergency and unplanned situations, for an anticipated term of three 3 ears. The Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary as identified in the scope of work. The final agreement amount and term will depend on the quality, diversity, responsiveness of the received proposals, and the future need for emergency and unexpected task work. The scope, work schedule, and fee for repair services will be negotiated on a task -by -task basis. The City reserves the right to not accept the Contractor's scope and fee. Due to the on-call nature of this contract, no work is guaranteed, even if awarded. QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class C10 -Electrical 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 electrical maintenance and repair service. • 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. • Registered with the Department of Industrial Relations. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Familiarity with public sector maintenance and repair contracts. • Adequate availability of key team members. 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 electrical 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 work may include, but is not limited to, complete troubleshooting/evaluating, laying out, installing, repairing, routing/rerouting, replacing, wiring, testing, and inspecting electrical services, electrical wire systems, and components used to provide heat, light, power, air conditioning, refrigeration, pumps, motors in municipal buildings, facilities, and utilities. Services may also include installing and repairing conduits and other materials; connecting electrical machinery equipment, controls, and transmission systems and service other electrical related issues that may arise and services necessary to ensure safe, well maintained electrical systems. Work shall comply with the National Electrical Code, California Mechanical Code, Standard Specifications for Public Works Construction (latest edition, unless otherwise noted), City of Seal Beach standards and provisions, Caltrans Standard Specifications, and any related codes, specifications, standards, policies, and regulations from Agencies Having Jurisdiction (AHJ's). Repair Work Repair Work will require a written cost proposal from the contractor and approval from the City prior to commencing work. Work shall be charged according to the Fee and Cost Proposal. The cost incurred for any materials and parts used by the contractor shall be billed to the City with up to a 15% mark-up. Invoices submitted to the City for payment must include back-up documentation indicating the price charged to the contractor for materials. The hourly rate charged to the City shall be for time spent on the job — driving to and from the job site is not included in that cost. Prior to payment of invoices, contractor must furnish preventative maintenance checklists for each location serviced that clearly identifies the work completed at each site. No additional compensation will be allowed for extraordinary repairs. 4 IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee City Engineer/Deputy Public Works Director Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee@sealbeachca.gov (562) 431-2527 ext. 1322 The City will respond to all questions and requests for clarification received by October 1, 2021. V. SCHEDULE The following dates reflect the anticipated schedule: i ■ Request for Proposal Solicitation 9/15/2021 ■ Pre -Proposal Question Deadline 10/1/2021 ■ Proposal Submittal Deadline 10/8/2021, 2:00p.m. ■ Contractor Interview (if conducted) October 2021 ■ Contract Award by City Council November 2021 ■ Notice to Proceed December 2021 VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 2:00 PM on October 8, 2021 to the following. Postmarks will not be accepted. Iris Lee City Engineer/Deputy Public Works Director City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 ileeCa-sealbeachca.gov (562) 431-2527 ext. 1322 Please submit three (3) 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 5 r ...� ��� f� ct ,✓.su l r//iI erre f 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. 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 List of Subcontractors 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. 0 • Project outcome • Construction and/or contract value • Dates • Client project manager name, valid telephone number, and email List of Subcontractors: Contractor will be required to provide a list of subcontractors that it intends to use. Contractor's license and class, DIR registration, address, phone number, and type of work shall be provided for each subcontractor, at a minimum. Subcontractor must comply with all applicable licensing requirements. Sample Letter Proposal: Contractor will be required to submit a sample letter proposal providing a template of how the Contractor intends to respond to each Work request. Fee & Cost Proposal: Contractors will be required to submit a "Fee & Cost Proposal for On -Call Electrical 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. 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 & COST PROPOSAL In preparing the Fee & Cost Proposal for this project, the Contractor shall take into consideration the following: 1. Unless specially noted, compensation for any services provided will be on a time -and -materials. 2. Fee and cost 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. 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. The City will negotiate the final fee with the top-ranking Contractor(s), if necessary. 7 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 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. Provide as reference the name of at least five (5) agencies the Contractor currently or have previously consulted for in the past five (5) years. 3. Organization & Approach (30 points) a. Contractor's understanding of requested Work b. Contractor's ability to deploy the appropriate resources to promptly meet requested emergency and/or non -emergency Work. c. Contractor's availability to complete both small and large scale services without the compromise of quality, cost, and/or time. d. Contractor's ability to self -perform the requested Work, or form a quality sub -contracting team. e. Contractor's understanding of the nature of public sector work and its decision-making r process. f. Contractor's proposal conforming to the Request for Proposals and Professional Maintenance Agreement. 4. Fee (35 points) a. Fee & Cost proposal b. Quality of sample letter proposal The City reserves the right to determine whether or not a proposal meets the specifications and requirements 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. 