Laguna Niguel City Council
April 18, 2023

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: April 18, 2023
SUBJECT: Approval of Maintenance Services Agreement for Citywide Streets Maintenance Services with MCE Corporation

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Maintenance Services Agreement for Citywide Streets Maintenance Services with MCE Corporation in the not-to-exceed amount of $2,518,209 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods;

2. Approve a 10% contingency of the total contract in the amount of $251,821 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 $2,770,030 per year, if needed; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with MCE Corporation, subject to the City Attorney making non-substantive changes.

BACKGROUND
The City of Laguna Niguel is committed to providing a vibrant quality of life for all residents, businesses, and visitors in a safe, beautiful, and involved community. The City's network of streets spans 141 miles and includes a variety of publicly owned infrastructure including sidewalks, traffic signs, roadway markings, streetlights, bus stops, storm drains and culverts. To provide the community with an aesthetically pleasing, reliable, and comfortable driving and pedestrian experience, the City contracts street maintenance services to ensure the safety and orderly appearance of the City's roadways.

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 4 (Infrastructure and Technology) of the City's adopted Strategic Plan, the Public Works Department relies on maintenance contractors to maintain all City owned infrastructure.

At all times of day and night, on weekends and on holidays, the street maintenance contractor responds to routine service calls, provides emergency response in support of the Orange County Sheriff's Department or due to inclement weather, and performs preventative maintenance. Examples of the types of service are listed below. • Routine service includes the removal of debris and trip hazards on sidewalks and streets, pothole and large area asphalt repair, traffic sign maintenance and roadway striping, bus shelter cleaning, graffiti removal and the preparation for incoming storms by cleaning V-ditches, storm drains, and supporting the City's sandbag program. These types of routine services help the City mitigate the risks associated with deviations in the right-of-way. Preventative maintenance is planned by dividing the City into maintenance quadrants and assigning the street maintenance contractor to clean by quadrant.
• Special Event service includes the placement and removal of cones, barricades and other traffic control devices in support of the City's special events. These types of special event services help the City control vehicular and pedestrian traffic at City sponsored events.
• Emergency responses in support of the Orange County Sheriff's Department includes traffic control, supporting road closures, and on-scene traffic accident services to clear debris that may include hazardous materials. Emergency responses due to inclement weather includes hillside erosion control, flood control, replacing missing or damaged traffic signs, as well as fallen tree and powerline support.

ANALYSIS
In October 2022, staff published a Request for Proposals (RFP), shown in Attachment "A", to identify the most qualified contractors to provide citywide street maintenance services.

The maintenance services required in the RFP included the provision of skilled labor (with specialized training and certificates), tools, materials, and equipment to support the routine services, emergency responses, and preventative maintenance services needed to maintain the City's roadways. The RFP requested flat rates for labor and materials costs to provide an estimated quantity of street maintenance services. The City estimated the level of service based on street maintenance services provided in previous fiscal years. The flat rates were requested to develop a base bid for cost comparison purposes during the RFP evaluation process.

In response to the RFP, four proposals were received. The proposals were evaluated based on the following eight criteria: (1) Cost to the City; (2) Project Approach; (3) Completeness of the Proposal; (4) Project Controls; (5) Experience; (6) Quality of Goods; (7) Proposer's Financial Stability; and, (8) Emergency Response. The RFP Evaluation Summary is found in Attachment "B". A summary of the base bid amounts is shown in the table below.

Contractor Base Bid
MCE Corporation (Recommended) $2,518,209
Charles Abbott and Associates $4,283,709
TerraCare Associates $2,580,085
Gentry General Engineering $8,084,090
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 MCE Corporation represents the best overall value to provide street maintenance services.

The results of the REP process confirmed that MCE Corporation's pricing is at or below fair market rates. Over the past five years, MCE Corporation has provided the City with exceptional street maintenance services and professionalism. MCE Corporation has received many accolades and letters of gratitude from the City's residents. In addition, MCE has institutional knowledge of the City and understands how to deliver the level of street maintenance services required by the City. As the City's street maintenance service contractor for the past five years, MCE has worked closely with staff to value engineer the contract and reduce the cost for street maintenance service.

One of the most important items requested in the RFP is the 24 hour a day, 7 days a week emergency response to natural disasters and accidents. Response to emergency situations that can have an adverse effect on public safety, public health, and quality of life is a critical function of the street maintenance contractor. In this regard, MCE has been an exemplary partner of the City and the Orange County Sheriff's Department. MCE is the City's rapid deployment team to respond to any emergency. They have certified HazMat responders on staff that are required to clean after vehicle accidents, spills, and fires. With a dedicated maintenance crew who live in the region, MCE's emergency response time has met or exceeded the requirements in the contract.

Staff recommends that the City Council approve the Maintenance Services Agreement with MCE Corporation in the not-to-exceed amount of $2,518,209 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods. In addition, the Agreement will include a not-to-exceed 10% contingency of the total contract in the amount of $251,821 per year for additional work

for a total not-to-exceed amount of $2,770,030 per year. The Maintenance Services Agreement with MCE Corporation can be found in Attachment "C".

ALTERNATIVES CONSIDERED

1. The City Council may direct staff to reject all proposals and rebid the RFP for Streets Maintenance Services. Staff believes that re-advertising and rebidding will not result in more desirable quotes. Comparable proposals were either far more costly than MCE Corporation or the company lacks local presence to serve the City's needs. This alternative is not recommended because the existing streets maintenance services agreement expires on June 30, 2023.

2. The City Council may decide not to approve the Maintenance Services Agreement with MCE Corporation. This will eliminate the City's workforce to respond to routine service calls (removal of debris and trip hazards, pothole repair, storm preparation), preventative maintenance (to reduce the number of claims from sidewalk and roadway issues and preserve infrastructure) and provide emergency response in support of the Orange County Sheriff's Department or due to inclement weather.

FISCAL REVIEW
The proposed Fiscal Year 2023-24 Public Works Department budget includes $1,825,830 in the General Fund and $944,200 in Gas Tax for a total budget of $2,770,030 to fund this contract and the contingency.

LEGAL REVIEW
The City Attorney's Office has reviewed the Maintenance Services Agreement and has approved it as to form.

CONCLUSION
Staff recommends that the City Council:

1. Approve the Maintenance Services Agreement for Citywide Streets Maintenance Services with MCE Corporation in the not-to-exceed amount of $2,518,209 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods;

2. Approve a 10% contingency of the total contract in the amount of $251,821 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 $2,770,030 per year, if needed; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with MCE Corporation, subject to the City Attorney making non-substantive changes.

Jamara SAtorsian Spea
Tamara S. Letourneau Jackr Scot
City Manager Public Works Director/City Enginee
Sort wat
Bruce Lindemann
Maintenance Services Manager Streets Maintenance Superintendent Trevor Agrelius
Finance Director
Attachments:

A. RFP for Citywide Streets Maintenance Services
B. RFP Evaluation Summary
C. Maintenance Services Agreement with MCE Corporation for Streets Maintenance Services

ATTACHMENT A
RFP for Citywide Streets Maintenance Services

OF LAGUA
CUNT

SEA COUNTR
1989

CITY OF LAGUNA NIGUEL

REQUEST FOR PROPOSALS FOR

CITYWIDE STREET MAINTENANCE SERVICES
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
October 12, 2022
Proposals must be received by:
5:00 PM on November 30, 2022
1 TABLE OF CONTENTS
INSTRUCTIONS TO PROPOSERS... 3
RFP INQUIRY FORM... ......... 11

APPENDICES
Appendix A - Scope of Services
Appendix B - Contractor Pricing Form
Appendix C - General Specifications and Special Provisions Appendix D - City Map and Listing of Arterial Highways
Appendix E - City Parade and Road Closures
Appendix F - Agreement for Maintenance Services
Appendix G - Forms To Be Submitted with Proposal
2 INSTRUCTIONS TO PROPOSERS
Purpose. The City of Laguna Niguel ('City") is seeking proposals to provide Citywide Street Maintenance Services as described in Appendix A- Scope of Services.

The Street Maintenance contractor ("Contractor") shall perform all of the services being requested and be responsible for identifying and performing the scope of work deemed necessary for meeting the objectives identified by the City.

Contract Term. The initial contract term shall be for a period of three (3) years. The initial term is scheduled to start July 1, 2023 and end June 30, 2026. 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.

3. California Department of Industrial Relations (DIR) Requirements. The Proposal of a contractor who is not a DIR Registered Contractor when the Proposal is submitted will be rejected for non-responsiveness.

4. Prevailing Wages. The Contractor shall pay a prevailing rate of wage for work described herein 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.

5. 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. c. Represent that all information contained in the proposal is true and correct. d. 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 3 condition.

6. Availability of the RFP Document. The RFP document is available on PlanetBids portal. The City is not responsible for the accuracy or completeness of RFP documents obtained from any source.

RFP Schedule. The City reserves the right to modity 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 Milestone Dates
City Release of RFP October 12, 2022
Pre-Proposal Meeting
Location: Public Works Department second floor of 10:00 AM City Hall. November 1, 2022
5:00 P.M.

Final Questions Due
November 18, 2022
5:00 P.M.

Addendum Issuance
November 22, 2022
Proposal Due 5:00 P.M.
(Proposals are to be submitted to PlanetBids portal) November 30, 2022 Interviews (tentative) Mid-December 2022
Notification of Selection (tentative) January 2023
Contract Approval by City Council (tentative) February 21, 2023 RFP Questions and Inquires. Questions, inquiries, and clarifications must be presented on the RFP Inquiry Form (enclosed herein) and emailed to the PlanetBids portal. Inquiry forms are due as noted in the table above.

Addenda. Any City of Laguna Niguel changes to the requirements will be made by written addendum to this RFP.
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 PlanetBids.com. The City's posting of Addenda on the 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 4 a proposal to be deemed non-responsive.

10. Mandatory Pre-Proposal Meeting. A mandatory Pre-Bid meeting will be conducted for this RFP. The day/time pre-proposal meeting is noted in the table above. The location is the Public Works Department second floor of City Hall.

Qualifications. The following minimum qualifications are desired:
• Minimum of ten (10) full years of similar work
• Work with Cities, Counties, local government agencies

12. Data To Be Submitted With Project Proposals. The content and sequence of the information contained in each copy of the proposal shall be as follows:
a. Letter of Transmittal. Include your firm's understanding of the work to be performed. In addition, state why your firm believes itself to be the best qualified to perform the services requested. Also, state the Management Contact (Representative authorized to sign an agreement for your firm) and Project Manager (person responsible for day-to-day management of the project).
b. Table of Contents. Include a clear identification of the material by section and by page number.
c. Summary Sheet. A fully completed Summary Sheet included with this RFP (Appendix G
i) Provide your understanding of the services and your general approach. Limit to five pages.
ii) Provide your experience with similar services in the past ten years. Limit to five pages.

Provide the name, title, experience, and qualifications of the personnel who will be assigned to the project.
iv) Provide the resumes of the Management Contact with the City and the Project Manager (person responsible for day-to-day work on the project).
v) Project Controls - A description of the Firm's ability to control costs and provide accurate and timely invoices; and to monitor and stay within budget.
vi) Provide a listing of the Firm's equipment and support facilities d. Forms. Submit completed forms contained in Appendix G - Forms

13. Submittal of Proposals. Proposals shall be submitted through the City's electronic procurement system PlanetBids portal by 5:00 PM on November 30, 2022.

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. FAX submittals will not be accepted
c. Proposals must be submitted in Adobe Acrobat format. 5 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, Contractors 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.

EVALUATION CRITERIA POINTS

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

2. Project Approach - The proposed project Approach and services that the Firm is capable of providing and the Firm's 10 approach meets the needs of the City

3. Project Controls - The Firm's ability to control costs and provide accurate and timely invoices; and to monitor and 15 stay within budget.

4. Qualifications & Experience
• Firm Experience & Performance* 15
• Firm Personnel
• References

5. Quality of Goods and Support Facilities
10 Equipment
• Support Facilities

6. Proposer's financial stability. 10

7. Emergency Response 10

8. 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
comparable public agencies have paid for similar services, 20 and in accordance with what is to be considered with the industry's standard and customary costs for the Services.

In order to allow staff to accurately and fairly evaluate the proposal, the attached questionnaires must be completed and submitted with the proposal package.

Failure to submit these questionnaires in their 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 non- 6 responsive and their proposals may be subject to rejection at the City's sole discretion. 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.

Interviews of the top scoring firms may be conducted at the option of the City.

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.

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 Contractor'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 Intent to Award. The selection committee will make a recommendation to the awarding authority. The acceptance of the proposal will be evidenced by written Notice of Intent to 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.
7 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 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.
f. 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 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.
8 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.
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.
f. 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 9 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

30. Public Records. Proposers are hereby informed that all submitted proposals 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.
10 REP INQUIRY FORM
(Must use this form to submit your questions)
Date:

From: (Name)
Company:

Email: Contact No:

In Response to RFP for Citywide Street Maintenance Services Questions on this RFP must be made on this RFP Inquiry form and emailed to the PlanetBids portal for the project by 5:00 PM on November 18, 2022.

Question:
11 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.

END OF INSTRUCTIONS TO PROPOSERS
12 APPENDIX A

CITYWIDE STREET MAINTENANCE SERVICES

SCOPE OF SERVICES

1. INTRODUCTION
The Street Maintenance Contractor ("Contractor") will provide Public Works Maintenance The services to be provided are to follow identified job standards, specifications, and industry requirements as shown in Appendix C - General Specifications. Each work task is defined with a reporting unit, a general description, and performance quality requirement. The latest edition of the Standard Specifications for Public Works Construction ("Greenbook") and/or the Caltrans Standard Specifications, and related Standard Plans and Special Provisions, as solely selected by the Engineer, as modified by the Engineer and selected by the Engineer to be most appropriate for the work, shall govern the work. See Appendix C for general specifications and special provisions.

The Contractor is allowed and encouraged to provide suggestions to better enhance the administration of street maintenance services. This RFP provides a framework for providing maintenance services but can be modified based on a contractor's experience.

II. GENERAL WORK DESCRIPTION
The Contractor shall perform all of the services being requested and be responsible for identifying and performing the requested services deemed necessary for meeting the objectives identified by the City. In this Appendix A Scope of Services the Contractor will be requested to provide the following services:

A. STREET MAINTENANCE SERVICES

1. Provide all needed resources including but not limited to labor, equipment, tools, and materials directly for the repair and maintenance services through full-time maintenance staff and as directed by task order, Inspectors, Public Works staff, and/or Director of Public Works.

2. Take responsibility for the performance of work as directed by the City.

3. Provide all required resources for the safety of the public and your staff during the work.

A-1

4. Identify and implement appropriate traffic control measures, best management practices for storm water quality, and protection of utilities.

5. Perform all work in a thorough, competent, professional and workmanlike manner.

6. Provide a labor force with training and licensure commensurate with the work they will perform.

B. EMERGENCY SERVICES

1. Provide on-call emergency services to the City as required and determined by the City. Crews shall be available during evening, night, weekend, and holiday hours in case of emergency or as requested by a short term City request. Crews may be contacted by Police Services.

2. Crews shall respond to the scene of the emergency within one (1) hour of call-out and shall be compensated a minimum of two (2) hours of labor for any given call-out. As many pictures as possible will be taken to document the response to potentially be used for reimbursements from other entities.

3. The Contractor is to assure that adequate response and resources will be dedicated to the City of Laguna Niguel to the satisfaction of the City.

4. Crews shall perform the minimal amount of work in order to achieve the safety of the public. Any remaining non-emergency work shall be performed on a task-order basis during normal working hours.

C. MAINTENANCE & REPORTING SOFTWARE SYSTEM
Cooperate, coordinate, and use City software for reporting or tracking services provided.

D. RECORDS / REPORTING

1. Report all work completed by activity and date, provide weekly reports to the City, and submit a monthly, itemized report of all service activities to the City. On the initial submittal with the City, confirm the acceptable format and content to be included. Utilize this agreed upon format for the monthly reporting and otherwise adjust as requested.

Maintain records of all work completed by activity and date and provide daily reports to the City on all work order activity progress.

3. Provide copies of all records and data, as requested by the City, within two business days.

4. Comply with all prevailing local, State, and Federal wage record-keeping requirements.

A-2

5. Provide monthly billings to the City for services rendered following an agreed upon procedure for review of such billings.

6. Provide a work tracking/billing system with capabilities of retrieving information, at a minimum, on work completed by activity, project, location, date, duration (in hours), and personnel that completed the activity.

7. All work completed shall be invoiced to the City within 30 days of work completion.

E. QUALITY ASSURANCE

1. Provide a quality assurance program utilizing internal quality control measures that includes routine and random inspection of work and material testing during and after the work and at intervals consistent with best management practices and the requirements of the Engineer. Quality shall meet or exceed standards listed in the scope of work.

Compare work processes and methods with best management practices and develop recommendations for improvement to refine work done for the City. Provide a system to identify acceptable work and work to be rejected and repeated
Quality assurance program shall be documented and submitted to the City for approval prior to initiating any work. The program shall then be a guide for quality implementation of all work done by the Contractor.

4. Report work quality monitoring in a standard format on a monthly basis demonstrating quality assurance. The Consultant shall report all monitoring performed with all actions taken or outlined for addressing all non-compliant work.

5. Meet with City representatives monthly to indicate work completed and quality of service provided along with any planned actions for improvement.

F. STORAGE FACILITY / YARD
The Contractor shall use a storage facility/yard within a 10-mile radius of the City limits when performing services for City. The City does not have a storage facility or public works yard. No equipment, materials or supplies shall be stored at any time on or in the public street system. The Contractor shall not store any materials or equipment within the City of Laguna Niguel unless they contract with a private property for that need. The use of that property shall conform to the City's Zoning Code. The City shall be advised of any location within the City of Laguna Niguel that is being used for staging of equipment, storing supplies, or manning of resources.

G. SAFETY
A-3

1. Safety Plan: Contractor must have a current documented safety plan. The Contractor shall provide a copy of the Safety Plan to City and provide monthly reports summarizing the weekly safety meetings with employees, safety compliance and any actions taken to conform to the safety plan.

2. The Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out services, the Contractor shall, at all times, be in compliance with all applicable local, State, and Federal laws, rules, and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
a) Adequate life protection and lifesaving equipment and procedures.
b) Instructions in accident prevention ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment, and wearing apparel as necessary or lawfully required to prevent accidents or injuries.

Adequate facilities for the proper inspection and maintenance of all safety measures.

All employees at all times shall wear ANSI 107-2010 Class III garments while working.

H. LABOR, EQUIPMENT, AND MATERIALS

1. Provide all labor for crews on a 24-hour basis including evening, weekend, holidays, emergency standby, and emergency response.

2. Communication: Contractor shall have working mobile tablets available for crews, provide smart cellular phones compatible with the City's work order system, and the Contractor shall ensure all personnel have smart phones.

Cell phones must be able to communicate via e-mail. Cell phones shall have the capability to take photographs with geotagging capabilities and be used in documenting work
Uniforms: Uniforms worn by all personnel shall be CAL OSHA Compliant and reflect a professional image acceptable to the City. All personnel shall wear ANSI 107-2010 Class III Safety Garments at all times. Garments shall be replaced on a regular basis to maintain their condition in a "like-new" condition. Uniforms shall be approved by the City.

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4. Equipment: Equipment necessary to perform the work shall be well maintained and CAL OSHA compliant. Vehicles shall be equipped with top mounted warning lights (rotating or beacon) visible for 360 degrees.

5. Vehicles: Must be equipped with spill kits, cones, and basic tools for any potential work that is to be done within the City's limits. il. EQUIPMENT, MATERIALS AND VEHICLES
A. VEHICLES
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.

Pick-up trucks shall be no older than seven years of age. Pick-up trucks used by the Contractor on a daily basis shall be outfitted with a GPS tracking device that is capable of tracking and storing the locations the vehicle travelled during the workday. Vehicles shall also show the City's seal when performing work within the City.

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.

B. VEHICLE LOGOS
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.

C. 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 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.

D. WATER USAGE
The discharge of non-stormwater into storm drain inlets, catch basins, or into the curb-and-gutter leading to the storm drain system is strictly prohibited per A-5
Stormwater and Runoff Pollution Control Regulations, and under the Federal Clean Water Act.

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

F. CONTRACTOR STANDARD TOOLS AND EQUIPMENT
Below is a listing of standard tools and equipment that the Contractor shall possess, at the minimum, that will be used at no additional cost to the City. • Chainsaws and misc. repair equipment and extra chains • Wacker (gas powered)
• Generator
• Sidewalk grinder and or angle grinders
• Electric/pneumatic jack hammer
• Line trimmers and landscape shears
• Electric blowers
• Pressure washer w/ water tank
• Wet dry industrial vacuum
• Adsorbent (commercial quantities)
• Misc. hand tools (i.e. shovels, brooms, rakes, etc.)
• Masonry/Concrete tools
• Asphalt and Concrete patch
• Signage removal and replacement tools
• Power tools (i.e. rotary saw, Sawzall, drill, chipping hammer, etc.) • PPE for staff
IV. LABOR
A. LABOR CODE
The contractor shall comply with all applicable requirements of the California Labor Code hereto in the Maintenance Services Agreement.

