Laguna Niguel City Council
August 16, 2022

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: August 16, 2022
SUBJECT: Approval of Maintenance Services Agreement for Citywide Holiday Lights and Decorations with Bapptree Landscaping, Inc., dba Shine Illumination

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Maintenance Services Agreement for Citywide Holiday Lights and Decorations with Bapptree Landscaping, Inc., dba Shine Illumination in the not-to- exceed amount of $115,105 per year for Fiscal Years 2022-23 through 2024-25, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency per year of the total contract in the amount of $23,021 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to- exceed amount of $138,126 per year, if needed; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Bapptree Landscaping, Inc., dba Shine Illumination, subject to the City Attorney making non-substantive changes.

BACKGROUND
The development, execution and promotion of a cohesive holiday program is a key goal of the City's holiday celebrations. Each year the City supports a Holiday Lights and several City owned facilities (see vicinity map in Attachment "A"). Installations include an entry marquee with garland, lights, and other décor at City Hall, Christmas tree decorations, interior and exterior decorations at City Hall, Crown Valley Community Center and Sea Country Senior and Community Center along with decorations at other highly visited City facilities.

Contract services play a key role in the delivery of maintenance and special projects as they provide access to expert service that is efficient, responsive, and available as needed. In support of City Council Goal 6 (Communication and Community Outreach) of the City's Strategic Plan, the Public Works Department utilizes a holiday lighting and decorations contractor to support the Holiday Lights and Decorations Program.

In May 2022, staff published a Request for Proposals (RFP), shown in Attachment "B", to identify the most qualified contractors to support the Holiday Lights and Decorations Program. In coordination with the Parks & Recreation Department, the Public Works Department is responsible for the oversight of the City's Holiday Lights and Decorations Program.

ANALYSIS
The RFP requested the installation and removal of holiday lights and decorations on median trees and City facilities. The RFP requested flat rates for labor and material costs and included a list of installation locations. The flat rates were requested to develop a base bid for cost comparison purposes during the RFP evaluation process. The RFP also included optional add-ons to install additional holiday lighting and decorations as required.

In response to the RFP, four qualified proposals were received. The proposals were evaluated based on the following five criteria: (1) Cost Breakdown; (2) Completeness of the Proposal; (3) Experience; (4) Quality of Goods; and (5) Proposer's Financial Stability.

The RFP Evaluation Sheets can be found in Attachment "C". Table A displays the total cost of each proposal.

Table A:

Rank Contractor Optional
Base Bid Total
Add-Ons
1 Bapptre Landscaping Inc. dba Shine
$87,545 $27,560 $115,105
Illumination (Recommended)
BrightLife Designs $89,104 $27,370 $116,474
3 St. Nick's $143,960 $26,970 $170,930
4 Dekra-Lite $406,205 $319,264 $725,469
Pursuant to Laguna Niguel Municipal Code Section 3-6-9, maintenance contracts of an estimated expenditure of $50,000 or more must be awarded based on the responsiveness of the bids to the RFP, the qualifications and experience of the contractors, and the amount of the price or prices included in the bids. After a thorough review of the proposals received, and based on all relevant factors, staff believe Bapptre Landscaping Inc. dba Shine lilumination represents the best overall value to support the Holiday Lights and Decorations Program.

Staff recommends that the City Council approve the Maintenance Services Agreement with Bapptre Landscaping Inc. dba Shine Illumination in the not-to-exceed amount of $115,105 per year for Fiscal Years 2022-23 through 2024-25, subject to extension

administratively for two additional one-year periods. In addition, the Agreement will include a not-to-exceed 20% contingency per year of the total contract in the value of $23,021 for additional work for a total not-to-exceed amount of $138,126 per year. The Maintenance Services Agreement with Bapptre Landscaping Inc. dba Shine Illumination can be found in Attachment "D".

ALTERNATIVES CONSIDERED

1. The City Council may direct staff to reject all proposals and rebid the RFP for Holiday Lights and Decorations. Staff believes that re-advertising and rebidding will not result in more desirable quotes.

2. The City Council may decide not to approve the Maintenance Services Agreement with Bapptre Landscaping Inc. dba Shine Illumination. This alternative will result in the cancellation of the Holiday Lights and Decorations Program.

FISCAL REVIEW
There is adequate funding in the Fiscal Year 2022-23 Public Works Department budget to fund the cost of the Holiday Lights and Decorations Program. Subject to City Council approval, funding for the Holiday Lights and Decorations Program will be budgeted in subsequent fiscal years.

LEGAL REVIEW
The City Attorney's Office has reviewed the Agreement and this staff report and has approved all documents as to form.

CONCLUSION
Staff recommends that the City Council:

1. Approve the Maintenance Services Agreement for Citywide Holiday Lights and Decorations with Bapptree Landscaping, Inc., dba Shine Illumination in the not-to- exceed amount of $115, 105 per year for Fiscal Years 2022-23 through 2024-25, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency per year of the total contract in the amount of $23,021 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to- exceed amount of $138, 126 per year, if needed; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Bapptree Landscaping, Inc., dba Shine Illumination, subject to the City Attorney making non-substantive changes.

Lamara S Betonsneau
Tamara S. Letournead Nicholas Ghirelli
City Manager City Attorney
sala
Jacki Scott Bruce Lindemann
Public Works Director/City Engineer Maintenance Services Manager Attachments:

A. Vicinity Map
B. RFP for Citywide Holiday Lights and Decorations
C. RFP Evaluation Sheets
D. Maintenance Services Agreement with Bapptree Landscaping, Inc., dba Shine Illumination for Citywide Holiday Lights and Decorations

ATTACHMENT A
Vicinity Map
LEGEND Pacific Park Dr
Streets with Median
Tree Lighting Sea Country Senior and
Community Center
Sites with Holiday
Decorations
Laguna Niguel Skate
Park Marquees
Alicia Pkwy
Crown Valley Pkwy
Crown Valley Park
Community Center
City Hall
Niguel Rd
Holiday Lights and Decorations Program
Vicinity Map

ATTACHMENT B
RFP for Citywide Holiday Lights and Decorations

THA COUNTE
1989

CITY OF LAGUNA NIGUEL
REQUEST FOR PROPOSALS (RFP 2022-09)

CITYWIDE HOLIDAY LIGHTS AND DECORATIONS

INSTALLATION AND REMOVAL OF MEDIAN TREE LIGHTING
Proposals must be received by:

Due Date: June 2, 2022
At 5:00 P.M.

TABLE OF CONTENTS
INSTRUCTIONS TO PROPOSERS... 4
EXHIBIT A - SCOPE OF SERVICES. 13
INTRODUCTION 13
QUALIFICATION 13
Entrance Drive to City Hall- After Turn: 14
PERFORMANCE STANDARDS ...

DEFICIENT IN PEFORMANCE...

CONTRACT TERM...

INITIAL YEARS OF SERVICE....

NINETY CALENDAR DAYS EXTENSION OPTION.

REDUCTION

BARRIERS

EQUIPMENT, MATERIALS AND VEHICLES

VECHILE

VEHICLES LOGO

EQUIPMENT NOISE

WATER USAGE
DAMAGES.

LABOR

LABOR CODE

PREVAILING WAGE

TRAVEL AND SUBSISTENCE PAYMENTS

WORKER'S COMPENSATION

FAIR EMPLOYEMENT PRACTICES

RECORDS

PERSONNEL
SUPERVISOR 25
GENERAL EMPLOYEE GUIDELINES 25
BACKGROUND 25
CONDUCT 2 5
HEALTH 26
MINIMUM MANPOWER 26
BACKUP STAFF 26
REPLACING KEY PERSONNEL 26
NON-DISCRIMINATION 26
REMOVAL OF ITEMS 27
TRAINING 27
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

RESPONSIBILITIES OF THE CONTRACTOR

CONTRACTOR'S OFFICE/FACILITIES

INSURANCE
SAFETY

PROTECTION AND RESTORATION
UNIFORMS AND APPEARANCE..

WORKSITE LIMITS

PROSECUTION OF THE WORK
GENERAL ENVIRONMENTAL REQUIREMENTS.

WATER CONSERVATION

WATER POLLUTION

INCIDENTAL WORK

PAYMENT

AUTHORIZTION TO PERFORM SERVICES

INVOICING
RFP INQUIRY FORM.

RESPONSES TO SCOPE OF SERVICES

PROPOSAL FORM

PROPOSAL FEE SHEET

LOCATION MAP

SUBCONTRACTORS
QUESTIONNAIRE: FIRM INFORMATION
QUESTIONNAIRE: FIRM EXPERIENCE
QUESTIONNAIRE: FIRM PERSONNEL
QUESTIONNAIRE: EQUIPMENT

QUALITY CONTROL PLAN
QUESTIONNAIRE: SUPPORT FACILITIES
QUESTIONNAIRE: COMPANY FINANICAL CONDITION
PROPOSAL AFFIDAVIT.

PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS ..

STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS.....

WORKERS' COMPENSATION INSURANCE CERTIFICATE ...............

SAMPLE MAINTENANCE SERVICES AGREEMENT......................

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

INSTRUCTIONS TO PROPOSERS
Purpose. The City of Laguna Niguel ("City") is seeking proposals for Installation, Rental and Removal of Holiday Lights and Decorations at City Sites and Installation, Maintenance ad Removal of Median Tree Lighting for the City of Laguna Niguel as described in the Exhibit A - Scope of Services.

Contract Term. The initial contract term shall be for a period of three (3) years* effective from date of award. The City reserves the right to cancel at any time if services rendered are unsatisfactory. The City also reserves the right to extend the term of this contract for two (2) additional one (1) year extensions subject to satisfactory negotiation of terms and the annual availability of an appropriation.

Such nominations of extensions will be made no later than ninety (90) days from termination date.
* Depending upon when the contract will be awarded, this may be different.

California Department of Industrial Relations (DIR) Requirements.

The Bid Proposal of a Bidder who is not a DIR Registered Contractor when the Bid Proposal is submitted will be rejected for non-responsiveness.

4. Prevailing Wages. The Contractor shall pay a prevailing rate of wage for work described in the Contract's scope of work and ensure compliance with state prevailing wage law. Consistent with state law, the wages that the Contractor pays its employees must be altered annually, after the first year of the Contract period, to recognize and follow the increase in applicable prevailing wage rates promulgated by the Department of Labor and Industries.

Bonds. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within 15 Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

6. Examining of Proposal Documents.

The submission of a proposal shall be deemed a representation and certification by the Contractor that they:

A. Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of this proposal.

B. Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

C. Represent that all information contained in the proposal is true and correct.

Did not, in any way, collude; conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer regarding the amount, terms or conditions of this proposal.

E. Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.

F. No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed to any fact or condition.

G. Have contemplated and included any and all increases in prices or wages as a result of, but not limited to minimum or prevailing wages, and the Consumer Price Index or any other such indices in its cost proposal, for the entire length of the Contract term as described herein. Any failure of the Contractor to incorporate such price or wage increases in its cost proposal will not obligate the City to make any increases in not-to-exceed amounts during the term of the resultant Contract.

7. Measurements - Contractor's (Proposer's) Responsibility. It is the Contractor's responsibilities to verify all measurements, materials or any other information pertaining to this RFP service. Furthermore, it is the proposer's responsibilities to bring any discrepancies in the information provided by the City in the RFP to the City's attention prior to the proposal's deadline.

8. Bid Authorization. Any person logging into the electronic procurement system to execute an e-Bid or any other e-document required by the City must be authorized, either in a personal or representative capacity, to access and submit such bid documents. If the person does business under his or her own name, that person shall login under his or her own login and PIN as authorized by the City's electronic procurement system provider. If the person does business under a fictitious business name, that person shall login under his or her own login and PIN as authorized by the electronic procurement system provider. If the person logins for and on behalf of a partnership, the person shall do so with his or her authority t ign/login under his or her own login and PIN as authorized by the electroni procurement system provider.

9. RFP Schedule. The City reserves the right to modify this RFP Schedule as needed and will issue an addendum, if the Schedule is modified for the deadline to submit the Response. The following is an outline of the anticipated schedule for proposal review and contract award:

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

Milestone Tentative Target Dates
City Release of RFP May 05, 2022
Pre-Bid Meeting & Job Walk Not Required - Proposers
shall be responsible to visit
City Hall sites and estimating
30111 Crown Valley Parkway equipment and time required
Laguna Niguel, CA 96277 so healete tasks on
Crown Valley Community Center
29751 Crown Valley Parkway
Laguna Niguel, CA 96277
Sea Country Senior and Community Center
24602 Aliso Creek Road
Laguna Niguel, CA 96277
Laguna Niguel Skate Park
27745 Alicia Parkway
Laguna Niguel, CA 96277
Center Medians Throughout the City
Final Questions Due No Later than 5:00 P.M.
*Must use Attachment X - RFP Inquiry Form May 19, 2022
Addendum Issuance 5:00 P.M.

May 26, 2022
Proposal Due
Citywide Holiday Lights and Decoration 5:00 P.M.

Proposals shall be submitted through the PlanetBids. June 02, 2022 (City's electronic procurement system)
Notification of Selection June 09, 2022
Tentative Contract Approval by City Council July 19, 2022 RFP Questions and Inquires. Questions and Inquires must be presented on the RFP Inquiry Form on PlanetBids and are due as noted in the table above.

11. Addenda. Any City of Laguna Niguel changes to the requirements will be made by written addendum to this RFP.
ity of Laguna Niguel - Public Works Departmeni
FP2022-09 Citywide Holiday Lights and Decoratic

A. The City of Laguna Niguel will not be bound to any modifications or deviations from the requirements set forth in this RFP as the result of oral instructions.

B. The City will not distribute Addenda. Any addendum pertaining to this RFP will be posted on the PlanetBids and the City's posting of Addenda on this webpage is deemed as the City's distribution of Addenda.

C. Contractors shall acknowledge the number of addenda issued on the Proposal Form. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed non-responsive.

12. Mandatory Job Walk.

No Pre-Bid meeting is scheduled at this time for this project. Site visits may be conducted by bidders by their own accord.

