Laguna Niguel City Council
September 19, 2023

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: September 19, 2023
SUBJECT: Award of Maintenance Services Agreements for Pool Maintenance and Repair Services to Knorr Systems Int'l., LLC and Waterline Technologies, InG.

RECOMMENDATION
Staff recommends that the City Council:

1. Award the Maintenance Services Agreement for Pool Maintenance and Repair Services to Knorr Systems Int'l., LLC, and Waterline Technologies, Inc. in the not- to-exceed amount of $75,000 per year for Fiscal Years 2023-24 through 2025-26 for each vendor, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency per year of the contract in the amount of $15,000 per vendor for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with Knorr Systems Int'l., LLC, and Waterline Technologies, Inc. for a total not-to-exceed amount of $90,000 per year per vendor, if needed; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Knorr Systems Int'l., LLC, and Waterline Technologies, Inc. subject to the City Attorney making non-substantive changes.

BACKGROUND
The City of Laguna Niguel owns and maintains the Competition Pool, Fit Pool, Splash Pad, and Spa located at Crown Valley Park. To properly maintain and keep the pools and equipment in excellent working order, the City requires pool service professionals that specialize in scheduled pool maintenance, equipment maintenance, and repair work on an as-needed basis. In support of City Council Goal 1 (Public Safety) and Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan, the Public Works Department relies on pool experts to provide specialized maintenance and repair services that meet health and environmental regulations. The City's current pool maintenance services agreement is set to expire on September 30, 2023.

ANALYSIS
In anticipation of the September 30, 2023 pool maintenance services agreement expiration, staff published a Request for Proposals (RFP) in June 2023, to identify the most qualified pool service professionals that specialize in scheduled pool and equipment maintenance and as-needed repair work. The goal of the RFP was to award contracts to qualified contractors that are able to adequately cover the City's needs and respond to requests quickly and efficiently.

The RFP for Pool Maintenance and Repair Services required bidders to provide pricing for monthly, quarterly, bi-annual, and annual scheduled pool and equipment maintenance and rates for repair work on an as-needed or emergency basis. The proposal rates and preventative maintenance costs include all labor, tools, materials, and equipment necessary to provide these services.

In response to the RFP, two proposals were received. The proposals received were evaluated based on the following criteria: (1) Cost Breakdown; (2) Completeness of the Proposal; (3) Experience; (4) Quality of Goods; and (5) Proposer's Financial Stability. The Proposal Evaluation Summary is attached as Attachment "B". The table below summarizes the proposers, ranking, and costs.

Evaluation Standard
Contractor
Ranking Hourly Rate
Knorr Systems Int'l., LLC 1 $188
(Recommended)
Waterline Technologies, Inc. 2 $185
(Recommended)
Pursuant to Laguna Niguel Municipal Code Section 3-6-9, maintenance contracts with an estimated cost of $50,000 or more must be awarded based on the responsiveness of the submitted proposals to the RFP , the qualifications and experience of the contractors, and cost. Due to the distinct capabilities of each company, and the need for redundancy in services staff recommends selecting each contractor to best provide pool maintenance and repair services. Knorr Systems Int'l., LLC has exclusive access to City selected pool equipment and hardware with professional staff for equipment problem diagnosis, maintenance, and installation. Waterline Technologies, Inc. specializes and excels in the supplying of pool maintenance chemicals and has previously provided the City with outstanding service.

Staff recommends that the City Council award Maintenance Services Agreements to both Knorr Systems Int'l., LLC and Waterline Technologies, Inc. in the not-to-exceed amount of $75,000 per year, per agreement, for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods. In addition, each agreement will include a not-to-exceed 20% contingency of the contract in the amount of $15,000 per year for additional work for a total not-to-exceed amount of $90,000 per year with each contractor (Attachments "C" and "D").

ALTERNATIVES CONSIDERED

1. The City Council may direct staff to reject all proposals and rebid the RFP for pool maintenance and repair services. Staff believes that rebidding the RFP will not result in more desirable bids.

2. The City Council may decide not to award one of the contracts for pool maintenance and repair services. This alternative is not recommended because the City would not have redundancy in services, potentially resulting in delayed pool maintenance and repairs.

3. The City Council may decide not to award either contract for pool maintenance and repair services. This alternative is not recommended because the City's existing pool maintenance services agreement expires on September 30, 2023, and the City would not have a contract with any pool service experts to meet health and environmental regulations for City-owned aquatics facilities.

FISCAL REVIEW
The Fiscal Year 2023-24 Public Works Department budget includes sufficient funds for the pool maintenance and repair services to be provided by Knor Systems Int'l., LLC and Waterline Technologies, Inc. Subject to City Council approval, funding for future pool maintenance and repair services will be budgeted in subsequent fiscal years.

LEGAL REVIEW
The City Attorney's Office has reviewed the Maintenance Service Agreements and has approved both documents as to form.

CONCLUSION
Staff recommends that the City Council:

1. Award the Maintenance Services Agreement for Pool Maintenance and Repair Services to Knorr Systems Int'l., LLC, and Waterline Technologies, Inc. in the not- to-exceed amount of $75,000 per year for Fiscal Years 2023-24 through 2025-26 for each vendor, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency per year of the contract in the amount of $15,000 per vendor for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with Knorr Systems Int'l., LLC, and Waterline Technologies, Inc. for a total not-to-exceed amount of $90,000 per year per vendor, if needed; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Knorr Systems Int'l., LLC, and Waterline Technologies, Inc. subject to the City Attorney making non-substantive changes.

Samard Setonsean Pero
Tamara S. Letourneau
City Manager Public Works Director/City Engineer
Scott trame
Scott Frame Jay Sarrami
Acting Maintenance Services Manager Building & Facilities Maintenance Supervisor
Attachments:

A. RFP for Pool Maintenance and Repair Services
B. Proposal Evaluation Summary
C. Maintenance Services Agreement with Knor Systems Int'l., LLC, D. Maintenance Services Agreement with Waterline Technologies, Inc.

ATTACHMENT A
RFP for Pool Maintenance and Repair Services

SEA COUNTR
1989

CITY OF LAGUNA NIGUEL

REQUEST FOR PROPOSALS

POOL MAINTENANCE AND REPAIR SERVICES
Proposals must be received by:

Due Date: July 27, 2023
At 5:00 P.M.

TABLE OF CONTENTS
INSTRUCTIONS TO PROPOSERS.... 4
EXHIBIT A - SCOPE OF SERVICES .. 12
INTRODUCTION 12
QUALIFICATION 12
DESCRIPTION OF SERVICE 12
SCOPE OF WORK Error! Bookmark not defined.13
PERFORMANCE STANDARDS ... 19
DEFICIENT IN PEFORMANCE 20
CONTRACT TERM 20
NINETY CALENDAR DAYS EXTENSION OPTION.

REDUCTION

BARRIERS

EQUIPMENT, MATERIALS AND VEHICLES

VECHILE
VEHICLES LOGO..

EQUIPMENT NOISE

WATER USAGE

DAMAGES
LABOR

LABOR CODE

PREVAILING WAGE

TRAVEL AND SUBSISTENCE PAYMENTS

WORKER'S COMPENSATION
FAIR EMPLOYEMENT PRACTICES.

RECORDS

PERSONNEL

SUPERVISOR

GENERAL EMPLOYEE GUIDELINES

BACKGROUND

CONDUCT
HEALTH

MINIMUM MANPOWER

BACKUP STAFF

REPLACING KEY PERSONNEL

NON-DISCRIMINATION

REMOVAL OF ITEMS

TRAINING
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

RESPONSIBILITIES OF THE CONTRACTOR 26

LICENSES/PERMITS

CONTRACTOR'S OFFICE/FACILITIES

INSURANCE
SAFETY.

PROTECTION AND RESTORATION
UNIFORMS AND APPEARANCE...

GENERAL ENVIRONMENTAL REQUIREMENTS.

WATER CONSERVATION.

WATER POLLUTION
PAYMENT..

AUTHORIZTION TO PERFORM SERVICES..

INVOICING

RFP INQUIRY FORM

RESPONSES TO SCOPE OF SERVICES

PROPOSAL FORM
PROPOSAL FEE SHEET: LABOR

SUBCONTRACTORS
QUESTIONNAIRE: FIRM INFORMATION
QUESTIONNAIRE: FIRM EXPERIENCE
QUESTIONNAIRE: FIRM PERSONNEL.

QUESTIONNAIRE: EQUIPMENT
QUALITY CONTROL PLAN.

QUESTIONNAIRE: SUPPORT FACILITIES
QUESTIONNAIRE: COMPANY FINANICAL CONDITION

PROPOSAL AFFIDAVIT
PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS ....

STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS.

WORKERS' COMPENSATION INSURANCE CERTIFICATE
SAMPLE MAINTENANCE SERVICES AGREEMENT.. 1
ity of Laguna Niguel - Public Works Departmen
ool Maintenance and Repair Service

INSTRUCTIONS TO PROPOSERS

1. Purpose. The City of Laguna Niguel ("City") is seeking proposals for qualified firms to provide maintenance and repair services for the City of Laguna Niguel Swimming Pools, Spa and Spray ground as described in the Exhibit A - Scope of Services.

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

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

3. California Department of Industrial Relations (DIR) Requirements.

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

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

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 City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

Availability of the RFP Document. The RFP document is available on City's electronic procurement system (PlanetBids). The City is not responsible for the accuracy or completeness of RFP documents obtained from any source other than the City's electronic procurement system (PlanetBids).

