20240604_7_Approval of MSA Amendments for PW Dept Functions — Laguna Niguel City Council, June 4, 2024

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: June 4, 2024
SUBJECT: Approval of Maintenance Services Agreement Amendments for Various Maintenance Services in Support of Public Works Department Functions

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Amendments to the subject Maintenance Services Agreements, to exercise an optional one-year term extension;

2. Approve the increase in the total annual not-to-exceed contract amount by three percent (3%) for Fiscal Year 2024-25 on the Amendments to the Maintenance Services Agreements with Bear Electrical Solutions, Inc.; BPR, Inc.; Commercial Building Management Services, Inc.; Donald F. Holly and Son, Inc. dba Fullerton Electric Company; M. Brey Electric, Inc.; Otis Worldwide Corporation dba Otis Elevator Company; RTS Solutionz, Inc. dba Solutionz; Superior Property Services, Inc.; and Team One Management Services;

3. Approve the increase in the total annual not-to-exceed contract amount by $30,000 with Real Estate Consulting & Services, Inc. to accommodate additional maintenance needs at City-owned parks and playgrounds;

4. Approve the three percent (3%) price increases and the increases in the total annual not-to-exceed contract amounts by $30,000 on the Maintenance Services Agreements with Zimprich Engineering, Inc. and Jamey Clark, Inc. to accommodate additional maintenance needs at City-owned facilities, and on the Maintenance Services Agreement with Jamey Clark, Inc. to accommodate additional maintenance needs at City-owned parks and playgrounds;

5. Approve the addition of a not-to-exceed 20% contingency of the total contract amount equal to $10,300 on Amendment No. 1 with Otis Worldwide Corporation dba Otis Elevator Company, for additional elevator repair and maintenance services and authorize the Public Works Director/City Engineer to approve the additional work;

6. Approve the addition of a price escalation clause applicable to the remaining future option year extension in the Amendments to the Maintenance Services Agreements with Bear Electrical Solutions, Inc.; BPR, Inc.; Jamey Clark, Inc.; Otis Worldwide

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Corporation dba Otis Elevator Company; Real Estate Consulting and Services, Inc.; RTS Solutionz, Inc. dba Solutionz; and Zimprich Engineering, Inc.;

7. Assign all legal requirements on the Maintenance Services Agreement for Audio Visual Success Plan for the Crown Valley Community Center to RTS Solutionz, Inc. dba Solutionz as a result of their acquisition of Presentation Products, Inc. dba Spinitar; and,

8. Authorize the City Manager to execute the Maintenance Services Amendments, and future amendments to the agreements, subject to the City Attorney making non- substantive changes.

BACKGROUND
The City of Laguna Niguel owns and maintains a wide variety of infrastructure which includes streets, buildings, parks, wetlands, open space, recreational trails, roadway medians, slopes, and right-of-way. Maintenance of this infrastructure requires contracted maintenance services.

Contract services play a key role in the delivery of maintenance and special projects as they provide access to expert service that is efficient, responsive, and available as needed. In support of City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan, the Public Works Department relies on maintenance contractors to maintain all City-owned property. The City currently has multi-year Maintenance Services Agreements with the Contractors listed below for a variety of maintenance activities:

Name of Contractor Scope of Services
Streets Maintenance
• Bear Electrical Solutions, Inc. Electrical Traffic Infrastructure Maintenance • BPR, Inc. Citywide Concrete Sidewalk Cutting
Parks Maintenance
Citywide On-Call Parks, Playgrounds and
• Jamey Clark, Inc. Amenities Maintenance and Inspection • Real Estate Consulting & Citywide On-Call Parks, Playgrounds and Services, Inc.* Amenities Maintenance and Inspection
Facilities Maintenance
• Commercial Building Citywide Janitorial Services
Management Services, Inc.
• Donald F. Holly and Son, Inc. Citywide On-Call Electrical Maintenance & dba Fullerton Electric Company Repair
• Jamey Clark, Inc. Citywide On-Call General Facilities Maintenance Citywide On-Call Electrical Maintenance &
• M. Brey Electric, Inc. Repair
• Otis Worldwide Corporation dba Elevator Preventative Maintenance and Repair Otis Elevator Company for the Crown Valley Community Center * The services offered by Real Estate Consulting & Services, Inc. include residential and commercial property management and maintenance, janitorial services, fire and life safety, landscaping, and inspection services.

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Name of Contractor Scope of Services
Facilities Maintenance (continued)
• RTS Solutionz, Inc. dba Audio Visual Success Plan for the Crown Valley Solutionz Community Center
Citywide On-Call Pressure Washing and Graffiti
Superior Property Services, Inc. Removal
• Team One Management Citywide Routine Window Washing and Door Services Cleaning
• Zimprich Engineering, Inc. Citywide On-Call General Facilities Maintenance

ANALYSIS
Each of the existing multi-year Maintenance Services Agreements (MSA) has an initial three- year term and include optional one-year term extensions that the City may elect to exercise based upon the firm's performance of the services. The prices established on the multi-year MSAs are generally fixed for the initial three-year term. However, the MSAs include provisions allowing the Contractor to request a price increase upon notification that the City intends to exercise an optional term extension.

Due to increases in cost of materials and labor, it is common for Contractors to request that the City consider a price increase. Traditionally, cities look to the Consumer Price Index (CPI) as a benchmark for discussing price increases with contractors. The current CPI for the region in which the City of Laguna Niguel resides (Los Angeles-Long Beach-Anaheim, CA) is 4.0%. After reviewing the requests for price increase, staff was successful in negotiating a 3% price cap with the contractors, which is lower than the regional CPl of 4.0%.

Additionally, staff is also recommending the addition of a price escalation clause in the MSA Amendments to cap any future optional one-year term extension price increase requests by the Contractors to the CPI for our region or 3%, whichever is less.

Further, staff is also recommending the updates below to the MSA Amendments with Otis Worldwide Corporation dba Otis Elevator Company; Jamey Clark, Inc.; Real Estate Consulting and Services; and Zimprich Engineering, Inc. • Staff is recommending the addition of a contingency amount for additional work as part of the MSA Amendment with Otis Worldwide Corporation dba Otis Elevator Company. The contingency would provide the City with the ability to request additional elevator repair and maintenance services within the City in Fiscal 2024-25. • Staff is recommending an increase in the services provided by Jamey Clark, Inc., Real Estate Consulting and Services, and Zimprich Engineering, Inc to accommodate additional City maintenance needs. The City experienced an increased need for facilities, landscape, parks and playground maintenance services in Fiscal Year 2023-24 and Staff anticipate a similar need for maintenance services in Fiscal Year 2024-25.
• Staff is recommending approval to assign all legal requirements on the MSA for Audio Visual Success Plan For The Crown Valley Community Center to RTS Solutionz Inc., dba Solutionz as a result of their acquisition of Presentation Products, Inc. dba Spinitar.

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The recommended amendments to the MSAs are included as Attachments "A" through "M" to this report. The terms of the MSA Amendments will be effective for Fiscal Year 2024-25.

The table below summarizes the current total annual not-to-exceed (NTE) contract amounts, and the total annual NTE contract amounts, including the contingency for additional work, after the described price increases.

Updated Total Total
Current Total
Annual
Name of Amendment Annual % FY24-25
Not-to-Exceed
Contractor No. Not-to- Increase (Including Budget
Exceed Impact
Contingency)
Streets Maintenance
Bear Electrical No. 1 $348,000 3% $358,440 $10,440
Solutions, Inc.

BPR, Inc. No. 1 $96,000 3% $98,880 $2,880
Facilities Maintenance
Commercial Building
Management No. 2 $308,581 3% $317,840 $9,259
Services, Inc.

Donald F. Holly and
Son, Inc. dba No. 2 3% $123,600 $3,600
$120,000
Fullerton Electric
Company
M. Brey Electric, Inc. No. 2 $120,000 3% $123,600 $3,600 Otis Worldwide
Corporation dba Otis No. 1 $16,667 3% $20,602 $3,935
Elevator Company
RTS Solutionz, Inc. No. 1 $15,700 3% $16,172 $472
dba Solutionz
Superior Property No. 2 $120,000 3% $123,600 $3,600
Services, Inc.

Team One
Management No. 2 $48,000 3% $49,440 $1,440
Services

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The table below summarizes the current total annual not-to-exceed (NTE) contract amounts, and the total annual NTE contract amounts, after the described 3% price increases and the increase in contract value to accommodate additional maintenance needs.

Current Total Updated Total
Total
Amendment Annual FY24-25
Annual Not-to-Exceed
Name of Contractor
No. Not-to- (Including Budget
Exceed Impact
Contingency)
Parks Maintenance
Jamey Clark, Inc. No. 1 $90,000 $120,000 $30,000
Real Estate Consulting No. 1 $90,000 $120,000 $30,000
and Services, Inc.

Facilities Maintenance
Jamey Clark, Inc. No. 1 $90,000 $120,000 $30,000
Zimprich Engineering, Inc. No. 1 $90,000 $120,000 $30,000 Staff recommends approving the subject MSA Amendments, which exercise the optional one-year term extensions and include the aforementioned price or contract value increases so that the vital services provided by the Contractors are not delayed or stopped.

ALTERNATIVES CONSIDERED

1. The City Council may decide not to approve one or more of the Amendments to the Maintenance Services Agreements. This alternative is not recommended as these vital services maintain a clean and safe environment for the community.

2. The City Council may decide not to approve one or more of the Maintenance Services Amendments. This alternative is not recommended at this time as it will likely result in higher costs for the City and possible delays in the delivery of vital services to the community.

FISCAL REVIEW
Funding for these contracted services has been included in the Fiscal Year 2024-25 Public Works Department budget.

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

CONCLUSION
Staff recommends that the City Council:

1. Approve Amendments to the subject Maintenance Services Agreements, to exercise an optional one-year term extension;

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5. Approve the addition of a price escalation clause applicable to the remaining future option year extension in the Amendments to the Maintenance Services Agreements with Bear Electrical Solutions, Inc.; BPR, Inc.; Jamey Clark, Inc.; Otis Worldwide Corporation dba Otis Elevator Company; Real Estate Consulting and Services, Inc.; RTS Solutionz, Inc. dba Solutionz; and Zimprich Engineering, Inc.;

6. Assign all legal requirements on the Maintenance Services Agreement for Audio Visual Success Plan for the Crown Valley Community Center to RTS Solutionz, Inc. dba Solutionz as a result of their acquisition of Presentation Products, Inc. dba Spinitar; and,

7. Authorize the City Manager to execute the Maintenance Services Amendments, and future amendments to the agreements, subject to the City Attorney making non- substantive changes.

Jamasa Spousneau fours
Tamara S. Letourneau Jacki Seott
City Manager Public Works Director/City Engineer
Kevin Tobir
Kevin Tobin fO Trevor Agrelius
Maintenance Services Manager Finance Director

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Attachments:

A. Amendment 1, Bear Electrical Solutions, Inc.

B. Amendment 1, BPR, Inc.

C. Amendment 2, Commercial Building Management Services, Inc.

D. Amendment 2, Donald F. Holly and Son, Inc. dba Fullerton Electric Company E. Amendment 1, Jamey Clark, Inc.

F. Amendment 1, Jamey Clark, Inc.

G. Amendment 2, M. Brey Electric, Inc.

H. Amendment 1, Otis Worldwide Corporation dba Otis Elevator Company

1. Amendment 1, Real Estate Consulting and Services, Inc.

J. Amendment 1, RTS Solutionz, Inc. dba Solutionz
K. Amendment 2, Superior Property Services, Inc.

L. Amendment 2, Team One Management Services
M. Amendment 1, Zimprich Engineering, Inc.

ATTACHMENT A
Amendment 1 to Maintenance Services Agreement with
Bear Electrical Solutions, Inc.

AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

ELECTRICAL TRAFFIC INFRASTRUCTURE MAINTENANCE
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE SERVICES ("This Amendment No. 1"), is entered into as of _, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Bear Electrical Solutions, Inc., a California Corporation, hereinafter the "Contractor." Contractor has been qualified by the California Secretary of State to conduct business in the state of California.

RECIIALS:

A. The City contracted with the Contractor to provide Electrical Traffic Infrastructure Maintenance.

B. The City entered into a Maintenance Services Agreement for the City of Laguna Niguel Public Works Department with the Contractor dated June 1, 2021, (the "Agreement") to provide maintenance services as requested by the City. The Term of the Agreement commenced on July 1, 2021 and is set to expire on June 30, 2024.

C. The Parties now desire to amend the Agreement in order to 1) extend the term of the Agreement for one (1) additional year from July 1, 2024, to June 30, 2025, exercising the first of two optional term extensions; and 2) increase the total compensation under the Agreement to provide for a 3% rate increase.

AGREEMENI:

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

2. Payment for Services. Section 4(A) of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $298,700 during Fiscal Year 2024-25 in accordance with the amounts set forth in Exhibit "B", attached and incorporated herein.

City of Laguna Niguel - 200529 1
This Agreement will also include a not-to-exceed 20% contingency of the total annual contract amount equal to $59,740 for unforeseen conditions or additional work. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $358,440 for Fiscal Year 2024-25.

Upon expiration of the term of the Agreement, if term is extended (pursuant to Paragraph 3 or otherwise), fees and rates may only be increased both pursuant to Paragraph 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 Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City. Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Contractor shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto."

3. Schedule of Compensation; Method of Payment. Exhibit "B" of the Agreement is hereby amended as provided in Attachment "1" of this Amendment No. 1, attached hereto and incorporated herein by reference.

4. Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement shall remain in full force and affect and shall apply to the performance of services pursuant to this Amendment No. 1.

5. Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
City of Laguna Niguel - 200529 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the 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"
Bear Electrical Solutions, Inc.

By: _
Print Name:

Title:

By:

Print Name:

Title:

City of Laguna Niguel - 200529 3
ATTACHMENT "1" TO AMENDMENT NO. 1
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
City of Laguna Niguel - 200529 4

PROPOSAL FEE SHEET
Traffic Signal Maintenance
Routine Maintenance
Item Estimated Unit Price Total
Item Description Quantity Monthly Price
No.