13. Submittal of Proposals.

Bids shall be submitted through the City's electronic procurement system (PlanetBids). Any Bid which is attempted to be delivered or which is received after the stated time shall be deemed non-responsive and rejected. The Bidder shall have the sole and exclusive responsibility for ensuring that a Bid is received by the time stated herein. Any Bid that is incomplete, unclear, or that fails to fully comply with the applicable requirements set forth herein, including, but not limited to, use of the forms provided by the City, may be rejected as nonresponsive.

All proposals must be submitted on the City forms. The proposals must be submitted by the time and date as noted on the cover page.

A. Late Proposals will not be accepted. It is the Contractor's responsibility to see that the proposal is received at the proper time.

B. No FAX submittals will be accepted.

C. See the Responses to Scope of Services for the checklist and organization of the proposal submittals.

14. Review and Selection Process. The best value bid will be determined by the City from a thorough evaluation of all factors. At the City's discretion, companies submitting proposals may be asked to interview with City Staff to clarify work plans and to ensure the contractor has a complete understanding of City expectations. ity of Laguna Niguel - Public Works Departmer
FP2022-09 Citywide Holiday Lights and Decoratio

EVALUATION CRITERIA POINTS
Cost to the City.

This portion of the proposal will be evaluated based on reasonableness of the proposed costs. Costs will be evaluated on costs the City or other 45 comparable public agencies have paid for similar services, and in accordance with what is to be considered with the industry's standard and customary costs for the Services.

Completeness of the proposal:
• Answer all questions and complete all forms as provided in this RFP 10
• Submit in an organized fashion as required under Response to the Scope of Service.

Qualifications & Experience
• Firm Experience & Performance*
• Firm Personnel 25
• References
Quality of Goods and Support Facilities
• Equipment 15
• Support Facilities
Proposer's financial stability. 5
In order to allow staff to accurately and fairly evaluate the proposal, the attached questionnaire must be completed and returned with the proposal package. Failure to submit this questionnaire in its entirety will disqualify your proposal.

Contractors failing to provide adequate information on any issue in a timely manner necessary to allow a comprehensive evaluation by the City will be considered unresponsive and their proposals may be subject to rejection at the City's sole discretion.

Please be assured that your response will be confidential and will not be shared with other contractors. For additional assurance the Contractor may stamp all Questionnaire pages "Confidential".
*The Contractor's performance with the City on either the current or previous contract service will be considered as part of the evaluation process. Please note, the history of performance deficiency will lower the ranking score for the Contractor.

15. Local Business. The City has adopted a local preference program for businesses located within the City of Laguna Niguel limits. The business must have fixed offices within the City's boundaries and must include a copy of a Business License that supports the local preference status. One (1%) Percent of the Contractor's total ranking score will be added to the Contractors ranking score, if the local preference status is met.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

16. City's Right to Negotiate. The City reserves the right to negotiate with the top- ranked Contractor on any aspect of the services and products (if applicable) at its sole discretion. In the event that information or pricing submitted by the Contractor is unclear to the City, the City may request additional information and/or pricing breakdowns from that Contractor. The Contractor must answer, in writing, such requests for additional information and/or clarification; these responses will become part of the vendor's proposal.

If the negotiation is unsuccessful with the top-ranked Contractor, the City may then go down the line of Contractors according to rank and negotiate with the next highest-ranking Contractor. Lower-ranking Bidders do not have a right to participate in negotiations conducted in such a manner.

17. Method of Award. The City reserves the right to reject any or all offers, to waive any discrepancy or technicality and to split or make the award in any manner determined by the City to be most advantageous to the City. The City recognizes that costs are only one of several criteria to be used in judging an offer and the City is not legally bound to accept the lowest offer.

If a proposal is accepted, the City will enter into a contractual agreement with the selected Contractor. If an agreement cannot be reached, negotiations with the second ranking Contractor shall commence.

18. Notification of Award. The selection committee will make a recommendation to the awarding authority. The acceptance of the proposal will be evidenced by written Notice of Award from the City's Public Works Department to the successful Contractor.

Contractors who submit a proposal in response to this RFP shall be notified by email regarding the firm who was awarded the contract.

19. Contract Requirement. The Contractor to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal.

The contract shall be made in the form adopted by the City and incorporated in these specifications.

20. Rights of the City of Laguna Niguel. The City reserves the right to accept or reject any or all proposals, waive any informalities or irregularities in the proposals, request additional information or revisions to the proposals, and to negotiate with any or all Contractors.

A. The City of Laguna Niguel reserves the right to withdraw this RFP at any time without prior notice and the City of Laguna Niguel makes no City of Laguna Niguel - Public Works Department
FP2022-09 Citywide Holiday Lights and Decoratio

representations that any contract will be awarded to any Contractor responding to this RFP.

B. The City of Laguna Niguel reserves the right to postpone the proposal opening for its own convenience.

C. The City of Laguna Niguel reserves the right to issue a new RFP for the work.

D. Proposals received by the City of Laguna Niguel are subject to public inspection under the California Public Records Act (Government Code Section 6250 et seq.), unless exempt and will be made available upon request after award.

E. Proposals submitted are not to be copyrighted.

The City of Laguna Niguel reserves the right to require confirmation of information furnished by any Contractor and/or request any Contractor to provide additional evidence of qualifications to successfully perform the work.

G. The City of Laguna Niguel reserves the right to hold discussions and/or negotiations with any individual or qualified firm, to interview or not, to request additional information or revised proposals or to request best and final offers (BAFO) if it is in the best interest of the City to do so. However, the City may make an award without conducting any interviews or negotiations; therefore, Contractors are encouraged to submit their best proposal at the outset.

21. Withdrawal of Proposals. Contractor may withdraw their proposal any time before the date and time when proposals are due, without prejudice, by submitting a written request for withdrawal to the City Public Works Director. Verbal withdrawal requests or withdrawal requests by telephone will not be accepted by the City.

22. Criminal Background Check. The contractor is required to provide security checks for all personnel assigned to work under this contract. The Contractor will be responsible for the costs associated with this process. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check.

23. Submittal References. Each Contractor shall submit a list of references on the form provided in the RFP package.

24. Disqualification. Factors such, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

A. Evidence of collusion, directly or indirectly, among Contractor regarding to the amount, terms or conditions of this proposal.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

B. Any attempt to improperly influence any member of evaluation team.

C. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer, and the City.

D. Evidence of incorrect information submitted as part of the Proposal.

E. Evidence • of Contractor's inability to successfully complete the responsibilities and obligation of the proposal.

Proposer's default under any previous agreement with the City, which results in termination of the Agreement.

25. City Request for Additional Information. The City reserves the right to request additional information to clarify the proposals.

26. Insurance Requirement. It is required that every Contractor/Firm/Vendor working for the City shall meet the minimum insurance requirements. The purpose of this submittal is to generally assess the adequacy of the Contractor's insurance coverage during proposal evaluation. Endorsements are not required until contract award.

A. The Contractors are required to complete the Insurance Acknowledgement form as part of the Proposal submittal.

B. Worker's Compensation Form
C. Sample of the Insurance Certificate is provided for reference.

27. Pre-Contractual Expenses. The City of Laguna Niguel shall not, in any event, be liable for any pre-contractual expense incurred by the Contractor in the preparation of its proposal. Pre-contractual expenses are defined as expenses incurred by the Contractor in:

A. Preparing its proposal in response to this RFP
B. Submitting its proposal to the City of Laguna Niguel C. Any other expenses incurred by Contractor prior to date of award

28. Joint Offers. Where two or more Contractors desire to submit a single proposal in response to this RFP, they shall do so on a prime-sub-Contractor basis rather than as a joint venture. The City of Laguna Niguel intends to contract with a single firm and not with multiple firms doing business as a joint venture.

29. Non-Conforming Proposal. A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.

30. Public Records. Proposers are hereby informed that all submitted proposals City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

shall become the property of the City upon receipt. Submitted proposals shall be subject to disclosure pursuant to the California Public Records Act. Therefore, confidentiality notices included in proposals such as notices stating that a proposal is confidential and may not disclosed, or that the proposal contains trade secrets or confidential, proprietary information, shall have no force or effect and shall be disregarded. However, following submission of proposals, no submitted proposal shall be publicly disclosed until: (i) a recommendation to award a contract to a specific proposer is made to the City Council; (i) all proposals are rejected; or (ili) the procurement process is terminated.

END OF INSTRUCTIONS TO PROPOSERS
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

EXHIBIT A - SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel seeking an experienced firm/company to perform Installation, Rental and Removal of Holiday Lights and Decorations at City Sites and Installation, Maintenance and Removal of Roadway Median Tree Lighting.

The term "Contractor" will be referred as an individual, partnership, corporation, joint venture, or other legal entity entering into a contract with the City to perform the work.

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• Minimum of Five (5) full years of experiences similar work • Work experience with Cities, Counties, local government agencies • Contract services amount greater than $50,000 annually

SERVICES TO BE PROVIDED
The work to be performed shall consist of furnishing all labor, materials and equipment necessary to install and remove the holiday lights and decorations for City sites and install, maintain and remove the holiday lighting for the landscape median trees within the City of Laguna Niguel.

City Hall
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Crown Valley Park Community Center
29571 Crown Valley Parkway
Laguna Niguel, CA 92677
Sea Country Senior and Community Center
24602 Aliso Creek Road
Laguna Niguel, CA 92677
Laguna Niguel Skate Park Marquees
27745 Alicia Parkway
Laguna Niguel, CA 92677
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

Center Medians Throughout City:

Alicia Median Parkway-Trees 1-25 (25 Trees and 544 Strands) Crown Valley Parkway Median -Trees 26-31 (6 Trees and 168 Strands) Niguel Road Median -Trees 32-37 (6 Trees and 96 Strands) Pacific Park Drive -Trees 38-39 (2 Trees 92 Strands)

CITYWIDE HOLIDAY LIGHTS AND DECORATION INVENTORY & LOCATIONS City Hall
City Hall Entrance Marquee:
• City Hall Entrance Marquee- Install pre-lit commercial garland decorated with premium decor package silver and gold on top of monument Wall. • Install (20) strands of mini lights in lower hedge around base of monument. • Install (15) strands of mini lights; pure white/ warm white with strobe in (4) Trees wrapped at 3" spacing into canopy of tree.

Entrance Drive to City Hall- After Turn:
• LEFT TREES: Install (20) strands of mini lights; pure white/ warm white with strobe in (4) Trees wrapped at 3" spacing into canopy of tree. • RIGHT TREES: Install (20) strands of mini lights; pure white/ warm white with strobe in (6) Trees wrapped at 3" spacing into canopy of tree. • CENTER MEDIAN TREES: Install (10) strands of mini lights; pure white/ warm white with strobe in (4) Trees wrapped at 3" spacing into canopy of tree.

City Hall Entrance Medjool Palm trees in (2) Planter Boxes:
• Wrap each palm with approximately ten (25) strands of pure white/ warm white strobe, mini-LED lights. Pineapple of Palm to be wrapped at 1" spacing. • Installation of (15) select Palm Branches wrapped along fronds with warm white and pure white mini lights with strobe in lower canopy (NOTE: 60' Boom Required).

CitY 202209 Cid Polday Lonks and Decoration

History Walk Trees (14) in Walkway to Police Services:
• Wrap each tree (14) with approximately ten (10) strands of pure white/ warm white strobe, mini-LED lights.

Christmas Tree:

Decorate the City tree located off the main parking lot with approximately 2,000 warm white/pure white, LED C9 bulbs. The tree must be appealing both during the day and night. The color scheme is Silver and Gold. Ornaments shall be six (6), eight (8), and twelve (12) inches in size. Installed with 32" Pure White. The installation requires the rental of a boom lift, which shall be included in the overall price.
• (9) Outdoor colorful gifts under City Hall Pine Tree Provide (9) lighted gift boxes in 3 difference sizes.

City Hall Building:
• Install pre-lit and decorated commercial garland with silver and gold ornaments over the entrance doors to City Hall. The garland shall match the "Community Room" sign garland.
• Provide and install pre-lit twelve (8)-foot wreath above the entrance doors. The colors shall be silver and gold.
• Install perimeter lighting around the exterior roof lining of the building. Attach LED C9 bulbs on stringer wire with twelve (12)-inch spacing along the roof line of City Hall. 1,300 Linear Feet. Special Lift Required for some areas. • Install pre-lit and decorated commercial garland with silver and gold ornaments over the "Community Room" sign.
• Install pre lit and decorated sixty (60)-inch wreath above the "Community Room" sign. The wreath shall be decorated with silver and gold ornaments for a traditional look.

City Monument Wall Facing Alicia Parkway and Crown Valley:

Install sixty (60) feet of pre-lit decorated commercial garland swaggered along the top of the wall.

Tree behind monument wall wrap the tree with approximately (15) strands of pure white/ warm white with strobe, mini-LED lights.

City Hall Courtyard:
• Installation of (40) strands warm white mini lights in bushes around "We the City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

People".
• Install pre-lit and decorated commercial garland with silver and gold ornaments over the sides and top of We the People Monument. Installation method should secure garland without damaging monument.
• Installation of (20) strands warm white mini lights in bushes.

City Hall Lobby:
• Prepare a 2- (12foot) foot pre-lit LED artificial tree with all decorations, tree skirt under the tree. The tree shall be decorated with silver and gold ornaments along.

There shall also be a decorated topper. Please estimate how many bulbs the tree should have to look nice and get a "wow" effect. See Photo for reference. • Prepare (1) 8' foot pre-lit LED artificial tree with all decorations, tree skirt under the tree. The tree shall be decorated with silver and gold ornaments along. There shall also be a decorated topper. Please estimate how many bulbs the tree should have to look nice and get a "wow" effect. See Photo for reference. • Prepare (1) 8' foot foot pre-lit LED artificial tree with all decorations, tree skirt under the tree. The tree shall be decorated with silver and gold ornaments along.

There shall also be a decorated topper. Please estimate how many bulbs the tree should have to look nice and get a "wow" effect. See Photo for reference.

Crown Valley Park and Community Center
Entrance to Community Center:
• Install pre-lit and decorated commercial garland with silver and gold ornaments on each archway post. Each post is approximately 17 feet high, and the garland needs to be wrapped around each post going up.
• Install perimeter lighting around the perimeter lining of the Crown Valley Park sign.