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

Milestone Tentative Target Dates
City Release of RFP 06/20/2023
Pre-Bid Meeting & Job Walk
07/05/2023 at 10.00am at
Crown Valley Community Center Crown Valley Community
29751 Crown Valley Parkway Center
Laguna Niguel, CA 96277
*meet at the flagpole
Final Questions Due No Later than 5:00 P.M.
*Must use Attachment X - RFP Inquiry Form 07/12/2023
Addendum Issuance 5:00 P.M.
07/19/2023
Proposal Due
Pool Maintenance and Repair Services 5:00 P.M.

Proposals shall be submitted through the PlanetBids. 07/27/2023 (City's electronic procurement system)
Notification of Selection 08/08/2023
Tentative Contract Approval by City Council 09/05/2023
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

9. RFP Questions and Inquires. Questions and Inquires must be presented on the RFP Inquiry Form (enclosed herein) and emailed to project manager and are due as noted in the table above.

10. 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 the PlanetBids and the City's posting of Addenda on this webpage is deemed as the City's distribution of Addenda.

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

11. Mandatory Job Walk.

The City shall conduct a Site Visit. The date and location of the site visit is listed in above in the RFP Schedule.

The intent of the site visit is to:

A. Review the Project Location. This may be the only opportunity for the proposers to visit the project location. Each proposer should limit representation at the site visit to no more than two (2) persons.

B. The Contractor Representative shall sign-in and sign-out on the Mandatory Sign-in Sheet. A Proposal submitted by a Contractor whose representative(s) did not attend the entirety of the Mandatory Job Walk will be rejected by the City as being non-responsive
C. Reserve all questions to be submitted on the RFP Inquiry Form.

12. Submittal of Proposals.

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

of the forms provided by the City, may be rejected as nonresponsive.

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

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

B. No FAX submittals will be accepted
C. See the Responses to Scope of Services for the checklist and organization of the proposal submittals.

13. Review and Selection Process. The best value bid will be determined by the City from a thorough evaluation of all factors. At the City's discretion, companies submitting proposals may be asked to interview with City Staff to clarify work plans and to ensure the contractor has a complete understanding of City expectations.

EVALUATION CRITERIA POINTS
Cost to the City.

This portion of the proposal will be evaluated based on reasonableness of the proposed costs. Costs will be evaluated on costs the City or other 35 comparable public agencies have paid for similar services, and in accordance with what is to be considered with the industry's standard and customary costs for the Services.

Completeness of the proposal:
• Answer all questions and complete all forms as provided in this RFP. 15
• Submit in an organized fashion as required under Response to the Scope of Service.

Qualifications & Experience
• Firm Experience & Performance*
• Firm Personnel 30
• References
Quality of Goods and Support Facilities
• Equipment 15
• Support Facilities
Proposer's financial stability. 5
In order to allow staff to accurately and fairly evaluate the proposal, the attached questionnaire must be completed and returned with the proposal package. Failure to submit this questionnaire in its entirety will disqualify your proposal.

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

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

14. 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. Five (5%) Percent of the Contractor's total ranking score will be added to the Contractors ranking score, if the local preference status is met.

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

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

16. 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.

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

18. 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.

19. 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.

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

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

20. Withdrawal of Proposals. Contractors 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.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

21. 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.

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

23. 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.

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

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

25. 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. A sample of the Insurance Certificate is provided for reference.

26. 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
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

B. Submitting its proposal to the City of Laguna Niguel Any other expenses incurred by Contractor prior to date of award

27. 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.

28. Non-Conforming Proposal. A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any Iteration, omission, addition, variance, or limitation ot, trom or to a proposal ma e sufficient arounds for non-acceptance of the proposal, at the sole discretion o the City.

29. 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; (ii) all proposals are rejected; or (iii) the procurement process is terminated.

END OF INSTRUCTIONS TO PROPOSERS
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

EXHIBIT A - SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel is seeking an experienced firm/company to provide pool maintenance and repair services of City Swimming pools, Spa and Spray ground at Crown Valley Community Center.

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

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• Minimum of ten (10) full years of experiences similar work • Work experience with Cities, Counties, local government agencies • Contract services amount greater than $25,000 annually

SERVICES TO BE PROVIDED
Crown Valley Park Community Center
29571 Crown Valley Parkway
Laguna Niguel, CA 92677

DESCRIPTION OF SERVICE
The maintenance and all repairs shall be provided in accordance with the highest standards of professionalism, skill, workmanship, applicable trade practices, and meet warranties.

The contractor shall perform monthly, quarterly, bi-annual and annual maintenance and as-needed repair services at the Swimming Pools, Spa and Spray ground. Dates will be determined by City staff. Equipment at the pool heaters consist of one 40hp motor with pump, two 7.5hp motor with pumps, one 5hp motor with pump, one 1hp motor with pump, and 11 high-rate sand filters with all its parts. There are a total of three pool heaters, two Lochinvar and one Master Temp 400HD.

The work to be performed shall be consistent of labor, materials, and equipment needed for the City's Swimming pools, Spa and Spray ground, including all its motors, pumps, filters, heaters, City's tube-n-shell heat exchanger system and all its parts, chemical feed pumps, valves and piping varying from 1" to 10" ". The contractor must notify the city if, at any given point, repairs need to be made to the equipment listed above.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Throughout this contract, the City will have projects that are scheduled and pre-arranged, but they may also have occasional, unanticipated request needing immediate attention.

The awarded Contractor shall comply with all the applicable provisions of the Local, State, and Federal laws including required Professional Certifications. Work will be requested on a task basis by a City Department Representative to one of the selected Contractors at the time work is required.

SCOPE OF WORK
1- Monthly Preventive Maintenance Services:

Competition Pool, Fit Pool (BECSys5)
• Test operation of the safety flow switch
• Clean sensors
• One-point controller calibration as needed
Download and plot controller history into graph
• Compile a data archive of chemical history and provide to the City • Complete chemical evaluation to confirm proper water balance utilizing both saturation Index and Ryznar Index
• Provide recommendations to make chemical corrections
BECs Chemical Controller
• Competition Pool (1) - BECKSys5
• Fit Pool (1) - BECKSys5
• Spa (2) - BECKSys3
• Test operation of the safety flow switch
• Clean sensors
• One-point controller calibration as needed
• Download and plot controller history into graph
• Compile a data archive of chemical history and provide to the City • Complete chemical evaluation to conform proper water balance utilizing both saturation Index and Ryznar Index
Provide recommendations to make chemical corrections
Chemtrol Chemical Controller
• Splash Pad
• Test operation of the safety flow switch
• Clean sensors
Download and plot controller history into graph
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• Compile a data archive of chemical history and provide to the City • Complete chemical evaluation to conform proper water balance utilizing both saturation Index and Ryznar Index
• Provide recommendations to make chemical corrections
High-Rate Sand Filtration System
• Competition Pool - EPD Filter Tanks (7)
• Waterco Filter Tank - Splash Pad (1)
• Backwash filtration system as needed
• Review backwash performance to confirm proper operation and efficiency • Monitor and log filtration, influent & effluent pressure • Monitor and log filtration flow-rate
Vertical Filter Tank Backwash
• Fit Pool - Triton Filter Tanks (2)
• Spa - Nemato NEX Filter (1)
• Backwash filtration system as needed
• Review backwash performance to confirm proper operation and efficiency • Monitor and log filtration, influent & effluent pressure • Monitor and log filtration flow-rate
LMI Injectors (Chemical Feed System)
• Competition Pool - LMI B121-392SI (2)
• Fit Pool - LMI C771-26S (2)
• Remove and clean chlorine injector to remove any calcification or buildup • Fine-tune chemical output to maintain chemical balance • Inspect suction and discharge tubing for wear
• Monitor and log chemical storage tank level
2- Quarterly Preventive Maintenance Services:

Stenner Chemical Feed Tube Replacement
• Competition Pool - 85M5 (2)
• Splash Pad - 85M5 (1)
• Splash Pad - 45M5 (1)
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Stenner Injector Cleaning
• Competition Pool - 85M5 (2)
• Splash Pad - 85M5 (1)
• Splash Pad - 45M5 (1)
• Remove and clean chlorine injector t remove any calcification or buildup Disassemble pump roller assembly for cleaning and feed tube replacement Inspect suction and discharge tubing for wear
Fine-tune chemical output to maintain chemical balance
• Monitor and log chemical storage tank level
3- Bi-Annual Preventive Maintenance Services:

Paco Circulation Pump (1)
• Inspect, clean and adjust as needed
• Lubricate bearings as required
• Lubricate lid O-ring
• Check for proper voltage, amperage and flow
• Check all electrical connections
4- Annual Chemical Treatment Preventive Maintenance Services:

BECS Calibration (Two- point controller calibration)
Competition Pool - BECSys5 (1)
Fit Pool - BECSys5 (1)
Spa - BECSyS3 (2)
LMI Pump Wet-End Rebuild (Disassemble pump wet-end for cleaning and overhaul Competition Pool - LM! B121-392SI (2)
Fit Pool - LMI C771-26S (2)
EKO3 PH-MTS Solenoid Replacement
• Replace pH-MTS solenoid with new OEM solenoid
• Calibrate chemical output to maintain chemical balance Tubing Replacement
• Replace chemical suction and discharge tubing
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Stenner pumps (4)
LMI (4)
pH-MTS (1)
5- Annual Filters Preventive Maintenance Services:

Sand Filter Media Inspection
• Competition Pool - EPD Filter Tanks (7)
• Drain filter tanks and remove manway covers to inspect tank internal components • Inspect media throughout the filters for proper consistency, contamination an flatness
• Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
• Restart system and review for proper operation
Vertical Filter Media inspection
• Fit Pool - Triton Filter Tanks (2)
• Drain filter tanks and remove manway covers to inspect tank internal components • Inspect media throughout the filters for proper consistency, contamination and flatness
• Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
• Restart system and review for proper operation
• Spa - Nemato NEX Filter (1)
• Drain filter tanks and remove manway covers to inspect tank internal components • Inspect media throughout the filters for proper consistency, contamination and flatness
• Test automatic internal air relief and inspect
• Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
Restart system and review for proper operation
• Splash Pad Waterco Filter Tank (1)
Drain filter tanks and remove manway covers to inspect tank internal components Inspect media throughout the filters for proper consistency, contamination and flatness
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Install cleaned manway covers and replace manway gaskets ..