B. 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.

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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 ($50) 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.

C. 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) D. 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.

E. 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.

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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.

F. 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.

V. PERSONNEL
A. • SUPERVISOR
The Contractor shall provide adequate supervision as to furnish proper surveillance of workmanship and adherence to the approved work 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) discuss complaints and (3) adequacy of performance.

B. 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.

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D. 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 person found to be objectionable shall be discharged immediately and not reemployed on this work
E. 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.

F. 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.

VI. RESPONSIBILITIES OF THE CONTRACTOR
A. LICENSES/PERMITS
The Contractor and it its personnel shall possess the certifications and licenses noted in the Appendix C General Specifications and General Provisions.

B. 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:
• 24-hour emergency notification to Contractor by the City is possible All calls are returned within one (1) hour
C. INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, A-9
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 all insurance required in the Contract has been secured nor shall any subcontractors commence work on any subcontract until all similar insurance required of the subcontractor has been obtained
D. 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 Work Area Traffic Control Handbook ("Watch Manual") or the California Manual of Unified Traffic Control Devices (CA MUTCD").

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.

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.

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F. 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.

G. 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 private property for the purpose of conducting any operations required under this contract unless the Contractor has obtained written permission from the affected property owner.

VIl. PROSECUTION OF THE WORK
A. 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.

B. 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 A-11
City if given written notice thereof, to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in 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.

VIII. GENERAL ENVIRONMENTAL REQUIREMENTS
A. 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.

B. 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.

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C. 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.

D. 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, 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 City's Project Administrator.

IX. INCIDENTAL WORK
No work shall commence without the written authorization from the City's Street Maintenance 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 perform one of the following:
• Commence work within twenty-four (24) hours and proceed diligently to completion; or
• Commence work on the specific date established and complete within the time allotted.

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

B. 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 Contractor Pricing Form.

C. 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's Project Administrator.

D._ DEFICIENT 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 the following time frames subsequent to verbal notification:
a. Within eight (8) hours emergency situations.
b. Other deficiencies within three (3) business days for non-emergencies situations.

If deficiencies are not remedied per the above timeframes City notified Contractor of such failure, Contractor agrees to pay (as liquidated damages and not as a penalty) in the amount of $500 per working day.

E. INVOICING
Invoices shall be emailed to:

[email protected]
A copy of the invoice shall also be emailed to the City's Street Maintenance Superintendent [email protected]
The invoice shall include the following:

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A. Invoice number
B. Description and quantity of the services provided, month of services, and any additional work.

C. Total amount requested in invoice
D. Contract Amount, Total Billed to Date, Remaining Balance Example:

Total Contract Amount $ 160,000.00
Total Billed to Date $ 148,846.64
Remaining Balance 11,153.36
XI. CONTRACT TERM
A.INITIAL YEARS OF SERVICE
This contract shall be for a period of three (3) years, 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 initial term of the contract is scheduled to start July 1, 2023 and ends June 30, 2026. The total term of the contract shall not exceed five (5) years.

B. COST ADJUSTMENT
The Contractor may apply for a cost adjustment after the initial 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 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.)
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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.

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 contract term.

D. REDUCTION
The 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.

E. 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 written 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 written 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 in those cases where the unit prices are established in the contract or where the Contractor has submitted an acceptable quotation to the City.

F. 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 Services 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 in a written change order.

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Implementing these changes:

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

2. The City shall submit the change to the Contractor in the form of a Request for Proposal. The Contractor shall review the request and prepare a proposal, which shall be returned to the City.

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

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

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

XII. Work Items and Payment Descriptions
The Contractor shall provide citywide street maintenance services, by providing full-time personnel and through the use of Work Orders, in accordance with this Scope of Services.

The Contractor is required to provide an independent Quality Assurance Program for work quality control. A database will be used to record and report costs, labor hours, materials, scheduling, and planning. The units of measurement described herein shall be inclusive of all costs including, but not limited to, labor, materials, equipment, markups and profit.

The services to be provided as shown below are to follow identified job standards, specifications, and industry requirements required in the Request for Proposal. Each work activity listed below is defined with a reporting unit, a general description, and performance quality requirement. The latest edition of the Standard Specifications for Public Works Construction and/or the Caltrans Standard Specifications, and related Standard Plans and Special Provisions, as solely selected by the Engineer, as modified by the Engineer and selected by the Engineer to be most appropriate for the work, shall govern the work. See Appendix C for General Specifications and Special Provisions.

1. Contract Administration (Units: lump sum)
Define Unit: This is a lump sum annual fee payable in equal monthly installments.

This lump sum shall include all costs of mobilization as defined and all other items of work not specifically included in a unit price work task herein including, but not limited to, the services of the point of contact, backup contact staff, emergency contact staff, communications, scheduling services, compliance with all NPDES water quality requirements including Best Management Practices, the cost of insurances, the provision of all aspects of worker and public safety, compliance with all local, state and federal laws, and all other related work.

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Quality Requirements: General quality requirements would be to manage, plan, organize, schedule and track work as well as communicate and coordinate with the City of Laguna Niguel and others routinely while providing status and other requested reports on all work efforts. All work to be to the satisfaction of the Engineer.

2. General Labor A - One-person Crew (normal working hours) (Units: hours) Define Units: This is measured by the number of hours taken by a two-person crew to complete tasks related to street maintenance services performed during normal working hours of Monday-Friday 7:00 a.m. to 4:00 p.m. excluding City holidays.

This activity encompasses providing a one-person crew with vehicles, equipment and labor to perform street maintenance work for which there is no unit price. The Work under this activity includes but not limited to arterial roadway inspection, trash pick-up, shopping cart retrieval, remove and replace traffic signs, emergency response, set-up traffic control, and storm water patrolling and response.

For emergency response, the responding persons shall assess the event, take temporary measures to make the area safe for the public, including but not limited to, temporary traffic control, removal of debris, clearing drainage inlets, and supporting Police Services. Additional work shall be as approved and designated by the Engineer.

Quality Requirements: The one-person crew has completed the assignment as given in the Task Order or has addressed the safety of the public as the result of an emergency call out and has met the requirements specified. All work to be to the satisfaction of the Engineer.

3. General Labor A - One-person Crew (outside normal working hours (Units:
hours
Define Units: This is measured by the number of hours taken by a two-person crew to complete tasks related to street maintenance services performed during outside normal working hours of Monday-Friday 7:00 a.m. to 4:00 p.m. excluding City holidays.

This activity encompasses providing a one-person crew with vehicles, equipment and labor to perform street maintenance work for which there is no unit price. The Work under this activity includes but not limited to arterial roadway inspection, trash pick-up, shopping cart retrieval, remove and replace traffic signs, emergency response, set-up traffic control, and storm water patrolling and response.

One-person crew shall provide emergency response to the site within two hours of notification for responses outside of normal working hours. For emergency response, the responding persons shall assess the event, take temporary A-18
measures to make the area safe for the public, including but not limited to, temporary traffic control, removal of debris, clearing drainage inlets, and supporting Police Services. Additional work shall be as approved and designated by the Engineer.

Quality Requirements: The one-person crew has completed the assignment as given in the Task Order or has addressed the safety of the public as the result of an emergency call out and has met the requirements specified. All work to be to the satisfaction of the Engineer.

4. General Labor - Two-person Crew (normal working hours) (Units: hours) Define Units: This is measured by the number of hours taken by a two-person crew to complete tasks related to street maintenance services performed during normal working hours of Monday-Friday 7:00 a.m. to 4:00 p.m. excluding City holidays.

This activity encompasses providing a two-person crew with vehicles, equipment and labor to perform street maintenance work for which there is no unit price. The Work under this activity includes but not limited to arterial roadway inspection, trash pick-up, shopping cart retrieval, remove and replace traffic signs, emergency response, set-up traffic control, and storm water patrolling and response.

For emergency response, the responding persons shall assess the event, take temporary measures to make the area safe for the public, including but not limited to, temporary traffic control, removal of debris, clearing drainage inlets, and supporting Police Services. Additional work shall be as approved and designated by the Engineer.

Quality Requirements: The two-person crew has completed the assignments as given and has met the requirements specified. All work to be to the satisfaction of the Engineer.

5. General Labor - Two-person Crew (outside of normal working hours (Units:
hours
Define Units: This is measured by the number of hours taken by a two-person crew to complete tasks related to street maintenance services performed outside of normal working hours. Normal working hours are defined as Monday-Friday 7:00 a.m. to 4:00 p.m. excluding City holidays.

This activity encompasses providing a two-person crew with vehicles, equipment and labor to perform street maintenance work for which there is no unit price.

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The Work under this activity includes but not limited to arterial roadway inspection, trash pick-up, shopping cart retrieval, remove and replace traffic signs, emergency response, set-up traffic control, and storm water patrolling and response.

Two-person crew shall provide emergency response to the site within two hours of notification for responses outside of normal working hours. The responding persons shall assess the event, take temporary measures to make the area safe for the public, including but not limited to, temporary traffic control, removal of debris, clearing drainage inlets, and supporting Police Services. Additional work shall be as approved and designated by the Engineer.

Quality Requirements: The two-person crew has completed the assignments as given and has met the requirements specified. All work to be to the satisfaction of the Engineer.

6. Road Maintenance Supervisor (performed during normal working hours) (Units: hours)
Define Units: This is measured by the number of hours taken by a person to supervise tasks of the road crews during normal working hours of Monday-Friday 7:00 a.m. to 4:00 p.m. excluding City holidays.

The Maintenance Supervisor will mainly coordinate the crew from an office and may be needed in the field from time to time. This position will be part-time. This activity encompasses providing a qualified supervisor with vehicle and equipment to be responsible for the general implementation of all services provided by the Contractor. Under the direction of the Engineer, or a City field person, perform a complete City tour to inspect public facilities for deficiencies requiring maintenance and repair; make recommendations for action; oversee and/or perform remedial activities. Facilities to be inspected include but are not limited to, public streets, curb and gutter, sidewalks, roadway shoulders, catch basin openings and culvert inlets and outlets, traffic signals and road signs. A weekly report of discovered deficiencies shall be provided. Every Thursday by noon, a weekly list of proposed activities by the work crews shall be submitted for the following week, showing the days for which each activity is scheduled. Crew size, anticipated man hours and equipment shall be indicated for each activity. Prepare a daily detailed report of work performed by each crew, including list of activities in order of performance, detailed description, scope and limits of work, time for each activity. Activity planning for the following day will be included in the report.

Quality_Requirements: The road maintenance supervisor has completed daily assignments or has fulfilled requirements for proper reporting to the City. All work will be to the satisfaction of the Engineer.

7. Road Maintenance Supervisor (outside normal working hours) (Units: hours) A-20
Define Units: This is measured by the number of hours taken by a person to supervise tasks of the crews outside of normal working hours. Normal working hours are defined as Monday-Friday 7:00 a.m. to 4:00 p.m. excluding City holidays.

This activity encompasses providing a qualified supervisor with vehicle and equipment to be responsible tor the general implementation of services provides ay the Contractor outside of normal working hours
Quality Requirements: The road maintenance supervisor has completed daily assignments or has fulfilled requirements for proper reporting to the City. All work will be to the satisfaction of the Engineer.

8. Engineering Support (Units: time and materials)
Define Unit: This is measured in the amount of time required to provide engineering support. Contractor shall describe how they can provide this service.

This activity provides as-needed traffic control plans, engineering design, costing, inspection, construction management, bidding, subcontracting or other services in support of Public Works activities as directed by the City.

Quality Requirements: Engineering Support has completed assignments or has fulfilled requirements as requested by City. All work to be to the satisfaction of the Engineer.

9. Tree Pruning and Removal (Units: hourly)
Define Unit: This is measured by each tree that requires pruning and on an as requested basis.

Tree pruning includes trees along streets that block or encroach on City streetlights, traffic signals, private property, and signs. It shall be performed in accordance with specifications and following the International Society of Arboriculture (ISA) standards and shall include all costs of legal disposal per specifications. Trees shall be pruned to provide a fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of roadways and nine (9) foot clearance for pedestrians over the sidewalks. Contractor shall notify the City with tree pruning information stating date of service, GPS locations, and address if applicable.

Pruning shall be done by those experienced and skilled in pruning techniques and under the supervision of a certified arborist. Safety and traffic control are the responsibility of the Contractor. Contractor shall be responsible for all damages caused by poor procedures. Green waste certification and reports shall be submitted monthly=
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10. Spray Pre-emergent Herbicide (Roadway Shoulder) (Units: acre Define Unit: This is measured by acre and is performed twice a year.

Work under this section shall include spraying areas along the public right-of-way strips and other city owned properties per manufacture's recommendations.

Spraying shall be performed in accordance with established Herbicide Application Recommendations. All chemical applications shall be performed by a license pesticide applicator and all pesticide regulations and reporting in accordance with the State of California Agriculture Department shall be followed. Copies of Restrictive Materials permits, spraying recommendations, chemical labels and MSDS sheets shall be provided to the City in digital format and hard copies. All chemical usage report shall be submitted to the City at least monthly.

11. Spray Post-emergent Herbicide (Curb and Gutter) (Units: mile) Define Unit: This is measured by acre and is performed twice a year.

Work under this section shall include spraying areas along the curb and gutter, center medians, and sidewalks per manufacture's recommendations. Spraying shall be performed in accordance with established Herbicide Application Recommendations. All chemical applications shall be performed by a license pesticide applicator and all pesticide regulations and reporting in accordance with the State of California Agriculture Department shall be followed. Copies of Restrictive Materials permits, spraying recommendations, chemical labels and MSDS sheets shall be provided to the City in digital format and hard copies. All chemical usage report shall be submitted to the City at least monthly.

12. Remove and Replace 2" AC (Units: square feet)
Define Unit: This is measured by the amount asphalt concrete in square feet that is used to repair streets. This will be performed on an as requested basis.

This activity encompasses the saw cutting, removal of AC and subgrade to provide for up to a full 2-inch section, compaction of disturbed subgrade, tack coating of the vertical edge surfaces with 2 coats of SS-1h spray applied at a uniform rate of 0.1 gallons per square yard each coat (first coat to be allowed to stiffen before second coat), placement of 2-inches of PG 64-10 Type 3 B3 AC for base and a 2-inch final lift of PG 64-10 Type 3 C3 AC, and compaction of each individual lift with a vibratory 3 foot wide minimum roller. Minimum repair width will be 6 feet. This item as well as items 14, 15, 16, and 17 below include placement of crushed base in making asphalt concrete repairs.

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13. Remove and Replace 4" AC (Units: square feet)
Define Unit: This is measured by the amount asphalt concrete in square feet that is used to repair streets. This will be performed on an as requested basis.

Work under this subsection shall include saw cutting, removal of AC and subgrade to provide for up to a full 6-inch section, compaction of disturbed subgrade, tack coating of the vertical edge surfaces with 2 coats of SS-1h spray applied at a uniform rate of 0.1 gallons per square yard each coat (first coat to be allowed to stiffen before second coat), placement of PG 64-10 Type 3 B3 AC for base up to 4- inches and a 2 inch final lift of PG 64-10 Type 3 C3 AC, and compaction of each individual lift with a vibratory 3 foot wide minimum roller. Minimum repair width will

14. AC Crack Repair Cleaning & Filling (Units: linear feet) Define Unit: This is measured by the amount of crack sealant in linear feet that is used to repair pavement cracks. The surface length will be measured in linear feet.

This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This is the operation of applying joint filler into pavement cracks to prevent and protect the pavement from decay. All cracks that are 1/8 inch in width or larger shall be routed, blown clean with a hot air lance and filled with hot asphalt-rubber sealant material. Wide cracks should be filled with patch material.

Prior to the application of hot asphalt-rubber sealant, joints and cracks shall be routed and cleaned to remove dust, dirt, moisture, and foreign material or old sealant. Cracks shall be sealed from the bottom up. Sealant material shall be applied so it is flush with the surface. The work must follow identified standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishing proper traffic control, router all cracks greater than 1/8", clean crack using compressed air, apply crack seal so there is a smooth finish, restore any affected pavement legends or striping, and then clean the work site. Pavement filling shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the pavement filling and refill any depressed filled cracks to the City's satisfaction.

Quality Requirements: At the end of the work session, a level surface will be achieved, cracks shall be filled to prevent moisture from the subbase, the work site cleaned, debris removed, cracks repaired pursuant to proper standards and specifications and traffic control restored. All work to be to the satisfaction of the Engineer.

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15. Cold Patch of AC Pavement - Temporary (Units: square feet) Define Unit: This is measured by the amount of potholes patched in square feet, regardless of depth. The surface area will be measured by square feet. The payment shall be for the square feet of pavement patched, regardless of the final depth. This will be performed on an as requested basis.

This activity encompasses hand patching of potholes, small depressions, and edge breaks in roadway surfaces to provide a smooth driving surface. This activity is performed in order to temporarily prevent further deterioration of the pavement.

This will include, but is not limited to, various subtasks for proper planning and performing the work including clearing and grubbing, drying the area to be patched, patching depressions or minor cracking and cleaning the site. Temporary cold patch shall be guaranteed to perform satisfactorily for up to six (6) months. During the guarantee period, the Contractor shall bear all costs to maintain the temporary cold patch to the City's satisfaction.

Quality Requirements: At the end of the work session, proper compaction will be attained, and all the loose debris removed from the work area. The patch area shall have a service life for a minimum of six months or the deficient area must be repaired at no cost to the City. All work to be to the satisfaction of the Engineer.

16. Cold Patch of AC Pavement - Permanent (Units: square feet) Define Unit: This is measured by the amount of potholes patched in square feet.

The surface area will be measured by square feet. The payment shall be for the square feet of pavement patched, regardless of the depth. This will be performed on an as requested basis.

This activity encompasses minor permanent patching of potholes, depressions, and edge breaks in roadway surfaces using Flomix, Aquaphalt, or other City approved hot mix asphalt concrete to provide a smooth driving surface per manufacturer's recommendations. This includes clearing and grubbing, saw cutting, excavation, hand patching and minor skin patching of potholes, small depressions and edge breaks in roadway surfaces to provide a smooth driving surface. This is performed to prevent further deterioration of pavement. This will include, but is not limited to, various subtasks for proper planning and performing the work including patching depressions or deteriorated pavement. Permanent pothole patching shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the permanent pothole patching to the City's satisfaction.

Quality Requirement: At the end of the work session, proper compaction will be attained, all the loose debris removed from the work area and the permanent patch installed to a sawcut joint. The patch area shall have a service life for a minimum of A-24
12 months and any deficient area must be repaired at no cost to the City by the Contractor. All work to be to the satisfaction of the Engineer.

17. Remove and Replace 4-Inch Sidewalk (Units: square feet) Define Unit: This is measured by the amount of sidewalk area in square feet that is to be removed and replaced. The surface area will be measured in square feet. The sidewalk depth shall be 4" nominal. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the repair of sidewalks by replacement of damaged or deteriorated sections. This is performed to provide a level transition from slab to slab. This is also done to repair sidewalks that have been raised or lowered and the movement of pedestrians is impaired as determined by the Engineer. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including contacting Underground Service Alert (USA), clearing and grubbing, establishment of proper traffic control, provide an alternate pathway for pedestrians, saw cutting the proposed removal section from joint to joint, the removal of the full section of concrete,, pouring of new concrete with a 520-C-2500 concrete with Type V cement to meet ADA standards, repairs of any impacted irrigation, cleaning the work area and removing USA markings. If tree roots might interfere or have caused damage to sidewalk and will require restoration work the City's Landscape Inspector must be notified. Therefore, tree roots will need to be evaluated as part of the restoration work being performed.

An ISA Certified Arborist will need to provide a report as to the advantages, disadvantages of tree roots shaving, pruning and/or removal. This report will also need to include the health status and safety of the remaining tree after the work has been done. If the adjacent tree needs to be removed after all other measures have been exhausted and because most of or all of the supporting roots need to be removed, and the City agrees, then the tree removal pricing shall be used.

Sidewalk shall be guaranteed to perform satisfactorily for up to twelve (12) months.

During the guarantee period, the Contractor shall bear all costs to maintain the sidewalk to the City's satisfaction.

Quality Requirements: At the end of the work session, the sidewalk will be repaired following standards and regulations so that it blends with adjacent sidewalk and curbs, the work site is cleaned, and debris removed. All work to be to the satisfaction of the Engineer.

18. Remove and Replace Curb and Gutter (Units: linear feet) Define Unit: This is measured by the amount of curb and gutters removed and installed in linear feet. The surface length will be measured in linear feet. The height A-25
of the curb may variously be 6" ", or the height to match the existing curb height with no change in compensation. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the repair of damaged or deteriorated concrete curb and gutter to ensure proper drainage flow including forms and concrete work. AC Slot Repair will be paid for under a separate bid item.

As directed, remove curb and gutter when sections are damaged, raised or lowered, and water flow is impaired or diverted. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including contacting Underground Service Alert (USA), establishment of proper traffic control, saw cutting all joins, removing the concrete and asphalt concrete, setting forms, pouring and finishing the curb and gutter, concrete to be 520-C-2500 with Type V cement, repaving the asphalt concrete, flow checking the gutter, cleaning the work site, and removal of USA markings. Tree roots might interfere or have caused damage to curb and gutter and will require restoration work. Therefore, tree roots will need to be evaluated as part of the restoration work being performed.

