20240618_5_Citywide Street Sweeping Services Agreement — Laguna Niguel City Council, June 18, 2024

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: June 18, 2024
SUBJECT: Award of Maintenance Services Agreement to SCA of CA, LLC for Citywide Street Sweeping Services

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Maintenance Services Agreement for Citywide Streets Sweeping Services with SCA of CA, LLC in the not-to-exceed amount of $347,174 per year for Fiscal Years 2024-25 through 2026-27, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $69,435 per fiscal year for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to- exceed amount of $416,609 per fiscal year, if needed; and,

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

BACKGROUND
The City of Laguna Niguel is committed to providing a vibrant quality of life for all residents, businesses, and visitors in a safe, beautiful, and involved community. The City's network of streets spans 141 miles and includes a variety of publicly owned infrastructure including roadways, residential streets, parking areas, sidewalks, shared paths and trails. Street sweeping is one of the most efficient and cost-effective means of removing debris from City-owned streets and parking areas before it reaches the City's storm drain system. In addition to being a vital part of the City's Best Management Practices (BMP), street sweeping helps the City comply with the National Pollutant Discharge Elimination System (NPDES) goals and provides the community with an aesthetically pleasing, reliable, safe and comfortable driving and pedestrian experience.

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Contract services play a key role in the delivery of street sweeping as they provide access to expert service that is efficient, responsive, and available as needed. In support of City Council Goal 4 (Infrastructure & Technology) of the City's adopted Strategic Plan, the Public Works Department relies on a street sweeping contractor to assist with maintaining City-owned streets.

ANALYSIS
In April 2024, staff published a Request for Proposal (RFP), shown as Attachment "A " to identify the most qualified contractor to provide Citywide street sweeping services. The goal of the RFP was to award a qualified contractor to adequately cover the City's needs and respond to requests quickly and efficiently.

The RFP for Citywide Street Sweeping Services requested bidders to furnish base bids for the City's streets, parking lots and trails, including pricing for all necessary administration, labor, tools, materials and equipment necessary to provide the required street sweeping services. Bidders were also requested to provide rates for as-needed and emergency service.

In response to the RFP, two qualified proposals were received. The proposals were evaluated based on the following five criteria: (1) Cost; (2) Completeness of the Proposal; (3) Qualifications & Experience; (4) Quality of Goods and Support Facilities; and, (5) Proposer's Financial Stability. The Proposals Evaluation Summary can be found in Attachment "B". The table below displays the evaluation ranking, contractor and base bid cost for the received proposals.

Ranking Contractor Base Bid Cost
SCA of CA, LLC
1 $347,173.60
(Recommended)
2 Athens Services $628,082.00
Pursuant to Laguna Niguel Municipal Code Section 3-6-9, maintenance contracts of an estimated expenditure of $50,000 or more must be awarded based on the responsiveness of the bids to the RFP, the qualifications and experience of the contractors, and the amount of the price or prices included in the bids. After a thorough review of the proposals received and based on all relevant factors, staff believe SCA of CA, LLC represents the best overall value to in providing street sweeping services to the City. SCA of CA, LLC has provided the City with street sweeping services over the past five years and staff are confident that SCA of CA, LLC will continue to provide the City with street sweeping services at a great value. Market research conducted by staff confirmed the proposal received from SCA of CA, LLC detailed similar costs to those currently paid by other nearby cities for similar services.

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Staff recommends that the City Council approve the Maintenance Services Agreement with SCA of CA, LLC. in the not-to-exceed amount of $347,174 per year for Fiscal Years 2024-25 through 2026-27, subject to extension administratively for two additional one- year periods. In addition, the Agreement will include a not-to-exceed 20% contingency of the total contract in the value of $69,435 per fiscal year for additional work for a total not- to-exceed amount of $416,609 per fiscal year. The Maintenance Services Agreement with SCA of CA, LLC can be found in Attachment "C".

ALTERNATIVES CONSIDERED

1. The City Council may direct staff to reject all proposals and rebid the RFP for Citywide Street Sweeping Services. Staff believes that rebidding the RFP will not result in more desirable bids.

2. The City Council may decide not to approve the Maintenance Service Agreement with SCA of CA, LLC. This alternative is not recommended as the City would be without street sweeping services which are vital to compliance with NPDES goals.

FISCAL REVIEW
There is adequate funding in the Fiscal Year 2024-25 Public Works Department operating budget for the streets sweeping services.

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

CONCLUSION
Staff recommends that the City Council:

1. Approve the Maintenance Services Agreement for Citywide Streets Sweeping Services with SCA of CA, LLC in the not-to-exceed amount of $347,174 per year tor Fiscal Years 2024-25 through 2026-27, subject to extension administratively for two additional one-year periods;

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

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Pero
Tamara S. Letourneau Jacki Scott
City Manager Public Works Director/City Engineer
Dalevin Jobm
Kevin Tobin
Maintenance Services Manager
Attachments:

A. RFP for Citywide Streets Sweeping Services
B. Proposals Evaluation Summary
C. Maintenance Services Agreement with SCA of CA, LLC for Citywide Street Sweeping Services

ATTACHMENT A
RFP for Citywide Streets Sweeping Services
NIGUEL

S& A COUNT RA
1989

CITY OF LAGUNA NIGUEL

REQUEST FOR PROPOSALS

CITYWIDE STREET SWEEPING SERVICES
Proposals must be received by:

Due Date: May 14, 2024
At 5:00 P.M.

TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS.. ..4
EXHIBIT A - SCOPE OF SERVICES.. ..11
INTRODUCTION ...11
QUALIFICATION ...11
PERFORMANCE STANDARDS ...11
LEVEL OF CLEANING 11
MEETING.. ..12
REPORTS 12
DEFICIENT IN PEFORMANCE 14
FAILURE TO SWEEP 15
DAMAGES 15
SPILLS MATERIAL OR EQUIPMENT SPILLS... ..15
CONTRACT TERM ..15
INITIAL YEARS OF SERVICE 15
NINETY CALENDAR DAYS EXTENSION OPTION .16
REDUCTION 16
BARRIERS .17
EQUIPMENT, MATERIALS AND VEHICLES .18
VEHICLES .18
VEHICLES LOGO.. ..19
EQUIPMENT NOISE 19
WATER USAGE 20
DAMAGES 20
LABOR 21
LABOR CODE .21
PREVAILING WAGE.. 21
TRAVEL AND SUBSISTENCE PAYMENTS 21
WORKER'S COMPENSATION 21
FAIR EMPLOYEMENT PRACTICES. ..21

RECORDS
PERSONNEL ...22
SUPERVISOR 22
GENERAL EMPLOYEE GUIDELINES 22
BACKGROUND 22
CONDUCT 22
HEALTH 22
MINIMUM MANPOWER 23
BACKUP STAFF 23

REPLACING KEY PERSONNEL

NON-DISCRIMINATION
itv of Laauna Nique - Public Works Departmer
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REMOVAL OF ITEMS 23
TRAINING 23
AREAS STREET SWEEPING 24
MAPS 24
WORKING HOURS 25
COORDINATION WITH OTHER CITY PROGRAMS .27
BARRIERS .27
EMERGENCY SERVICE 27
AS NEEDED SERVICES (EXTRA WORK) .. ...28
INVENTORY .29
PROPOSAL FEE SHEET: LABOR. 29
RESPONSIBILITIES OF THE CONTRACTOR ...33
CONTRACTOR'S OFFICE/FACILITIES .. ..33
INSURANCE ...33
SAFETY.. ..33
PROTECTION AND RESTORATION ..33
UNIFORMS AND APPEARANCE. 34
WORKSITE LIMITS.. 34
PROSECUTION OF THE WORK ..34
GENERAL ENVIRONMENTAL REQUIREMENTS ..35
WATER CONSERVATION. ..35
WATER POLLUTION ..35
INCIDENTAL WORK ..35
PAYMENT.. 36
AUTHORIZTION TO PERFORM SERVICES. 36
INVOICING 36
RFP INQUIRY FORM .38
RESPONSES TO SCOPE OF SERVICES 39
PROPOSAL FORM 40
SUBCONTRACTORS 44
QUESTIONNAIRE: FIRM INFORMATION ..45
QUESTIONNAIRE: FIRM EXPERIENCE 47
QUESTIONNAIRE: FIRM PERSONNEL. 49
QUESTIONNAIRE: EQUIPMENT .. 50
QUALITY CONTROL PLAN 52
QUESTIONNAIRE: SUPPORT FACILITIES 53
QUESTIONNAIRE: COMPANY FINANICAL CONDITION 54
PROPOSAL AFFIDAVIT 55
PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS 56
STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS. 57 WORKERS' COMPENSATION INSURANCE CERTIFICATE 58
Exhibit 'A' SAMPLE MAINTENANCE SERVICES AGREEMENT 61
Exibit 'B' - Maps 77
Exhibit 'C' - Calendars. 81
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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INSTRUCTIONS TO PROPOSERS

1. Purpose. The City of Laguna Niguel ("City") is seeking proposals for Citywide Street Sweeping Services for the City of Laguna Niguel as described in the Exhibit A - Scope of Services.

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

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

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

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

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

5. Examining of Proposal Documents.

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

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

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

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

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

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

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

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

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

7. Availability of the RFP Document. The RFP document is available on Planetbids.com. The City is not responsible for the accuracy or completeness of RFP documents obtained from any source other than Planetbids.com RFP Schedule. The City reserves the right to modify this RFP Schedule as needed and will issue an addendum, if the Schedule is modified for the deadline to submit the Response. The following is an outline of the anticipated schedule for proposal review and contract award:

Milestone Tentative Target Dates
City Release of RFP April 23, 2024
Pre-Bid Meeting & Job Walk
N/A
Final Questions Due 2:00 P.M.

May 7, 2024
Addendum Issuance 5:00 P.M.

May 9, 2024
Proposal Due
Proposals to be submitted directly to PlanetBids 5:00 P.M. online portal. May 14, 2024
Notification of Selection May 30, 2024
Tentative Contract Approval by City Council June 19, 2024

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

10. Addenda. Any City of Laguna Niguel changes to the requirements will be made by written addendum to this RFP.

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

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

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

11. Submittal of Proposals.

Emailed proposals shall be submitted to the PlanetBids online portal.

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

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

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

C. No FAX submittals will be accepted.

D. The proposal must be submitted in Adobe Acrobat format.

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

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

EVALUATION CRITERIA POINTS
Cost to the City.
• This portion of the proposal will be evaluated based on the reasonableness of the proposed costs. Costs will be evaluated 45 on costs the City or other comparable public agencies have paid for similar services, and in accordance with what is to be considered with the industry's standard and customary costs for the Services.
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Completeness of the proposal:
• Answer all questions and complete all forms as provided in this RFP 10
• Submit in an organized fashion as required under Response to The Scope of Service.

Qualifications & Experience
• Firm Experience & Performance*
• Firm Personnel 25
• References
Quality of Goods and Support Facilities
• Equipment 15
• Support Facilities
Proposer's financial stability. 5
Total 100
To allow staff to evaluate the proposal, the attached questionnaire must be completed and returned accurately and fairly with the proposal package. Failure to submit this questionnaire in its entirety will disqualify your proposal.

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

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

13. Local Business. The City has adopted a local preference program for businesses located within the City of Laguna Niguel limits. The business must have fixed offices within the City's boundaries and must include a copy of a Business License that supports the local preference status. Five (5%) Percent of the Contractor's total ranking score will be added to the Contractors ranking score, if the local preference status is met.

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

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

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

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

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

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

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

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

A. The City of Laguna Niguel reserves the right to withdraw this RFP at any time without prior notice and the City of Laguna Niguel makes no representations that any contract will be awarded to any Contractor responding to this RFP.

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

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

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

E. Proposals submitted are not to be copyrighted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

END OF INSTRUCTIONS TO PROPOSERS
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EXHIBIT A - SCOPE OF SERVICES

INTRODUCTION
and non-scheduled professional street sweeping services.

The work shall consist of supplying all labor, including supervision, methods or processes, implements, tools, machinery, equipment and materials (including water and fuel or cost for same) to provide street sweeping services (including all debris removal and disposal) to the City of Laguna Niguel, as directed by the Street Maintenance Superintendent to provide a completed job.

The Contractor shall conduct its operations as to cause the least possible obstruction and inconvenience to public traffic. The Public Works Director shall make the final determination of public convenience. The Contractor shall provide such adequate field supervision as to furnish continuous surveillance of workmanship and adherence to established City schedules by the crew's performance under the contract.