Fill tanks and bleed air from the system
• Restart system and review for proper operation
Backwash Valve Rebuild
• Disassemble and inspect backwash valve assemblies for overhaul • Clean, rebuild and lubricate backwash assemble with OEM overhaul kits 6- Annual Lochinvar Preventive Maintenance Services:

Competition Pool - CPN1802 (1)
Lochinvar Cleaning
• Log heater inlet, outlet and delta temperature
• Inspect flame and heat exchanger
• Disassemble heater, inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Test and set inlet water and delta temperatures
• Inspect boost pump, bearing assembly, and 3-way automatic valve • Install new air filter
Competition Pool - CPN1802 (1)
• Log heater inlet, outlet and delta temperature
• Inspect flame and heat exchanger
• Disassemble heater, inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
Test and set gas manifold pressures and combustion chamber air pressure Test and set inlet water and delta temperatures
• Inspect boost pump, bearing assembly, and 3-way automatic valve • Replace hot surface igniter
• Install new air filter
Spa - ERN402A (1)
Lochinvar Cleaning
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• Inspect flame and heat exchanger
• Log system flow rate, influent pressure, and effluent pressure • Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for any irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Inspect bypass manifold
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
Spa - ERN402A (1)
Lochinvar Preventive Maintenance Service
• Inspect flame and heat exchanger
• Log system flow rate, influent pressure, and effluent pressure • Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for any irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Inspect bypass manifold
• Replace flame rod and sark ignitor
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
7- Annual Heater Preventive Maintenance Services:
• Fit Pool - Pentair Mastertemp 400 HD (1)
• Inspect flame and heat exchanger
• Log system flow rate, influent pressure, and effluent pressure • Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for any irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Inspect bypass manifold
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• Replace flame rod and sark ignitor
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
8- Annual Sentry UV Preventive Maintenance Services:

Splash Pad - SAG 480A-PVC
Sentry UV Cleaning Service
Isolation of the UV Chamber and removal of safety lid, and quartz sleeve assembly • Clean and inspect the quartz sleeves and UV sensor sight glass • Inspect and clean in-line strainer
• Remove, clean and replace (if needed) UV lamp and quartz sleeve • Verify proper electrical connections of the UV lamps
• Reassemble the unit, checking for watertight connections at the housings • Bleed air from the system
• Startup power to the unit and verify proper operation of the lamps, safety lid switch, pressure switch, and UV sensor
Splash Pad - SAG 480A-PVC
Sentry UV Preventive Maintenance Service
• Isolation of the UV Chamber and removal of safety lid, and quartz sleeve assembly • Clean and inspect the quartz sleeves and UV sensor sight glass • Inspect and clean in-line strainer
• Remove, clean and replace (if needed) UV lamp and quartz sleeve • Verify proper electrical connections of the UV lamps
• Reassemble the unit, checking for watertight connections at the housings • Bleed air from the system
• Startup power to the unit and verify proper operation of the lamps, safety lid switch, pressure switch, and UV sensor

PERFORMANCE STANDARDS
Contractor shall perform all services required within these specifications. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations codes and statues Unless the means or methods of performing a task are specified elsewhere in this contract, Contractor shall employ methods that are generally accepted and used by the plumbing industry. It is intended that the Contractor will schedule its operations to meet or exceed these requirements. It is further intended that the Contractor will put forth a level of effort to provide quality maintenance and repair services for all plumbing services.

Contractor shall comply with all City regulations regarding National Pollutant Discharge City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Elimination System (NPDES) Requirements and the City's Best Management Practices (BMP's). Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor shall implement any and all BMP's as may be necessary.

DEFICIENT IN PEFORMANCE
It is intended that the contractor will schedule his/her operations to meet or exceed performance standards requirements in the areas as assigned. The Facilities Maintenance Superintendent shall notify the contractor by telephone or email of performance issues.

The deficiency activities shall be documented in the Deficiency Report and the contractor is required to comply to make corrections at no cost to the City.

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

If deficiencies are not remedied within 24 hours of the time city notified contractor of such failure, contractor agrees to pay (as liquidated damages and not as a penalty) in the amount of $400 per working day.

CONTRACT TERM

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

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

Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA. All Items not City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

seasonally adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S.

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

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

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

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

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

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

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

Implementing these changes:

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

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

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

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

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

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

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

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

EQUIPMENT, MATERIALS AND VEHICLES

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

EQUIPMENT NOISE
City noise level requirements shall apply to all equipment on the project or related to the project including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.

WATER USAGE
and giscer ea ing to-she state into system a tiety prach ted eror are ., Runoff Pollution Control Regulations, and under the Federal Clean Water Act.

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

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

LABOR

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

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

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

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

provisions of said Labor Code.

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

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

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

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

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

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

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

PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision as to furnish proper surveillance of Ted Supervisor or asher representative shaly leck wile epaoment or work he weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

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

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

MINIMUM MANPOWER
Failure of the Contractor to comply with, Contractor proposed minimum manpower, will result in a deficiency deduction of One Hundred Dollars ($250.00) per person, per day.

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

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

The Contractor must agree to assign specific individuals to the key positions. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City. ity of Laguna Niguel - Public Works Departmer
ool Maintenance and Repair Service

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

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

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

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

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

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
The contractor must possess a valid C61/35 Pool Specialty, C4 Boilers and C36 Plumbing license.

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

INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. The Contractor shall not commence any work under this contract until he has secured all insurance required by this section nor shall he allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained.

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

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

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

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

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

UNIFORMS AND APPEARANCE
All Contractor's personnel shall be required to wear uniforms bearing company name while performing work under the contract. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name. Safety vests shall be not considered as part of the uniform but shall be required in compliance herein.

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

PROSECUTION OF THE WORK

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

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

Consent will not be given to any proposed assignment or delegation which would relieve the Contractor or its surety of their responsibilities under the contract, nor will the City consent to any assignment or delegation of a part of the work under contract. The Contractor may assign monies due or to become due under the contract, and such assignment will be recognized by the City if given written notice thereof, to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the City and to all deductions provided for in the contract. All money withheld whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

GENERAL ENVIRONMENTAL REQUIREMENTS

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

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

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

WATER POLLUTION
In accordance with the provisions of the City of Laguna Niguel Local Implementation Plan, the Contractor shall comply with all surface and groundwater protections rules, regulations, ordinances and statutes and shall implement all appropriate Best Management Practices during the course of work. Discharges of sediment or pollutants to surface or groundwater are prohibited and Contractor will be held fully responsible for any penalties enforced under Federal Clean Water Act provisions.

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

PAYMENT

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

AS NEEDED SERVICES
Fees for work performed by the Contractor on an hourly basis for additional work as on- call for as needed services shall not exceed the amounts shown on the Proposal Fee Sheet - Labor.

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

Poo Mantuna No and Pepair Works Department
age 29 of 5:

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

A. Invoice number
B. Facility name, month of services, and any additional work City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

From: (Name)
Company:

Email: Contact No:

In Response to the RFP: Pool Maintenance and Repair Services All questions shall be submitted through PlanetBids.

Deadline: 5:00 P.M., July 27, 2023
Question:

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

Proposal Package shall be bound in the following order:

1. Contents:

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

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

2. Contractor's Proof and Other Information
A. Company W-g
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

PROPOSAL FORM
RFP : Pool Maintenance and Repair Services
TO: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:

Authorized Representative:

Title:

Email Address:

Address:

City, State, and Zip Code:

Telephone:

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

Acknowledge and acceptance of the following addenda is hereby:

Addenda No. 1 Initials:

Addenda No. 2 Initials
Addenda No. 3 initials:

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

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

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

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

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

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

REPRESENTATIVE, the duly authorized officer shall sign as follows:

Corporation Name
Name Authorized Representative Title
Signature Date
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

PROPOSAL FEE SHEET: LABOR
RFP : Pool Maintenance and Repair Services
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:

Authorized Representative:

Title:

Email Address:

Address:

City, State, and Zip Code:

Telephone:

This bid shall consist of two separate components:
• Monthly, Quarterly, Bi-Annual and Annual Pool Preventative Maintenance Services, which is described in this RFP, will be bid at an annual total amount. Year 1 is from 10/01/2023 to 06/30/2024. Year 2 is from 07/01/2024 to 06/30/2025. Year 3 is from 07/01/2025 to 06/30/2026. Year 4 is from 07/01/2026 to 06/30/2027. Year 5 is from 07/01/2027 to 06/30/2028.