Routine inspection, preventative maintenance and
repairs of traffic signal systems, interconnect, safety 78 $ 61.80 4,820.40
lights and illuminated street name signs. $
(Per Intersection, Per Month)
Routine inspection, preventative maintenance and
repairs of flashing beacons. (Per Location, Per 11 15.45 169.95 $ $
Month
Routine inspection, preventative maintenance, timing
3 adjustment and repairs of radar speed signs. 4 $ 15.45 61.80 $
(Per Location, Per Month
Total Cost for Monthly Routine Maintenance $ 5,052.15
Extraordinary Maintenance
Item Estimated Unit Price Total Price
Item Description Quantity
No.

Signal Heads
1 Replace Red Ball LED 25 $ 97.85 $ 2,446.25
2 Replace Yellow Ball LED 15 $ 97.85 $ 1,467.75
3 Replace Green Ball LED 20 97.85 $ 1,957.00
Replace Red Arrow LED 25 97.85 $ 2,446.25
5 Replace Yellow Arrow LED 15 $ 97.85 $ 1,467.75
6 Replace Green Arrow LED 20 $ 97.85 1,957.00
7 Replace Red Programmable Visor LED 5 $ 154.50 $ 772.50 8 Replace Yellow Programmable Visor LED 5 $ 154.50 $ 772.50 9 Replace Green Programmable Visor LED 5 154.50 772.50
10 Installation of 3 Section 12" LED Signal Head 5 $ 808.55 $ 4,042.75 11 Installation of 4 Section 12" LED Signal Head 5 1,024.85 5,124.25 12 Installation of 5 Section 12" LED Signal Head 5 $ 1,467.75 $ 7,338.75 City of Laguna Niguel - Public Works Department
RFP2021-019 Traffic Signal Maintenance

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Controller, Cabinet & Appurtenances
Item No. Item Description EstimatedUnit Price Total Price Quantity
1 Installation of New, Fully Wired Type P Cabinet 1 $ 37,698.00 $ 37,698.00 2 Installation of New NEMA Type TS1 Controller 1 $ 6,077.00 $ 6,077.00 Type Il Service 1 $ 2,317.50 $ 2,317.50
Replacement of Detectors as needed 5 $ 463.50 $ 2,317.50 5 Installation of New Signal Monitor Unit as 1 $ 1,287.50 $ 1,287.50 Operation and Certification Testing of New
6 Cabinet and Controllers and Appurtenances (in 1 1,133.00 1,133.00 accordance with State of California testing $ $
Annual Conflict Monitor Testing 78 $ 87.55 $ 6,828.90
8 Annual Emergency Vehicle Pre-emption 78 $ 41.20 $ 3,213.60 9 Replacement of Inoperable Conflict Monitors 1 $ 1,081.50 $ 1,081.50 Pedestrian Heads & Equipment
Replace LED Pedestrian Module Kits
1 1
(countdown only) $ 231.75 $ 2,317.50
2 Replace ADA compliant Pedestrian Push $ 97.85 $ 97.85 3 Replace Pedestrian Push Button Signage 1 $ 41.20 $ 41.20 4 Replace APS Pedestrian Push Button 1 $ 1,081.50 $ 1,081.50 Painting
Clean, Primer and Repaint Controller Cabinet
1 and Type II Electric Service Cabinet with City 1
Approved Paint Color, Per Intersection $ 772.50 772.50
Clean, Primer and Repaint Signal Head and
2 Mounting Surfaces with Industry Standard, City 1
Approved Paint Color, Per Head $ 144.20 $ 144.20
Clean, Primer and Repaint Pedestrian Heads
3 1 97.85 97.85
and $ $
Detection
1 Replace Type C Loop Including Lead-In and 1 $ 772.50 $ 772.50 Replace Type D Loop Including Lead-In and 1-4 $ 515.00 $ 515.00 Replace Type D Loop Including Lead-In and 5-10 $ 463.50 $ 463.50 4 Replace Type E Loop Including Lead-In and 1-4 $ 515.00 $ 515.00 Replace Type E Loop Including Lead-In and 5-10 $ 463.50 $ 463.50 6 Installation of New Video Detection Camera 3 $ 5.871.00 $ 17.613.00 7 Replace Wavetronix Smart sensor unit 1 $ 5,965.76 $ 5,965.76 City of Laguna Niguel - Public Works Department
RFP2021-019 Traffic Signal Maintenance

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Battery Back-Up System
Replace Battery Back-Up Unit 1 $ 5,381.75 $ 5,381.75
2 Replace Batteries, Per location 6 $ 1,236.00 $ 1,236.00 3 Install new Battery Back-up with external 1 9,064.00 9,064.00 cabinet
Traffic Signs, Safety Lights, ISNS
Estimated Unit
Item Item Description Quantity Price Total Price
Installation/Replacement of Traffic Signs on Poles or
1 Mast Arms (sign cost not included) 1 $ 123.60
$ 123.60
Replacement of 6' ISNS Panel $ 252.35 $ 252.35
3 Replacement of 8' ISNS Panel 1 $ 283.25 283.25
4 Replacement of Inoperable IISNS Housing Light $ 82.40 82.40 Replacement of Inoperable Safety Light 566.50 I$ 566.50 Replacement of City owned streetlight pole 1 $ 1,905.50 $ 1,905.50 7 Replacement of City owned streetlight mast arm
(single) $ 566.50 $ 566.50
8 Replacement of City owned streetlight mast arm 1
$ 721.00 _$ 721.00
(double)
9 Replacement of City owned streetlight luminaire 1 $ 97.85 $ 97.85 10 Install new 6' IISNS LED Frame and Panel 3,218.75 $ 3,218.75 11 Install new 8' IISNS LED Frame and Panel $ 3,914.00 $ 3,914.00 Underground Service Alert
Response to USA Requests/Notices or at the
request of the City for the marking and protection
of traffic signal underground facilities such as
1 1
traffic signal and electrical conduits, interconnect 180.25 180.25 facilities, loops, and other appurtenant equipment $
which might conflict with other right-of-way
Labor & Equipment Rates
Regular Overtime Premium
Item Description Time Time
Labor Rates
Signal Maintenance Superintendent $ 108.15 $ 161.71 $ 161.71 Signal Maintenance Technician $ 108.15 $ 161.71 $ 216.30 Field Traffic Signalman $ 92.70 139.05 $ 185.40
$ 82.40 $ 123.60 $ 154.50
Laborer
Painter $ 77.25 $ 128.75 $ 154.50
City of Laguna Niguel - Public Works Department
RFP2021-019 Traffic Signal Maintenance

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Equipment Rates
Aux Lift (Hydraulic Boom) $ 36.05
Pickup Truck $ 25.75
Service Truck $ 25.75 x x
Service Ladder Truck $ 36.05 x
Boom Ladder Truck (Man Lift) $ 36.05 x
Compressor with Tools $ 20.60
Crane $ 257.50
Material costs for extraordinary maintenance shall be paid to the contractor based upon supplier's invoice price provided to the City plus 15% markup.

By: Date: 04/25/24
Signature of Representative
City of Laguna Niguel - Public Works Department
RFP2021-019 Traffic Signal Maintenance

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ATTACHMENT B
Amendment 1 to Maintenance Services Agreement with
BPR, Inc.

AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE CONCRETE SIDEWALK CUTTING SERVICES
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE SERVICES ("Amendment No. 1"'), is entered into as of _ by and between the City of Laguor tin, hereialei phe prazilor Contatthe been qualified by the California Secretary of State to conduct business in the state of California.

RECIIALS:

A. The City contracted with the Contractor to provide Citywide Concrete Sidewalk Cutting Services to be provided within the City of Laguna Niguel.

The City entered into a Maintenance Services Agreement for the City of Laguna Niguel Public Works Department with the Contractor dated January 19, 2021, (the "Agreement") to provide maintenance services as requested by the City. The Term of the Agreement commenced on January 19, 2021 and is set to expire on June 30, 2024.

The Parties now desire to amend the Agreement in order to; 1) extend the term of the Agreement for one (1) additional year from July 1, 2024, to June 30, 2025, exercising the first of two optional term extensions; and 2) increase the total compensation under the Agreement to provide for a 3% rate increase.

AGREEMENI:

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

2. Payment for Services. Section 4 of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $82,400 during Fiscal Year 2024-25 in accordance with the amounts set forth in Exhibit "B", attached and incorporated herein.

City of Laguna Niguel - 200529 1
This Agreement will also include a not-to-exceed 20% contingency of the total annual contract amount equal to $16,480 for unforeseen conditions or additional work. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $98,880 for Fiscal Year 2024-25.

Schedule of Compensation; Method of Payment. Exhibit "B" of the Agreement is hereby amended as provided in Attachment "1" of this Amendment No. 1, attached hereto and incorporated herein by reference.

Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement shall remain in full force and affect and shall apply to the performance of services pursuant to this Amendment No. 1.

Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
City of Laguna Niguel - 200529 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the 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"
BPR, Inc.

By: _
Print Name:

Title:

By:

Print Name:

Title:

City of Laguna Niguel - 200529 3
ATTACHMENT "4" TO AMENDMENT NO. 1
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
City of Laguna Niguel - 200529
Amendment No. 1 to RFP 2021-11 Citywide Concrete Sidewalk Cutting Services To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name: BFF, Inc.

Authorized Representative:

Pat Rifley
Title: President
Email Address: s Patt
Address:

City, State, and Zip Code: Port Huin-ma Ca 93041
Telephone: B0T 090 5148
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 adiust the level of service without changing other contract conditions herein, if notified to do so, within a reasonable time period.

Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in Scope of Work.

PART A - SERVICE RATE
Sidewalk Cutting
Hazard Class Small Medium LargeR Lineal Foot
3/8" to ½" ½½" to 1" >1" per location
$25.75 $ 49.44 $ 100 94 $ 8.24
Price per Hazard
Sidewalk Grinding
Hazard Class Small Medium Large Square Foot
3/8" to ½" ½" to 1" >1" per location
Price per Hazard $25.?5 $ 25.35 $75.33 $9.27

PART B - AS NEEDED SERVICES
HOURLY RATE $ 97.85
By: on 3/20/34
Signature of Representative

ATTACHMENT C
Amendment 2 to Maintenance Services Agreement with
Commercial Building Management Services, Inc.

AMENDMENT NO. 2 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE JANITORIAL SERVICES
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR MAINTENANCE
SERVICES (this "Amendment No. 2"), is entered into as of Commercial Buidor Management Series, inc, a Calloria Corporation, created RECIIALS:

A. The Parties entered into that certain Agreement for Maintenance Services dated October 6, 2020, for the provision of Citywide Janitorial Services ("Agreement").

B. The Parties entered into that certain Amendment No. 1 for Agreement for Citywide Janitorial Services dated July 01, 2023 in order to extend the term of the Agreement for one additional year from July 1, 2023 to June 30, 2024 and increase the total compensation under the Agreement to provide compensation for the services in that extended term.

C. The Parties now desire to amend the Agreement in order to 1) extend the term of the Agreement for one (1) additional year from July 1, 2024 to June 30, 2025 exercising the second of two optional term extension; and 2) increase the total compensation under the Agreement to provide for a 3% rate increase and a contingency allowance equal to 20% of the annual compensation paid to Contractor ("Amendment No. 2").

AGREEMENI:

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

1. Term. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
"This Amendment No. 2 shall become effective as of the date stated above, and extends the term of the Agreement until June 30, 2025, subject to termination as provided in Section 19 of the Agreement."
1 2. Payment of Service. Section 4(A) of the Agreement is hereby amended in its entirety as follows:
"In consideration for services rendered hereunder, the City shall pay Contractor a not-to-exceed fee of $264,866 for Fiscal Year 2024-25 as described in this Agreement, in accordance with the amounts and in the manner and at the times set forth in Exhibit "B", , attached and incorporated herein.

This Agreement will also include a not-to-exceed 20% contingency of the total contract value equal to $52,974 for Fiscal Year 2024-25 for unforeseen conditions or additional work as described in this Agreement. Prior to the use of the contingency allowance and commencement of the work, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $317,840 for Fiscal Year 2024-25."
Schedule of compensation; Method of Payment. Exhibit "B" of the Agreement is hereby amended as provided in Attachment "1" of this Amendment No. 2, attached hereto and incorporated herein by reference.

4. Continuation of Terms and Conditions of Agreement. Except as otherwise provided in this Amendment No. 2, all terms and conditions of the Agreement, as amended by Amendment No. 1, shall remain in full force and effect, and shall apply to the performance of services to this Amendment No. 2.

5. Authority to Sign. The Persons executing this Amendment No. 2 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 2 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 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"
Commercial Building Management Services,
Inc., a California Corporation
By:

Print Name:

Title:

By:

Print Name:

Title:
3 ATTACHMENT "4" TO AMENDMENT NO. 2
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT

PROPOSAL FEE SHEET
RFP 2021-008: CITYWIDE JANITORIAL SERVICES
FROM: Commercial Building Management Services, Inc.
(Company Name)
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

PART A - MONTHLY SERVICE RATE

CITY HALL AND POLICE SERVICES
Day Porter: Daily, Monday to Friday, 8 Hours a day from 8 A.M. to 5 P.M. 40 Hours Total Per Week
$_21.24 Per Hour × 40 Hours × 4.345 Weeks = $_3, 691.51 Monthly Subject to change based on the need of the facility.

Night-time Cleaning: Daily, Monday to Friday, 5 hours a day from 7 P.M. to 12 A.M.

Monthly Rate $_4, 002.58 × 12 months = $ 48,030.96 Annual Rate Saturday & Sunday Cleaning (Police Services Only)
Night-time Cleaning: 2 hour per day, Saturday & Sunday
$_ 21.24 Per Hour x 4 Hours (2 hours per Saturday & Sunday) × 4.345 Weeks = $_369.15 Monthly × 12 Months =4,429.81 Annual Rate Subtotal for Monthly Rate 1$
8,063.24
The Annual Cost is
96,758.88
Jesus Velasco General Manager
By: Authorized Representative Title:
04-19-2024
Signature Date
City of Laguna Niguel - Public Works Department
RFP2021-008 Citvwide Janitorial Services

Page 5 of 96 ends

CROWN VALLEY COMMUNITY CENTER
Day Porter: Daily, Monday to Friday, 8 Hours a day from 8 A.M. to 5 P.M. 40 Hours Total Per Week
$ 21. 24 Per Hour x 40 Hours × 4.345 Weeks = $_3,691. 51 Monthly Subject to change based on the need of the facility.

