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AGMT - Downstream Services Inc (SCADA System Antenna Pole Installation CIP WT1801)
PROFESSIONAL SERVICES AGREEMENT for SCADA System Antenna Pole Installation CIP WTI 801 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Downstream Services, Inc. 2855 Progress Place Escondido, CA 92029 (760) 746-2544 This Professional Service Agreement ("the Agreement') is made as of May 23, 2022 (the "Effective Date"), by and between Downstream Services, Inc. ("Contractor"), a California corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional SCADA pole installation services B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued Request for Proposals ("RFP") on April 4, 2022, titled "SCADA System Antenna Pole Installation." Contractor submitted a Proposal in the amount of $133,671.00, dated April 26, 2022, in response to the RFP. C. Contractor represents that the principal members of its firm are qualified professional contractors 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. Contractor shall provide those services (collectively "Services") set forth in the Request for Proposals attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and 2of19 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 in accordance with Section 3.0. 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 sixty (60) working days from the Notice to Proceed ("Term"), or until October 30, 2022, whichever occurs first, unless sooner terminated or extended as provided by this Agreement. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the lump sum prices shown on the Fee & Cost Proposal 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 $133,671.00 (One Hundred Thirty Three Thousand Six Hundred Seventy One dollars and 00/100) for the Term. 3.2. Payment for any additional services authorized by City pursuant to Section 1.5 will be compensated in accordance with the proposal set forth in Exhibit A and the Fee & Cost Proposal set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of the award for the Term. 4.0 Method of Payment 4.3. 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. 4.4. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable 3of19 business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Wilma Roberts is the Contractor's primary representative for purposes of this Agreement. Wilma Roberts 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: Downstream Services, Inc. 2855 Progress Place Escondido, CA 92029 Attn: Wilma Roberts 4of19 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, 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 5of19 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 those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, 'indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's 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 ("PERE"), 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. 6of19 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, 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. 7of19 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 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 8of19 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 in addition to all other remedies available in law or equity. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets„ costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards 9of19 outlined by CAL OSHA and other applicable local, state and federal laws, regulations, industry safety orders and/or health orders. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or 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 Feast 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. 10 of 19 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, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior 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.r Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected officials, officers, employees, agents. designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. 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. 11 of 19 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 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. 12 of 19 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 Duties. 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 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, to persons or property, including bodily injury, death, personal injury, and property damage, and including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, 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. 13 of 19 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 Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 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 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 and 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 14 of 19 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. 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), including but not limited to any action brought to enforce or interpret this Agreement, shall be brought in a state or federal court situated in the County of Orange, State of California. 25.0 No Third Party Beneficiaries 15 of 19 This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California 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 16 of 19 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 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 and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 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. 17 of 19 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 provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 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 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. 18 of 19 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Atte By: Approved as t Fo By: Craig A. Steele, City Attorney CONTRACTOR: Downstream Services, Inc, a California coMprajisp By: 6i NameMll Its: Pre By: Nanw Victor Roberts Its: Vice President (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 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 Request for Proposal City of Seal Beach Request for Proposals for SCADA System Antenna Pole Installation RFP responses to be received until 2:00 P.M., April 26, 2022 in the Public Works Department ATTN: Thom Coughran, Public Works Department Approved for Advertising: Steve Myrter Director of Public Works Date Issued: April 4, 2022 W�rAv; Table of Contents I. INTRODUCTION If. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE & COST PROPOSAL VIII. SELECTION PROCESS IX. SPECIAL PROVISIONS X. GENERAL CONDITIONS EXHIBIT 1 — Fee & Cost Proposal EXHIBIT 2 — Pole Specification / Foundation Detail EXHIBIT 3 — Project Location -Poles EXHIBIT 4 — Sample Agreement Deleted Exhibit 4 - Sample Agreement from attachment to Minimize confusion with Downstream Services, Inc. )rofessional services agreement. REQUEST FOR PROPOSALS FOR SCADA System Antenna Pole Installation ALL INTERESTED PARTIES MUST REGISTER AT PLANETBIDS TO RECEIVE COMMUNICATION AND ADDENDA, IF ANY. PROPOSERS SHALL BE RESPONSIBLE FOR MONITORING PLANETBIDS TO OBTAIN INFORMATION REGARDING TRIS: SOLICITATION. FAILURE. TO RESPOND TO REQUIRED 'UPDATES MAY RESULT IN A DETERMINATION OF A NON-RESPONSIVE PROPOSAL. I. INTRODUCTION The City of Seal Beach ("City") owns and operates its SCADA (Supervisory Control and Data Acquisition) system within the water system. It monitors and controls the system through SCADA. The system is the nerve center of the water distribution system. The SCADA collects, stores and analysis information about the operations and maintenance, transmits alarms and equipment. Direct communication is monitored by means of radios through antenna equipment. A radio study was performed on the system for transmission clearance by Applied Technology Group. The study identified five locations within the water facility pump station locations for lacking direct clearance resulting from either existing antenna poles are not high enough, higher tree growth, or metal super buildings. In order to complete the City's SCADA communication for upgrades with an earlier purchase of radios and antenna equipment, higher antenna poles are required for the new antenna equipment. As such, the current antennas require a replacement for related updated associated equipment. The project shall consist of providing all labor, materials, and other incidental appurtenant work necessary for the installation of five (5) 35 -foot tapered aluminum poles with concrete anchorage foundations at five different pump station and wsites. The project does not include SCADA equipment. The following are identified for the pole installation: Aquatic Park Pump Station, Beverly Manor Well Site, Bolsa Chica Pump Station, Westend Pump Station and Pump Station 35. The City reserves the right to not accept the Contractor's scope and fee. 11. QUALIFICATIONS Minimum Qualifications • Valid California Contractor's Class "A" General Contractor 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. • 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 r 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. III. SCOPE OF SERVICES All work shall be accomplished and in accordance with these provisions as specified herein. The City of Seal Beach ("City") owns and operates its SCADA (Supervisory Control and Data Acquisition) system within the water system. The SCADA system communicates through radio via antenna means. The current antennas require a replacement for related equipment upgrades. The project shall consist of a contractor to provide all labor, materials, and other incidental appurtenant work necessary for the installation of five (5) 35 -foot tapered aluminum poles with concrete anchorage foundations at five different pump station and well sites. The locations for each site have been identified in the above introduction section along with a map location in Exhibit 3 The City has purchased the poles and will be provided to the contractor for installation. A mandatory pre-bid job walk will be held on April 14, 2022 at the Pump Station 35, located at 200 Seal Beach Blvd. Seal Beach, CA starting at 10:00am. The project will allow a 60 working day schedule to complete the project. IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Thom Coughran Department of Public Works 211 Eighth Street Seal Beach, CA 90740 tcoughran(a)-sealbeachca.gov (562) 431-2527 ext. 1432 The City will respond to all questions and requests for clarification received by April 19, 2022. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Bid Mandatory Meeting/Job Walk ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contract Award by City Council 4/4/2022 4/14/2022 4/18/2022 April 26, 2022, 2:00p.m. May 9, 2022 J COLI , Ing l L, ■ Notice to Proceed May 30, 2022 VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 2:00 PM on April 26, 2022 to the following. Postmarks will not be accepted. Thom Coughran City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 tcoughran (aD-sealbeachca.gov (562) 431-2527 ext. 1432 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 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 Cost Proposal Table of Contents Exceptions Company Qualifications Business Entity Understanding/Approach DIR Registration Number/Contractor's License References Contract Signatories List of Subcontractors 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. WG[� r141-POMR,.Lu,1 %K .L. 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 three (3) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Contractor. • Project outcome • Construction 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. 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 1. 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 City will negotiate the final fee with the top-ranking Contractor(s), if necessary. 00 -,Aar F W , 0-J.0, 'A WFURR FA JW KA VIII. 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. FirmTream Experience (25%) 3. Relevant Project Experience (25%) 4. References (10%) 5. Fee & Cost Proposal (40%) All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. IX. 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 references for similar work performed. d. Contractor will be required to include a list of sub -contractors with the Proposal, if applicable. e. 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. f. 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. g. All fees and costs quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. h. 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. Licenses Contractor shall possess a valid Contractor's "A" 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. 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 The Contractor's 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. UZZORW m-r-'m METHOD OF WORK 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 to the performance under this contract. The Contractor shall be responsible and shall take necessary precautions to protect work sites free of hazards and/or damages, until the Work is accepted by the City. Any hazardous conditions noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. Rubbish and construction debris shall be promptly removed from the work area and properly disposed of to an approved disposal site. 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). Additional traffic control may be required at times to ensure public safety. 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 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 rlm -I- VAW.. , 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 five (5) -day prior notification. Contractor shall perform the as -needed 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 • A detailed Work schedule. 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 rOFrl' VIA MAM MI, 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 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. X. 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..qov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for .each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the Contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the 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. M/ EXHIBIT 1 FEE & COST PROPOSAL FEE & COST PROPOSAL FOR SCADA SYSTEM ANTENNAS POLE INSTALLATION TO: CITY COUNCIL OF THE CITY OF SEAL BEACH FROM: REQUIREMENT: Proposal Item Price - Pricing shall be based on a lump sum fee for services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. The undersigned declares that he/she has carefully examined the request for proposal, that he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule. Bid Item Description Quantities Total Item Price ($) No. Aquatic Park Pump 1 Station: Work shall consist of providing all labor, materials, and incidental LS appurtenance install one 35 -- foot round tapered aluminum pole and concrete anchor foundation with 15 If of 2 - inch and 15 If of 1 -inch PVC conduit to building. Beverly Manor Well Site: 2 Work shall consist of providing all labor, materials, LS and incidental appurtenance install one 35 -foot round tapered aluminum pole and concrete anchor foundation with 30 If of 2 -inch and 30 If of 1 -inch PVC conduit to building. Bolsa Chica Pump Station: 3 Work shall consist of providing all labor, materials, LS and incidental appurtenance install one 35 -foot round tapered aluminum pole and concrete anchor foundation with 25 If of 2 -inch and 25 If TOTAL AMOUNT OF BID ($): Total Bid Amount in Words ($) Signature of Bidder Date: of 1 -inch PVC conduit to existing metal cabinet. Westend Pump Station: 4 Work shall consist of providing all labor, materials, and incidental appurtenance LS install one 35 -foot round tapered aluminum pole and use existing PVC conduit to building. Supply a new steel 1 -inch by 11 -inch square spacing plate for existing 9- 1/4 -inch bolt pattern steel mounting plate to existing foundation pedestal. Pump Station 35: Work shall consist of 5 providing all labor, materials, and incidental appurtenance LS install one 35 -foot round tapered aluminum pole and concrete anchor foundation with 50 If of 2 -inch and 50 If of 1 -inch PVC conduit to building. TOTAL AMOUNT OF BID ($): Total Bid Amount in Words ($) Signature of Bidder Date: CSL l<N :/. 0*21 Wwo` M�� Note: Items maybe adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- Class (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Business Address Business Tel. No. Signature Date Title Signature Date Title Signature Date Title If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided, followed by signatures of (i) the corporation President or Vice President and (ii) the Secretary or Assistant Secretary, and (iii) the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDEREDNONRESPONSIVE. EXHIBIT 2 " POLE SPECIFICATION/FOUNDATION DETAIL M ,cc Pole Cap - Aluminum With Stainless Steel Screws (Tenon Option Available - See Mounting Designation) D Top Diameter 8 Wall Thildmew Tapered Aluminum Tube Alloy 6053-T6 Handhole 4 -Bolt Base With Boll Cam Satin Aluminum or Powder Coated Fnsh per Ciustowiw Speakaft 4 3 6.5-8 7.5 2 .75x17x3 5 3--- 4.5 9-1u 9.75 2.75 .75x30x3* 8 45 11-12 1125 Ira 11-13ix-41 9 45 125-14 2 '-75 10 UPTO.M. 14 1x48x,4 I A.11 EXHIBIT 2 The pole shaft will be Caskm1ed of samkw e4ided tube of 5063 Afumkin Alloy per the rawfienenk; of ASM B221. Me shaft awnby shall be hw4affirVOM 17--t treated after base Medd 1opmdkxea Memper Base Style 4-BbJtC;astA1amkw Base Range afAlby 356-76wbAk1Mi7UM aoltCovem(4110356-0 ai7dSUt#=5ZedltK HeadAMwNMSaew& Handhole 4'-5" Ruff DiAinehys - 2"x4' HwxY de WM ained Lap &*Akiminim Owand two p) SS Seff- FaApog Aff3chig &nm A aanxft Rome incapa-aMig a tapped 114't2MC hole s xDwded 6"M Diameter- Wnbred, Xx Ycwyed Cast Aluminum Reim (Moy 356-M wMAk&*w Door and two (2) SS HarHisadScivw. A Gmuxft Rovision incapwaft a 3/8'dwivier hole isprowaledgopoSd, ft Hffdiob. 7"+ Bait Dkmeftis - RaMbired, 4'x r cawd Cast Mn*w ftw MW 356461 mMAbnwn Door aridbw 0 SS Har Head &mw. RWbcedFmw wN wal3b a AW&r-I&VC GrmxfW J'rowwo Anchorage Anduage0*19 krkide lbur M am- L-dWed SIM Squmo Anchor Bolts wnbovto 2M'- _90• AASHrO M314-90 &ade a Ten oches (107 of Umdedend 0• t0nmoe-o' wifibeWhwizedper ASIMA153. Nn PM. Ift wa ConWh bw (4) flax Nuts. four (4) Lock fttm, and &r(4) Rat Wdfts (M wniponei* GahzikedSW. A boltdrcle template will be prowled. Vibration Damper Wfieri daVtmtxd necessmy by Hapw, a Mbrdfibn amW vdi be bcby-insfalled insde ft pok shaft CUSIOM SoCUffCatiol? Of the dMoer 1S AMjtO— Mounting Designation Side DrM Afind For SdV M *wt4Wkatm spwTy bnhm OM qm* and orientation A himinaire &ft ftWk&- nitabe spAbdat Lorw of attr. low Z704 9(r Tenon Yourit-WoMedorSpunr For Tff w Umnr appicafts specify both lenon &uneW (2,3751.2 67Z 3S', etc.) and ftlh (3". 4. etc.). Tenon style is factory option Welded Tenon can be specified. Wewd Tem spwTaw WARNING: vo not install light pole without iuminame. EXHIBIT 2 Catalog Number System The catalog number for Mapco poles utilizes the fallowing identification system. MDUMING BUTT BASE HBGHT DIA. STYLE SHAFT WALL ~TDP RN[SH ASSEMBLY THKX DIA. Catalog Number Example - RTA 30 D 8 B 4 - 01 Round Tapered Aluminum, 30' Mounting Height, ,188" Wall Thickness, 8" Butt Diameter, 4.5" Top Diameter 4 -Bolt Base, Salta Aluminum finish wall 11tuu9mms B = .125" C D = .188" E_ .219" F = .250" G =.312" Butt Diameter 4=4" 5=5" 6=6" 7 = 7. 