Term Firm Fixed-Price Per Year Notes
Year 1 10/1/2023 - 06/30/2024 $
Year 2 07/1/2024 - 06/30/2025 $
Year 3 07/1/2025 - 06/30/2026 $
Year 4 (Option) 07/1/2026 - 06/30/2027 $
Year 5 (Option) 07/1/2027 - 06/30/2028 $
*The City 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 City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• As-needed Pool Maintenance and Repair Services
Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associate cost.
supervisory: Is the cost per hour for one supervisory or journeyman/master personne includina all associated cost
Markup on Materials: is the percent added to the actual wholesale (no retail pricing will be accepted) cost of materials or special equipment rental.

Supervision Ratio: What is the time ratio of supervision to labor staff personnel needed on any given project under this contract, assume 100% of total staff time. Example:

S=20% L= 80%
Service Type Performance Response Minimum Hourly Rate
Period Time Charge Per Visit
Standard Regular Hours 2-4 Hours,
Service M-F. 8a.m.-5p.m. excluding
weekends and
holidays
Standard after After Regular Hours, 2-4 Hours,
Hour Service Weekends and including
holidays weekends and
holidays
Emergency Regular Hours 1-2 Hours
Service M-F, 8a.m.-5p.m.

Emergency after After Regular Hours, 1-2 Hours
Hour Service Weekends and
Markup on Material Cost --%
Supervision Ratio S=---. L=-.

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

By: Date:

Signature of Representative
City of Laguna Niguel - Public Works Department
ool Maintenance and Repair Services
age 36 of 5:

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

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

Subcontractor Company Name:

Address: City:

State: Zip Code: License No.:

Authorized Representative: Contact No.:

Email Address: DIR No.

Designated staff to perform the following function:

Subcontractor Company Name:

Address: City:

State: Zip Code: License No.:

Authorized Representative: Contact No.:

Email Address: DIR No.

Designated staff to perform the following function:

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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 O Partnership • Sole Proprietorship • Joint Venture • Other (please specify):

4. If a corporation, state the following:

Date of Incorporation: State in which Incorporated:

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

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

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

8. The length of time in business: years
-

9. Provide the total number of employees:

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

Location:

Location:

Location:

Provide the parent company, if applicable.

Company:

Location:

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

PLEASE ATTACHED YOUR ORGANIZATION CHART TO THIS PAGE.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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 1
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

The service was provided to (please check one):

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

Contact Person: Title:

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

SERVICE 2
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

The service was provided to (please check one):

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

Contact Person: Title: _
Email: Contact No:

Provide brief description of the work performed:

SERVICE 3
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

The service was provided to (please check one):

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

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

This form may be duplicate if additional space is required.

Staff- President
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

Staff-Supervisor
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

Staff- Specialist
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

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

PROVIDE PHOTOGRAPH OF EACH PIECE OF EQUIPMENT TO THIS
PAGE.

Vehicle Manufacturer and Model # Quantity
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

This should include:

1. The means the Contractor will use for completing the project.

Effective means of correcting any problems.

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

QUESTIONNAIRE: SUPPORT FACILITIES

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

Answer:

2. Provide address of main office.

Answer:

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

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

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

PROPOSAL AFFIDAVIT
RFP Pool Maintenance and Repair 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 all of the Municipal Maintenance Services required for all City owned facilities.

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

Signed Date
Company Name:

Address:

City, State, and Zip Code:

Telephone No.:

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

2. 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
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

Insurance
ITEMS/DESCRIPTION Broker
Initials:

The City shall be named as an additional insured on the Commercial General Liability end remehensive Automobile Liability policies, documented by a witten The policy must carry a 30-day cancellation clause is applicable to all coverage.

Waiver of Subrogation clause is applicable to all coverage.

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

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

Workers' Compensation insurance. This coverage is required unless Contractor accident for bodily injury or disease, as required by statutory insurance requirement of By: Date:

Signature of Representative
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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:

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

SAMPLE MAINTENANCE SERVICES

AGREEMENT
The contract agreement is required by the awarded Contractor. For reference only, please review the agreement on the next pages.

ATTACHMENT B
Proposals Evaluation Summary
City of Laguna Niguel
Public Works Department
RFP Name: Pool Maintenance and Repair Services
RFP Issue Date: June 20, 2023
RFP Due Date: July 27, 2023
No. of Bidders: 2
Proposals Evaluation Summary
Bidder Name Evaluation Average Evaluation Ranking
Knorr Systems Int'1. LLC 97 1
Waterline Technologies, Inc. 94

ATTACHMENT C
Maintenance Services Agreement with
Knorr Systems Int'l., LLC

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

POOL MAINTENANCE AND REPAIR SERVICES
THIS AGREEMENT is made and entered into as of ("Effective the %, ly, and nor systems of it, LL a Damare Lal co Lain Contier hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties". Contractor has been qualified by the California Secretary of State to conduct business in the state of California.

Contractor's license number is 562312 C-61 / D35 - Pool and Spa Maintenance Contractor's DIR registration number is 1000878960
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 Pool maintenance and repair services for the Swimming Pools, Spa and Spray ground.

B. The City circulated a Request for Proposals, Pool Maintenance and Repair Services, on June 20, 2023 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.

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

AGREEMENT:

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 Pool Maintenance and Repair Services (the "Project"). Contractor agrees to -1-
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.

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 October 01, 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 "A" (Schedule of Compensation; Method of Payment) for the not-to-exceed sum of Seventy- Five Thousand Dollars ($75,000.00) per fiscal year.

This Agreement also includes a twenty percent (20%) contingency in an amount not-to- exceed Fifteen Thousand Dollars ($15,000.00) per fiscal year to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

In no event shall the total compensation paid to the Contractor for the Scope of Services exceed Ninety Thousand Dollars ($90,000.00) per fiscal year.

Upon expiration of the term of the Agreement, if the term is extended (pursuant to Section 3 or otherwise), fees and rates may only be increased both pursuant to Section 20 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Los Angeles-Long Beach-Anaheim, CA) for the applicable period of time or 3 percent, whichever is less. City has no obligation or duty to provide any such increase. The total compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
-2-
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 "A".

6. Licenses; Standard of Care.

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.

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 laws) 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.
-3-
B. The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or damages that may arise from injury to any person, including employees of Contractor or any subcontractor, or from damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the required Services.

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

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

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

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

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

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

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

A. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected 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, -4-
subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

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

C. Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

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. -5-
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 CC 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) ₴ Automobile Liability Insurance. Contractor 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) 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 -6-
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.

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 -7-
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 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.

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.

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.
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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 or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

C. Contracts. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of paragraph A of this Section.

D. Registration with DIR. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement.

Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

E. Compliance Monitoring Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR.

Contractor shall post job site notices, as prescribed by DIR regulations.

F. Copies of Per Diem Wages. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. Contractor shall post at the work site a copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.
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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.

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 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 -10-
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 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

L. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
M. Subcontractors. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

N. Prevailing Wage Indemnification. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions arising out of the payment of prevailing wages by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work -11-
undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

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

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

17. Warranty.

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

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 -12-
discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

18. Termination.

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

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

19. Notice(s). Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (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).
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CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: CES Holdings, LLC dba Knorr Systems Intl,
LLC
Attn: Cindy Faust
Address: 2221 Standard Ave.

City, State, Zip Code: Santa Ana, CA 92707

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

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

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

23. Breach of Agreement. In addition to the right of termination set forth in Section 19, if Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. -14-

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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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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 J. Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Scott C. Smith
City Attorney
"CONTRACTOR"
Knorr Systems Int'l, LLC
By:_
Print Name:

Title:

By:

Print Name:

Title:
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EXHIBIT "A"

SCOPE OF SERVICES & COMPENSATION
A-1

EXHIBIT A - SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel is seeking an experienced firm/company to provide pool maintenance and repair services of City Swimming pools, Spa and Spray ground at Crown Valley Community Center.

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

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• Minimum of ten (10) full years of experiences similar work • Work experience with Cities, Counties, local government agencies • Contract services amount greater than $25,000 annually

SERVICES TO BE PROVIDED
Crown Valley Park Community Center
29571 Crown Valley Parkway
Laguna Niguel, CA 92677

DESCRIPTION OF SERVICE
The maintenance and all repairs shall be provided in accordance with the highest standards of professionalism, skill, workmanship, applicable trade practices, and meet warranties.

The contractor shall perform monthly, quarterly, bi-annual and annual maintenance and as-needed repair services at the Swimming Pools, Spa and Spray ground. Dates will be determined by City staff. Equipment at the pool heaters consist of one 40hp motor with pump, two 7.5hp motor with pumps, one 5hp motor with pump, one 1hp motor with pump, and 11 high-rate sand filters with all its parts. There are a total of three pool heaters, two Lochinvar and one Master Temp 400HD.

The work to be performed shall be consistent of labor, materials, and equipment needed for the City's Swimming pools, Spa and Spray ground, including all its motors, pumps, filters, heaters, City's tube-n-shell heat exchanger system and all its parts, chemical feed pumps, valves and piping varying from 1" to 10". The contractor must notify the city if, at any given point, repairs need to be made to the equipment listed above.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Throughout this contract, the City will have projects that are scheduled and pre-arranged, but they may also have occasional, unanticipated request needing immediate attention.