Night-time Cleaning: Daily, Monday to Friday, 5 hours a day from 7 P.M. to 12 A.M.

Monthly Rate $ 3, 578.63 _× 12 months =$_42,943.56 Annual Rate Event Cleaning (Saturday and Sunday) Per Day Rate: $ 148.52 Jesus Veżasco General Manager
By: Authorized Representative Title:
04-19-2024
Signature Date
City of Laguna Niguel - Public Works Department
RFP2021-008 Citywide Janitorial Services

Page 6 of 96 ends

SEA COUNTRY AND SENIOR COMMUNITY CENTER
Day Porter: Daily, Monday to Friday, 8 Hours a day from 8 A.M. to 5 P.M. 40 Hours Total Per Week
$21.24 Per Hour x 40 Hours × 4.345 Weeks =$_3,691,51 Monthly Subject to change based on the need of the facility.

Night-time Cleaning: Daily, Monday to Friday, 5 hours a day from 7 P.M. to 12 A.M.

Monthly Rate $_3,047.77 _ × 12 months =$_36,573.24 Annual Rate Event Cleaning (Saturday and Sunday) Per Day Rate: $148.52 Jesus Velasco General Manager
By: Authorized Representative Title:
04-19-2024
signature Date
City of Laguna Niguel - Public Works Department
RFP2021-008 Citywide Janitorial Services

Page 7 of 96 ends

RFP 2021-008: CITYWIDE JANITORIAL SERVICES
FROM: Commercial Building Management Services, Inc.
(Company Name)
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.

PART B - AS NEEDED SERVICES
As Needed for any additional cleaning will be price at an hourly rate, under the supervision of the Building and Facilities Superintendent designee. • Disinfecting Cleaning services will include the use of chemicals to kill germs on surfaces.
• Special Events may require additional service on Saturday and Sunday, upon the request of the Building and Facilities Superintendent designee.

Essential Cleaning and Sanitation
8 Hours, 4 cleaning specialist = 32 hours
Hourly Rate is $_57.42 × 32 Hours =$ 1,837.44
Jesus Velasco General Manager
By: Authorized Representative Title:
04-19-2024
Signature Date
City of Laguna Niguel - Public Works Department
RFP2021-008 Citywide Janitorial Services

Page 8 of 96 ends

ATTACHMENT D
Amendment 2 to Maintenance Services Agreement with
Donald F. Holly and Son, Inc. dba Fullerton Electric Company AMENDMENT NO. 2 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

ON-CALL CITYWIDE ELECTRICAL MAINTENANCE AND REPAIR SERVICES THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR MAINTENANCE
SERVICES (this "Amendment No. 2"), is entered into as of → by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Donald F. Holly and Son, Inc. dba Fullerton Electric Company, a California Corporation, hereinafter the "Contractor."
RECIIALS:

A. The Parties entered into that certain Agreement for Maintenance Services dated June 16, 2020, for the provision of On-Call Citywide Electrical Maintenance and Repair Services ("Agreement).

B. The Parties entered into that certain Amendment No. 1 to Agreement for Maintenance Services dated July 01, 2023 in order to extend the term of the Agreement for one additional year from July 1, 2023 to June 30, 2024 and to provide compensation for the services in that extended term.

C. The Parties now desire to amend the Agreement in order to 1) extend the term of the Agreement for one (1) additional year from July 1, 2024 to June 30, 2025 exercising the second of two optional term extensions; 2) increase the total compensation under the Agreement to provide for a 3% rate increase and a contingency allowance equal to 20% of the annual compensation paid to Contractor and 3) modify insurance requirements under the Agreement ("Amendment No. 2").

AGREEMENI:

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

Term. This Amendment No. 2 shall become effective as of the date stated above and extends the term of the Original Agreement through June 30, 2025, subject to termination as provided in the Original Agreement, except the indemnification provisions contained in the Original Agreement, as amended by Amendment No. 1, shall remain in full force and effect after Amendment No. 2 is terminated.

2. Payment of Service. Section 4(A) of the Agreement is hereby amended in its entirety as follows:
"In consideration for services rendered hereunder, City shall pay Contractor a fee not-to-exceed $103,000 for Fiscal Year 2024-25, in accordance with the amounts and in the manner and at the times set forth in Exhibit "B". A 20% contingency of the total contract value equal to $20,600 for Fiscal Year 2024-25 has been added to the contracts to allow for unforeseen conditions or additional on-call work related to electrical maintenance and repair services as described in this Agreement. Prior to the use of the allowance and commencement of the work, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $123,600 for Fiscal Year 2024-25."

3. Liability Insurance. Section 12, subparagraph B(1) of the Agreement is hereby amended in its entirety as follows:
"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." and incorporated herein by reference.

5. Continuation of Terms and Conditions of Agreement. Except as otherwise provided in this Amendment No. 2, all terms and conditions of the Agreement, as amended by Amendment No. 1, shall remain in full force and effect, and shall apply to the performance of services to this Amendment No. 2.

Authority to Sign. The Persons executing this Amendment No. 2 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 2 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 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"
Donald F. Holly and Son, Inc. dba
Fullerton Electric Company
By:

Print Name: _
Title:

By:

Print Name:

Title:
3 ATTACHMENT "" TO AMENDMENT NO. 2
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
EXHIBIT "A"

CITY OF LAGUNA NIGUEL
On-Call Citywide Electrical Maintenance and Repair Services ADDENDUM #1 PROPOSAL COST SHEET
I. PRICING
Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associate cost.

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

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

Regular Rate/Hr. Overtim Emergency/Holiday
Labor Only Items
(Business Hrs.) Rate Hr. Rate/Hr.

77.25 115.88 115.88
Maintenance Electrician
Journeyman Maintenance Electrician 87.55 $ 131.33 131.33 Equipment Only Items Regular Rate/Hr. Overtime Emergency/Holiday (Business Hrs.) Rate Hr. Rate/Hr.

Service Body Truck/Vehicle $
Bucket Truck w/Service Body $
Cost Plus 10% § Cost Plus 10% Cost Plus 10%
Scissor Lift to 60' Cost Plus 10%
Cost Plus 10% Cost Plus 10%
Aerial Man Lift to 80' $
Labor and Equipment Items Regular Rate/Hr. Overtim Emergency/Holiday (Business Hrs.) Rate/Hr Rate/Hr.

Service Body Truck/Vehicle 77.25 115.88 $ 115.88
w/Maintenance Electrician
Service Body Truck/Vehicle 87.55 127.50 131.33
W/ Journeyman Maintenance Electrician
Bucket Truck w/ Service Body 77.25 $ 115.88 115.88
/Maintenance Electricia
ucket Truck w/ Service Boc 87.55 $ $ 131.88
131.33
/ Journeyman Maintenance Electrici
cissor Lift to 60' w/Maintenan S7.25 Plus Cost 10% 5 115.88 Plus Cost 10% 115.88 Plus Cost 10% Electrician
Scissor Lift to 60' W/ Journeyma $7.55 Plus Cost 10% $ 131.33 Plus Cost 108 131.33 Plus Cost 10% laintenance Electriciar
Aerial Man Lift to 80' w/Maintenance S47.25 Plus Cost 10% S115.88 Plus Cost 10% 115.88 Plus Cost 10% lectriciar
Maintenance Eleric: W/ Journeymar 87.55 Plus Cost 10% $131.33 Plus Cost 10% 131.88 Plus Cost 10% 20 Materials Markup: _%
3 of 5
EXHIBIT "A"

CITY OF LAGUNA NIGUEL
On-Call Citywide Electrical Maintenance and Repair Services ADDENDUM #1 PROPOSAL COST SHEET
Labor and Equipment Items Regular Rate/Visit Overtime Rarenty Holiday (Business Hrs.) Rate/Visit
Monthly Nighttime Inspection on $ 77.29 $ 77.25 $ 77.25 Freeway Pylons
Annual Wash of Two (2) Freeway Pylon $ 2,400.00 $ 2,400.00 $ 2,400.00 Signs $ 350.00 350.00
On-Call As-Needed Panel Replacement $ 350.00
* Plus 60' Boom Cost Plus 10%
QuieT Cellin
Jerry Sollom, Parks, & Landscape Maintenance Superintendent City of Laguna Niguel
4 of 5

ATTACHMENT E
Amendment 1 to Maintenance Services Agreement with
Jamey Clark, Inc.

AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

GENERAL FACILITIES MAINTENANCE SERVICES AS NEEDED
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE SERVICES ("Amendment No. 1"), is entered into as of _ by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Jamey Clark, Inc., a California Corporation, hereinafter the "Contractor."
RECIIALS:

A. The parties entered into that certain Agreement for Maintenance Services dated October 19, 2021 for the provision of General Facilities Maintenance Services As-Needed (the "Agreement")
B. The Term of the Agreement commenced on October 19, 2021, and is set to expire on June 30, 2024.

C. The Parties now desire to amend the Agreement in order to; 1) extend the term of the Agreement for one (1) additional year from July 1, 2024, to June 30, 2025, exercising the first of two optional term extensions; and 2) increase the total compensation under the Agreement to provide for a 3% rate increase and to accommodate additional City maintenance needs.

AGREEMENI:

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

1. Term. This Amendment No. 1 shall become effective as of the date stated above, and extends the term of the Agreement until June 30, 2025, subject to termination as provided in the Agreement, except the indemnification provisions contained in the Agreement shall remain in full force and effect after Amendment No. 1 is terminated.

2. Scope of Services. Exhibit "A" of the Agreement is hereby amended to incorporate the services set forth in Attachment "1" to this Amendment No. 1, attached hereto and incorporated herein by reference.

3. Payment for Services. Section 4(A) of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $100,000 during Fiscal Year 2024-25 in 1 accordance with the amounts set forth in Exhibit "B", attached and incorporated herein.

This Agreement will also include a not-to-exceed 20% contingency of the total annual contract amount equal to $20,000 for unforeseen conditions or additional work. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $120,000 for Fiscal Year 2024-25.

Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.

6. Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 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"
Jamey Clark, Inc.

By:

Print Name:

Title:

By:

Print Name:

Title:
3 ATTACHMENT "1" TO AMENDMENT NO. 1
EXHIBIT "A"

SCOPE OF SERVICES
DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B

EXHIBIT A - SCOPE OF SERVICES
SECTION I. DESCRIPTION OF SERVICES
Overview
The City of Laguna Niguel is seeking (an) exceptionally well-qualified Contractors) to provide general facilities maintenance services such as carpentry, drywall repair, painting and minor building repairs for municipal facilities throughout the City. The work will include the provision of a maintenance and management program including but not limited to the inspection, preventive maintenance, repair, provision of materials and supplies and other tasks and services necessary to ensure safe, well-maintained municipal facilities for City employees and the public. The City intends to award at least two Contractors. Services will encompass a variety of City projects, for multiple City divisions in many different environments. Throughout this contract, the City will have projects that are scheduled and pre-arranged, but they may also have occasional, unanticipated requests needing immediate attention. The awarded Contractors) shall comply with all the applicable provisions of the Local, State, and Federal laws including required Professional Certifications. Work will be requested on a task basis by a City Department Representative to one of the selected Contractors at the time work is required. A brief explanation of the assistance needed will be provided along with the opportunity to view the site. The Contractor will then return a brief description of the approach to the task, a schedule for its completion and estimated cost within 24 hours. The estimated cost is to be based on the pricing submitted in the contractor's proposal to this RFP. When the requesting department's representative has agreed to the approach, schedule and cost, the General Contractor will commence the work within five (5) business days.

Goals
It is the intent of these specifications to describe the service in sufficient detail in order to secure time and materials pricing on the required work. Proposed time and materials prices must be held by the Contractors) through August 2024. All supplies and services not specifically mentioned which are necessary in order to provide the required services, shall be included in the priced proposal at the time the work is requested. It is intended the contracts generated in relation to this request for proposals will streamline the service quotation process. It does not eliminate the right for City divisions to request quotations from other vendors or use the formal proposal process on specific projects, when they feel it will be in the City's best interest. Contracts awarded as a result of this RFP are not a guarantee that any work will be requested. If the price(s) offered in the priced proposals are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items from other vendors, or to cancel the contract upon giving the Contractor thirty (30) days written notice.

City of Laguna Niguel - Public Works Department
RFP2021-012 General Maintenance Services as Needed

Page 12 of 61 ends

DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B SECTION II. STATEMENT OF WORK
Scope of Services
The Contractor shall retain professional personnel who have successfully and competently provided building maintenance and repair services on projects of similar scope and complexity. The maintenance and all repairs shall be provided in accordance with the highest standards of professionalism, skill, workmanship, applicable trade practices, meet warranties and shall conform to all applicable laws, codes and regulations. The successful Bidder's maintenance program and repairs shall, at a minimum, include but not be limited to the specifications outlined herein. The City reserves the right to allow contracts for any and all work which requires a separate low bid process based upon the nature of the work and its anticipated costs. It is the Bidder's responsibility to provide an appropriate level of on-site staffing as specified, provide appropriate tools, environmentally safe "Green" supplies, and vehicles necessary to support all facility maintenance functions during hours of maintenance and standby response. All of the Contract Proposer's functions are to be compliant with all Federal, State, CARB, AQMD, OSHA, Cal Trans and MUTCD and all other regulatory requirements. Contractor shall meet as needed with the City Representative to identify and discuss building modifications, capital improvements, rehabilitation and other recommended expenditures for City's consideration. The Contractor shall provide highly skilled (journey level) personnel capable of providing the services below:

1. GENERAL CARPENTRY
Performing rough and finished carpentry work in construction and repair of structures such as partitions, walls, doors, fences, window frames, office furniture, roofs, shelves, or other facility related items. • Operating woodworking power tools in safe manner.
• Performing fabrication for custom projects as needed.

Performing related painting projects as needed.

MINOR BUILDING MAINTENANCE AND REPAIRS
Contractor shall provide maintenance, service and or repair of door hinges, locks, pneumatics, and other building hardware.

Contractor shall provide window replacement as needed.

Contractor shall repair flag poles as needed.