9=9" 1 =10' 7bp Blateeter A=3" 8-=4.5' C=6" BifE'�b 4=*Bo)t,Base Rubb U1y=Satin Aluminum BA = Black Powder Coat BH = White Powder Coat BM = Dark Bronze Powder Coat BV = Dark Green Powder Coat GC = Gray Powder Coat ** = Specify Fnish EPA Notes: Etlecb've PfoxledAnm (IPA) in square /eeL BMs filed ming wind velocity Pohl brdlcated in wwalance WM 2009AASHTO Lr5.5 aft a 25yeardesign Gto, Wirk uEPAisbasedcatlw- luminaire nvOtsham, bacreawdAummie vve ghrnW red" the maximum EPA it weights exceeded, orifuther desjn rife;x-9de is required, please cowl the ladory. •: v'3yl1 j 1 L11ii `���� .17 NET. TtuwFm Imam WaGkr 90 +0 110 120 130 Cir. NumaER GATam NUMBER 0.125" 4 100 1 17.6 14.2 13.2 11.0 9.2 78-001 RTA06B4A4= ' 9.125" 4 100 11.8 9.4 8.6 7.0 5.8 78-002 RTA08BW - 0.188" 4 100 17.2 13.8 12.8 10.6 8.8 78-015 RTAG8D4A4-" 0:125' 4 75 8.4- '6.6 5.0 4.8 4.0 78-003 RTA1084A4-" 0.168" 4 100 12.6 10.0 9.2 7.4 6.2 RTA10D4A4-"- 0.125" 5 100 16.6- 13.0 12.2 10.0 8.2 78-012 _ RTA108544" 0.188" 5 100 24.6 19.6 1B.2 15.2 12.6 RTA10D5A4--" 0.125' 4 50 6.4 '4.8 4.4 3.4 2:6 78-M ATA12MM" 0.188" 4 85 9.6 7.4 6.8 5,6 4.4 78-018 RTA12D4A4-- 0:125" ._..=` -5 100 12:6 "10.0 9.2 7.4 6.0 78-M RTA12BW4" 0.156" 5 100 16.0 12,6 11.6 9.6 7.B 78-009W3 RTA12C5A4--" _ Wag" - 5 100 192 152 142 11.6 9.6 78409014 MA12DW - ° 0.125" 4 25 4.8 3.6 3.2 2.4 1.8 78-005 RTA14B4A4 -' 0.188" n 4 60, " ". 7d6 : _5:8 5.2 4,0, '3.2' 78-419 RTA7404A4" 0.125" 5 90 10.0 7,6 7.0 5.6 4.4 78-010 RTA1485A4--" 0:156 , 5 - "100 ; 12:8 9.8 9:0 7.4- "6.0 78=021 _RTA14C5A4-" 0.188" 5 100 15.4 12.0 11.2 9.0 7.4 78-022 RTA14D5A4--" � ., "` :6:0 �4.4 .4.0 3.0 22 - 78-027 _ -HM16D4A4--7 0.125" 5 60 B.0 6.0 5,4 4.2 3.2 78-011 RTA16B5A4-" . 0:-156"585 `10.2; -7.:8 7:2 564:6 78-029 ; fITAi6C5A4" 0.156" 5 90 9.8 7.4 6.6 5.2 4.4 51-002548 RiA16C5B4--" `Dh186p'_. 784M 1 :_ .RTA16MMt-- 0,188" 5 100 24.2 19,0 17.6 14.6 12.2 RiA160684--" _05125-775' -" 4Qf - ,: A74 X4:6:7W �3'V - - - 7 001- 0.156" 5 60 8.2 6.2 5.6 42 3,4 78-031 ATA18C5A4 " ...'85 _:5:4: 4.4:::._ 381W .,1 ---_M18D5114=" 0.156" 6 100 16.2 12A 11,6 9.4 7.8 RTAIBC6B4" _ x:24.0 0.156" 7 100 18.8 17A 74A 12.0 RTA18C7B4-" � - '_- 5; K570 30 '2:71- T ;7B;OD(B __ 0.156" 5 40 6.6 4.8 42 3.2 2.2 78-033 RTA20C5A4- " 0:188.= - 5- --- --- : fur -2 - - i -z 4F, 61 :5i6 :_42, 32D - --- - - i. �E fA20D5A4r" 0.125" 6 85 10,0 7-4 6.8 5.4'-4.4 51-001 RTA208W2'- _0 -100;: ~ -'13 ti 10?0 .',92 ._ 1.4' 6:2 i :51'-002. " ifl= 684 t . 0.188" 6 100 16.6 12.8 11.8 9.6 B.0 51-003 RTAMBV* 71- 100 __..!.202=75.6.1-4:4 11:8 10.0 51.'6 _RTZ;2UG784;" 0.188" 7 100 24.B 19.6 18.0 14.812.4 51-005 RTA20D784--" 8 1.00 280____7 i2 _20.6 17.D :142' . SF006- -',M'20G8$4" 0.1888" 8 100 344 27.2 25A 21.D 17.6 51-007 1 RTA20D8B4 " _ U156"- _�6 - -swr-- r,ER-IS6 - `5e0-4101 :3'T' _5T:-062. 0.788" 6 85 10.4 7.6 7.0 5.4 4.4 51463 RTA25D6B4-" Qs15v-- "7 . 100' 13:0 392 -._9.0 72' 5:8 .: 51,40 - -' ffW5C7B4 7 0.188" 7 100 16.5 12.8 11.6 9.4 7.8 51-065 RTA25D7BV* ;.,,i�'•'��.-_8 100: _; � ]9.D_.14:8 -13:6 1i:0 �92 � _ _.51-U66 _. _._ RfA2FiC-BB4:" 0.188" B 100 23.8 18.6 172 14.0 11,8 51-067 RTA25D884--" 100 ac -2u, 5V-00-' _ .RTA25EBB4;' 0.250" B 100 32.8 25.8 24.0 19.8 16.6 51-069 RTA25F884-" X0.756"`�• T'9: 10D. ..25:8 -.202,18:8- 15 d 13".0:1 - $TA25C9g4;� 0:155" 10 100 33.6 27.0 25.0 20.8 17.4 RTA25CIr.4-- '0.3156'' �. 7•.-�;60:-' `_84:x 58 "52' 4:0;`_3".0751.124 __ r'TAD4317C784 = 0.188" 7 90 11.0 8.0 7.2 5.6 4.6 51-125 RTA301)784-" nrt56•': 8 _ j100, t 13:0.;9?6i : 8:8 7:07 5:6 "+ - -51-126 i - _RTA30[�84=" 0.168" 8 100 16.8 12.6 11.6 9.4 7.6 51-127 RTA30DBB4 " 02219" '8 400 ..;20:4::45:6 14.411.6 9.6� 51-128 _ -= R643ME*z7_; 0.250" 8 100 23.8 18.4 17.0 13.8 11.6 51-129 RTA30F8B4--" OaBB" 9 700 ;. ,23:2'_,10O 18.6 13.6 114 -"51!131._ , .___RTA300984» 0.250" 9 100 32.4 25.6 23.6 19.6 16.4 51.133 =30F`04 -m- 6188" 10-� 160_ ,30.8 24.4 22,8-18.815.8 51=139 RTA3MlC4-" 0.250" 10 100 42.4 33.8 31.6 2G.2 22.0 51-141 1lTA30F1C4 - "."0.x"._16"' _8 5S• ' 8:6; _ �6iQ' 5:4! f:'01 '301; 3i=78ti i{T.11,�a-= 0.188" 8 90 11.6 8.4 7.6 5.8 4.6 51-187 MA35DBB4--" 0.219_1' 8 100 14A 10.8 9:8 1.6 62 51-188 RTA35EB64" 0.250" 8 100 17.4 13.0 12.0 9.6 7.8 51-189 RTA35FOW- 0.1881" 9 700 _ 16.8 12:8 11.6 9.4 7.6 `81=19i' RTA350934--" 0,250" 9 100 24.4 19.0 17.4 14,2 11.8 51-193 RTA35F984" 0.188" 10' 100 - -23.0-18.2 16.8: 73:8'11.4 ; -,517199 :. _'R4iA35Q.1 .t 0.219" 10 100 27.8 22.0 20.4'19-.8 14.0 51-200 RTA35E1C4" 0250" _ 10 __100 32.6. 25.8 24.:0 1918' 16A, '- '51-20". RTA35FiC4=" 0.312" 10 100 41.8 33A 31.0 25.6 21.6 51-202 RTA35G1C4--" 0.188: 8" 40- - 7.8 -5.2 4!6-32 -2.4' _51---247 - --RiA4UDBWf- -- 0.219" 8 70 10.0 7.0 6.2 4.6 3.6 51-248 RTA40lBB4-" O.W. _ 8 "-,95 124'__ 8.8...,8:0 6:2.4:8. 51-249 , - RTA40F6i34-- 0.188" 9 95 11.8 8.6 7,B 6.0 4.8 51-251 RTA40D9B4-" 0.250" -9- 100-:" 182 79:8;-12:6 10:2. 8.2_ _51-253 R1A40FM'- 0.188" 10 100 17.0 13.2 12.2 9.8 8,0 51-259 RTA40D1C4-'- 0219"" 10 100` 21.2, 16.5 15.4 12410:2 51.26 RTA40E1C4-" 3.250" 10 100 25.2 19.6 18.4 15.0 12.4 51-261 _ 3TA4DF1C4=' 0.312" 10 100 1 33.0 26.2 24.2 20.0 16.6 1 51-262 1 - RTA40GiC4-" EXHIBIT 2 Catalog Number System The catalog number for Mapco poles utilizes the fallowing identification system. MDUMING BUTT BASE HBGHT DIA. STYLE SHAFT WALL ~TDP RN[SH ASSEMBLY THKX DIA. Catalog Number Example - RTA 30 D 8 B 4 - 01 Round Tapered Aluminum, 30' Mounting Height, ,188" Wall Thickness, 8" Butt Diameter, 4.5" Top Diameter 4 -Bolt Base, Salta Aluminum finish wall 11tuu9mms B = .125" C D = .188" E_ .219" F = .250" G =.312" Butt Diameter 4=4" 5=5" 6=6" 7 = 7. 9=9" 1 =10' 7bp Blateeter A=3" 8-=4.5' C=6" BifE'�b 4=*Bo)t,Base Rubb U1y=Satin Aluminum BA = Black Powder Coat BH = White Powder Coat BM = Dark Bronze Powder Coat BV = Dark Green Powder Coat GC = Gray Powder Coat ** = Specify Fnish EPA Notes: Etlecb've PfoxledAnm (IPA) in square /eeL BMs filed ming wind velocity Pohl brdlcated in wwalance WM 2009AASHTO Lr5.5 aft a 25yeardesign Gto, Wirk uEPAisbasedcatlw- luminaire nvOtsham, bacreawdAummie vve ghrnW red" the maximum EPA it weights exceeded, orifuther desjn rife;x-9de is required, please cowl the ladory. •: v'3yl1 j 1 L11ii `���� .17 EXHIBIT 2 POLE- At m ANTFEINA )*-S--- T 4ETAIL - EXHIBIT 3 PROJECT LOCATION - POLES I I .- � / I EXHIBIT 3 There is a pipe on the corner of the building by the pin but it does not get the antenna high enough for the Fresnel Zone to clear the obstructions in the path. That is why we recommend a 35' pole near the corner of the building right where the pin is located. EXHIBIT 3 Pole needs to go on the rise by the sidewalk. INI . ■ EXHIBIT 3 s Option 1 Option 2 Option 1 would involve moving the existing pole or planting a new pole at the location indicated, very close to where the hinged part of the gate meets the block wall. Option 2 would only involve redirecting the antenna to point in the direction of the blue line towards the Eighth Street Site. The proposed radios could then take advantage of their "store and forward" feature. Where the current pole location is causes the antenna to point almost directly into the trunk of some of the close by palm trees, which is degrading their signal. EXHIBIT B Contractor's Proposal I ! f m Services, Inc. G R I T I N T E G R I T Y CX P E R T I S E F A M I L Y DOWN STREAMSERVIC ES COM Prepared b ' v: Downstrearn Services, Inc, 2855 Progress Place Escondido, CA 92029 EopinSt Services. Inc. April 26, 2022 City of Seal Beach Attn: Tom Coughran 211 Eighth Street Seal Beach, CA 90740 E-mail: tcoughran@sealbea:hca,.gov Subject: SCADA System Antenna Pole Installation Downstream Services, Inc. is pleased to submit our bid for the above referenced project. We are a California certified small business enterprise (30938) and' are fully committed to providing personnel, "state-of-the-art" equipment, and all resources necessary to successfully complete this project within budget and time constraints. Downstream Services, Inc. will perform the work in accordance with the Highest Industry Standards while remaining in compliance with all Federal, State and the City's regulations and ordinances. Downstream Services, Inc. has read and will comply with all terms and conditions of the bid documents and include all project -specific references requested. We hereby acknowledge receipt of Addendum # 1 of the bid. Downstream Services, Inc. has no exceptions to any portion of the RFP and/or the City's standard agreement. The only persons, companies, and/or parties interested in this bid submittal as Shareholders of the Corporation and authorized to sign the proposal and/or negotiate for Downstream Services, Inc. are as follows: Wilma G. Roberts — President (760) 746-2544 1 (760) 497-4850 WilmaR@downstreamservices.com Loren V. Roberts — VP of Sales & Marketing (760) 746-2544 1 (760.) 814-964 LorenR@downstreamservices.com Victor N. Roberts — Vice President (760) 746-2544 1 (619) 520-5167 VictorR@downstreamservices.com Clark A. Roberts — VP of Operations (760) 746-2544 1 (760) 692-2894 ClarkR@downstreamservices.com he bid will remain valid for a period of up to 90 days from April 26, 2022. lownstream Services, Inc. looks forward to working for the City of Seal Beach. lease feel free to contact any of the above with any questions or concerns. ncerely, lilma G. Roberts — President :)wnstream Services, Inc. 355 Progress Place, Escondido, CA 92029 lone: (760) 746-2544 1 (800) 262-0999 x: (760) 746-2667 www.downstreamservices.com Page 1 ELNmStream Services, Inc. GRIT I INTEGRITY I EXPERTISE I FAMILY Table of Contents CoverLetter...............................r:.................. 1 Table of Contents ............................................. 