The awarded Contractor shall comply with all the applicable provisions of the Local, State, and Federal laws including required Professional Certifications. Work will be requested on a task basis by a City Department Representative to one of the selected Contractors at the time work is required.

SCOPE OF WORK
1- Monthly Preventive Maintenance Services:

Competition Pool, Fit Pool (BECSys5)
• Test operation of the safety flow switch
• Clean sensors
• One-point controller calibration as needed
• Download and plot controller history into graph
• Compile a data archive of chemical history and provide to the City • Complete chemical evaluation to confirm proper water balance utilizing both saturation Index and Ryznar Index
• Provide recommendations to make chemical corrections
BECs Chemical Controller
• Competition Pool (1) - BECKSys5
• Fit Pool (1) - BECKSys5
• Spa (2) - BECKSys3
• Test operation of the safety flow switch
• Clean sensors
• One-point controller calibration as needed
• Download and plot controller history into graph
• Compile a data archive of chemical history and provide to the City . Complete chemical evaluation to conform proper water balance utilizing both saturation Index and Ryznar Index
• Provide recommendations to make chemical corrections
Chemtrol Chemical Controller
• Splash Pad
• Test operation of the safety flow switch
• Clean sensors
• Download and plot controller history into graph
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• Compile a data archive of chemical history and provide to the City • Complete chemical evaluation to conform proper water balance utilizing both saturation Index and Ryznar Index
• Provide recommendations to make chemical corrections
High-Rate Sand Filtration System
• Competition Pool - EPD Filter Tanks (7)
• Waterco Filter Tank - Splash Pad (1)
• Backwash filtration system as needed
• Review backwash performance to confirm proper operation and efficiency • Monitor and log filtration, influent & effluent pressure • Monitor and log filtration flow-rate
Vertical Filter Tank Backwash
• Fit Pool - Triton Filter Tanks (2)
• Spa - Nemato NEX Filter (1)
• Backwash filtration system as needed
• Review backwash performance to confirm proper operation and efficiency • Monitor and log filtration, influent & effluent pressure • Monitor and log filtration flow-rate
LMI Injectors (Chemical Feed System)
• Competition Pool - LMI B121-392SI (2)
• Fit Pool - LMI C771-26S (2)
• Remove and clean chlorine injector to remove any calcification or buildup • Fine-tune chemical output to maintain chemical balance • Inspect suction and discharge tubing for wear
Monitor and log chemical storage tank level
2- Quarterly Preventive Maintenance Services:

Stenner Chemical Feed Tube Replacement
• Competition Pool - 85M5 (2)
• Splash Pad - 85M5 (1)
• Splash Pad - 45M5 (1)
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Stenner Injector Cleaning
Competition Pool - 85M5 (2)
• Splash Pad - 85M5 (1)
• Splash Pad - 45M5 (1)
• Remove and clean chlorine injector t remove any calcification or buildup • Disassemble pump roller assembly for cleaning and feed tube replacement • Inspect suction and discharge tubing for wear
• Fine-tune chemical output to maintain chemical balance • Monitor and log chemical storage tank level
3- Bi-Annual Preventive Maintenance Services:

Paco Circulation Pump (1)
• Inspect, clean and adjust as needed
• Lubricate bearings as required
• Lubricate lid O-ring
• Check for proper voltage, amperage and flow
• Check all electrical connections
4- Annual Chemical Treatment Preventive Maintenance Services:

BECS Calibration (Two- point controller calibration)
• Competition Pool - BECSys5 (1)
• Fit Pool - BECSys5 (1)
• Spa - BECSys3 (2)
LMI Pump Wet-End Rebuild (Disassemble pump wet-end for cleaning and overhaul • Competition Pool - LMI B121-392SI (2)
• Fit Pool - LMI C771-26S (2)
EKO3 PH-MTS Solenoid Replacement
Replace pH-MTS solenoid with new OEM solenoid
• Calibrate chemical output to maintain chemical balance Tubing Replacement
• Replace chemical suction and discharge tubing
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Stenner pumps (4)
LMI (4)
pH-MTS (1)
5- Annual Filters Preventive Maintenance Services:

Sand Filter Media Inspection
• Competition Pool - EPD Filter Tanks (7)
Drain filter tanks and remove manway covers to inspect tank internal components : Inspect media throughout the filters for proper consistency, contamination and flatness
• Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
• Restart system and review for proper operation
Vertical Filter Media inspection
• Fit Pool - Triton Filter Tanks (2)
• Drain filter tanks and remove manway covers to inspect tank internal components • Inspect media throughout the filters for proper consistency, contamination and flatness
• Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
• Restart system and review for proper operation
• Spa - Nemato NEX Filter (1)
• Drain filter tanks and remove manway covers to inspect tank internal components • Inspect media throughout the filters for proper consistency, contamination and flatness
• Test automatic internal air relief and inspect
• Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
• Restart system and review for proper operation
• Splash Pad Waterco Filter Tank (1)
• Drain filter tanks and remove manway covers to inspect tank internal components Inspect media throughout the filters for proper consistency, contamination and flatness
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

- Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
• Restart system and review for proper operation
Backwash Valve Rebuild
• Disassemble and inspect backwash valve assemblies for overhaul › / Clean, rebuild and lubricate backwash assemble with OEM overhaul kits 6- Annual Lochinvar Preventive Maintenance Services:

Competition Pool - CPN1802 (1)
Lochinvar Cleaning
• Log heater inlet, outlet and delta temperature
• Inspect flame and heat exchanger
• Disassemble heater, inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Test and set inlet water and delta temperatures
• Inspect boost pump, bearing assembly, and 3-way automatic valve • Install new air filter
Competition Pool - CPN1802 (1)
• Log heater inlet, outlet and delta temperature
• Inspect flame and heat exchanger
• Disassemble heater, inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure Test and set inlet water and delta temperatures
• Inspect boost pump, bearing assembly, and 3-way automatic valve • Replace hot surface igniter
• Install new air filter
Spa - ERN402A (1)
Lochinvar Cleaning
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• Inspect flame and heat exchanger
• Log system flow rate, influent pressure, and effluent pressure • Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for any irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Inspect bypass manifold
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
Spa - ERN402A (1)
Lochinvar Preventive Maintenance Service
Inspect flame and heat exchanger
• Log system flow rate, influent pressure, and effluent pressure • Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for any irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Inspect bypass manifold
• Replace flame rod and sark ignitor
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
7- Annual Heater Preventive Maintenance Services:
• Fit Pool - Pentair Mastertemp 400 HD (1)
• Inspect flame and heat exchanger
• Log system flow rate, influent pressure, and effluent pressure • Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for any irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
Test and set gas manifold pressures and combustion chamber air pressure • Inspect bypass manifold
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Replace flame rod and sark ignitor
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
8- Annual Sentry UV Preventive Maintenance Services:

Splash Pad - SAG 480A-PVC
Sentry UV Cleaning Service
• Isolation of the UV Chamber and removal of safety lid, and quartz sleeve assembly • Clean and inspect the quartz sleeves and UV sensor sight glass • Inspect and clean in-line strainer
• Remove, clean and replace (if needed) UV lamp and quartz sleeve • Verify proper electrical connections of the UV lamps
• Reassemble the unit, checking for watertight connections at the housings • Bleed air from the system
• Startup power to the unit and verify proper operation of the lamps, safety lid switch, pressure switch, and UV sensor
Splash Pad - SAG 480A-PVC
Sentry UV Preventive Maintenance Service
• Isolation of the UV Chamber and removal of safety lid, and quartz sleeve assembly Clean and inspect the quartz sleeves and UV sensor sight glass • Inspect and clean in-line strainer
• Remove, clean and replace (if needed) UV lamp and quartz sleeve • Verify proper electrical connections of the UV lamps
• Reassemble the unit, checking for watertight connections at the housings • Bleed air from the system
• Startup power to the unit and verify proper operation of the lamps, safety lid switch, pressure switch, and UV sensor

PERFORMANCE STANDARDS
Contractor shall perform all services required within these specifications. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations codes and statues Unless the means or methods of performing a task are specified elsewhere in this contract, Contractor shall employ methods that are generally accepted and used by the plumbing industry. It is intended that the Contractor will schedule its operations to meet or exceed these requirements. It is further intended that the Contractor will put forth a level of effort to provide quality maintenance and repair services for all plumbing services.

Contractor shall comply with all City regulations regarding National Pollutant Discharge City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Elimination System (NDES) Requirements and the City's Best Management Practices (BMP's). Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor shall implement any and all BMP's as may be necessary.

DEFICIENT IN PEFORMANCE
It is intended that the contractor will schedule his/her operations to meet or exceed performance standards requirements in the areas as assigned. The Facilities Maintenance Superintendent shall notify the contractor by telephone or email of performance issues.

The deficiency activities shall be documented in the Deficiency Report and the contractor is required to comply to make corrections at no cost to the City.

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

If deficiencies are not remedied within 24 hours of the time city notified contractor of such failure, contractor agrees to pay (as liquidated damages and not as a penalty) in the amount of $400 per working day.

CONTRACT TERM

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

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

Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA. All Items not City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

seasonally adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S.