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 include a list of sub -contractors with the Proposal, if applicable. A form for this purpose is found herein. 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. i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be M 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. PERSONNEL The Contractor shall use and furnish all labor necessary for the satisfactory performance for the Work set forth in this Agreement. a. Contractor's Staff The Contractor shall require each of his/her employees to adhere to basic standards of working attire and other gear required by State Safety Regulations, and proper wearing of clothing. b. Typical Tasks Contractor shall supply staff with the necessary skills to perform duties in connection with electrical maintenance and repair services. c. Licenses Contractor shall possess a valid Contractor's "C-10" 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. d. Knowledge and Abilities The Contractor's representative shall have a general knowledge of the electrical maintenance and repair industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the Work set forth in this Agreement. a. Vehicle and Equipment Maintenance All vehicles and 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. b. Storage of Equipment 10 r 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 staff performing the Work. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled Work. Foremen shall have a minimum of five (5) years of experience in the utility maintenance and repair field. METHOD OF WORK The electrical maintenance and repair work shall involve all work necessary to complete the work in place. 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. Where applicable, 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, applicable Building Codes, Equipment Manufactures specifications, and other governing bodies or Agencies Having Jurisdiction (AHJ's). 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 tolhe 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. After removal operations have been completed, the grounds shall be left in a neat, safe, and presentable condition, to the satisfaction of the City. 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. 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 Work Area Traffic Control Handbook (WATCH Manual). Payment for traffic control shall 'be included in the various items in the cost proposal. 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 11 02_5_ZAIA! !/ F11011" 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. PROTECTION OF EXISTING UTILITIES The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hour notice. Such requests should be requested through USA (1-800-422-4133). 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. AUTHORIZATION OF WORK Unless otherwise noted as an emergency, 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 three (3) 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: • A detailed description of the Work to be provided; • The estimated number of hours, by task, and cost to complete the'Work; and 12 • 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 or notice to proceed. PROGRESS 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 WORK 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 the referenced specification, and if applicable, accepted. BILLING 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 13 0 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. WITHHOLDING OF PAYMENT If, in the event that deficiencies are determined by City, the Contractor will have 24 hours from the time of notification to remedy said deficiency. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due for Work not performed will be based upon the cost worksheets, which are to be submitted at the time of submittal of the Letter Proposal plus mark-up. XI. GENERAL CONDITIONS A. Signature The Letter 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 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 14 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 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 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 proposal. 15 EXHIBIT B Contractor's Proposal faker Electric Established 1938 City of Seal Beach Public Works 221 Eighth Street Seal Beach, CA 90740 Response to Request for Proposals On -Call Electrical Maintenance and Repair Services October 8, 2021 Provided by: Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 1113aker Electric - EStabllshed 1936 COVER LETTER City of Seal Beach Public Works Department 211 8t' Street Seal Beach, CA 90740 Iris Lee, ilee@sealbeachca.gov City Engineer 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax Baker Electric, Inc. is please to submit a comprehensive proposal, covering all aspects of the City of Seal Beach Request for Proposals for On -Call Electrical Maintenance and Repair Services. With years of experience of Preventative Maintenance contracts serving a multitude of different sectors, Baker Electric is prepared to service the City of Seal Beach throughout the term of the contract. Baker Electric, Inc. is interested this RFP because we are uniquely qualified to perform this service for the City of Seal Beach. Baker has performed very similar work for several clients that are similar in nature (City, County and State Government entities) and in similar Facilities with positive results. Our technical ability paired with solid Engineering Partners, both with a very strong commitment to Safety and Quality are why Baker feels uniquely qualified and very much interested in becoming the City's trusted partner on this Program. Baker Electric has reviewed and understands all elements of this proposal. Based on our experience, we are confident we can provide the City of Seal Beach a complete solution for your Preventative Maintenance, Inspections, Testing and Reporting requirements. Baker has performed work for the City of Seal Beach in the past, and has knowledge of the City's standards, provisions, and practices. Baker Electric takes an overall pro -active approach in providing timely response to service calls. We have a same day policy for addressing service calls and setting appointments. In addition, we provide 24/7 service to our customers when the need arises. After-hours calls are routed to an appropriate manager for review of the problem with the customer and dispatching of a capable, qualified