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

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• SCAQMD Rule 1186 Certified Street Sweepers
• Minimum of three (3) full years of experiences similar work • Contract service amount greater than $50,000 annually.

Work experience with Cities, Counties, local government agencies.

PERFORMANCE STANDARDS

LEVEL OF CLEANING
The Contractor shall dispose of all sweepings accumulated as a result of cleaning operations and shall not allow any sweepings to remain on the public street or other public City of Laguna Niguel - Public Works Department
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property for more than one hour after it is accumulated. All material picked up shall become the property of the Contractor and shall be disposed of properly.

A. Hand Sweeping. Where areas that are inaccessible by machinery, it shall be hand swept to remove dust, dirt, sand and debris to present a clean and neat appearance at all times according to the frequency schedule. All debris must be picked up and removed.

B. Litter Pick Up. Litter pick up shall include the hand cleaning and removal of debris from any area where the power sweeper and hand sweeping are not effective, such as around dumpster enclosures, traffic islands or medians, tree well planters, median planters, booth areas, trash cans, beams surrounding parking lots, parking bumpers, median corners, and storm drain catch basin inlets. Litter pick up shall be performed not less than specified in the frequency schedule.

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 Streets Maintenance Superintendent to discuss maintenance issues and priorities. The Contractor's representative shall be the Supervisor appointed to the contract.

A. Contraitor of the resuls of dad in itseare we beil be read, for tred to and Contractor and retained for reference.

B. 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 scheduled or 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 Street Maintenance Superintendent.

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 all reasonable times.
• Weekly Street Cleaning Report
• Monthly Maintenance/Performance Report
• Revised Maintenance Calendar/Schedules (when required) • Monthly Phone Log
• Annual NPDES Report
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• Disposal/Discharge Record (quarterly)
• Deficiency Report
A. Weekly Street Cleaning Report. The Contractor shall complete a daily street cleaning report indicating totals and types of work performed, the titles of and/or route numbers swept, including mileage and cubic yards of debris collected and disposed of or if applicable, 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 Maintenance/Performance Report. A monthly report shall summarize the total of the following information:

1. Curb-miles swept each day.

2. Scheduled curb-miles and areas missed.

3. Scheduled curb-miles and areas swept.

4. When missed areas were swept.

5. Number of complaints received each day and how they were resolved.

C. Disposal/Discharge Record (quarterly). Contractor shall submit a daily statement reporting total loads of debris and refuse hauled to dumpsite. Contractor shall also submit a daily statement reporting sweeper miles.

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 se 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.

The Contractor shall report to the City quarterly, the tonnage of debris collected.

The Contractor shall divert all sweeping material generated away from the landfill.

The Contractor shall provide the City quarterly with documentation identifying where material was discharged and a summary of weight and percentages (%) of material discharged.

D. Annual NDES Report. In addition, every year, as requested by the City, the Contractor shall provide the City with a completed annual NPDES report.

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Monthly Phone Log.
1) City Community Phone Log with the Contractor. A phone log will also be submitted monthly as a part of the aforementioned monthly report, of all calls from the City of Laguna Niguel to the Contractor, whether or not those calls require a request for service, and a description of the action taken to resolve the City call. 2) Complaints Log. Contractor is required to have radio-equipped street sweepers and a supervisor available by telephone on a 24-hour basis who is assigned to provide direction and prompt attention to requests from the City for emergency service.

Response shall be within one hour after request is received.

Contractor shall, in person or through his/her agent, investigate any complaint, which may concern, or be involved in, the performance of the agreement.

Contractor shall report to the Street Maintenance Superintendent, the following working day as to the action taken with reference to the complaint and, when necessary, complete the Service Request, which will remain on file at City Hall.

Complaints received before noon shall be answered the same day; complaints received after noon shall be answered the following day.

The Contractor shall maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non-action. Such a log of complaints shall be open to the inspection of the Street Maintenance Superintendent.

The Contractor shall make every reasonable effort to respond to complaints on the same day they are received and shall report to the Street Maintenance Superintendent within twenty-four (24) hours as to the action taken concerning each complaint.

F. Deficiency Report. The Contractor is required to correct any deficiencies found by inspection and listed in a deficiency report. Said deficiencies shall be corrected within 24 hours as required by the Street Maintenance Superintendent. If work listed in the Deficiency Report is not completed, payment covering subject deficiency shall be withheld until said deficiency is corrected.

G. Weekly Request. The Contractor representative shall contact the City on a weekly basis for notification of deficiencies requiring correction or for changes of any type.

DEFICIENT IN PEFORMANCE
It is intended that the Contractor will schedule operations to meet or exceed performance standards requirements in the areas as assigned (residential and arterial streets, city owned facilities parking lots and trails.). The Street Maintenance Superintendent shall notify the Contractor by telephone or email of performance issues. The deficiency activities shall be documented in the Deficiency Report and the Contractor is required to City of Laguna Niguel - Public Works Department
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comply to make corrections at no cost to the City to re-commit resources for cleaning the residential & arterial streets, city owned parking lots or trails.

City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City's 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 Street Maintenance Superintendent to be defective or deficient in any of the requirements shall be remedied by the Contractor at Contractor's expense and in a manner acceptable to the City of Laguna Niguel.

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

FAILURE TO SWEEP
Should the Contractor fail to sweep, the City will deduct from the Contactor's next monthly payment a sum of money equal to the number of curb miles not swept, based upon the unit price for curb mile provided by the Contractor.

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 make additional passes on street routes to pick up any spillage of sweeping materials, debris dropped during turns, or crossing of cross gutters prior to moving to the next area.

The equipment operator shall immediately stop in the event of equipment spillage such as a spillage of diesel, motor oil or hydraulic oil. A call for assistance must be made by the operator and the area cleaned within two hours. If it is determined by the Street Maintenance Superintendent 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.

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. ity of Laguna Niguel - Public Works Departmer
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* Depending upon when the contract will be awarded, this may be different.

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

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

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

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

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

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

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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 notitication in the form of a change order which shall clearly state the effective date of the change. Due to acceptance time frame difficulties, it will not always be possible to have the actual change order to the Contractor on the effective date.