City of Laguna Niguel - Public Works Department
RFP2021-012 General Maintenance Services as Needed

Page 13 of 61 ends

DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B Contractor shall replace ceiling tiles as needed due to failure or staining.

ROUTINE FACILITY SUPPORT ACTIVITIES
• Contractor shall provide assembly, disassembly, modification of modular workstations and moving furniture as needed.
• Contractor shall perform installation of furniture and related components.
• Contractor shall relocate marker boards, cork boards, filing cabinets and conference tables, and other items typically found in office environments.
• Contractor shall provide general clean-up and maintenance of common areas as needed, during working hours.
• Contractor shall provide support for projects after working hours as needed for duration of projects in the form of providing access and general coordination of other contracted work.

OTHER MAINTENANCE TASKS
• Fencing Repair and Replacement - Cost of all maintenance and repair of fences in drainage ditches or other drainage facilities that are the responsibility of the City. Work may include vandalism repair, repair of chain link fence and posts, adjustments of hardware and touch up painting.
• Concrete and Masonry - Concrete work, patching and masonry repairs shall be completed in a journeyman like manner per Green Book Standards. Finished concrete flat work shall be free of Prepare shal get depressions or low spots. Concrete patches or repairs shall match existing surfaces color and texture. Masonry repairs shall be of same material or approved alternative.

Other Related Maintenance Tasks - All costs associated with any other maintenance function that might typically be performed in the City that is not expressly included in the above.

The contracts) will be established on a time and material basis with some fixed priced items. Contracts will be effective through September 2024 with the option of two (2) City of Laguna Niguel - Public Works Department
RFP2021-012 General Maintenance Services as Needec

Page 14 of 61 ends

DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B additional renewals, on an annual basis, upon agreement of both parties. The City intends to award at least two (2) contracts from this process. There is no guarantee that any work will be requested.

MATERIALS
The Contractor shall furnish all the necessary materials and supplies to complete the work as specified herein. All materials and supplies shall be new, high quality, free from defects and designed for the intended use and shall be subject to the Inspector's approval. All materials shall be purchased at wholesale prices and include the Contractor discount. The Contractors discounts shall be stated in the RFP PRICING SUBMITTAL Section IV.

GENERAL PROVISIONS

DEFINITIONS
General terms and abbreviations:

1.1 Annually - Once per year or every twelve (12) months.

1.2 City - City of Laguna Niguel
Contract - The written Agreement providing for the performance of the maintenance services, including, but not limited to, any change orders thereto, the Notice of Request for Proposal, the Request for Proposal, including instructions to bidders and the specifications for providing the required services, and the Proposal submitted by the Contractor.

1.4 Contractor - The individual, partnership, corporation, joint venture, or other legal entity entering into a contract with the City to perform the work.

1.5 Drough Fil indude the period of normal work week, ie. Monday

1.6 Deficient - Lacking, incomplete, inadequate in amount, quality, etc.

1.7 Director - Director of Public Works/City Engineer

1.8 Inspector - Maintenance Services Manager or designee.

1.9 Repairs - Work required to maintain the systems specified under this agreement.

1.10 Surety - Any individual, firm or corporation, bound with and for the City of Laguna Niguel - Public Works Department
RFP2021-012 General Maintenance Services as Needed

Page 15 of 61 ends

DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B contractor for the acceptable performance, execution, and completion of the work, and for the satisfaction of obligations incurred.

1.11 Weekend - The period from Friday night to Monday morning.

SECTION III. MINIMUM MANDATORY QUALIFICATIONS OF CONTRACTOR Priced Proposals will be considered only from licensed, "B" General Contractors who have been in the commercial building business for at least five (5) years, bondable for $1,000,000.00 or more, financially responsible and have experience personnel able to erform the required service. A general building contractor is a contractor whose principa contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof. The City may request information substantiating the above requirements. Failure to provide this information may result in a Contractor's Proposal being declared non-responsive.

SPECIAL CONDITIONS

1. Assignment and Subcontracting
The General Contractor's work force is expected to perform the work under this contract. The General Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of the City of Laguna Niguel's project manager, nor shall they assign, by power of attorney or otherwise, any money payable under the Contract unless written consent of the City of Laguna Niguel has been obtained. No right under the Contract, nor claim for any money due or to become due shall be asserted against the City of Laguna Niguel, or persons acting for the City of Laguna Niguel, by reason of any so-called assignment of the Contract or any part thereof, unless such assignment has been authorized by the written consent of the City of Laguna Niguel. In case the General Contractor is permitted to assigr nonies due or to become due under the Contract, the instrument of ssignment shall contain a clause subordinating the claim of the assignee t Il prior liens for services rendered or materials supplied for the performanc of the work.

Safety
The Contractor and his personnel are expected to follow all City of Laguna Niguel safety rules, regulations and operating procedures. The Contractor is expected to provide all necessary personal protective equipment for his or City of Laguna Niguel - Public Works Department
RFP2021-012 General Maintenance Services as Needed

Page 16 of 61 ends

DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B her employees.

Permits, Fees and Licenses
The Contractor is responsible for submitting and paying all fees, permits, inspections, etc., as required in conjunction with the Contract, from project initiation through construction, completion and acceptance by controlling authorities, with necessary record and certificate copies thereof furnished to the City. The City will provide building permit and inspection if required. The Contractor will be licensed through the State of California Contractors Board.

Proof of this license is required by the City.

4. Pricing and Payments
Proposal pricing shall be submitted on a time and materials basis and as itemized on the pricing submittal page. At the time a City department representative contacts an awarded contractor, that contractor shall provide the employee with an itemized price for the specific project. The itemized pricing for that specific project shall be based on the RFP pricing as submitted. Parts needed, but not listed on the RFP pricing submittal page shall be subject to a cost percent markup as determined by the amount listed on the contractor's proposal. No retail pricing will be accepted. Payments shall be made on a monthly basis after receipt of itemized billing per job. The contractor's invoice will be detailed showing quantity, description and unit pricing for all labor and materials per City project. Prices shall match those on the contractor's RFP proposal and specified priced proposal (per project).

For parts not priced in the RFP proposals, contractors will need to provide a copy of their parts invoice as support for charges. Discrepancies between RFP pricing and the invoice pricing will delay payment.

Warranty
For a period of 365 days commencing with installation, all parts installed by the Contractor shall be warranted by the Contractor to be in satisfactory working order and condition.

Upon written notice from the City, the Contractor shall immediately repair or replace, at his own expense, all or any parts that may prove to be defective during the period of this warranty, whether installed initially or as repair or replacement under this warranty.

The Contractor further warrants that any such repair or replacement shall remain in satisfactory working order and condition for a period of 365 days after the repair is made or the replacement parts installed.

City of Laguna Niguel - Public Works Department
RFP2021-012 General Maintenance Services as Needed

Page 17 of 61 ends

DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B Work Standards
All chemicals, equipment and materials proposed must conform to the standard required by OSHA/COSH. All work and/or materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes, and ordinances.

MSDS sheets will be kept on site in a project folder for each project. Permits must be posted on site.

Contractor Qualifications
In determining the contractors) best suited for the work, in addition to price, the factors listed below will be considered. A proposal may be rejected if, in the judgment of the City, the contractor does not comply with or meet the criteria defined in one or more of these factors:

The ability, capacity and skill of the Contractor to perform the Contract or provide the services required;
The ability to perform the Contract or provide the service promptly or within the time specified, without delay or interference; absolute discretion of the City;
The quality of performance on previous City Contracts or services will be considered. Failure on the part of any Contractor to carry out previous contract satisfactorily shall be deemed sufficient cause for disqualification;
The experience of the Contractor and the availability of tools, equipment, and resources necessary to complete the current project.

Sufficient cause for disqualification of the Contractor will exist if, in the City's opinion, the Contractor does not have adequate experience or equipment to properly perform the Work under the Contract; • The sufficiency of the financial resources and ability of the Contractor to perform the Contract or provide the service;
• The quality, availability, and adaptability of the supplies or contractual services to the particular use required; and
City of Laguna Niguel - Public Works Department
RFP2021-012 General Maintenance Services as Needec

Page 18 of 61 ends

DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B • The ability of the Contractor to provide future maintenance and service for the use of the subject of the contract.

Miscellaneous
It is understood that any/all changes or revisions to our published specifications, proposal documents and contracts will be through written addendums. All other conditions not specifically mentioned, which are necessary in order to provide supplies and services, shall be included in the proposal and shall conform in strength, quality of materials and workmanship to what is provided the trade in general.

Laws Governing Contract
This contract shall be in accordance with the laws of the state of California.

The parties stipulate that this contract was entered into in the County of Orange, in state of California. The parties further stipulate that the County of Orange, , California, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from.

10. Hours of Work
All outdoor/indoor checks, troubleshooting, maintenance and repair shall be accomplished between the hours of 8:00am - 5:00pm, Monday-Friday.

11. Damage
The contractor shall be held responsible for any breakage, loss of the City of Laguna Niguel's equipment or supplies through negligence of the contractor or his employee while working on the City of Laguna Niguel's premises. The contractor shall be responsible for restoring or replacing any equipment, facilities, etc. so damaged. The contractor shall immediately report to the City of Laguna Niguel any damages to the premises resulting from services performed under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this contract.

12. Independent Contractor
In accepting this contract, Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this City of Laguna Niguel - Public Works Department
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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B contract is an officer or employee of City of Laguna Niguel. It is expressly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City of Laguna Niguel.

13. Protection of Public
Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the contractor to give advised and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area.

14. Unknown Obstructions
Should any unknown obstruction be encountered during the course of this contract the Contractor shall immediately bring it to the attention of the City Representative. The Contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area.

15. Clean-up
During performance and upon completion of work on this project contractor will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, rubbish and debris, and legally dispose of same, unless otherwise directed by these specifications. Contractor shall leave entire area in a neat, clean and acceptable condition as approved by the City.

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EXHIBIT B - RATES AND SCHEDULE OF PAYMENTS

PRICING
Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associate cost.

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

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

Supervision Ratio: What is the time ratio of supervision to labor staff personnel needed - 20% Leo project under this contract, assume 100% of total staff time. Example.

Construction & Hourly Rate Hourly Rate Hourly Rate
Maintenance Area Normal Business Overtime Emergency and Hours After Hours
Labor $ 84.50 $126.75 $126.75
Supervisory $ 94.50 $141.75 $141.75
Apprentice $ 49.50 $74.25 $74.25
Supervision Ratio % S=10% I=90%
Material Mark Up % 10
RATES (for additional services or specialized equipment prices) What is your hourly charge during normal business hours? Bobcat and labor to operate it. $ 84.50 /Hour
Man Lift and labor to operate it. $ 84.50 /Hour
The labor to operate the specialized equipment will complete the given project (no additional labor expected): DYES ONO
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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B What is your hourly charge outside normal business hours? Bobcat and labor to operate it. $126.75_/Hour
Man Lift and labor to operate it. $126.75/Hour
The labor to operate the specialized equipment will complete the given project (no additional labor expected): DIES •NO
If you will need to charge for other equipment (i.e. forklift, scaffolding, drills), list them and the rates here. Prices shall include the item and the labor.

ADDITIONAL ITEMS
What are the normal business hours and working days for your company? 7: 00am - 5:00pm
Will mileage be charged to the City? If so, from where? At what rate? NO
Are there any surcharges such as fuel, disposables, etc.? Please list a description of the surcharge with the appropriate pricing.

NONE
The City prefers one (1) man/one (1) hour as a minimum callout charge. What is your minimum callout time that you bill?
One (1) man hour
What is your response time for an emergency call?
30 minutes
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PERCENTAGE MARK-UP/VENDORS
What is the percentage mark-up from your wholesale cost? N/ A
List all wholesale vendors, addresses, telephone number, e-mail address, names of contacts and time percent discount you are given.

Included in the pricing are surveying and site inspection services, mobilization/parking, traffic control, demolition, and removal of debris removal, final inspection, and administration.

ANNUAL CONTRACT COST:

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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 second-year term. For the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all the performance standards as established by this Contract.

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

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

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

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

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

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

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

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

Implementing these changes:

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

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 which will be implemented.

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

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:

Licensed through the California State Contractors Board (CSLB) Class B General Contractors license
Minimum of five (5) full years of experiences similar work Proof of similar contract services in an amount greater than $25,000 annually Work experience with Cities, Counties, local government agencies • Bonded and insured (See requirements pg.-15.)

WORKING HOURS
Normal working hours shall be between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday.

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SCHEDULES
The Contractor shall follow the currently established schedule and assign its manpower and equipment resources accordingly. All work shall be complete and work areas cleaned within the time frames indicated.

A. Schedule Changes by the City. Changes or variations in scheduling may be necessary by City special events, Public Works projects, other maintenance projects outside of this contract, etc. The Contractor shall adapt any or all schedules to the City's requests with no penalty or charge to the City for services not provided.

A minimum of 48-hour notice will be provided in such cases by the City.

Schedule Change by the Contractor. If the Contractor should choose to change its schedule, the Contractor will be required to produce a new schedule. The new schedule must be approved by the Director of Public Works prior to implementing the changes.

The Contractor shall submit any revised schedules immediately when actual performance will differ from planned performance, not less than forty-eight (48) hours in advance of any change, when applicable.

Failure to notify the City of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date.

EXCEPTION TO THE SCHEDULE
Been score alre to weather, eternmen reices , or for an design re when work has A. Inclement Weather. When inclement weather prevents adherence to the regular scheduled work, the Contractor shall not be required to comply with the schedule.

Work will be rescheduled in agreement with the Maintenance Services Manager of designee.

B. Other than Inclement Weather. In the event, the Contractor is prevented from completing the work scheduled because of equipment breakdown or reasons other than inclement weather, the Contractor shall be required to complete the work deferred as soon as possible.
ity of Laguna Niguel - Public Works Departmer
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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B ey Holidan yent reories not prove all on suit legal assad ne made:
• New Year's Day
• Martin Luther King, Jr. Day
• President's Day
• Memorial Day
• Independence Day
• Labor Day
Veteran's Day
• Thanksgiving Day
• Thanksgiving Day After
• Christmas Eve Day
• Christmas Day
• Day After Christmas
• New Year's Eve Day
The Contractor shall schedule work around these holidays, without interrupting/interfering with the public's right of way access. Any work not completed must be protected and allow for the public and City staff to access safely.