electrician to resolve the problem. Baker Electric Contacts regarding this Proposal: Nick Jackson, Service Operations Manager njackson@baker-electric.com m: 760.310.6642 Derek Edd, Area General Foreman dedd@baker-electric.com m: 760.703.4465 Morgan Betzenderfer, Preconstruction Coordinator mbetzenderfer@baker-electric.com d: 760.690.5016 m: 760.522.9288 www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DI R# 1000000466 1 of 26 akar Electric - Estabtlshed 1938 TABLE OF CONTENTS 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax COVERLETTER --------- ------- —------ ------------------------------------------------------------ 1 TABLEOF CONTENTS-------------------------------------------------------------------------------- 2 COMPANY QUALIFICATIONS---------_—_-------------------------------------------- -------------- --- 3 LOCAL STAFFING LIST-------------------------------------------------------------------------------- 5 UNDERSTANDING/APPROACH------- —---------- —--- ------------------------------------------- ---------- 6 REFERENCES-----------------------------------------------------------------------=------------------- 7 LIST OF SUBCONTRACTORS------------------------------------------------------------------------ 8 SAMPLE LETTER PROPOSAL--------------------------------------------------------------------------- 9 COSTPROPOSAL------------------------------------------------------------------------------------ 14 EXCEPTIONS------------------------------------------------------------------------------------------- 18 BUSINESSENTITY------------------------------------------------------------------------------ 18 DIR REGISTRATION NUMBER/CONTRACTOR'S LICENSE --------- —-------------- —------- ------ ------- ---. 18 CONTRACT SIGNATORIES -------- —------- —--- ------------ ----___----------------------------------- 22 www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 2 of 26 1113aker Electric f 1938 COMPANY QUALIFICATIONS 1298 -Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax Baker Electric has been in business since 1938 and is a fourth generation, full service Electrical Contractor. We have completed multi -million -dollar contracts throughout Southern California, acting as both prime and subcontractor. Our project portfolio includes Commercial, Industrial, Military, _Hospitality, Government, Multi -Family, Institutional and Education sectors. Baker Electric has extensive experience in the planning, coordination, and project management of major projects with critical schedules. In addition, we have been providing on-going electrical maintenance and electrical services to several major customers, counties, and cities throughout Southern California. We have the ability to handle any size project and any installation, through our Construction, Service, Controls, Solar and Energy Divisions. Under our B -General, C10 -Electrical, C7 Electrical (Low Voltage) and C46 -Solar California Contractor Licenses,we can provide the City a complete turn -key solution for all energy and electrical related projects from conception through design/build to final project completion and any required follow-up maintenance. Baker Electric employs multiple team members with State of California Electrical Professional Engineering Licenses. We also have several NCSCB Certified Medium Voltage Cable Splicers as well as a large fleet service vehicles. All our IBEW Field personnel attend a rigorous Electrical Safety training program that includes OSHA 30, NFPA 70E, 1 st Aid/CPR with annual refresher trainings on all subjects. Lastly, we have several Certified Infrared Thermography technicians on our Field team. We also maintain partnerships with consulting engineers, NICET and NETA certified Electrical Testing Companies, and electrical manufacturer field service organizations throughout Southern California. Since 2014, Baker Electric has performed the following work for the City of Seal Beach: Seal Beach B 203 Fire Station Renovation Seal Beach Fire Station Tennis Bathroom Lights Pier Lighting Police Body Cam City Hall HVAC 8TH St Pump Station ER www.Baker-Electric.com I - LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 1113aker,,1,11_: Electric ­1 Established 1938 COMPANY PROFILE Powering Southern California for 80+ Years Baker Electric has been in business since 1938 and is a fourth generation, full service electrical contractor. We have successfully completed projects throughout Southern California, acting as both a prime contractor and subcontractor. Baker's successful 83 year history is a confirmation of our mandate for excellence. From design/build and pre -construction to our comprehensive portfolio of electrical contracting and renewable energy services, Baker meets and exceeds our customers' needs in the ever-changing and demanding construction environment. Company Name Baker Electric, Inc. Corporate Headquarters Address 1298 Pacific Oaks Place Escondido, CA 92029 Satellite Offices 1285 Old Temescal Road, Suite 250 Corona, CA 92881 3600 Katella Avenue Cypress, CA 90703 Legal Form of Company S Corporation - California - C0305677 Year Established: 1938 Year Incorporated: 1955 Applicable Licenses & Registrations State Contractor's License Number 161756 Expiration: 08/31/2023 C-1 0 /A / B / C-46 / C-7 DIR Registration 1000000466 Expiration: 06/30/2022 • Serving Southern California since 1938 • 2019 Revenue in excess of $230 million • $75 million single project bonding capacity • $250 million aggregate bonding capacity • Single largest electrical project: $37.5 million • Over 200 Office Staff divided between multiple office locations • Over 800 Field Staff divided between multiple offices and many different job sites SERVING ALL CONSTRUCTION MARKET SECTORS • Industrial • Utility • Commercial • EV Charging Stations • Healthcare • Utility Scale Sular • Public Works • Commercial Solar • Education • Controls • Multi -Family • Service 4 of 26 1�13aker Electric J - EstabUshe1938 LOCAL STAFFING LIST 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax Baker proposes the key personnel listed below, along with their responsibilities, to perform electrical services pertaining to this RFP. Provided below, is an organizational chart to depict the collaboration and hierarchy of Baker Electric, Inc within the Service and Special Projects group. Nick Jackson: Service Operations Manager Authorized to negotiate the contract on behalf of Baker and Baker's project manager Overall Project management Customer Project Management Communications Coordination with Field Operations through project close-out