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

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

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

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

Implementing these changes:

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

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

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

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

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

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

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

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When performing work under this agreement, should the Contractor appear to be attention or the existence of a nazard. the necessary wresig aid payeitie The necessary warning and protective devices/equipment ensures shall be furnished and installed by the Contractor, at the Contractor's expense

EQUIPMENT, MATERIALS AND VEHICLES

VEHICLES
Contractor shall use street sweeping equipment in conformance with the highest standard of street sweeping. While operating, street sweepers at work shall not exceed a maximum speed of 10 mph; sweepers when driven shall have a maximum of the posted speed limit The Contractor shall provide a minimum of one (1) relief sweeper for each sweeper planned to be used to perform the contract work.

The Contractor shall have all sweepers return to the company's yard for washouts and hopper cleaning.

Older street sweeping equipment may be substituted for periods not to exceed five (5) days at such time when the newer equipment is temporarily out of service for reasons of maintenance or repair. Requests to substitute older street sweeping equipment for periods in excess of five (5) days shall be submitted in writing to the Street Maintenance Superintendent. The Street Maintenance Superintendent may reject any vehicle or piece of equipment and order it removed from the job site.

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

Contractor's street sweeping equipment shall meet the following requirements:

A. SCAQMD Rule 1186 Certified Street Sweepers.

B. Equipment should be clean and in good mechanical condition, uniformly painted and numbered.

C. Contractor to supply CITY with GPS locator access to Contract vehicles during hours of operation.

D. Sweeper must have a dual cutter broom.

Standard full-size motorized street sweeper.

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F. An air regenerative sweeper equal to or larger than a Tymco 600 or shall be a vacuum sweeper with equal pick up capabilities, with dual gutter brooms.

G. The street sweeping equipment shall not be older than eight (8) years from date of manufacturer.

H. Contractor shall use such standard heavy street sweeping equipment as is necessary to clean the City streets of picking up broken glass, paper, dirt, rocks, gravel, leaves and debris.

I. Street sweeper speed and broom pattern shall be in accordance with the manufacturer's recommendations.

J. Maintained in top running condition, including arriving clean for each daily schedule K. Equipped with an electronic or mechanical tachograph capable of recording sweeping speed, start-stop, operating time, and non-operating or travel time.

The sweeper shall also be identifiable with the company name and phone number on each side along with office telephone number.

M. Street sweepers shall be equipped to perform left and right hand-pick-up and shall always travel in a direction "with traffic"
N. All vehicles shall be equipped with an operational rotating amber light when parked or used on public streets.

GPS FLEET TRACKING SYSTEM
All vehicles assigned to the work shall be fitted with GPS fleet tracking technology while working in the City of Laguna Niguel. Sweepers must be equipped with mobile radio communications or cellular telephones to the Contractor's dispatch office. Contractor will provide the City with access to the GPS system which allows for the monitoring of each sweeper's current location, as well as previously traveled locations when requested The GPS fleet tracking technology shall be made available at no cost to the City of Laguna Niguel and include, but not limited to the following:

A. Available via Cloud for I-Pad mobile and Droid mobile accessibility.

B. Realtime tracking and updates every 10 seconds.

Vehicle identification.

D. Failure to comply shall result in a deduction of $100 per vehicle per day.

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

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

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

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

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

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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 if it is determined to be 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 han the general prevailing rate of per diem wages for work of a similar character in the ocality and the general prevailing rate for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages.

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

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

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

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

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

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

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

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

PERSONNEL

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

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

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

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

HEALTH
All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building(s). Neither shall the Contractor allow City of a Street Swer PuSe Works Department
age 22 of 83
the use of alcohol or drugs on the premises or the building.

MINIMUM MANPOWER
Failure of the Contractor to comply with, Contractor proposed minimum manpower, will result in a deficiency deduction of One Hundred Dollars ($100.00) per person, per day.

BACKUP STAFF
Woe Core hours al compensate for base stato The bakeries or one i n same background and security screenings as regular staff. The City reserves the right to request additional backup staff as deemed necessary.

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

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

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

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

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

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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AREAS STREET SWEEPING
The cleaning work pertaining to the City of Laguna Niguel has been organized into specific work activities and frequency schedules.
• Residential Streets
• Collector Streets
Arterials Streets
• Parking Lots
Trails

FREQUENCY
All arterial, collector, and residential streets shall be swept on a bi-monthly basis, or otherwise noted and agreed upon under Agreement.

Trails and parking lots shall be swept bi-monthly.

MAPS
All public streets, parking lots, paved trails shall be swept according to the frequency schedule. A street sweeping schedule and map include the sweeping routes which have been separated by day and time into posted and non-posted areas as shown in Exhibit B.

There are only nine (9) posted City streets for sweeping:

Niguel Ranch
Hidden Hills
Parc Vista
Sweet Meadow
La Gracia
Aliso Niguel Road (Pacific Park to Moulton Parkway), and

9. East Nine Drive (Club House Road to Cul-de-Sac/Private Gate)

PARKING LOTS CLEANING
Prior to sweeping, parking lots will be inspected for areas of heavy oil deposits or excessive oil buildup, and where present will be treated with absorbent material to absorb excess oil.

Absorbent will be swept up and disposed in designated container for oily waste by the Contractor.

Facilities:
• City Hall
Crown Valley Community Center
Metrolink Station
Sea Country Senior and Community Center
• YMCA
Parks:

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• Alicia Skate and Soccer
• Crown Valley Park
El Lazo Basketball Courts
La Paz Sports Park
Bear Brand Park
Chapparosa Park
Marina Hills Park
• Pooch Park
Trails (Bike Paths):
• Chapparosa Park
Crown Valley Park
Niguel Road Park
• Niguel Road Right-of-Way
• Parc Vista Overlook

WORKING HOURS
Parking lot areas, arterial roadways, and collector streets shall be swept between: 12 a.m. to 7:00 a.m.

Residential streets and trails (bike paths) shall be swept between: 7:00 a.m. to 4:00 p.m.

SCHEDULES
The Contractor shall follow the currently established sweeping schedule and match its manpower and equipment resources. All work shall be completed on the day scheduled within the time frames indicated as shown on the street sweeping schedules.

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.

B. Schedule Change by the Contractor. If the Contractor should choose to change its schedule or routes, 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 or week.

