20231107_10_Banner Installation and Maintenance — Laguna Niguel City Council, November 7, 2023

CITY OF LAGUNA NIGUEL
CITY COuNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: November 7, 2023
SUBJECT: Award of Maintenance Services Agreements for Citywide Street Banner Installation and Maintenance Services to Creative Commercial Services

RECOMMENDATION
Staff recommends that the City Council:

1. Award the Maintenance Services Agreement for Citywide Street Banner Installation and Maintenance Services to Creative Commercial Services in the not- to-exceed amount of $75,000 per year for Fiscal Years 2023-24 through 2025-26, 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 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with Creative Commercial Services for a total not-to-exceed amount of $90,000 per year, if needed; and,

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

BACKGROUND
The City of Laguna Niguel is committed to providing a vibrant quality of life for the community. To provide the community with an aesthetically pleasing environment, the City installed 356 banners on streetlight poles located on Crown Valley Parkway, Moulton Parkway/Golden Lantern and Alicia Parkway. The City also installed banners within Crown Valley Community Park and along the roadway leading up to Niguel Hills Middle School. To properly maintain and keep the banners and hardware in good condition, the City contracts banner installation and maintenance services.

Contract services play a key role in the delivery of maintenance as they provide access to expert service that is efficient, responsive, and available as needed. In support of City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan, the Public Works Department relies on maintenance and repair services to maintain all City owned infrastructure.

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ANALYSIS
Because the term of the current contract for street banner installation and maintenance is complete, staff published a Request for Proposals (RFP) (Attachment "A") in September 2023 to identify the most qualified contractor to provide street banner installation and maintenance services for the City. The goal of the RFP was to award a qualified contractor to adequately fulfill the City's needs and respond to repair requests quickly and efficiently.

The RFP for Citywide Street Banner Installation and Maintenance required bidders to provide pricing for monthly banner storage and monthly banner inspections, and rates for banner removal/installation, banner cleaning and minor repairs, installation of replacement hardware to include cost of hardware, and banner fabrication. The proposed rates and maintenance costs include all labor, tools, materials, and equipment necessary to provide these services.

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

Banner Monthly Banner
Evaluation Removal/ Inspection Fabrication
Contractor Install (Per (Per (Per
Ranking
Banner) Inspection) Banner)
Creative Commercial Services $48.00
1 $28.50 $0.00
(Recommended)
Bapptre Landscaping, Inc. dba 2 $46.00 $20.00 $136.00
Shine Illumination
Square Signs LLC dba 3 $41.00 $1,200.00 $92.00
Front Signs
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. After a thorough review of the proposals received and based on all relevant factors, staff believes Creative Commercial Services represents the best overall value to provide street banner installation and maintenance services to the City.

The results of the RFP process confirmed that Creative Commercial Services' pricing is at or below fair market rates. Over the past five years, Creative Commercial Services has provided the City with quality and responsive street banner installation and maintenance services.

Staff recommends that the City Council award a Maintenance Services Agreement to Creative Commercial Services in the not-to-exceed amount of $75,000 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional

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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 (Attachment "C").

At the Strategic Plan Workshop in February 2024, staff will discuss a proposal and timeline for new banner designs and branding.

ALTERNATIVES CONSIDERED

1. The City Council may direct staff to reject all proposals and rebid the RFP for Citvwide Street Banner Installation and Maintenance services. Staff believes that rebidding the RFP will not result in more desirable bids.

2. The City Council may decide not to approve any contracts for Citywide Street Banner Installation and Maintenance services. This alternative is not recommended because the City would not have a contractor to address any banner or banner hardware damage or repairs and the City's Holiday Banner installation schedule would be delayed.

FISCAL REVIEW
The Fiscal Year 2023-24 Public Works Department budget includes sufficient funds for the street banner installation and maintenance services to be provided by Creative Commercial Services. Subject to City Council approval, funding for future street banner installation and maintenance services will be budgeted in subsequent fiscal years.

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

CONCLUSION
Staff recommends that the City Council:

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Tamara S. Letourneau
City Manager
lel Everett
Kelli Everett
Senior Management Analyst
Attachments:

A. RFP for Citywide Street Banner Installation and Maintenance B. Proposal Evaluation Summary
C. Maintenance Services Agreement with Creative Commercial Services

ATTACHMENT A
RFP for Citywide Street Banner Installation and Maintenance

SEA COUNTRY
1989

CITY OF LAGUNA NIGUEL

REQUEST FOR PROPOSALS FOR

CITYWIDE STREET BANNER INSTALLATION AND MAINTENANCE
Proposals must be received by:

Due Date: October 16, 2023
At 2:00 P.M.
1 Contents
INSTRUCTIONS TO PROPOSERS 5
SCOPE OF SERVICES 12
INTRODUCTION. 12
QUALIFICATION 12
PROJECT INFORMATION 12
SCOPE OF WORK/SERVICES 13
CONTRACT TERM 16
INITIAL YEARS OF SERVICE 16
NINETY CALENDAR DAYS EXTENSION OPTION 16
REDUCTION 16
EQUIPMENT, MATERIALS AND VEHICLES. 18
VEHICLES 18
VEHICLES LOGO 18
EQUIPMENT NOISE 18
WATER USAGE 18
DAMAGES 18
LABOR

LABOR CODE

PREVAILING WAGE

TRAVEL AND SUBSISTENCE PAYMENTS
WORKER'S COMPENSATION..

FAIR EMPLOYEMENT PRACTICES

RECORDS

PERSONNEL

SUPERVISOR
GENERAL EMPLOYEE GUIDELINES.

BACKGROUND
CONDUCT..

HEALTH

KEY PERSONNEL

NON-DISCRIMINATION
REMOVAL OF ITEMS..

TRAINING
RESPONSIBILITIES OF THE CONTRACTOR..

LICENSES/PERMITS
CONTRACTOR'S OFFICE/FACILITIES.

INSURANCE
2 SAFETY 23
PROTECTION AND RESTORATION 24
UNIFORMS AND APPEARANCE 24
WORKSITE LIMITS 24
PROSECUTION OF THE WORK 25
SUBCONTRACTS 25
ASSIGNMENT 25
GENERAL ENVIRONMENTAL REQUIREMENTS. 26
SOUND CONTROL 26
AIR POLLUTION.. 26
WATER CONSERVATION 26
WATER POLLUTION 26
PAYMENT 27
MONTHLY 27
AUTHORIZATION TO PERFORM SERVICES 27
INVOICING 27
RESPONSES TO SCOPE OF SERVICES 28
PROPOSAL FORM 29
PROPOSAL FEE SHEET 31
SUBCONTRACTORS 32
QUESTIONNAIRE: FIRM INFORMATION 33
QUESTIONNAIRE: FIRM EXPERIENCE 35
QUESTIONNAIRE: FIRM PERSONNEL 37
QUESTIONNAIRE: EQUIPMENT... 38
QUALITY CONTROL PLAN........ 39
QUESTIONNAIRE: SUPPORT FACILITIES. 40
QUESTIONNAIRE: COMPANY FINANICAL CONDITION 41
PROPOSAL AFFIDAVIT... 42
PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS 43
STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS 44
3 WORKERS' COMPENSATION ACKNOWLEDGEMENT FORM 45
BANNER LOCATION MAPS.......... EXHIBIT A

BANNER INVENTORY BY STREET SEGMENT EXHIBIT B

SAMPLE MAINTENANCE SERVICES AGREEMENT EXHIBIT C

SAMPLE CERTIFICATE OF INSURANCE EXHIBIT D
Remainder of page intentionally left blank.
4 INSTRUCTIONS TO PROPOSERS
Purpose. The City of Laguna Niguel ("City") is seeking proposals for citywide street banner maintenance and installation services as described in the 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.

Examining of Proposal Documents.

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

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

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

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.

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. Acknowledge that no request for modification of the proposal shall be 5 considered after its submission on grounds that Proposer was not fully informed to any fact or condition.

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

Measurements - Contractor's (Proposer's) Responsibility. It is the Contractor's responsibility to verify all measurements, materials or any other information pertaining to this RFP service. Furthermore, it is the proposer's responsibility 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 PlanetBids.com. The City is not responsible for the accuracy or completeness of RFP documents obtained from any source other than PlanetBids.com.