Management of all Subcontractors that may be engaged on a project Training and support of Service Management Team Bill Roland: Director of Field Operations Responsible for all Field Operations related to Project Coordination of Subs with Project Manager Field Input related to creation of Baker response to any RFI's Assignment of Field Personnel to Project upon award Site Management/Safety Derek Edd: Area General Foreman Responsible for on-site communications with site foreman Supervision and Technical Support for Foreman Supervision of all assigned personnel to projects under them Mike Yount: General Foreman Responsible for all site work 5 of 26 1�13aker Electric - E'stabllshed 7938 UNDERSTANDING/APPROACH 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax Baker Electric understands that the work to be done consists of furnishing labor, supervision; methods of process, implements, tools, machinery, safety equipment, traffic controls, materials and proper licensing required to identify, list and perform electrical maintenance and repair services in those areas designated by the City on an emergency or unexpected task basis. We are prepared to support various requests and understand that there is no guarantee that work will be assigned. We expect the work to include troubleshooting/evaluating, laying out, installing, repairing, routing/rerouting, replacing, wiring, testing, and inspecting electrical services, electrical wire systems, and components used to provide heat, light, power, air conditioning, refrigeration, pumps, motors in municipal buildings, facilities, and utilities. We are also prepared to install and repair conduits and other materials; connect electrical machinery equipment, controls and transmission systems and service other electrical related issues that may arise and services necessary to ensure safe, well maintained electrical systems. All of Baker's work will comply with the National Electrical Code, California Mechanical Code, Standard Specifications for Public Works Construction (latest edition, unless otherwise noted), City of Seal Beach standards and provisions, Caltrans Standard Specifications, and any related codes, specifications, standards, policies, and regulations from Agencies Having Jurisdictions (AHJ's). Repair work will be quoted separately and approval from the City is required prior to commencing work. Work shall be charged according to the Fee and Cost Proposal. www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 6of26 U13aker Electric 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax REFERENCES PROJECT #1 Name: On -Call Medium Voltage Electrical Repair and Emergency Response Owner: Coachella Valley Water District 51501 Tyler St. Coachella, CA 92236 Contact: Miguel Navarro, System Electrical Supervisor (760) 398-265111 mnavarro@cvwd.org Scope: This project involves performing the maintenance, repair, and emergency response services for the medium voltage electrical equipment switchgear, switchboards, motor control equipment, distribution and transformers at two CVWD sites. Contract: August 2018 — July 2020, 1 year extension to June 2021 PROJECT #2 Name: General Facility Electrical and Motor Control Services Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Jay Kleinheinz, WasteWater Supervisor (714) 536-5431 // jkleinheinz@surfcity-hb.org Scope: Scheduled electrical equipment maintenance for MCC and auxiliary equipment used at 27 sewer lift stations located throughout the city. On -Call emergency response. On -Call non -emergency electrical equipment services and repair for entire lift station infrastructure. New equipment installations and replacements to include anything from the utility service panel through the MCC and control systems. Contract: Active contract, began April 2018 PROJECT #3 Name: WRD On -Call Instrumentation and Electrical Maintenance Support Services Owner: Water Replenishment District of Southern California 4040 Paramount Boulevard Lakewood, CA 90712 Contact: Jessica Koop, Engineer (562) 275 - 4219 // ikoop(aD_wrd.org Scope: A three year contract to provide on-call instrumentation and electrical maintenance services to deliver Capital Improvement, R&R, and Operations Support projects in a cost efficient and effective manner. Task order projects are located at many different sites throughout the District. Scope includes but is not limited to; instrumentation, calibration, installation/replacement of electrical equipment and gear, lighting/control systems, mechanical, and routine preventative equipment maintenance. Contract: May 2020 — May 2022 www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 7 of 26 1113aker Electric E'sta68sied 1938 Ud6a1:106" ! 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax Name: On -Call Electrical Systems Maintenance, Repair, Installation, & Alteration Owner, Superior Court of California, County of Orange 700 W. Civic Center Drive Santa Ana, CA 92701 Contact: Tom Sundvold, Facilities Services Officer (714) 264-9395 // tsundvold@occourts.org Scope: Since 2014 Baker Electric has been under a contract with OC Central Justice Center where Baker provides Annual Preventative Maintenance on all electrical distribution for the site. Baker Electric, Inc. is also the "On Call" service provider responding to any electrical outages that may incur. The Maintenance Agreement includes 4160V electrical switchgear maintenance, transformer maintenance, testing, lighting, tenant improvement projects and other electrical maintenance services. Contract: November 2017 — October 2022 PROJECT #5 Name: High Voltage Equipment Maintenance Owner: County of Orange, John Wayne Airport 3160 Air Way Avenue Costa Mesa, CA 92626 Contact: Gene Duenas — Procurement Manager (949) 252-5231 // gduenas@ocair.com Scope: Baker Electric has been contracted on multi-year maintenance agreement with John Wayne Airport in Orange County since 2016. The scope includes but is not limited to maintenance, repairs, alterations and installations for Electrical systems County wide. A brief overview of maintenance examples of possible requirements includes power supply feeders, switch gear, MCC panels, distribution panels, sub panels and transformers. Baker may be responsible for adding and/or changing out circuit breakers, disconnect switches buss bars and all internal wiring within distribution panels depending on the condition or needs of the assignment. Adding, maintaining, or repairing lighting and replacing lighting ballasts, tombstones or other parts as required to render the specified fixtures functionality. Contract: April 2016 — March 2020 LIST OF SUBCONTRACTORS Baker is actively vetting traffic control subcontractors and maintains many relationships with local NETA electrical testing firms. Baker will work with the City of Seal Beach to engage the proper testing firm on a per project basis. www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 8 of 26 1�13aker Electric � Fstah9shed 7938 SAMPLE LETTER PROPOSAL Please see the attached Sample Letter Proposal. www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 9 of 26 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax 1l13aker Electric 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax Friday, October 08, 2021 BTW: (Number) City of Seal Beach Dept of Public Works Seal Beach, CA 90740 Attention: Iris Lee Insert Letter Proposal Name here: I ris, Thank you for this opportunity to bid on this scope of work, and we look forward to working with you. We propose to furnish labor, materials, and equipment to perform the electrical work on the above referenced project for the amount shown below. This proposal is based on the scope of work shown on the drawings, specifications and the following clarifications/exclusions listed below. This proposal is contingent upon contract terms and conditions being acceptable to Baker Electric, Inc.. Electrical Scope: (Enter scope here) Proposed Schedule: (List All) Base Bid $' Estimated Hours: ,(Enter hours associated with SOW here) Clarifications: (only those that are necessary would be included in the Letter Proposal) 1. This bid is based on the use of approved industry standard materials and methods. 2. Proposal is based upon a concurrent construction schedule with no delays. 3. Baker Electric's bond rate is not included in the above pricing. 4. Standard lead-times apply; no expediting of manufacturing or delivery has been included in this proposal. 5. This bid assumes that the Utility scope is as shown on sheet Electrical plans. We have requested the utility company's approved plans, and they were not available to coordinate these drawings. If any changes are needed per the documents once they are available, the cost impacts will need to be reviewed before moving forward. 6. Pricing is based on lay -down for tools, equipment and material being in the immediate area. 7. This bid assumes that there is sufficient parking for our crew. www.Baker-Electric.com Page 1 of 4 LIC# 161756 B C10 C46 / DIR# 1000000466 10 of 26 1113aker Electric - Established 1938 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax 8. This bid assumes that others will supply the Mobile Containment Units for us to access the area above the t -grid ceiling to install our work in the areas outside of the GC's infectious control. 9. This bid assumes that other will do the ICRA and ACWP needed for access to the work areas outside of the GC's infectious control area. 10. This bid is based on Baker doing all the testing, and no 3 d party testing is included. 11. Pricing is based on Baker having control of means and methods as it relates to maintaining the pricing above. 12. Pricing is based on providing safe -off only for electrical devices and equipment to be removed under the demolition scope of work. Removal, salvage or storage of any equipment/materials is by others. 13. Pricing is based on both existing SDG&E services being in good working order, we will review and provide an evaluation of existing to remain to GC for owner and SDG&E. 14. Pricing is based on the fixtures being able to be delivered into the areas where they will be installed. 15. This bid assumes that we will have access to the work are during normal business hours. 16. It is presumed that the existing electrical service/equipment can accept any/all of the added electrical equipment/demand, and that all existing equipment is in good working conditions to accept the alterations per the above scope of work. 17. This bid assumes that we may utilize the existing materials (conduits, wire and racks) as possible 18. This bid assumes that sufficient access to the work area, and the use of the loading dock and freight elevators will be provided to get the equipment in and out of the building and to the roof. 19. This bid assumes that the building facilities personnel will put the critical building systems into bypass/test mode as needed for this scope of work and handles any systems that may need to be addressed during this time. 20. This bid assumes that the staff facilities will be available during this time to assist access to the site, and during the commissioning process. 21. This bid includes a 1 -year warranty on all work from Baker Electric. Exclusions: (only those that are necessary would be included in the Letter Proposal) 1. Unforeseen conditions. 2. Generator Fuel (except for testing required by contract). 3. Air quality permit fees and compliance are excluded. Local air quality authorities may require a health risk study or environmental quality assessment. The cost for a health risk study is excluded. 4. Additional equipment required as a result of the Air Quality Management District (AQMD or APCD) permit application will be quoted separately. These requirements are ever changing and vary based on jobsite location. 5. Cost for engineering soil testing and dewatering operations. 6. The cost for breaking and removing any rock or existing structures requiring mechanical pulverizing equipment to achieve required depth for placement of substructures. This cost will be presented as a change order before the work is done. 7. Temp Power and Lighting (Adder can be given at your request). 8. Painting panel covers to match walls (we will supply the standard grey covers). www.Baker-Electric.com Page 2 of 4 LIC# 161756 B C10 C46 / DIR# 1000000466 11 of 26 1113aker Electric - Established 7938 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax 9. Premium portion of overtime. 10. Hazardous material survey or removal and disposal of any hazardous materials. 11. All saw cutting, patch back, painting, barricades and fencing for all exterior hardscape/landscape (of all concrete or asphalt). 12. Concrete pads and any formed/poured in place concrete. 13. Street lighting or Pedestrian Street lighting systems outside of plans noted above. 14. Fixture/Ceiling support wire supply and install by others. 15. Construction water. 16. All mechanical controls (regardless of voltage) wiring and equipment. 17. Liquidated damages. 18. Owner certified insurance programs. 19. Payment and performance bond. 20. Field cutting, coring, patching, painting and coatings for all exterior surfaces. 