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

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

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

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

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

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

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

City. Changes in contract specifications with a corresponding change in compensation.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

Implementing these changes:

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

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

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

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

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

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

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

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

EQUIPMENT, MATERIALS AND VEHICLES
Vehicles shall be in conformance with the latest South Coast Air Quality Management regrit res, the ent actor shal be prepared to me the rearere of ten e 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.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

EQUIPMENT NOISE
City noise level requirements shall apply to all equipment on the project or related to the project including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.

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

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

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

LABOR

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

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

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

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

provisions of said Labor Code.

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

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

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

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

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

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

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

PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision as to furnish proper surveillance of fied supervisor or isher representative shaly neck wilye Department of Public oke weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance. ity of Laguna Niguel - Public Works Departmer
ool Maintenance and Repair Service

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

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

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

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

MINIMUM MANPOWER
Failure of the Contractor to comply with, Contractor proposed minimum manpower, will result in a deficiency deduction of One Hundred Dollars ($250.00) per person, per day.

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

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

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

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

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

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
The contractor must possess a valid C61/35 Pool Specialty, C4 Boilers and C36 Plumbing license.

CONTRACTOR'S OFFICE/FACILITIES
The Contractor's office or base of operations may be located within Orange County. The Contractor shall maintain a telephonic communications system such as:

Twenty-four-hour emergency notification to Contractor by the City is possible • All calls are returned within one (1) hour
• All calls are toll free from Laguna Niguel

INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. The Contractor shall not commence any work under this contract until he has secured all insurance required by this section nor shall he allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained.

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

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

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

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

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

UNIFORMS AND APPEARANCE
All Contractor's personnel shall be required to wear uniforms bearing company name while performing work under the contract. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name. Safety vests shall be not considered as part of the uniform but shall be required in compliance herein.

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

PROSECUTION OF THE WORK

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

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

Consent will not be given to any proposed assignment or delegation which would relieve the Contractor or its surety of their responsibilities under the contract, nor will the City consent to any assignment or delegation of a part of the work under contract. The Contractor may assign monies due or to become due under the contract, and such assignment will be recognized by the City if given written notice thereof, to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the City and to all deductions provided for in the contract. All money withheld whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

GENERAL ENVIRONMENTAL REQUIREMENTS

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

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

salding but vet inited to tsks, mole rs, al tractors that tay ob a late to the do., the Contractor.

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

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

WATER POLLUTION
In accordance with the provisions of the City of Laguna Niguel Local Implementation Plan, the Contractor shall comply with all surface and groundwater protections rules, regulations, ordinances and statutes and shall implement all appropriate Best Management Practices during the course of work. Discharges of sediment or pollutants to surface or groundwater are prohibited and Contractor will be held fully responsible for any penalties enforced under Federal Clean Water Act provisions.

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

PAYMENT

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

AS NEEDED SERVICES
Fees for work performed by the Contractor on an hourly basis for additional work as on- call for as needed services shall not exceed the amounts shown on the Proposal Fee Sheet - Labor.

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

A. Invoice number
B. Facility name, month of services, and any additional work City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

PROPOSAL FEE SHEET: LABOR
RFP : Pool Maintenance and Repair Services
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name: Knorr Systems Int'l., LLC
Authorized Representative: Cindy Faust
Title: Director of Operations
Email Address: [email protected]
Address: 2221 S. Standard Avenue
City, State, and Zip Code: Santa Ana CA 92707
Telephone: 714-754-4044
This bid shall consist of two separate components:
• Monthly, Quarterly, Bi-Annual and Annual Pool Preventative Maintenance Services, which is described in this RFP, will be bid at an annual total amount. Year 1 is from 10/01/2023 to 06/30/2024. Year 2 is from 07/01/2024 to 06/30/2025. Year 3 is from 07/01/2025 to 06/30/2026. Year 4 is from 07/01/2026 to 06/30/2027. Year 5 is from 07/01/2027 to 06/30/2028.

Term Firm Fixed-Price Per Year Notes
Includes 8 monthly services.

Year 1 10/1/2023 - 06/30/2024 $ 45,418 annual PM's w/parts & Plant HEX annual service
Year 2 07/1/2024 - 06/30/2025 $ 60,815 includes Plant HEX annual service
Year 3 07/1/2025 - 06/30/2026 $ 66,696 ncludes Plant HEX annual service
Year 4 (Option) 07/1/2026 - 06/30/2027 $ 73.918 Includes Plant HEX Year 5 (Option) 07/1/2027 - 06/30/2028 $ 80,743
annual service
*The City 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.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• As-needed Pool Maintenance and Repair Services
Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associate cost.

Supervisory: is the cost per hour for one supervisory or journeyman/master personnel including all associated cost.

Markup on Materials: is the percent added to the actual wholesale (no retail pricing will be accepted) cost of materials or special equipment rental.

Supervision Ratio: What is the time ratio of supervision to labor staff personnel needed on any given project under this contract, assume 100% of total staff time. Example:

S=20% L= 80%
Service Type Performance Response Minimum Hourly Rate
Period Time Charge Per Visit
Standard Regular Hours 2-4 Hours,
Service M-F, 8a.m.-5p.m. excluding
weekends and $ 188.00 $ 188.00
holidays
Standard after After Regular Hours, 2-4 Hours.

Hour Service Weekends and including
holidays weekends and $270.00 $270.00
holidays
Emergency Regular Hours 1-2 Hours $270.00 $ 270.00
M-F, 8a.m.-5p.m
mergency afte After Regular Hours, 1-2 Hours
lour Servic Weekends and $270.00 $ 270.00
holidays
20%
Markup on Material Cost -%
30% 70%
Supervision Ratio S=--
Please note: Budget cuts and monetary adjustments by Federal government, State, County or City may seriously affect the level of service for this contract. Contractor therefore agrees to adjust the level of service without changing other contract conditions herein, if notified to do so, within a reasonable time period.

By: 07/27/2023
Date:

Signature of Representative
ity of Laguna Niguel - Public Works Departmer
ool Maintenance and Repair Service

City of Laguna Niguel
Line Items for Project Pool Maintenance and Repair Services (1) Issued on 06/20/2023
Bid Due on July 27, 2023 5:00 PM (PDT)
Exported on 06/21/2023
Item # Section Item Description Unit of Measure Quantity Reference Unit Price 1 Year 1 10/01/2023 - 06/30/2024 Year 1 $57,272.00
2 Year 1 07/01/2024 - 06/30/2025 Year 1 $70,122.00
3 Year 1 07/01/2025 - 06/30/2026 Year 1 $78,220.00
4 Year 1 07/01/2026 - 06/30/2027 (Option) Year 1 $86,478.00 5 Bid table 2 Standard Service Regular Hours, M-F, 8a.m.-5p.m. 1 2-4 Hours, excluding weekends and holidays $188.00 Bid table 2 Standard after Hour Service After Regular Hours, Weekends and holidays 1 2-4 Hours, including weekends and holidays $270.00 7 Bid table 2 Emergency Service Regular Hours, M-F, 8a.m.-5p.m. 1-2 Hours $270.00 8 Bid table 2 Emergency after Hour Service After Regular Hours, Weekends and holidays 1 1-2 Hours $270.00 9 Bid table 2 Markup on Material Cost 1 20%
10 Bid table 2 Supervision Ratio S=—_ % 1 30%
11 Bid table 2 Supervision Ratio L=- ---% 70%

ATTACHMENT D
Maintenance Services Agreement with
Waterline Technologies, Inc.

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

POOL MAINTENANCE AND REPAIR SERVICES
THIS AGREEMENT is made and entered into as of ("Effective Date"), by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Waterline Technologies, Inc., a California Corporation, hereinatter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties". Contractor has been qualified by the California Secretary of State to conduct business in the state of California.

Contractor's license number is 263844 C-61 / D35 - Pool and Spa Maintenance Contractor's DIR registration number is 1000006327
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.

RECILALS:

A. The City requires Pool maintenance and repair services for the Swimming Pools, Spa and Spray ground.

B. The City circulated a Request for Proposals, Pool Maintenance and Repair Services, on June 20, 2023 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, ropose sailor sorosla cose hase eternie at an Agreement 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.

AGREEMENT:

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, naterials, equipment and services in a good and workmanlike manner for the projec dentified as Pool Maintenance and Repair Services (the "Proiect"). Contractor agrees tr perform the services for City, in a manner satisfactory to City, as described in the Scope -1-
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.

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.

3. Term. The Contractor shall commence providing the required services on October 01, 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 "A" (Schedule of Compensation; Method of Payment) for the not-to-exceed sum of Seventy- Five Thousand Dollars ($75,000.00) per fiscal year.

This Agreement also includes a twenty percent (20%) contingency in an amount not-to- exceed Fifteen Thousand Dollars ($15,000.00) per fiscal year to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

In no event shall the total compensation paid to the Contractor for the Scope of Services exceed Ninety Thousand Dollars ($90,000.00) per fiscal year.

Upon expiration of the term of the Agreement, if the term is extended (pursuant to Section 3 or otherwise), fees and rates may only be increased both pursuant to Section 20 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Los Angeles-Long Beach-Anaheim, CA) for the applicable period of time or 3 percent, whichever is less. City has no obligation or duty to provide any such increase. The total compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

B. I Invoices. Upon submission of each invoice, if the City is satisfied that the -2-
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 "A".

6. Licenses; Standard of Care.

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.