2. Company Qualifications.. ................................ 3-4 Methodology......................................4........... 5-6 References......................................................... 7 Key Personnel and Organization Chart....... 8 Statement of Financial Responsibility......... 9 Cost Proposal....................................................10-13 Exhibits: Licenses and Registrations .......................... A Sample Insurance Certificate ....................... B Resumes of Key Personnel ............................0 Downstream Services, Inc City of Seal Beach SCADA Antenna Pole RFP Page 2 Downstream Services, Inc. has developed an exceptional Quality Control and Training Program that adheres to all local, State and Federal guidelines and is overseen by our Safety Manager, Kim Carr. Our team is educated and certified per OSHA and EM 385 standards: > CPR I First Aid Competent Persons y Confined Space Entry Construction Quality Management (CQM- C Certified) o CWEA Collections System Grades 1-4 Emergency Response (HAZWOPER) Fall Protection Y Hazardous Waste Operations NASSCO PACP I MACP I LACP SCBA I Fit Testing Traffic Control I Flagger Safety Water Distribution and Treatment Operators --.0 T 1 ~id lu N t + P:;'virstdcam 'ii "Providing critical solutions in environmental compliance. We are the defenders of our water resources and the life it supports." Company Qualifications Downstream Services, Inc. (DSI) is a certified small business enterprise and general engineering company that specializes in the assessment, maintenance and rehabilitation of stormwater, wastewater, and underground systems. For more than 20 years, founded and Incorporated in California in January 2002, DSI has been providing innovative solutions and quality service, making it one of the regions most experienced and reputable contractors. With over 75 permanent highly skilled personnel and a substantial fleet of specialty equipment, DSI is recognized for having a dynamic and professional approach within the environmental industry. DSI is ideally suited to tackle any project with the best technology and innovation in the business. DSI currently has headquarters in San Diego and Ventura Counties that offer an array of environmental services throughout California and allow us to respond promptly and efficiently to our client's emergency repair needs. These services include hydro -jetting and pipeline cleaning, CCN inspection and condition assessment, pipeline rehabilitation, storm water pollution compliance management, pump station maintenance and instrumentation, valve repair and replacement, and pipeline installation & repair.. Commitment to providing exceptional customer service is of the utmost importance. Regardless of the size or complexity of the project, the DSI team is dedicated to giving "service" a priority. Working directly with clients, attention is given to understanding their goals and objectives. Pipeline Assessment and Maintenance CCTV and Long -Range Inspections and Condition Assessment Hydro -Jetting and Pipeline Cleaning Bucket Machine Cleaning Underground Services Trenchless Technologies and UV -GRP ALPHALIN ER - Manhole Installation Underground Pipeline Installation and Repair Valve Replacement, Maintenance and Repair Stormwater Recommendations and Guidelines Filter Sales and Installation Storm Drain Inlets, Catch Basins, and Hydrodynamic City of Seal Beach SCADA Antenna Pole RFP " Page 3 i 4' PIMIL Downstream Services, Inc Separators Maintenance Perviou's Surfaces Instrumentation and Pump Station Maintenance Design -Build and Maintenance of Pump Station Controls Flow Monitoring Pump Station Installation, Repair and Replacement 24/7 Emergency Response Services Preventative and Emergency Services Removal, Transportation, and Disposal of Waste Emergency Repairs and Bypass Pumping DSI is endorsed to handle,, transport, and dispose of contaminated and non -contaminated waste. We provide efficient and safe solutions for waste removal and maintain the following licenses: California Contractors License 807.953 A, C31, HAZ California Department of General Services Small Business Certification #30938 DIR Public Works Contractor Registration #1000004632 California Hazardous Materials Transport License 134172 U.S. Department of Transportation of Hazardous Materials Certificate of Registration 090916 550 085YA U.S. Environmental Protection Agency EPA CAR000040808 Department of Toxic Substance Control Hazardous Waste Transporter Registration #4481 Cityof Seal Beach SCADA Antenna Pole RFP Page 4 f 1 I Methodology Overview: Downstream Services, Inc employs a team of highly skilled technicians who all maintain both project and company -specific certifications and are a key part of our ability to respond to projects and service requests quickly and confidently. We have included an organizational chart of our Instrumentation Department and highlighted the key personnel who will be assigned to this project upon award and as needed by the client. Staff will primarily consist of Clark Roberts who will be the primary contact for project management and administrative needs,. and a crew of three highly skilled field technicians who will be prepared to respond within the time parameters set forth by the contract documents. Our team is dedicated to the health and safety of our employees and our clients, utilizing an exceptional Quality Control and Training Program that adheres to all local, State and Federal guidelines and is overseen by our Safety Manager, Kim Carr. Please, see the attached Organizational Chart and Resumes of Key Personnel for further information on our department structure and cumulative knowledge. Project Specific Approach: A three-man crew consisting of one Foreman, one equipment operator, and one instrumentation technician will be utilized and responsible for the complete project. There are two locations that require potholing for proper antenna base excavation. To accomplish the work an additional crew member, a qualified Vacuum Combination Truck Operator, will be dispatched for approximately 2 days to perform the necessary hydro excavation for Location 1 and 5 (to be confirmed after utility mark out is performed at all locations). Waste dirt will be hauled back to the Downstream services yard where it will be dewatered and disposed of properly according to all relevant regulations. Crew will mobilize with all necessary equipment including but not limited to: Underground service truck with all appurtenant hand and powertools, a dump trailer for handling spoils and sawcut materials, excavator with 18" bucket auger for digging locations that do not require potholing, saw cutting equipment, jackhammer, tamper, and a 35ft knuckle boom crane truck for setting poles. Crews will utilize preformed rebar cages set with proper dobies to ensure proper depth. CNC cut plates will be utilized to properly locate anchor bolts and conduit in the forms. Crews will use Sonotube to form up the pole bases above ground to ensure a neat and aesthetically pleasing installation. Trenching will be completed using industry standard depth and compaction, with either potholing, hand digging, or excavator where appropriate. Any surface improvements such as asphalt, concrete will be sawcut and removed where necessary and reinstalled to match existing after back fill and compaction. Penetrations into existing buildings or control panels will be neatly installed plumb and true, with proper care to sealing and mounting the conduit and fitting to prevent any weather or pest intrusion. Antenna poles will be installed once concrete is cured and conduit properly installed utilizing a 35ft truck mounted knuckle boom crane, which will also be used to assemble and transport the poles as needed. Pole installation will follow manufacturer and contract guidelines and necessary hardware. Care will be taken to make sure the poles are set and bolted level and true. Project closeout will include final inspection by the Project Foreman and City Personnel, making sure to document all installations, conduit locations, and take care of any punch list items before final turnover. Downstream Services, Inc. will provide all the labor, equipment, and materials to perform the tasks as described in the Scope of Services, including installation of five 35 -foot round tapered aluminum poles with concrete anchorage foundations at their respective stations according to the specifications provided. Downstream Services, Inc City of Seal Beach SCADA Antenna Pole RFP Page 5 Downstream will complete this work within the 60 -day time period allotted by the City. For the purposes of this contract, the main point of contact will be Clark Roberts, Project Manager & Vice President of Operations. Clark can be reach either at ClarkRCa7d:ownstreamservices.com or via phone at (760) 297-0381 Downstream Services, Inc City of Seal Beach SCADA Antenna Pole RFP Page 6 References Owner: Caltrans, Department of Transportation CONFI� DENTIAL Contact: Tor Amble (858) 688-1509 ! Tor.Amble@dot.ca.gov Address: 4050 Taylor St. San Diego, CA 92110 Proiect: 11-409104 Water and Wastewater Upgrades at Buckman Springs Rest Area Proiect Description: Existing wastewater system demolition and wastewater treatment system installation, implementation, and testing, including radio frequency communication (Yagi antennas and base poles) system installation and connection to the state SCADA system. Contract Period: November 2019- April 2021 Contract Amount: $3,683,035.00 Owner: NAVFAC Southwest Contact: Brandon Wheeler (907) 644-1715 I bwheeler@bncak.com Address: Port Hueneme and Point Magu, Naval Base Ventura County Prolect: Port Hueneme and Point Magu Pump Station Rehabilitation Proiect Description: Rehabilitation of 8 lift stations throughout Naval Base Ventura with lift station controls upgrades/replacements and station monitoring systems. Contract Period: 09/21/20- Present ContractAmount: $1,266,938.00 Owner: San Diego County Water Authority Contact: Andrew Oleksyn, AOleksyn@sdcwa.org j (858) 522-6902 Proiect: Replacement of Valley Center Pump Station Pump Impellers Proiect Description: Work included removal and replacement of 3 large diameter vertical turbine booster pumps that pulled water from an adjacent 84" transmission line. Waterline was isolated, Pumps were removed, impellers swapped, shaft balancing and repairs performed, coating repairs performed on both pumps and pump cans, and reinstalled/tested. Testing included monitoring and reporting pressures, flow rates, vibration analysis, mechanical seal adjustment, electric motor health, and valve assemblies and piping. Contract Period: 07/2021-11/2021 Contract Amount: $87,036.00 Owner: City of EI Segundo Contact: Arianne Bola, abola@elseeundo.orR 1 (310) 524-2364 Proiect: PW 19-25 Pump Stations Maintenance and On -Call Repair Services Proiect Description: Pump Station preventative maintenance and on call repairs for pump stations, flow meters, SCADA System, and'wastewater collections systems. Includes installation of remote monitors, custom IOT devices for flow monitoring reporting, and control system retrofits/repairs. Contract Period: 1/2020-12/2024 Contract Amount: $107,784.00 Downstream Services, Inc. will not be using any subcontractors on this project. Downstream Services, Inc City of Seal Beach SCADA Antenna Pole RFP Page 7 Key Personnel and Organization Chart Key Personnel: Project Manager: Clark Roberts Assistant Project Manager: Jared Gilster Superintendent: Corey Vilardi Foreman: Kyle Wynne Lead: Stephen Ruckle 5(ecutlue Go. Mim*,ttz,6.g Oark,Rbte-a-s; ,&df Qper lad_On Managet Jared Gilster Assistant Project Manager p: 760.746.2544 e:JaredG@downstreamservices.com Corey Vilardi Underground Superintendent p: 619.520.5169 Kyle Wynne Underground Foreman p: 760.519.4651 Stephen Ruckle Instrumentation Lead Instrumentation and Underground crew COWFIDEMTIA]L Downstream Services, Inc City of Sea[ Beach SCADA Antenna Pole RFP Page 8 Statement of Financial Responsibility CONFIDENTIAL Principals Victor N. Roberts and Wilma G. Roberts have successfully headed Downstream Services, Inc. for 20 years and Roberts General Engineering Contractors prior 15 years. Neither business has ever filed bankruptcy. Downstream Services Inc. has reported average annual sales revenues of $13,667,666.67 over the past 3 years. Our Company has completed numerous projects that required Payment and Performance Bonds. Our current bonding capacity is $5,000,000 with a $10,000,000 aggregate. For a reference please contact: Alliant Insurance Services Lawrence F McMahon 701 R Street 6th Floor San Diego, CA 92101-8156 (619) 849-3832 ImcmahonC�alliantinsurance com We have established a positive credit history with California Bank & Trust, who will gladly provide City of Seal Beach with a reference if necessary: California Bank &Trust Denette Stewart 150 N QUINCE Escondido, CA 92025-4929 760-741-3312 dstewartlCa�caibf.com Dated: April 25, 2022 Wilma Roberts, President Downstream Services, Inc City of Seal Beach SCADA Antenna Pole RFP Page 9 � t.� � � �/ Iffh%RR[A]dillnFf ItQllr�ralLira EXHIBIT 1 FEE & COST PROPOSAL eii n�,92— FEE & COST PROPOSAL FOR SCADA SYSTEM ANTENNAS POLE INSTALLATION TO: CITY COUNCIL OF THE CITY OF SEAL BEACH FROM: Downstream Services, Inc. REQUIREMENT: Proposal Item Price - Pricing shall be based on an lump sum fee for services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. The undersigned declares that he/she has carefully examined the request for proposal, that he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth- in the following schedule. Bid Item Description Quantities Total Item Price {�) No. Aquatic Park Wastewater 1 Pump Station: Work shall consist of providing all labor, materials, and incidental LS $28,669.00 appurtenance install one 35 - foot round tapered aluminum pole and concrete anchor foundation with 15 If of 2 - inch and 15 If of 1 -inch PVC conduit to building. Beverly Manor Well Site: 2 Work shall consist of Providing all labor, materials, LS $31,233.00 and incidental appurtenance install one 35 -foot round tapered aluminum pole and concrete anchor foundation with 30 If of 2 -inch and 30 If of 1 -inch PVC conduit to buildin . Bolsa Chica Water Supply 3 Well Station: Work shall consist of LS $28,909.00 providing all labor, materials, and incidental appurtenance install one 35 -foot round tapered aluminum pole and concrete anchor foundation .f iilev/sODra �iamerPn�. Total Bid Amount in Signature of Bidder TOTAL AMOUNT OF BID ($): $133,671.00 six hundred seventy-one dollars and zero cents Date: 04/25/2022 This bid form (Exhibit 1) contains the individual bid items required to complete all installation of the antenna poles. The lump sum prices shall include full compensation for furnishing the labor, materials, tools, and equipment to complete all the work as described in this RFP. The Bids for the work are intended to establish a total cost for the Work in its entirety. Should the Contractor feel that the cost for the Work has not been established by specific items in the bid form, the Contractor shall include the cost for that Work in some related bid item so that the bid reflects that total cost for completing the Work in its entirely. with 25 If of 2 -inch and 25 If of 1 -inch PVC conduit to existing metal cabinet. Westend Storm Water 4 Pump Station: Work shall consist of providing all labor, materials, LS $13,326.00 and incidental appurtenance install one 35 -foot round tapered aluminum pole and use existing PVC conduit to building. Supply a new steel 1 -inch by 11 -inch square spacing plate for existing 9- 1/4 -inch bolt pattern steel mounting plate to existing foundation pedestal. Waste Water Pump Station 35: 5 Work shall consist of providing all labor, materials, LS $31,534.00 and incidental appurtenance install one 35 -foot round tapered aluminum pole and concrete anchor foundation with 50 If of 2 -inch and 50 If of 1 -inch PVC conduit to building. Total Bid Amount in Signature of Bidder TOTAL AMOUNT OF BID ($): $133,671.00 six hundred seventy-one dollars and zero cents Date: 04/25/2022 This bid form (Exhibit 1) contains the individual bid items required to complete all installation of the antenna poles. The lump sum prices shall include full compensation for furnishing the labor, materials, tools, and equipment to complete all the work as described in this RFP. The Bids for the work are intended to establish a total cost for the Work in its entirety. Should the Contractor feel that the cost for the Work has not been established by specific items in the bid form, the Contractor shall include the cost for that Work in some related bid item so that the bid reflects that total cost for completing the Work in its entirely. T 610- 2M -A F0116 Works j Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) ( compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- 807953 Class A, C-31 & HAZ (REQUIRED AT TIME OF AWARD). -6f- 2855 f Downstream Services, Inc. 2855 Progress Place, Escondido. CA 92029 Business Tel. No. 760-746-2544 uate Title President Title '��•�GpSpa� Lid, 04/25/2022 Vice President.N, 6AP Tt � Signature Date Title °'', /P011140- .•�`'`` If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided, followed by signatures of (i) the corporation President or Vice President and (ii) the Secretary or Assistant Secretary, and (iii) the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego, On April 25, 2022 before me, Rebecca Dennis, Notary Public (insert name and title of the officer) personally appeared Willemina Roberts & Victor Roberts who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 41are subscribed to the within instrument and acknowledged to me that h*s*/they executed the same in A/Qdtheir authorized capacity(ies), and that by %/N4r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCADENNIS Commission No. 2381712 z z� NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY r Commission Expires November 4, 2025 Signature��� QJL (Seal) CONTRACTORS �Ca STATE LICENSE HOARD ACTIVE LICENSE Lk.....r807953 &aM CORP a.....N.". DOWNSTREAM SERVICES INC "..�.