21. Cutting, coring, patching and painting for all interior surfaces. 22. Access panels. 23. Job site security. 24. Dumpster fees and removal/disposal of demolished debris. 25. Added exit signs that are not shown and may be needed per code. 26. Design and engineering fees. 27. Ceiling tile removal, replacement, or repair. 28. All lighting diffuser panels that are not a part of the light fixture. 29. Electrical Permits (OSHPD). 30. Spare materials (lamps, lenses, circuit breakers, etc.) not called out in specs or on plans. 31. Re -supporting of all non -code compliant wiring or conduits not associated with scope noted above. 32. City and regulatory permits and fees. 33. Any work in asbestos or lead contaminated environments or work requiring containment areas and/or special containment clothing / protection suits. 34. Infectious control barriers. 35. Seismic Bracing to existing conduits. 36. Seismic Engineering to existing conduits. 37. Supply and installation of any ceiling fans. 38. Supply, installation and testing of any solar -voltaic systems or provisions for any solar -voltaic systems. 39. Supply, installation and testing of emergency phone system. 40. Demolition (we will safe -off only). 41. Garbage disposal by others. We will provide power and switch only. 42. Utility fees. 43. Surveying, layout, and staking. 44. Concrete pole bases precast or case in place. 45. Pole or concrete bollards. 46. Offsite spoils removal (spoils will be stockpiled on site next to trenches). 47. Traffic control, including permits and fees. www.Baker-Electric.com Page 3 of 4 LIC# 161756 B C10 C46 / DIR# 1000000466 12 of 26 1113aker Electric - Estabffshed 1938 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax 48. All costs associated with the permitting, designing or implementing the SWPPP including fines and penalties. 49. Electrical connection to items FBO unless shown on the electrical drawings. 50. Permits for site lighting. 51. Noise permits. 52. Street improvements such as traffic signals, streetlights or site lighting. 53. No power to VAV or VAT is provided (assuming a low -voltage control system by others). 54. Working in energized electrical gear, or on energized electrical devices. 55. Commissioning. 56. Sealing of exterior roof and wall penetrations, which is further defined to exclude all flashings, waterproofing, roofing, acoustical sealants, removal and replacement of roof walk pads and any incidental work associated with the sealing of exterior roof and wall penetrations. 57. Any structural or,drywall work needed for backing to install the new electrical scope. 58. Crane picks, crane rentals. 59. Any work other than what is specifically mentioned in the plans noted above. Please call me at (760-310-6642) if there are any questions regarding this proposal. This quotation is valid for (30) days from the date of proposal, and any modifications or amendments to this document must be in writing. Sincerely, Nick Jackson PE Operations Manager - Service Baker Electric, Inc. / Cell (760) 310-6642 www.Baker-Electric.com Page 4 of 4 LIC# 161756 B C10 C46 / DIR# 1000000466 13 of 26 D 13aker Electric - FNahOshed 1938 FEE & COST PROPOSAL Please see the attached Fee & Cost Proposal. www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 14 of 26 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax FEE & COST PROPOSAL FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES (additional labor/equipment/material rates may be added/clarified with a separate attachment) MOBILIZATION COST (Normal Working Hours) $360 /TASK ORDER MOBILIZATION COST (Non -Working Hours) $600 /TASK ORDER MINIMUM CALL UU I (in dollars orhours, if applicable) NA NO. DESCRIPTION STANDARD OVERTIME DOUBLE TIME Ll Electrician $ 153 $ 202 $ 252 L2 Journeyman $ 141 $ 191 $ 240 L3 Helper/Apprentice (non -Journeyman) $ 100 $ 142 $ 184 L4 Medium Voltage Technician $177 $234 $292 L5 L6 L7 17 � M�S-- 0--1 EQUIPMENT NO. DESCRIPTION UNIT PRICE E1 NA $ E2 Material $ E3 Equipment $ E4 Subcontractor $ E5 Labor $ MARK-UP FOR ITEMS NOT NOTED ABOVE ADJUSTMENTS - Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 18 PERCENTAGE NO. DESCRIPTION M1 Material 20 M2 Equipment 20 % Subcontractor 20 M3 Labor ADJUSTMENTS - Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 18 113aker Electric • Standard Hourly rates apply for Service Work performed between the hours of 7:00 a.m. and 3:30 p.m. Monday through Friday. • Over -time Hourly rates apply for Service work performed between the hours of 3:30 p.m. and 7:30 p.m. Monday through Friday and Saturday from 7:00 a.m. to 3:30 p.m. • Double-time rates will apply to all hours worked outside of the above referenced time frames and after 3:30 p.m. emergency call outs. • All work on Equipment that is rated 600V and higher will require Med Voltage Tech. • Subcontractors, Rental/Special Equipment and Material is 20% mark-up • All Service Calls will be manned with at least (1) Foreman or more senior personnel. • Labor rates will increase by 5% on the anniversary of the contract date. • Baker Electric owns a significant amount of construction, repair, and electrical testing equipment. The cost of this equipment is included in our hourly rate. We do charge extra for special rental equipment like scissor lifts, bucket trucks, saw cutting, forklifts, articulating boom lifts, etc. because this equipment is only required on a case by case basis. 1298 Pacific Oaks Place • Escondido, CA 92029 • (760) 745-2001 Fax: (760) 745-0321 1�13aker Electric - Fstabllshed 1938 EXCEPTIONS Baker does not intend on taking exceptions at this time. BUSINESS ENTITY Baker Electric, Inc. is a California Corporation. DIR REGISTRATION/CONTRACTOR'S LICENSE Please see the attached proof of DIR and CSLB licenses. www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 18 of 26 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax Contractor Information Legal Entity Name BAKER ELECTRIC, INC Legal Entity Type Corporation Status Active Registration Number 1000000466 Registration effective date 7/1/2019 Registration expiration date 6/30/2022 Mailing Address 1298 PACIFIC OAKS PLACE ESCONDIDO 92029 CA... Physical Address 1298 PACIFIC OAKS PLACE ESCONDIDO 92029 CA... Email Address Trade Name/DBA License Number(s) CSLB:161756 Legal Entity Information Corporation Number: 95-1853701 Federal Employment Identification Number: President Name: TED BAKER Vice President Name: BRIAN MILIATE Treasurer Name: MARK BAKER Secretary Name: TED BAKER CEO Name: TED BAKER Registration History Effective Date Expiration Date 5/8/2018 6/30/2019 5/11/2017 6/30/2018 5/12/2016 6/30/2017 6/5/2015 6/30/2016 7/18/2014 6/30/2015 7/1/2019 6/30/2022 Agent of Service Name: FINCH Agent of Service Mailing Address: 4747 EXECUTIVE DR. SUITE 700 SAN DIEGO 92121 CA United States of America Workers Compensation 19 of 26 I Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO InformationPEO PEO PEO Name Phone Email Insured by Carrier Policy Holder Name:BAKER ELECTRIC, INCInsurance Carrier: OLD REPUBLIC GENERAL INSURANCE CORPORATION Policy Number:MWC3125520 Inception date:9/30/2015Expiration Date:2/28/2021 20 of 26 CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE , .-..,..161766 -,-,,CORP .--. BAKER ELECTRIC INC ct..9kawmO C 10 C46 B C-7 A m9wrM 6. . .08/31/2023 vwvw.csib.ca.gov 21 of 26 Baker Electric - Established 1938 CONTRACT SIGNATORIES Please see the attached corporate bylaws for Baker's signing authorities. www.Baker-Electric.com LIC# 161756 A B C7 C10 C46 / DIR# 1000000466 22 of 26 1298 Pacific Oaks Place Escondido, CA 92029 760.745.2001 Tel 760.745.3610 Fax ACTIONS TAKEN WITHOUT A MEETING BY DIRECTORS OF BAKER ELECTRIC, INC. The undersigned, being all the Directors of BAKER ELECTRIC, INC., a duly organized and existing California ("Corporation"), acting pursuant to Sections 307(b) of the California General Corporation Law and the Bylaws of the Corporation, now in full force and effect, do hereby consent to, adopt, ratify and approve the following resolutions with the same effect as if duly adopted at a meeting of the Corporation's Board of Directors, and direct the Secretary of the Corporation to place a copy hereof in the Corporation's book of minutes: WHEREAS, it is necessary and desirable to authorize specific persons to execute bid submittals on behalf of the Corporation, and to have such persons provide a sample of their true and genuine signature; it is RESOLVED, that the following persons are authorized to execute Bid Submittals on behalf of the Corporation: Name Theodore N. Baker Kent N. Baker Brian L. Miliate Keith T. Fleming Scott D. Williams Justen T. Decker 23 of 26 Signature RESOLVED, that the following persons are authorized to execute Pre -Qualifications on behalf of the Corporation: Name Theodore N. Baker Kent N. Baker Brian L. Miliate Keith T. Fleming Scott D. Williams Justen T. Decker Signature RESOLVED, that the following persons are authorized to execute Bid Bonds on behalf of the Corporation: Name Theodore N. Baker Kent N. Baker Brian L. Miliate Keith T. Fleming Justen. T. Decker Scott D. Williams Signature RESOLVED, that the following persons are authorized to execute Payment and Performance Bonds on behalf of the Corporation: Name Theodore N. Baker 24 of 26 Signature Kent N. Baker Brian L. Miliate ........... ........ RESOLVED, that the following persons are authorized to execute Contracts on behalf of the Corporation: Name Theodore N. Baker Kent N. Baker Brian L. Miliate Keith T. Fleming Scott D. Williams Justen T. Decker Signature J IN WITNESS WHEREOF, the undersigned, being all the Directors of BAKER ELECTRIC, INC., have executed this Action Taken Without a Meeting effective as of September, 2021 DIRECTORS: TT eoeN. ak�ctor _ 7)1a 14 50io, Mark N. Baker, Director 25 of 26 /e-n�tN. a cer, Director CERTIFICATE OF SECRETARY OF BAKER ELECTRIC, INC. THE UNDERSIGNED HEREBY CERTIFIES as follows: 1. The undersigned is the duly elected, qualified and acting Secretary of Baker Electric, Inc., a California corporation (the "Corporation"). 2. The Corporation filed its Articles of Incorporation with the Secretary of State of the State of California on July 1, 1955 and is a duly organized and existing California corporation. 3. Attached hereto as Exhibit A isa true, complete. and accurate .copy of the resolutions adopted by unanimous written consent of the board of directors authorizingspecific persons to execute Bid Submittals, Pre Qualifications, Bid Bonds, Payment and Performance Bonds, and Contracts on behalf of the Corporation. The signature provided by each authorized person is his true and genuine signature. Such resolutions have not been amended, modified, revoked or repealed in any manner whatsoever and are in full ,force and effect on the date hereof. IN WITNESS WHEREOF, we have executed this Certificate as of theday of September, 2021 1 Name: Theodore N. Baker Title: Secretary The undersigned, being the duly elected President of the Corporation, hereby certifies that Theodore N. Baker is the duly elected, qualified and acting Secretary of the Corporation.and.that the signature set forth above is his true and genuine signature. Name: Theodore N. Baker Title: Secretary 26 of 26 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. RESOLUTION 7223 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE MAINTENANCE SERVICES AGREEMENTS WITH LEED ELECTRIC, INC. AND BAKER ELECTRIC, INC. FOR ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES WHEREAS, the City of Seal Beach (City) desires to retain a selected number of contractors to provide on-call electrical maintenance and repair services in both emergency and unplanned situations; and, WHEREAS, on September 15, 2021, the City issued a Request for Proposals for On - Call Electrical Maintenance and Repair Services; and, WHEREAS, on October 8, 2021, the City received three (3) 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: c LEED Electric, Inc. • Baker Electric, Inc. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. A. The City Council hereby awards a three (3) year Maintenance Services Agreement (Agreement) to LEED Electric, Inc. for On -Call Electrical 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 LEED Electric, 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 Maintenance Services Agreement (Agreement) to Baker Electric, Inc. for On -Call Electrical 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 Baker Electric, 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 13th day of December, 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa Council Members: None Council Members: None Council Members: None Joe almick, Mayor ATTEST: "1, 4 Gloria D t r, 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 7223 on file in the office of the City CleN passed, approved, and adopted by the City Council at a regular meeting held on thell 8th dav,of December 2021. D. H;(fper,-City Clerk rliPntO- SR417R4 BAKFRFLFCT ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD/YYY1) 12/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLCPHONE Marsh & McLennan Ins. Agency LLC CONTACT Jill Briggs AIC, No, Ext 858-550-1148 FAX No E-MAIL ADDRESS: ConstructioncertsC�marshmma.com