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 Dates
City Release of RFP September 27, 2023
Pre-Bid Meeting None
RFP Questions Due 10:00 A.M.
*Must be submitted on PlanetBids October 4, 2023
Addendum Issuance with answers to all RFP 5:00 P.M.

Questions submitted by deadline October 11, 2023
Proposal Due 2:00 P.M.

Submitted on PlanetBids October 16, 2023
Notification of Intent to Award On or around October 31, 2023 Tentative Contract Approval by City Council On or around November 7, 2023 Commencement of Services On or around November 15, 2023

9. RFP Questions and Inquires. Questions and inquiries must be submitted to the PlanetBids online portal and are due as noted in the table above. 6 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 PlanetBids.com and the City's posting of Addenda on this webpage is deemed as the City's distribution of Addenda.

C.
proposal to be deemed non-responsive.

11. Pre-Bid Meeting.

There will be no pre-bid meeting. All banner locations are publicly accessible (see Exhibit A - Banner Location Maps). The proposer shall be responsible for familiarizing themselves with the locations and determining any pertinent logistical or equipment needs related to the scope of work and work locations.

12. Submittal of Proposals.

All proposals shall be submitted through the PlanetBids online portal.

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.

The date and time of the submitted proposal shall be the official record of receipt.

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

C. No -facsimiled emailed submittals will be accepted.

D. The proposal must be submitted in PDF (Adobe Acrobat) format.

E. 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. 7 EVALUATION CRITERIA POINTS
Cost to the City
This portion of the proposal will be evaluated based on the reasonableness of the proposed costs. Costs will be evaluated on 35 costs the City or other comparable public agencies have paid for similar services, and in accordance with what is to be considered with the industry's standard and customary costs for the Services.

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

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

Contractors failing to provide adequate information on any issue in a timely manner necessary to allow a comprehensive evaluation by the City will be considered unresponsive and their proposals may be subject to rejection at the City's sole discretion.
*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. City's Right to Negotiate. The City reserves the right to negotiate with the top- ranked Contractor on any aspect of the services and products (if applicable) at its sole discretion. In the event that information or pricing submitted by the Contractor is unclear to the City, the City may request additional information and/or pricing breakdowns from that Contractor. The Contractor must answer, in writing, such requests for additional information and/or clarification; these responses will become part of the -Contractor's proposal.

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

16. 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 Intent to Award from the City's Public Works Department to the successful Contractor.

17. 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 that the awarding authority has approved award to the Contractor has been sent by email to the address given in its proposal. The contract shall be made in the form adopted by the City, a sample of which has been provided herein as Attachment C.

18. 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 evaluation 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. 9 19. Withdrawal of Proposals. Contractor may withdraw their proposal any time before the date and time when proposals are due, without prejudice, by submitting a written request for withdrawal to the City Public Works Director or their designee. Verbal withdrawal requests or withdrawal requests by telephone will not be accepted by the City.

20. 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.

21. Submittal of References. Each Contractor shall submit a list of no less than three (3) references on the form provided in the RFP package.

22. 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 Contractors regarding to the amount, terms or conditions of this proposal.

Any attempt to improperly influence any member of the 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.

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

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

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

24. 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 Contractor is required to complete the "Statement of Ability to Meet Insurance Requirements" form as part of the Proposal submittal.

The Contractor is required to complete the "Worker's Compensation Acknowledgement" form as part of the Proposal submittal. 10 C. A sample of the Certificate of Insurance is provided for reference.

25. 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:

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

26. 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.

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

28. 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 be disclosed, or that the proposal contains trade secrets or confidential, proprietary information, shall have no force or effect and shall be disregarded.

However, following submission of proposals, no submitted proposal shall be publicly disclosed until: (i) a recommendation to award a contract to a specific proposer is made to the City Council; (i) all proposals are rejected; or (iii) the procurement process is terminated.

END OF INSTRUCTIONS TO PROPOSERS
11 SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel is seeking an experienced firm/company to provide citywide street banner maintenance services, including banner and associated hardware installation and removal, fabrication, cleaning, repair, and storage.

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

QUALIFICATION
Contractor shall provide a detailed Scope of Services as part of the Quality Control Plan demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• Minimum of five (5) full years of experience with similar work • Work experience with Cities, Counties, or other local government agencies • Contract services in an amount greater than $60,000 annually • D-42 Sign Installation License is highly desirable

PROJECT INFORMATION

1. Maps and Exhibi - Banner invendory by Street See Exhibit A" - Banner Location

1.1. General City Street Banners. A total of 356 banners located along Golden Lantern, Alicia Parkway and Crown Valley Parkway. Three designs ("Spring," "Holiday," and "Stars and Stripes") are changed out seasonally as described in subsection 3 (Banner Installation and Removal Schedule) below.

1.2. Crown Valley Park Banners. A total of 64 banner locations in Crown Valley Park.

Banner design remains the same year-round.

1.3. Niguel Hills Middle School Banners. A total of 13 banners located along Shark Bay and Golden Lantern adjacent to Niguel Hills Middle School. Banner design remains the same year-round.

2. Banner and hardware specifications.

2.1. All banners are either 30" (inch) wide by 60" (inch) long (Crown Valley Park banners), 24" (inch) wide by 96" (inch) long (Niguel Hills Middle School Banners) or 30" (inch) wide by 72" (inch) long (General City Banners) digitally printed on both sides. Existing banners are fabricated with black-out vinyl fabric with 4"(inch) reinforced pole pockets on the top and bottom. There is one (1) set of 12 hardware per two (2) banners.

2.2. The preferred hardware is "Windspill banner hardware, with stainless steel bases and white pultrude fiberglass banner arms to be secured to the street light pole with stainless steel banding. A few existing street light poles are fitted with "Bannerflex" hardware, which is supplied by Sierra Display, Inc. All new anc replacement banner hardware shall be "Windspill" hardware.

3. Banner Installation and Removal Schedule. This schedule applies to the General City Street Banners only.

Task Schedule
Remove Holiday Banners; Mid-January
Install Spring Banners (shall be completed prior to January 15) Remove Spring Banners; Mid/Late-May
Install Stars & Stripes Banners (shall be completed prior to Memorial Day) Remove Stars & Stripes Banners; Mid/Late-November
Install Holiday Banners (shall be completed prior to Thanksgiving holiday)

SCOPE OF WORK/SERVICES

1. Services to be provided by Contractor, include but are not limited to:

1.1. Banner installation and removal. Contractor shall be responsible for installing and removing General City Street Banners according to the schedule provided under "Project Information," subsection 3 (Banner Installation and Removal Schedule). The Contractor shall obtain an Encroachment permit from the Public Works Department and provide traffic control as described in subsections 2.3 and 2.4 below.

1.1.1. Hardware. The banner hardware shall be installed/reinstalled on existing street light poles within the City.

1.2. Banner cleaning, repair, and storage. Upon removal of banners, the Contractor shall inspect removed banners for defects, stains, tears, and other damage. Contractor is responsible for washing and drying banners and providing any necessary minor repairs prior to storage. Contractor shall store all banners when not in use. The total number of banners to be stored is approximately 712 banners (two designs, 356 banners each).

1.3. Banner fabrication.

1.3.1. "Spring" design banners. Contractor shall be responsible for fabrication 356 "Spring" design banners per the specifications provided in subsection

1.3.3 below. The final design shall be provided by the City. Fabrication 13 shall be completed by January 1, 2024, to ensure banners are ready for installation in mid-January.

1.3.2. Replacement Banners. Contractor shall be responsible for fabricating replacement banners as necessary to replace damaged or faded banners that are unable to be repaired. Replacement banners shall be fabricated per the specifications listed in subsection 1.3.3 below.

1.3.3. Banner specifications. All banners shall be digitally printed onto black- out vinyl fabric. General City Street banners are 30" (inch) wide by 72" (inch) long. Niguel Hills Middle School banners are 24" (inch) wide by 96" (inch) long. Crown Valley Park banners are 30" (inch) wide by 60" (inch) long. All banners have 4" (inch) reinforced pole pockets on top and bottom. The design shall be printed on both sides. Artwork will be provided by the City.