Attach LED C9 bulbs on stringer wire with twelve (12)-inch spacing along the perimeter. The sign is approximately 50 feet wide and 4 feet high. • (6) Pots going along bridge- 3 on each side installed with (3) 24" spritzers at staggering heights in each pot.
• Install ninety (90) feet of pre-lit decorated commercial garland along the top of the lower wall.
• Install (20) Strands of pure white/ warm white strobe lights in lower shrubs above garland.
• (3) Around Corner Monument Entrance to Community Center installed with (3) 24" Spritzers with chrome stakes at staggering heights in each pot • Prepare a twelve (12)-foot pre-lit LED artificial tree with all decorations, tree skirt and wrapped presents under the tree. The tree shall be decorated with silver and gold ornaments. There shall also be a decorated topper.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

Sea Country Senior and Community Center
Sea Country Senior and Community Center:
• Marquee Signs at Corner of Moulton Parkway. Install pre-lit commercial garland decorated with ornaments, silver and gold. Install a twenty-four (24)-inch red bow with gold lining for each marquee sign.
• Marquee Signs at Corner of Moulton Parkway and Aliso Creek. Install pre-lit commercial garland decorated with ornaments, Silver, and gold. Install a twenty- four (24)-inch red bow with gold lining for each marquee sign. • Wrap the trunk and branches of the large oak tree located in the parking lot with one hundred (100) count warm white, mini-LED lights (approximately 35 light strands) starting from the base of the tree and ending approximately fifteen (15) to eighteen (18) feet up the tree. Tie one (1) large gold bow on tree. • Install permit lighting around the exterior roof lining of the building. Attached LED C9 Bulbs on Stringer wire with 12" spacing along the roofline of Sea Country Community Center. (Installation approx 1500')
• Prepare a twelve (12)-foot pre-lit LED artificial tree with all decorations, tree skirt and wrapped presents under the tree. The tree shall be decorated with silver and gold ornaments. There shall also be a decorated topper.

Laquna Niguel Skate Park
Laguna Niguel Skate Park Marquees:
• Entrance Marquee Signs (2) at Each Parking Lot Entrance. Install pre-lit commercial garland decorated with ornaments, Silver and gold. Install a twenty- four (24)-inch gold bow with gold lining for each marquee sign.

City Wide
Center Median Trees Throughout City:
• Alicia Median Parkway - Trees 1-25 (25 Trees and 544 Strands). Lights currently owned by City.
• Crown Valley Parkway Median - Trees 26-31 (6 Trees and 168 Strands). Lights currently owned by City.

Niguel Road Median - Trees 32-37 (6 Trees and 96 Strands). Lights currently owned by City.

Pacific Park Drive - Trees 38-39 (2 Trees 92 Strands). Lights currently owned by City.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

OPTIONAL (TO BE INSTALLED IF REQUESTED BY THE CITY)
City Hall Entrance Marquee:
• Installation of (4) 24" Spritzers in pot behind monument around agave. • Installation of 24" Spritzers (4) per Tree installed at random heights and spacing throughout the canopy of each tree.

Entrance Drive to City Hall - After Turn:
• LEFT TREES: Installation of 24" Spritzers (6) per Tree installed at random heights and spacing throughout the canopy of each tree.
• RIGHT TREES: Installation of 24" Spritzers (6) per Tree installed at random heights and spacing throughout the canopy of each tree. • CENTER MEDIAN TREES: Installation of 24" Spritzers (3) per Tree installed at random heights and spacing throughout the canopy of each tree.

Christmas Tree:
• Installation of (15) warm white / pure white 24" spritzers to be installed in the tree. • Installation of (15) pure white 24" starburst to be installed in the tree. • 6' JOY Display and photo op set next to Christmas Tree and Gift Boxes. • (2) 48" Spritzers at Random Heights 4', 8' and 12'.

History Walk Trees (14) in Walkway to Police Services:
• (4) Light poles wrapped with (2) ea. Lighted garland with premium decor package and 18" gold bow at top.

City Hall Courtyard:
• Installation of (6) 24" Spritzers in front of We the People planter. On 2-4' Chrome Staked Risers. Set at varying heights.
• (4) 48" Spritzers at Random Heights 4',8' or 12'. 2 on each side. • (1) 12' Walkthrough Ornament.
• Installation of (10) 24" Spritzers in front of We the People planter. On 2-4' Chrome Staked Risers. Set at varying heights.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

DESCRIPTION OF SERVICE
Installation, Rental and Removal of Holiday Lights and Decorations at City Sites and Installation, Maintenance and Removal of Median Tree Lighting.

PERFORMANCE STANDARDS
The contractor shall:
• Holiday lighting on the Thursday and Friday of the week prior to the Thanksgiving holiday for the life of the contract.
• Remove holiday lighting and decorations after January 2nd and complete by January 8th for the life of the contract.
• Provide all commercial grade light emitting diode ("LED") lights. Prices are to include installation and removal of all materials such as extension cords, clips and other items as needed. All products shall be leased to the City for the entire term of the season except for the tree topper for the outdoor Christmas Tree. • Provide repair and/or service of lights that malfunction. • Install all decorations with self-adhesive hooks. No drilling or screws shall be used. • Use only gaffer tape for cords (color and brand to be approved by the City). • Provide insurance in accordance with Proposed Agreement and shall list the City as additionally insured on the insurance certificate.
• Have samples of all decorations pre-approved by City Staff Prior to installation. • For the median tree lighting, the Contractor shall:
• Furnish all necessary labor, tools, material, and equipment necessary to install, maintain and remove the median tree holiday string lights and electrical systems) related to each tree belonging to the City of Laguna Niguel. There are thirty-nine (39) individual trees.
• Note: All median tree holiday lights shall be provided by the City of Laguna Niguel.
• Be professional and current with the times utilizing state-of-art methods and equipment considered to be acceptable under existing City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

standards.

DEFICIENT IN PEFORMANCE
The Contractor shall be notified both verbally and in writing, each time its performance is unsatisfactory and corrective action is necessary.

The Contractor shall complete corrective action within 24 hrs of verbal notification.

City reserves the right to DEDUCT from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the facility, with associated deduction calculation will be furnished to the Contractor prior to a deduction being made. All work determined by the Building Facilities Supervisor or his/her designee to be defective or deficient in any of the requirements shall be remedied by the Contractor at Contractor's expense and in a manner acceptable to the City of Laguna Niguel.

CONTRACT TERM

INITIAL YEARS OF SERVICE
This contract shall be for a period of three (3) years* from the date of award, subject to renewal by two (2) additional one-year periods. Based upon recommendation by the City that the Contractor has fully complied with the contract requirements and that it is in the interest of the City to continue the contract, a request will be submitted to the City Manager for contract extension. The total term of the contract shall not exceed five (5) years. * Depending upon when the contract will be awarded, this may be different.

COST ADJUSTMENT
The Contractor may apply for a cost adjustment after the three-year term. For the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all of the performance standards as established by this Contract.

Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA. All Items not seasonally adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S.

Department of Labor's website at www.bls.gov.)
The Contractor will be notified of the City's intention to extend the contract at least 30 calendar days prior to the expiration date of the contract.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

NINETY CALENDAR DAYS EXTENSION OPTION
Notwithstanding the foregoing, The City reserves the right in its sole discretion to extend the service agreement for a maximum of three (3) calendar months (Ninety calendar days) beyond last (Fifth year) term.

SUSPENSION
For reasons to include but not limited to renovation/refurbishment or extreme damage, it may not be possible to continue work on areas originally included in the contract work. In these cases, the work in these areas may be suspended until such time as the area is again in such condition that janitorial maintenance operations may be resumed. Costs to be deducted from normal payments will be computed in the same manner as additions.

REDUCTION
This contract may be reduced in scope and quantity by the City without liability for damages; when funding reductions are enacted by law, or action of the public, Federal or State authorities. At such time that a reduction occurs, the scope of work and areas under contract will be revised and reduced commensurate with the funding. Adjustment of the contract specifications and corresponding contract prices will be negotiated in accordance with available funding.

CHANGES TO CONTRACT
Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Due to acceptance time frame difficulties, it will not always be possible to have the actual change order to the Contractor on the effective date.

In lieu of the actual change order, the Request for Proposal with the contract unit prices and the effective date, signed by the Director, may be substituted. This shall apply only to those cases where the unit prices are established in the contract or where the Contractor has submitted an acceptable quotation to the City.

CHANGES IN CONTRACT SPECIFICATIONS
Changes in contract specifications with no corresponding changes in compensation.

Changes in this category shall be changes for clarity or of a minor nature with no impact on contract costs. In all cases these changes must be accepted by the Contractor and the City. Changes in contract specifications with a corresponding change in compensation.

Changes in this category shall be changes where a change in the Scope of Work is necessary. Changes in this category would include, but not be limited to, additions, deletions, new work, and special requirements for a particular area of work. In all cases, these changes must be mutually acceptable to both the Contractor and the City.

Implementing these changes:

1. The proposed change shall be prepared by the City, with assistance by the Contractor, if appropriate.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

2. The City shall submit the change to the Contractor in the form of a Request for Proposal.

3. The Contractor shall review the request and prepare a proposal, which shall be returned to the City.

If the proposal is acceptable to the City, the change will be implemented.

If the quotation is unacceptable, the City and the Contractor shall attempt to negotiate a solution which will be implemented.

If no solution is reached, the City may either drop the request or seek other means of accomplishment.

BARRIERS
The Contractor shall provide all labor, materials and equipment to install barriers advising the public of hazards due to cleaning. Upon completion of the work, the Contractor shall promptly remove all signs and warning devices.

When performing work under this agreement, should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures, the City may direct attention to the existence of a hazard. The necessary warning and protective devices/equipment ensures shall be furnished and installed by the Contractor, at the Contractor's expense

EQUIPMENT, MATERIALS AND VEHICLES

VECHILE
Vehicles shall be in conformance with the latest South Coast Air Quality Management District requirements for low emission/alternative fuel use. Upon approval of any new regulations, the Contractor shall be prepared to meet the requirements of the new rule.

All vehicles utilized by employees in the performance of the work shall be owned, registered and insured by the Contractor. Employees of the Contractor shall not drive personal vehicles to any sites to perform work under the contract.

VEHICLES LOGO
Contractor shall display the name of his/her firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from fifty (50) feet along with office telephone number.

EQUIPMENT NOISE
City noise level requirements shall apply to all equipment on the project or related to the project including but not limited to trucks, or transient equipment that may or may not be City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.

WATER USAGE
The discharge of non-stormwater into storm drains inlets, catch basins, or into the curb- and-gutter leading to the storm drain system is strictly prohibited per Stormwater and Runoff Pollution Control Regulations, and under the Federal Clean Water Act.

DAMAGES
The Contractor shall report without delay any damage to City equipment, City property or private property. The Contractor shall be liable for damages caused by his/her actions.

Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.

CI7P 22209 lie Polay Lights and Decorations

LABOR

LABOR CODE
The contractor shall comply with all applicable requirements of the California Labor Code hereto in the Maintenance Services Agreement.

PREVAILING WAGE
The Contractor shall hire and maintain for the duration of the contract, a workforce as required under the specifications and pay at a prevailing wage for the work.

Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality and the general prevailing rate for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages.

Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City not more than fifty dollars ($25) for each labor, workman, or mechanic employed for each calendar day or portion thereof if such labor, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.

TRAVEL AND SUBSISTENCE PAYMENTS
The Contractor shall pay travel and subsistence payments to workmen needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. (If applicable)

WORKER'S COMPENSATION
In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure payment of Worker's Compensation to his employees. The Contractor shall supply the certificate required by Section 1861.

FAIR EMPLOYEMENT PRACTICES
In connection with performance of the work under this contract, the Contractor agrees as follows:

The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, national origin or age. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation and training.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

The Contractor will permit access to its records by the Fair Employment Practices Commission for investigation of compliance with Fair Employment Practices. That should investigation determine that the Contractor has not complied with the Fair Employment Practices, then pursuant to Sections 1735 and 1775 of the Labor Code, the Contractor shall forfeit to the City one hundred Dollars ($100.00) for each calendar day or portion thereof, for each person so denied employment as a result of non-compliance.

RECORDS
Contractor shall maintain an accurate record showing name, employee number, classification, actual hours worked, and actual wages and benefits paid per diem to each employee. These records shall reflect all workmen engaged in the performance of the work in accordance with the provisions of Section 1776, 1812, and 1852 of the Labor Code.

Said records shall be available upon request of the City and shall be retained for a minimum of three years by the Contractor.

PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision as to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work. The field supervisor or his/her representative shall check with the Department of Public Works weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance.

GENERAL EMPLOYEE GUIDELINES
No workman shall be employed on any work under these specifications who is found to be incompetent, disorderly, troublesome, intemperate or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the Building and Facilities Maintenance Superintendent, shall be discharged immediately and not re-employed on the work.

BACKGROUND
All personnel engaged in performance of this work shall be employees of the Contractor, and as such shall be warranted to possess enough experience and reliability to perform this work.

CONDUCT
No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol or drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any persor found to be objectionable shall be discharged immediately and not reemploved on this work.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

HEALTH
All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building(s). Neither shall the Contractor allow the use of alcohol or drugs on the premises or the building.

MINIMUM MANPOWER
turina tefciency dediction or with undred for Doles is mr person vil day.

BACKUP STAFF
The Contractor shall provide enough backup staff to cover absenteeism or extend existing work force hours to compensate for absent staff. The backup staff shall adhere to the same background and security screenings as regular staff. The City reserves the right to request additional backup staff as deemed necessary.

REPLACING KEY PERSONNEL
It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract.

The Contractor must agree to assign specific individuals to the key positions. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.

If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications. The contractor shall be responsible for, but not limited to, the following:

A. Adherence to schedules
B. Maintenance or replacement of cleaning equipment
C. Notifying City of any personnel changes
D. Training of new personnel

NON-DISCRIMINATION
The Contractor shall not engage in discrimination in employment of persons because of race, color, national origin, ancestry, sex, or religion of such persons. Violation of this provision may result in the imposition of penalties under the Labor Code Section 1735.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

REMOVAL OF ITEMS
The Contractor's employees shall not remove any items from the job sites except that which has been specifically authorized by the City of Laguna Niguel in writing.

TRAINING
Contractor shall have an on-going training program for its entire staff. Contractor shall provide only personnel that have been fully trained for performance of this work.