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EXCEPTION TO THE SCHEDULE
Contractor shall notify the Street Maintenance Superintendent, when work has been stopped due to weather, equipment breakdown, or for any other reasons.

Contractor will also inform the Street Maintenance Superintendent of where and when work has stopped and provide the total mileage swept up to that point. Contractor will document all such information in the required daily route reports and monthly reports and credit monthly invoice charges using unit costs stipulated in this contract, when applicable.

A. Inclement Weather. When inclement weather prevents adherence to the regular sweeping schedule, the Contractor shall not be required to comply with the schedule. However, the Contractor shall perform all extra work as deemed needed by the Public Works Director, resulting from such inclement weather without additional charge.

B. Other than Inclement Weather. In the event, the Contractor is prevented from completing the sweeping as provided in the schedule because of equipment breakdown or reasons other than inclement weather, the Contractor shall be required to complete the sweeping services deferred prior to the end of the month, for all residential routes. In the case of "Early Morning" and posted "No Parking" routes, Contractor will give the City credit for the work not performed in accordance with the compensation rate hereinafter specified.

C. City Holidays. The Contractor shall observe all legal City holidays, yearly and no deduction in payment for services not provided on such legal holidays shall be 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 provide street sweeping in those areas missed due to the holidays within one week of the missed date. The contractor shall submit a schedule of the make-up operations. No additional payment will be made for these scheduled changes, even if additional equipment is required to carry them. ity of Laguna Niguel - Public Works Departmer
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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 the following City programs:

A. Garbage Collection Program: This program consists of the collection of garbage and recyclable materials in residential areas. The frequency of collection is once a week and the days of collection are Mondays through Fridays of each week.

B. Tree Pruning Program: The City prunes street trees on a five-to-six (5-6) year cycle and also removes trees as necessary. Tree crews work daily, Mondays through Fridays.

C. Road Work: City, County, and utility maintenance forces make utility repairs and additions on an as-needed basis. Coordinate with the City's Public Works Department for ongoing street improvement and waterline projects.

Traffic Counters: The Contractor is cautioned that at various times and locations the City will temporarily install portable traffic counters, which utilize one or more hoses, placed in the roadway. The Contractor shall work with the City on its sweeping schedule to avoid sweeping areas with counters in place. If an area with restoration, repair, testing, or replacement of the traffic counter.

E. Possible Area Closure. In the event any of the work area is unusable for any reason, including acts of nature or vandalism, the Director of Public Works may declare a closure of any portion of the work area. The Contractor shall not be entitled to compensation for any portion of the work area closed by the Director of Public Works.

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

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

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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 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 Street Maintenance Superintendent prior to proceeding with any extra work except for emergency clean-up.

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. Separate crews shall be utilized for extra work.

A. Any special attention areas may be added to the list later or covered under an hourly non-emergency basis.

B. Special attention to grated catch basins that collect debris may result in need for additional service by Contractor to collect debris if sweeper vehicle is unable to service to the level expected by the City.

C. In the event the City desires to extend the street sweeping program to include additional streets after the effective date of this contract, then any such additional sweeping which is required of the Contractor shall be paid for at the current unit prices for compensation specified by this contract or any subsequent amendments to it. The Contractor shall develop new "routes" in conjunction with the above, at no additional cost to the City.

D. The Contractor shall provide street sweeping services as an emergency service and immediately following parades, community celebrations, and other activities involving the streets of the City, when requested by Street Maintenance Superintendent at the extra rate specified by this contract.

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INVENTORY

ROADWAYS
Roadway Types Centerline Curb Miles
Miles
Arterial Roadways 20 80
Collector Streets 5
Residential Streets 118 236
TOTAL 143 328
TRAILS
Location Linear Square Acres
Feet Feet
Chapparosa Park Trail
10' Wide A.C. From Park Ent. to Golden Lantern 3,820 38,200 10' Wide A.C. From Basketball Cts. To Trash Bins 920 9,380 Total: Chapparosa Park Irails 4,740 47,580 1.383
Crown Valley Community Park Trail
11' Wide A.C. Trail Through Park Proper 3,250 35,750
11' Wide A.C. Trail Through Area "M" 1,760 19,300
Total: Crown Valley Community Park Trails 5,010 55,050 1.263 Niguel Road Park Trail
10' Wide Concrete Trail 1,205 12,050
10' Wide A. C. Trail and Driveway 1,739 17,390
Total: Niguel Road Park Trails 2,944 29,440 .675
Niguel Road R.O.W. Trail
10' Wide Concrete Trail from MNWD Sewer Lift Station
to Ridgeway, parallel to Niguel Road 4,385 43,850 1.006 Parc Vista Overlook Trail
15' Wide A.C. Trail from Parc Vista to Salt Creek Trail 1,714 25,710 .590 South Peak Trail
From Niguel Road to Camino Del Avion 5,374 59,114
Camino Del Avion Entry to Bridge Junction 462 4.620
Total: South Peak Trail 5,836 63,734 1.463
Salt Creek Trail
From Parc Vista Overlook Trail to Niguel Rd. Trail 3,410 44,330 1.017 TOTAL ALL TRAILS 28,039 309,694 7.397
City ofe Street we py Servicess Department
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PARKING LOTS
Day Swept Location Square Acres
Feet
Friday Alicia Skate and Soccer Park at 27745 Alicia Parkway North and South parking lot 52,347 1.201
Tuesday Bear Brand Park at32385 Park Road
From St. Annes School to Rear of SDG&E Substation 79,137 1.816 Tuesday Chapparosa Park at 25191 Chapparosa Park Road
Park Entrance to Turn Around 78,940 1.812
City Hall at 30111 Crown Valley Parkway
Monday A.C. Front Entry 2.327
Before Pavers Front Entry
7am. A.C. Parking Lot 52,110
Pavers Parking Lot 6,825
Total: City Hall Parking Lot 64,155 1.472
Crown Valley Community Park, 29751 Crown Valley Parkway Monday Crown Valley Park 117,663
Before YMCA Parking Lot 46,175
7am. Total: Crown Valley Parking Lot 163,838

3.76 El Lazo Basketball Courts, 23804 El Lazo Road
Friday Entry Drive Off El Lazo Road 14,560
Parking Lot Proper 31.572 1.059
Total: El Lazo Basketball Courts 46,132
La Paz Sports Park at 28051 La Paz Road
Friday Proped Shopping Center and Immediately Along Park 22,648 .519 Marina Hills Park at 24802 Marina Hills Drive
Wednesday Parking Lot Proper 14,206 326
Metrolink Train Station at 28200 Forbes Road
27' Entry Road from Forbes Cul-d-Sac to Parking Lot 102,020 Proper
Wednesday Phase | Parking Lot Proper 54,921
Phase Il Parking Lot Proper 179,326 4.116
Total: Metrolink Parking Lot
Pooch Park at 31461 Golden Lantern 17,037 .391
Tuesday Parking Lot Proper
Sea Country Senior and Community Center at 24602 Aliso Creek Road Monday A.C. Parking Lot Proper 38,948
Before Pavers (Crosswalks and Entry)
7am. Total: Sea Country Senior and Community Center .913 Citywide Sure Sweep-py Sewers Department

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TOTAL ALL PARKING LOTS 757,550 17.39
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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.