City's ISA Certified Arborist/Landscape Inspectors will be available at the request of the contractor to provide a report as to the advantages, disadvantages of tree roots shaving, pruning and/or removal. This report will include the health status and safety of the remaining tree after the work has been done. If the adjacent tree needs to be removed after all other measures have been exhausted and because most of or all of the supporting roots need to be removed, and the City agrees, then the tree removal pricing shall be used. Curb and getter shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the curb and gutter to the City's satisfaction.

Quality Requirements: At the end of the work session, level surfaces will be achieved, drainage lines properly established, the work site cleaned, debris removed, curbs and gutters installed pursuant to proper standards and Serenications and traffic control restored. All work to be to the satisfaction of the

19. Remove and Replace Drive Approach (Units: square feet) Define Unit: This is measured by the amount of drive approach area in square feet that is to be removed and replaced. The surface area will be measured in square feet. The thickness of drive approaches shall be 6" or greater to match existing.

This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the removal and replacement of driveways to replace damaged or deteriorated sections. This is performed to provide for level transition from the driveway to the street. This includes clearing A-26
and grubbing, removal operations including the adjacent curb and gutter and one foot width of asphalt concrete by the length of the curb and placement of the new concrete and AC. This service is provided when a driveway has been damaged, and movement of users is impaired, as determined by the Engineer. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including contacting Underground Service Alert, establishment of proper traffic control, performing saw cutting of the designated pavement area, placement of designated concrete driveway, placement of adjacent curb and gutter and asphalt concrete, setting forms, pouring and finishing the driveway and curb and gutter, concrete to be 560-C-3250 with Type V cement, re-pavement of the asphalt concrete, flow checking the gutter, cleaning the work site and removal of USA markings. Drive approach shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the drive approach to the City's satisfaction.

Quality Requirements: At the end of the work session, level surfaces will be achieved, gutter flow checked, the work site cleaned, debris removed, drive approach replaced pursuant to proper standards and specifications, and traffic control restored. All work to be to the satisfaction of the Engineer.

20. Remove and Replace ADA Access Ramp (Units: each)
Define Unit: This is measured by the completion of each access ramp removed and replaced or placement of a new ramp. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the removal and replacement of deteriorated ramps as directed by the Engineer, or a new ramp construction. The installation of access ramps shall meet Americans with Disability Act (ADA) standards and Standard Plans and is performed on an as-needed basis when requested by the City. This includes clearing and grubbing, the removal of the adjacent curbs and gutters including a one-foot width of asphalt concrete along the length of the curb and adjacent sidewalk as necessary to meet grade and placement of the new concrete and AC. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including contacting Underground Service Alert, establishment of proper traffic control, performing saw cutting of the designated pavement and concrete areas, establishing grades through surveying, removal of concrete and adjacent curb and gutter, removal and replacement of the asphalt concrete and sidewalk, setting forms, pouring and finishing the necessary ramp, placement of a cast-in-pace Armor-tile yellow Truncated Dome Panel including pouring adjacent sidewalk as necessary to meet grade, pouring curb and gutter, concrete to be 520-C-2500 with Type V cement, repaving the asphalt concrete, flow checking the gutter, cleaning A-27
the work site and removal of USA markings. The access ramp shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the access ramp to the City's satisfaction.

Quality Requirements: At the end of the work session, a tapered ramp is achieved, adjacent sidewalks are level, the gutter is flow checked, the work site is cleaned, removing all debris, and the access ramp is replaced pursuant to proper standards and specifications. All work to be to the satisfaction of the Engineer.

21. Sidewalk Grinding (Units: linear feet)
Define Unit: This is measured by the completion of each sidewalk grinding location.

This will be pertormed on an as-requested basis.

This activity encompasses the grinding of concrete sidewalks to provide a smooth surface free of edge displacement. This activity is performed on uneven, displaced sidewalks, as designated by the Engineer. The Contractor may also be issued a directive to perform sidewalk grinding in a designated neighborhood including fully documenting each location of grinding before grinding is performed to the satisfaction of the Engineer. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including clearing and grubbing, establishment of proper traffic control, grinding of concrete sidewalk or other concrete areas by mechanical means ranging in width from four feet to ten feet, and cleaning the work site. Sidewalk shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the sidewalk to the City's satisfaction.

22. Sidewalk Ramping (Units: each)
Define Unit: This is measured by the completion of each sidewalk ramping location.

This will be performed on an as-requested basis.

This activity encompasses the ramping of concrete sidewalks to provide a smooth surface free of edge displacement. This activity is performed on uneven, displaced sidewalks when grinding is not achievable, as designated by the Engineer. The Contractor must fully document each location of ramping before ramping is performed to the satisfaction of the Engineer. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including clearing and grubbing, establishment of proper traffic control and cleaning the work site. Sidewalk shall be guaranteed to perform satisfactorily for up to twelve (12) A-28

23. 4" White or Yellow Striping (Units: linear feet per coat) Define Unit: This is measured by linear feet for painting of all existing 4" wide traffic lane lines on streets in the City. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to fully evaluate the quantity of work and meet the quality requirement. This activity encompasses painting traffic lines to provide defined travel lanes and proper vehicle guidance. This includes annual restriping of all existing citywide white painted stripes regardless of type or location and the placement of new striping as designated by the Engineer. It is the Contractor's sole responsibility to understand the scope of the work and the quantity of work to be done. The linear feet for the white paint striping is deemed to include all existing white striping on City streets.

Striping shall occur on an as requested basis on an agreed schedule. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control and painting or repainting of all white lane striping City-wide with approved paint materials and approved paint thickness. Repainting of existing painting shall be done in one coat.

Painting new striping shall be done with two coats of paint which application shall be separated by seven calendar days. Arterial, collector and residential streets shall be painted during daytime work hours, unless otherwise specified by City Engineer.

The Contractor shall submit to the Engineer certified copies of the manufacturer's test reports and Material Safety Data Sheet (MSDS) showing conformance with the Greenbook Standard Specifications or Caltrans Standard Specifications, as selected by the Engineer, and best management practices. Test reports shall indicate the name of the manufacturer, type of material, date of manufacture, quantity, State Specification number, manufacturer's lot or batch number, and results of the required tests. Test reports shall be signed by an authorized representative of the manufacturer. White and black traffic line paint shall dry to a "no traffic pickup" condition in 30 seconds. The "no traffic pickup" time shall be determined in accordance with ASTM D711. The paint shall be completely dry in no more than 3 minutes when preheated to the temperature recommended by the manufacturer before application. All white paint shall contain at least 12 percent titanium dioxide. All striping shall be reflectorized. Striping shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the striping, including repainting as necessary, to the City's satisfaction.

Quality Requirements: At the end of each work session, the Contractor shall follow standards and specifications, have a manufacturer's test report specifying compliant materials, create straight and neat paint edges, paint all existing striping throughout the City once per year and have all materials and debris cleaned from the work area. All work to be to the satisfaction of the Engineer.

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25. Stop Bars and Chevrons (Units: linear feet)
Define Unit: This is measured by the amount of stop bars and chevrons painted in linear feet for traffic markings. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses painting stop bars on the traveled portion of the highway to provide defined markings for vehicle and pedestrian control. This includes the annual and as designated restriping of existing citywide stop bars and chevrons. This activity is for stop bars and chevrons only; crosswalks and standard markings are covered under separate activities. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control and painting or repainting all white stop bars and chevrons city wide on an annual basis with approved paint materials and approved paint thickness. Repainting shall be done in one coat. New painting of stop bars and chevrons shall be done with two coats of paint which application shall be separated by seven calendar days. All paint shall be reflectorized.

The Contractor shall submit certified copies of the manufacturer's test reports and MSDS in accordance with the Greenbook Standard Specifications or Caltrans Standard Specifications, as selected by the Engineer, and best management practices. Test reports shall indicate the name of the manufacturer, type of material, date of manufacture, quantity, State Specification number, manufacturer's lot or batch number, and results of the required tests. Test reports shall be signed by an authorized representative of the manufacturer. White, yellow, and black traffic line paint shall dry to a "no traffic pickup" condition in 30 seconds. The "no traffic pickup" time shall be determined in accordance with ASTM D711. The paint shall be completely dry in not more than 3 minutes when preheated to the temperature recommended by the manufacturer before application. All white paint shall contain at least 12 percent titanium dioxide. Work on arterial highways shall be performed during nighttime work hours. Work on collector and residential streets shall be performed during daytime work hours. Stop bars and chevrons shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the painted areas, including repainting as necessary, to the City's satisfaction.

Quality Requirements: At the end of each work session, the Contractor shall follow standards and specifications, have a manufacturer's test report specifying compliant materials, create straight and neat paint edges, and have all materials and debris cleaned from the work area. All work to be to the satisfaction of the Engineer.

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26. White or Yellow Crosswalks (Units: linear feet)
Define Unit: This is measured by the amount of white or yellow crosswalk length in linear feet for traffic markings. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses painting or refurbishing crosswalks on the traveled portion of the highway to provide defined markings for vehicle and pedestrian control. This includes the annual repainting of existing citywide crosswalks and as designated by the Engineer. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control and painting or repainting all white crosswalks city wide on an as requested basis with approved paint materials and approved paint thickness. All painting shall be reflectorized. Repainting shall be done in one coat. New painting of crosswalks shall be done with two coats of paint, and application shall be separated by seven calendar days.

The Contractor shall submit certified copies of the manufacturer's test reports and MSDS in accordance with the Greenbook Standard Specifications or Caltrans Standard Specifications, as selected by the Engineer, and best management practices. Test reports shall indicate the name of the manufacturer, type of material, date of manufacture, quantity, State Specification number, manufacturer's lot or batch number, and results of the required tests. Test reports shall be signed by an authorized representative of the manufacturer. White, yellow, and black traffic line paint shall dry to a "no traffic pickup" condition in 30 seconds. The "no traffic pickup" time shall be determined in accordance with ASTM D711. The paint shall be completely dry in not more than 3 minutes when preheated to the temperature recommended by the manufacturer before application. All white paint shall contain at least 12 percent titanium dioxide. Work on Arterial Highways shall be performed during nighttime work hours. Work on collector and residential streets shall be performed during daytime work hours. Crosswalk shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the crosswalk, including repainting as necessary, to the City's satisfaction.

Quality Requirements: At the end of each work session, the Contractor shall follow standards and specifications, have a manufacturer's test report specifying compliant materials, create straight and neat paint edges, and have all materials and debris cleaned from the work area. All work to be to the satisfaction of the Engineer.

27. White or Yellow Standard Legends (Units: each letter) Define Unit: This is measured by the completion of each yellow standard legend painted. This will be performed on an as requested basis.

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This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses painting yellow traffic markings on the traveled portion of the highway to provide defined markings for vehicle and pedestrian control. This includes the annual repainting of all yellow standard legends and as designated by the Engineer. The work must follow identified job standards, specifications, and industry requirements. All painting of Legends shall meet the size and shape of existing City Legends. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control and painting or repainting all yellow standard legends city wide on an annual basis during the month of August with approved paint materials and approved paint thickness. Repainting of existing legends shall be in one coat. New painting of yellow standard legends shall be done with two coats of paint which application shall be separated by seven calendar days. All paint shall be reflectorized. A legend is defined as a whole word paid by each letter such as "Slow," "School," or "Xing," regardless of the number of letters painted.

The Contractor shall submit certified copies of the manufacturer's test reports and MSDS in accordance with the Greenbook or Caltrans Standard Specifications, as selected by the Engineer, and best management practices. Test reports shall indicate the name of the manufacturer, type of material, date of manufacture, quantity, State Specification number, manufacturer's lot or batch number, and results of the required tests. Test reports shall be signed by an authorized representative of the manufacturer. White, yellow, and black traffic line paint shall dry to a "no traffic pickup" condition in 30 seconds. The "no traffic pickup" time shall be determined in accordance with ASTM D711. The paint shall be completely dry in not more than 3 minutes when preheated to the temperature recommended by the manufacturer before application. Painting on Arterial Highways shall be performed during nighttime work hours. Painting on collector and residential streets shall be performed during daytime work hours. Legend shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the legend, including repainting as necessary, to the City's satisfaction.

Quality Requirements: At the end of each work session, the Contractor shall follow standards and specifications, have a manufacturer's test report specifying compliant materials, create straight and neat paint edges, and have all materials and debris cleaned from the work area. All work to be to the satisfaction of the Engineer.

28. Ladder Crosswalks (Units: linear feet)
Define Unit: This is measured by the amount of 12" solid paint by the linear feet of 12" solid paint included in a ladder crosswalk.

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This activity encompasses the preparation, painting or refurbishing of crosswalks on the traveled portion of the roadway to provide defined markings for vehicle and pedestrian control. Markings are to comply with CalTrans standard and specifications.

29. Removal of Markings or Striping (Units: square feet) Define Unit: This is measured by the amount of markings or striping in square feet to be removed by wet sandblasting. The surface area of the paint to be removed will be measured in square feet. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the temporary painting over of traffic markings or lane striping on the traveled portion of the roadway to temporarily remove markings and/or lane striping that are to be moved or eliminated followed by permanent removal by wet sandblasting. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control, applying black flat paint for the markings to be removed pursuant to a coordinated schedule for the new installation of markings and striping, and permanent removal by wet sandblasting within 14 calendar days of the temporary painting over of the markings or lane striping. Removal work is to include street sweeping to removal all debris. Work is to be performed during either daytime or nighttime work hours, as directed by the Engineer. Marking and striping shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the markings and striping to the City's satisfaction.

Quality Requirements: At the end of each session, markings or striping should be removed so that the public cannot see them to ensure safety, comply with standards and specification, and the work area should be cleaned of all debris. All work to be to the satisfaction of the Engineer.

30. Curb Paint (Units: linear feet)
Define Unit: This is measured by the amount of curb and gutter in linear feet painted per color designated on an annual basis. The top of curb will be measured for surface length in linear feet. This will be performed on an annual basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the painting of curbs with various colors to enforce parking regulations on an annual basis and as designated by the Engineer. The curb surface must be prepared by cleaning or scraping prior to applying paint. The application of appropriate curb paint shall be done with rollers or airless paint spray equipment as requested by the City. Curbs are painted on an annual basis based on inventory and new assignments are painted pursuant to A-33
work as designated by the Engineer. The job and work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of temporary no parking zones and traffic control, cleaning and scraping the existing painted curb prior to applying new paint, applying two coats of new paint, protecting all adjacent surfaces from paint overspray, and removal of traffic control after the paint has dried. Curb painted shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the curb paint to the City's satisfaction.

Quality_Requirements: At the end of the work session, the curb will be painted pursuant to the specifications and standards, painted with requested color, the work site is cleaned, and curbs shall be painted pursuant to proper standards and specifications. All work to be to the satisfaction of the Engineer.

31. Roadway Pavement Markers (Units: each)
Define Unit: This is measured by the completion of each roadway pavement marker (RPM) replaced in kind. This work will be grouped to occur at various locations to provide the Contractor with a minimum of one eight-hour labor shift per task order for work efficiency. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the installation and replacement of raised pavement markers on new and existing delineated roadways. The Contractor shall install new raised pavement markers after roadway repairs or to replace worn out markers as designated by the Engineer. The job and work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control and placement of raised pavement markers per task order. Three test specimens may be randomly selected from the sample for each test except as otherwise specified and tested for conformance with Greenbook standards and specifications. If any one of the three specimens fails to comply with the requirements of the specifications, the failure shall be a basis for rejection of the entire lot or shipment represented by the sample.

RPM shall be guaranteed to perform satisfactorily for up to five (5) years. During the guarantee period, the Contractor shall bear all costs to maintain the RPM to the City's satisfaction.

Quality Requirements: At the end of each work session, RPM should be replaced or maintained so that the public can see them with proper reflectivity to ensure safety, conform to standards and specifications, and the work area should be cleaned of all debris. All work to be to the satisfaction of the Engineer.

32. Sign Post Installation and Replacement (Units: each) A-34
Define Unit: This is measured by each sign post installed and replaced. This will be performed on an as requested basis.

This activity encompasses the procurement, installation, and replacement of both standard and custom street signs. Installation and replacement include the proper disposal and recycling of post materials as determined by the City Engineer.

33. Supply Standard Traffic Signs For Installation (Units: each) Define Unit: This is measured by each standard sign supplied. This will be performed on an as requested basis.

This activity encompasses the procurement of standard California MUTCD traffic signs such as stop (R1-1), yield (R1-2), speed limit (R1-6), one-way (R6-1), no parking anytime (R7), and warning signs. Signs supplied for installation shall utilize the highest grade of materials available on the market including aluminum-based signs with high reflective sheeting and shall be guaranteed to perform satisfactorily for up to five (5) years.

34. Supply Custom Traffic Signs For Installation (Units: each) Define Unit: This is measured by each custom sign supplied. This will be performed on an as requested basis.

This activity encompasses the procurement of custom traffic signs, street name signs, and guide markers to the City. Signs supplied for installation shall utilize the highest grade of materials available on the market including aluminum-based signs with high reflective sheeting and shall be guaranteed to perform satisfactorily for up to five (5) years.

35. Nighttime Sign Reflectivity Survey. (Units: lump sum) Define Unit: This activity is to be completed on an as-requested basis to review the reflectivity of all MUTCD signage in the City to establish and monitor a baseline reflectivity standard in compliance with FHWA standards. Nighttime surveys can occur monthly, quarterly or annually, bi-annually or as selected by the City.

Payment for this work shall be paid on a prorated basis equivalent to the interval selected.

This activity is encompasses as a nighttime inspection and testing of 100% of the City's MUTCD signage on an annual basis. The work shall utilize standards developed by FHWA or other agency as approved by the Engineer, and test the nighttime reflectivity of all City signage utilized for Traffic Control per the California A-35
MUTCD. The testing equipment shall be documented to be current and capable of testing to the standards established by FHWA. Any signage not meeting the reflectivity standard shall be fully identified and submitted to the Engineer for replacement approval. No signage shall be replaced without the Engineer's designation.

Quality Requirements: At the end of the work session, annually, every traffic control sign in the City shall be tested for nighttime reflectivity. All work to be to the satisfaction of the Engineer.

36. Guardrail Repair (Units: linear feet)
Define Unit: This is measured by the amount of guardrail repaired in linear feet. The length will be measured in linear feet. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the temporary repair response, installation and final repair of structurally damaged guard or bridge rail sections and posts to prevent vehicle access. A repair response is required within 24 hours on structurally damaged guardrails. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including contacting Underground Service Alert (USA), clearing and grubbing, establishment of proper traffic control, removal and replacement of damaged guardrail sections as designated in accordance with Caltrans Standards, setting forms, pouring and finishing the hardscape, if any, restoring landscaping or irrigation damage, if any, and cleaning the work site. Guardrail shall be guaranteed to perform satisfactorily for up to five (5) years. During the guarantee period, the Contractor shall bear all costs to maintain the guardrail to the City's satisfaction.

Quality Requirements: At the end of each work session, the site should be clean, correct signs and markers replaced on the barricades and guardrails, the overall construction should be strong, and the guardrail shall be repaired pursuant to proper standards and specifications. All work to be to the satisfaction of the Engineer.

37. City Events Support (normal working hours) (Units: hours) Define Unit: This item is measured in 2-man crew hours for the support of the City annual events performed during normal working hours of Monday-Friday 7:00 a.m. to 4:00 p.m. excluding City holidays.

City events include but not limited to "Holiday Parade in December" ", 4th of July Parade, and Haunted Trails. Typical events services for the City's Parks and Recreation Department are listed here:

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• Pickup and delivery of supplies
• Cover signs/parking spaces for special events
• Provide and set-up temporary traffic control devices such as barricades, delineators and cones
• Provide special event signage, street closures and traffic control • Remove tree debris and discarded items from parks and facilities • Secure dangerous areas to protect the public
• Brush clearance, soaking the hill behind the shooting area, install orange temp fence security for 4* of July fireworks, pruning/trimming of the trees on the hill behind the shooting area, traffic and crowd control Repair general facility issues, including broken fences at parks • Coordinate temporary lighting, generators, and other rentals necessary for events
• Coordinate light pole banner installation
• Storage City generator, spider box and electrical cords • Transport of large items that staff cannot accommodate, i.e. soccer goals, etc.
• Sign installation
• Equipment assembly and removal
• Provide electric board signs for special events
• Debris pick-up during and post-event
This activity includes assistance for pre-planning of event, setup, take down and clean up for the City's Parade and other events. Items include traffic control equipment, setup and removal, supply equipment and placement of crowd control measures, post event clean-up and general labor as directed by City Staff. The events are held either on weekends and/or holidays and require a minimum staff of 2 crew members, 1 supervisor, and materials for 10 hours.

Quality Requirements:

At the end of the event all City streets should be free of traffic control measures and any debris. All work to be to the satisfaction of the City.

38. City Events Support (outside normal working hours) (Units: hours) Define Unit: This item is measured in 2-man crew hours for the support of the City annual events performed outside normal working hours. Normal working hours are defined as Monday-Friday 7:00 a.m. to 4:00 p.m. excluding City holidays.