CP 22209 Civide Play Wighs and Decoration

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
At the time of contract award, the Contractor shall possess a Class C-10 Contractor's License. No proposal will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California at the time the proposal is submitted.

CONTRACTOR'S OFFICE/FACILITIES
The Contractor's office or base of operations may be located within Orange County. The Contractor shall maintain a telephonic communications system such as:
• Twenty-four-hour emergency notification to Contractor by the City is possible • All calls are returned within one (1) hour
• All calls are toll free from Laguna Niguel

INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. The Contractor shall not commence any work under this contract until he has secured all insurance required by this section nor shall he allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained.

SAFETY
The Contractor shall accept the sole responsibility for complying with all applicable local, County, State or other legal requirements including, but not limited to, full compliance with the intents and terms of the applicable OSHA and Cal/OSHA safety orders at all times so as to protect all persons, including Contractor's employees, agents of the City, members of the public or others from foreseeable injury, or damage to their property.

The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public to include disruption of the noise levels within the area.

The Contractor shall provide and pay for all barricades, lights, signs and other warning devices necessary to comply with all applicable State and County requirements for maintaining public safety. Placement of all warning devices shall be in accordance with the Traffic Manual published by the Department of Transportation, Business and Transportation Agency, and State of California.

All incidents out of the norm, including but not limited to, crimes, thefts, vandalism, hazards, etc., shall be reported immediately by phone to the Building and Facilities Maintenance Superintendent and followed by confirmation in writing.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

PROTECTION AND RESTORATION
The Contractor shall protect all furnishings and improvements from damage by its operations. All damage occurring during the Contractor's operations shall be repaired or replaced, at the option of the City at the Contractor's expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to the original in all aspects.

UNIFORMS AND APPEARANCE
All Contractor's personnel shall be required to wear uniforms bearing company name while performing work under the contract. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name. Safety vests shall be not considered as part of the uniform but shall be required in compliance herein. Failure to comply shall result in a deduction of One Hundred Dollars ($100.00) per occurrence per day.

WORKSITE LIMITS
All operations shall be restricted to the City right-of-way, City leased property with City access and egress agreements. The Contractor shall not enter upon any adjacent property for the purpose of conducting any operations required under this contract unless the Contractor has obtained written permission from the affected property owner.

PROSECUTION OF THE WORK

SUBCONTRACTS
The use of subcontracts shall be in accordance with Section 4100 through 4113 of the Government Code. The Contractor shall be responsible for all work performed under this contract and shall keep all work under its direct control. Any and all subcontractors used on this work shall be under the direct supervision of the Contractor and shall be considered as employees. Like employees any subcontractor who is found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable or who fails or refuses to perform the work properly and acceptably shall be discharged immediately and not reemployed on the work. No payment or claim for payment from any subcontractor will be made or recognized by the City except as provided in Assignment. The City will not arbitrate nor be a party to any disputes between the Contractor and any subcontractors.

ASSIGNMENT
No contract or portion thereof may be assigned without prior written consent of the City.

Consent will not be given to any proposed assignment or delegation which would relieve the Contractor or its surety of their responsibilities under the contract, nor will the City consent to any assignment or delegation of a part of the work under contract. The Contractor may assign monies due or to become due under the contract, and such assignment will be recognized by the City if given written notice thereof, to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

favor of the City and to all deductions provided for in the contract. All money withheld whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

GENERAL ENVIRONMENTAL REQUIREMENTS

SOUND CONTROL
The Contractor shall comply with all State, County and local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract and shall make every effort to control any undue noise resulting from the operation.

Each internal combustion engine used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated in performance of the work without said muffler.

The noise level from the Contractor's operations between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturdays, or at any time on Sunday or a City holiday, shall be in accordance with the Laguna Niguel Municipal Code Provisions on "Noise Control". The noise level from the Contractor's operation during the above specified times shall not exceed 86 DBA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, mowers, or tractors that may or may not be owned by the Contractor.

AIR POLLUTION
In accordance with the provisions of Sections 11017 and 14381 of the Government Code, the Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

WATER CONSERVATION
Whenever possible, the use of water shall be minimized, particularly during cleanup operations. All irrigation and water supply systems shall be kept in good working condition and leaks shall be repaired promptly. Nothing in this section shall relieve the Contractor from adequately maintaining this area in accordance with these specifications.

WATER POLLUTION
In accordance with the provisions of the City of Laguna Niguel Local Implementation Plan, the Contractor shall comply with all surface and groundwater protections rules, regulations, city of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoratio

ordinances and statutes and shall implement all appropriate Best Management Practices during the course of work. Discharges of sediment or pollutants to surface or groundwater are prohibited and Contractor will be held fully responsible for any penalties enforced under Federal Clean Water Act provisions.

Copies of the above documents are available from the Public Works Director/City Engineer and the Public Works Administrator.

INCIDENTAL WORK

AUTHORIZATION
Any incidental work related to tree trimming service may be required by the City to remedy vandalism, accidents, Acts of God, theft, or civil disturbances within the areas covered by the contract.

No work shall commence without the written authorization of the Inspector or the Park Superintendent.

When a condition exists wherein there is imminent danger of injury to the public or damage to property, in which case a verbal estimate and authorization may be used. Within twenty-four (24) hours after verbal authorization, the written estimate with approval shall be prepared.

After the approval of work and estimate, the Contractor shall one of the followings:
• Commence and complete the work in accordance with eight (8) hours on major components and sixteen (16) hours on minor components;
• Commence work within twenty-four (24) hours and proceed diligently to completion; • Commence work on the specific date established and complete within the time allotted.
• The Contractor is not entitled to any extra work. The Inspector may bring in other forces to complete repair/replacement as needed.

PAYMENT

MONTHLY
At the end of each month, the Contractor shall submit an invoice which shall summarize all completed work during that job/month.

AS NEEDED SERVICES
Fees for work performed by the Contractor on an hourly basis for additional work as on- call for as needed services shall not exceed the amounts shown on the Proposal Fee ity of Laguna Niguel - Public Works Department
FP2022-09 Citywide Holiday Lights and Decoratio

Sheet - Labor.

AUTHORIZTION TO PERFORM SERVICES
The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the City Representative.

INVOICING
The Contractor shall EMAIL the invoice which shall summarize all completed work on standard Company letterhead forms. Payment will be made subject to approval by Bruce Lindemann and email [email protected] The invoice shall include the following:

A. Invoice number
B. Facility name, month of services, and any additional work C. Purchase order number
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

REP INQUIRY FORM
(Must use this form to submit your questions)
Date:

From: (Name)
Company:

Email: Contact No:

In Response to RFP No: 2022-09 Citywide Holiday Lights and Decoration All questions shall be submitted through PlanetBids.

Deadline: 5:00 P.M., May 19, 2022
Question:

PW-rev191011
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

RESPONSES TO SCOPE OF SERVICES
Proposers shall complete all forms and questionnaires as provided in this RFP. Failure to submit the required documents in the order provided below may render the proposal unacceptable and may not be considered for evaluation.

Proposal Package shall be bound in the following order:

Contents:

A. Proposal Form
B. Proposal Fee Sheet: Labor
C. Subcontractors Form
D. Questionnaire: Firm Information
• Attach the Organization Chart
E. Questionnaire: Firm Experience
F. Questionnaire: Firm Personnel
G. Questionnaire: Equipment
H. Submit a Quality Control Plan

1. Questionnaire: Support Facilities
J. Questionnaire: Company Financial Condition
K. Proposal Affidavit
L. Past Contract Disqualification/Termination
Statement of Ability to Meet Insurance Requirement
• Attach the Insurance Certificate
N. Worker's Compensation Insurance Certificate

2. Contractor's Proof and Other Information
A. Company W-9
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

PROPOSAL FORM
RFP 2022-09: CITYWIDE HOLIDAY LIGHTS AND DECORATION
TO: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:

Authorized Representative:

Title:

Email Address:

Address:

City, State, and Zip Code:

Telephone:

1. Addenda Acknowledgement. The Contractor confirms all items or other matters contained in RFP Addenda issued by or on behalf of the City (list all addendum on the blank line below) has been incorporated with its Proposal. Contractor must acknowledge each Addendum by the number with its initials or their Proposal shall be deemed non-responsive.

Acknowledge and acceptance of the following addenda is hereby:

Addenda No. 1 Initials:

Addenda No. 2. Initials:

Addenda No. 3 initials:

2. By submitting this Response, the Contractor warrants and represents to the City the following:

A. The project information provided, or made available, by the City is adequate, feasible and complete for providing the services.

B. This Proposal is binding for 90 days from the response submittal deadline.

C. Signature of the official authorized to bind to the terms of the proposal and agrees to perform the work as set for the specifications and this proposal.

D. Signed statement attesting that all information submitted with the proposal is true and correct.

E. Its Proposal is to provide all of the maintenance services required for all the facilities listed in the Request for Proposal.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

F. The information provided regarding the facilities is a general understanding of the facilities and the Contractor is obligated to review each of the facilities before submitting a proposal.

G. The price submitted includes all appurtenant expenses, taxes, royalties and fees.

If Contractor is a corporation, the legal name of the corporation shall be set forth above together with the signature of authorized officers or agents; if Contractor is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if Contractor is an individual, his signature shall be placed above.

REPRESENTATIVE, the duly authorized officer shall sign as follows:

Corporation Name
Name Authorized Representative Title
Signature Date
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

PROPOSAL FEE SHEET
RFP 2022-09: CITYWIDE HOLIDAY LIGHTS AND DECORATION
Please note: Budget cuts and monetary adjustments by Federal government, State, County or City may seriously affect the level of service for this contract. Contractor therefore agrees to adjust the level of service without changing other contract conditions herein, if notified to do so, within a reasonable time period.

No Guarantee of Work: Contractor acknowledges and agrees that it is not entitled to deliver any specific number of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies is for the purpose of cost evaluation and will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.

Item Description Location Unit Quantity Cost
#
Install pre-lit commercial
garland decorated with City Hall
premium decor package silver
1 and gold on top of monument Entrance EA
1 Wall. Note: power needed Monument
for lights in garland.

Install (20) strands of mini
lights in lower hedge around City Hall EA 1
2 base of monument. Entrance
Monument
Install (15) strands of mini
lights; pure white/ warm City Hall
white with strobe in (4) Entrance $_
3 Trees wrapped at 3" EA 4
Trees- Right
spacing into canopy of Side
tree.

Install (20) strands of mini
lights; pure white/ warm white City Hall
4 with strobe in (4) Trees Entrance EA 6 $
wrapped at 3" spacing into Drive- Right
canopy of tree. Side
Install (20) strands of mini
lights; pure white/ warm white City Hall
5 with strobe in (6) Trees Entrance EA
Drive- Left 6 $
wrapped at 3" spacing into
canopy of tree. Side
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

Install (10) strands of mini Entrance
lights; pure white/ warm white Drive - Center EA 5 $_
6 with strobe in (4) Trees Median
wrapped at 3" spacing into
canopy of tree.

Decorate the City tree located
off the main parking lot with
approximately 2,000 warm
white/pure white, LED C9
bulbs. The tree must be
appealing both during the day
and night. The color scheme is Christmas
7 Silver and Gold. Ornaments EA 1 $
shall be six (6), eight (8), and Tree
twelve (12) inches in size.

Installed with 32" Pure White.

The installation requires the
rental of a boom lift, which
shall be included in the overall
price.
(9) Outdoor colorful gifts
under City Hall Pine Tree Christmas
8 Provide (9) lighted gift boxes
Tree EA 9 $.
in 3 difference sizes.

Wrap each palm with
City Hall
approximately ten (25)
strands of pure white/ warm Entrance
Medjool Palm
white strobe, mini LED lights. Trees in (2) EA 2 $_
Pineapple of Palm to be Planter Boxes
wrapped at 1" spacing.

Installation of (15) select Palm City Hall
Branches wrapped along Entrance
10 fronds with warm white and Medjool Palm EA 2 $_
pure white mini lights with Trees in (2)
strobe in lower canopy. Planter Boxes
Wrap each tree with History Walk
approximately ten (10) Trees (14) in
strands of pure white/ warm Walkway to EA 14 $.
white strobe, mini LED lights. Police
Services
Install pre-lit and decorated
commercial garland with City Hall
Silver and gold ornaments Archway -
12 over the entrance doors to Above EA 1 $
City Hall. The garland shall Entrance
match the "Community Room" Door
Provide and install pre-lit City Hall
13 velve (8)-foot wreath abov Entrance
e entrance doors. Th Door - EA 1 $_
colors shall be silver and gold. Overhead
Install perimeter lighting City Hall
14 around the exterior roof lining Building
of the building. Attach LED C9 Roofline
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

bulbs on stringer wire with
twelve spacing EA 1
along the roof line of City Hall.
1,300 Linear Feet. Special Lift
Required for some areas.

Install pre-lit and decorated
commercial garland with silver City Hall
15 and gold ornaments over the Community 1
Room - Sign EA
"Community Room" sign.

Install pre lit and decorated
sixty (60)-inch wreath above City Hall
the "Community Room" sign. Community
The wreath shall be decorated Room - EA 1
with silver and gold ornaments Window
for a traditional look.

Install sixty (60) feet of pre-lit City
Monument
garland swaggered along the Wall Facing
top of the wall. Alicia EA 1 $_
Parkway and i
Crown Valley-
Corner
Monument
Tree behind monument wall City
wrap the tree with Monument
approximately (15) strands of Wall Facing
18 pure white/ warm white with Alicia EA 1 $_
strobe, mini-LED lights. Parkway and
Crown Valley-
Corner
Monument
Installation of (40) strands City Hall
19 warm white mini lights in Courtyard- EA 40 $
bushes around "We the We the
People
Install pre-lit and decorated
commercial garland with silver
and gold ornaments over the City Hall
20 sides and top of We the Courtyard- EA 1 $_
We the
Installation method should People
secure garland without
damaging monument.

Installation of (20) strands City Hall
21 warm white mini lights in Courtyard EA 20 $_
bushes. Planters
Prepare a 2- (12foot) foot pre-
lit LED artificial tree with all
22 decorations, tree skirt under City Hall EA 2 $
the tree. The tree shall be
decorated with silver and gold Interior- Main
ornaments along. There shall Lobby
also be a decorated topper.