Pricing shall remain firm for a minimum of three (3) years. Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.)
By: Date:

Signature of Representative
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RESPONSIBILITIES OF THE CONTRACTOR

CONTRACTOR'S OFFICE/FACILITIES
The Contractor's office or base of operations may be located within Orange County. The Contractor shall maintain a telephonic communications system such as:
• Twenty-four-hour emergency notification to Contractor by the City is possible.

All calls are returned within one (1) Hour.
• All calls are toll free from Laguna Niguel.

INSURANCE
against canto from in price to persons orain fag the durationy. the only in trance 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 tor maintaining public safety. Placement of all warning devices shall be in accordance with the Traffic Manual published by the Department of Transportation, Business and Transportation Agency, and State of California.

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

PROTECTION AND RESTORATION
The Contractor shall protect all furnishings and improvements from damage by its operations. All damage occurring during the Contractor's operations shall be repaired or replaced, at the option of the City at the Contractor's expense within a reasonable time after notification of such damage. Repairs and/or replacements shall be equal to the City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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original in all aspects.

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

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

PROSECUTION OF THE WORK

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

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

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

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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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.
shah be erupped wish amenter e used from perpled on the man or related one i. combustion engine shall be operated in performance of the work without said muffler.

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

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.

INCIDENTAL WORK

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

City of Laguna Niguel - Public Works Department
Page ds oreet Sweeping services
No work shall commence without the written authorization of the Inspector or the Streets Maintenance Superintendent.

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

After the approval of work and estimate, the Contractor shall one of the followings:
• Commence and complete the work in accordance with eight (8) hours on major components and sixteen (16) hours on minor components.

Commence work within twenty-four (24) hours and proceed diligently to completion.

Commence work on the specific date established and complete within the time • The Contractor is not entitled to any extra work. The Inspector may bring in other forces to complete repair/replacement as needed.

PAYMENT

MONTHLY
At the end of each month, the Contractor shall submit an invoice which summarizes all completed work during the month.

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

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

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

A. Purchase Order Number.

B. Invoice number.

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C. Date of Services (month).

D. Item Number, description, quantity, units, unit price, total billing for month.

E. Any additional work.

F. Contract Amount, Total Billed to Date, Remaining Balance. See example below:

Total Contract Amount $ 160,000.00
Total Billed to Date $ 148,846.64
Remaining Balance $ 11,153.36
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REP INQUIRY FORM
(Must use this form to submit your questions)
Date:

From: (Name)
Company:

Email: Contact No:

In Response to RFP Citywide Street Sweeping Services
Email questions to Jeff Metz, [email protected] Deadline: 5:00 P.M., May 7, 2024
Question:

PW-rev191011
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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

Proposal Package shall be bound in the following order:

Contents:

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

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

2. Contractor's Proof and Other Information
A. Company W-9
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PROPOSAL FORM

RFP CITYWIDE STREET SWEEPING SERVICES
TO: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767

PART A - RECURRING STREET SWEEPING

QUANTITY PROPOSAL COST

ITEM DESCRIPTIONS UNITS PER YEAR

NUMBER (PER YEAR) UNIT PRICE
Arterial Streets Bi-monthly Curb- 1,920
1 Sweeping Services miles
$
Collector Street Bi-monthly Curb- 240
2 Miles
Sweeping Services $_ $.

Residential Street Bi-monthly Curb-
3 Sweeping Services Swept Bi- Miles 5,664
monthly $. $.
4 Parking Lots Bi-monthly Acres 178
Sweeping Services $. $
Trails (Bike Path) Bi-monthly Acres 418
5 Sweeping Services. $_ $
SUBTOTAL $_
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Citywide Street Sweeping Services

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PART B - AS NEEDED STREET SWEEPING

QUANTITY PROPOSAL COST

ITEM DESCRIPTIONS UNITS UNIT PRICE PER YEAR

NUMBER (PER YEAR
Emergency Street Sweeping
Services During Regular Hours 200
1 Business Hours (7:00 A.M. to
$- $.
5:00 P.M.) Weekdays
Emergency Street Sweeping
2 Services During Night and Hours 200
Weekend $_ $.

SUBTOTAL
$

PART C - ADDITIVE BID ITEMS

QUANTITY PROPOSAL COST

ITEM DESCRIPTIONS UNITS PER YEAR

NUMBER (PER YEAR UNIT PRICE
Arterial Streets Swept Weekly Curb- 3,840
1 Miles
$. $

SUBTOTAL
$
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Firm Name:

Authorized Representative:

Title:

Email Address:

Address:

City, State, and Zip Code:

Telephone:

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

Acknowledge and acceptance of the following addenda is hereby:

Addenda No. 1
Addenda No. 2
Addenda No. 3 initials:

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

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

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

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

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

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

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

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

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

REPRESENTATIVE, the duly authorized officer shall sign as follows:

Corporation Name
Name Authorized Representative Title
Signature Date
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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

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

Subcontractor Company Name:

Address: City:

State: Zip Code: License No.:

Authorized Representative: Contact No.:

Email Address: DIR No.

Designated staff to perform the following function:

Subcontractor Company Name:

Address: City:

State: Zip Code: License No.:

Authorized Representative: Contact No.:

Email Address: DIR No.