The scope to be provided and quality requirements are described in City Events Support (normal hours).

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39. Nighttime Streetlight Outage Surveys (Units: lump sum) Define Unit: This activity will review the operational status of streetlights and safety lights on every public street in the City in SCE, SDG&E, and City owned service territories. The lump sum payment shall be paid on a prorated quarterly basis. This will be performed on an as-requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the nighttime inspection of every streetlight and safety light on all public streets in the City of Laguna Niguel on an as requested basis and reporting any outages to the responsible party. The City maintains a small portion of streetlights, while a majority are serviced by SCE and Quality Requirements: At the end of the work session, quarterly, every streetlight and safety light associated with public streets in the City shall be inspected and outages reported to the responsible party to the satisfaction of the Engineer.

40. Drain Stencil (Units: each drain)
Define Unit: This is measured by the completion of each drain stencil, and the proper documentation to the City of Laguna Niguel. This will be performed on an as requested basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the maintenance of storm drain stencils/decals throughout the City to provide public awareness about stormwater.

The drainage inlet curb surface should be prepared by cleaning, scraping, or washing prior to application of stencil. Appropriate curb markers should be installed using adhesive or by painting the stencil. This activity includes maintaining marking inventory as needed. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control and applying drain stencil pursuant to the work request. Stencil shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the stencil to the City's satisfaction
Quality Requirements: At the end of each work session, storm drain inlets shall be marked with approved City stencil, stencil should be legible to the public, and work area should be clean. All work to be to the satisfaction of the Engineer.

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41. Manual Inspect and Clean Catch Basin (Units: each catch basin) Define Unit: This is measured by each drain or catch basin or inlet cleaned by manual labor and hand tools. This activity will be performed on an annual basis.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses the annual inspection and manual cleaning of drains, catch basins, inlets, grates, screens, inserts, pipes, down drains, and storm drainage lines to insure the drainage system is functioning at full capacity. Drains are manually checked and cleaned pursuant to a drain cleaning inventory and the work is to be completed between June 1st and September 30th of each calendar year. Recurring problem drains are checked and cleaned (as required) after storms. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control, wearing proper safety equipment, utilizing confined space entry safety standards, and use of appropriate BMP's. Drains shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the drain to the City's satisfaction.

Quality Requirements: At the end of each work session, storm drains should be cleaned removing any debris, work site cleaned, drains shall be cleaned pursuant to proper standards and specifications and the quantity of debris removed shall be fully documented. All work to be to the satisfaction of the Engineer.

42. Clean ARS and CPS Units (Units: each)
Define Unit: This is measured by each drain or catch basin or inlet cleaned by manual labor and hand tools. This activity will be performed on an annual basis.

This activity encompasses the cleaning of catch basins with Automatic Retractable Screens (ARS) and Connector Pipe Screens (CPS) annually prior to rain season or when requested by City staff. This item includes the removal, haul away and disposal of all debris in and around the catch basin, ARS, and CPS.

Quality Requirements: At the end of each work session, storm drains should be cleaned removing any debris, work site cleaned, drains shall be cleaned pursuant to proper standards and specifications and the quantity of debris removed shall be fully documented. All work to be to the satisfaction of the Engineer.

43. Clean Dissipaters (Units: each)
Define Unit: This is measured by each dissipater cleaned. This activity will be performed on an annual basis.

A-39
This activity encompasses the removal of trash and debris from storm drain dissipaters prior to the rain season or when requested by City staff. This item includes labor, haul away and disposal of all debris.

Quality Requirements: At the end of each work session, storm drains should be cleaned removing any debris, work site cleaned, drains shall be cleaned pursuant to proper standards and specifications and the quantity of debris removed shall be fully documented. All work to be to the satisfaction of the Engineer.

44. Removal of Paint or Material Spills (Units: hourly) Define Units: This activity includes sandblasting or otherwise removal of paint or material spills and cleaning up the debris. It will be performed by a 2-person crew hourly basis as requested by the City Engineer.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses providing wet sandblasting or other removal methods of paint or material spills including all traffic control, street sweeping, and clean-up. The job and work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including establishment of proper traffic control, wearing the proper safety equipment, and the use of appropriate BMPs to remove existing traffic control marking so that they are not visible to the public. This activity includes the removal of any hazardous materials or debris that does not belong in the roadway. Removal shall be guaranteed to perform satisfactorily for up to twelve (12) months. During the guarantee period, the Contractor shall bear all costs to maintain the paint or material spills to the City's satisfaction.

General Requirement: At the end of each work session, existing traffic control marking are removed so that they are not visible to the public, and/or hazardous materials and debris are removed from the roadway. All work to be to the satisfaction of the Engineer.

45. Graffiti Removal & Pressure Washing (Units: hourly) Define Units: This item is measured on an hourly basis. It will be performed on a 2-person crew hourly basis as requested by the City Engineer.

This activity includes all labor, materials, equipment, vehicles, tools, chemicals and supplies. At the approval and direction of the City Engineer, chemical cleaning, power washing, steam cleaning, sand blasting, soda blasting, and painting may be required to remove graffiti. All storm drains are to be covered during pressure washing and steam cleaning and effluent properly collected or rerouted into landscaping, without flooding landscaped areas or damaging turf or landscaping.

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46. Storm Patrol and Response (Units: time and materials) Define Unit: This is measured in the amount of time and materials needed for storm response and emergency repair including all labor, equipment and materials to perform the work as defined. This requires minimum one-person to provide patrols and necessary inspections for storm related events during and after normal work hours. A minimum two-person response crew is required to be on call for responding to storm events.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses a minimum one person to provide storm patrol inspections and a minimum two responders. Equipment includes the possible need for a crane, vehicles for inspector and responders, hand equipment and materials necessary to perform a site visit to any inlet identified as not operational during a storm event and to take actions required to clear the drain for proper drainage flow. This is an emergency service that shall be provided within two-hours of notice and shall continue until the storm event has passed. The work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work including inspecting storm drains, photographing findings, and evaluating and performing maintenance/cleaning of drain inlets that are not operational during a storm event. This is an on-call emergency activity which may occur during the daytime or nighttime.

Quality Requirement: At the end of each work session, the drain is cleared of debris to ensure storm water is not backed up causing flooding and drains are photographed to create a document and inventory of all problem drain inlets. All work to be to the satisfaction of the Engineer.

47. Emergency Repairs (Units: time and material)
Define Unit: This is measured in the amount of time and materials needed for any emergency repairs including all labor, equipment and materials to perform the work as defined. This requires minimum one person to provide patrols and necessary inspections during and after normal work hours. A minimum two-person response crew is required to be on call for responding to storm events.

This activity is generally described, but it is the Contractor's responsibility to meet the quality requirement. This activity encompasses a minimum one person to provide inspections and a minimum two responders. Equipment includes the possible need for a crane, vehicles for inspector and responders, hand equipment and materials necessary to perform a site visit to any location and to take actions required. This is an emergency service that shall be provided within two-hours of notice and shall continue until the event is addressed. The job and work must follow identified job standards, specifications, and industry requirements. This will include, but is not limited to, various subtasks for proper planning and performing the work A-41
including inspecting locations, photographing findings, and evaluating and performing repairs. This is an on-call emergency activity which may occur during the daytime or nighttime.

An hourly rate sheet for equipment and man hours is required to be submitted with proposal demonstrating available equipment for emergency repairs and activities.

Quality Requirement: All work to be to the satisfaction of the Engineer.

48. Extra Work (Units: time and materials)
Define Units: This includes a variety of work items. It will be performed on a time and materials basis as requested by the City Engineer.

This activity includes repairs, maintenance, installation or construction within the public right of way, park projects, City facility repairs, open space projects, building repairs, purchasing, etc.

49. Rental Equipment and Materials (Units: time and materials) Define Units: This activity includes the cost plus mark-up for renting equipment and obtaining materials for emergency purposes or it is not included in activities contained herein.

A listing and operating rates of equipment possessed by the Contractor is provided in the form "List of Equipment Rental Rates' submitted by the Contractor' This activity also includes the cost (plus mark-up) of renting equipment not normally possessed by Contractor for emergency situations such as cranes, front loaders, and backhoes.

50. Furnish Temporary Traffic Control Devices (Units: Lump Sum) Define Units: This activity includes furnishing temporary traffic control devices on an annual basis for the performance of the requested work activities.

This activity includes furnishing temporary traffic control devices for emergency response and for supporting City events. The cost for installing the traffic control devices in included in 'General Labor' activities.

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SCHEDULING
The cost of Scheduling is deemed included in Contract Administration and no additional compensation will be allowed therefore. The Contractor shall perform the services as directed by Task Order expeditiously, within the term of these specifications. The Contractor represents that it has the professional and technical personnel required to perform the services in conformance with such conditions. All routine work shall be scheduled to occur within 14 calendar days of the issuance of a Task Order. Emergency work shall be scheduled within a two-hour response time. Upon request of the City, the Contractor shall provide a detailed schedule of anticipated performance to meet the schedule outlined by the City. The extension of any time period must be approved in writing by the City. In addition, Contractor shall accommodate City directed work by Task Order for which the schedule cannot wait for the standard two-week schedule and must be "plugged" into the current work schedule, as solely determined by City.

The Contractor shall supply the City with a written two-week schedule of all work that is planned on the Thursday prior to the Monday of the start of the two-week scheduling period with a report of accomplishment of prior two-week schedule. The Contractor representative shall meet monthly with City's representatives updating City on current work and any anticipated issues.

Service levels in the Work Descriptions are the minimum performance standards for the level of work to be completed. The Contractor shall attain completion of the works and services at or above the required service levels within the time and schedule or within such extended time.

QUALITY ASSURANCE PROGRAM
At the discretion of the City, the Contractor may be required to retain an independent quality assurance Consultant to develop, provide, and implement a quality assurance program that includes routine and random inspection of street maintenance services and testing of all materials utilized in the work, during and after street maintenance, at intervals that are indicative of the life expectancy of the asset and to the requirements of the Engineer to determine quality of work, methodologies, and material. The Consultant shall identify the quality of the completed work and the need for remedial work to resolve any quality discrepancies. The Quality Assurance Plan shall be submitted to and approved by City and then implemented on all work conducted by the Contractor.

At the discretion of the City, the Consultant shall report results monthly in a standard form demonstrating quality assurance and monitoring. The program shall track all work, the labor, material and equipment utilized, determine the level of service being provided by the Contractor, report all testing and inspection results, and provide recommendations for remedial actions. Material testing shall include compaction testing, strength testing, compliance testing and other testing associated with best management practices and reviews of Certificates of Compliance.

A-43
The Quality Assurance Program shall be implemented by an independent entity or Contractor that will provide to the City and Contractor the results of the Contractor's work and actions taken on a monthly basis. This entity shall be totally independent financially and legally from the Contractor.

Any required remedial or quality related work that is identified in related inspections will be completed without any cost to the City and veritied by the independent quality assurance Consultant. The cost of Quality Assurance shall be included in the lump sum annual fee for this work and paid for in equal monthly installments.

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APPENDIX B

CONTRACTOR PRICING FORM
B-1

APPENDIX B

CONTRACTOR PRICING FORM

CITYWIDE STREET MAINTENANCE SERVICES
In the event that this Agreement is renewed pursuant to Section 3 of the Agreement, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

CONTRACTOR'S PROPOSED COST OF SERVICE
This form will be incorporated into the Maintenance Service Agreement as Exhibit B. The matrix below describes items upon which the City requests a proposal.

Please note that the numbers listed below are annual estimates only, and will not be used for any purpose other than to compare proposals received in response to this Request for Proposal. The payments made to the Contractor will be based on the Contractor's actual work performed for the City consistent with the terms and conditions of the Contract documents.

The undersigned declares he/she has carefully examined the locations of the work, read the Request for Proposal, examined all specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work in this Street Maintenance Services Agreement in accordance with the specifications of the City of LAGUNA NIGUEL, and the General Provisions and that he/she will take in full payment therefore the following unit prices for each item complete, to wit:

Name & Signature
-
Company Name Date
B-2

CITYWIDE STREET MAINTENANCE SERVICES

CONTRACTOR PRICING FORM
Estimated quantities are for one year and include all costs including labor, materials, equipment, markups and profit. Total cost shall be calculated for one year.

Item Unit
Description Frequency Quantity Unit Price Cost
#
1 Contract Administration Daily Lump Sum Lump
Sum
General Labor - 1 Person As
2 200 Hourly
Crew, normal work hours Requested
General Labor - 1 Person
As
3 Crew, outside normal work 50 Hourly
Requested
hours
General Labor - 2 Person
4 Daily 6,000 Hourly
Crew, normal work hours
General Labor - 2 Person
As
5 Crew, outside normal work 200 Hourly
Requested
hours
Road Maintenance
6 Supervisor, normal work Daily 2,000 Hourly
hours
Road Maintenance
As
7 Supervisor, outside normal 80 Hourly
Requested
work hours
8 As 20 Hourly
Engineering Support Requested
As
9 Tree Pruning and Removal 20 Hourly
Requested
Spray Pre-emergent
10 Herbicide (Roadway 2/year 100 Acre
Shoulder)
11 Spray Post-emergent 200 Mile
Herbicide (Curb and Gutter) 2/year
12 Remove and Replace 2" AC As SF
Requested 25,000
13 Remove and replace 4" AC As SF
Requested 25,000
B-3
Item Unit
Description Frequency Quantity Unit Price Cost
#
AC Crack Repair Cleaning & As
14 10,000 LF
Filling Requested
Cold Patch of AC Pavement - As SF
15 Temporary Requested 2,000
16 Cold Patch of AC Pavement- As
2,000 SF
Permanent Requested
17 Remove and replace 4-inch As SF
sidewalk Requested 5,000
18 Remove and replace curb As 500 LF
and gutter Requested
19 Remove and replace drive As
3,000 SF
approach Requested
Remove and replace ADA As
20 5 Each
access ramp Requested
As
21 Sidewalk Grinding 1,000 LF
Requested
As 50
22 AC Sidewalk Ramping Each
Requested
23 4" White Striping As LF
Requested 422,000
24 4" Yellow Striping Annually 422,000 LF
As
25 Stop Bars and Chevrons 7,200 LF
Requested
Annually
26 White or Yellow Crosswalks 33,000 LF
Requested
27 White or Yellow Standard Annually Each
Legends 620
28 Ladder Crosswalks Annually 5,410 LF
29 Removal of Markings or As 300 SF
Striping Requested
30 Curb Paint Annually 24,000 LF
31 As Each
Roadway Pavement Markers Requested 1,000
Sign Post Installation and As
32 Replacement Requested 100 Each
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Item Unit
Description Frequency Quantity Unit Price Cost
#
33 Supply Standard Traffic Sign As Each
for Installation Requested 40
34 Supply Custom Traffic Sign As
For Installation Requested 25 Each
35 Nighttime Sign Reflectivity
Annually 1 Each
Survey
As
36 Guardrail Repair Requested 100 LF
City Events Support As
37 (normal work hours) Requested 40 Hourly
City Events Support As
38 Requested 20 Hourly
(outside normal work hours)
Nighttime Streetlight Outage 4/year Lump
39 1
Surveys sum
Drain Stencil As 100
40 Each
Requested
Manual Inspection and Annually
41 1,200 Each
Cleaning Catch Basins
42 Clean ARS and CPS Units Annually 250 Each
43 Clean Dissipaters Annually 100 Each
Removal of Paint or Material As
44 20 Hourly
Spills Requested
45 Graffiti Removal & Pressuring As 40
Washing Requested Hourly
As
46 Storm Patrol and Response Budget T&M $20,000
Requested
47 Emergency Repairs As
Requested Budget T&M $20,000
As
48 Extra Work Requested Budget T&M $40,000
Rental Equipment and As
49 Materials Requested Budget T&M $40,000
Furnish Temporary Traffic Annually Lump
50 1
Control Devices sum
Total Fee: $
B-5
NOTE: The estimated annual quantities included in these Pricing Form pages are supplied to give an indication of the general scope of the services but the accuracy of these figures is not guaranteed and are not, in any event, an obligation of the City to offer or supply. All unit prices shall remain unchanged for three years. Thereafter, upon renewal of Agreement at the City's discretion, charges may by adjusted based upon the Los Angeles/Orange county Consumer Price Index for the lagging 12 months as of the April report, to be effective July 1st. The City shall solely determine if a fee change will be approved. In no event, shall a fee adjustment exceed 5% in any one year and all fee adjustments are subject to the City Budget approval.

The City at any time may require Contractor to competitively bid an item listed on the pricing form from a minimum of three different firms.

CONTRACTOR PRICING FORM
TOTAL FEE PROSAL PER YEAR: $
TOTAL FEE PROPOSAL PER YEAR IN WORDS:_
SUBMITTED BY CONTRACTOR:

NAME: TITLE:

SIGNATURE: DATE:_
B-6

APPENDIX C

GENERAL SPECIFICATIONS AND SPECIAL PROVISIONS
FOR

CITYWIDE STREET MAINTENANCE SERVICES
C-1

GENERAL SPECIFICATIONS AND SPECIAL PROVISIONS
FOR

CITYWIDE STREET MAINTENANCE SERVICES
These General Specifications and Special Provisions shall be used to perform the work requested in this Request for Proposal for Citywide Street Maintenance Services. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required for Citywide Street Maintenance Services. The general items of work to be done hereunder consist of all street maintenance services as defined in Appendix A - Scope of Services.

LOCATION OF WORK
The work will be generally performed within the city limits of Laguna Niguel and include public streets, parks, City property and other locations as necessary.

TIME COMPLETION
The Contractor shall complete all work in every detail in accordance with Task Orders issued for the particular work.

PAYMENT
Refer to Street Maintenance Services Agreement.

TRAFFIC REQUIREMENTS
The Contractor shall provide delineation in accordance with the latest updated version of the California Manual on Uniform Traffic Control Devices and Work Area Traffic Control Handbook (WATCH) as applicable. The Contractor shall prepare a traffic control plan.

No full street closures or parking prohibition shall be made in this project without the prior approval of the City Engineer. The travel lanes of the streets to be closed each day shall be submitted as a two-week advance schedule for the approval of the Engineer.

Residents along the affected streets are to be able to park within reasonable walking distance of their homes. The following requirements shall also apply: (1) business access shall be maintained at all times; (2) no lane closures are allowed on arterial streets before 9:00 a.m. and must be removed by 3:00 p.m., non-arterial streets before 7:30 a.m. and must be removed by 5:00 p.m. (approval by the Public Works Director's, or his designee, is required prior for any changes from these times); (3) only one lane shall be closed at a time (unless approved by City's Traffic Engineer with approved traffic control plans); and (4) no cold planing or AC overlay work on the day before or the scheduled day of trash services.

The Contractor shall utilize a California Registered Engineer to prepare Traffic Control Plans to City's satisfaction, as required, including all required detour plans, advance notices, and road closures.

C-2

UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by JNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least a 48-hour notice to the Underground Service Alert by calling (800) 422-4133. Contractor shall provide the agency with proof of contact with USA prior to any excavation. Any and all USA markings need removal within 72 hours of completion of a project.

The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated
AT&T 3939 E. Anaheim, CA Valentina 714/618-9132
Coronado St., 92807 Gipson
and Floor
Southern 14155 Bake Irvine, CA Steve Hoffman 949/383-6586 California Pkwy. 92618
Edison
Irvine Ranch 15600 Sand Irvine, CA Kelly Lew 949/453-5586 Water District Canyon Ave. 92618
El Toro Water 24251 Los Lake Forest, Brian Miller 949/837-7050 District Alisos Bivd CA 92630
The Gas 1919 S. State Anaheim, CA Barbara 213/244-4511
Company College Blvd. 92806 Barnett
Trabuco Canyon 32003 Dove Trabuco Lorrie Lausten 949/858-0277 Water District Canyon Dr. Canyon, CA
92679
Cox 3415 Kashiwa Torrance, CA Sina 310/265-5875
Communications St. 90505 Muckenfuss
Moulton Niguel 26161 Gordon Laguna Hills, Matt Crowl 949/425-3593 Water District Rd CA 92653
SDG&E 662 Camino San Clemente, Kim Magnuson 949/361-8060 De Los Mares CA 92673
In addition, Contractor shall notify the following entities on a continuing basis on the project schedule and impacts to access.

OCTA (Bus 550 S. Main Street Orange, CA 92613- Bill Batory 714/560-5912 Operations) 1584
CR&R (Waste 11292 Western Avenue Stanton, CA 90680 Chrystal 714-372-8209 Hauler) Denning
Capistrano 33122 Valle Road San Juan John Forney 949/493-3728 Unified School Capistrano, CA
92675
C-3
The California Public Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (714) 369-0680 at least 2 working days prior to the start of construction.

The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period and shall be responsible for preparation and processing of any required plans or permits.

The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.

By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work as shown on the proposal bid sheet and no additional compensation will be allowed.

FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface, or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk. The Contractor, at all times, shall comply with the State General Construction Permit, the NPDES permit issued by the Santa Ana Regional Water Quality Control Board and the NPDES permit issued by the San Diego Regional Water Quality Control Board. The Contractor, if required by Agency, shall prepare a Storm Water Pollution Prevention Plan and shall use Best Management Practices to minimize adverse water quality impacts from the project before initiating construction.