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 observe and comply with els surs laws this eulins. Conty, ar harass, employees, shall not be liable at law or in equity by reason of the failure of the Contractor B. The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or -3-
damages that may arise from injury to any person, including employees of Contractor or any subcontractor, or from damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the required Services.

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

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

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

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

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

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

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

A. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected 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 -4-
performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

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

C. Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

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 -5-
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. 2) 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.

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. -6-
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.

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.

I. 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.
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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 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.

Timely notice of claims. Contractor shall give City prompt and timely notice of Shades this Agreement, and what hate or may i volve sul frage contrators priorance 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.
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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, 1713.2 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 or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

C. Contracts. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of paragraph A of this Section.

D. Registration with DIR. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement.

Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

E. Compliance Monitoring. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR.

Contractor shall post job site notices, as prescribed by DIR regulations.

F. Copies of Per Diem Wages. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. Contractor shall post at the work site a copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.
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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.

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 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 -10-
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-halt 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 -11-
undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

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

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

17. Warranty.

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

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 -12-
discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

18. Termination.

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

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination as specified in the Notice of Termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have 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).
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CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: Waterline Technologies, Inc.

Attn: Tom Berrey
Address: 620 Santiago Street
City, State, Zip Code: Santa Ana, CA 92701
Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of Services described in Exhibit "A" hereto by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

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

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

23. Breach of Agreement. In addition to the right of termination set forth in Section 19, if Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. -14-

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

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

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

Authority to Sign. The person(s) executing this Agreement on behalt 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
-15-
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 J. Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Scott C. Smith
City Attorney
"CONTRACTOR"
Waterline Technologies, Inc.

By:

Print Name:

Title:

By:

Print Name:

Title:
-16-
EXHIBIT "A"

SCOPE OF SERVICES & COMPENSATION
A-1

EXHIBIT A - SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel is seeking an experienced firm/company to provide pool maintenance and repair services of City Swimming pools, Spa and Spray ground at Crown Valley Community Center.

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

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• Minimum of ten (10) full years of experiences similar work Work experience with Cities, Counties, local government agencies • Contract services amount greater than $25,000 annually

SERVICES TO BE PROVIDED
Crown Valley Park Community Center
29571 Crown Valley Parkway
Laguna Niguel, CA 92677

DESCRIPTION OF SERVICE
The maintenance and all repairs shall be provided in accordance with the highest standards of professionalism, skill, workmanship, applicable trade practices, and meet warranties.

The contractor shall perform monthly, quarterly, bi-annual and annual maintenance and as-needed repair services at the Swimming Pools, Spa and Spray ground. Dates will be determined by City staff. Equipment at the pool heaters consist of one 40hp motor with pump, two 7.5hp motor with pumps, one 5hp motor with pump, one 1hp motor with pump, and 11 high-rate sand filters with all its parts. There are a total of three pool heaters, two Lochinvar and one Master Temp 400HD.

The work to be performed shall be consistent of labor, materials, and equipment needed for the City's Swimming pools, Spa and Spray ground, including all its motors, pumps, filters, heaters, City's tube-n-shell heat exchanger system and all its parts, chemical feed pumps, valves and piping varying from 1" to 10". The contractor must notify the city if, at any given point, repairs need to be made to the equipment listed above.

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Throughout this contract, the City will have projects that are scheduled and pre-arranged, but they may also have occasional, unanticipated request needing immediate attention.

The awarded Contractor shall comply with all the applicable provisions of the Local, State, and Federal laws including required Professional Certifications. Work will be requested on a task basis by a City Department Representative to one of the selected Contractors at the time work is required.

SCOPE OF WORK
1- Monthly Preventive Maintenance Services:

Competition Pool, Fit Pool (BECSys5)
Test operation of the safety flow switch
: Clean sensors
• One-point controller calibration as needed
• Download and plot controller history into graph
• Compile a data archive of chemical history and provide to the City • Complete chemical evaluation to confirm proper water balance utilizing both saturation Index and Ryznar Index
• Provide recommendations to make chemical corrections
BECs Chemical Controller
• Competition Pool (1) - BECKSys5
• Fit Pool (1) - BECKSys5
• Spa (2) - BECKSys3
• Test operation of the safety flow switch
• Clean sensors
• One-point controller calibration as needed
• Download and plot controller history into graph
• Compile a data archive of chemical history and provide to the City Complete chemical evaluation to conform proper water balance utilizing both saturation Index and Ryznar Index
. Provide recommendations to make chemical corrections
Chemtrol Chemical Controller
• Splash Pad
• Test operation of the safety flow switch
• Clean sensors
• Download and plot controller history into graph
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• Compile a data archive of chemical history and provide to the City • Complete chemical evaluation to conform proper water balance utilizing both saturation Index and Ryznar Index
• Provide recommendations to make chemical corrections
High-Rate Sand Filtration System
• Competition Pool - EPD Filter Tanks (7)
• Waterco Filter Tank - Splash Pad (1)
• Backwash filtration system as needed
• Review backwash performance to confirm proper operation and efficiency • Monitor and log filtration, influent & effluent pressure • Monitor and log filtration flow-rate
Vertical Filter Tank Backwash
• Fit Pool - Triton Filter Tanks (2)
• Spa - Nemato NEX Filter (1)
• Backwash filtration system as needed
• Review backwash performance to confirm proper operation and efficiency • Monitor and log filtration, influent & effluent pressure • Monitor and log filtration flow-rate
LMI Injectors (Chemical Feed System)
• Competition Pool - LMI B121-392SI (2)
• Fit Pool - LMI C771-26S (2)
• Remove and clean chlorine injector to remove any calcification or buildup • Fine-tune chemical output to maintain chemical balance • Inspect suction and discharge tubing for wear
• Monitor and log chemical storage tank level
2- Quarterly Preventive Maintenance Services:

Stenner Chemical Feed Tube Replacement
• Competition Pool - 85M5 (2)
• Splash Pad - 85M5 (1)
• Splash Pad - 45M5 (1)
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Stenner Injector Cleaning
• Competition Pool - 85M5 (2)
• Splash Pad - 85M5 (1)
• Splash Pad - 45M5 (1)
Remove and clean chlorine injector t remove any calcification or buildup Disassemble pump roller assembly for cleaning and feed tube replacement Inspect suction and discharge tubing for wear
Fine-tune chemical output to maintain chemical balance
Monitor and log chemical storage tank level
3- Bi-Annual Preventive Maintenance Services:

Paco Circulation Pump (1)
• Inspect, clean and adjust as needed
• Lubricate bearings as required
• Lubricate lid O-ring
• Check for proper voltage, amperage and flow
• Check all electrical connections
4- Annual Chemical Treatment Preventive Maintenance Services:

BECS Calibration (Two- point controller calibration)
• Competition Pool - BECSys5 (1)
• Fit Pool - BECSys5 (1)
• Spa - BECSys3 (2)
LMI Pump Wet-End Rebuild (Disassemble pump wet-end for cleaning and overhaul Competition Pool - LMI B121-392SI (2)
Fit Pool - LMI C771-26S (2)
EKO3 PH-MTS Solenoid Replacement
• Replace pH-MTS solenoid with new OEM solenoid
• Calibrate chemical output to maintain chemical balance Tubing Replacement
• Replace chemical suction and discharge tubing
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Stenner pumps (4)
LMI (4)
pH-MTS (1)
5- Annual Filters Preventive Maintenance Services:

Sand Filter Media Inspection
• Competition Pool - EPD Filter Tanks (7)
Drain filter tanks and remove manway covers to inspect tank internal components : Inspect media throughout the filters for proper consistency, contamination and flatness
• Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
• Restart system and review for proper operation
Vertical Filter Media inspection
• Fit Pool - Triton Filter Tanks (2)
• Drain filter tanks and remove manway covers to inspect tank internal components • Inspect media throughout the filters for proper consistency, contamination and flatness
• Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
• Restart system and review for proper operation
• Spa - Nemato NEX Filter (1)
• Drain filter tanks and remove manway covers to inspect tank internal components • Inspect media throughout the filters for proper consistency, contamination and flatness
• Test automatic internal air relief and inspect
Install cleaned manway covers and replace manway gaskets • Fill tanks and bleed air from the system
Restart system and review for proper operation
• Splash Pad Waterco Filter Tank (1)
: ape i elia sand genu healers to ers to spect any era compon ants flatness
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Install cleaned manway covers and replace manway gaskets Fill tanks and bleed air from the system
• Restart system and review for proper operation
Backwash Valve Rebuild
• Disassemble and inspect backwash valve assemblies for overhaul • Clean, rebuild and lubricate backwash assemble with OEM overhaul kits 6- Annual Lochinvar Preventive Maintenance Services:

Competition Pool - CPN1802 (1)
Lochinvar Cleaning
• Log heater inlet, outlet and delta temperature
• Inspect flame and heat exchanger
• Disassemble heater, inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Test and set inlet water and delta temperatures
• Inspect boost pump, bearing assembly, and 3-way automatic valve • Install new air filter
Competition Pool - CPN1802 (1)
• Log heater inlet, outlet and delta temperature
Inspect flame and heat exchanger
Disassemble heater, inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure Test and set inlet water and delta temperatures
Inspect boost pump, bearing assembly, and 3-way automatic valve Replace hot surface igniter
• Install new air filter
Spa - ERN402A (1)
Lochinvar Cleaning
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• Inspect flame and heat exchanger
• Log system flow rate, influent pressure, and effluent pressure • Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for any irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Inspect bypass manifold
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
Spa - ERN402A (1)
Lochinvar Preventive Maintenance Service
• Inspect flame and heat exchanger
Log system flow rate, influent pressure, and effluent pressure • Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans • De-soot and/or clean heat exchanger and inspect for any irregularities • Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
• Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure • Inspect bypass manifold
• Replace flame rod and sark ignitor
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
7- Annual Heater Preventive Maintenance Services:
• Fit Pool - Pentair Mastertemp 400 HD (1)
• Inspect flame and heat exchanger
• Log system flow rate, influent pressure, and effluent pressure Disassemble heater to inspect and clean gas manifolds, upper cabinet and fans De-soot and/or clean heat exchanger and inspect for any irregularities Clean and inspect the combustion chamber and inspect refractory materials for cracks or irregularities
Clean burners and reinstall with new gaskets
• Test and set gas manifold pressures and combustion chamber air pressure Inspect bypass manifold
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• Replace flame rod and sark ignitor
• Test and set inlet water and delta temperatures
• Complete chemical evaluation to confirm proper water balance • Provide recommendation for chemical corrections
8- Annual Sentry UV Preventive Maintenance Services:

Splash Pad - SAG 480A-PVC
Sentry UV Cleaning Service
• Isolation of the UV Chamber and removal of safety lid, and quartz sleeve assembly Clean and inspect the quartz sleeves and UV sensor sight glass • Inspect and clean in-line strainer
• Remove, clean and replace (if needed) UV lamp and quartz sleeve • Verify proper electrical connections of the UV lamps
• Reassemble the unit, checking for watertight connections at the housings • Bleed air from the system
• Startup power to the unit and verify proper operation of the lamps, safety lid switch, pressure switch, and UV sensor
Splash Pad - SAG 480A-PVC
Sentry UV Preventive Maintenance Service
• Isolation of the UV Chamber and removal of safety lid, and quartz sleeve assembly • Clean and inspect the quartz sleeves and UV sensor sight glass • Inspect and clean in-line strainer
• Remove, clean and replace (if needed) UV lamp and quartz sleeve • Verify proper electrical connections of the UV lamps
• Reassemble the unit, checking for watertight connections at the housings • Bleed air from the system
• Startup power to the unit and verify proper operation of the lamps, safety lid switch, pressure switch, and UV sensor

PERFORMANCE STANDARDS
Contractor shall perform all services required within these specifications. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations codes and statues Unless the means or methods of performing a task are specified elsewhere in this contract, Contractor shall employ methods that are generally accepted and used by the plumbing industry. It is intended that the Contractor will schedule its operations to meet or exceed these requirements. It is further intended that the Contractor will put forth a level of effort to provide quality maintenance and repair services for all plumbing services.

Contractor shall comply with all City regulations regarding National Pollutant Discharge City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

Elimination System (NPDES) Requirements and the City's Best Management Practices (BMP's). Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor shall implement any and all BMP's as may be necessary.

DEFICIENT IN PEFORMANCE
It is intended that the contractor will schedule his/her operations to meet or exceed performance standards requirements in the areas as assigned. The Facilities Maintenance Superintendent shall notify the contractor by telephone or email of performance issues.

The deficiency activities shall be documented in the Deficiency Report and the contractor is required to comply to make corrections at no cost to the City.

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

If deficiencies are not remedied within 24 hours of the time city notified contractor of such failure, contractor agrees to pay (as liquidated damages and not as a penalty) in the amount of $400 per working day.

CONTRACT TERM

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

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

Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA. All Items not City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

seasonally adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S.

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

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

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

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

CHANGES TO CONTRACT
Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Due to acceptance time frame difficulties, it will not always be possible In lieu of the actual change order, the Request for Proposal with the contract unit prices and the effective date, signed by the Director, may be substituted. This shall apply only to those cases where the unit prices are established in the contract or where the Contractor has submitted an acceptable quotation to the City.

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

Implementing these changes:

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

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

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

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

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

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

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

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

EQUIPMENT, MATERIALS AND VEHICLES

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

EQUIPMENT NOISE
City noise level requirements shall apply to all equipment on the project or related to the project including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.

WATER USAGE
The discha reading to she state rain system a sine racies error ra Runoff Pollution Control Regulations, and under the Federal Clean Water Act.

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

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

LABOR

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

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

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

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

provisions of said Labor Code.

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

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

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

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

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

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

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

PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision as to furnish proper surveillance of Ted suparvisor or hisher reptesentate shall heck with the Department of Public WORS weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance.

City of Laguna Niguel - Public Works Department

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

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

CONDUCT
No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol or drugs, which fails or otherwise retuses 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.

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

MINIMUM MANPOWER
Failure of the Contractor to comply with, Contractor proposed minimum manpower, will result in a deficiency deduction of One Hundred Dollars ($250.00) per person, per day.

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

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

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

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

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

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

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

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
The contractor must possess a valid C61/35 Pool Specialty, C4 Boilers and C36 Plumbing license.

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

INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. The Contractor shall not commence any work under this contract until he has secured all insurance required by this section nor shall he allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained.

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

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

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

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

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

UNIFORMS AND APPEARANCE
All Contractor's personnel shall be required to wear uniforms bearing company name while performing work under the contract. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name. Safety vests shall be not considered as part of the uniform but shall be required in compliance herein.

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

PROSECUTION OF THE WORK

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

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

Consent will not be given to any proposed assignment or delegation which would relieve the Contractor or its surety of their responsibilities under the contract, nor will the City consent to any assignment or delegation of a part of the work under contract. The Contractor may assign monies due or to become due under the contract, and such assignment will be recognized by the City if given written notice thereof, to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the City and to all deductions provided for in the contract. All money withheld whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

GENERAL ENVIRONMENTAL REQUIREMENTS

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

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

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

City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

the Contractor.

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

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

WATER POLLUTION
In accordance with the provisions of the City of Laguna Niguel Local Implementation Plan, the Contractor shall comply with all surface and groundwater protections rules, regulations, ordinances and statutes and shall implement all appropriate Best Management Practices during the course of work. Discharges of sediment or pollutants to surface or groundwater are prohibited and Contractor will be held fully responsible for any penalties enforced under Federal Clean Water Act provisions.

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

PAYMENT

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

AS NEEDED SERVICES
Fees for work performed by the Contractor on an hourly basis for additional work as on- call for as needed services shall not exceed the amounts shown on the Proposal Fee Sheet - Labor.

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

City of Laguna Niguel - Public Works Departmer
'ool Maintenance and Repair Service

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

A. Invoice number
B. Facility name, month of services, and any additional work City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

PROPOSAL FEE SHEET: LABOR
RFP : Pool Maintenance and Repair Services
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name: Waterline Technologies Inc
Authorized Representative: Tom Berrey
Title: General Manager
Email Address: [email protected]
Address: 620 Santiago Street
City, State, and Zip Code: Santa Ana, CA, 92701
Telephone: 714-564-9100
This bid shall consist of two separate components:

Monthly, Quarterly, Bi-Annual and Annual Pool Preventative Maintenance Services, which is described in this RFP, will be bid at an annual total amount. Year 1 is from 10/01/2023 to 06/30/2024. Year 2 is from 07/01/2024 to 06/30/2025. Year 3 is from 07/01/2025 to 06/30/2026. Year 4 is from 07/01/2026 to 06/30/2027. Year 5 is from 07/01/2027 to 06/30/2028.

Term Firm Fixed-Price Per Year Notes
Year 1 10/1/2023 - 06/30/2024
48,600
Year 2 07/1/2024 - 06/30/2025 $ 60,200
Year 3 07/1/2025 - 06/30/2026 $ 60,200
Year 4 (Option) 07/1/2026 - 06/30/2027 $65,000
Year 5 (Option) 07/1/2027 - 06/30/2028 $ 65,000
The City reserves the right to extend the term of this contract for two (2) additional one (1) year extensions subject t satisfactory negotiation of terms and the annual availability of an appropriatior City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services

• As-needed Pool Maintenance and Repair Services
Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associate cost.

Supervisory: is the cost per hour for one supervisory or journeyman/master personnel including all associated cost.

Markup on Materials: is the percent added to the actual wholesale (no retail pricing will be accepted) cost of materials or special equipment rental.

Supervision Ratio: What is the time ratio of supervision to labor staff personnel needed on any given project under this contract, assume 100% of total staff time. Example:

S=20% L= 80%
Service Type Performance Response Minimum Hourly Rate
Period Time Charge Per Visit
Standard Regular Hours 2-4 Hours, $185 hourly rate $185.00 Service M-F, 8a.m.-5p.m. excluding plus $60 travel fee
weekends and
holidays
Standard after After Regular Hours, 2-4 Hours, $185 hourly rate $185.00 Hour Service Weekends and including plus $60 travel fee holidays weekends and
holidays
Emergency Regular Hours 1-2 Hours 227.50 hourly rate
Service M-F, 8a.m.-5p.m. lus $60 travel fee $277.50
Emergency after After Regular Hours, 1-2 Hours $227.50 hourly rate Hour Service Weekends and plus $60 travel fee
holidays $277.50
18 Markup on Material Cost .--%
Supervision Ratio S=----.. L=—.

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

Thomas R Berrey Date: 7/24/2023
By:

Signature of Representative
City of Laguna Niguel - Public Works Department
Pool Maintenance and Repair Services