Please estimate how many
CP 2022.09 Clyde -Poliday Lighis and Decoration

bulbs the tree should have to
look nice and get a "wow"
effect. See Photo for
reference.

Prepare (1) 8' foot pre-lit LED
artificial tree with all
decorations, tree skirt under
the tree. The tree shall be
decorated with silver and gold City Hall
ornaments along. There shall Interior- First
23 also be a decorated topper. EA 1 $-
Floor Office
Please estimate how many
bulbs the tree should have to
look nice and get a "wow"
effect. See Photo for
reference.

Prepare (1) 8' foot foot pre-lit
LED artificial tree with all
decorations, tree skirt under
the tree. The tree shall be
decorated with silver and gold City Hall
ornaments along. There shall Interior-
24 also be a decorated topper. Second Floor EA 1 $.

Please estimate how many Office
bulbs the tree should have to
look nice and get a "wow"
effect. See Photo for
reference.

Install pre-lit and decorated
commercial garland with silver Crown Valley
and gold ornaments on each
Park and
archway post. Each post is Community EA 1 $_
25 approximately 17 feet high,
Center-
and the garland needs to be Archway
wrapped around each post
going up.

Install perimeter
around the perimeter lining of
Anach LED the Crown Valley Park sign. Crown Valley
Attach LED C9 bulbs on Park and
26 stringer wire with twelve (12)- Community EA 1 $_
inch spacing along the Center-
The sign is Archway
approximately 50 feet wide
and 4 feet high.
(6) Pots going along bridge- 3 Crown Valley
27 on each side installed with (3) Park and EA 18 $_
24" spritzers at staggering Community
heights in each pot. Center-
Bridge Pots
Install ninety (90) feet of pre-lit Crown Valley
28 decorated commercial Park and EA 1
garland along the top of the Community
lower wall. Center-
ity of Laguna Niguel - Public Works Department
:FP2022-09 Citywide Holiday Lights and Decoratio

Corner
Monument
Install (20) Strands of pure Crown Valley
29 white/ warm white strobe Park and
lights in lower shrubs above Community EA 1 $
garland Center-
Corner
Monument
(3) Around Corner Monument Crown Valley
Certer installed with (3) 244 Park and
30 Community EA $_
Spritzers with chrome stakes Center-
at staggering heights in each Corner
Monument
Prepare a twelve (12)-foot
pre-lit LED artificial tree with Crown Valley
all decorations, tree skirt and Park and
wrapped presents under the EA $_
tree. The tree shall be Community
enter- Insid
decorated with silver and gold Lobby
ornaments. There shall also
be a decorated topper.

Marquee Signs at Corner of
Moulton Parkway. Install pre- Sea Country
lit commercial garland Senior and
32 decorated with ornaments, Community EA 1 $_
silver and gold. Install a Center-
twenty-four (24)-inch red bow Moulton
with gold lining for each Marquee
marquee sign.

Marquee Signs at Corner of
Moulton Parkway and Aliso Sea Country
Creek. Install pre-lit Senior and
commercial garland Community
33 decorated with ornaments, Center- EA 1 $.

Silver and gold. Install a Moulton /
twenty-four (24)-inch red bow Aliso
with gold lining for each Marquee
marquee sign.

Wrap the trunk and branches
of the large oak tree located in
the parking lot with one
hundred (100) count warm Sea Country
lights Senior and
(approximately 35 light Community
34 strands) starting from the EA 1 $
Center- Oak
base of the tree and ending
approximately fifteen (15) to Tree
eighteen (18) feet up the tree.

Tie one (1) large gold bow on
Install permit lighting around Sea Country
the exterior roof lining of the Senior and
building. Attached LED C9 Community
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

Bulbs on Stringer wire with Center-
35 2 spacing along the rooflin Building EA 1 $
of Sea Country Communit Roofline
Center. (Installation approx.
1500)
Prepare a twelve (12)-foot
pre-lit LED artificial tree with
all decorations, tree skirt and Sea Country
36 wrapped presents under the Senior and
Community EA 1
tree shall be Center- Inside
decorated with silver and gold Lobby
ornaments. There shall also
be a decorated topper.

Entrance Marquee Signs (2)
at Each Parking Lot Entrance.

Install pre-lit commercial Laguna
with Niguel Skate
ornaments, Silver and gold. Park- Parking EA 2 $_
Install a twenty-four (24)-inch Lot Entrance
Gold bow with gold lining for
each marquee sign.

Alicia Median Parkway - Trees Center
1-25 (25 Trees and 544 Median Trees
38 Strands). Lights currently Throughout EA 544 $-
owned by City City- Alicia
Parkway
Crown Valley Parkway Center
Median - Trees 26-31 (6 Trees Median Trees
39 and 168 Strands). Lights Throughout EA 168 $
currently owned by City City- Crown
Valley
Niguel Road Median - Trees Center
40 32-37 (6 Trees and 96 Median Trees
Strands). Lights currently Throughout EA 96
owned by City City- Niguel
Pacific Park Drive - Trees 38- Center
39 (2 Trees 92 Strands). Median Trees
41 Lights currently owned Throughout EA 92 $.
by City City- Pacific
Park Drive
ESTIMATED TOTAL COST $
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoratior

OPTIONAL ITEMS
Items listed below not included in the mandatory scope of work and will not be evaluated as a component of the bidders' proposal.

Item # Description Location Unit Quantity Cost
Installation of (4) 24" Spritzers City Hall
1 in pot behind monument Exterior EA 4
around agave Entrance
Monument
Installation of 24" Spritzers (4) City Hall
per Tree installed at random Exterior
2 heights and spacing Entrance EA 20 $_
throughout the canopy of each Trees- Right
tree Side
Installation of 24" Spritzers (6) Entrance
per Tree installed at random Drive to City
3 heights and spacing Hall - After EA 24 $
throughout the canopy of each Turn Right
Side
Installation of 24" Spritzers (6)
per Tree installed at random Entrance
4 heights and spacing Drive to City EA 24 $.
throughout the canopy of each Hall - After
Turn Left Side
installation of 24' Spritzers (3)
Entrance
per Tree installed at random Drive to City
5 heights and spacing Hall - After EA 18 $.
throughout the canopy of each Turn Center
tree. Median
Installation of (15) warm white Christmas
6 / pure white 24" spritzers to be EA 15 $_
installed in the tree. Tree
Installation of (15) pure white
24" starburst to be installed in Christmas 15
EA $.
the tree. Tree
6' JOY Display and photo op Christmas $.
8 set next to Christmas Tree EA 1
Tree
9 (2) 48" Spritzers at Random Christmas EA 2 $
Tree
(4) Light poles wrapped with History Walk
2) ea. Lighted garland wit Trees (14) in
10 remium decor package an Walkway to EA 4 $
Police
Services
Installation of (6) 24" Spritzers
in front of We the People City Hall
planter. On 2-4' Chrome EA 6 $.

Staked Risers. Set at varying Courtyard
heights
12 Heights 4,8 or 12.2 on each City Hall
EA 4 $_
side. Courtyard
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

13 (1) 12' Walkthrough City Hall EA 1 $.

Ornament. Courtyard
Installation of (10) 24"
Spritzers in front of We the City Hall
People planter. On 2-4' Courtyard
14 Around EA 10 $
Chrome Staked Risers. Set at
varying heights. Ornament
ESTIMATED TOTAL COST $
Item # Description Unit Proposed Unit
Price
Unspecified or custom request
1 Per Hr.
$
Emergency response
2 Per Hr.
$.

Markup on custom material
3 Material
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 compensation.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

LEGEND Pacific Park Dr
Streets with Median
Tree Lighting Sea Country Senior and
Community Center
Sites with Holiday
Decorations
Laguna Niguel Skate
Park Marquees
Alicia Pkwy
Crown Valley Pkwy
Crown Valley Park
Community Center
City Hall Niguel
Citywide Holiday Lights and Decorations
Location Map
City of Laguna Niguel - Public Works Department
RFP2022-09 Citvwide Holiday Liahts and Decoration

To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:

Authorized Representative:

Title:

Email Address:

Address:

City, State, and Zip Code:

Telephone:

Please note: Budget cuts and monetary adjustments by Federal government, State, County or City may seriously affect the level of service for this contract. Contractor therefore agrees to adjust the level of service without changing other contract conditions herein, if notified to do so, within a reasonable time period.

This needs to be completed based on the needs of the service By: Date:

Signature of Representative
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

SUBCONTRACTORS
Identify Subcontractors by company name, address, contact person, telephone number and portion of work. The list should include a summary of the roles and responsibilities of each Subcontractor.

Subcontracting: No portion of the work covered by these specifications can be subcontracted or assigned without prior approval of the City. Requests to subcontract all or any portion of services required by this contract will be submitted to the Public Works Director, or his/her designee, at least thirty (30) days in advance of the proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. Any subcontractor who will provide services shall have successfully passed a background check prior to commencing work. Contractor shall bear the expense of any subcontractor background checks.

Subcontractor Company Name:

Address: City:

State: Zip Code: License No.:

Authorized Representative: Contact No.:

Email Address: DIR No.

Designated staff to perform the following function:

Subcontractor Company Name:

Address: City:

State: Zip Code: License No.:

Authorized Representative: Contact No.:

Email Address: DIR No.

Designated staff to perform the following function:

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoratior

QUESTIONNAIRE: FIRM INFORMATION

1. Legal Name and Address
Name:

Address:

City: State: Zip Code:

2. Please provide the name and contact information who is authorized to submit this Proposal.

Name:

Title:

Contact No.:

Email:

3. Please check the type of entity pertain to your firm:
• Corporation • Partnership • Sole Proprietorship • Joint Venture • Other (please specify):

4. If a corporation, state the following:

Date of Incorporation: State in which Incorporated:

5. Is the firm authorized to do business in California? • Yes • No If yes, on what basis? • CA Corp • CA Business License • Other:

6. Name and Title of Principal Officers
Name | Title of Principal Officers

7. The business was founded in: (Month, date, Year)

8. The length of time in business: years

9. Provide the total number of employees:

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

10. Any former address or parent company? • Yes • No
Provide the locations of other offices, if applicable.

Location:

Location:

Location:

Provide the parent company, if applicable.

Company:

Location:

11. Provide evidence, in the form of copies of licenses and certificates, that the firm meets minimum requirements.

PLEASE ATTACHED YOUR ORGANIZATION CHART TO THIS PAGE.

At 2209 videOday orks and Decorations

QUESTIONNAIRE: FIRM EXPERIENCE
Provide at least three (3) similar in character, size and state if it services provided was for a commercial, educational facility, entertainment facility, government (cities, counties, courts, etc...) healthcare facility, hospitality facility, or industrial facility completed in the last ten (10) years. The term "completed" means accepted and final payment received from the owner or authorized representative. The term "similar in character" means projects that demonstrate experience in this Scope of Service of the RFP. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. **If the contractor does not have the experience in projects of similar nature, provide a written narrative as to why they are qualitied to pertorm the work and what measures they intend to employ to familiarized themselves with the project work. Attach the **
narrative to this form.

This form may be duplicated if additional space is required.

SERVICE 1
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

The service was provided to (please check one):

Commercial Building • Educational Facility • Healthcare Facility Commercial Real Estate Entertainment Facility • Hospitality Facility Government Facility Industrial Facility
Reference for this project:

Contact Person: Title:

Email: Contact No: _
Provide brief description of the work performed:

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

SERVICE 2
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

The service was provided to (please check one):

Commercial Building • Educational Facility Healthcare Facility Commercial Real Estate Entertainment Facility • Hospitality Facility Government Facility Industrial Facility
Reference for this project:

Contact Person: Title:_
-
Email: Contact No:

Provide brief description of the work performed:

SERVICE 3
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

The service was provided to (please check one):
• Commercial Building • Educational Facility • Healthcare Facility • Commercial Real Estate Entertainment Facility • Hospitality Facility Government Facility • Industrial Facility
Reference for this project:

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

QUESTIONNAIRE: FIRM PERSONNEL
There can be no change of Key Personnel once the proposal is accepted for contract award without the prior approval of the City's Contract Administrator.

The number of years of experience providing the desired services, which must be a minimum of three years.

This form may be duplicate if additional space is required.

Staff- President
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

Staff-Supervisor
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

Staff- Installer Specialist
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

City 202209 livid Pulay ons and ecoration

QUESTIONNAIRE: EQUIPMENT
List the types of equipment, manufacturer, model # and number of each to be assigned to this contract.

Will all vehicles be uniform in color and with company name/logo? Answer:

Note any equipment which will also be used on another contract.

PROVIDE PHOTOGRAPH OF EACH PIECE OF EQUIPMENT TO THIS
PAGE.
/ Vehicle T Manufacturer and Model # Quantity
tv of Laduna Nique - Public Works Denartme
-P2022-09 Citvwide Holidav Liahts and Decoratic

QUALITY CONTROL PLAN
The Bidder must submit a Quality Control Plan with the Proposal.

This should include:

The means the Contractor will use for completing the project.

Effective means of correcting any problems.

Identification of the entire scope of the project to illustrate that the Contractor is aware of the range and extent of the contract.

4. Identification of methodology to be used in handling complaints from the public, and damage to property during the performance of this contract.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

QUESTIONNAIRE: SUPPORT FACILITIES

1. Provide the address of the office from which work crews will be assigned.

Answer:

2. Provide address of main office.

Answer:

3. What is your local toll-free telephone number?
Answer:

4. What telephone number is available for emergency response? Answer:

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

QUESTIONNAIRE: COMPANY FINANICAL CONDITION
ANSWER THE FOLLOWING QUESTIONS. FAILURE TO PROVIDE BACK UP TO A "YES" ANSWER MAY RESULT IN A RESPONSE OF DISQUALIFICATION.

1. Has the company (or any owner) ever defaulted on a contract forcing a surety to suffer a loss?
• No • Yes If Yes, explain on a separate paper and attach to this questionnaire form.

2. In the past five (5) years, has the company had any contract with disputed amounts more than $50,000 or a contract which was terminated by the owner, owner's representative or other contracting party and which required completion by another party?
• No • Yes If Yes, explain on a separate paper and attach to this questionnaire

3. Has the company, an affiliate company, or any owner ever declared bankruptcy or been in receivership? • No Yes If Yes, explain on a separate paper and attach to this questionnaire form.