REMOVAL OF WATER
The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the Engineer.

C-4
Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefore.

The Contractor shall conform all operations to be in compliance with NPDES and shall utilize Best Management Practices for control of all pollutants.

STANDARD SPECIFICATIONS
The Standard Specifications of the Agency are contained in the most recent edition of the STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher:

Building News, Incorporated
P.O. Box 3031 Terminal Annex
Los Angeles, California 90051
(310) 202-7775
The Standard Specifications set forth above will control the general provisions for this contract except as amended by the Citywide Street Maintenance Services Agreement (Appendix F), General Specifications, Special Provisions, and other contract documents.

The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment or elaboration, or specifying options, are called out.

In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.

References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the most recent edition of the Standard Specifications of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from:

State of California - Department of Transportation
Central Publication Distribution Unit
6002 Folsom Boulevard
Sacramento, California 95819
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References in the Special Provisions to Standard Plans shall mean those specific standard plans as selected by the Engineer from the Standard Plans of the City of Laguna Niguel, and where applicable, the APWA Standard Plans for Public Works Construction, latest Edition, the OC Public Works Standard Plans, and State Department of Transportation.

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.

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CITY OF LAGUNA NIGUEL

SPECIAL PROVISIONS FOR

CITYWIDE STEET MAINTENANCE SERVICES

PART I - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS.

Agency/City - City of Laguna Niguel
Board - City Council
Engineer - City Engineer
Caltrans - California Department of Transportation
County - County of Orange
State - State of California
Federal - United States of America

DEFINITIONS
Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or City.

Act of God is an earthquake in excess of a magnitude of 3.5 on the Richter scale and tidal waves.

Approval means written authorization by Engineer and/or City.

Contract Documents includes all documents as stated in the Contract.

City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.

Day shall mean calendar day unless otherwise specifically designated.

Engineer shall mean the City Engineer, or his or her designee, of the City, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as "City's Representative" or "Representative" in the Contract Documents.

Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.

Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the dirended desigs inted electivise. designation, selection, or similar import of the C-7
Install means the complete installation of any item, equipment or material.

Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.
necessary to complete The Work, including furnishing of necessary labor, tools, or required to complete such performance.

Project is The Work planned by City as provided in the Contract Documents.

Provide shall include provide, complete in place, that is furnish, install, test and make ready for use.

Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.

Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction, which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.

The Work means the entire improvement planned by City pursuant to the Contract Documents.

Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.
2-9 SURVEYING.
2-9.2 Survey Service.

The Contractor shall, as may be required, retain the services of a State of California licensed surveyor and shall provide the initial construction staking for the construction to include one set of rough grade stakes, one set of finish grade stakes, and as otherwise required by the Inspector.

The Contractor shall be responsible for the finished work's conforming to the lines, grades, and benchmarks given by the Engineer. The contractor shall establish supplementary benchmarks, elevations, lines, and grades and any other necessary C-8
controls which are not established by the Engineer, and which are necessary to complete the work.

The cost of surveying and/or construction staking and for replacement of stakes lost for any reason will be the responsibility of the Contractor.

SECTION 5 - UTILITIES
5-1 LOCATION.

The Contractor shall notify the utilities designated in the General Specifications at least 48 hours in advance of excavating around any of their structures.

The existence and locations of utilities shown on the drawings have been determined by a search of the available records as provided by the respective utility owner. The exact locations have not been determined by potholing unless so indicated on the drawings. The Contractor shall determine the exact location of all existing utilities prior to commencing work. He agrees to be fully responsible for any and all damages which may be caused by his failure to exactly locate and preserve any and all underground utilities, whether shown on the plans or not. In the event the Contractor encounters underground utilities not shown on the plans, he shall verify the exact location of the utility and immediately notify the Engineer, regardless of whether the unknown utility conflicts with the proposed construction or not. In the event of such a previously unknown conflict, the Contractor shall immediately notify the Engineer as to the extent, if any, of delays or additional costs resulting from said conflict. The Contractor shall perform work and provide necessary materials to disconnect or relocate existing utilities as indicated. Record on record drawings all existing utility termination points before disconnecting.

When uncharted or incorrectly charted underground piping or other utilities and services are encountered during site work operations, notify the applicable utility company immediately to obtain procedure directions. Cooperate with the applicable utility company in maintaining active services in operation.

ARTICLE 2 EXISTENCE OF UTILITIES AT WORK SITE
City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.

No excavations were made to verify the locations shown for underground utilities. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage.

The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections and, if necessary, Contractor shall arrange for the relocation of service connections. The C-9
Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.

All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations
Notwithstanding the above, pursuant to Section 4215 of the Government Code, City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection.

Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227-2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and City has been given the identification number by the Contractor.

SECTION 7 - RESPONSIBILTIES OF THE CONTRACTOR
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.

A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.

ARTICLE 25: EXCESSIVE NOISE
The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.

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The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements i shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. 7-7 COOPERATION AND COLLATERAL WORK.

The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City of Laguna Niguel, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule his work and conduct his operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the Engineer in the event of a delay in scheduling caused solely by this concurrent work. 7-8 PROJECT SITE MAINTENANCE
7-8.1 Cleanup and Dust Control
The Contractor shall keep adjacent properties clean and free of rubbish and debris on a daily basis as necessary and as directed by the Engineer.

Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary tencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.

Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, City may do so and the cost of such clean up shall be charged back to the Contractor. 7-8.8 Refuse, Recycling, and Litter.

The Contractor shall solely contract with CR&R for all refuse services. The Contractor shall place all recyclables into a recycled materials container and ship to a CR&R approved recycling plant. All green waste shall be sent to a CR&R approved compost C-11
facility. Contractor shall maintain records of recycled material volumes and weights for submission to Agency prior to final payment. Contractor shall, on a daily basis, collect and dispose of litter throughout the entire project limits. Payment for this work shall be included in various items of work and no additional compensation shall be allowed
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access.

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. he Contractor shall notify in writing all affected property owners of the proposed onstruction schedule a minimum of 72 hours in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the Engineer and shall contain the date and time of the closure. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. The "Notices" will be furnished by the Contractor.

The existing bus stops shall remain in operation during the project. Contractor shall coordinate with-OCTA on bus access and shall safeguard the public's-use of these locations. Contractor shall maintain access to all driveways at all times, including, but not limited to, the placement of steel plates to span the construction site and provide access, and work with homeowner's to accommodate special access needs.

PROTECTION OF WORK AND PROPERTY
The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by City. All Work shall be solely at the Contractor's risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by City and the Contractor.

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Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the work operations.

Contractor shall:

Enclose the working area with a substantial barricade and arrange work to cause minimum amount of inconvenience and danger to the public.

Provide substantial barricades around any shrubs or trees indicated to be preserved.

Deliver materials to the Project site over a route designated by the Engineer.

Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.

Confine Contractor's apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with-its materials.

Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to City.

Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to City.

Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.

At the completion of work each day, leave the Project site in a clean, safe condition.

Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

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Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

City shall be entitled to inspect and copy any such documentation, video, or photographs.
7-10.2 Storage of Equipment and Materials in Public Streets.

Contractor is prohibited from storing equipment or materials within a public way, right- of-way, or street. The Contractor may, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case, the Contractor shall submit to Agency written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work without compensation. Location of site to be approved by Agency.

The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to Agency. The Notice of Completion will not be issued until said release is submitted. 7-10.3 Street Closures, Detours, Barricades.

It shall be the Contractor's responsibility to furnish a detailed detour signing, traffic control, and barricade plan for Agency approval. Detours shall be in accordance with CalTrans standards. The Contractor shall submit detailed drawings of any proposed detour(s) to the Engineer for approval prior to the commencement of work. All traffic control devices, flaggers, labor and materials shall be included. The Contractor shall provide, at his expense, advanced warning signs advising the public of the impending major construction project and his proposed schedule. Said signs shall be posted at all major approaches to the construction zones a minimum of two weeks prior to the start of construction. In addition to a Traffic Control Plan, a Detour Plan shall be prepared and implemented each day to include two (2) changeable message boards with four (4) lines of text to provide advance notice of the construction and the detour plan.

Payment for the above shall be deemed as included in the lump sum price bid for clearing and grubbing and no additional compensation shall be allowed The Contractor shall be responsible for providing temporary access to all driveways at the end of each work day. Access to the Citywide bus stops for pedestrians and buses shall be maintained.

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The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineators and other necessary facilities for the protection of the public within the limits of the construction area. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the roadway, all in accordance with the provisions of the Vehicle Code and the current State of California Department of Transportation Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways.

Special emphasis shall be placed on use of "CONSTRUCTION ZONE AHEAD" (C18R) signs at the beginning, end and any access and/or intersection streets with roads under construction.

Portable delineators shall be placed as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed 50 feet on tangents or 25 feet on curves except when used for lane closure.

When used for lane closures, the fluorescent traffic cones or portable delineators shall be placed at intervals not to exceed the following:

Tapers.... ...25 Feet
Edge of Closed Lane
Tangents... 100 Feet
Curves... 50 Feet
If the traffic cones or portable delineators are damaged, displaced or not in an upright position, from any cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.

The Contractor shall furnish competent flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered.

Flagmen, while on duty and assigned to give warnings to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flagmen," of the Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor, at his expense.

Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices.

The Contractor shall also be required to post "Temporary No Parking" signs 48 hours prior to start of work. The notification to property owners mentioned in Section 7-10.1 and "Temporary No Parking" signs will be furnished by the Contractor.

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Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access.

1. Orange County Sheriff's Department

2. Fire Authority

3. Schools and School Bus Organizations

4. CR&R Waste Disposal

5. OCTA stops and zones

6. City Engineer

7. Sunset Properties Street Sweeping
All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction and permanently relocated or removed as directed by the plans and the Engineer. Signs which need not be maintained during construction or permanently relocated shall be salvaged to the Agency. Traffic lane lines shall be restored with reflective tabs at the end of each day and repainted each seven (7) days.

Full compensation for conforming to this article shall be considered as included in the no arena bid for destining ris aride pal be and compensation i te allowed therefore.

STREET CLOSURES, DETOURS, BARRICADES
Existing electrical systems (traffic signal, highway and street lighting, flashing beacon, sign illumination and other facilities), or approved temporary replacements thereof, shall be kept in effective operation for the benefit of the traveling public during the progress of the work, except when shutdown is permitted to allow for alterations or final removal of the systems. The traffic signal shutdowns shall be limited to normal working hours, or shall be as specified in the special provisions. Lighting system shutdowns shall not interfere with the regular lighting schedule, unless otherwise permitted by the Engineer.

The Contractor shall notify the Engineer prior to performing any work on existing systems.

The Contractor shall notify the City prior to any operational shutdown of a traffic signal. The City will:

1. Continue the operation and maintenance of existing electrical facilities.

2. Continue to provide for electrical energy for the operation of existing electrical facilities.

3. Repair or replace existing facilities damaged by public traffic.

4. Pay the cost of electrical energy for the operation of existing or new facilities that are undergoing the functional tests.

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5. The Contractor shall ascertain the exact location and depth ofexisting detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage those facilities or interfere with any electrical system.

6. Where damage is caused by the Contractor's operations, the Contractor shall, at the Contractor's expense, repair or replace damaged facilities promptly in conformance with these specifications.

If any existing loop conductor, including the portion leading to the detector handhole or termination pull box, is damaged by the contractor's operations, the Contractor shall immediately notify the Engineer. The affected detectors shall be replaced at the Contractor's expense and as directed by the Engineer within 24 hours. If the Contractor fails to complete the repairs within this period, the repairs will be made by the City at the Contractor's expense.

7. Should the Contractor fail to perform the required repairs or replacements, the cost of performing the repairs or replacements will be deducted from any moneys due or to become due to the Contractor.

8. Where roadways are to remain open to traffic and existing lighting systems are to be modified, the lighting systems shall remain in operation and the final connection to the modified circuit shall be made so that the modified circuit will be in operation by nightfall of the same day.

9. Temporary electrical installations shall be kept in effective operation until the temporary installations are no longer required for the traveling public.

10. During traffic signal system shutdown the Contractor shall place "STOP AHEAD" and "STOP" signs to direct vehicle and pedestrian traffic through the intersection. All signal faces shall be covered when the system is shutdown overnight. Temporary "STOP AHEAD" and "STOP" signs shall be either covered or removed when the system is turned on.

11. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Caltrans Standard Specification section 12-3.06, "Construction Area Signs." Minimum size of "STOP" signs shall be 30 inches.

12. One "STOP AHEAD" sign and one "STOP" sign shall be placed for each direction of traffic. For two-lane approaches, 2 "STOP" signs shall be placed. Location of the signs shall be as directed by the Engineer.

13. Barricades shall be equipped with flashing warning lights. All power required devices shall be operated by batteries, rather than generators.

14. Street closures will not be allowed, except as specifically permitted by the Engineer. Traffic control shall be approved by the Engineer.

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15. Lane transitions shall conform to the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD).

16. Temporary traffic channelization shall be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces, which are to remain. The Contractor shall prepare any traffic control or detour plans that may be required as directed by the Engineer. The Contractor shall submit Traffic Control Plans for all work on arterial roads, prepared and signed by a California Registered Civil or Traffic Engineer at least ten (10) working days prior to commencing work.

17. The Contractor shall schedule an employee to police the temporary delineators and barricades within the travel way during weekday, nonworking hours, and over Saturdays, Sundays, and holidays. Any corrective work required to be done by City forces shall be back charged to the Contractor based on the actual costs, plus City overhead and withheld from the final payment.

All costs to the Contractor for street closures, detours, barricades, and associated-plans-shall-be-included-in-various-lump-sum-contract-bid-items, and no separate payment will be made therefore.
7-10.4 Safety
7-10.4.1 Safety Orders
The Contractor shall comply with the provisions of any Agency ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.

In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation of five feet or more in depth and into which a person is required to descend.

Prior to beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing.

In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for construction C-18
safety and for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the project.

In accordance with Section 7104 of the Public Contract Code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:
1) That the Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to as Class I, Class Il or Class Ill disposal site in accordance with provisions of existing law.

B. Subsurface or latent physical conditions at the site differing from those indicated.

C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the character provided for in the contract.

That the public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

III) That, in the event that a dispute arises between the public entity and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

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PART II - CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-1 ROCK PRODUCTS
200-1.1 General.

Unless otherwise indicated by the Special Provisions, Alternate Rock Material - Type "S" is specified. Part 4, Section 400, of the Standard Specifications for Public Works Construction will be used, as modified by OCPR&RD Standard Plan 1804.

UNTREATED BASE MATERIALS.
200-2.1 General.

Aggregate Base Material shall be crushed base as specified in the Greenbook.

SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS

PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class and Alternate Class.

The concrete will be type V and shall be 520-C-2500 with a maximum slump of fou 4) inches for all sidewalks, driveways, curbs and gutters. The class of concrete shal be 560-C-3250 or as specified by the Structural Engineer for all foundations. The concrete for the cross-gutters shall be designed for early high strength. 201-1.1.3 Concrete Specified by Special Exposure.

Test for Portland Cement Concrete

1. All material shall comply with Orange County Standards, American Concrete Institute (Act 1) and Uniform Building Code.

2. Product Data:
a) Submit complete materials list of items proposed for the work. Identify materials source.

Submit admixture, curing compound, retarder, and accessory item product data.

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C) Submit material certificates for aggregates, reinforcing, and joint fillers.

Submit concrete delivery tickets. Show the following:

Batch number
b) Mix by class or sack content with maximum size aggregate C) Admixture
Air content
e) Slump
f) Time of loading
Submit concrete test reports.

Provide field quality control testing and inspection during concrete operations.

Contractor shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test agency and their representatives in execution of their function.

Testing:

Provide slump test on first load of concrete delivered each day and whenever requested due to changes in consistency or appearance of concrete.
b) Provide air indicator test and air meter tests for all air entrained concrete.
i) Perform air indicator test with a "Chase" AE 35 or equal air indicator, and air meter test in accordance with ASTM C231 or 173. Test first load of concrete delivered each day.
ii) Furnish copies of field records and test reports as listed for strength tests.
c) Strength Testing:
i) Provide 1 set of 3 test specimens for each 50 cubic yards placed in any one day. Secure samples in accordance with ADTM C31.
ii) Test 1 specimen at 7 days and 2 specimens at 29 days in accordance with ASTM C39.

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ili) Furnish copies of field records and test reports as follows:
2 copies to City's representative
1 copy to Contractor
1 copy to Ready Mix supplier
d) Record the exact location of the concrete in the work represented by each set of cylinders and show on test reports.

Provide an insulated moist box for protection of the test cylinders until shipped to the laboratory.
201-1.2 Materials
201-1.2.1 Portland Cement.

All cement to be used or finished shall be Type V.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.2 Premolded Joint Filler. [Replace with the following]:

The Contractor shall use ¼" bituminous type expansion joint filler only. 201-4 CONCRETE CURING MATERIALS
201-4.1 Membrane Curing Compounds.

Contractor shall use TYPE II "Hunts" clear curing compound, unless otherwise specified by the Engineer.

SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.1 General. [Add the following to the end of the subsection]:

Asphalt concrete shall conform to the provisions of Subsection 400-1, "Rock Products," and Subsection 400-4, Asphalt Concrete," as modified by OCPF&RD Standard Plan 1805, and herein.

Note that the asphalt concrete paving shall be a III-C2-PG 64-10 mix for the asphalt concrete overlay placement and a III-B2-PG 64-10 mix for all asphalt concrete placement below the finish surface course. Submit mix designs for approval.

SECTION 207 - PIPE
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207-17 PVC PLASTIC PIPE
207-17.1 General [Add the following]
Subdrain pipe shall be 4" nominal with perforations on the bottom of the pipe an overed with a filter fabric sleeve. Contractor shall provide a submittal for approval o this material.

SECTION 210 - PAINT AND PROTECTIVE COATINGS
210-1 PAINT.
210-1.6
210-1.6.1 General.

The paint for traffic striping and marking shall be as follows:

1. Rapid Dry Water-Borne Traffic Line Paint; White, Yellow and Black; California Material Specification 8010-42L-30.

Rapid Dry Solvent-Borne Traffic Line Paint; White, Yellow and Black; California Material Specification 8010-12F0-05.

3. Fast Dry Solvent-Borne Traffic Line Paint; White, Yellow and Black; California Material Specification 8010-51K-04.

The paint for concrete curbs and asphalt curb shall be the following, or an approved equal:

J.E. Bauer Company #2133 A-9 Red.

2. J.E. Bauer Company #2134 A-9 Green.

3. J.E. Bauer Company #1864 A-9 Blue.

4. J.E. Bauer Company #1653 A-9 Yellow.

All striping is required within 48 hours, with two coats painted within seven days.

Thinner shall not be mixed with paint. Paint shall dry "tack-free" within thirty (30) minutes. Paint used for pavement legends shall be a compound of paint and glass beads.
210-1.6.5 Reflective Material.

C-23
Glass beads for traffic paint shall conform to State Material Specification 751-80- SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS
211-1.1 Laboratory Maximum Density.

Laboratory maximum density tests shall be performed in accordance with Test Method No. Calif. 216G, Part II. The correction for oversized material as stated in Test Method No. Calif. 216 shall be replaced with Note 2 of ASTM D 1557. 211-1.2 Field Density. [Add the following paragraph]:

Field density tests will be made by the Engineer during the course of construction at the expense of the Agency. If field density tests indicate that any portion of the compacted subgrade has density lower than that specified, the Contractor shall rework that portion until the specified density is obtained. Retest of areas which have failed compaction will be performed by the Engineer at the Contractor's expense. The Contractor's compensation may be reduced for asphalt concrete compaction not in conformance with these specifications in accordance with the CalTrans Compaction Reduction Procedure.

SECTION 215 - TRUNCATED DOME PANELS
215-1.0 General.

Truncated Dome Panels shall comply with the design promulgated by the United States Access Board, or better, and shall be Armor-Tile cast-in-place panels in yellow color, unless a different color is requested by Engineer. Submit manufacturer's material product data sheet.

PART III - CONSTRUCTION METHODS
300-1 CLEARING AND GRUBBING
300-1.3.2 Requirements.
(d) Miscellaneous
In addition to the work outlined in subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item:
(1) Mobilization/demobilization including multiple occurrences of mobilization/demobilization.

C-24
(2) Clearing, removal, and disposal of debris generated from the work. (3) Hand removal and disposal of all vegetation, trees, tree roots, trash and other objectionable material from the affected portion of the project and areas adjoining thereto on a daily basis.
(4) Protection of existing plant materials and fencing. (5) Sediment and erosion control and implementation of Water Quality Best Management Practices.
(6) Protection and maintenance of existing improvements, including but not limited to fencing, storm drains, parking lot, sidewalks, utilities, and traffic controls within the construction zone, except those specifically directed by the Engineer to be removed or relocated.
(7) Maintain dust control at all times. Developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work.
(8) Daily cleanup of work site. Daily litter removal. Daily street sweeping.