COORDINATION WITH OTHER CITY PROGRAMS
This contract will require the Contractor to establish and maintain good working relationships with various work units in the City. The Contractor shall be responsible for cooperating and coordinating with related City programs.

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

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

EMERGENCY SERVICE
Contractor shall provide a 24-hour telephone number for 24-hour emergency callout service.

The Contractor will provide the City with names and telephone numbers of at least two (2) qualified persons who can be called by City representatives when emergency City of Laguna Niguel - Public Works Department
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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B maintenance conditions occur during hours when the Contractor's normal work force is not present. These Contractor representatives shall respond to said emergency within one (1) hour.

Compensation for emergency callouts shall be on an hourly basis according to the rates listed in the Bid - Schedule of Prices.

AS NEEDED SERVICES (EXTRA WORK)
Under ordinary conditions, payment will not be authorized for additional work, unless the work and costs thereof, are first approved in writing by the City.

As Needed Services for miscellaneous extra work is to include but not be limited to:

The Contractor shall obtain written approval from the Maintenance Services Manager prior to proceeding with any extra work except for emergency work.

Contractor shall submit a written proposal to the City when extra work is required or requested by the City. The City reserves the right to have any extra work completed by other contractors or City forces. All work performed under this section shall not interfere with, or reduce, normal maintenance schedules or activities.

EQUIPMENT, MATERIALS AND VEHICLES

VEHICLES/EQUIPMENT
Contractor's work vehicles and equipment will be maintained and operated in conformance with the highest professional standards, both aesthetically and to maintain highest operational performance, as not to delay, or impact working schedules.

VEHICLES LOGO
Contractor shall display the name of his/her firm on any vehicles used by the Contractor's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from fifty (50) feet along with office telephone number. All vehicles shall also have a mechanically or magnetically attached sign on each side of vehicle reading "Under contract with the City of Laguna Niguel".

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.

WATER USAGE
The Contractor is to be responsible for the water used for construction methods, equipment necessary to comply with these specifications. Contractor is to contact Moulton Niguel Water District and obtain a water meter. The Contractor shall endeavor to not waste water and shall conserve wherever and whenever possible in his/her City of Laguna Niguel - Public Works Department
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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B operations.

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.

PERFORMANCE STANDARDS

LEVEL OF CLEANING
The Contractor shall clean, prime, and paint to industry standards. Provide protection to surrounding surfaces public/private property, and landscape. Contractor to dispose of all debris, residual construction materials accumulated as a result of operations and shall not allow any debris to remain on private or public property for more than one day after it is accumulated. All material picked up shall become the property of the Contractor and shall be disposed of properly.

Where areas that are inaccessible by machinery, it shall be hand swept to remove dust, dirt, sand, A/C, concrete debris to present a clean and neat appearance at all times. All debris must be picked up and removed.

MEETING
The Contractor shall be responsible for attending meetings arranged by the City or other agencies. The Contractor shall meet at the time and location as specified by the Maintenance Services Manager or designee to discuss maintenance issues and priorities.

The Contractor's representative shall be the Supervisors) appointed to the contract.

A. Inspection of the area included in the agreement will be made by the City and Contractor. The results of each inspection will be recorded, forwarded to the Contractor, and retained for reference.

Any specific problem area which does not meet the conditions of the specifications set forth herein, as a result of the Contractor's work as assigned, shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner by the Maintenance Services Manager.

REPORTS
The Contractor shall keep accurate records concerning all its employees or agents and provide the City within ten (10) working days of the effective date of this agreement with names, titles, addresses, and telephone numbers of employees to be called in an emergency. The City has the option to request changing the employees if not satisfied with them.

The Contractor shall permit the City to inspect and audit its books and records at any, and City of Laguna Niguel - Public Works Department|
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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B all reasonable times.
• Weekly work schedule Report
Monthly Performance Report
• Revised Calendar/Schedules (when required)
A. Weekly work schedule Report. The Contractor shall complete a daily work report indicating totals and types of work performed, the titles of and/or type of work equipment, staff, and the exact location of the work performed.

This report shall also contain a description, including man hours, labor classifications, prevailing wage paid, equipment, and materials breakdowns and costs used to accomplish any assigned work and/or additional work which the contractor deems to be beyond the scope of the contract.

B. Monthly Performance Report. A monthly report shall summarize the total of the following information:

1. Work Orders performed

2. Extra Work

3. Emergency Call out's

4. Number of complaints received each day and how they were resolved C. Disposal/Discharge Record (quarterly). Contractor shall submit a statement reporting total loads of debris and refuse hauled to dumpsite, if applicable.

The Contractor shall be responsible for properly and legally disposing of any type of waste or debris. The Contractor shall keep a "Disposal Record," to be periodically provided upon demand by the City, for review by the City, and shall list dates, type and quantity of waste or debris disposed of, and shall show receipts for its disposal.

The City shall in no way be responsible for the disposal, or final destination of any waste or debris disposed of or produced in connection with this contract. Contractor Shall pay all disposal fees. The City does not have disposal sites. No debris shall be left on any street or within the public right-of-way. All debris dumped on a City street for removal by Contractor later in the day will have appropriate warning devices placed around this debris.

DEFICIENT IN PEFORMANCE
It is intended that the Contractor will schedule his/her operations to meet or exceed performance standards requirements in the areas as assigned. The Maintenance Services Manager shall notify the Contractor by telephone or email of performance issues. The deficiency activities shall be documented in the Deficiency Report and the Contractor is required to comply to make corrections at no cost to the City.

City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and City of Laguna Niguel - Public Works Department
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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B extent of the unsatisfactory work. A copy of the City inspection record for the facility, with associated deduction calculation will be furnished to the Contractor prior to a deduction being made. All work determined by the Maintenance Services Manager to be defective or deficient in any of the requirements shall be remedied by the Contractor at Contractor's expense and in a manner acceptable to the City of Laguna Niguel.

If deficiencies are not remedied within 24 hours of the time City notified Contractor of such failure, Contractor agrees to pay (as liquidated damages and not as a penalty) in the amount of $500 per working day.

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.

SPILLS MATERIAL OR EQUIPMENT SPILLS
The Contractor shall be responsible to pick up any spillage of cleaning solvents/ primer/paint, and residual debris produced during operations.

The Contractor shall immediately stop in the event of spillage and the area cleaned within two hours. If it is determined by the Maintenance Services Manager that the Contractor has failed to execute a proper cleanup, any/all costs incurred by City to do so will be deducted from the following invoice to be paid to the Contractor.

INVENTORY
Current Inventories to be provided by CONTRACTOR for the services required under the Agreement. CONTRACTOR may request past inventory by the City once award of contract is established.

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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B LABOR

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

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

Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City not more than fifty dollars ($50) for each labor, workman, or mechanic employed for each calendar day or portion thereof if such labor, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.

TRAVEL AND SUBSISTENCE PAYMENTS
Code Section 1773.8. (If applicable)

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

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

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

The Contractor will permit access to its records by the Fair Employment Practices City of Laguna Niguel - Public Works Department
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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B Commission for investigation of compliance with Fair Employment Practices. That should investigation determine that the Contractor has not complied with the Fair Employment Practices, then pursuant to Sections 1735 and 1775 of the Labor Code, the Contractor shall forfeit to the City one hundred Dollars ($100.00) for each calendar day or portion thereof, for each person so denied employment as a result of non-compliance.

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

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

PERSONNEL

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

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

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

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

HEALTH
All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises. Neither shall the Contractor allow the use of alcohol or City of Laguna Niguel - Public Works Department
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MINIMUM MANPOWER
Failure of the Contractor to comply with, Contractor proposed minimum manpower, will result in a deficiency deduction of One Hundred Dollars ($100.00) per person, per day.

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

REPLACING KEY PERSONNEL
It is essential that the Contractor provide adequate experienced personnel, capable of and levoted to the successful accomplishment of work to be performed under this contract he Contractor must agree to assign specific individuals to the key positions. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.

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

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

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

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

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

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RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
Class B, General Contractors License

CONTRACTOR'S OFFICE/FACILITIES
The Contractor shall maintain an office or base of operations within Orange County. The only exception will be if the Contractor can fully demonstrate that he is capable of meeting all of the requirements, including emergency operations, specified herein. The Contractor shall maintain a telephonic communications system such as:
• Twenty-four-hour emergency notification to Contractor by the City is possible • All calls are returned within one (1) hour
• All calls are toll free from Laguna Niguel

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

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

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

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

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

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RFP2021-012 General Facilities Maintenance Services as Needed

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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B

COOPERATION/COLLATERAL WORK
The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by City forces and other Contractors. These activities will include, but are not limited to: remodeling/reconstruction, landscape refurbishment, programs, classes, special events, and sporting events. The Contractor may be required to modify, curtail or aid in certain operations and shall promptly comply with any request by the Maintenance Services Manager to cooperate. It is possible to extent of these requests may cause additional expense to the Contractor. Payment for any additional expense will invoice under "As Needed Services."

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

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

VEHICLES AND VEHICLE APPEARANCE
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. Failure to comply shall result in a deduction of One Hundred Dollars ($100.00) per vehicle per day.

WORKSITE LIMITS
All operations shall be restricted to the City facilities, City owned parks, City leased property and City right of way. 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 ity of Laguna Niguel - Public Works Departmer
-P2021-012 General Facilities Maintenance Services as Need

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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B

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

GENERAL ENVIRONMENTAL REQUIREMENTS

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

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

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, tractors that may or may not be owned by the Contractor.

City of Laguna Niguel - Public Works Department
RFP2021-012 General Facilities Maintenance Services as Needed

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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B

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

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

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

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

PAYMENT

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

PROJECT
At the completion of each assigned task or project, the Contractor shall submit an invoice for payment which shall summarize all completed work relevant to that task or project.

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

AUTHORIZTION TO PERFORM SERVICES
The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Maintenance Services Manager or his/her designee.

INVOICING
The Contractor shall EMAIL the invoice which shall summarize all completed work on City of Laguna Niguel - Public Works Department
RFP2021-012 General Facilities Maintenance Services as Needed

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DocuSign Envelope ID: 1E5EB4DE-4CE1-4BDF-8D31-8DB8A5F1F20B standard Company letterhead forms. Payment will be made subject to approval of the Maintenance Services Manager

1. Invoices SHALL BE E-MAILED to:

[email protected]
As well as backup to:
[email protected]
The invoice shall include the following:

A. Invoice number
B. Purchase Order number
C. Facility name, date of services, description of work and any additional work D. Contract Amount, Total Billed to Date, Remaining Balance Example:

Total Contract Amount $ 160,000.00
Total Billed to Date $ 11,5.56
Remaining Balance 11,153.36
City of Laguna Niguel - Public Works Department
RFP2021-012 General Facilities Maintenance Services as Needed

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ATTACHMENT "2" TO AMENDMENT NO. 1
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
PROPOSAL FEE SHEET: LABOR
RFP 2021-012 GENERAL FACILITIES MAINTENANACE SERVICES AS NEEDED To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name: Jamey Clark, Inc. CCL#866453 DIR#1000020218
Authorized Representative: James Clark
Title: Founder & CEO
Email Address: [email protected]
Address: 23151 Alcalde Dr. Suite B-4
City, State, and Zip Code: Laguna Hills, CA 92653
Telephone: 949-588-9692
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.

Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in Scope of Work.

PART A - SERVICE RATE
Title Hourly Rate Hourly Rate Hourly Rate
Regular Time Overtime Emergency
Callout
Labor $ 84:50 $87.04 $1-26-75 $3750.35
$130.55
Supervisory $ 94:50 $97.34 $141:75$146 $141-75
$146
Apprentice $ 49:50 $50.99 376-35 $74-25-
$76.48
Supervision Ratio % S=10% L= 90%
Material Mark Up % 10
James Clark
By: Date: 8/10/2-1 04/10/24
Signature of Representative
City of Laguna Niguel - Public Works Department
RFP2021-012 General Facilities Maintenance Services as Needec

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ATTACHMENT F
Amendment 1 to Maintenance Services Agreement with
Jamey Clark, Inc.

AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES MAINTENANCE

AND INSPECTION SERVICES
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE SERVICES (This Amendment No. 1"), is entered into as of _ by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Jamey Clark, Inc., a California Corporation, hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties"
RECIIALS:

A. The City contracted with the Contractor to provide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services to be provided within the City of Laguna Niguel.

B. The City entered into a Maintenance Services Agreement for the City of Laguna Niguel Public Works Department with the Contractor dated September 16, 2021 (the "Agreement") to provide maintenance services as requested by the City. The Term of the Agreement commenced on September 16, 2021, and is set to expire on June 30, 2024.

AGREEMENI:

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

2. Scope of Services. Exhibit "A" of the Agreement is hereby amended to incorporate the amended schedule of compensation and rename the exhibit to "Scope of Services and Schedule of Compensation" as shown in Attachment "1" to this Amendment No. 1, attached hereto and incorporated herein by reference. 1 3. Payment for Services. Section 4(A) of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $100,000 during Fiscal Year 2024-25 in accordance with the amounts set forth in Exhibit "A", attached and incorporated herein.

In no event shall the total compensation paid to the Contractor exceed $120,000 for Fiscal Year 2024-25.

5. Exhibit "B", , Schedule of Compensation; Method of Payment. This exhibit is removed in its entirety from the Agreement.

6. Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.
2 Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the 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"
Jamey Clark, Inc.