1.4. Regular inspections. Contractor shall conduct visual inspections at all banner locations at least once per month to assess whether any banner and/or hardware maintenance or repair is necessary. Contractor shall also ensure banners are tightly secured by the hardware.

1.5. Banner and banner hardware maintenance and repair. Contractor is responsible for maintaining all banners and banner hardware in good condition throughout the term of the Agreement. Banners shall be maintained free of fading, rips, and stains. Hardware shall be maintained in working condition and free of any damage. In addition to cleaning and repairs as described in subsection 1.2 above, the Contractor shall make repairs to damaged or faded banners and hardware as necessary when identified during regular monthly inspections or upon notification from City staff. Any banners that are damaged beyond repair, shall be replaced per the specifications in subsection 1.3.3 above.

Replacement hardware shall be "Windspill" banner hardware, with stainless steel bases and white pultrude fiberglass banner arms, to be secured to the street light pole with stainless steel banding.

2. Performance criteria. The Contractor shall adhere to the following performance criteria in the execution of the services listed in Section 1 above.

2.1. Warranty. All banners fabricated by the Contractor and all replacement hardware installed by the Contractor shall be warranted for a minimum of two (2) years from the date of installation. Banners or hardware faded or damaged within the warranty period shall be replaced by the Contractor at no cost to the City.

2.2. Work hours. Banner installation and removal shall be limited to non-peak travel hours Sunday through Thursday, preferably between 10:00 p.m. and 5:00 a.m, so as to minimize vehicular traffic disruption. The Contractor shall receive prior approval by the Public Works Department through the encroachment permit process. At least 48 hours prior to commencing any work in all cases, Contractor shall notify the City through its permitting system.
14 2.3. Encroachment permit required. Encroachment permits are required by the City Public Works Department any time the Contractor is working in the public right- of-way. The encroachment permit serves to notify the City of the location and nature of the work and to ensure traffic control and other safety protocols are in place. Encroachment permit fees will be waived.

2.4. Traffic control. Traffic control shall be provided any time the Contractor is working in the public right-of-way, including during the installation and removal of street banners. Traffic control shall include pedestrian control in locations with pedestrian traffic. Traffic control methods shall conform to the standards and specifications of the California Manual on Uniform Traffic Control Devices (MUTCD). The Contractor shall provide all labor, materials, and equipment necessary to provide effective traffic control as specified in the MUTCD. Upon completion of the work, the Contractor shall promptly remove all traffic control devices.

2.5. Coordination with other Contractors. The Contractor shall coordinate with other Contractors working within the public right-of-way, if applicable, prior to scheduling or performing banner installation and removal.

2.6. Litter and debris removal. Contractor shall remove and properly dispose of all litter and debris generated by the Contractor during performance of on-site work, at the Contractor's expense. Contractor shall prevent any litter or other debris from being blown or swept on private property, storm drains, or streets.

2.7. Relinquishing of banners and hardware. Upon expiration or termination of the term of the contract, Contractor shall return to the City, at no additional cost, any and all City banners and spare hardware in the possession of the Contractor, and any Artwork files.

3. Equipment and Tools

3.1. The Contractor shall furnish and transport all the proper equipment and tools required to perform the work as described herein.

3.2. All equipment shall be kept in good repair and conform to all state and local laws.

3.3. All equipment shall be stored at Contractor's facility when not in use. City may allow for minimal, short-term storage of Contractor's equipment, subject to prior approval; however, storage space for Contractor's equipment is not guaranteed.

3.4. All equipment shall conform to all requirements under the Equipment, Materials, and Vehicles Section of this RFP.

4. Travel Time to/from Work Locations. Travel time to and from the work location(s) will not be paid.
15 CONTRACT TERM

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

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

Any and all requests for price adjustments for follow-on contract 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 CPl 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. All Items not seasonally adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year (This information may be found on the U.S. Department of Labor's website at www.bls.gov.)"
The Contractor will be notified of the City's intention to extend the contract at least 30 calendar days prior to the expiration date of the contract.

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 major street construction, 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 street banner maintenance operations may be resumed.

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 16 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 an amendment which shall clearly state the effective date of the change. Due to acceptance time frame difficulties, it will not always be possible to have a fully executed amendment to the Contractor on the effective date.

In lieu of the executed amendment, the Request for Proposal with the contract unit prices and the effective date, signed by the Public Works 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
specifications with no corresponding changes in
compensation. Changes in this category shall be changes for clarity or of a minor nature with no impact on contract costs. In all cases these changes must be accepted by the Contractor and the City.

Changes in contract specifications with a corresponding change in compensation.

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

Implementing these changes:

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

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

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

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 to be implemented.

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

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

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

VEHICLES LOGO
Contractor shall display the name of their firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name and office telephone number shall be in letters and numbers large enough to be easily legible from fifty (50) feet. City will provide Contractor with a magnetic City logo(s) to display on any vehicles while performing work within the City.

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 avoided 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.

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18 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 two hundred dollars ($200) for each calendar day or portion thereof if such laborer, workmer, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by - Contractor or by any subcontractor under the Contractor, in violation of the provisions of said Labor Code.

TRAVEL AND SUBSISTENCE PAYMENTS
The Contractor shall pay travel and subsistence payments to workers 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 their 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. action shall include, but not be limited to employment, upgrading, demotion, transfer, 19 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 an 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 workers 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.

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20 PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision as to furnish proper surveillance of 'orkmanship and adherence to the schedule by the employees performing the work. Th eld supervisor or -their representative shall check with the Department of Public Work monthly as to (1) schedule of work, (2) complaints, and (3) adequacy of performance.

GENERAL EMPLOYEE GUIDELINES
No worker shall be employed on any work under these specifications who is found to be 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.

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 of alcohol or drugs on aiy at sive within thic. Neither shall the Contractor allow the use

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.
21 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, in writing, by the City of Laguna Niguel.

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.

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22 RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
Possession of a D-42 Sign Installation License is highly desirable and preferred.

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 that:
• Twenty-four-hour emergency notification to Contractor by the City is possible All calls are returned within one (1) hour
: All calls are tell tree from Laguna Niguer

INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. The Contractor shall not commence any work under this contract until they have secured, and provided City with sufficient proof of coverage, all insurance required by the contract nor shall they allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been 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 their 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 Public Works representative overseeing the work and followed by confirmation in writing. 23 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 the 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 -bearing the company name and/or logo. Safety vests shall be not considered as part of the uniform but shall be required in compliance herein.

WORKSITE LIMITS
All operations shall be restricted to the City right-of-way, and 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.

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24 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 tavor 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.

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25 GENERAL ENVIRONMENTAL REQUIREMENTS

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

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

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

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

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

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

WATER POLLUTION
In accordance with the provisions of the City of Laguna Niguel Local Implementation Plan, the Contractor shall comply with all surface and groundwater protections rules, regulations, 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. 26 Copies of the above referenced documents are available from the Public Works Department.

PAYMENT

MONTHLY
al competed work murih, that Colmantor shall submit an invoice, which shall summarize

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

INVOICING
The Contractor shall EMAIL the monthly invoice and supporting documentation, summarizing all completed work on standard Company letterhead forms, in a single PDF (Adobe Acrobat) format file to [email protected].

Payment will be made subject to approval by Kelli Everett and City Council via the City's warrant register process.

The invoice shall include the following, at a minimum:

A. Invoice number
B. Work location, month of services, and any additional work C. Contract Amount, Total Billed to Date, Remaining Balance Example:

Total Contract Amount $ 160,000.00
Total Billed to Date $ 148,846.64
Remaining Balance $ 11,153.36
27 RESPONSES TO SCOPE OF SERVICES
Proposers shall complete all forms and questionnaires as provided in this RFP. Failure to submit the required documents in the order provided below may render the proposal unacceptable and may not be considered for evaluation.