4. Has the company ever had arbitration on contracts in the past five (5) years? • No • Yes If Yes, explain on a separate paper and attach to this questionnaire form

5. Does the company have any outstanding liens or stop notices for labor and/or materials filed against any contracts which have been done or are being done by the company? • No • Yes If Yes, explain on a separate paper and attach to this questionnaire form

5. Has your firm or any member of your firm ever had a claim brought against because of breach of contract or nonperformance? • No • Yes If Yes, explain on a separate paper and attach to this questionnaire form

6. Debarred Statement: Has this firm, or any principals) ever been debarred from providing any services by the Federal Government, any state government, or any local government agency within or without the State of California?
• No • Yes
Initials If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

PROPOSAL AFFIDAVIT
RFP 2022-09 CITYWIDE HOLIDAY LIGHTS AND DECORATION
The undersigned Contractor hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required to provide these services as set forth in the Request for Proposal for performing the work.

Contractor declares that this proposal is based upon careful examination of the Request tor Proposal, including the specifications for performing the work, the work sites, and all other contract documents. If this proposal is accepted for award, Contractor agrees to enter into a contract with Agency at the prices set forth in the following Proposal Forms.

Contractor understands the following:

1. Its Proposal is to provide all of the Municipal Maintenance Services required for all City owned facilities.

2. The price submitted includes all appurtenant expenses, taxes, royalties and fees.

Signed Date
Company Name:

Address:

City, State, and Zip Code:

Telephone No.:

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS
The Proposer is required to state any and all instances of being disqualified, removed, or otherwise prevented from proposing on or completing any contract for construction.

Have you ever been disqualified or terminated from any contract? • No • Yes
If yes, provide name and address of agency and explain the circumstances:

Agency Name:

Agency Address:

Explanation:

Additional paper may be used to complete if necessary.

Signature of Contractor
Print Name and Title
RIP Clywide Clyde Polay Ligns and Decoration

STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS
I and the insurance brokers)/company(ies) have reviewed the attached City of Laguna Niguel Insurance Requirement as stated below and on the Maintenance Service Agreement to provide verification of coverage after award of the contract.

MUST PROVIDE THE INSURANCE BROKER'S INITIALS IN THE TEXT BOX BELOW.

Insurance
ITEMS/DESCRIPTION Broker
Initials:

The City shall be named as an additional insured on the Commercial General Liability and Comprehensive Automobile Liability policies, documented by a written endorsement.

The policy must carry a 30-day cancellation clause is applicable to all coverage.

Waiver of Subrogation clause is applicable to all coverage.

Commercial General Liability insurance, with limits of not less than One Million Dollars ($1,000,000) per occurrence / Two Million Dollars ($2,000,000) aggregate and must include coverage for property damage, bodily injury, personal & advertising injury, products and completed operations, liability assumed under an insured Contract (including tort of another assumed in a business contract), and independent contractor's liability, written on an "occurrence" form.

Business Automobile Liability covering all owned, non-owned and hired vehicles with combined single limit for bodily injury and/or property damage of not less than One Million Dollars ($1,000,000). (Business Auto Liability is required when a vendor is operating a vehicle on City premises for other than commute purposes or the vehicle is an integral part of their services).

Workers' Compensation insurance. This coverage is required unless Contractor provides written verification it has no employees. Coverage must be at least as broad as that which is required by the State of California, with Statutory Limits. Contractor must also maintain Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease, as required by statutory insurance requirement of the State of California.

By: Date:

Signature of Representative
Cy 2022-09 lide Poliday Lois and Decoration

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code Amended by Stats. 1979, C.373, p1343, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the Agency prior to performing any work on the "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's 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 work of this contract."
Contractor
By
Print Name
Signature
Title
Date
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:

By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

STOP
Did you sign and submit all the required forms?
Did you attach any relevant information related to the questionnaire? If not, the proposal may be rejected.

City of Laguna Niguel - Public Works Department
RFP2022-09 Citywide Holiday Lights and Decoration

SAMPLE MAINTENANCE SERVICES

AGREEMENT
The contract agreement is required by the awarded Contractor. For reference only, please review the agreement on the next pages.
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AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
[Description of the Services - should match RFP title]
THIS AGREEMENT is made and entered into as of ("Effective Date ), by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and [Contractor], a [State of Incorporation & Company Type], hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties".

Contractor's license number is [ _ [specify
license type]; Contractor's DIR registration number is L J. Contractor confirms that its license is active as of the Effective Date of this Agreement and shall remain active for the duration of the Agreement.

RECIALS:

A. The City requires [enter the description of the service].

1. B. The City circulated a Request for Proposals, [Name of the RFP], on [Date]. to solicit competitive proposals from contractors to complete these services.

C. Contractor submitted a proposal to the City to provide the required services.

D. City staff reviewed all of the proposals and, after considering the qualifications, proposed staffing, working plans, response time, fairness, and reasonableness of the Contractor's proposed cost, has determined that an Agreement to provide the required services should be awarded to the Contractor.

E. The City and Contractor now desire to enter into an Agreement for the required services.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as (the "Project"). Contractor agrees to
perform the services for City, in a manner satisfactory to City, as described in the Scope of Services ("Services") which is attached hereto as Exhibit "A" which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement -2-
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and Exhibit "A" " the terms of this Agreement shall control.

Additional or Different Services. Any proposed changes to the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.

3. Term. The Contractor shall commence providing the required services on [Month Date Year OR effective on the date stated above] and this Agreement shall continue in full force and effect until [Month Date Year OR until the work required by this Agreement is completed], subject to termination as provided in Section 19, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended by the City for two, one-year terms if the Contractor's performance is satisfactory and it is in the interest of the City.

Payment.

Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation; Method of Payment) for the not-to-exceed sum of XXXX ($xxxxx) in Year One of the Agreement [include additional not-to-exceed amounts for future years]_
This Agreement also includes a twenty percent (20%) contingency in an amount not-to- exceed XXXX ($XXX.XX) to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

In no event shall the total compensation paid to the Contractor for the Scope of Services exceed XXXXX ($X,XXX.00).

B. Invoices. Upon submission of each invoice, if the City is satisfied that the Contractor has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.

Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State and federal law. These payments are included in the total amounts in Exhibit "B".

Licenses; Standard of Care.

3. -3-
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Qualifications. Contractor represents and agrees that all personnel engaged by Contractor in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Contractor represents and warrants to City that it has all licenses, permits, qualifications, and approvals to provide the services and work required to be performed by this Agreement.

Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

B. Licenses, Permits. Should any of Contractors' licenses, permits or other approvals lapse, be suspended or otherwise no longer be in effect, Contractor shall immediately provide Notice to the City's Public Works Director pursuant to Section 20.

Contractor shall identify the license, permit or approval which is no longer in effect, what steps are needed to cure this deficiency and the date when Contractor anticipates their license, permit or approval will be restored. Contractor shall be responsible for all costs of delay caused by any such deficiency.

C. Standard of Care; Corrections. Contractor shall perform the Services under this Agreement in a skillful and competent manner. The Contractor shall be responsible to City for any errors or omissions in the performance of the Services pursuant to this Agreement. Should any errors caused by Contractor be found in such Scope of Services, Contractor shall correct the errors at no additional charge to City by redoing the Services. Should Contractor fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by the City, and the cost thereof shall be charged to the Contractor.

7. Legal Responsibilities.

4. A. Contractor shall keep itself informed of all State and Federal law(s) and regulation(s) which may in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

B. The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or damages that may arise from injury to any person, including employees of Contractor or any subcontractor, or from damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the required Services.

Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

9. Subcontracting Subject to Approval. Contractor may not subcontract any portion -4-
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of the Services required by this Agreement to other person(s) or firm(s) unless Contractor first obtains the written consent of City to engage in such subcontracting.

10. Independent Contractor. Contractor is and shall, at all times, remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Contractor or any of the Contractor's officers, employees, or agents. Except as specified in writing by City, Contractor shall not, at any time or in any manner, represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. In addition, Contractor shall have no authority, expressed or implied, to act on behalf of City, and Contractor shall have no authority, expressed or implied, to incur any obligation or liability against the City.

Contractor shall be responsible for and pay all taxes and other payments for Contractor and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.

11. Administration. This Agreement will be administered by the Public Works Department. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The Project Administrator shall represent the City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

12. Indemnification, Hold Harmless, and Duty to Defend.

A. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or 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, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants 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 bye the delsion
Indemnitees as determined by 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 Indemnitees in connection therewith. -5-
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10. B. Subcontractors. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person(s) or entity(ies) involved by, for, with, or on behalf of the Contractor in the performance of this Agreement.

11. C. Workers' Compensation Acts not Limiting. Contractor's indemnifications and 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 officers, agents, employees and volunteers.

D. 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 the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

E. Survival of Terms. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

F. Offset. City may 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 paragraph.

12. 13. Liability Insurance.

13. A. Insurance Policies. Without limiting Contractor's indemnification of the City as described in Section 12, Contractor shall obtain and provide and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Contractor's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City or any settlement entered into by the City.
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C. Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
[Delete if the services do not require a professional license] Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 (a) per claim and (b) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement. 4) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub-contractors.

E. Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, employees or subcontractors. -7-
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F. Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

H. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class Vil (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

1. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

K. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

L. Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and -8-
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volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

M. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

O. Pass Through Clause. Contractor agrees to ensure that its subcontractors) and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.

P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.

Q Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

R. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

S. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

14. 14. State Labor Code; Prevailing Wage Requirements.

15. A. Public Works. 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 -9-
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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 Chapter 1 and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.

B. Prevailing Wage. Contractor and all sub-contractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Laguna Niguel and are available for review upon request.

C. Contracts. 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 paragraph A of this Section.

D. Registration with DIR. 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 the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

E. Compliance Monitoring. 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.

F. Copies of Per Diem Wages. 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. Contractor shall post at the work site a copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.

G. Penalties. 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. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker -10-
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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.

H. Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (2) certify and make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records. The Contractor and each sub-contractor shall furnish the records specified in State Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner. l. Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Section 1777.5 of the Labor Code requires Contractor or Contractors employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. 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.

J. Debarment or Suspension. The 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. The 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 the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City. -11-
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K. Overtime. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section vove. Contractor shal conny be 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the 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.

L. Workers' Compensation. 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."
M. Subcontractors. 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.

N. Prevailing Wage Indemnification. 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 arising out of the payment of prevailing wages 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 -12-
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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.

15. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these provisions before commencing performance of work under this Contract. The Contractor shall sign a Workers' Compensation Insurance Certificate, in a form satisfactory to the City, and submit the signed Certificate to the City prior to commencing work under this Contract.

16. 16. Payment Bond Required. For any work performed under this Agreement, such as "repair" work, that does not qualify as "maintenance" work, a Payment Bond (Labor and Materials) shall be submitted by Contractor to the City for the estimated value of that public project work if the value of that work exceeds $25,000.00. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount for that public project work, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit "C" and incorporated herein by this reference.

17. 17. Warranty.

18. A. Warranty Period. The work shall be warranted by Contractor against defective materials and workmanship for a period of one year. The warranty period shall start on the date the work is completed as determined by the Project Administrator.

B. Commencement. The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Project Administrator in writing.

C. Assignment. All warranties, express or implied, from subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to City, and such warranties shall be delivered to the Project Administrator prior to acceptance of Contractor's performance of the Agreement.

D. Replacement. Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Project Administrator, after notice to do so from the Project Administrator, and within the time specified in the notice. If Contractor fails to make such replacement or repairs within the time specified in the notice, City may perform the replacement or repairs at Contractor's expense. If Contractor fails to reimburse City for the actual costs, Contractor's Surety shall be liable for the cost thereof.

19. E. Nondiscrimination by Contractor. Contractor represents and agrees that Contractor, its affiliates, subsidiaries, or holding companies do not and will not -13-
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discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

20. 18. Termination.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least thirty (30) calendar days before the termination is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.

Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination as specified in the Notice of Termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.

19. Notice(s). Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (ii) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).

21. -14-
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CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: Company Name
Attn: Name
Address: Business Mailing Address
City, State, Zip Code: City, State, Zip Code

20. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of Services described in Exhibit "A" hereto by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services.

Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

21. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Contractor's proposal, the provisions of this Agreement shall control.

22. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, State of California.

23. Breach of Agreement. In addition to the right of termination set forth in Section 19, if Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. -15-
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Attorney Fees. If any legal action or other proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to any other relief to which the party may be entitled.

23. 25. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

24. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

25. 27. Authority to Sign. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
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"CITY"

CITY OF LAGUNA NIGUEL
By:_
Tamara S. Letourneau
City Manager
ATTEST:

Thy M. Merritt,
Deputy City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Kevin G. Ennis
City Attorney
"CONTRACTOR"

COMPANY NAME
By:

Print Name:

Title:

By:

Print Name:

Title:
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EXHIBIT "A"

SCOPE OF SERVICES
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EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
[The method of compensation may include: (i) a lump sum payment upon completion of the services, (ii) payment in accordance with specified tasks or the percentage of completion of the services, (iii) payment for time and materials based upon Contractor's rates, provided that time estimates are provided for the performance of sub tasks, but not exceeding the not-to-exceed sum or (iv) such other methods as may be agreed upon between the parties.]
B-1
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EXHIBIT "C"

FORM OF PAYMENT BOND
Form of Payment Bond (Labor and Materials)
(If and when required under Section 16 of Agreement)
Bond No.

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Laguna Niguel ("Public Agency"), State of California, has awarded to (Principal") a contract "Contract") to
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ($_ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall B-2
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for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives) pursuant to authority of its governing body.

Dated:
"Principal" "Surety"
By: By:

Its: Its:
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

INSTRUCTIONS FOR USE
[DELETE THIS PAGE PRIOR TO USE OF THIS AGREEMENT]
This template is designed for contracts for maintenance services. For a definition of "maintenance" "see Section 22002(d) of the Public Contract Code.

Any deviations in the substantive provisions of this template require prior approval by the Office of the City Attorney. Any deviations in Section 13 (Insurance) or Section 12 (Indemnification) also require approval by the Risk Manager/Insurance Advisor.