By:

Print Name:

Title:

By:

Print Name:

Title:
4 ATTACHMENT "1 "TO AMENDMENT NO. 1
EXHIBIT "A"

SCOPE OF SERVICES AND SCHEDULE OF COMPENSATION
DocuSign Envelope ID: 7FB88A08-AB17-467C-A7B1-507C9F7EB1E8 RFP 2021-016 CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES

MAINTENANCE AND INSPECTION SERVICES

PART A- ON-CALL MAINTENANCE WORK
The Proposer shall complete the Proposal Fee Sheet as provided below for the cost of On-Call Maintenance services as described in the Scope of Services. *Estimated
Item Quantity and Unit Price or Mark-Up
No. Item of Work Units Rate Total
Contractors malkup $11,330
Cost of parts $10,300/year
1 and materials from supplier invoice $ II;000
$10,000/year* price. Shall not exceed (Extended
(*Estimated) 10% Amount)
Cost of $1,030
Authorized $1,030/year $1,000
2 Equipment $1,000/year* (Stipulated
Rental (*Estimate) Caltrans Rental Rates Amount)
Cost of labor for
maintenance
3 and repairs,
(Monday - $ 36,000537,080
Friday, 8:00 AM 400 Hours* $ 9U $92.70 (Extended
- 5:00 PM) (*Estimated) Per hour Amount)
Cost of
Emergency,
4 Holiday or "after
hours" labor for $ 8;100 $8,343
maintenance 60 Hours* $ 135 $139.05 (Extended
and repairs (*Estimated) Per hour Amount)
ANNUAL TOTAL $ 567100857,783
James Clark 6/29/21 04/10/24
By: Date:

Signature of Representative
City of Laguna Niguel - Public Works Department
RFP2021-016 Citywide On-Call Parks, Playground and Amenities Maintenance and Inspection Services

Page 108 of 136 ends

DocuSign Envelope ID: 7FB88A08-AB17-467C-A7B1-507C9F7EB1E8 RFP 2021-016 CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES

MAINTENANCE AND INSPECTION SERVICES

ON-CALL AND ANNUAL PLAYGROUND ONLY SAFETY AND ADA COMPLIANCE

INSPECTION
It is at the sole discretion of the City to utilize other vendors for the annual playground only safety and ADA compliance inspections.

Payment for the annual playground only inspections are set at the rate set forth below:

SITE SITE LOCATION ONE TIME INSPECTION
No. AMOUNT
1 Beacon Hill Park 24403 Beacon Hill Way $ 750 $772.5
2 Bear Brand Park 32385 Park Road $ 850 $875.50
3 Chapparosa Park 29151 Chapparosa Park Road $ -850 $875.50 4 Clipper Cove Park 29325 Clipper Way $ 950 $978.50
6 Crown Valley Park 29751 Crown Valley Parkway $ -7,100 $1,133 7 Hidden Hills Park 27802 Springwood -850 $875.50
8 La Hermosa Park 24462 La Hermosa Avenue $ 750 $772.5
9 La Plata Park 25006 La Plata Drive $ 750 $772.5
10 Marina Hills Park 24802 Marina Hills Drive $ 700 $721 11 Niguel Heights Park 27804 Niguel Heights $ 750 $772.5 Boulevard
12 Niguel Woods Park 29883 White Otter Lane $ 700 $721
13 Ocean Breeze Park 32311 ½ Charles Road $ -800 $824
14 Parc Vista Park 30618 Parc Vista $ 750 $772.5
15 Rancho Niguel Park 28333 Crown Valley $ 700 $721
Parkway
(Behind Marian Bergeson ES)
16 Reef View Node Park 25326 Reef Circle $ -700 $721
17 Ridgeview Park 29061 Ridgeview $ N/ A
18 Seminole Park 30802 Seminole Place $ 750 $772.5
19 Yosemite Park 24481 Yosemite Road $ 750- $772.5
TOTAL $ 13,350 $13,853.50
By: James Clark Date:_ 6/29121 04/10/24
Signature of Representative
RiP 2021-016 Gried- On-al Parks, Playground and Amenities Maintenance and Inspection Services

Page 109 of 136 ends

DocuSign Envelope ID: 7FB88A08-AB17-467C-A7B1-507C9F7EB1E8 RFP 2021-016 CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES

MAINTENANCE AND INSPECTION SERVICES

ON-CALL AND ANNUAL GENERAL WHOLE PARK SAFETY INSPECTION It is at the sole discretion of the City to utilize other vendors for the annual whole park safety inspections.

Payment for the on-call/annual general whole park inspections are set at the rate set forth below:

SITE SITE LOCATION ONE TIME INSPECTION
No. AMOUNT
1 Beacon Hill Park 24403 Beacon Hill Way $ 540 $556.20
2 Bear Brand Park 32385 Park Road $ 540 $556.20
Chapparosa Park 29151 Chapparosa Park Road $ -540 $556.20 3 4 Clipper Cove Park 29325 Clipper Way $ 405 $417.15
5 Crown Royale Park 29350 Crown Royale $ 405 $417.15
6 Crown Valley Park 29751 Crown Valley Parkway $ 675 $695.25 7 El Lazo Basketball Court 23804 El Lazo Road -540 $556.20 Hidden Hills Park 27802 Springwood $ -405- $417.15
8 9 Juaneno Park 25608 Hidden Hills Road $ -540 $556.20 $ 675 $695.25
10 Laguna Niguel Skate and Soccer Park
27745 Alicia Parkway
11 La Hermosa Park 24462 La Hermosa Avenue $ 405 $417.15 12 La Paz Sports Park 28051 La Paz Road $ -675 $695.25
13 La Plata Park 25006 La Plata Drive $ 405 $417.15
14 Longview Park 25575 Catalina $ 405 $417.15
15 Marina Hills Park 24802 Marina Hills Drive $ 675- $695.25 16 Niguel Heights Park 27804 Niguel Heights $ 540 $556.20 17 Niguel Road Park 30983 Killini $ -405 $417.15
18 Niguel Woods Park 29883 White Otter Lane $ 405 S417.15 James Clark -6/29/21 04/10/24
By: Date:

Signature of Representative
REP 2021-016 Gigid- On-cal aks, Playground and Amenties Maintenance and Inspection Services

Page 110 of 136 ends

DocuSign Envelope ID: 7FB88A08-AB17-467C-A7B1-507C9F7EB1E8 /19 Ocean Breeze Park 32311 ½ Charles Road $ -540 $556.20 20 Parc Vista Overlook Park 405 $417.15
21 Parc Vista Park 30618 Parc Vista $ 405 $417.15
22 Parc Vista View Node Park 405 $417.15
23 Pooch Park Golden Lantern (part of Chapparosa $ -540 $556.20 Park)
24 Rancho Niguel Park 28333 Crown Valley $ -540- $556.20 Parkway
(Behind Marian Bergeson ES)
25 Redondo View Node Park 25575 Redondo Circle $ 405-$417.15 26 Reef View Node Park 25326 Reef Circle $ 405 $417.15
27 Ridgeview Park 29061 Ridgeview $ -705 $417.15
28 Salt Creek Park/Trail/Greenbelt $ -5-40 $556.20
Connecting Chapparosa Park to Niguel Road Park
29 Seminole Park 30802 Seminole Place $ -405- $417.15
30 Yosemite Park 24481 Yosemite Road $ 405 $417.15
TOTAL $ 14,580 $15,017.40

SITE SCHOOLS JOINT USE INSPECTION ONE TIME INSPECTION
No. SITE LOCATION AMOUNT
1 Crown Valley Elementary School Joint Use $ -675 $695.25 Field
29292 Crown Valley Parkway
2 George White Elementary School Joint Use $ 540 $556.20 Field
25422 Chapparosa Park Road
3 Laguna Niguel Elementary School Joint Use $ -540- $556.20 Field
27922 Niguel Heights Boulevard
4 Moulton Elementary School Joint Use Field $ -540 $556.20 29851 Highlands Ave
5 Niguel Hills Middle School Joint Use Field $ 810. $834.30 29070 Shark Bay
TOTAL $ -3-1-05 $3,198.15
James Clark Date:_ 6/29/21 04/10/24
By:

Signature of Representative
CP 2021,018 Gigid- Pa-al Paks, Playground and Amenities Maintenance and Inspection Senices

Page 111 of 136 ends

DocuSign Envelope ID: 7FB88A08-AB17-467C-A7B1-507C9F7EB1E8 RFP 2021-016 CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES

MAINTENANCE AND INSPECTION SERVICES

SITE TRAILS INSPECTION ONE TIME INSPECTION
No. SITE LOCATION AMOUNT
1 Crown Valley Right of Way (Apex & Picerne) $ -405- $417.15 2 Niguel Road Right of Way 675 $695.25
3 Oso Creek (North and South) $ -405- $417.15
4 South Peak Trail $ -8:10 $834.30
TOTAL $ -2,295- S2,363.85
On-Call Maintenance Rubber Safety Surface
ITEM ITEM UNIT EST. Amount Extended
No. QTY. per Amount
Sq. Ft
1 Playground Safety Surface 3,000 $ :65 $ -1,950
General Cleaning (Avg.) .67 $2,010
2 Playground Safety Surface Sq. Ft. 3,000 $ 7:75 $ -5,250 Cleaning and Binder (Avg.) $1.80 $5,400
Renovation/Rejuvenation
3 Playground Safety Surface Local / Sq. Ft. 100 $ -16 $ 7,600 Damage Repair (Typ.) $16.48 $1,648
Total On-Call maintenance Rubber Safety Surface $ 8,800 $9,064
Date: 6129721- 04/10/24
By: James Clark
Signature of Representative
tv of Laguna Niquel - Public Works Departmer
-P2021-016 Citvwide On-Call Parks. Plavaround and Amenities Maintenance and Inspection service

Page 112 of 136 ends

ATTACHMENT G
Amendment 2 to Maintenance Services Agreement with
M. Brey Electric, Inc.

AMENDMENT NO. 2 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

ON-CALL CITYWIDE ELECTRICAL MAINTENANCE AND REPAIR SERVICES THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR MAINTENANCE
SERVICES ("Amendment No. 2"), is entered into as of _, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and M. Brey Electric, Inc., a California Corporation, hereinafter the "Contractor." RECIIALS:

A. The Parties entered into that certain Agreement for Maintenance Services dated June 16, 2020, for the provision of On-Call Citywide Electrical Maintenance and Repair Services ("Agreement").

C. The Parties now desire to amend the Agreement in order to 1) extend the term of the Agreement for one (1) additional year from July 1, 2024 to June 30, 2025 exercising the second of two optional term extensions; 2) increase the total compensation under the Agreement to provide for a 3% rate increase and a contingency allowance equal to 20% of the annual compensation paid to Contractor and 3) modify insurance requirements under the Agreement ("Amendment No. 2").

AGREEMENI:

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

Term. This Amendment No. 2 shall become effective as of the date stated above and extends the term of the Agreement through June 30, 2025, subject to termination as provided in the Agreement, except the indemnification provisions contained in the Agreement, as amended by Amendment No. 1, shall remain in full force and effect after Amendment No. 2 is terminated.

Payment of Service. Section 4(A) of the Agreement is hereby amended in its entirety as follows:
"In consideration for services rendered hereunder, the City shall pay Contractor a not-to-exceed fee of $103,000 for Fiscal Year 2024-25 as described in this 1 Agreement, in accordance with the amounts and in the manner and at the times set forth in Exhibit "B".

This Agreement will also include a not-to-exceed 20% contingency of the total contract value equal to $20,600 for Fiscal Year 2024-25 for unforeseen conditions or additional work as described in this Agreement. Prior to the use of the contingency allowance and commencement of the work, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $123,600 for Fiscal Year 2024-25."
Liability Insurance. Section 12, subparagraph B(1) of the Agreement is hereby amended in its entirely as follows:
"Contractor shall maintain commercial general liability insurance with coverage at least as board as Insurance Services Office from 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."

5. Schedule of Compensation; Method of Payment. Exhibit "B" of the Agreement is hereby amended as provided in Attachment "" of this Amendment No. 2, attached hereto and incorporated herein by reference.

6. Continuation of Terms and Conditions of Agreement. Except as otherwise provided in this Amendment No. 2, all terms and conditions of the Agreement, as amended by Amendment No. 1, shall remain in full force and effect, and shall apply to the performance of services under this Amendment No. 2.

Authority to Sign. The Persons executing this Amendment No. 2 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 2 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 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"
M. Brey Electric, Inc.

By: _
Print Name:

Title:

By:

Print Name:

Title:
3 ATTACHMENT "1" TO AMENDMENT NO. 2
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
4 EXHIBIT "A"

CITY OF LAGUNA NIGUEL
On-Call Citywide Electrical Maintenance and Repair Services

PROPOSAL COST SHEET
I. PRICING
Labor: is the cost per hour for one non-supervisory or apprentice personnel including all associate cost.

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

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

Labor Only Items Regular Rate/Hr. Overtime Emergency/Holiday (Business Hrs.) Rate Hr. Rate/Hr.

Maintenance Electrician $ 101 $ 136 $ 168
Journeyman Maintenance Electrician $ 128 $ 169 $210
Equipment Only Items Regular Rate/Hr. Overtime Emergency/Holiday (Business Hrs.) Rate Hr. Rate/Hr.

Service Body Truck/Vehicle $ 14.50 $ 14.50 $14.50
Bucket Truck w/Service Body $ 20.50 $ 20.50 $ 20.50
Scissor Lift to 60' $ 103 $206 $ 309
Aerial Man Lift to 80° $ 159 $ 309 $ 464
Labor and Equipment Items Regular Rate/Hr. Overtime Emergency/Holiday (Business Hrs.) Rate Hr. Rate/Hr.

Service Body Truck/Vehicle $ $182.40
w/Maintenance Electrician 115.40 150.40
Service Body Truck/Vehicle $ $ $
W/ Journeyman Maintenance 224.50
Electrician 142.50 183.50
Bucket Truck w/ Service Body $ $ $
w/Maintenance Electrician 121.50 156.50 188.50
Bucket Truck w/ Service Body $ $ $
Journeyman Maintenance 230.50
Electrician 148.50 189.50
Scissor Lift to 60' w/Maintenance $ $ $
Electrician 342 477
204
Scissor Lift to 60' W/ Journeyman $ $375 $ 519
Maintenance Electrician 231
Aerial Man Lift to 80' w/Maintenance $ $ $
Electrician 260 445 632
Aerial Man Lift to 80° W/ Journeyman $ $ $674
Maintenance Electrician 287 478
Monthly Nighttime Inspection on $ $
773 773 $ 773
Freeway Pylons
Annual Wash of Two (2) Freeway $ $ $ 10,240
Pylon Signs 10,240 10,240
Materials Markup: 5 %
29 ATTACHMENT H
Amendment 1 to Maintenance Services Agreement with
Otis Worldwide Corporation dba Otis Elevator Company
AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

ELEVATOR PREVENTIVE MAINTENANCE AND REPAIR FOR CROWN VALLEY

COMMUNITY CENTER
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE SERVICES Amendment No. 1), Is entered into as o "Ama NigueN, a 1) iciered portion, hereinafter the City, and otis Wordwide Corporation dba Otis Elevator Company a New Jersey Corporation, hereinafter the "Contractor."
RECIIALS:

The parties entered into that certain Agreement for Maintenance Services dated June 7, 2021 for the provision of Elevator Preventive Maintenance and Repair Services within the Crown Valley Community Center.and as otherwise requsted by the City.