Recycling of waste materials and provisions for refuse containers. (9) Maintenance of traffic control and all signs, barricades and flashers necessary to maintain proper control.
(10) Notices to property owners, coordination with others, coordination with utility companies.
(11) Traffic control including preparation of a Traffic Control Plan. (12) Other items of work as directed in these Special Provisions. 300-2 UNCLASSIFIED EXCAVATION
300-2.2 Unsuitable Material [Add Subsection 300-1.3.2(a). "Bituminous Pavement" as Subsection 3090-2.2.3 and amend as follows]:

The areas and quantities shown on the plans are given only for the Contractor's aid in planning the work and/or preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedence over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Spilled or loose blocks of pavement and pavement cracks wider than 3/8 inch will be deemed justification for extending or adding to the removal and replacement of asphalt or Portland cement concrete pavement.

C-25
The areas indicated for removal and replacement shall be excavated to the full depth of the proposed pavement section. Where directed by the Engineer, additional aggregate base and/or native soil shall be removed to correct a subsurface problem. 300-2.6 Surplus Material. [Add the following]:

All surplus material shall be disposed of in a legal manner at the expense of the Contractor.

SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF

BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction. [Add the following paragraph after the first paragraph]:

Existing or new subgrade shall be compacted to 95% relative compaction in the top 12" of subgrade. Compaction requirements shall be as specified in Subsection 211-2.3 of the Standard Specifications.

SECTION 302 - ROADWAY SURFACING
302-1 COLD MILLING OF EXISTING PAVEMENT
Existing asphalt pavement within the project limits shall be cold milled to a depth of 2- inches of the entire pavement area. The final cut shall result in a uniform surface conforming to the typical cross section. All cold milling work shall be completed by the Contractor after the removal and replacement of failed pavement area.

It is the Contractor's responsibility to remove all the thermoplastic pavement markings, if any, prior to the cold milling operation.

At all locations where an overlay pavement is joining or overlaying existing asphalt pavement, the Contractor shall cold mill existing pavement to provide straight neat lines and feather the new pavement to form a smooth transition with the existing pavement. At these locations, the Contractor will match the existing pavement elevations. The final cap transition between the streets must be smooth and neat in appearance, including the radius points.

The City has made every reasonable effort to locate and mark on the plans all known metal roadway improvements such as sewer/storm drain manhole covers, water valve covers, and gas valve covers, which if struck, could damage the cold milling cutting drum and/or carbide tipped cutting teeth. The City makes no guarantee that it has successfully located all said items. Therefore the contractor shall thoroughly inspect the work site in advance of the cold milling operation to minimize the risk of striking any these items.

C-26
Care shall be exercised not to damage adjacent concrete curbs or gutters. Curb or gutter damaged due to cold milling work shall be replaced as approved by the City Engineer at the Contractor's expense.

Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by sweeping and properly disposed. No washing of residue into drainage structures will be allowed. All catch basins and curb inlets shall be covered, utilizing the BMP which most appropriately fits the situation, and as approved by the City Engineer. Additionally, Contractor shall exercise due care to not to cause any damage to motor vehicles traveling adjacent to the work area during construction, especially during the cold milling operation. Any damage claims arising from uncontrolled debris will the sole responsibility of the Contractor.

The Contractor shall make every effort to control all dust created by his operations by utilizing the Best Management Practice approved by the State Water Resource Control Board.
302-1.12 Measurement and Payment.

Bituminous Pavement/PCC Cold Planing shall include edge grinding of 0" to 2" for a 6' wide grind, end of street grinding of 2" depth for a 15' wide transverse grind and bump grinding. Temporary ramping, where required by the Engineer for traffic control or other purposes, and shall be considered included in the price. 302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General.

Asphalt Concrete shall conform to the requirements of Subsection 203-6.1 as modified by these Special Provisions, and OC Public Works Standard Plan 1805. Bituminous pavement removals shall conform to the provisions of Subsection 300.2.2 as modified as follows:

The AC pavement to be removed shall be sawcut to full depth and in case of concrete (PCC) to a minimum depth of 100-mm (4") to provide a neat and straight pavement The join between the existing pavement and the new pavement shall be Only areas that can be repaved to finish grade in one work day shall be excavated in the same one work day. AC pavement shall be placed on the same day as the related excavation or cold planing. All travel lanes shall be reopened at the end of the work day. AC shall be placed in two (2) inch lifts and compacted to 95% relative compaction.

Diesel fuel shall not be used for cleaning within the limits of this project.

All residue shall be completely removed and disposed of in a safe and legal manner. Prior to the placement of any asphalt, the street surface shall be C-27
thoroughly cleansed to remove all loose deposits of material. Cleaning shall be performed by hand broom, pressurized are hose or street sweeper. If water is used, the pavement shall be completely dry before the application of any asphaltic materials. The City may have a use for the material removed. In such instances, the material shall be hauled to locations designated by the Engineer at no additional cost to the City.

At the conclusion of each work day, the newly paved areas shall be smooth, flush with finish grade and suitable for traffic. The Contractor shall place temporary reflective tabs to restore all lane lines affected by the new paving. 302-5.4 Tack Coat.

Tack coat shall not be applied on the surface of pavement, but only on the vertical face of joints. Joints shall be thoroughly swept clean immediately prior to applying tack coat.

Apply SS-1H tack coat uniformly in two coats of 0.20 gallons per square yard each with full "break" in between.
302-5.5 Distribution and Spreading. [Delete the subsection and add the following]:

Spreading and compacting of the AC shall comply with Section 39-6 of Caltrans Standard Specifications. A layer of prime coat to be applied between all bonded and unbonded layers. A layer of tack coat shall be applied to all vertical cut faces and between subsequent AC lifts.
302-5.5 Distribution and Spreading. [Delete the sixth paragraph and add the following]:

The depositing, distributing, and spreading of the asphalt concrete shall be accomplished in a single, continuous operation by means of a self-propelled mechanical spreading and finishing machine designed specifically for that purpose.

The machine shall be equipped with a screen or strike-off assembly capable of being accurately regulated and adjusted to distribute a layer of the material to a definite predetermined thickness. The machine shall be equipped with automatic screen controls. The automatic screen controls require a reference system for the automatic system to follow. This reference can be the base on which the asphalt concrete is being placed, the lane next to the material being placed, or a string line. The automatic screen control can also follow a traveling reference system. A traveling reference system may be a ski attached to a control arm, which notes changes in base contours and adjusts the screen automatically to compensate. A string line or traveling reference system shall be used to allow the automatic control to adjust screen height as necessary to maintain proper longitudinal (length-wise) grade of the pavement. To maintain proper transverse (width-wise) grade, the automatic screen control shall use C-28
a pendulum system attached to a beam running between the two screen pull arms.

When paving is of a size or in a location that use of a self-propelled machine is impractical, the Engineer may waive the self-propelled requirement.

At those locations where new asphalt concrete pavement overlay joins existing asphalt pavement, the Contractor shall rake out all aggregate 3/8-inch or larger and feather the new paving to form a smooth transition to join the existing pavement.

Spillage resulting from hauling operation along or across any publicly travel way shall be removed immediately by the Contractor at its expense. 302-5.5.1 Miscellaneous Asphalt Concrete Placement. [Add the following section].

This item shall consist of all preparatory work (including all handwork) necessary to place miscellaneous asphalt concrete. It shall include the following:
(1) Fine grading to the tolerances set forth in Subsection 301-1.4 of the Standard Specifications.
(2) Applying soil sterilant in accordance with Subsection 301-6 as modified by these Special Provisions.
(3) Providing headers (if shown on plans) in accordance with Subsection 302-5.5 of the Standard Specifications.
302-5.8 Manholes (and Other Structures). [Add the following]:
302-5.8.1 Adjustment of Manholes. [Add the following subsection].

Adjustments to grade of manholes and vault shall conform to the provisions of the Irvine Ranch Water District and El Toro Water District, as appropriate. The The Contractor shall coordinate with the respective utility at least two working days prior to beginning work for any manhole adjustments.

The method of adjusting existing manholes and vault in areas of new construction or reconstruction shall be as follows:
1) Manhole and vault locations shall be marked prior to pavement operations. 2) Manhole frames and covers and manhole shafts shall be removed to a depth of six inches below subgrade and covered with an adequate steel cover.

Upon completion of roadway construction, circular holes shall be cut where the manhole and vault exists.
4) The manholes and vault shall then be raised to the proper grade, the manhole frames and covers replaced, and the pavement shall be replaced with an asphalt concrete structural section equivalent to that existing in adjacent areas.

C-29
If the manhole cover is unstable or noisy under traffic, said conditions shall be corrected by placing a coil of asphalt saturated rope, a plastic type washer or asphaltic compounds, as approved by the Engineer, on the cover seat.

The Contractor will exercise care so that surface materials such as rocks, dirt and debris do not enter sewer lines.
302-5.8.2 Adjustment of Water Valve Covers/Gas Valves/Survey Covers. [Add the following subsection].
the irine cancer gater Distiu sted i Tare by ter Distracte this shal coordinate with the respective utility at least two working days prior to beginning work for any valve cover adjustments.

Water valves shall be protected in a place and shall be accessible at all times during construction:

Valve covers shall be marked as to their location by the Contractor prior to the placement of the pavement. The Contractor shall remove and replace the valve box.

Valve covers shall be adjusted to new pavement grade after paving operation. 302-11 Bituminous Pavement Crack Sealing. [Add new section]:
302-11.1 General.

Bituminous Pavement Crack Sealing consists of furnishing all labor, equipment, and materials and performing all operations in connection with bituminous pavement crack sealing. Crack sealing shall be performed upon all streets scheduled for A.C. pavement repair and surfacing without further designation. 302-11.2 Cleaning.

All pavement cracks greater than or equal to 1/8" width shall be routed by mechanical means and cleaned by air blowing. All debris resulting therefrom shall immediately be removed by mechanical means and disposed of in a legal landfill or pavement recycling facility.
302-11.3 Material.

The crack sealing material shall be an asphalt cement, aromatic rubber extender oil, and a minimum of 20% powdered rubber by weight combined in such manner as to produce a material with the following properties:

1. Workability - The material shall pour readily and penetrate large cracks a temperatures below 400° Fahrenheit.

C-30

2. Curing - The product shall contain no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tacking by traffic.

3. Laboratory Evaluation - When a sample of the product has been heated at 350° Fahrenheit for two hours, it shall pass the following tests:

Softening Point (R&B) 1350 F Min. (ASTM D312)
Flexibility A 1/8" thick specimen of the product conditioned to 10° F shall be capable of being bent to a 90° angle over 1 mandrel without cracking.

The sealer shall be forced into the crack by use of a squeegee. The sealer shall be flush with the existing pavement surface prior to the application of the AC overlay or slurry seal.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS,_ WALKS, GUTTERS, CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements.
303-5.1.1 General. [Add the following paragraph]:

Construction of Portland Cement Concrete curb and gutter, rolled curb, cross gutter, sidewalk, driveway approach, driveways, tree wells, mow curb, and access ramps shall be constructed in accordance with the Contract Documents as modified herein and shall include the removal and replacement of 12" wide by 12" deep by "length of work of PCC" of deep lift AC paving.

Sawcutting, excavation, grading, preparation of subgrade and installation of crushed aggregate base if necessary for the construction of these items shall be included in each corresponding bid item and no additional compensation will be made therefore.

All cement products shall be Type V.

Curing compound shall be Type I conforming to the provisions in Section 201-4, "Concrete Curing Compound," of the Specifications. Contractor shall exercise caution in using such curing compounds so as to avoid spraying any cars which may be parked adjacent to the work site.

The compensation for the removal of existing sidewalk, curb and gutter, local depression, ramps, driveway approach, driveway, cross-gutter, including removal of tree roots, protection of irrigation, and repair of irrigation damaged by the contractor including sawcutting to construct sidewalk, curb and gutter, curb, driveway approach, driveway, cross-gutter and access ramp with blue truncated dome panels by Armor- C-31
Tile, and removal, protection, and reinstallation of bus bench and trash receptacle, if any, shall be included in each corresponding bid item, and no additional compensation shall be allowed
Contractor shall match existing curb face height and gutter width.

The Contractor shall schedule his operations so that P.C.C. work shall be constructed within forty-eight (48) hours subsequent to removals at any given locations.

As soon as the concrete will allow, strip the forms and trowel smooth the curb face and top. Tool the edges of expansion joints with an approved 1/8 edging tool.

After curing, AC deeplift shall be placed per pave-out detail. Completed curb and gutter, curb, sidewalk, cross-gutter, and driveways shall be protected from damage until accepted.

Concrete curbs, walks, gutters and driveways shall conform to the Standard Specifications as modified by OCPF&RD Standard Plan 1803 and herein.

Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 of the Standard Specifications.

At select locations of sidewalk removals and replacements, existing drain outlets shall be modified to incorporate a drain grate cover depicted in "Appendix D." The cost for the addition of the drain grate cover shall be included in the unit cost for removal and replacement of sidewalk.

Access ramps shall be constructed in accordance with Caltrans Standard Plan RSP A88A or equivalent, monolithic pour of curb and gutter and ramp, including a back-of- walk retaining curb as directed and as needed, and including cast in place blue truncated dome panels by Armor-Tile.
303-5.2 Forms.
303-5.2.1 Standard Forms. [Add the following]:

1. Use flexible metal, 1" lumber or plywood forms to form radius bends.

2. Install, align and level forms, stake and brace forms in place. Maintain following grade and alignment tolerances.
a) Top of Form: Maximum 1/8" in 10'-0".
b) Vertical Face: Maximum 1/4" in 10'-0".

C-32

3. The Contractor shall include all fine grading and compaction with regard to setting forms during concrete placement.
303-5.4 Joints.
303-5.4.1 General. [Add to the first paragraph]:

The surface sidewalks shall be marked into rectangles of not less than 12 square feet nor more than 20 square feet with a scoring tool which will leave the edges rounded or scored to match the adjoining sidewalk.

A monolithic pour of sidewalk and curb and gutter shall not be permitted except at the access ramp locations.
303-5.4.2 Expansion Joints. [Modify second paragraph as follows]:

The expansion joints consisting of premolded Expansion Joint Filler (Bituminous Fiber Type) ¼-inch thick, shall be installed on all curb, gutter, and sidewalk as specified below:

At beginnings and ends of all curb and sidewalk returns.

Adjacent to walls and buildings at locations where sidewalk is constructed over the full width between the curb and walls.

As an alternate to weakened plane joints.

At a maximum of twenty (20) feet spacing in the curb and gutter.

At any other location where required by the Engineer.

Provide expansion joints using premolded joint filler at concrete work abutting curbs, walks, and other fixed objects.

2. Locate expansion joints as indicated. When not indicated, provide joints at maximum 10'-0" on center for curbs and walks. Align joints in abutting curbs and walks.

Install joint fillers full-width and depth of joint. Recess top edge below finished where joint sealants are indicated.

4. Install joint fillers full-width and depth of joint. Provide top edge flush with adjacent finished surface.

Provide joint fillers in single lengths for the full slab width, whenever possible. Fasten joint filler sections together when multiple lengths are required.

C-33

6. Where intersecting joints occur, joint top edge and continue any spliced joints without deviation of form line or direction.

7. Protect the top edge of the joint filler during concrete placement. 303-7.1.1 General
The work done under this section is the removal of tree roots under the existing sidewalk, and curb and gutter to be replaced. All excavation, backfill and other earthwork incidental to performance of the work shall conform to the requirements of "Earthwork" Section 300.
303-7.1.1 Root Pruning.

Sidewalk areas which are to be repaired due to tree roots.

1. Cut tree roots along both side of sidewalk, and behind existing sidewalk to a minimum of 20-inches deep.

2. Tree roots will not be cut up to the base of the trunk.

3. All tree root cutting will be approved by the City's representative.

Root pruning equipment shall be specifically designed for this purpose, sharpened adequately to sever roots in a clean manner, and equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks.

All cuts shall be backfilled whether immediately upon completion of root pruning or upon completion of sidewalk and curb and gutter repairs and root barrier installation provided that adequate warning devices are placed and maintained at each location. Backfill material shall consist of dirt, Crushed Aggregate Base or crushed miscellaneous base.

The Contractor shall repair or replace sprinkler system and all utility service connections within the right-of-way which are damaged or removed as a result of SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION
306-1 - OPEN TRENCH OPERATIONS
306-1.2 Installation of Pipe
C-34
306-1.2.1.1 General
Bedding material shall be crushed aggregate ¾" sieve. Compaction shall be by

SIGNING AND STRIPING IMPROVEMENTS
A. STANDARD SPECIFICATIONS:

All materials and installation shall conform to the most recent version of the Caltrans Standard Plans and Specifications, and the most recent version of the California Manual on Uniform Traffic Control Devices (CA MUTCD), except as modified or supplemented B. DESCRIPTION OF WORK:

The work under this contract consists of the installation of striping and signing and all appurtenant work thereto necessary for the proper construction of the contemplated improvements, in accordance with the Plans and Specifications.

C. TRAFFIC STRIPES AND PAVEMENT MARKINGS:

Traffic stripes and pavement markings shall be in accordance with Caltrans Standard Specifications Section 84, except as modified or supplemented herein.

1. Theivise shown on the pakings, and acor shaki repain any cain emanings otherwise shown on the plans.
removed by construction under this contact.

2. The Contactor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.

3. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than ½ inch in 50 feet from the specified alignment.

4. When no previously applied figures, markings, or traffic striping are available to means satisfactory to the Engineer.

C-35

5. The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic.

6. The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint.

7. Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings.

Unless otherwise directed by the City, no street or section of street shall be left without the proper striping for more than 24 hours, or over weekends or holidays.

8. Paint for traffic striping, shall be rapid dry water base paint. Paint for crosswalks, stop bars, arrows other pavement legends and curb markings shall be ready-mixed rapid dry type.

9. Ready-mixed paints shall be suitable for use on either asphalt concrete or Portland cement concrete.

10. Paint shall be applied in two (2) coats. The second coat shall be applied in a time frame as directed by the City, but in no case shall it be applied less than seven (7) days from application of the first coat.

11. Installation of traffic stripes includes placement of raised pavement markers when called for on the plans.

12. Raised pavement markers shall conform to Section 85 "Pavement Markers."

13. Adhesive for raised pavement markers shall be per section 85-1.03, "Construction."
D. TRAFFIC SIGNS:

1. Traffic signs shall be new. All new and relocated signs shall be mounted on new posts with new hardware. Signs designated for installation on street light standards shall be mounted with new hardware.

C-36
Traffic signs shall comply with the retro-reflectivity requirements of the lates ersion of the CA MUTCD
Traffic sign dimensions, colors, and lettering shall conform to the latest version of the CA MUTCD. Traffic sign size shall be standard unless otherwise shown on the plans.

4. New sign posts shall be 12 Gage galvanized steel, perforated 4-sides, easy erect break-away base, "uni-strut" or approved equal. Signs shall be mounted at heights in compliance with the CA MUTCD.