Proposal Package shall be bound in the following order:

Contents:

A. Proposal Form
B. Proposal Fee Sheet
C. Subcontractors Form
D. Questionnaire: Firm Information; must attach firm/company Organization E. Questionnaire: Firm Experience
F Questionnaire: Firm Personnel
G. Questionnaire: Equipment
H. Submit a Quality Control Plan
I. Questionnaire: Support Facilities
J. Questionnaire: Company Financial Condition
K. Proposal Affidavit
L. Past Contract Disqualification/Termination
M. Statement of Ability to Meet Insurance Requirements; must attach firm/company Certificate of Insurance
N. Worker's Compensation Acknowledgement Form

2. Contractor's Proof and Other Information
A. Company W-9
28 PROPOSAL FORM
RFP: CITYWIDE STREET BANNER INSTALLATION AND MAINTENANCE 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 their initials or the 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. 29 Signed statement attesting that all information submitted with the proposal is true and correct.

E. Proposal is to provide street banner installation and maintenance services as described in the Request for Proposal.

Contractor is responsible for familiarizing themselves with all banner locations and determining any pertinent logistical or equipment needs related to the scope of work and work locations prior to 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 ogether with the signature of an authorized officer or agent; if Contractor is a partnership he true name of the firm shall be set forth above, together with the signature of the partne or partners authorized to sign contracts on behalf of the partnership; and if Contractor is an individual, his sianature shall be placed above.

REPRESENTATIVE, the duly authorized officer shall sign as follows:

Corporation Name
Name Authorized Representative Title
Signature Date
30 PROPOSAL FEE SHEET
RFP: CITYWIDE STREET BANNER INSTALLATION AND MAINTENANCE The Contractor should reference the scope of services provided in the RFP to ensure all required aspects of each task are included when calculating unit costs.

BASIC TASKS UNIT COSTS'
Banner removal/installation $ /banner
Banner cleaning and minor repairs? $ /banner
Installation of replacement hardware3 $ /location
Monthly inspection of all banner locations+ /inspection Banner storages $ /month
Banner fabrication $ /banner
. Unit costs to include labor at prevailing wage plus all overhead, equipment, and materials Task includes washing, drying, stain removal, and minor repairs to prepare banners for storage o reinstallation (if the banner has been removed for repairs as a result of damage identified during a routine inspection or by City staff).

Task includes cost of replacement hardware and installation.

Lump sum for inspection of all locations throughout the City.

5. Lump sum for storage of all banners when not in use (approx. 712 banners).

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
31 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 - 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:
32 QUESTIONNAIRE: FIRM INFORMATION

1. Legal Name and Address
Name:

Address:

City: State: Zip Code:

2. is preposide the name and contact information of the person authorized to submit Name:

Title:

Contact No.:

Email:

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

4. If a corporation, state the following:

Date of Incorporation: State in which Incorporated:

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

6. Name and Title of Principal Officers:

Name Title of Principal Officers

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

8. The length of time in business: _ years

9. Total number of employees:
33 10. Any former address or parent company? • Yes • No Provide the locations of other offices, if applicable.

Location:

Provide -parent company information, if applicable.

Company:_
Location:

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

PLEASE ATTACH YOUR ORGANIZATION CHART BEHIND THIS PAGE. 34 QUESTIONNAIRE: FIRM EXPERIENCE
Provide at least three (3) project references of similar character and size completed in the last ten (10) years. State if the client was a commercial, educational facility, entertainment facility, government facility (cities, counties, courts, etc.), healthcare facility, hospitality facility, or industrial facility. The term "completed" means accepted and final payment received from the owner or authorized representative. The term "similar 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.

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:
35 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:
36 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.

This form may be duplicated if additional space is required.

Staff - President
Title:

Level of Education/Degree Obtained: Years of Experience:

Provide applicable experience:

Staff - Supervisor
Title:

Level of Education/Degree Obtained: Years of Experience:

Provide applicable experience:

Staff - Foreperson
Title:

Level of Education/Degree Obtained: Years of Experience:

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

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

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

ATTACH A PHOTOGRAPH OF EACH PIECE OF EQUIPMENT BEHIND
THIS PAGE.

Vehicle Manufacturer and Model # Quantity
38 QUALITY CONTROL PLAN
The Bidder must submit a Quality Control Plan with the Proposal.

This should include:

The means the Contractor will use for completing the services.

2. Effective means of correcting any problems.

Identification of the entire scope of the services 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 39 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:
40 QUESTIONNAIRE: COMPANY FINANICAL CONDITION
ANSWER THE FOLLOWING QUESTIONS. FAILURE TO PROVIDE BACK-UP TO A "YES" ANSWER MAY RESULT IN DISQUALIFICATION.

1. Has the company (or any owner) ever defaulted on a contract forcing a surety to suffer 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 that was terminated by the owner, owner's representative, or other contracting party, 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 that have been done or are being done by the company?
• No • Yes
If Yes, explain on a separate paper and attach to this questionnaire form

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

7. Debarred Statement: Has this firm, or any principal(s) ever been debarred from providing any services by the Federal Government, any state government, or any local government agency?
• No • Yes
If Yes, explain on a separate paper and attach to this questionnaire form Initials If Contractor answered "Yes" to any of the above questions, please attach a detailed explanation, including dates, circumstances and current status. 41 PROPOSAL AFFIDAVIT
RFP: CITYWIDE STREET BANNER INSTALLATION AND MAINTENANCE 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 Citywide Street Banner Installation and Maintenance Services required for all City owned street banners.

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

Signed Date
Company Name:

Street Address:

City, State, and Zip Code:

Telephone No.:
42 PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS
The Proposer is required to state any and all instances of being disqualified, removed, or otherwise prevented from proposing on or completing any contract for construction.

Have you ever been disqualified or terminated from any contract? • No • Yes
If yes, provide the name and address of the 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
43 STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS
I and the insurance brokers)/companyies) have reviewed the City of Laguna Niguel's Insurance Requirements as summarized below and in the Maintenance Services Agreement to provide verification of coverage after award, but prior to execution 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, and provided coverage on a primary and non-contributory basis, on the Commercial General Liability and Comprehensive Automobile Liability policies, documented by a written endorsements).

The policies must carry a 30-day notice of cancellation (10-day notice of non-payment of premium) to Certificate Holder clause.

Waiver of Subrogation clause is applicable to all coverage, documented by a written endorsement.

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 and 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 a "per 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).

By:

Signature of Representative Date
44 WORKERS' COMPENSATION ACKNOWLEDGEMENT FORM
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:
" 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."
Company Legal Name
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 mor surers duly authorized to write compensation insurance in this stat (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."
45 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.
46 EXHIBIT A

BANNER LOCATION MAPS
Legend
Center Median
Crown Valley Park
Niguel Hills Middle School
Current Banners
City of Laguna Niguel
Quantity Quantity Quantity Quantity • Pole exists,
= 6 = 6 = 28 = 24 no banner
= O
00°

CROWN VALLEY PARK
Street Banner Program (Map 1 of 2) N
1989
Quantity
= 8
Quantity
= 4

CROWN VALLEY PARK
Street Banner Program (Map 2 of 2)
Niguel Hills
Middle School
Niguel Hills Middle School
Street Banner Program

EXHIBIT B

BANNER INVENTORY BY STREET SEGMENT
Street Segment Hardware (Quantity) | Banners (Quantity)

CROWN VALLEY PARKWAY
Camino Del Avion to West Nine Drive (S) 12 24
West Nine Drive (S) to Club House Drive 15 30
Club House Drive to Via Valle 12
Via Valle to Alicia Parkway 3 6
Alicia Parkway to Community Park 8 16
Community Park to La Plata Drive 10 20
La Plata Drive to Adelanto Drive 5 10
Adelanto Drive to Golden Lantern/Moulton Parkway 5
Golden Lantern/Moulton Parkway to Greenfield Drive 13 26 Greenfield Drive to Cabot Road 6
SUBTOTAL 89 178

GOLDEN LANTERN
Camino Del Avion to Old Ranch Road 13 26
Old Ranch Road to St. Christopher (S) 17 34
St. Christopher (S) to Chapparosa Park 18 36
Chapparosa Park to Crystal Cay 5 10
Crystal Cay to Paseo De Colinas
SUBTOTAL 58 116

MOULTON PARKWAY
Crown Valley Parkway to Rancho Niguel Road 12 24
Rancho Niguel Road to Aliso Creek Road 7 14
Aliso Creek Road to Northern City Boundary 12 24
SUBTOTAL 31 62
GRAND TOTAL 178 356
NOTE: The inventory above only includes General City Street Banners. Crown Valley Park and Niguel Hills Middle School banner counts are provided in the Project Information section of the Scope of Services and shown on the location maps provided in Exhibit "A."