B. The Parties now desire to amend the Agreement in order to; 1) extend the term of the Agreement for one (1) additional year from July 1, 2024, to June 30, 2025, exercising the first of two optional term extensions; 2) increase the total compensation under the Agreement to provide for a 3% rate increase and 20% contingency allowance; and 3) modify insurance requirements under the Agreement ("Amendment No. 1"').

AGREEMENI:

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

Term. This Amendment No. 1 shall become effective as of the date stated above, and extends the term of the Agreement until June 30, 2025, subject to termination as provided in the Agreement, except the indemnification provisions contained in the Agreement shall remain in full force and effect after Amendment No. 1 is terminated Payment for Services. Section 4(A) of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $17,168 during Fiscal Year 2024-25 in accordance with the amounts set forth in Exhibit "B", attached and incorporated herein.

This Agreement will also include a not-to-exceed 20% contingency of the total annual contract amount equal to $3,434 for unforeseen conditions or additional 1 work. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $20,602 for Fiscal Year 2024-25.

3. Liability Insurance. Section 13, subparagraph C(3) "Professional Liability (errors & omissions) Insurance of the Agreement is hereby amended in its entirety as follows:
"Intentionally Omitted."
Schedule of Compensation; Method of Payment. Exhibit "B" of the Agreement is hereby amended as provided in Attachment "1" of this Amendment No. 1, attached hereto and incorporated herein by reference.

Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement, as amended by Amendment No. 1, shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.

Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 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"
Otis Worldwide Corporation dba Otis Elevator
Company
By:

Print Name:

Title:

By:

Print Name:_
Title:
3 ATTACHMENT "4" TO AMENDMENT NO. 1
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
Signature
Service
Signature Contract

ACCOUNT NAME & LAGUNA NIGUEL COMM CTR
ADDRESS 29751 CROWN VALLEY PKWY
LA GUNA NIGUEL, CA 92677
Signature
Glis CUSTOMER NAME & John Chavez
Service CONTACT INFO (949) 836-0480

CONTRACT SUMMARY
Overview of your preventative maintenance plan and which parts are

MAINTENANCE
included
RELIABILITY & Details concerning the level of coverage you have along with Otis' method RESPONSIVENESS for ensuring timely dispatching and parts availability to meet your needs Summary of the many ways for you to communicate with us and receive COMMUNICATION information from us
SAFETY & Safety is our number one priority-this section includes an outline of safety ENVIRONMENT features and activities pertaining to your equipment SCHEDULE & Terms and conditions about our regular working hours, insurance coverage CLARIFICATIONS and legal requirements
PAYMENT & Price and term of agreement followed by the signatory area and billing ACCEPTANCE information
COVERAGE TERMS Price: $741.83 per month, payable annually in advance Duration : five (5) year(s)
DELIVERING THE PROMISE We look forward to delighting you with world class service.

Mis Elevator Company 1332 North Miller St
ANAHEIM, CA 92806
otis.com OTIS
For emergencies:
›TISLINE® Customer Care 800.233.684
Confidential

ATTACHMENT I
Amendment 1 to Maintenance Services Agreement with
Real Estate Consulting and Services, Inc.

AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES MAINTENACE AND

INSPECTION SERVICES
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE SERVICES ("This Amendment No. 1"), is entered into as of _ by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Real Estate Consulting and Services, Inc., a California Corporation, hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties".

RECIIALS:

A. The City contracted with the Contractor to provide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services to be provided within the City of Laguna Niguel.

AGREEMENI:

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

2. Scope of Services. Exhibit "A" of the Agreement is hereby amended to incorporate the amended schedule of compensation and rename the exhibit to "Scope of Services and Schedule of Compensation" as shown in Attachment "1" to this Amendment No. 1, attached hereto and incorporated herein by reference. 1 Payment for Services. Section 4(A) of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $100,000 during Fiscal Year 2024-25 in accordance with the amounts set forth in Exhibit "B", attached and incorporated herein.

In no event shall the total compensation paid to the Contractor exceed $120,000 for Fiscal Year 2024-25
Upon expiration of the term of the Agreement, if term is extended (pursuant to Paragraph 3 or otherwise), fees and rates may only be increased both pursuant to Paragraph 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 Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City. Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Contractor shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto."
Taxes. Section 5 of the Agreement is hereby amended in its entirety to read as follows:
"Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State and federal law. These payments are included in the total amounts in Exhibit "A"."
Exhibit "B", ", Schedule of Compensation; Method of Payment. This exhibit is removed in its entirety from the Agreement.

7. Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this 2 Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the 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"
Real Estate Consulting & Services, Inc.

By:

Print Name:

Title:

By:

Print Name:

Title:
4 ATTACHMENT "1" TO AMENDMENT NO. 1
EXHIBIT "A"

SCOPE OF SERVICES AND SCHEDULE OF COMPENSATION
RFP 2021-016 CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES

MAINTENANCE AND INSPECTION SERVICES

PART A- ON-CALL MAINTENANCE WORK
The Proposer shall complete the Proposal Fee Sheet as provided below for the cost of On-Call Maintenance services as described in the Scope of Services. *Estimated
Item Quantity and Unit Price or Mark-Up
No. Item of Work Units Rate Total
10 %
Cost of parts Contractor's markup
1 and materials from supplier invoice $11,000
$10,000/year* price. Shall not exceed (Extended
(*Estimated) 10% Amount)
Cost of
Authorized $1,000
2 Equipment $1,000/year* (Stipulated
Rental (*Estimate) Caltrans Rental Rates Amount)
Cost of labor for
maintenance
3 and repairs,
(Monday - 110.00 $44,000
Friday, 8:00 AM 400 Hours* $ (Extended
_ 5:00 PM) (*Estimated) Per hour Amount)
Cost of
Emergency,
Holiday or "after
4 hours" labor for $ 9,900
maintenance 60 Hours* $ 165 (Extended
and repairs (*Estimated) Per hour Amount)
ANNUAL TOTAL $ 65,900
6/28/21
By: Date:
signature pilepressiative
City of Laguna Niguel - Public Works Department
RFP2021-016 Citywide On-Call Parks, Playground and Amenities Maintenance and Inspection Services

Page 108 of 136 ends

RFP 2021-016 CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES

MAINTENANCE AND INSPECTION SERVICES

ON-CALL AND ANNUAL PLAYGROUND ONLY SAFETY AND ADA COMPLIANCE

INSPECTION
It is at the sole discretion of the City to utilize other vendors for the annual playground only safety and ADA compliance inspections.

Payment for the annual playground only inspections are set at the rate set forth below:

SITE SITE LOCATION ONE TIME INSPECTION
No. AMOUNT
1 Beacon Hill Park 24403 Beacon Hill Way $ 15.00
Bear Brand Park 32385 Park Road $ 75.00
3 Chapparosa Park 29151 Chapparosa Park Road 150.00
4 Clipper Cove Park 29325 Clipper Way 15.00
Crown Valley Park 29751 Crown Valley Parkway 150.00
7 Hidden Hills Park 27802 Springwood 50.00
8 La Hermosa Park 24462 La Hermosa Avenue $ 15.00
9 La Plata Park 25006 La Plata Drive $ 75. 00
10 Marina Hills Park 24802 Marina Hills Drive $ 75.00
11 Niguel Heights Park 27804 Niguel Heights $
Boulevard 15.00
12 Niguel Woods Park 29883 White Otter Lane $ 75.00
13 Ocean Breeze Park 32311 ½ Charles Road $ 15.00
14 Parc Vista Park 30618 Parc Vista $ 75.00
15 Rancho Niguel Park 28333 Crown Valley $
Parkway
(Behind Marian Bergeson ES) 15.00
16 Reef View Node Park 25326 Reef Circle $ 15.00
17 Ridgeview Park 29061 Ridgeview $ 50.00
18 Seminole Park 30802 Seminole Place $ 15.00
19 Yosemite Park 24481 Yosemite Road $ 15.00
TOTAL $ 1,450.00
6/25/21
By: Signat Mr Representative Date:

City of Laguna Niguel - Public Works Department
RFP2021-016 Citywide On-Call Parks, Playground and Amenities Maintenance and Inspection Services

Page 109 of 136 ends

RFP 2021-016 CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES

MAINTENANCE AND INSPECTION SERVICES

ON-CALL AND ANNUAL GENERAL WHOLE PARK SAFETY INSPECTION It is at the sole discretion of the City to utilize other vendors for the annual whole park safety inspections.

Payment for the on-call/annual general whole park inspections are set at the rate set forth below:

SITE SITE LOCATION ONE TIME INSPECTION
No. AMOUNT
1 Beacon Hill Park 24403 Beacon Hill Way $ 175.00
2 Bear Brand Park 32385 Park Road 175. 00
3 Chapparosa Park 29151 Chapparosa Park Road $ 250. 00
4 Clipper Cove Park 29325 Clipper Way 175 00
5 Crown Royale Park 29350 Crown Royale 105.00
6 Crown Valley Park 29751 Crown Valley Parkway $ 250.00 7 El Lazo Basketball Court 23804 El Lazo Road $ 105.00
8 Hidden Hills Park 27802 Springwood $ 175.00
9 Juaneno Park 25608 Hidden Hills Road $ 175.00
10 Laguna Niguel Skate and Soccer Park $
27745 Alicia Parkway 175.00
11 La Hermosa Park 24462 La Hermosa Avenue $ 175.00
12 La Paz Sports Park 28051 La Paz Road $ 115.00
13 La Plata Park 25006 La Plata Drive $ 175.00
14 Longview Park 25575 Catalina 175.00
15 Marina Hills Park 24802 Marina Hills Drive $ 175.00
16 Niguel Heights Park 27804 Niguel Heights $
Boulevard 105.00
17 Niguel Road Park 30983 Killini $ 150.00
18 Niguel Woods Park 29883 White Otter Lane $ 173.00
6/18/21
By: Date:

Signature of Representative
CP 2021-016 Clyid-Pu-a aks, Playground and Amenities Maintenance and Inspection Services

Page 110 of 136 ends

19 Ocean Breeze Park 32311 ½ Charles Road $ 125.00
20 Parc Vista Overlook Park 175. 00
21 Parc Vista Park 30618 Parc Vista $ 175.00
22 Parc Vista View Node Park 175.00
23 Pooch Park Golden Lantern (part of Chapparosa $
Park) 125.00
24 Rancho Niguel Park 28333 Crown Valley $
Parkway
(Behind Marian Bergeson ES) 175.00
25 Redondo View Node Park 25575 Redondo Circle 250.00
26 Reef View Node Park 25326 Reef Circle 175.00
27 Ridgeview Park 29061 Ridgeview $ 65.00
28 Salt Creek Park/Trail/Greenbelt $
Connecting Chapparosa Park to Niguel Road Park 250.00
29 Seminole Park 30802 Seminole Place $ 175.00
30 Yosemite Park 24481 Yosemite Road $ 175.00
TOTAL $ 4,985.80

SITE SCHOOLS JOINT USE INSPECTION ONE TIME INSPECTION
No. SITE LOCATION AMOUNT
1 Crown Valley Elementary School Joint Use $
Field
29292 Crown Valley Parkway 175.00
2 George White Elementary School Joint Use $
Field
25422 Chapparosa Park Road 175.00
3 Laguna Niguel Elementary School Joint Use $
Field
27922 Niguel Heights Boulevard 175.00
4 Moulton Elementary School Joint Use Field $
29851 Highlands Ave 250.00
5 Niguel Hills Middle School Joint Use Field $
29070 Shark Bay 250.00
TOTAL $ 1,025.00
Date: 6/28/21
By:

REP 221-016 Civide Pitial Paris, Playground and Amenities Maintenance and Inspection Services

Page 111 of 136 ends

RFP 2021-016 CITYWIDE ON-CALL PARKS, PLAYGROUNDS AND AMENITIES

MAINTENANCE AND INSPECTION SERVICES

SITE TRAILS INSPECTION ONE TIME INSPECTION
No. SITE LOCATION AMOUNT
1 Crown Valley Right of Way (Apex & Picerne) $ 250.00
2 Niguel Road Right of Way $ 250.00
3 Oso Creek (North and South) $ 250.00
4 South Peak Trail $ 250.00
TOTAL $ 1,000.00
On-Call Maintenance Rubber Safety Surface
ITEM ITEM UNIT EST. Amount Extended
No. QTY. per Amount
Sq. Ft
1 Playground Safety Surface Sq. Ft. 3,000 $
General Cleaning (Ea.) (Avg.) 2.64 1,920.00
2 Playground Safety Surface Sq. Ft. 3,000 $
Cleaning and Binder (Ea.) (Avg..)
Renovation/Rejuvenation 3.52 10,560.00
3 Playground Safety Surface Local Sq. Ft. 100 $
Damage Repair (Ea.) (Typ.) 8.80 880.00
Total On-Call maintenance Rubber Safety Surface $19,300.09 6/78/21
Date:_
By:

Signature Bf Representative
City of Laguna Niguel - Public Works Department
RFP2021-016 Citywide On-Call Parks, Playground and Amenities Maintenance and Inspection Services

Page 112 of 136 ends

ATTACHMENT J
Amendment 1 to Maintenance Services Agreement with
RTS Solutionz, Inc. dba Solutionz
ASSIGNMENT AND AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE

SERVICES
(PUBLIC WORKS DEPARTMENT)

AUDIO VISUAL SUCCESS PLAN FOR THE CROWN VALLEY COMMUNITY CENTER THIS ASSIGNMENT AND AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE SERVICES (Amendment No. 1"'), is entered into as of _, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and RTS Solutionz Inc., dba Solutionz, a Nevada Corporation, ormerly Presentation Products, Inc. dba Spinitar hereinafter the "Contractor", and referre o collectively as the "Parties". Contractor has been qualified by the California Secretary o State to conduct business in the state of California.