5. Al Gily yed signs and posts in good condion shall be salvaged and delivered to C-37

APPENDIX D

CITY MAP AND LISTING OF ARTERIAL HIGHWAYS
Conte N
Oceal
Casalero Drive
NOW sin Novacelia
Pacio Island DrivePacific Island Avante
Highlands Tamaron
Proston Driyg Highlan
Laguna Woods Drive Woodhaven Drive 1 Morage
Runrling Deol
East Nine Drive Sean Drive MA Road
Bethany Cardiff Greens East Drive
Mandalay Westiff Salutause Avila
Niguel Aliso Cree
Roas
Blue Hbrizon Paseo-Dei Camp La Paz
SOng La Paz Road. vila:

City of Laguna Niguel Ridgeway Avenuad Estrella
Road Big Bend Drive Moulton Niguel
HilLWay Rancho Niguel Let Bajada- Country Lane Road
Bear Brand Road Shiges Crown Valley Vig Alfonso Moulion Parkway Marina fits Mana Hit On Plata Dist Manor Hil Road Daisyfield Drive Del Avion Beacon one Viet Barclay
Fairlane Road Las Arubas Via Luis
in Valley Parkway Rancho Grandd Rancho Niguel Roac Rosebud Way Monte Verdo Drive
Morning Dove indon Teeter Sleet
Golden Lantern Greentield
Saint Christophe! De Colinas
Cabot
Cabe
GIS peoy-ge Capistrano
Camino Capistrano
City of Laguna Niguel
Arterial Street List
No. Road From To _Length
CLUB HOUSE DR NIGUEL RD south peak dr 132
CLUB HOUSE DR south peak dr GLENN ABBY DR 2,107
CLUB HOUSE DR GLENN ABBY DR EAST NINE DR 1,526
CLUB HOUSE DR EAST NINE DR greens east dr 2,001
CLUB HOUSE DR greens east dr WESTGREEN DR 148
CLUB HOUSE DR WESTGREEN DR CROWN VALLEY PKWY 180
BEACON HILL WY NIGUEL RD BELLINGHAM PL 449
BEACON HILL WY BELLINGHAM PL CHAMPNEY PL 306
BEACON HILL WY CHAMPNEY PL PARKMAN RD W 264
BEACON HILL WY PARKMAN AD W SENTRY HILL 121
BEACON HILL WY SENTRY HILL PARKMAN RD E 803
BEACON HILL WY PARKMAN RD WE taywood ct 143
BEACON HILL WY taywood ct GOODWIN PL 459
BEACON HILL WY GOODWIN PL PONDERS END 644
BEACON HILL WY PONDERS END PHILLIPS CIR 116
BEACON HILL WY PHILLIPS CIR RUSSELL LN W 708
BEACON HILL WY RUSSELL LN W RUSSELL LN E 343
BEACON HILL WY RUSSELL LN E RIDGEWAY AVE 164
1222 BEACON HILL WY RIDGEWAY AVE dartmoor In 264
1223 BEACON HILL WY dartmoor In ST OF GOLDEN LANTERN 127 1224 CAMINO LOS PADRES ST OF GOLDEN LANTERN CITY BNDY 132 1225 NIGUEL RD ALICIA PKWY CAMBRIDGE CIR 2,915
1226 NIGUEL RD CAMBRIDGE CIR MICHELIS ST 1,600
1227 NIGUEL RD MICHELIS ST private st 1,589
1228 NIGUEL RD private st RUNNING DEER LN 1,051
1229 NIGUEL RD RUNNING DEERLN KENSINGTON DR 649
1230 NIGUEL RD KENSINGTON DR FELTON DR 797
1231 NIGUEL AD FELTON DR HIGHLANDS AV 523
1232 AVERY PKWY CAMINO CAPISTRANO CITY LIMIT 211
1233 GREENFIELD DR CHOWN VALLEY PKWY RANCHO NIGUEL AD 343 1234 GREENFIELD DR RANCHO NIGUEL RD CITY BNDY 861
1235 CAMINO CAPISTRANO S'LY CITY LIMIT AVERY PKWY 121
1236 CAMINO CAPISTRANO AVERY PKWY PASEO DE COLINAS 924
1 of 6 ArterialStreetList (2)
City of Laguna Niguel
Arterial Street List
Road From To _ Length
No.
1237 CAMINO CAPISTRANO PASEO DE COLINAS CROWN VALLEY PKWY 533 1238 CAMINO CAPISTRANO CROWN VALLEY PKWY N'LY CITY LIMIT 121 1239 HIGHLANDS AVE PACIFIC ISLAND DR HAPPY SPARROW LN 253 1240 HIGHLANDS AVE HAPPY SPARROW LN TAMARRON 1,380
1241 HIGHLANDS AVE TAMARRON BRAXTON DR 665
1242 HIGHLANDS AVE BRAXTON DR NIGUEL RD 253
|1243 HIGHLANDS AVE NIGUEL RD RIDGEVIEW DR 296
1244 HIGHLANDS AVE RIDGEVIEW DR TIERRE 2,455
1245 HIGHLANDS AVE TIERRE KENSINGTON DA 364
1246 HIGHLANDS AVE KENSINGTON DR ALFIERI ST 359
1247 HIGHLANDS AVE ALFIERI ST drakes bay 206
1248 HIGHLANDS AVE drakes bay DEAN ST 401
1249 HIGHLANDS AVE DEAN ST rockpoint 866
1250 HIGHLANDS-AVE rockpoint- pompano way 1,003
1251 HIGHLANDS AVE pompano way arjay 296
1252 HIGHLANDS AVE arjay sean dr 597
1253 HIGHLANDS AVE sean dr ALICIA PKWY 480
1254 PASEO DE COLINAS ST OF GOLDEN LANTERN rue cerise 766 1255 PASEO DE COLINAS rue cerise DEL CERRO 201
1256 PASEO DE COLINAS DEL CERRO LOMA LINDA 317
1257 PASEO DE COLINAS LOMA LINDA EL SUR 137
1258 PASEO DE COLINAS EL SUR CABOT RD 227
1259 PASEO DE COLINAS CABOT RD CHARREADAS 539
1260 PASEO DE COLINAS CHARREADAS STAR 148
1261 PASEO DE COLINAS STAR CAMINO CAPISTRANO S 334
1262 CABOT RD PASEO DE COLINAS VILLAMIRA 343
1263 CABOT RD VILLAMIRA CROWN VALLEY PKWY 539
1264 CABOT RD CROWN VALLEY PARKWAY RAPID FALLS/CITY BOUNDARY 380 1265 CABOT RD RAPID FALLS/CITY BOUNDARY CITY BOUNDARY 560 1266 MARINA HILLS DR NIGUEL RD NIGUEL RANCH DR 1,362
|1267 MARINA HILLS DR NIGUEL RANCH DR PARK VISTA W 158
1268 MARINA HILLS DA PARK VISTA W PARK VISTA E 607
1269 MARINA HILLS DR PARK VISTA E saint germain 528
2 of 6 ArterialStreetList (2)
City of Laguna Niguel
Arterial Street List
No. Road From To Length
1270 MARINA HILLS DR saint germain TESSIER ST 227
1271 MARINA HILLS DR TESSIER ST ST OF GOLDEN LANTERN 322 1272 NIGUEL RD CAMINO DEL AVION CHARLES RD 190
1273 NIGUEL RD CHARLES RD RIDGEWAY AVE 121
1274 NIGUEL RD N/B RIDGEWAY AVE BEACON HILL WY 797
1275 NIGUEL RD S/B RIDGEWAY AVE BEACON HILL WY 280
1276 NIGUEL RD BEACON HILL WY CLUB HOUSE DR 132
1277 NIGUEL RD CLUB HOUSE DR AUGUSTA DR 127
1278 NIGUEL RD AUGUSTA DR MARINA HILLS DR 364
1279 NIGUEL RD MARINA HILLS DR LOS ARBOLES DR 929
1280 NIGUEL RD LOS ARBOLES DR PASEO DEL CAMPO 692
1281 NIGUEL RD PASEO DEL CAMPO LA HERMOSA AVE 998
1282 NIGUEL RD LA HERMOSA AVE CROWN VALLEY PKWY 211
1283 NIGUEL RD CROWN VALLEY PKWY town center dr 502
1284 NIGUEL RD town center dr IVY GLEN DR 143
1285 NIGUEL RD IVY GLEN DR ALICIA PKWY 3,179
1286 ALISO CREEK RD LA PAZ RD CAMELLA CT 412
1287 ALISO CREEK RD CAMELLA CT HIBISCUS DR 639
1288 ALISO CREEK RD HIBISCUS DR NIGUEL HTS BLVD 153
1289 ALISO CREEK RD NIGUEL HTS. BLVD YOSEMITE RD 2,592
1290 ALISO CREEK RD YOSEMITE RD MOULTON PKWY 528
1291 LA PAZ RD CROWN VALLEY PKWY KINGS RD 1,199
1292 LA PAZ RD KINGS RD RANCHO NIGUEL RD 486
1293 LA PAZ RD RANCHO NIGUEL RD YOSEMITE RD 162
1294 LA PAZ RD YOSEMITE RD ALISO CREEK RD 164
1295 PACIFIC ISLAND DR CROWN VALLEY PKWY OCEAN WY 301
1296 PACIFIC ISLAND DR OCEAN WY casalero dr 164
1297 PACIFIC ISLAND DR casalero dr STARVIEW LN 264
1298 PACIFIC ISLAND DR STARVIEW LN TALAVERA DR 238
1299 PACIFIC ISLAND DR TALAVERA DR FLYING CLOUD DR 3,179 1300 PACIFIC ISLAND DR FLYING CLOUD DR LA BRISE 1.024
1301 PACIFIC ISLAND DR LA BRISE coronado pointe 480
1302 PACIFIC ISLAND DR coronado pointe BELLE MAISON 797 3 of 6 ArterialStreetList (2)
City of Laguna Niguel
Arterial Street List
No. Road From To _Length
1303 PACIFIC ISLAND DR BELLE MAISON CLUB HOUSE DR 201
1304 PACIFIC ISLAND DR CLUB HOUSE DR SONRISA LN 502
1305 PACIFIC ISLAND DR SONRISA LN HIGHLANDS AVE 375
1306 PACIFIC ISLAND DR HIGHLANDS AVE ALICIA PKWY 560
1307 CAMINO DEL AVION CROWN VALLEY PKWY south peak dr 1,399 1308 CAMINO DEL AVION SOUTH PEAK DR BARKENTINE BLVD 158 1309 CAMINO DEL AVION BARKENTINE BLVD NIGUEL RD 1,109
1310 CAMINO DEL AVION NIGUEL RD bear brand rd 322
1311 CAMINO DEL AVION bear brand rd ST OF GOLDEN LANTERN 618 CAMINO DEL AVION ST OF GOLDEN LANTERN pacific crest 153 CAMINO DEL AVION pacific crest old ranch rd 348
CAMINO DEL AVION old ranch rd CITY BNDY 148
PACIFIC PARK DA W/B ALICIA PKWY HEATHER RIDGE 238
PACIFIC-PARK-DR W/B -HEATHER RIDGE LA PAZ RD 153
PACIFIC PARK DR W/B LA PAZ RD ALISO NIGUEL 496
1318 PACIFIC PARK DR W/B ALISO NIGUEL CITY BNDY 216
1319 ALISO CREEK RD ALICIA PKWY DORINE RD 539
1320 ALISO CREEK RD DORINE RD LA PAZ AD 486
1321 LA PAZ RD ALISO CREEK RD SHELLEY RD 238
1322 LA PAZ RD SHELLEY RD ALLEGRA RD 164
1323 LA PAZ RD ALLEGRA RD AVILA RD 649
1324 LA PAZ RD AVILA RD Ave. Breve 174
1325 LA PAZ RD ave breve PACIFIC PARK DR 248
1326 ALICIA PKWY CROWN VALLEY PKWY TOWN CENTER DR 1,589 1327 ALICIA PKWY TOWN CENTER DR IVY GLEN DR 2,101
1328 ALICIA PKWY IVY GLEN DR NIGUEL RD 1,853
[1329 ALICIA PKWY NIGUEL RD sea bird wy 4,673
1330 ALICIA PKWY sea bird wy KITE HILL DR S. 1,061
|1331 ALICIA PKWY KITE HILL DR S. pelican wy 649
1332 ALICIA PKWY pelican wy CLIPPER WY 169
1333 ALICIA PKWY CLIPPER WY HIGHLANDS AV 787
1334 ALICIA PKWY HIGHLANDS AV KITE HILL DRN 422
1335 ALICIA PKWY KITE HILL DR N. awma 401
4 of 6 ArterialStreetList (2)
City of Laguna Niguel
Arterial Street List
No. Road From To Length
1336 ALICIA PKWY awma ALISO CREEK RD 935
1337 ALICIA PKWY ALISO CREEK RD EL LAZO 364
1338 ALICIA PKWY EL LAZO RD AVILA 433
1339 ALICIA PKWY AVILA PACIFIC PARK DR 950
1340 CROWN VALLEY PKWY PACIFIC ISLAND DR NATIONAL PARK DR 1,325 1341 CROWN VALLEY PKWY NATIONAL PARK DR west nine south 180 1342 CROWN VALLEY PKWY west nine south laguna woods 549 1343 CROWN VALLEY PKWY laguna woods CLUBHOUSE DR 1,790
1344 CROWN VALLEY PKWY CLUB HOUSE DR PASEO DEL NIGUEL 1,209 1345 CROWN VALLEY PKWY PASEO DEL NIGUEL VIA VALLE 317
1346 CROWN VALLEY PKWY VIA VALLE HILLHURST DR 153
1347 CROWN VALLEY PKWY HILLHURST DR ALICIA PKWY 265
1348 CROWN VALLEY PKWY ALICIA PKWY NIGUEL RD 364
1349 CROWN VALLEY PKWY NIGUEL RD CENTRAL PARK 227
1350 CROWN VALLEY PKWY CENTRAL PARK DR LA PLATA DR 824
1351 CROWN VALLEY PKWY LA PLATA DR LA PAZ RD 634
1352 CROWN VALLEY PKWY LA PAZ RD ADELANTO DR 1,123
1353 CROWN VALLEY PKWY ADELANTO DR NUEVA VISTA DR 1,589 1354 CROWN VALLEY PKWY NUEVA VISTA DR MOULTON PKWY 280
1355 CROWN VALLEY PKWY MOULTON PKWY glenrock dr 190
1356 CROWN VALLEY PKWY glenrock dr GREENFIELD DR 275
1357 CROWN VALLEY PKWY GREENFIELD DR arlington dr 153
1358 CROWN VALLEY PKWY arlington dr CABOT RD 232
1359 CROWN VALLEY PKWY CABOT RD FORBES RD 248
1360 CROWN VALLEY PKWY FORBES RD CITY BOUNDARY 517
1361 MOULTON PKWY CROWN VALLEY PKWY NUEVA VISTA DR 539
1362 MOULTON PKWY NUEVA VISTA DR RANCHO NIGUEL RD 1,800 1363 MOULTON PKWY RANCHO NIGUEL RD ALISO CREEK RD 216
1364 MOULTON PKWY ALISO CREEK RD STEFFY DR 206
1365 MOULTON PKWY STETFY DR MANDO DR 211
1366 MOULTON PKWY MANDO DR SILVER SPUR LN 158
1367 MOULTON PKWY SILVER SPUR LN AVILA RD 1,254
1368 MOULTON PKWY AVILA RD hyatt ct 174
5 of 6 ArterialStreetList (2)
City of Laguna Niguel
Arterial Street List
From To Length
No. Road
1369 MOULTON PKWY hyatt court ALISO NIGUEL 711
1370 MOULTON PKWY ALISO NIGUEL CITY BNDY 590
1371 ST OF GOLDEN LANTERN CAMINO DEL AVION via ladera 1,748 1372 ST OF GOLDEN LANTERN via ladera bear brand rd 185
1373 ST OF GOLDEN LANTERN bear brand rd BEACON HILL WY 723 1374 ST OF GOLDEN LANTERN BEACON HILL WY SARDINA 275
1375 ST OF GOLDEN LANTERN SARDINA DUNES 523
1376 ST OF GOLDEN LANTERN DUNES SAINT CHRISTOPHER N 201 1377 ST OF GOLDEN LANTERN SAINT CHRISTOPHER N CURACAO 486 1378 ST OF GOLDEN LANTERN CURACAO CHAPPAROSA PARK RD 750 1379 ST OF GOLDEN LANTERN CHAPPAROSA PARK RD SERENITY LN 502 1380 ST OF GOLDEN LANTERN SERENITY LN SWEET MEADOW 528
1381 ST OF GOLDEN LANTERN SWEET MEADOW MARINA HILLS DR 797 1382 ST-OF GOLDEN LANTERN -MARINA HILLS DR crystal cay s 528 1383 ST OF GOLDEN LANTERN crystal cay s crystal cay n 528 1384 ST OF GOLDEN LANTERN crystal cay n HIDDEN HILLS RD 797 1385 ST OF GOLDEN LANTERN HIDDEN HILLS RD DUCHESS ST 528 1386 ST OF GOLDEN LANTERN DUCHESS ST VIA DE ANZA 264
1387 ST OF GOLDEN LANTERN VIA DE ANZA ADELANTO DR 797
1388 ST OF GOLDEN LANTERN ADELANTO DR PASEO DE COLINAS 301 1389 ST OF GOLDEN LANTERN PASEO DE COLINAS PASEO ESUELA 301 1390 ST OF GOLDEN LANTERN PASEO ESUELA VIA PASADA 502
1391 ST OF GOLDEN LANTERN VIA PASADA MADRID RD 243
1392 ST OF GOLDEN LANTERN MADRID RD ALOMA AV S 143
1393 ST OF GOLDEN LANTERN ALOMA AV S ALOMA AV N 185
1394 ST OF GOLDEN LANTERN ALOMA AVN CROWN VALLEY PKWY 528 6 of 6 ArterialStreetList (2)

APPENDIX E

LAGUNA NIGUEL DECEMBER PARADE

ROAD CLOSURE PLANS

CROWN VALLEY PARKWAY
Crown Valley Porkmay

HOLIDAY PARADE

TRAFFIC CONTROL PLAN
2g

AST STREET

DELEMAY
(OTHER SIDE)

NOTE NOT TO SCALE

DETAIL A
ADVANCED WARNING SIGN (CMS) ^ 4 × 8' HARO SIGN
11/29/2017

HOLIDAY PARADE

OAT TITLE SHEET

TRAFFIC CONTROL PLAN PUBUS VONES DOMENONE

SIGN LEGEND
Match Line AA
C20 C30
R.L,CTR)
ROAD
CLOSED
RiT
Crown Valley Parkway
=2z2T2232 au!
• 1.

Match Line AA Pacific Island Drive
HOLIDAY PARADE CITY OF LAGUNA NIGUEL 1 = 40°
SHEET 1

TRAFFIC CONTROL PLAN PUBC ONE DO ADA
OF 5
Niguel Road
A
Crown Valley Parkway
Motch Line A
Match Line
SIGN LEGEND:

C20
(R,L,CTR)
• Peru ve
ROAD
CLOSED
R3-7L
HOLIDAY PARADE CITY OF LAGUNA NIGUEI 1- = 40° i
TRAFFIC CONTROL PLAN SHEET 2
OF 5
NOTES:

S/B LA PAZ FROM SOWA ENTRANCE to 1600' N/O SOCWA
INTERSECTION, INSTALL TAPER TO CLOSE LANE #1
222 LA PAZ ROAD INSTALL 1 ARROW BOARD WITHIN LIMITS OF CLOSURE IN NOTE 1

INSTALL SPECIAL EVENT FLAG E/O LA PAZ ON RANCHO NIGUEL

SPECIAL EVENT AHEAD FLAG S/O YOSEMITE ON LA PAZ
NO ACCESS TO CROWN VALLEY ON TYPE 2, 300' E & W OF LA

PAZ ON KINGS ROAD
To Crowni

SOCWA ENTRANCE
Valley Porkway SIGN LEGEND
W20-3 W12-1
ROAD

TURN LEA CLOSED
Kings Road
R3=Y R11-2

NOTE NO CHECK ME SEN
MOTE.. ALL ACH

MEL LITE
score ou

PLANS APPROVAL
CITY OF LAGUNA NIGUEL 1 = 10°

HOLIDAY PARADE
SHEET 30

TRAFFIC CONTROL PLAN PRUE FORES COATION
OF 5

LA PAZ ROAD
W20-3 W12- C30
ROAD
CLOSED

LA PAZ ROAD
MATCH LINE BD Niguel
Rancho
HOLIDAY PARADE CITY OF LAGUNA NIGUEL 1" a 40°
TRAFFIC CONTROL PLAN SHEET 36

POUC VONG DOWVINT
OF 5
SIGN LEGEND NOTES:

W/B CROWN VALLEY PARKWAY FROM GLENROCK DRIVE TO 100' E/0 "V CLOSURE AT MOULTON PARKWAY INSTALL TAPER CLOSE LANES 91 AND F2.

INSTALL TWO ARROW BOARDS WITHIN LIMITS OF CLOSURE IN NOTE 1.

CIN INSTALL SPECIAL EVENT AHEAD FLAG E/O CROWN VALLEY
PARKWAY/GLENROCK DRIVE INTERSECTION.

S/B TAPER ON MOULTON STARTS AT NUEVA VISTA BUS STOP
R3-2 C20 C30
(R.L,CTR)
ROAD
CLOSED
Moulton
Parkway
R3-18
Crown Valley Parkway Line
... .. Match
Match Line J
Crown Valley Parkway

PLANS APPROVAL
Match Line MA
CITY OF LAGUNA NIGUEL 1" = 40'

HOLIDAY PARADE
SHEET

TRAFFIC CONTROL PLAN PUDUE MORE DEPATIONT
OF 5
NOTES:

1. S/B MOULTON PARKWAY FROM CROWN VALLEY PARKWAY TO NUEVA MISTA 2 INSTALL ARRON BOARD THIN LIMITS OF CLOSURE IN NOTE TURN LANE) Nueva Vista Drive
Crown Valley
Parkway

SIGN LEGEND
C20 C30
(R.L,CTR)

9. ROAD
CLOSED
R11-2 PLANS AMPROVAL
C20 (BIKE)
CITY OF LAGUNA NIGUEL 1" = 40°

HOLIDAY PARADE
TRAFFIC CONTROL PLAN SHEET 5
OF 5

APPENDIX F

AGREEMENT FOR MAINTENANCE SERVICES
Citywide Street Maintenance Services
Error! Unknown document property name.

April 2021 Version

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
Citywide Street Maintenance Services
THIS AGREEMENT is made and entered into the [Date] day of [Month], 2023 "Effective Date") by and between the City of Laguna Niguel, a municipal corporation hereinafter the "City", and [Contractor], a - [capacity]_, 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 L )]Especify
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.

RECIIALS
A. The City requires street maintenance services].

B. The City circulated a Request for Proposals, Citywide Street Maintenance Services, on October 12, 2022, to solicit competitive proposals from contractors to complete these services.

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

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:

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 Street Maintenance Services (the "Project"). Contractor agrees to perform the services for City, in a manner satisfactory to City, as described in the Scope Error! Unknown document property name.

April 2021 Version
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 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.

Term. The Contractor shall commence providing the required services on July 1, 2023 and this Agreement shall continue in full force and effect until June 30, 2026, 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.

4. Payment.

A. 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 $xxxxx in Year One of the Agreement [include additional not-to-exceed amounts for future years].

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.

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 in Exhibit "B".

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.

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.

Error! Unknown document property name.

April 2021 Version
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.

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.

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, 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.

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.

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.