PO Box 85638 INSURER(S) AFFORDING COVERAGE NAIC # San Diego, CA 92186 INSURER A: Old Republic Insurance Company 24147 INSURED Baker Electric, Inc. NB Baker Electric, Inc. 1298 Pacific Oaks Place INSURER B: INSURERC: INSURER D GENERAL AGGREGATE 52,000,000 Escondido, CA 92029 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDL INSR SUBR WVD POLICY NUMB ER POLICY EFF MIDD POLICY EXP D LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X X MWZY31255421 D310112021 0310112022 EACH OCCURRENCE S1,000,000 PREMISES Ea occuErrence 5500,000 MED EXP (Any one person) S10,000 PERSONAL & ADV INJURY S1,000,000 LAGGREGATELIMITAPPLIESPER: PRO- POLICY� JECT LOC r'OTHER: GENERAL AGGREGATE 52,000,000 PRODUCTS-COMP/OPAGG s2,000,000 S • AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOSHIRED NON -OWNED AUTOS ONLY X AUTOS ONLY IX X X MWTB31255321 3/01/2021 03/01/202 IS51,000,000 Ea aBcideDINGLE LIMIT BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S Per id entt S UMBRELLA LIABOCCUR EXCESS LIAB HCLAIMS-MADE EACH OCCURRENCE S AGGREGATE $ DED RETENTION S S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECU111 N I OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X MWC31255521 3/01/2021 03/01/202 ER OTH- X PSTATUTE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SEAL BEACH are included as additional insured with respects to General Liability and Auto Liability per attached endorsements. Waiver of Subrogation applies to General Liability, Auto Liability, and Workers Compensation per attached endorsements. Coverage is primary and noncontributory per attached endorsements. Cit of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 Eighth Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740-0000 AUTHORIZED REPRESENTATIVE C9 1966-2015 AGURD cUHPURA I IUIV. All rlgnLS reserveo. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S9011396/M8048959 WSRYB INSURED: Baker Electric, Inc. POLICY #: MWTB31255321 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Baker Electric, Inc. Endorsement Effective Date: 03/01/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): All persons or organizations as required by written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY #: MWTB31255321 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Baker Electric, Inc. Endorsement Effective Date: 03/01/2021 SCHEDULE Name Of Person(s) Or Organization (s): M persons or organizations as required by written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. j Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 N INSURED: Baker Electric, Inc. POLICY #: MWZY31255421 POLICY PERIOD: 03/01/2021 TO:03/01/2022 COMMERCIAL GENERAL LIABILITY CG 20 01 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY* MWZY31255421 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations when required by written All Locations contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 ©insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 INSURED: Baker Electric, Inc. POLICY #: MWZY31255421 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 COMMERCIAL GENERAL LIABILITY CG 20 37 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations when required by written All completed operations contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated- and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the. additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY* MWZY31255421 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 COMMERCIAL GENERAL LIABILITY CG 24 5312 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 24 53 12 19 ©'Insurance Services Office, Inc., 2018 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY #: MWC31255521 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION AS REQUIRED BY WRITTEN CONTRACT TO THE EXTENT ALLOWABLE BY LAW. ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual ©1999. INSURED: Baker Electric, Inc. POLICY#: MWTB31255321 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 4911 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY* MWC31255521 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 OLD REPUBLIC INSURANCE COMPANY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY NOTICE OF CANCELATION TO CERTIFICATE HOLDERS ENDORSEMENT This endorsement modifies the notice of cancelation of insurance provided hereunder by adding the following: A. In the event this policy is canceled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancelation to certificate holders set out in the schedule on file with the Company, after notifying the Insured first named in item 1 of the Information Page of such cancelation. Notice of cancelation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancelation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancelation date, nor negate cancelation of the policy. All other terms and conditions of this policy remain unchanged. WC 99 03 64 (03/11) Page 1 of 1 INSURED: Baker Electric, Inc. POLICY#: MWTB31255321 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This endorsement modifies the notice of cancellation of insurance provided hereunder by adding the following: A. In the event this policy is cancelled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancellation to certificate holders set out in the schedule on file with the Company, after notifying the first Named Insured of such cancellation. Notice of cancellation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancellation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancellation date, nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. PIL 029 10 10 INSURED: Baker Electric, Inc. POLICY #: MWZY31255421 POLICY PERIOD: 03/01/2021 TO: 03/01/2022 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This endorsement modifies the notice of cancellation of insurance provided hereunder by adding the following: A. In the event this policy is cancelled for any permissible reason, other than for nonpayment of premium, we shall endeavor to provide advance written notice of cancellation to certificate holders set out in the schedule on file with the Company, after notifying the first Named Insured of such cancellation. Notice of cancellation to certificate holders may be made by any commercially reasonable means, including mail, electronic mail, facsimile transmission or courier service. B. This advance written notification of a cancellation of coverage is intended as a courtesy only. Our failure to provide such advance written notification will not extend the policy cancellation date, nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. PIL 029 10 10