The DIR registration number is not required for maintenance projects under $15,000.00. For such projects, insert "N/A" in the blank on the introductory paragraph on page 1.

4. Section 3 - Term. We recommend an initial term of no more than three years for most on-going maintenance contracts. In some cases, a shorter period is warranted. If this is a one-time maintenance project, replace the text of Section 3 with the following:
"This Agreement shall become effective on the date first set forth above and shall remain in effect until the tasks described herein are completed to City's approval, but in no event later than → 20_, unless sooner terminated B-3
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pursuant to Section 19 of this Agreement."
If the Agreement is approved by the City Council, the Agenda Report may grant authority to the City Manager to extend the terms of the Agreement for two (2) additional one-year terms, as long as the payment to the Contractor does not exceed $50,000.00. If these conditions are met, language to that affect can be added into Section 3.

Section 4 - Payment. This section contemplates a regular monthly payment for a multi-year contract. In the second sentence, insert the amount of the total compensation for the initial term of the contract. If this is a one-time maintenance project, modify Section 4 accordingly.

Section 13 - Insurance. If the services to be performed do not require a professional license to perform, as distinguished from a contractor's license, then the paragraph specifying the limits of professional liability insurance can be deleted.

Section 16 - Payment Bond Required. Payment Bonds are only required on projects with a value which exceeds $25,000.00. If a Payment Bond is not needed, replace Section 16 with "NOT USED".

8. Section 17 - Warrant. If a warranty is not sought or likely to be provided or needed, replace Section 17 with "NOT USED".

Exhibit A should be a Scope of Work prepared by staff, including all required performance standards. The RFP and/or proposal should not be used for this purpose. Ideally, the Scope of Work will be included in the RFP and can be pulled out from the RFP and attached to the agreement as Exhibit A (perhaps with minor modifications resulting from Contractor's proposal).

10. Exhibit B is the schedule of compensation. Ideally, but no necessarily, the RFP would include a blank schedule of fees and charges to be filled in the proposers, which can be pulled out from the proposal and attached to the Agreement. Exhibit B should also set forth the manner and time of payment, including invoice requirements.

B-4
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ATTACHMENT C
RFP Evaluation Sheets
City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
(949) 362-4337 - www.cityoflagunaniguel.org/pw
RFP Name: Citywide Holiday Lights and Decorations Installation and removal, RFP No. 2022-09 RFP Issue Date: May 05, 2022
RFP Due Date: June 02,2022
No. of Bidders:

Bid Summary
Bidder Name Bid Amount Evaluation Average Evaluation Ranking Bapptre Landscaping Inc. dba Shine
Illumination (Recommended) $115,105.00 97
BrightLife Designs $116,474.00 94
St. Nick's $170,930.00 88
Dekra-Lite $725,469.00 72

ATTACHMENT D
Maintenance Services Agreement with Bapptree
Landscaping, Inc., dba Shine Illumination for
Citywide Holiday Lights and Decorations

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE HOLIDAY LIGHTS AND DECORATIONS
THIS AGREEMENT is entered into as of ("Effective Date"), by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", a California Corporation dba Shine Illumination,
RECIIALS:

A. The City requires the services for the rental and removal of holiday lights and decorations at City Sites and installation, maintenance and removal of median tree lighting for the City of Laguna Niguel, as described in Exhibit "A", attached hereto and incorporated herein.

B. The City sought proposals for the services of Citywide Holiday Lights and Decorations Installation and Removal of Median Tree Lighting on May 05, 2022.

C. Contractor submitted a proposal to the City to provide the required services, which is dated May 20, 2022.

D. City staff reviewed all of the proposals and, after considering the qualifications, proposed staffing, working plans, response time, fairness, and reasonableness of the Contractor's proposed cost, has determined that an Agreement to provide the required services should be awarded to the Contractor.

E. Contractor has the proper Landscape Contractor's license, experience and qualities to render the required services.

F. The City and Contractor now desire to enter into this Agreement for the required services.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Citywide Holiday Lights and Decorations Installation and Removal of Median -1-
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Tree Lighting (the "Project"). Contractor agrees to perform the services for City, in a manner satisfactory to City, as described in the Scope of Services ("Services"), which is attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and Exhibit "A", the terms of this Agreement shall take precedent over Exhibit "A".

Additional or Different Services. Any proposed changes to the Scope of Services, which are the subject of this Agreement, shall be made only by written amendment to this Agreement.

3. Term. The Contractor shall commence providing the required services on July 20, 2022, and this Agreement shall continue in full force and effect until June 30, 2025, subject to termination as provided in Section 19, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended administratively by the City for two, one- year terms if the Contractor's performance is satisfactory and it is in the interest of the City.

4. Payment.

Payment for Services. City agrees to pay Contractor for providing the maintenance services, which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A" (Schedule of Compensation; Method of Payment) for the not-to-exceed amount of One Hundred Thousand Dollars ($115,105.00) for each Fiscal Year 2022-23, 2023-24, and 2024-25. The sum of the contract shall not exceed the amount of Three Hundred Thousand Dollars ($345,315.00) (the "Contract Sum").

A Twenty percent (20%) contingency allowance in an amount not-to-exceed Twenty Thousand Dollars ($23,021.00) for each Fiscal Year 2022-23, 2023-24, and 2024-25 is provided to account for unforeseen conditions or additional work related to this Project.

The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

In no event shall the total compensation paid to the Contractor for the Scope of Services exceed One Hundred Twenty Thousand Dollars ($138,126.00) per year for Fiscal Years 2022-23, 2023-24, and 2024-25.

B. Invoices. Upon submission of each invoice, if the City is satisfied that the Contractor has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld. -2-
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5. Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State and federal law. These payments are included in the total amounts described in Exhibit "A".

6. Licenses; Standard of Care.

A. Qualifications. Contractor represents and agrees that all personnel engaged by Contractor in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Contractor represents and warrants to City that it has all licenses, permits, qualifications, and approvals to provide the services and work required to be performed by this Agreement.

Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

B. Licenses, Permits. Should any of Contractors' licenses, permits or other approvals lapse, be suspended or otherwise no longer be in effect, Contractor shall immediately provide Notice to the City's Public Works Director pursuant to Section 20.

Contractor shall identify the license, permit or approval which is no longer in effect, what steps are needed to cure this deficiency and the date when Contractor anticipates their license, permit or approval will be restored. Contractor shall be responsible for all costs of delay caused by any such deficiency.

At all times during the term of the Contract, Contractor shall possess a valid and current C27 Landscaping License to perform the required work ("Work"). Contractor hereby certifies that it holds the required license(s). Contractor's license number is 896442.

C. Contractor Department Industrial Relation Registration No. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

Contractor's DIR registration number is 1000052741.

D. Standard of Care: Corrections. Contractor shall perform the Services under this Agreement in a skillful and competent manner. The Contractor shall be responsible to City for any errors or omissions in the performance of the Services pursuant to this Agreement. Should any errors caused by Contractor be found in such Scope of Services, Contractor shall correct the errors at no additional charge to City by redoing the Services.

Should Contractor fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by the City, and the cost thereof shall be charged to the Contractor.

7. Legal Responsibilities.
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A Contractor shall keep itself informed of all State and Federal law(s) and regulation(s) which may in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or damages that may arise from injury to any person, including employees of Contractor or any subcontractor, or from damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the required Services.

8. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

9. Subcontracting Subject to Approval. Contractor may not subcontract any portion of the Services required by this Agreement to other person(s) or firm(s) unless Contractor first obtains the written consent of City to engage in such subcontracting

10. Independent Contractor. Contractor is and shall, at all times, remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Contractor or any of the Contractor's officers, employees, or agents. Except as specified in writing by City, Contractor shall not, at any time or in any manner, represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. In addition, Contractor shall have no authority, expressed or implied, to act on behalf of City, and Contractor shall have no authority, expressed or implied, to incur any obligation or liability against the City.

Contractor shall be responsible for and pay all taxes and other payments for Contractor and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.

11. Administration. This Agreement will be administered by the Public Works Department. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement.

The Project Administrator shall represent the City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

12. Indemnification. Hold Harmless, and Duty to Defend.

A. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected -4-
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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"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or 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, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants 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 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 Indemnitees in connection therewith.

B. Subcontractors. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person(s) or entity(ies) involved by, for, with, or on behalf of the Contractor in the performance of this Agreement.

C. Workers' Compensation Acts not Limiting. Contractor's indemnifications and 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 officers, agents, employees and volunteers.

D. 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 the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

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

F Offset. City may 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 -5-
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paragraph.

13. Liability Insurance.

Insurance Policies. Without limiting Contractor's indemnification of the City as described in Section 12, Contractor shall obtain and provide and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Contractor's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City or any settlement entered into by the City.

C. Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:

General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) Automobile Liability Insurance. Contractor shali maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in onnection with Work to be performed under this Agreement, including coverage for any wned, hired, non-owned or rented vehicles, in an amount not less than $1.000.000 combined single limit for each accident.
3) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits insur least $1,000,000, Contractor shall submit to City, along with the certificate of a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
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D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub-contractors.

E. Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, employees or subcontractors.

F. Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to nonal regreat contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
l. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other equirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion 13018-0008\2691462v1 doc
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of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

K Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

L. Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

O. Pass Through Clause. Contractor agrees to ensure that its subcontractors) and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.

P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.

Q. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
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R. Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

S. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

14. State Labor Code; Prevailing Wage Requirements.

A. Public Works. 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 Chapter 1 and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.

Prevailing Wage. Contractor and all sub-contractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Laguna Niguel and are available for review upon request.

C. Contracts. 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 paragraph A of this Section.

D. Registration with DIR. 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 the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. -9-
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E. Compliance Monitoring. 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.

F. Copies of Per Diem Wages. 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. Contractor shall post at the work site a copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.

Penalties. 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. The 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.

H. Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (2) certify and make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records. The Contractor and each sub-contractor shall furnish the records specified in State Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.

1. Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Section 1777.5 of the Labor Code requires Contractor or Contractors employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to -10-
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accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. 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.

J. Debarment or Suspension. The 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. The 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 the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

K. Overtime. 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. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the 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.

L. Workers' Compensation. 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."
M. Subcontractors. 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 -11-
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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.

Prevailing Wage Indemnification. 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 arising out of the payment of prevailing wages 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.

15. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these provisions before commencing performance of work under this Contract. The Contractor shall sign a Workers' Compensation Insurance Certificate, in a form satisfactory to the City, and submit the signed Certificate to the City prior to commencing work under this Contract.

16. Payment Bond Required. For any work performed under this Agreement, such as "repair" work, that does not qualify as "maintenance" work, a Payment Bond (Labor and Materials) shall be submitted by Contractor to the City for the estimated value of that public project work if the value of that work exceeds $25,000.00. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount for that public project work, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit "B" and incorporated herein by this reference.

17. Warranty.

A. Warranty Period. The work shall be warranted by Contractor against defective materials and workmanship for a period of one year. The warranty period shall start on the date the work is completed as determined by the Project Administrator. -12-
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B. Commencement. The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Project Administrator in writing.

Assignment. All warranties, express or implied, from subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to City, and such warranties shall be delivered to the Project Administrator prior to acceptance of Contractor's performance of the Agreement.

D. Replacement. Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Project Administrator, after notice to do so from the Project Administrator, and within the time specified in the notice. If Contractor fails to make such replacement or repairs within the time specified in the notice, City may pertorm the replacement or repairs at Contractor's expense. if Contractor fails to reimburse City for the actual costs, Contractor's Surety shall be liable for the cost thereof.

E. Nondiscrimination by Contractor. Contractor represents and agrees that Contractor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

18. Termination.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least thirty (30) calendar days before the termination is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination as specified in the Notice of Termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have -13-
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no other claim against City by reason of such termination, including any claim for compensation.

19. Notice(s). Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (ii) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).

CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: Bapptre Landscaping Inc. dba Shine
Illumination
Attn: Bruce Brenon
Address: 32773 Calle Perfecto
City, State, Zip Code: San Juan Capistrano, CA 92675

20. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of Services described in Exhibit "A" hereto by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

21. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement. If any -14-
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inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Contractor's proposal, the provisions of this Agreement shall control.

22. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, State of California.

23. Breach of Agreement. In addition to the right of termination set forth in Section 19, if Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.

24. Attorney Fees. If any legal action or other proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to any other relief to which the party may be entitled.

25. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

26. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

27. Authority to Sign. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so -15-
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Thy M. Merritt,
Deputy City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Kevin G. Ennis
City Attorney
"CONTRACTOR"
Bapptre Landscaping Inc.
dba Shine Illumination
a California corporation
By:

Print Name:

Title:

By:

Print Name:

Title:
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EXHIBIT "A"

SCOPE OF SERVICES & COMPENSATION

INTRODUCTION
The City of Laguna Niguel seeking an experienced firm/company to perform Installation, Rental and Removal of Holiday Lights and Decorations at City Sites and Installation, Maintenance and Removal of Roadway Median Tree Lighting.

SERVICES TO BE PROVIDED
The work to be performed shall consist of furnishing all labor, materials and equipment necessary to install and remove the holiday lights and decorations for City sites and install, maintain and remove the holiday lighting for the landscape median trees within the City of Laguna Niguel.

LOCATIONS
Holiday lighting and decorations will be installed on the following City facilities:

City Hall
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Crown Valley Park Community Center
29571 Crown Valley Parkway
Laguna Niguel, CA 92677
ea Country Senior and Community Cente
4602 Also Creek Roa
Laguna Niguel, CA 92677
Laguna Niguel Skate Park Marquees
27745 Alicia Parkway
Laguna Niguel, CA 92677
Holiday lighting will be installed on the following center medians:

Alicia Median Parkway- Trees 1-25 (25 Trees and 544 Light Strands) Crown Valley Parkway Median - Trees 26-31 (6 Trees and 168 Light Strands) Niguel Road Median - Trees 32-37 (6 Trees and 96 Light Strands) Pacific Park Drive - Trees 38-39 (2 Trees and 92 Light Strands) -17-
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PERFORMANCE STANDARDS
For the installation of holiday lighting and decorations on City facilities, the contractor will:

1. Holiday lighting on the Thursday and Friday of the week prior to the Thanksgiving holiday for the life of the contract.