Error! Unknown document property name.

April 2021 Version
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.

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 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.

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.

Error! Unknown document property name.

April 2021 Version
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.

13. Liability Insurance.

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.

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.

Error! Unknown document property name.

April 2021 Version
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.
3) [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.

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 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 Error! Unknown document property name.

April 2021 Version
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 VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

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.

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 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.

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O. Pass Through Clause. Contractor agrees to ensure that its subcontractor (s) 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. 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.

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 Error! Unknown document property name.

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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.

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 Error! Unknown document property name.

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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.

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.

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.

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 Error! Unknown document property name.

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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."
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.

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 City, and submit the signed Certificate to the City prior to commencing work under this Contract.

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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. 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.

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.

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.

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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 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.

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.

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; (i) 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: Company Name
Attn: Name
Address: Business Mailing Address
City, State, Zip Code: City, State, Zip Code
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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.

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.

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Successors and Assigns. The terms and conditions of this Agreement Shall bE indina on the successors and assians of the parties to this Agreement 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.

I|I
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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:

Marissa Asistin,
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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APPENDIX G

FORMS TO BE SUBMITTED WITH PROPOSAL

1. Summary Sheet

2. Questionnaire: Firm Information

3. Questionnaire: Firm Experience

4. Questionnaire: Firm Personnel

5. Questionnaire: Support Facilities

6. Questionnaire: Company Financial Condition

7. Proposal Affidavit

8. Past Contract Disqualification/Terminations

9. Quality Control Plan

10. Subcontractors

11. List of Equipment Rental Rates

12. Statement of Ability to Meet Insurance Requirements

13. Worker's Compensation Insurance Certification

14. Verification and Execution

15. Noncollusion Declaration

16. Certification Accepting All Terms of the City's Agreement

17. Certificate of Proposal to the City of Laguna Niguel

18. Completed Contractor Proposal Form (Appendix B)
G- 1

SUMMARY SHEET
Firm Name:

Firm Parent or Ownership:

Firm Address:

Firm Telephone Number:

Firm Fax Number:_
Number of years in existence:

Management Contact (person responsible for direct contact with the City of Laguna Niguel and services required for this Request for Proposal):

Name: Title:

Telephone Number: Fax:

Email:

Project Manager (Person responsible for day-to-day servicing of the account):

Name: _Title:

Telephone Number: Fax:

Email:

Types of services provided by the firm:

G- 2
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? D CA CorpO 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: _
G-3

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.

ATTACH YOUR ORGANIZATION CHART TO THIS PAGE.

G- 4
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 qualified to perform 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
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 Entertainment Facility • Hospitality Facility Estate
• Government Facility • Industrial Facility
Reference for this project:

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

G- 5
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 Entertainment • Hospitality Facility
Estate 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 • Entertainment Facility • Hospitality Facility Estate
• Government Facility • Industrial Facility
Reference for this project:

Contact Person: Title:

Email: Contact No:

G- 6
Provide brief description of the work performed:

G- 7
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:

Project Manager
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

Field Supervisor
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

G- 8
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:

5. Provide photos of proposed equipment and vehicles for this project. Include year/make/model for each equipment and vehicle.

G- 9
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 DYes 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 form

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.

6. 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 principal(s) 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.

G- 10

PROPOSAL AFFIDAVIT
RFP for Citywide Street Maintenance Services
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 for 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 services for Citywide Street Maintenance Services

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

Signed Date
Company Name:

Address:

City, State, and Zip Code:

Telephone No.:

G- 11

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
G- 12

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

The quality control plan should include:

The means the Contractor will use for completing the project including a description of the procedures that will be taken to ensure all requested products are delivered with high-quality and within the time requested by the City's contract administrator.

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.

Methodology to enhance the administration of PW maintenance services.

6. Methodology to provide a more efficient and effective delivery of street maintenance services.

G- 13

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 contract:
"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:
3y being insured against liability to pay compensation in one or more insurers dul 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." G- 14

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:

G- 15

LIST OF EQUIPMENT RENTAL RATES
(If available, include your own sheets for all equipment rental rates, including but not limited to cranes, tractors, trucks, etc.)
Equipment Required Personnel Rates
G- 16
G- 17

STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS
1 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:

Ten Gral Sial and as an adio at nure rainy one ca
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 lamage of not less than One Million Dollars ($1.000.000). (Business Aut 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. Coverag nust be at least as broad as that which is required by the State o 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
G- 18
G- 19

CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION 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.

Name of Bidder
Signature
Name
Title
Dated
G- 20

VERIFICATION AND EXECUTION
These Bid Forms, including the Bid Schedule noted as Exhibit C, shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder
Signature
Name
Title
Dated
G- 21

NONCOLLUSION DECLARATION
The undersigned declares:
1 am the of _ the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid.

The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bia depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration 1 is executed on _[date], at [city]. [state].

Name of Bidder
Signature
Name
Title
Dated
G- 22

CERTIFICATION ACCEPTING ALL TERMS

OF THE CITY'S AGREEMENT
By the act of submitting a Proposal in response to this RFP, the Contractor certifies that:

The Contractor accepts all of the terms of the City's Agreement and warrants that Contractor will fully meet all of the insurance requirements contained therein. If the Contractor wishes to amend or modify any terms of the Agreement, such amendment or modification must be stated in particularity in the Proposal. Proposed changes to the Agreement not stated at the time of proposal submission will not be considered. Changes stated will be considered but may not be agreed upon by the City for contract award. If the City does not agree with such noted changes, the Contractor may withdraw the proposed change, or the entire proposal and the City may elect to award the contract to the Contractor with the next highest value bid.

Name of Bidder
Signature
Name
Title
Dated
G- 23

CERTIFICATION OF PROPOSAL

TO THE CITY OF LAGUNA NIGUEL
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP) for Street Maintenance Services, dated , and to be bound by the terms and conditions of the RFP.

2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.

It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated

5. This firm has carefully read and fully understands all of the items contained in Section 7, General Requirements. This firm agrees to all of the general requirements except for those disclosed by the firm in project proposal, listed on an attachment.

6. The proposal shall be valid for 180 days from date below.

Name of Firm:

By:_
(Authorized Signature)
Type Name:

Title:

Date:_
G- 24

ATTACHMENT B
RFP Evaluation Summary
City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
(949) 362-4337 - www.cityoflagunaniguel.org/pw
REP Name: Citywide Streets Maintenance Services RFP 2022 RFP Issue Date: October 12, 2022
RFP Due Date: November 30, 2022
No. of Bidders: 4
Bid Summary
Bidder Name Bid Amount Evaluation Average Evaluation Ranking MCE, Corporation $2,518,209 96 1
Charles Abbot Assoc., Inc. $4,283,709 91 2
TerraCare Assoc. $2,580,085 62 3
Gentry General Engineering $8,084,090 52 4

ATTACHMENT C
Maintenance Services Agreement with
MCE Corporation for Citywide Streets Maintenance Services

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE STREETS MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into the ("Effective Date") by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and MCE Corporation, a California Corporation, 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 439295 A,B,C-8,C-12, C-27; Contractor's DIR registration number is 1000001789. 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.

RECIIALS:

A. The City requires Citywide Streets Maintenance Services.

The City circulated a Request for Proposals, Citywide Streets Maintenance Services, on October 12, 2022 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 Citywide Streets Maintenance Services (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 and Exhibit "A", the terms of this Agreement shall control. -1-

2. 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.

Term. The Contractor shall commence providing the required services on July 1, 2023 and this Agreement shall continue in full force and effect until June 30, 2026, 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.

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 "B" (Schedule of Compensation; Method of Payment) for $2,518,209 in Year One of the Agreement and for Fiscal Years 2024-25 and 2025-26, subject to extension administratively for two additional one-year periods;
A 10% contingency of the total contract in the amount of $251,821 per year for unforeseen work/emergency response and authorize the Public Works Director/City Engineer to approve additional work for a total not-to-exceed amount of $2,770,030 per year.

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.

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 in Exhibit "B"

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.

Licenses, Permits. Should any of Contractors' licenses, permits or other approvals lapse, be suspended or otherwise no longer be in effect, Contractor shall -2-
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.

Legal Responsibilities.

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.

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. -3-
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 Proiect 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 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.
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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.

13. Liability Insurance.

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.

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 -5-
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.
3) 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.

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 VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
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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 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 -7-
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. 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.

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 -8-
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.

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 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.

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 -9-
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.

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."
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 -10-
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 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 "C" 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. -11-
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 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.

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.

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.
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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 (i) 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; (i) 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: MCE, Corp
Attn: Jeff Core
Address: 4000 Industrial Way
City, State, Zip Code: Concord, Ca. 94520

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 - 13-
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.

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, (ii) 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.
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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:

Marissa Asistin,
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONTRACTOR"
MCE Corporation
By:

Print Name:

Title:

By:

Print Name:

Title:
-15-
EXHIBIT "A"

SCOPE OF SERVICES
A-1
MCE

QUALITY CONTROL PLAN
MCE has and will continue to strive to complete projects within a timely manner. This will include the following steps.
• Determine the expected or preferred due date on specific work orders received, or if not a formal work order, then ask person requesting work when it needs to be complete. This will give MCE the needed information to properly schedule the work. If it an urgent request, then MCE will do everything it can to meet the requested time frame.
• Nearly every request for work done in the field is reviewed by the Supervisor or Foreman. Both are experienced in providing service to Laguna Niguel and understand the need to get things right the first time.

However, problems or mistakes or errors will happen. Our process for correcting any problems are as follows.
• Own it.If it our mistake, admit it. No one is perfect and mistakes will occur. What is most important is what happens next
• Fix the problem as soon as possible. Communicate back to the City person that initiated the request of the plan to fix it and when.
• Notify that same person when it is completed.
• Use that same error or mistake as a teaching moment with the entire crew so everyone is aware and the mistake is not repeated.

MCE is aware of the entire scope of the project. We have been performing every component of the scope of work for the the City of Laguna Niguel for the past 4.5 years.

In addition to that, MCE has been performing similar work for other municipalities for nearly 40 years and currently holds several street maintenance contracts in California.

While MCE hopes that there will never be a complaint from the public or damage as a result of an MCE operation, a mistake will occur at some point. Fortunately, complaints have been rare in our 4.5 years in Laguna Niguel. Complaints will be handled in much the same way problems or errors will be handled.
• Investigate the complaint.
• Own the mistake or complaint.
• Rectify the complaint or damage as quickly as possible. • Notify the person that the damage has been repaired
• Use that moment as a teaching tool for the entire crew.

MCE has brought reliability, promptness and a partnering attitude to our relationship with the Public Works Administration. We believe it to a solid working environment for both parties. However, improvement can always be made. If awarded the next contract MCE would assist the city in quantifying the work and measuring accomplishments. This would incude the following;
• Provide, at no cost to the City, a comprehensive inventory of all striping and marking, as shown in the daily work sheets by Orange County Striping. This would be in an excel spreadsheet showing quantity and type of striping or marking by street and in total. This would help the city better manage striping and marking efforts. MCE would commit, if awarded, to do this before the end of the current fiscal year.
• With the partnership that MCE has with Salesforce, MCE is able to manage our data in many different ways. MCE has spent hundreds of thousands of dollars in the last two years developing a dynamic and useful tool for our clients which we are now ready to use. MCE could provide baseline annual quantities of work performed. This is valuable in developing better and more realistic budgets and educating decision makers and the public on what the Public Works Administration is accomplishing.

Our methodology to provide a better and more efficent delivery of service is to expand what we are doing while continuing to provide quality serivce. MCE believes our service to be efficient, however improvement can always be made. Some of these include. • Creation of a foreman position. This is done to help provide even more oversight while retaining a valuable asset in our current leadman, Alex Nambo. • Provide additional outside asphalt and concrete training to our Supervisor and Foreman.
• Geo tracking of work. Our Salesforce system is capable of this and it may be beneficial to the City to plot certain work on a GIS system. • Continue to utilize our 12 other cities for innovations or improved work methods that can be implemented in Laguna Niguel. MCE has two roundtables per year in which we bring all of our Supervisors together to discuss issues and successes in their projects for the entire group. In addition, The three Area Managers meet monthly and bring useful information back to their cities. Sharing information among our more than 140 employees engaged in public works maintenacne is one of our greatest tools and assets.

EXHIBIT "B"
COMPENSATION and FEE SCHEDULE
C-1

CITYWIDE STREET MAINTENANCE SERVICES

CONTRACTOR PRICING FORM
Estimated quantities are for one year and include all costs including labor, materials, equipment, markups and profit. Total cost shall be calculated for one year.

Item Unit Unit
Description Frequency Quantity Cost
# Price
1 Contract Administration Daily Lump Sum Lump S48,650.00 $48,650.00 Sum
General Labor - 1 Person As 200 Hourly
2 $78.39 $15,678.00
Crew, normal work hours Requested
General Labor - 1 Person
As
3 Crew, outside normal work Requested 50 Hourly $127.63 $6,381.50 hours
General Labor - 2 Person
4 Daily 6,000 Hourly $109.72 $658,339.48
Grew, normal work hours
General Labor - 2 Person
As Hourly
5 Crew, outside normal work 200 $166.12 $33,224.00
Requested
hours
Road Maintenance
6 Supervisor, normal work Daily 2,000 Hourly $78.61 $157,220.00 hours
Road Maintenance
As 80
7 Supervisor, outside normal Hourly $126.69 $10,134.80
Requested
work hours
Engineering Support As 20 Hourly $212.40
8 Requested $4,248.00
As 20 Hourly
9 Tree Pruning and Removal Requested $210.57 $4,211.40
Spray Pre-emergent
10 Herbicide (Roadway 2/year 100 Acre $512.58 $51,258.00 Shoulder)
11 Spray Post-emergent 2/year 200 Mile $72.36 $14,472.00 Herbicide (Curb and Gutter)
12 Remove and Replace 2" AC As 25,000 SF $8.88
Requested $222,000.00
13 Remove and replace 4" AC As SF $13.80 $345,000.00
Requested 25,000
B-3
Item Unit
Description Frequency Quantity Unit Cost
# Price
AC Crack Repair Cleaning & As
14 10,000 LF $1.80 $18,000.00
Filling Requested
15 Cold Patch of AC Pavement - As
Temporary Requested 2,000 SF $17.91 $35,820.00
Cold Patch of AC Pavement- As
16 Permanent Requested 2,000 SF $19.39 $38,770.83
Remove and replace 4-inch As
17 5,000 SF $21.59 $107,950.00
sidewalk Requested
Remove and replace curb As
18 500 LF $71.00 $35,500.00
and gutter Requested
Remove and replace drive As
19 3,000 SF $22.00 $66,000.00
approach Requested
Remove and replace ADA As
20 5 Each $6,500.00 $32,500.00
access ramp Requested
As
21 Sidewalk Grinding 1,000 LF $32.38 $32,383.70
Requested
As $125.76 $6,288.00
22 AC Sidewalk Ramping 50 Each
Requested
As
23 4" White Striping 422,000 LF $0.15 $63,300.00
Requested
24 4" Yellow Striping Annually 422,000 LF $0.15 $63,300.00 25 As 7,200 LF $1.50 $10,800.00
Stop Bars and Chevrons Requested
26 Annually LF
White or Yellow Crosswalks 33,000 $1.25 $41,250.00
Requested
White or Yellow Standard 620
27 Annually Each $12.00 $7,440.00
Legends
28 Ladder Crosswalks Annually 5,410 LF $1.25 $6,762.50
29 Removal of Markings or As 300 SF
Striping Requested $8.83 $2,649.00
30 Curb Paint Annually 24,000 LF $1.43 $34,320.00
31 Roadway Pavement Markers As 1,000 Each $20.04 $20,040.00 Requested
32 Sign Post Installation and As 100 Each
Requested $264.79 $26,479.00
Replacement
B-4
Item | Unit
Description Frequency Quantity Unit Cost
# Price
Supply Standard Traffic Sign As
33 40 Each $176.99 $7,079.60
for Installation Requested
Supply Custom Traffic Sign As $216.44 $5,411.00
34 For Installation Requested 25 Each
35 Nighttime Sign Reflectivity Annually 1 Each
Survey $11,078.80 $11,078.80
As
36 Guardrail Repair Requested 100 LF $230.97 $23,097.00 City Events Support As
37 Requested 40 Hourly $803.96 $32,158.40
(normal work hours)
City Events Support As
38 Requested 20 Hourly $420.13 $8,402.60
(outside normal work hours)
Nighttime Streetlight Outage 4/year Lump
39 1 | $7,784.24 $7,784.24
Surveys sum
As 100 $43.69 $4,369.00
40 Drain Stencil Each
Requested
41 Manual Inspection and Annually 1,200 Each
Cleaning Catch Basins $40.00 $48,000.00
42 Clean ARS and CPS Units Annually 250 Each $28.34 $7,085.00 43 Annually 100 Each $50.14 $5,014.00
Clean Dissipaters
Removal of Paint or Material As
44 20 Hourly $207.61 $4,152.20
Spills Requested
Graffiti Removal & Pressuring As
45 Requested 40 Hourly | $200.25 $8,010.00
Washing
As
46 Storm Patrol and Response Requested Budget T&M $20,000 As Budget T&M
47 Emergency Repairs Requested $20,000
As T&M $40,000
48 Extra Work Requested Budget
Rental Equipment and As T&M
49 Materials Requested Budget $40,000
Furnish Temporary Traffic Annually Lump $8,850.00 $8,850.00 50 Control Devices 1 sum
Total Fee: $ 2,518,209.15
B-5
NOTE: The estimated annual quantities included in these Pricing Form pages are supplied to give an indication of the general scope of the services but the accuracy of these figures is not guaranteed and are not, in any event, an obligation of the City to offer or supply. All unit prices shall remain unchanged for three years. Thereafter, upon renewal of Agreement at the City's discretion, charges may by adjusted based upon the Los Angeles/Orange county Consumer Price Index for the lagging 12 months as of the April report, to be effective July 1st. The City shall solely determine if a fee change will be approved. In no event, shall a fee adjustment exceed 5% in any one year and all fee adjustments are subject to the City Budget approval.

The City at any time may require Contractor to competitively bid an item listed on the pricing form from a minimum of three different firms.

CONTRACTOR PRICING FORM
TOTAL FEE PROSAL PER YEAR: $2,518,209.15
TOTAL FEE PROPOSAL PER YEAR IN WORDS: Two Million Five Hundred Eighteen Thousand Two Hundred Nine and 1 5/100
SUBMITTED BY CONTRACTOR: MCE Corporation
NAME: Jeffrey Core TITLE: President & CEO
SIGNATURE: DAA = DATE: November 30, 2022
B-6
MCE CITY OF LAGUNA NIGUEL PROPOSED RATES-FY 23/24 TO FY 26/26 Regular Overtime Sun & Hol.

Rate/HR Rate/HR Rate/HR

MCE MAINTENANCE CREW
Principal in Charge No Cost No Cost No Cost
Supervisor $66.70 $100.05 $133.40
Foreperson $49.45 $ 74.18 $ 98.90
Lead Person $43.70 $ 65.55 $ 87.40
Crew Leader $37.95 $ 56.93 $ 75.90
Laborer $34.50 $ 51.75 $ 69.00

MCE - TRADE PREVAILING WAGES
Traffic Control Person $106.15 $138.44 $138.44
Sign Repair Worker $ 99.21 $128.01 $156.82
Paint-Graffiti Removal $ 81.21 $107.77 $134.34
Striping/Marking Applicator $106.15 $138.44 $138.44
Striping/Marking Painter-Curb $ 83.42 $108.46 $133.50
Pavement Marker Laborer $103.76 $134.85 $165.92
Construction Laborer $ 98.57 $125.55 $152.52
Asphalt Seal Coat/Crack Filler $100.99 $130.69 $160.39
Cement Mason $101.06 $129.94 - $158:81
Fence Builder-Carpenter $100.00 $129.66 $159.32
Backhoe Operator $131.42 $170.47 $209.51
Skip Loader Operator- $131.27 $170.24 $209.21
Carpenter $107.14 $139.69 $172.23
Tree Maintenance-Sr. Trimmer $ 47.00 $ 64.43 $ 81.85
Tree Maintenance- Trimmer $ 43.79 $ 59.76 $ 75.72
If additional prevailing wage trades are required they will be charged at current basic hourly wage and fringe benefits as determined by the Department of Industrial Relations.

MCE - MAINTENANCE CREW EQUIPMENT
Pick Up $12.00 Chain Saw $ 3.28
Utility Bed $13.00 Weed Mower $ 4.91
Flatbed Dump $14.00 Vibra Plate $ 7.50
String Line Trimmer $ 2.18 Jack Hammer $ 5.00
Backpack Blower $ 2.18 Trash Pump $ 3.00
Backpack Blower-Elect $ 2.50 Generator $ 3.00
Trailer $ 2.50 Compressor $ 3.00
All other equipment to be rented as needed or operated by Hardy and Harper Subcontractor Mark Up - 15%
Materials and Rental Equipment Mark Up - 10%
EXHIBIT "C"

FORM OF PAYMENT BOND
Form of Payment Bond (Labor and Materials)
C-2
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 ("Principal") "Contract")
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 C-3
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 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 representative(s) 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.

C-4