EXHIBIT C

SAMPLE MAINTENANCE SERVICES AGREEMENT
The contract agreement is required by the awarded Contractor. For reference only, please review the sample maintenance services agreement on the following pages.

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE STREET BANNER INSTALLATION AND MAINTENANCE
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 _, 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 (specify license type);
Contractor's DIR registration number is Contractor confirms that its license is active as of the Effective Date of this Agreement and shall remain active for the duration of the Agreement.

RECIIALS:

A. The City requires Citywide Street Banner Installation and Maintenance services.

B. The City circulated a Request for Proposals, Citywide Street Banner Installation and Maintenance, on October 16,2023. 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.

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:

Scope of Services. Contractor shall perform the services and provide all labor, materials and equipment in a good and workmanlike manner, satisfactory to the 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 -1-
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 November XX, 2023 and this Agreement shall continue in full force and effect until June 30, 2026, subject to termination as provided in Section 19, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended by the City for two, one-year terms if the Contractor's performance is satisfactory and it is in the interest of the City.

4. Payment.

A. Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation; Method of Payment) for the not-to-exceed sum of XXXX This Agreement also includes a twenty percent (20%) contingency in an amount not-to- exceed XXXX ($XXXXX) per 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 XXXXX ($X,XXX.00) per 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 CP 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. 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.

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

Licenses; Standard of Care.

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

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

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

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

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

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

Legal Responsibilities.

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

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 shail 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, Security, workers 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 -4-
relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

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

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

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

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

F. Offset. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this

13. Liability Insurance.

Insurance Policies. Without limiting Contractor's indemnification of the City as described in Section 12, Contractor shall obtain and provide and maintain at its own expense during the term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed -5-
by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

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

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

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.
3) Intentionally Left Blank.
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 VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

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

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.

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.

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.

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.
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. -8-

14. State Labor Code: Prevailing Wage Requirements.

A. Public Works. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.

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

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 -9-
copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.

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

Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Section 1777.5 of the Labor Code requires Contractor or Contractors employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be 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 -10-
Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The • Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

Overtime. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

L. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Subcontractors. For every subcontractor who will perform work on the Prost Sor Code Sate 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 -11-
independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions arising out of the payment of prevailing wages by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

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

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

17. Warranty.

A. Warranty Period. The work shall be warranted by Contractor against defective materials and workmanship for a period of two years. 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 -12-
fails to make such replacement or repairs within the time specified in the notice, City may perform the replacement or repairs at Contractor's expense. If Contractor fails to reimburse City for the actual costs, Contractor's Surety shall be liable for the cost thereof.

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

18. Termination.

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

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 (i) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three -13-
(3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business lay after deposit with the courier for overnight delivery (unless the delivery servic ndicates to the sender that deliverv has not occurred, in which case delivery shall b deemed to occur when the delivery service indicates to the sender that it has actually occurred).

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

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, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (ii) 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"

COMPANY NAME
By:

Print Name: _
Title:

By:

Print Name:

Title:
-16-
EXHIBIT "A"

SCOPE OF SERVICES
SAMPLE
A-1
EXHIBIT "B"

SCHEDULE OF COMPENSATION
B-1
EXHIBIT "C"

FORM OF PAYMENT BOND
Form of Payment Bond (Labor and Materials)
C-1
Bond No.

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

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

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its C-2
subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

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

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

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

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

C-3

EXHIBIT D

SAMPLE CERTIFICATE OF INSURANCE
The insurance coverage required from the Contractor is specified in the sample maintenance services agreement and summarized in the Statement of Ability to Meet Insurance Requirements. For reference only, please review the sample certificate of insurance and supporting documentation on the following pages.

SAMPLE REQUIREMENTS PER THE MAINTENANCE SERVICES AGREEMENT ACORD® DATE (MM/DDIYYYY)

CERTIFICATE OF LIABILITY INSURANCE

DD/MM/YYYY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t he terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to th certificate holder in lieu of such endorsements).

Contact Name
PHONE Phone Number LAC, NO:

Insurance company/broker's name (A/C, No. Ext);
Business address E-MAIL
ADDRESS:

City, State, Zip Code INSURERS) AFFORDING COVERAGE NAIC # General Insurance Company Name Here NAIC#
INSURERA:

Auto Insurance Company Name Here NAIC#
INSURED INSURER B:

Worker's Compensation Company Name Here NAIC#
Contractor/Firm Name INSURER C:

Business address INSURER D:

City, State, Zip Code INSURER E :

CERTIFICATE NUMBER: 20-21 Master Liability REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS

TYPE OF INSURANCE
1,000,000

DAMAGE TO RENTED
CLAIMS-MADE OCCUR Insurance Policy Number PREMISES (Ea occurrence) mm/dd/yyyy mm/dd/yyyy
Y Y MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 2,000,000

X POLICY LOC PRODUCTS - COMPIOP AGG
OTHER: COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY (Ea accident) 1,000,000
Insurance Policy Number mm/dd/yyyy mm/dd/yyyy BODILY INJURY (Per person)

ANY AUTO
B ALL OWNED SCHEDULED BODILY INJURY (Per accident) $

AUTOS AUTOS
x NON-OWNED
_HIRED AUTOS AUTOS

UMBRELLA LIAB OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS MADE AGGREGATE

DED RETENTION S
WORKERS COMPENSATION * STATUTE I TERH

AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE Insurance Policy Number mm/dd/yyyy mm/dd/yyyy EL. EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) EL DISEASE - EA EMPLOYEE S 1,000,000
es, descnbe und
SCRIPTION OF OPERATIONS bel EL DISEASE - POLICY LIMIT s 1,000,000 Each claim
Each Occurrence
Please note, the written endorsements (policy forms) must be provided to this certificate.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Laguna Niguel HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I ICCORDANCE WITH THE POLICY PROVISION:

Attn: Risk Management
30111 Crown Valley Parkway AUTHORIZED REPRESENTATIVE
Laguna Niguel, CA 92677 MUST BE SIGNED.
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INSO25 (201401)
Contractual Risk Transfer Appendix D- Sample Forms [931 Common additional insured endorsements
POLICY NUMBER: COMMERCIAL GENE CG 20 10 0473
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULF
Name Of Additional Insured Person(s)
Or Organization(s) cation(s) Of Covered Operations
Information required to complete this edule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply:
anage ect personal and erasing merty This insurance does not apply to "bodily injury or "personal and advertising injury" "property damage" occurring after. caused, in whole or in part, by: including materials, parts or

1. All. work,

1. Your acts or omissions; or equipment furnished in connection with such work, on the project (other than service,
2 Tehaacts or omissions of those acting on your maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the additional at the location(s) location of the covered operations has been the insured(s)
designated above. completed; or
However.

1. Tured only apples to the to set perate sy
law, and
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Contractual Risk Transfer Appendix D - Sample Forms [94] POLICY NUMBER: OMMERCIAL GENERAL LIABILIT
:G 20 11 04 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - MANAGERS OR

LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designation Of Premises (Part Leased To You):

Name Of Person(s) Or Organization(s) (Additional Insur :

Additional Premium:

Information required to complete this Schedule, if ot shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to 2. If coverage provided to the additional insured include as an additional insured the person(s) or is required by a contract or agreement the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability arising out of the will not be broader than that which you are ownership, maintenance or use of that part of the required by the contract or agreement to premises leased to you and shown in the provide for such additional insured.

Schedule and subject to the following additional B. With respect to the insurance afforded to these exclusions: additional insureds, the following is added to This insurance does not apply to: Section III - Limits Of Insurance:

1. Any "occurrence" which takes place after you If coverage provided to the additional insured is cease to be a tenant in that premises. required by a contract or agreement, the most we

2. Structural alterations, new construction or will pay on behalf of the additional insured is the amount of insurance:
demolition operations performed by or on
behalf of the person(s) or organization(s) 1. Required by the contract or agreement; or shown in the Schedule. 2. Available under the applicable Limits of However. Insurance shown in the Declarations;

1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law, and applicable Limits of Insurance shown in the Declarations.