RECHIALS:

A. The Parties entered into that certain Maintenance Services Agreement dated July 6, 2021 for the provision of Audio Visual Success Plan Maintenance Services within the Crown Valley Community Center and as otherwise required by the City.

B. While the term of Agreement is set to expire on June 30, 2024, Presentation Products, Inc. dba Spinitar, ("Presentation Products") has been acquired by RTS Solutionz Inc., dba Solutionz, a California Corporation.

C. Presentation Products wishes to assign all of its rights and obligations under the Agreement to Contractor, which under the Agreement requires the prior written consent of the City to effectuate such an assignment.

D. The Parties now desire to amend the Agreement in order to; 1) extend the term of the Agreement for one (1) additional year from July 1, 2024, to June 30, 2025, exercising the first of two optional term extensions; 2) increase the total compensation under the Agreement to provide for a 3% rate increase; 3) modify insurance requirements under the Agreement and 4) effectuate assignment of the Agreement to Contractor ("Amendment No. 1").

AGREEMENI:

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

Assignment of Agreement. Presentation Products hereby assigns all rights and obligations under the Agreement to Contractor, and Contractor hereby accepts the assignment of all of Presentation Products' rights and obligations under the Agreement 1 subject to City's consent of the assignment and effectuated upon execution of this Amendment No. 1.

3. Payment for Services. Section 4(A) of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $13,476 during Fiscal Year 2024-25 in accordance with the amounts set forth in Exhibit "A", attached and incorporated herein.

This Agreement will also include a not-to-exceed 20% contingency of the total annual contract amount equal to $2,696 for unforeseen conditions or additional work. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $16,172 for Fiscal Year 2024-25.

5. Schedule of Compensation; Method of Payment. Exhibit "A" of the Agreement is hereby amended as provided in Attachment "1" of this Amendment No. 1, attached hereto and incorporated herein by reference.
2 Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.

Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 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"
RTS Solutionz, Inc. dba Solutionz
By:

Print Name:

Title:
"PRESENTATION PRODUCTS"
Presentation Products, Inc. dba Spinitar
By:

Print Name:

Title:
4 ATTACHMENT «4" TO AMENDMENT NO. 1
EXHIBIT "A"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
5 SOLUTIONZ RTS Solutionz, Inc. (dba Solutionz. Custom Quote/Estimate O Box 671420
Dallas TX 75267-1420 Quote/Estimate#: 054045
United States Date Quoted: 4/30/2024
Expiration Date: 5/30/2024
Total Estimate: $13,476.00
Bill To Ship To Sales Rep: Matthew Williams (NE&W)
(949) 362-4300 John Chavez
30111 Crown Valley Parkway City of Laguna Niguel - CVP Phone:

Laguna Niguel CA 92677 Community Center Email: [email protected] United States 29751 Crown Valley Parkway
Laguna Niguel CA 92677
United States
All Sales are final. All estimates must be signed and deposits received before equipment can be ordered or work can begin.

Terms P.O. Number Shipping Method
Item # Qty Description Sell Price/Unit Total Sale
PC-IM-N-A-12 1 Legacy Spinitar Gold Level Support $13,476.00 $13,476.00 TERM: 5/1/2024 - 4/30/2025
DETAILS:

1. Preferred support status

2. Detailed support visit reports via e-mail

3. Remote support setup

4. Principle Period of Maintenance(PPM): M-F
8am-5pm

5. Telephone & e-mail response time - 2
business hrs.
- 24/7/365 Help Desk Support

6. On-site response time - 8 business hrs.

7. On-site support incidents - UNLIMITED

9. Preventative Maintenance(PM) Visits

10. Complete parts repair and/or replacement.
- All equipment provided and installed by Spinitar
within Project 3223

11. Replacement lamps and consumables
- Cost + 10%

12. Ground shipping - FREE

13. Expedited shipping - Cost + 0%

14. Loaners and advance replacements (subject
to availability)

15. In-House Diagnostic Center (DOC)

16. Manufacturer firmware/software updates &
upgrades

17. Power-user training on system operation and/
or procedures

18. Technology Showcase event invites - Up to
One (1) per year

19. Success Manager consultative meetings - Up
to Two (2) per year
SOLUTIONZ RTS Solutionz, Inc. (dba Solutionz) Custom Quote/Estimate PO Box 671420
Dallas TX 75267-1420 Quote/Estimate #: 054045
United States Date Quoted: 4/30/2024
Expiration Date: 5/30/2024
Total Estimate: $13,476.00
Subtotal $13,476.00
Tax Total (%) $0.00
Total $13,476.00
To help us better manage your account, please provide us the following information:

Accounts Payable Contact:

Phone Number:

E-mail Address:

ALL SALES ARE FINAL. Prices are good for 30 days. Unless otherwise noted, taxes and shipping charges are not included. Actual shipping charges will appear on the invoice and may be different than quoted I, the undersigned, do hereby certify that I am an authorized agent of the above-referenced company or organization. I acknowledge that I have read, understand, and agree to the Solutionz Order Terms & Conditions provided under separate cover.

Signature: Date:

Print Name and Title:
*** Sign & return your Quote/Estimate to your sales rep or fax Also, please attach your corporate PO, if applicable.

ATTACHMENT K
Amendment 2 to Maintenance Services Agreement with
Superior Property Services, Inc.

AMENDMENT NO. 2 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

ON-CALL CITYWIDE PRESSURE WASHING STRUCTURES AND GRAFFITI

REMOVAL SERVICES
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR MAINTENANCE
SERVICES ("Amendment No. 2"), is entered into as of _ by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Superior Property Services, Inc., a California Corporation, hereinafter the "Contractor." RECIIALS:

A. The Parties entered into that certain Agreement for Maintenance Services dated October 6, 2020, for the provision of On-Call Citywide Pressure Washing Structures and graffiti Removal Services ("Agreement).

The Parties entered into that certain Amendment No. 1 to Agreement for Maintenance Services dated July 01, 2023 in order to extend the term of the Agreement for one additional year from July 1, 2023 to June 30, 2024 and to increase the total compensation under the Agreement to provide for the services in that extended term.

AGREEMENI:

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

1. Term. This Amendment No. 2 shall become effective as of the date stated above and extends the term of the Agreement through June 30, 2025, subject to termination as provided in the Agreement, except the indemnification provisions contained in the Agreement, as amended by Amendment No. 1, shall remain in full force and effect after Amendment No. 2 is terminated.
1 2. Payment of Service. Section 4(A) of the Agreement is hereby amended in its entirety as follows:
"In consideration for services rendered hereunder, City shall pay Contractor a fee not-to-exceed $103,000 for Fiscal Year 2024-25, in accordance with the amounts and in the manner and at the times set forth in Exhibit "B". A 20% contingency of the total contract value equal to $20,600 for Fiscal Year 2024-25 has been added to the contracts to allow for unforeseen conditions or additional on-call work related to electrical maintenance and repair services as described in this Agreement. Prior to the use of the allowance and commencement of the work, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $123,600 for Fiscal Year 2024-25."

3. Schedule of compensation; Method of Payment. Exhibit "B" of the Agreement is hereby amended as provided in Attachment "1" of this Amendment No. 2, attached hereto and incorporated herein by reference.

Continuation of Terms and Conditions of Agreement. Except as otherwise provided in this Amendment No. 2, all terms and conditions of the Agreement, as amended by Amendment No. 1, shall remain in full force and effect, and shall apply to the performance of services to this Amendment No. 2.

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"
Superior Property Services, Inc.

By:

Print Name:

Title:

By:

Print Name:

Title:
3 ATTACHMENT «4" TO AMENDMENT NO. 2
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
Superior Property Services, Inc.

PROPOSAL FEE SHEET: LABOR
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.

Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in Scope of Services.

AS NEEDED SERVICES
Response to non-emergency work requests shall be within 24 hours.

Hourly
Team Member Name Title Billable Rate
Juan Ortiz Crew Member $ 77.25
Mario Moreno Crew Member $ 77.25
Alex Martinez Crew Member $ 77.25
$
$

EMERGENCY - AFTER HOURS
Contractor shall provide a 24-hour telephone number for 24-hour emergency callout service.

On-Site response to emergency work requests shall be within 1 hours.

Hourly
Team Member Name Title Billable Rate
Mario Moreno Crew Member $ 128.75
Juan Ortiz Crew Member $ 128.75
Alex Martinez Crew Member $ 128.75
$
$
By: Hang the 4/10/24
Date:

City of Laguna Niguel - Public Works Department
RFP2021-006 Citywide Pressure Washing Structures and Graffiti Removal On As Needed Services

Page 34 of 51 ends

ATTACHMENT L
Amendment 2 to Maintenance Services Agreement with
Team One Management Services
AMENDMENT NO. 2 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE ROUTINE WINDOW WASHING AND DOOR CLEANING SERVICES THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR MAINTENANCE
SERVICES ("Amendment No. 2"), is entered into as of , by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Team One Management Services, a California Corporation, hereinafter the "Contractor." RECITALS:

A. The Parties entered into that certain Agreement for Maintenance Services dated October 6, 2020, for the provision of Citywide Routine Window Washing and Door cleaning Services ("Agreement").

B. The Parties entered into that certain Amendment No. 1 to Agreement for Maintenance Services dated July 01, 2023 in order to extend the term of the Original Agreement for one additional year from July 1, 2023 to June 30, 2024 and increase the total compensation under the Agreement to provide for the services in that extended term.

C. The Parties now desire to amend the Agreement in order to 1) extend the term of the Agreement for one (1) additional year from July 1, 2024 to June 30, 2025 exercising the second of two optional term extensions; 2) increase the total compensation under the Agreement to provide for a 3% rate increase and a contingency allowance equal to 20% of the annual compensation paid to Contractor and 3) modify insurance requirements under the Agreement ("Amendment No. 2").

AGREEMENI:

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

1. Term. This Amendment No. 2 shall become effective as of the date stated above and extends the term of the Agreement through June 30, 2025, subject to termination as provided in the Agreement, except the indemnification provisions contained in the Agreement, as amended by Amendment No. 1, shall remain in full force and effect after Amendment No. 2 is terminated
1 2. Payment of Service. Section 4(A) of the Agreement is hereby amended in its entirety as follows:
"In consideration for services rendered hereunder, City shall pay Contractor a fee not-to-exceed $41,200 for Fiscal Year 2024-25, in accordance with the amounts and in the manner and at the times set forth in Exhibit "B". A 20% contingency of the total contract value equal to $8,240 for Fiscal Year 2024-25 has been added to the contracts to allow for unforeseen conditions or additional on-call work related to electrical maintenance and repair services as described in this Agreement. Prior to the use of the allowance and commencement of the work, the Contractor shall obtain written approval from the City representative.

In no event shall the total compensation paid to the Contractor exceed $49,440 for Fiscal Year 2024-25."

4. Liability Insurance. Section 13, subparagraph C(3) "Professional Liability (errors & omissions) Insurance" of the Agreement is hereby amended in its entirety as follows:
"Intentionally Omitted."

5. Schedule of Compensation; Method of Payment. Exhibit "B" of the Agreement is hereby amended as provided in Attachment "1" of this Amendment No. 2, attached hereto and incorporated herein by reference.

7. Authority to Sign. The Persons executing this Amendment No. 2 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 2 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 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"
Team One Management Services
By:

Print Name:

Title:

By:

Print Name:

Title:
3 ATTACHMENT "1" TO AMENDMENT NO. 2
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
City of Laguna Niguel window washing quotes
Current proposed New
LOCATION Rate Increase Rate
City Hall $ 2,100.00 $ 63.00 $ 2,163.00
Crown Valley Community Center $ 3,000.00 $ 90.00 $ 3,090.00 Sea Country Senior and Community Center $ 1,400.00 $ 42.00 $ 1,442.00

ATTACHMENT M
Amendment 1 to Maintenance Services Agreement with
Zimprich Engineering, Inc.

AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

GENERAL FACILITIES MAINTENANCE SERVICES AS NEEDED
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR MAINTENANCE SERVICES ("Amendment No. 1"'), is entered into as of _ by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Zimprich Engineering, Inc., a California Corporation, hereinafter the "Contractor." RECIIALS:

A. The parties entered into that certain Agreement for Maintenance Services dated November 19, 2021 for the provision of As-Needed General Facilities Maintenance Services within the City of Laguna Niguel.

B. The Term of the Agreement commenced on October 19, 2021, and is set to expire on June 30, 2024.

AGREEMENI:

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

2. Scope of Services; Schedule of Compensation. Exhibit "A" of the Agreement is hereby amended to modify the rates of compensation as set forth in Attachment "1" to this Amendment No. 1, attached hereto and incorporated herein by reference.

Payment for Services. Section 4(A) of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $100,000 during Fiscal Year 2024-25 in 1 accordance with the amounts set forth in Exhibit "A", attached and incorporated herein.

In no event shall the total compensation paid to the Contractor exceed $120,000 for Fiscal Year 2024-25.

4. Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.

5. Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 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"
Zimprich Engineering, Inc.

By:

Print Name:

Title:

By:

Print Name:

Title:
3 ATTACHMENT "1" TO AMENDMENT NO. 1
EXHIBIT "A"

SCOPE OF SERVICES / SCHEDULE OF COMPENSATION
4 ZIMPRICH ENGINEERING, INC.
24835 E. LA PALMA AVENUE, SUITE I
YORBA LINDA CA 92887
PHONE #: 714-312-0195
CA #1031084

SCHEDULE OF HOURLY BILLING RATES
GENERAL CONTRACTING HOURLY RATES OVERTIME" EMERGENCY
Labor $90.64 $135.96 $159.65
Supervisory $108.15 $162.23 $216.30
Apprentice $71.07 $106.61 $123.60
Supervision Ratio 10%
Material Mark Up 10%
• Please note, these fees are based upon prevailing wages, workers' compensation, general liability insurance, and auto insurance coverage.
• Rates effective through December 31, 2024
WWW.ZIMPRICHENGINEERING.COM

Laguna Niguel City CouncilJune 4, 2024

Laguna Niguel City Council
June 4, 2024