Designated staff to perform the following function:

Cily orle Stre we puSe Works Department

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QUESTIONNAIRE: FIRM INFORMATION

1. Legal Name and Address
Name:

Address:

City: State: Zip Code:

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

Name:

Title:

Contact No.:

Email:

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

4. If a corporation, state the following:

Date of Incorporation: State in which Incorporated:

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

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

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

8. The length of time in business: years

9. Provide the total number of employees:

Clyde Sire Swep ry Series Department

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

Location:

Provide the parent company, if applicable.

Company:_
Location:

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

PLEASE ATTACHED YOUR ORGANIZATION CHART TO THIS PAGE.

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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

This form may be duplicated if additional space is required.

SERVICE 1
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

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

Contact Person: Title:

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

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Citywide Street Sweeping Services

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SERVICE 2
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

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

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

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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SERVICE 3
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

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

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

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

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

This form may be duplicate if additional space is required.

Staff-President
Title:

Level of Education/Degree Obtained 1 Years of Experience:

Provide the person's experiences:

Staff-Supervisor
ity of Laguna Niguel - Public Works Departmen
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Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

Staff- Crew Foreman
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences:

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

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

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

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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PROVIDE PHOTOGRAPH OF EACH PIECE OF EQUIPMENT TO THIS
PAGE.

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

This should include:

The means the Contractor will use for completing the project.

2. Effective means of correcting any problems.

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

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

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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QUESTIONNAIRE: SUPPORT FACILITIES

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

Answer:

2. Provide address of main office.

Answer:

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

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

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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

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

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

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

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

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

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

6. Debarred Statement: Has this firm, or any principals) ever been debarred from providing any services by the Federal Government, any state government, or any local government agency within or without the State of California? • No • Yes
Initials If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.
ity of Laguna Niguel - Public Works Departme
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PROPOSAL AFFIDAVIT
RFP
The undersigned Contractor hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required to provide these services as set forth in the Request for Proposal for performing the work.

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

Contractor understands the following:

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

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

Signed Date
Company Name:

Address:

City, State, and Zip Code:

Telephone No.:

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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

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

Agency Name:

Agency Address:

Explanation:

Additional paper may be used to complete if necessary.

Signature of Contractor
Print Name and Title
City of Laguna Niguel - Public Works Departmen
Citywide Street Sweeping Services

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

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

Insurance
ITEMS/DESCRIPTION Broker
Initials:

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

Waiver of Subrogation clause is applicable to all coverage.

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

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

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

By: Date:

Signature of Representative
Citywide Street Swer-Pu Services Department

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WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code Amended by Stats. 1979, C.373, p1343, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the Agency prior to performing any work on the contract:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract."
Contractor
By
Print Name
Signature
Title
Date
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state b. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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

City of a Street Sweeping Seniorks Department

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Exhibit 'A' - Sample Maintenance Agreement
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Citywide Street Sweeping Services

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SAMPLE MAINTENANCE SERVICES

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

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
[Description of the Services - should match RFP title]
THIS AGREEMENT is made and entered into as of ("Effective Date"), by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and [Contractor], a [State of Incorporation & Company Type], hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties". Contractor has been qualified by the California Secretary of State to conduct business in the state of California.

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

RECIIALS:

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

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

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

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

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

AGREEMENI:
ity of Laguna Niguel - Public Works Departmen
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NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:

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

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

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

4. Payment.

Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation; Method of Payment) for the not-to-exceed sum of XXXX ($xxxxx) in Year One of the Agreement [include additional not-to-exceed amounts for future years].

This Agreement also includes a twenty percent (20%) contingency in an amount not-to- written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

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

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

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

6. Licenses; Standard of Care.

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

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

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

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

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

Legal Responsibilities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13. Liability Insurance.

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

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

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C. Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
2) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3) [Delete if the services do not require a professional license] Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 (a) per claim and (b) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement.

Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

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

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

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

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

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

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

J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

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

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

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

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

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

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

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

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

14. State Labor Code; Prevailing Wage Requirements.

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

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

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

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

Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration ¡ nor 125 5. Contractor and subentractors shall maintain their registratic with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

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

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

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

G. Penalties. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

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

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

Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

Overtime. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.

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

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

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

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

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

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* repair work, that deR not qualify as maintance wed kinder time rend aur as Materials) shall be submitted by Contractor to the City for the estimated value of that public project work if the value of that work exceeds $25,000.00. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount for that public project work, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit "C" and incorporated herein by this reference.

17. Warranty.

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

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

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

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

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

18. Termination.

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

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

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

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

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

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

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

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

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

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

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

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

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

Marissa J. Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Scott C. Smith
City Attorney
"CONTRACTOR"

COMPANY NAME
By:

Print Name:

Title:

By:

Print Name:

Title:

City of Laguna Niguel - Public Works Department
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Exhibit 'B' - Maps
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licia.P.kwy Pacific Park D
Moulton Pkwy
Street Sweeping
- Monday Cabol Rd Camino Capistrano
• Tuesday La Paz Rd
- Wednesday
- Thursday
- Friday
Aliso Creek Rd
N
Crown Valley Pkwy PaseD De Colins
Highlands Ave
Golden Lantern
Marina Hills Dr
Clubhouse Dr
Pacific island D
Niguel Rd Camino Del Avion
City of Laguna Niguel
Arterial Street Sweeping Routes
Date: 3/29/2024
Street Sweeping
- Monday
Tuesday
- Wednesday
•-- Tuesday & Wednesday Camino Capistrano
- Thursday
- Friday CabarRd
-- Thursday & Friday
-- NA
Also Creek Rd
N
City of Laguna Niguel
Residential Street Sweeping Routes
Date: 3/29/2024
Trash Pickup
Monday "Pacific Park D'
Tuesday
Wednesday
Thursday Camino Capistrano
Friday
N
1,
E
City of Laguna Niguel
Sweeping / Trash Pickup Schedule
Trach ciciuo o CRER
Street sweeping by Sunsel Property Services
Date: 3/29/2024
Exhibit 'C' - Calendars
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