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J• P • I • A
Contractual Risk Transfer Appendix D - Sample Forms [951 POLICY NUMBER: COMMERCIAL GENERA 20120413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Po aa Sun ision:

Information required to complete this Schedu, if not shown above, will be shown in the Declarations.

A Section Il - Who Is An Insured is amended to 2. This insurance does not apply to:
include as an additional insured any state ОГ a. "Bodity injury". "property damage" or govemmental agency or subdivision or politcal "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: goverment, state or municipality, or

1. This insurance applies only with respect to b. "Bodiły injury" ог "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or govemmental agency or operations hazard". subdivision or political subdivision has issued a
permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to
However. Section III - Limits Of Insurance:
a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law, and will pay on behalf of the additional insured is the D. if coverage provided to the additional amount of insurance:
insured is required by contract ог 1. Required by the contract or agreement, or agreement, the insurance afforded to such
additional insured will not be broader than . Available under the applicable Limits o that which you are required by the contract surance shown in the Declarations or agreement to provide for such additional whichever is less.

This applicate Let or insurance shown the endorsement shall Declarations
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) • P • I • A
Contractual Risk Transfer Appendix D - Sample Forms [96] POLICY NUMBER: COMMERCIAL GENERG 20 4304 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE

OR GOVERNMENTAL AGENCY OR SUBDIVISION

OR POLITICAL SUBDIVISION - PERMITS

OR AUTHORIZATIONS RELATING TO PREMISES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Politica * bo. isic Information required to complete this Schedule, if st shown above, will be shown in the Declarations.

Section Il - Who Is An Insured is amended to However.
include as an additional insured any state or 1. The insurance afforded to such additional govemmental agency or subdivision or political insured only applies to the extent permitted by subdivision shown in the Schedule, subject to the
following additional provision:

2. If coverage provided to the additional insured is
This insurance applies only with respect to the required by a contract or agreement, the following hazards insurance afforded to such additional insured governmental agency or subdivision will not be broader than that which you are subdivision has issued a permit or authorization in required by the contract or agreement to connection with premises you own, rent or control provide for such additional insured and to which this insurance applies:

1. The existence, maintenance.
construction, erection or removal of advertising
awnings, canopies, cellar entrances.

If coverage provided to the additional insured is
required by a contract or agreement, the most we
amount ofinsuran of the additional insured is the

2. The construction, erection or removal of 1. Required by the contract or agreement: or elevators: or _ Available unde the applicable Limits of nsurance shown in the Declaration:

3. The cors covered by the ance d use of any whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

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J• P • I • A
Contractual Risk Transfer Appendix D- Sample Forms [971 POLICY NUMBER: OMMERCIAL GENERAL LIABILIT
G 20 26 04 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Sample
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property If coverage provided to the additional insured is and advertising injury
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting amount of insurance:
on your behalf:

1. Required by the contract or agreement or

1. In the performance of your ongoing operations; 2. Available under the applicable Limits of Insurance shown in the Declarations

2. In connection with your premises owned by or
rented to you. whichever is less.

However. This endorsement shall not increase the
applicable Limits of Insurance shown in the
I. The insurance afforded to such additiona Declarations. insured only applies to the extent permitted b

2. If coverage provided to the additional insured is
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J• P• 1 • A
Contractual Risk Transfer Appendix D - Sample Forms [98] COMMERCIAL GENERA 2013ULTY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to aaron insures the corded to than include as an additional insured any person or insureds, the following additional organization for whom you pertoring exciL ons apply.
operations when you and such person or mis insurance does not apply to:
organization have agreed in writing in a contract or
agreement that such person or organizatic 1. "Bodily injury", "property damage" or "personal advertising injury" arising out of the
added as an additional insured on ur
Such person or organization is a additic al rendering of, or the failure to render, any insured only with respect to liab ty for ma" professional architectural, engineenng or "property damage" surveying services, including:
advertising injury" caused, in whole or i part, ' 5. a. The preparing, approving, or failing to

1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders,

2. The acts or omissions of those acting on your change orders or drawings and specifications; or
in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured.

However, insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing

1. Only applies to the extent permitted by law; in the supervision, hing, employment, training or "occurrence" which caused the "bodily injury" or

2. Will not be broader than that which you are
required by the agreement to "property damage", or the offense which caused contract
the "personal and advertising injury", involved the
provide for such additional insured.

A person's or organization's status as an architectural, additional insured under this endorsement ends surveying services. when your operations for that additional insured
are completed.

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J• P • I • A
Contractual Risk Transfer Appendix D - Sample Forms [991 POLICY NUMBER: COMMERCIAL GENERA 20 37 04 T5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Locat nAr 1D scrintion Of Completed Operations Information required to complete this Sche ule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, following is added to organization(s) shown in the Schedule, but only Section ill - Limits Of Insurance:
with respect to liability for "bodily injury" or If coverage provided to the additional insured i "property damage" caused, in whole or in part, by equired by a contract or agreement, the most we the location designated Il pay on behalf of the additional insured is t described in the Schedule of this endorsement
nount of insuranc
performed for that additional insured and
included in the "products-completed operations 1. Required by the contract or agreement or hazard". 2 Assurance shown n the Dearabs, Limits of
However:

1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

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J. P• I • A
Contractual Risk Transfer Appendix D - Sample Forms [100] POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

PRODUCTS MERE PETTER COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The followin Recovery Against Others To Us is added to Paragraph 8. Transfer Of Rights
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applier
only to the person or organization shown in tha
Schedule above.
•CALIFORNIA
Contractual Risk Transfer Appendix D - Sample Forms [101] COMMERCIAL GENERAL 20 01 04T3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Contion and superse to an orin tran
contrary:

Primary And Noncontributory Insurance from any other insurance available to the additional insured
This insurance is primary to and will not seek
contribution from any other insurance available
Do video that. additional insured under your policy
(1) The additional insured is a Named Insured
under such other insurance: and
Sampl
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must include policy number sample auto endorsement COMMERCIAL AUTO Policy Number: xxxxxxxxxx CA 88 10 01 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

COVERAGE INDEX

SUBJECT PROVISION NUMBER

ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT

ACCIDENTAL AIRBAG DEPLOYMENT
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19

AMENDED FELLOW EMPLOYEE EXCLUSION

AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
BROAD FORM INSURED 1
BODILY INJURY REDEFINED 22
EMPLOYEES AS INSUREDS (including employee hired auto) 2

EXTENDED CANCELLATION CONDITION
EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 15
HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6

HIRED AUTO COVERAGE TERRITORY
LOAN / LEASE GAP 14
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE =
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 17
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows:

1. BROAD FORM INSURED
SECTION I - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured:
d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy.

Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy.
e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply:
(1) If there is similar insurance or a self-insured retention plan available to that organization; © 2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization.

2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured:
f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".

3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured:
h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit

4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work.

5. AMENDED FELLOW EMPLOYEE EXCLUSION
one where, by dam, rola males are not or tie to tre pried tried to provision is added:

SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire.

SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:

6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:

If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
© 2013 Liberty Mutual Insurance Page 2 of 7
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your subject to the following limit and deductible:

A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; ог
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.

B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.

C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own.

D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.

E. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee".

For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual

7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following:

We will pay towing and labor costs incurred, up to the limits shown below, each time a covered classified and rated as a private passenger type, "light truck" or "medium truck" is dis- a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.

However, the labor must be performed at the place of disablement.

PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 ® 2013 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 CA 88 10 01 13

9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto."
b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill.
e. If "loss" a ta ano at of yourselor of the priest spell already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage.

For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.

11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the if you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.

B. SECTION V - DEFINITIONS is amended by adding the following:

For the purposes of this provision, Personal es not include tals, equipment, that is on ey arried by an insured." "Personal
or securities.

12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. erage or warranty.

13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following:
© 2013 Liberty Mutual Insurance Page 4 of 7
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Exclusion 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto": or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.