� ., A C31 HA2 i P3 e..wti,.o.. 05(31/2024 www csib ca oov • ►°t'aLo, Supplier Profile Printed on: 12/7/20214:28:33 PM To verify most current certification status go to: hfps://www.ca!eprocure.ca.gov OSSa., """"% GENERAL SERVICES Office of Small Business & ®VBE Services Certification ID: 30938 Legal Business Name: DOWNSTREAM SERVICES INC. Doing Business As (DBA) Name 1: Doing Business As (DBA) Name 2: Address: 2855 PROGRESS PL ESCONDIDO CA 92029-1516 Email Address: wilmar@downstreamservices.com Business Web Page: http://www.downstreamservices.com Business Phone Number: 760/746-2544 Business Fax Number: 760/746-2667 Business Types: Construction , Service Certification Type Status From To SB Approved 11/18/2021 11/30/2023 SB -PW Approved 06/16/2021 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSHELP at7DGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 https:llcaleprocure.ca.gov/pages/SupplierProfile/supplier-profile-print.htmlf 12/7/2021 4:29:40 PM] 06/30/2023 s 7/20/2021 Registrations State of California Department of Industrial [del (http / . fI> M it, "r.ca.gov/) Contractor Information Legal Entity Name DOWNSTREAM SERVICES, INC. Legal Entity Type Corporation Status Active 06/23/16 Registration Number Back to DIR>> (https:/Iwww.dir.ca.gov/) 1000004632 06/30/15 Registration effective date 07/01/21 Registration expiration date 06/30/23 Mailing Address 2855 PROGRESS PLACE ESCONDIDO 92029 CA Unit... Physical Address 2855 PROGRESS PLACE ESCONDIDO 92029 CA Unit... Email Address rebeccad@downstreamservices.com Trade Name/DBA DOWNSTREAM SERVICES, INC. License Number (s) CSLB:807953 CSL8:807953 Registration History Effective Date Expiration Date 06/13/18 06/01/17 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Age Icy for service: Agent of Service Name: Agent of Service Mailing Address: 01/05/15 07/01/19 07/01/20 07/01/21 C2286095 800011534 WILMA ROBERTS VICTOR ROBERTS WILMA ROBERTS WILMA ROBERTS VICTOR ROBERTS 06/30/19 06/30/18 06/30/17 06/30/16 06/30/15 06/30/20 06/30/21 06/30/23 DOWNSTREAM SERVICES INC 2855 PROGRESS PLACE ESCONDIDO 92 https:Hcadir.secure.force.com/CantractorSearch/registrationSearchDetails?id=al Rt0000003rUyLEAU 113 u DOWNSER-n1 suI u r r 4� "- CERTIFICATE OF LIABILITY INSURANCE DATE012512021 Y} CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10/25/2021 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OC36861 San Diego-Alliant Insurance Services, Inc. 701 B St 6th FI San Diego, CA 92101 NRAJACT Salvador Perez PHONE pqX AIC, No, Ext): A1C. No): AI . salvador.perez@alllant.com INSURERS AFFORDING COVERAGE NAIC # LIMITS INSURERA:TraV8lers Indemnity company of Connecticut 125682 X COMMERCIAL GENERAL LIABILITY INSURED INSURER B: Travelers Property Casualty Company of America 25674 INSURER C: Westchester 'Surplus Lines Insurance Com an 10172 DownStream Services, Inc. 2855 Progress Place Escondido, CA 92029 INSURER D: StarStone SpecialtVinsurance Company 00000 CLAIMS -MAGE [K OCCUR INSURER E: INSURER F: DT22-CO.BL890612-TCT-21 1-U3VFI7Ar:F3 CF{?TIFICATIr hit Inn==o- THIS- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR ILTR I TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF fl POLICY EXP (MMIDD[YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S. 1,000,000 CLAIMS -MAGE [K OCCUR DT22-CO.BL890612-TCT-21 11115/2021 10/24/2022 DAMAGETORENTM $ 300,000 X Owners,&Contractor MED EXP one person) $ 10,000 X EBL, Blkt AI,WOS,Pri PERSOhLa!?4AOYINJURY $ 1.000'000 L GEN'LAGGRE TE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY pRl LOC JEC PRODUCTS- COMP/OP AGG S 2,000,000 OTHER, 10eductible $ 5,000 B AUTOMOBILE LIABILITY CO.MBINED1 S SINGLE LIMIT 1,000,000 Cl1 ANY AUTO 810 -8L837211 -21-26-G 11115/2021 10/24/2022 _ BODILY INJURY Per erson S OWNED BODILY INJLIRY Per accident S AURTEO�S ONLYNSCHEOULED AUUTOSSy��p Ix ATOS AUTQS GE QBE tlmt ONLY ONLY . $ ComplCoil Dad $ 1,000 B X OCCUR EACH OCCURRENCE $ 10+000,000 XCLAIMS-MADE �umAS CUP -81-903833-21-26 11/15/2021 10/24/2022 AGGREGATE S 10,000,000 ENTION $, 10,000 PRO -COM OPE AGG $ 10,000,000 B TI N AND EMPLOYERS' COMPENSATION X PSTATI FR ERITF OTH- A Y1N UB -311104531-21-26-G 10!2412021 10/24/2022 E.L. EACH ACCIDENT S 1,000,000 (A}NpYPERIMEMTOERR/PARTNEtLEXECUTNE (hliF datoryEn NH) EXCLUDED? NIA E L..DISEASE-EA EMPLOYE 5 1,000,000 If yes, describe under EL. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below C Pollution Liability IG28219623 002 9/24/2021 11012412022 $1M Occ / Aggregate 3,000,000 D Professional Liabili 735941210APL '1111512021 10/24/2022 Each Claim/Gen. Agg. 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS.PVEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Pollution Liability Deductible: $5,000' Each Pollution Condition. Professional Liability Deductible: $5,000. Proof of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f z�^"IV:Z� ACORD 25 (2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I f { Y EO#vnSt /" /'t1 Services, Inc. Clark. Roberts Project Manager CONFIDENTIAL With over 7 years of experience in wastewater and storm drain industry, Clark demonstrates extensive knowledge of the latest industry equipment and methods with his hands-on approach learning from California Polytechnic, San Luis Obispo, in curriculum directly related to the industry. Courses taken include but are not limited to: Project Management, Estimation, PLC Programming and Fundamentals, Hydraulics, Statics, Physics, Properties of Materials, Metal Construction Principles, 3D Modeling and Drafting Design, Calculous 1-4, Machinery Management, and a wide range of Business Management. Clark Roberts has also held many field positions within Downstream Services, providing him a focused experience in a wide array of projects. Downstream Services, Inc. 7 Years ❖ Naval Base Ventura County Experience Performing the operation and maintenance of all sewer and storm water main lines including over 100 pump stations on Point Mugu, • 7 years Port Hueneme, and Saint Nicholas Island. Include design and implementation of a preventative maintenance program. Sewer flow monitoring and treatment for rate structuring/discharge Education permit. • B.S. Agricultural ❖ NAVFAC Southwest, SD Metro Naval Base Ventura County Systems Maintenance of Sewer and Storm Water Pump Stations and Management, collection systems for San Diego Metro Area Naval Bases. Work includes maintenance, repair and installation of level and flow Cal Poly San.Luis Obispo sensors, voltage and amperage sensors, control systems, SCADA systems, PLC and instrumentation systems, etc. Certifications ❖ Caltrans District 12 and 7, On -Call, As Needed Pump System Repair Operation, emergency response, diagnosis, repair, testing, • Safety Training replacement, storm drain water pumps and control systems • Confined Space Entry (includes remote cellular monitoring, PLC design/programming. Services provided at 100 locations throughout Orange, Los • HAZWOPER 40 Hour Angeles, and Ventura County. • NFPA 70 E 8 Hour ••• City of El Segundo, Pump Station Maintenance and On -Call Repair Services • OSHA 10 Hour • CPR /Rescue City wide operation, emergency response, diagnosis, repair wastewater/stormwater pump stations, water booster and • 4 Hour Traffic treatment systems, Permanent and temporary flow monitoring control/Flagger for rate structuring, Custom built, install, and maintain flow monitoring equipment and software. Scada maintenance. • T1 Water Treatment ❖ Caltrans 11-409104 Water and Wastewater Upgrade Operator Demo and install complete self-contained water and wastewater • Project Management treatment and distribution/collection system. Wastewater Professional treatment system includes commission and integration of control system into statewide SCADA software (Tesco). Install uninterruptable power supple with 150kw Generator. Startup of CSWB monitoring program. Dayvns#rearn 3ervi.ces, Inc 2855 Progre>.; PlEacj', T"srcr 2c ,wI 76i l� Y ai_.0 1920' �6 5 Ph 262 �j999 ja.: ?50 71h Zi6? 4l't?�i i; tililS.i'?cl7iiS�ri Cf?i turf, Project Value $2,542,621 Project Value $319,026.18 Project Value $2,000,000 Project Value $450,000 Project Value $397,712 ' ECWnStream Services, Inc. Corey Ward! Underground / Instrumentation Superintendent Experience CONFIDENTIAL Corey Vilardi has over 30 years' experience in the underground industry, specializing in project supervision and field operations. As Underground Superintendent, Corey is directly responsible for successfully carrying out and overseeing stormwater and wastewater systems replacement, rehabilitation, and lining projects. He manages the underground crews, materials, equipment, safety, and enforces company standards and protocols. Corey directs the coordination and completion of UV-CIPP lining projects, as well as underground utilities installation, replacement, and rehabilitation projects. He is accountable for the overall project execution, while ensuring quality, compliance and punctuality. ' Downstream Services, inc. 2010 -Present ❖ Caltrans District 11— Water and Wastewater Upgrades at Buckman Springs Rest Area (2019-2020) Oversaw the abandonment of old septic tank and the installation of new water and wastewater treatment systems, lift stations, • 34 years buildings, electrical panels, treatment controls and testing. ❖ San Diego International Airport - Storm Drain Lining (2016-2017) Education 5,668 LF of 18 -inch to 54 -inch storm drain lines repaired by UV-CIPP • ITT Technical Institute under Turner -PCL -Flatiron. Project included lining, bypass pumping and dewatering, manhole repairs and installation of check valve. Certifications •�• County of Orange - Santa Ana River Channel Levee System Repairs (2016-2017) • 30 -Hour OSHA UV-CIPP lining and pipeline dig and replace in the Santa Ana River • CPR / First Aid Channel for the County of Orange. • Confined Space Entry ❖ City of Chula Vista Emergency Storm Drain Lining • Fall Protection (2015-2016) • HAZWOPER 6,100 LF of 18 -inch to 54 -inch storm drain lines repaired by UV -Cured lining. Project included lining and installation of manholes. • UV -GRP CIPP Lining .;. Miller Coors - Irwindale Drain Repairs Projects (2014-2017) 5,000 LF of 6 -inch to 18 -inch sewer lines repaired by UV-CIPP lining under RL Bunch Company. Each year the project includes lining, bypass pumping, manhole repairs and installation of access points. Project Value $2.9 Million Project Value $1,500,000 Project Value $650,000 Project Value $1,800,000 Project Value $1,100,000 Self Employed General Engineering Contractor 24 Years ❖ Various Projects for City of Carlsbad, City of Oceanside, Rainbow Municipal Water District, Valley Center Municipal Water District C1•vwn5,rje;)r7 Services, Hc. 285> Progre:ti Pace Escondido CA 92029 1311 760 146 2S44 j,4- 800 202 01999 fa;{ 77u 74^ 260? L^JbCw 1tj�F1Y1i i£�iy7�?iiJti.� .