2. Remove holiday lighting and decorations after January 2nd and complete by January 8th for the life of the contract.

3. Provide all commercial grade light emitting diode ("LED"') lights. Prices are to include installation and removal of allmaterials such as extension cords, clips and other items as needed. All products shall be leased to the City for the entire term of the season except for the tree topper for the outdoor Christmas Tree.

4. Provide repair and/or service of lights that malfunction.

5. Install all decorations with self-adhesive hooks. No drilling or screws shall be used.

6. Use only gaffer tape for cords (color and brand to be approved by the City).

7. Provide insurance in accordance with Proposed Agreement and shall list the City as additionally insured on the insurance certificate.

8. Have samples of all decorations pre-approved by City Staff Prior to installation.

For the installation of holiday lighting on City medians, the contractor will:

1. Furnish all necessary labor, tools, material, and equipment necessary to install, maintain and remove the median tree holiday string lights and electrical systems) related to each tree belonging to the City of Laguna Niguel. There are thirty-nine (39) individual trees. Note: All median tree holiday lights shall be provided by the City of Laguna Niguel.

2. Be professional and current with the times utilizing state-of-art methods and equipment considered to be acceptable under existing standards.

COST ADJUSTMENT
The Contractor may apply for a cost adjustment after the three-year term. For the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all of the performance standards as established by this Contract.

Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA. All Items not seasonally adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.)
The Contractor will be notified of the City's intention to extend the contract at least 30 calendar days prior to the expiration date of the contract.
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DEFICIENT IN PERFORMANCE
The Contractor shall be notified both verbally and in writing, each time its performance is unsatisfactory and corrective action is necessary.

The Contractor shall complete corrective action within 24 hours of verbal notification.

City reserves the right to DEDUCT from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent or the unsatistactory work. A copy of the City inspection record for the facility, with associated deduction calculation will be furnished to the Contractor prior to a deduction being made. All work determined by the Building Facilities Supervisor or his/her designee to be defective or deficient in any of the requirements shall be remedied by the Contractor at Contractor's expense and in a manner acceptable to the City of Laguna Niguel.

VANDALISM
All incidents out of the norm, including but not limited to, crimes, thefts, vandalism, hazards, etc., shall be reported immediately by phone to the Building and Facilities Maintenance Supervisor and followed by confirmation in writing.

The Contractor shall protect all furnishings and improvements from damage by its operations. All damage occurring during the Contractor's operations shall be repaired or replaced, at the option of the City at the Contractor's expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to the original in all aspects.

INVOICES
At the end of each month, the Contractor shall submit an invoice which shall summarize all completed work during that job/month. Invoices will include the invoice number, purchase order number, and a detailed description of work by location and type of work performed.

Invoices will be emailed to: [email protected]

AUTHORIZATION TO PERFORM SERVICES
The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the City Representative. -19-
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BASE BID
Items listed below are included in the mandatory scope of work:

Item Description Location Unit Quantity Cost
nstall pre-lit commercia
arland decorated with
premium decor package City Hall
1 silver and gold on top of Entrance
EA 1 $1,080.00
monument Wall. Note: power Monument
needed for lights in garland.

Install (20) strands of mini
lights in lower hedge around City Hall EA 1 $600.00
2 base of monument. Entrance
Monument
Install (15) strands of mini
lights; pure white/ warm City Hall
white with strobe in (4)
3 Entrance EA 4 $1,800.00
Trees wrapped at 3" Trees- Right
spacing into canopy of Side
tree.

Install (20) strands of mini City Hall
lights; pure white/ warm white Entrance
4 with strobe in (4) Trees EA 6 $3,600.00
wrapped at 3" spacing into Drive- Right
canopy of tree. Side
Install (20) strands of mini City Hall
lights; pure white/ warm white Entrance
5 with strobe in (6) Trees EA 6 $3,600.00
wrapped at 3" spacing into Drive- Left
canopy of tree.

Install (10) strands of mini Entrance
lights; pure white/ warm white Drive - Center EA 5 $1,500.00 6 with strobe in (4) Trees Median
wrapped at 3" spacing into
canopy of tree.

Christmas
7 Tree 1
EA $12,500.00
installation requires the rental
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of a boom lift, which shall be
included in the overall price.
(9) Outdoor colorful gifts
under City Hall Pine Tree Christmas
8 Provide (9) lighted gift boxes
EA 9 $3,600.00
in 3 difference sizes.

Wrap each palm with City Hall
approximately ten (25)
9 strands of pure white/ warm Medjool Palm
white strobe, mini LED lights. EA 2 $1,500.00
Pineapple of Palm to be Trees in (2)
wrapped at 1" spacing. Planter Boxes
Installation of (15) select City Hall
Palm Branches wrapped
10 along fronds with warm white Medjool Palm EA 2 $1,500.00 and pure white mini lights Trees in (2)
with strobe in lower canopy. Planter Boxes
Wrap each tree with History Walk
approximately ten (10) Trees (14) in
strands of pure white/ warm Walkway to EA 14 $4,200.00
white strobe, mini LED lights. Police
Services
Install pre-lit and decorated
commercial garland with City Hall
Silver and gold ornaments Archway -
12 over the entrance doors to Above EA 1 $1,750.00
City Hall. The garland shall Entrance
match the "Community Door
Room" sign garland.

Provide and install pre-lit City Hall
twelve (8)-foot wreath above
13 Entrance
the entrance doors. The EA 1 $1,200.00
Door -
colors shall be silver and Overhead
gold.

Install perimeter lighting
around the exterior roof lining
of the building. Attach LED
C9 bulbs on stringer wire with City Hall
14 twelve (12)-inch spacing Building EA 1 $6,500.00
along the roof line of City Roofline
Hall. 1,300 Linear Feet.

Special Lift Required for
some areas.

Install pre-lit and decorated
commercial garland with City Hall
15 silver and gold ornaments Community EA 1 $900.00
over the "Community Room" Room - Sign
Install pre lit and decorated
sixty (60)-inch wreath above City Hall
16 the "Community Room" sign. Community
The wreath shall be Room -
Window EA 1 $750.00
decorated with silver and gold
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ornaments for a traditional
look.

Install sixty (60) feet of pre-lit City
decorated commercial Monument
garland swaggered along the Wall Facing
17 top of the wall. Alicia EA 1 $900.00
Parkway and
Crown Valley-
Corner
Monument
Tree behind monument wall City
wrap the tree with Monument
approximately (15) strands of Wall Facing
18 pure white/ warm white with Alicia EA 1 $450.00
strobe, mini-LED lights. Parkway and
Crown Valley-
Corner
Monument
Installation of (40) strands City Hall
19 warm white mini lights in Courtyard- EA 40 $1,000.00 bushes around "We the We the
People". People
Install pre-lit and decorated
commercial garland with
silver and gold ornaments City Hall
20 over the sides and top of We Courtyard- EA 1 $1,500.00 the People Monument. We the
Installation method should People
secure garland without
damaging monument.

Installation of (20) strands City Hall
21 warm white mini lights in Courtyard EA 20 $500.00
bushes. Planters
Prepare a 2- (12foot) foot
pre-lit LED artificial tree with
all decorations, tree skirt EA 2 $4,500.00
under the tree. The tree shall
be decorated with silver and
gold ornaments along. There City Hall
22 shall also be a decorated Interior- Main
topper. Please estimate how Lobby
many bulbs the tree should
have to look nice and get a
'wow" effect. See Photo fol
Prepare (1) 8' foot pre-lit LED
artificial tree with all
decorations, tree skirt under City Hall
23 the tree. The tree shall be Interior- First
decorated with silver and gold Floor Office
ornaments along. There shall
also be a decorated topper. EA 1 $900.00
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Please estimate how many
Prepare (1) 8' foot foot pre-lit
LED artificial tree with all
decorations, tree skirt under
the tree. The tree shall be
decorated with silver and gold City Hall
ornaments along. There shall Interior-
24 also be a decorated topper. Second Floor EA 1 $900.00 Please estimate how many Office
bulbs the tree should have to
Install pre-lit and decorated
commercial garland with Crown Valley
silver and gold ornaments on Park and
each archway post. Each Community EA 1 $1,800.00
25 post is approximately 17 feet
high, and the garland needs Center-
to be wrapped around each Archway
post going up.

Install perimeter lighting
around the perimeter lining of
the Crown Valley Park sign. Crown Valley
Attach LED C9 bulbs on Park and
26 stringer wire with twelve (12)- Community EA 1 $500.00 inch spacing along the
perimeter. The sign is
approximately 50 feet wide
and 4 feet high.
(6) Pots going along bridge- 3 Crown Valley
on each side installed with 3) Park and EA 18 $1,710.00 24" spritzers at staggering Community
heights in each pot.

Bridge Pots
Install ninety (90) feet of pre- Crown Valley
28 lit decorated commercial Park and EA 1 $1,350.00
garland along the top of the Community
lower wall. Center
Corner
Monument
Install (20) Strands of pure Crown Valley
29 white/ warm white strobe Park and
lights in lower shrubs above Community EA 1 $500.00
garland Center-
Corner
Monument
(3) Around Corner Monument Crown Valley
30 Entrance to Community Park and
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Center installed with (3) 24" Community EA $855.00
Spritzers with chrome stakes Center-
at staggering heights in each Corner
Monument
Prepare a twelve (12)-foot
pre-lit LED artificial tree with
all decorations, tree skirt and Crown Valley
wrapped presents under the Park and EA
1 $2,250.00
tree. The tree shall be Community
Center- Inside
decorated with silver and gold Lobby
ornaments. There shall also
be a decorated topper.

Marquee Signs at Corner of
Moulton Parkway. Install pre- Sea Country
lit commercial garland Senior and
32 decorated with ornaments, Community EA 1 $600.00
silver and gold. Install a Center-
twenty-four (24)-inch red bow Moulton
with gold lining for each Marquee
marquee sign.

Marquee Signs at Corner of
Moulton Parkway and Aliso Sea Country
Creek. install pre-lit Senior and
commercial garland Community
33 decorated with ornaments, Center- EA 1 $600.00
Silver and gold. Install a Moulton /
twenty-our 2-inch red bow Aliso
with gold lining for each Marquee
marquee sign.

Wrap the trunk and branches
of the large oak tree located
in the parking lot with one
hundred (100) count warm Sea Country
white, mini-LED lights Senior and
(approximately 35 light Community
34 strands) starting from the Center- Oak EA 1 $1,050.00 base of the tree and ending Tree
approximately fifteen (15) to
Sea Country
Senior and
Community
35 Center- EA 1 $7,050.00
of Sea Country Community Building
Center. (Installation approx Roofline
repare a twelve (12)-foo Sea Country
re-lit LED artificial tree wit Senior and
36 all decorations, tree skirt and Community
wrapped presents under the Center- Inside EA 1 $2,250.00 -24-
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tree. The tree shall be Lobby
at Each Parking Lot
Entrance. Install pre-lit Laguna
commercial garland Niguel Skate
37 decorated with ornaments, Park- Parking EA 2 $800.00 Silver and gold. Install a
Lot Entrance
twenty-four (24)-inch Gold
bow with gold lining for each
marquee sign.

Alicia Median Parkway - Center
Trees 1-25 (25 Trees and Median Trees
38 544 Strands). Lights currently Throughout EA 544 $5,440.00 owned by City City- Alicia
Parkway
Crown Valley Parkway Center
ledian - Trees 26-31 ( Median Trees
39 rees and 168 Strands Throughout EA 168 $1,680.00
Lights currently owned by City- Crown
Valley
Niguel Road Median - Trees Center
32-37 (6 Trees and 96 Median Trees
Strands). Lights currently Throughout EA 96 $960.00
owned by City City- Niguel
Rd
Pacific Park Drive - Trees 38- Center
39 (2 Trees 92 Strands). Median Trees
Lights currently owned Throughout EA 92 $920.00
City- Pacific
Park Drive
TOTAL COST (BASE BID) $87,545.00

OPTIONAL ADD-ON'S
Items listed below are not included in the mandatory scope of work:

Item Description Location Unit Quantity Cost
Installation of (4) 24" City Hall
1 Spritzers in pot behind Exterior EA 4 $342.00
monument around agave Entrance
Monument
Installation of 24" Spritzers City Hall
(4) per Tree installed at Exterior
2 random heights and spacing Entrance EA 20 $1,350.00
throughout the canopy of Trees- Right
each tree Side
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Installation of 24" Spritzers Entrance
3 (6) per Tree installed at Drive to City
random heights and spacing Hall - After EA 24 $1,620.00 throughout the canopy of Turn Right
each tree. Side
Installation of 24" Spritzers
(6) per Tree installed at Entrance
4 random heights and spacing Drive to City EA 24 $1,620.00 throughout the canopy of Hall - After
each tree. Turn Left Side
Installation of 24" Spritzers Entrance
(3) per Tree installed at Drive to City
5 random heights and spacing Hall - After EA 18 $1,215.00 throughout the canopy of Turn Center
each tree. Median
Installation of (15) warm
6 white / pure white 24" Christmas EA $1,012.50
spritzers to be installed in the Tree
tree.

Installation of (15) pure white Christmas
7 24" starburst to be installed in EA 15 $1,012.50
the tree. Tree
6' JOY Display and photo op Christmas
8 set next to Christmas Tree EA 1 $5,100.00
and Gift Boxes. Tree
9 (2) 48" Spritzers at Random Christmas EA 2 $1,440.00
Heights 4, 8 and 12. Tree
(4) Light poles wrapped with History Walk
(2) ea. Lighted garland with Trees (14) in
10 premium decor package and Walkway to EA 4 $2,040.00
18" gold bow at top. Police
Services
Installation of (6) 24"
Spritzers in front of We the City Hall
11 People planter. On 2-4'7 Courtyard EA 6 $513.00
Chrome Staked Risers. Set at
varying heights
(4) 48" Spritzers at Random City Hall
12 Heights 4',8' or 12'. 2 on each Courtyard EA 4 $1,440.00 side.
13 (1) 12: Walkthrough City Hall EA 1 $8,000.00
Ornament. Courtyard
Installation of (10) 24" City Hall
Spritzers in front of We the
People planter. On 2-4 Courtyard 10
14 Around EA $855.00
Chrome Staked Risers. Set at Ornament
varying heights.

TOTAL COST (OPTIONAL ADD-ON'S) $27,560.00
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