14. LOAN / LEASE GAP COVERAGE
A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:

The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:

1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss",
b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear,
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease,
d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan",
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto",
g. Security deposits not refunded by a lessor,
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto",
i. Any amount representing taxes,
j. Loan or lease termination fees; or

2. The actual cash value of the damage or stolen property as of the time of the "loss".

An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.

B. ADDITIONAL CONDITIONS
This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss.

C. SECTION V - DEFINTIONS is changed by adding the following:

As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.

A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. @ 2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7

15. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

No deductible applies to glass damage if the glass is repaired rather than replaced.

16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 Ibs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.

The "loss" must be reported to the police authorities within 24 hours of known damage.

The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.

This provision does not apply to any "oss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.

17. TWO OR MORE DEDUCTIBLES
Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible:
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived.

For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group.

SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:

18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following:

If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this oly mit not be recised However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.

19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:

1. You, if you are an individual;

2. A partner, if you are a partnership;

3. Member, if you are a limited liability company;

4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.
@ 2013 Liberty Mutual Insurance Page 6 of 7
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

To the extent possible, notice to us should include:
(1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and
(3) The names and addresses of any injured persons and witnesses.

20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following:

If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also.

21. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the Canadar ta botan e are to United States, the territories and possessions of the United States of America, Puerto Rico or This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with SECTION V - DEFINITIONS is amended as follows:

22. BODILY INJURY REDEFINED
Under SECTION V - DEFINTIONS, definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.

COMMON POLICY CONDITIONS

23. EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows:

If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion.
© 2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 sample endorsement
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Any person or organization as required by written contract.

Endorsement Effective mm/dd/yyyy Policy No. xxxx Endorsement No. O Insured Company Name Premium $ xxxxx
Insurance Company Insurance Company Name
must be signed by the insurance agent/broker
WC 04 03 06 Countersigned by
(Ed. 04-84)

ATTACHMENT B
Proposals Evaluation Summary
City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
(949) 362-4337 - www.cityoflagunaniguel.org/pw
RFP Name: Citywide Street Banner Install and Maintenance RFP Issue Date: September 27, 2023
RFP Due Date: October 16, 2023
No. of Bidders: 3
Proposals Evaluation Summary
Firm Name Evaluation Average Evaluation Ranking
Creative Commercial Services 91 1
Bappre Landscaping, Inc. 79 2
Square Signs LLC dba Front Signs 73 3

ATTACHMENT C
Maintenance Services Agreement with
Creative Commercial Services

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
Citywide Street Banner Installation and Maintenance
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 Creative Commercial Services, a California Sole Proprietor, hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties".

Contractor's DIR registration number is 1000527626. Contractor confirms that its license is active as of the Effective Date of this Agreement and shall remain active for the duration of the Agreement.

RECIIALS:

A. The City requires Citywide Street Banner Install and Maintenance services.

B. The City circulated a Request for Proposals, Citywide Street Banner Insall and Maintenance, on September 27, 2023. to solicit competitive proposals from contractors to complete these services.

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

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

AGREEMENI:

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

Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Citywide Street Banner Install and Maintenance services (the "Project").

Contractor agrees to perform the services for City, in a manner satisfactory to City, as described in the Scope of Services ("Services") which is attached hereto as Exhibit "A" which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and Exhibit "A", the terms of this Agreement shall control. -1-

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

3. Term. The Contractor shall commence providing the required services on the effective on the date stated above 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.

This Agreement also includes a twenty percent (20%) contingency in an amount not-to- exceed Fifteen Thousand Dollars ($15,000.00) per 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 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. 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 -2-
invoice by the City. Such approval shall not be unreasonably withheld.

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

6. Licenses; Standard of Care.

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.

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

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

7. Legal Responsibilities.

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

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

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

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

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

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.

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. l General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, -4-
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.

C. l 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.

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.

13. Liability Insurance.

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

B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all -5-
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.

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) Intentionally Omitted.

F 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.

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 -6-
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.

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.

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

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

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

14. State Labor Code; Prevailing Wage Requirements.

A. Public Works. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 -8-
and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.

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

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

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

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

G. Penalties. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker 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.
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H. Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (2) certify and make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records. The Contractor and each sub-contractor shall furnish the records specified in State Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.

I. 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.

J. Debarment or Suspension. The Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

K. Overtime. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this -10-
Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

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

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

15. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these -11-
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.

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.

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.

18. Termination.

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

CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: Creative Commercial Services
Attn: Jim Durrant
Address: 6691 Beryl Street
City, State, Zip Code: Rancho Cucamonga, CA 91701
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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.

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

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

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

26. Successors and Assigns. The terms and conditions of this Agreement shall be -14-
binding on the successors and assigns of the parties to this Agreement.

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

Print Name:

Title:
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EXHIBIT "A"

SCOPE OF SERVICES
A-1

SCOPE OF SERVICES

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

PROJECT INFORMATION

1. Banner locations, quantities, and designs (see also Exhibit "A" - Banner Location Maps and Exhibit "B" - Banner Inventory by Street Section).

1.2. Crown Valley Park Banners. A total of 64 banner locations in Crown Valley Park.

Banner design remains the same year-round.

1.3. Niguel Hills Middle School Banners. A total of 13 banners located along Shark Bay and Golden Lantern adjacent to Niguel Hills Middle School. Banner design remains the same year-round.

2. Banner and hardware specifications.

2.2. The preferred hardware is "Windspill" banner hardware, with stainless steel bases and white pultrude fiberglass banner arms to be secured to the street light pole with stainless steel banding. A few existing street light poles are fitted with "Bannerflex" hardware, which is supplied by Sierra Display, Inc. All new and replacement banner hardware shall be "Windspill" hardware.

3. Banner Installation and Removal Schedule. This schedule applies to the General City Street Banners only.
[Task Schedule
Remove Holiday Banners; Mid-January
Install Spring Banners (shall be completed prior to January 15) Remove Spring Banners; Mid/Late-May
Install Stars & Stripes Banners (shall be completed prior to Memorial Day) Remove Stars & Stripes Banners; Mid/Late-November
Install Holiday Banners (shall be completed prior to Thanksgiving holiday)

SCOPE OF WORK/SERVICES

1. Services to be provided by Contractor, include but are not limited to:

1.1.1. Hardware. The banner hardware shall be installed/reinstalled on existing street light poles within the City.

1.3. Banner fabrication.

1.3.1. "Spring" design banners. Contractor shall be responsible for fabrication 356 "Spring" design banners per the specifications provided in subsection

1.3.3 below. The final design shall be provided by the City. Fabrication 13 shall be completed by January 1, 2024, to ensure banners are ready for installation in mid-January.

Replacement hardware shall be "Windspill" banner hardware, with stainless steel bases and white pultrude fiberglass banner arms, to be secured to the street light pole with stainless steel banding.

2. Performance criteria. The Contractor shall adhere to the following performance criteria in the execution of the services listed in Section 1 above.

3. Equipment and Tools

3.1. The Contractor shall furnish and transport all the proper equipment and tools required to perform the work as described herein.

3.2. All equipment shall be kept in good repair and conform to all state and local laws.

3.4. All equipment shall conform to all requirements under the Equipment, Materials, and Vehicles Section of this RFP.

4. Travel Time to/from Work Locations. Travel time to and from the work location(s) will not be paid.
15 EQUIPMENT, MATERIALS AND VEHICLES

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18 PERSONNEL

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

GENERAL EMPLOYEE GUIDELINES
No worker 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 Public Works representative overseeing the work, 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 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 any job site within the City. Neither shall the Contractor allow the use of alcohol or drugs on any job site within the City.

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

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.

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22 RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
Possession of a D-42 Sign Installation License is highly desirable and preferred.

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 that:
• 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

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 their operations as to offer the least possible obstruction and inconvenience to the public to include disruption of the noise levels within the area.

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

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24 GENERAL ENVIRONMENTAL REQUIREMENTS

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

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.

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 co and sit all 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. 26 EXHIBIT "B"

SCHEDULE OF COMPENSATION AND UNIT PRICING
B-1
Copies of the above referenced documents are available from the Public Works Department.

PAYMENT

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

Payment will be made subject to approval by Kelli Everett and City Council via the City's warrant register process.