�0 I1 r EOmnavream Services, Inc. Kyle Wynne Underground I UV- CIPP Lining Foreman Experience • 15 years Education • .Palmar College, Certificate in Water and Wastewater Technology Certifications • 30 -Hour OSHA CONFIDENTIAL Kyle Wynne has over 10 years' experience in the underground industry, specializing in water and wastewater technologies. As Underground and UV-CIPP Lining Foreman, Kyle oversees the underground crew in the field and successfully carries out stormwater and wastewater systems installation, replacement, rehabilitation, and UV-CIPP lining projects. He is responsible for ordering materials and equipment, enforcing safety and company, standards and protocols. Downstream Services, Inc. 2012 -Present ❖ Caltrans District 11 Various Locations - Invert and Joint Seal Repairs (2019 -Present) Oversee the installation of 18 -inch to 54 -inch UV-CIPP liners in failing stormwater pipes throughout San Diego County. Projects include installation of bypass, invert paving, injection grouting, heavy pipeline cleaning, remote situations, extensive traffic control, night work and coordination with the Caltrans. ❖ City of Manteca - Sewer Main Rehabilitation and Maintenance (2018) Managed the installation of 8,600 LF of 30 -inch UV-CIPP liners in failing sewer pipes. Project included installation of sewer bypass and manholes, heavy pipeline cleaning, extensive traffic control and coordination with the City. ❖ San Diego Military Housing - Storm Drain and Sewer Repairs (2014-2016) • CPR /First Aid Performed numerous repairs for the DoD and Apex Companies, LLC at various locations through San Diego County. Project included UV-CIPP • Confined Space Entry lining, point repairs, and lateral reinstatements. • Fall Protection ❖ County of Orange - Santa Ana River Channel Levee System Repairs • Traffic Control (2016-2017) • SCBA/SAR/Respirator UV-CIPP lining and pipeline dig and replace in the Santa Ana River Channel for the County of Orange. • UV -GRP CIPP Lining +:• City of San Marcos - Design guild CMP Pipe Replacement Project • Water Distribution (2015-2016) Operator, Grade D2 1,800 LF of 12 -inch to 54 -inch storm drain lines repaired by UV-CIPP lining under an emergency contract. Lining and pipeline dig and • Water Treatment replace throughout the City. Operator, Grade T2 Projects Value $1,770,132 Project Value $2,700,000 Project Value $500,000 Project Value $650,000 Project Value $1,000,000 Southern Contracting, Underground Technician 2 Years Skills •'• Various Project throughout southern CA • Proficient in Microsoft Installation of conduit, excavation and backfill of trenches, finish Office concrete and operation of equipment )avinst V, -nn gar✓i �.s, Ire, ?6955- PI -0 ;..ss Place Es•.ondido Ca 9x029 r.� 760 /do 2 da pl. g,)n• ?62 (j999 fax760, 7'16 2667nstrPirnser ir..: , wnn EOwnStream CONFIDENTIAL Services, Inc. Stephen Ruckle with Stephen's experience including 3 years of wastewater construction, 7 years of PLC Lead instrumentation programming, 7 years of industrial machine repair (both electrical and mechanical), 10 Technician years of electronics design, 2 decades of mechanical machine repair and a lifetime of computer programming he is capable of maintaining a wide range of wastewater and pumping systems. Troubleshooting and repairing instrumentation sensors, 4-20mA loops, relays, power supplies, PLC and HMI hardware and software, fuses, circuit breakers, solenoids, pump motors, contactors, pump motor overloads and many other components f. are well within his capabilities. t. r Downstream Services, Inc. 5 Years ' ❖ Naval Base Ventura County Project Value Operate and maintain all sewer and storm water main lines on Point $2,542,621 Mugu, Port Hueneme, and Saint Nicholas Island. Including design and implementation of a preventative maintenance program. Sewer flow monitoring and treatment. Pump station maintenance. Experience ❖ City of Oceanside Wastewater Treatment Plant Retrofit • 7 years Project Value Managed the installation of 8,600 LF of 30 -inch UV GRP liners in $143,869 failing sewer pipes. Project included installation of sewer bypass and Education manholes, heavy pipeline cleaning, extensive traffic control and coordination with the City. • Westwood College of ❖ Municipal and industrial Flow Monitoring Aviation /SDCCU: Various Calibrate, install, and collect deliverable information for flow Project Value Associate's—Airframe monitoring reporting for many projects from recording sewer inflows and Powerplant to assist in pump station design to complete collection system I and E studies. • SDCCU: Mechanical ❖ Special Project Robotics, Hardware, and Software Design Engineering 2007-10 Various Design, test, and build special projects such as flow monitoring Project automation for municipal rate structuring. Specializing in designing Values Certifications circuitry and software for automation of processes. • Confined Space Entry ':• Instrumentation, Various Projects Various • Traffic Control/ Various projects with government and private entities to maintain Project Flogger and repair waste and storm water instrumentation, flow monitoring, Values and pump systems. Included are Caltrans Orange County, City of El • Safety Training Segundo, Santa Monica, Anaheim, Pico Rivera, Naval Bases San Diego County, and various private organizations. Superior Gunite, Foreman/Superintendent UV Lining Division 2 Years Light train system maintenance, installation of finer_ Robotek, Electronics Design 2 Years Lead designer: Electronics, firmware and software. Hamilton Sundstrand, Turbine Engine Mechanic 3 Years Disassembly, inspection, reassembly of aircraft turbine engines. Dwilmstream Services, Inc. 285; Progress Place EscondidG CA 92029 ph 760 746 7544 Ph 800 262 0999 fax 760 746 2667 %viv,N.downstretimtervices.corn 2855 Progress Place Escon,dido CA 92029 T611 Free 800.262.0999 Local 760 746.2544 Fax 760.746,2667 info@downstreamservices.com I Alk 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. r 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. 1.0. 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. DOWNSER-n1 SVIIf I i .4-. R CERTIFICATE OF LIABILITY INSURANCE `—� DAT112/2022YY) 5/12/2022 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. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OC36861 San Diego-Alliant Insurance Services, Inc. 701 B St 6th FI San Diego, CA 92101 CONTACT Salvador Perez NAME: PHONEFAX Ext): (A/C, No): E-MAIL • salvador.perez@alliant.com INSURERS AFFORDING COVERAGE NAIC # 11/15/2021 INSURER A: Travelers Indemnity Company of Connecticut 25682 EACH OCCURRENCE g 1,000,000 INSURED INSURER B: Travelers Property Casualty Company of America 25674 INSURERC: DownStream Services, Inc. INSURERD: 2855 Progress Place Escondido, CA 92029 INSURERE: INSURER F : BCOMBINED 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE 'INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN D SUBR WVD POLI NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEI OCCUR X Owners & Contractor X C081-890612 11/15/2021 10/24/2022 EACH OCCURRENCE g 1,000,000 DAMAGE TO RENTED S 300,000 MED EXP (Any oneperson) S 10,000 X EBL, BlktAI,WOS,Pri PERSONAL& ADV INJURY $ 1'000'660 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X TEST F—]LOCPRODUCTS-COMP/OPAGG OTHER: GENERAL AGGREGATE S 2'000'000 S 2,000,000 Deductible Is 5,000 BCOMBINED AUTOMOBILE X X I LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS VN� AiJRTOS ONLY X AUOTOS yONLD X 81081-837211 11/15/2021 10/24/2022 SINGLE LIMIT 1,000,000 (Ea accident $ ' BODILY INJURY Per person)S BODILY INJURY Per accident S PeOr PER ent AMAGE g Comp/Coll Ded $ 1,000 B X UMBRELLA LI\B EXCESS L1AB X OCCUR CLAIMS -MADE CUP81_903833 11/15/2021 10/24/2022 EACH OCCURRENCE g 10,000,000 AGGREGATE S 10,000,000 DED I X I RETENTIONS 10,000 PRO -COM OPE AGG S 10,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ (Mandatory In BER EXCLUDED? H) If yes, describe under DESCRIPTION OF OPERATIONS below N /A X UB3R104531 10/24/2021 10/24/2022 PER OTH- X I TAT TE ER E.L. EACH ACCIDENT g 1,000,000 1,000,000 E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: SCADA System Antenna Pole Installation COP WT1801. The City of Seal Beach, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agent acting as independent contractors in the role of City officials are included as Additional Insureds on primary and non-contributory basis, waiver of subrogation applies. Thirty (30) Days' Notice of Cancellation applies. r'=DTICIr`ATP wni r1FR reNrFI 1 OTInN ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Seal Beach City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 - 8th Street Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: C081_890612 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 11/15/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION 11— WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. (1) Any "bodily injury", "property damage" or "Personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place,- (b) lace;(b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 0419 © 2018 The Travelers indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 POLICY NUMBER: C081_890612 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 11/15/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured — Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability — Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership, joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company; or SUBSIDIARIES b. A trust; The following is added to SECTION II — WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named Insured if. a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: b. After the date, if any, during the policy period a. Any "bodily injury", "property damage" or that you no longer maintain an ownership "personal and advertising injury" arising out of interest of more than 50% in such subsidiary. operations performed for the governmental For purposes of Paragraph 1. of Section If — Who entity; or Is An Insured, each such subsidiary will be b. Any "bodily injury" or "property damage" deemed to be designated in the Declarations as: included in the "products -completed operations hazard". CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 6. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section 11 — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION 1 — agreement. COVERAGES — COVERAGE A — BODILY E. CONTRACTUAL LIABILITY — RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "insured contract" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 © 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured a. Any premises while rented to you or contract" in the DEFINITIONS Section is temporarily occupied by you with permission deleted. of the owner; or F. DAMAGE TO PREMISES RENTED TO YOU b. The contents of any premises while such The following. replaces the definition of "premises premises is rented to you, if you rent such damage" in the DEFINITIONS Section: premises for a period of seven or fewer "Premises damage" means " consecutive days. g property damage to: CG D3 16 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: C081-890612 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insure's share is based on the ratioof its applicable limit of insurance to the total applicable limits of insuranceof all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or, agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit' is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the. Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 0219 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 81081-837211 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An .Insured, of SECTION If — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1.,. Who Is An Insured, of SECTION If — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11 — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to make such payments ends when we (5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE —INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION 111— PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or 'loss" ap- plies only when the. "accident" or 'loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph AA., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION 111 — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex - We will pay up to $400 for "loss" to wearing ap- tent required of you by a written contract parel and other personal property which is: signed and executed prior to any, "accident' or "loss", provided that the "accident' or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How - N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 @2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 81081-837211 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph S., Other Insurance, in B., General Conditions, of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part S. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule Of Additional Insured Persons Or Organizations is the first named insured when the written contract or agreement between you and that designated person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 42 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELERS!' AND COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: UB3R104531 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/24/2021 Policy No. UB3R104531 Endorsement No. Insured Premium Downstream Services, inc. Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 10/24/2021 ST ASSIGN: Page 1 of 1 POLICY NUMBER: C081-890612 POLICY NUMBER: 81081-837211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: Any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this endorsement. ADDRESS: The address for that person or organization included in such written request from you to us. PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11. © 2011 The Travelers Indemnity Company. All rights reserved. Page 'I of 1 Bond No. 30154011 Premium: $802.00 Subject to adjustment based on final contract price. THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA AGC DOCUMENT NO. 261 PAYMENT BOND for Use with AGC Document No 200, Standard Form of Agreement and General conditions Between Owner and contractor (Where the Contract Price Is a Lunrp Sunil and AGC bocumunl No. 250, Standard Form or Agreement and General Conditions 9elween Owner and Contractor (Where the Basis of Payment is a Guaranteed luta rinium Price with an Option for Preconstruction Services! The Owner, CitV of Seal and the Conlractor Down (the "Owner") , (the 'Contractor') have entered into a Contract (the "Contract") dated far SCADA System Antenna Pole. Installation (the "Project"), The Contract is incorporated by reference into this Payment Bond (the "bond-). By virtue of (his Gond, the Contractor as Principal and Western Surety Company as Surety + ("Surety"), are bound to the Owneras Obligae in 'the maximum amount a(- One Hundred Thirty Three Thousand Six + Hundred Seventy One Dollars and 001100 Dollars ($ 133.671.00 ) (the "Bond Sum"). + The Contractor and Surely`hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. 1- GENERAL CONDITIONS II is the condition of this Bond that if the Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the work requirid by the Contract, the Surety's obligations pursuant to this Bond are null and void. Otherwise the Surety's obligations shall remain in lull force and effect. The Surety waives any requirement to 6e notified of alterations or extensions of time made by the Owner in the Contract. 2. SURETY OBLIGATiON Every Claimant who has not been paid in full before the expiration of a period of ninety (90) days after such Claimant provided orperformed the last of the work or labor, or furnished the last of the materials for which said claim is made, may have a right of action on this Bond The Surety's obligation to the Claimant(s) shall not exceed the Bond Sum.. 3. LIMITATION OF ACTION No suit or action shall be commenced on this Bond by any Claimant: a. Unless Claimant, other than one having a direct Contract with the Contractor shall have given ,written notice to the Contractor, the Owrier and the Surety within ninety (90) days after the Claimant provided or performed the last of the work or labor, or fumfshed the last of the materials for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were tarnished, or for whom the work or labor was provided or perionned. Such notice shall be served by any means which provides written third party verification of doliv- ery to the Contractor at any place it maintains an office or conducts business, or served in any manner in which legal process may be served in the state in which the Project is located. b. After the expiration of one (1) year learn the dale on which (he Claimant last performed labor or furnished materials or equipment on the Project. If this provision Is prohibited by law, the minirnunt period of limitation available to sureties in the jurisdiction shall be applicable. c. Other than in any court of competent jurisdiction in the location in which The Project is located 4 CLAIMANT A Claimant is defined as an individual or enU(y having a direct contract with file Contractor or having a con- tract with a subcontractor having a direct cordract with the Contractor to furnish labor, materials or equipment for use in the performance of the .Conlract. This Sandi ntered into as of May 11, 2022 } SURETY Western Surety Company (seal) + CONTRACTORDowr9stream Services, Inc. (seal) } By: f By: ,f,,} Print Na a Lawrence F. McMahon 4 Print Name: Print "frlle: Attorney -in -Fact (Attach Power f4(or y WilnGss:- Maria Guise (AdStional signatures, if any, appear oro al(ached page) AGC DOCUMENT N0.261 • PAYMENT 8014D B20M, The Assaciaied General Contractor, of Antirrica + Witness: � L`t'll7�i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, fo_ which this cert STATE OF CALIFORNIA ificate is attached, and not the truthfulness; accu acy or alidityof that document. County of San Diego I On MAY 1 12022 before me, Maria Guise Notary Public, Date Insert Name of Notary exactly as it appears on theofficial seal personally appeared Lawrence F. McMahon Name(s) of Signers) MARIA GUISE '. COMMISSION #2283717 Notary Public - California g ORANGE COUNTY My Comm. Expires Apr., 14� 2�� who proved to me on the basis 'of satisfactory evidence to be the person.(#h whose named isl�j' subscribed to the within instrument and acknowledged o me that hel�jy�JJ)`/� executed the same in hislJj#iy�tif t authorized capacity(#,l## and that by his/H#jyXWslgnature(#h on the instrument the persona, or the entity upon behalf of which the meetpersohe acted,. executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o, 'cial seal. Signature bw Place Notary Seal Above Signature of Notary ublic Maria Guise OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Comnany Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lawrence F Me Mahon, Sarah Myers, Janice Martin, Christopher J Conte, Lilia De Loera, Individually of San Diego, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings, and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of July, 2021. SURErt'"y WESTERN SURETY COMPANY I.QOQPCb. a�r>Yto � aul'T. Braflat, Vice President State of South Dakota ss County of Mimrehaha On this 16th day of July, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. I W„\wM,\w,\w\wN,ww L My commission expires M. BENT Mn0TARr PUOLIC g i i March 2, 2026 , scum caxorA I M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this I' lth day of May, 2022. gc33 WESTERN SURETY COMPANY y woe qr�}y� x �+orar L. Nelson, Assistant Secretary Fonn F4280-7-2012 Go to www.cnasurety.com > Owner I Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.