The invoice shall include the following, at a minimum:

A. Invoice number
B. Work location, month of services, and any additional work C. Contract Amount, Total Billed to Date, Remaining Balance Example:

Total Contract Amount $ 160,000.00
Total Billed to Date 148,846.64
Remaining Balance $ 11,153.36
27 PROPOSAL FEE SHEET
RFP: CITYWIDE STREET BANNER INSTALLATION AND MAINTENANCE The Contractor should reference the scope of services provided in the RFP to ensure al equired aspects of each task are included when calculating unit costs

BASIC TASKS UNIT COSTS'
Banner removal/installation $28.50 Ibanner
Banner cleaning and minor repairs? $ 0.00 /banner INCLUDED W INSTALL Installation of replacement hardware? $ 62.90 /location Monthly inspection of all banner locations $ 0.00 inspection INCLUDED W INSTALL Banner storage $ 0.00 /month INCLUDED W INSTALL
Banner fabrication $ 48.00 /banner
routine inspection or by City staff).

Task includes cost of replacement hardware and installation.

4. Lump sum for inspection of all locations throughout the City.

5. Lump sum for storage of all banners when not in use (approx. 712 banners).

By: Date: 10-12-2023
Signature of Representative
31 EXHIBIT "C"

FORM OF PAYMENT BOND
Form of Payment Bond (Labor and Materials)
(If and when required under Section 16 of Agreement)
C-1
Bond No.

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

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be C-2
fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

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

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

C-3

ATTACHMENT C
Maintenance Services Agreement with
Creative Commercial Services

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
Citywide Street Banner Installation and Maintenance
THIS AGREEMENT is made and entered into as of ("Effective Date"), by and between the City of Laguna Niguel, a municipal corporation, hereinatter the "City", and Creative Commercial Services, a California Sole Proprietor, hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties".

RECIALS:

A. The City requires Citywide Street Banner Install and Maintenance services.

B. The City circulated a Request for Proposals, Citywide Street Banner Installation and Maintenance, on September 27, 2023. to solicit competitive proposals from contractors to complete these services.

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

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

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

AGREEMENI:

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

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Citywide Street Banner Installation and Maintenance services (the "Project").

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 the Effective Date stated above 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 the provision of services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation; Method of Payment) for the not-to-exceed sum of Seventy-Five Thousand Dollars ($75,000.00) per year.

In no event shall the total compensation paid to the Contractor for the Scope of Services exceed Ninety Thousand Dollars ($90,000.00) per 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. Invoices. Upon submission of each invoice, if the City is satisfied that the -2-
55842 00001141779970.1
Contractor has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.

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

6. Licenses; Standard of Care.

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

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

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

Legal Responsibilities.

A. Contractor shall keep itself informed of all State and Federal law(s) and regulation(s) which may in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.
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55842.00001\41779970.1
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.

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.

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 -4-
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relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the iteraised by co the Indemnitees as determined by court decision or by the agreement of the Parties.

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.

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 -5-
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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.

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.
3) Intentionally Omitted.
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. 55842.00001141779970.1
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.

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.

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-
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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.

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.

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

14. State Labor Code; Prevailing Wage Requirements.

A. Public Works. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.

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 -9-
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copy of the wage rates and post other information as required by law or regulation of the State Labor Commissioner.

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

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

J. Debarment or Suspension. The Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code -10-
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Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. if the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

K. Overtime. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

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.

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 -11-
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independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions arising out of the payment of prevailing wages by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

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.

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 -12-
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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.

18. Termination.

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 -13-
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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).

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 -14-
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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.

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

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

27. Authority to Sign. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

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

Marissa 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"
Creative Commercial Services
By:

Print Name: _
Title:
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EXHIBI "A"

SCOPE OF SERVICES
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55842.00001\41779970.1

SCOPE OF SERVICES

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

PROJECT INFORMATION

1. Banner locations, quantities, and designs (see also Exhibit "A" - Banner Location Maps and Exhibit "B" - Banner Inventory by Street Section).

1.2. Crown Valley Park Banners. A total of 64 banner locations in Crown Valley Park.

Banner design remains the same year-round.

1.3. Niguel Hills Middle School Banners. A total of 13 banners located along Shark Bay and Golden Lantern adjacent to Niguel Hills Middle School. Banner design remains the same year-round.

2. Banner and hardware specifications.

2.1. All banners are either 30" (inch) wide by 60" (inch) long (Crown Valley Park banners), 24" (inch) wide by 96" (inch) long (Niguel Hills Middle School Banners) or 30" (inch) wide by 72" (inch) long (General City Banners) digitally printed on both sides. Existing banners are fabricated with black-out vinyl fabric with 4" (inch) reinforced pole pockets on the top and bottom. There is one (1) set of 12 hardware per two (2) banners.

3. Banner Installation and Removal Schedule. This schedule applies to the General City Street Banners only.

SCOPE OF WORK/SERVICES

1. Services to be provided by Contractor, include but are not limited to:

1.1.1. Hardware. The banner hardware shall be installed/reinstalled on existing street light poles within the City.

1.3. Banner fabrication.

1.3.1. "Spring" design banners. Contractor shall be responsible for fabrication 356 "Spring" design banners per the specifications provided in subsection

1.3.3 below. The final design shall be provided by the City. Fabrication 13 shall be completed by January 1, 2024, to ensure banners are ready for installation in mid-January.

Replacement hardware shall be "Windspill" banner hardware, with stainless steel bases and white pultrude fiberglass banner arms, to be secured to the street light pole with stainless steel banding.

2. Performance criteria. The Contractor shall adhere to the following performance criteria in the execution of the services listed in Section 1 above.

3. Equipment and Tools

3.1. The Contractor shall furnish and transport all the proper equipment and tools required to perform the work as described herein.

3.2. All equipment shall be kept in good repair and conform to all state and local laws.

3.4. All equipment shall conform to all requirements under the Equipment, Materials, and Vehicles Section of this RFP.

4. Travel Time to/from Work Locations. Travel time to and from the work location(s) will not be paid.
15 EQUIPMENT, MATERIALS AND VEHICLES

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18 PERSONNEL

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.

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 any job site within the City. Neither shall the Contractor allow the use of alcohol or drugs on any job site within the City.

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

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.

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22 RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
Possession of a D-42 Sign Installation License is highly desirable and preferred.

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

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24 GENERAL ENVIRONMENTAL REQUIREMENTS

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.

SCHEDULE OF COMPENSATION AND UNIT PRICING
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Copies of the above referenced documents are available from the Public Works Department.

PAYMENT

MONTHLY
Al completed wack muring that motor shall submit an invoice, which shall summarize

INVOICING
The Contractor shall EMAIL the monthly invoice and supporting documentation, summarzing all completed work on standard Company letterhead forms, in a single PDF (Adobe Acrobat) format file to [email protected].

Payment will be made subject to approval by Kelli Everett and City Council via the City's warrant register process.

The invoice shall include the following, at a minimum:

A. Invoice number
B. Work location, month of services, and any additional work C. Contract Amount, Total Billed to Date, Remaining Balance Example:

Total Contract Amount 160,000.00
Total Billed to Date 148,846.64
Remaining Balance 11,153.36
27 PROPOSAL FEE SHEET
RFP: CITYWIDE STREET BANNER INSTALLATION AND MAINTENANCE

BASIC TASKS UNIT COSTS'
Banner removal/installation $ 28.50 /banner
Banner cleaning and minor repairs? $ 0.00 /banner INCLUDED W INSTALL Installation of replacement hardware? $ 62.90 /location Monthly inspection of all banner locations $ 0.00 /inspection INCLUDED W INSTALL Banner storage $ 0.00 /month INCLUDED W INSTALL
Banner fabrication $ 48.00 /banner
routine inspection or by City staff.

3. Task includes cost of replacement hardware and installation.

4. Lump sum for inspection of all locations throughout the City.

Lump sum for storage of all banners when not in use (approx. 712 banners).

By: Date:_10-12-2023
Signature of Representative
31 EXHIBIT "C"

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

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

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its C-2
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subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

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

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

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Laguna Niguel City CouncilNovember 7, 2023

Laguna Niguel City Council
November 7, 2023