Page 81 of 83 ends

2024 January February March
5 10
16 18 12 13 17 10 12 15
21 25 27 24 19 20 23
28 26 26 30
April May June
13 6
13 18 10 11 12 15
18 21 25 20 20
2B 27
July August September
M
10 13 8 12 13
= =
15 16 20 14 15 16 15 16 20 21
19 22 24 25 26 27
28 26 30 29
October November December
EN a
10 10 12 13
15 17 15 16 17 18 19 20
13 22 23 25 26 21 25 27
25 2025 January February March
15 16 12
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23 29
April May June
M
- m
12 15 15 17 16 18 19
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27 28 29 30 25 26 29
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M w
4 13 14 10 16 15 17
20 23 17 18 23 22 23 24 26 27
27 28 24 25 27 29 30 28 29 30
October November December
M
13 12 10 15
19 20 22 21 25 26 27
26 24 29 28 29 30
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

Page 82 of 83 ends

2026 January February March
12 14
116 17 18 19 21 15 16 18 20 21
19 22 23 24 26 28 22 25 26 28
26 29 31 29 30
April May June
14 13 15 16 17
25 23 24 25 27
21 24
27 28 29 30 28 30
July August September
W
10 12
15 17 9 = 3
12 16
20 21 22 23 24
27 29 27 29
we canes on and by ampularosy co
October November December
4 20
24 - N 25
22 25 27 28
28 29 28
2027 January February March
12 13
17 20
10 16
20 22 26 27
24 28
April May. June
M
12 15 19
11 12 15 16 17
• =& • = 8 a
21 23 22 25
25 26 27 28 29 30 23 24 28 29
30 31
tuy August September
M W
15 12 13 15 18
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18 19 20 22 28 19 20 23
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October November December
M
10 13 11
10 11 12 15 16 14 12 18 20
17 18 21 23 21 25 20 23 24
24 31
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

Page 83 of 83 ends

ATTACHMENT B
Proposals Evaluation Summary
City of Laguna Niguel
Public Works Department
RFP Name: RFP for Citywide Street Sweeping Services
REP Issue Date: April 23, 2024
RFP Due Date: May 14, 2024
No. of Bidders: 2
Proposals Evaluation Summary
Firm Name Average Score Evaluation Ranking
SCA of CA, LLC 96 1
Athens Services 80 2

ATTACHMENT C
Maintenance Services Agreement with
SCA of CA, LLC

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
Citywide Street Sweeping Services
THIS AGREEMENT is made and entered into as of ("Effective Date"), by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and SCA of CA LLC, a Delaware Limited Liability Company, hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties". This Contractor has been qualified by the California Secretary of State to conduct business in the state of California.

Contractor's DIR registration number is PW-LR-1000088302. Contractor confirms that its registration is active as of the Effective Date of this Agreement and shall remain active for the duration of the Agreement.

RECIALS:

A. The City requires Citywide Street Sweeping Services.

The City circulated a Request for Proposals for Citywide Street Sweeping Services, on May 14, 2024 to solicit competitive proposals from contractors to complete these services.

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

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

AGREEMENI:

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

Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Citywide Street Sweeping Services (the "Project"). Contractor agrees to perform the services for City, in a manner satisfactory to City, as described in the Scope of Services ("Services") which is attached hereto as Exhibit "A" which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and Exhibit "A", the terms of this Agreement shall control. -1-
2 Additional or Different Services. Any proposed changes to the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.

3. Term The contractor shall commence providing the required services on July 1, 2024 and this Agreement shall continue in full force and effect until June 30, 2027 subject to termination as provided in Section 19, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended by the City for two, one-year terms if the Contractor's performance is satisfactory and it is in the interest of the City.

Payment
A. Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation), attached and incorporated herein for the not-to-exceed sum of Three Hundred Forty-Seven Thousand One Hundred Seventy-Four Dollars ($347,174) annually for each fiscal year.

This Agreement also includes a twenty percent (20%) contingency in an amount not-to- exceed Sixty-Nine Thousand Four Hundred Thirty-Five Dollars ($69,435) per fiscal year to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

In no event shall the total compensation paid to the Contractor for the Scope of Services exceed Four Hundred Sixteen Thousand Six Hundred Nine Dolars ($416,609) per fiscal year.

Upon expiration of the term of the Agreement, if the term is extended (pursuant to Section 3 or otherwise), fees and rates may only be increased both pursuant to Section 20 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Los Angeles-Long Beach-Anaheim, CA) for the applicable period of time or 3 percent, whichever is less. City has no obligation or duty to provide any such increase. The total compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
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B. Invoices. Upon submission of each invoice, if the City is satisfied that the Contractor has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.

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

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

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

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

Legal Responsibilities.

A Contractor shall keep itself informed of all State and Federal law(s) and regulation(s) which may in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.
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B. The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or damages that may arise from injury to any person, including employees of Contractor or any subcontractor, or from damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the required Services.

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

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

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

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

A. General Obligations. Contractor agrees, to the full extent permitted by law. to indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an "Indemnitee" and collectively. "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (each an "Indemnitor" and -4-
collectively, "Indemnitors"), or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys fees, incurred by Indemnitee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.

B. Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement. Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively "City" for solely this Section 12(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City's sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of the services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence or willful misconduct of City.

Contractor will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under Section 12 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Contractor.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any -5-
insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

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

13. Liability Insurance.

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

Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
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3) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

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

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

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

1. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
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J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

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

Q. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, -8-
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

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

14. State Labor Code; Prevailing Wage Requirements.

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

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

Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. -9-
E. Compliance Monitoring. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR.

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

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

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

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

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

Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, -11-
conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

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

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

17. Warranty.

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

B. Commencement. The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Project Administrator in writing. -12-
C. Assignment. All warranties, express or implied, from subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to City, and such warranties shall be delivered to the Project Administrator prior to acceptance of Contractor's performance of the Agreement.

18. Termination.

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

19. Notice(s). Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email -13-
address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three (3) days after deposit into the U.S. mail; and iiii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).

CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: SCA of CA, LLC
Attn: Brad Becker
Address: 16251 Construction Circle W
City, State, Zip Code: Irvine, Ca. 92606

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

22. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of -14-
this Agreement has taken place, shall be filed and prosecuted in the County of Orange, State of California.

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

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

27. Authority to Sign. The person(s) executing this Agreement on behalf of the parties ero a ran that and are i ur organize and it
executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
(Remainer of Page Intentionally Left Blank)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Marissa J. Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Scott C. Smith
City Attorney
"CONTRACTOR"
SCA of CA, LLC
By:

Print Name:

Title:

By:

Print Name:

Title:
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EXHIBIT "A"

SCOPE OF SERVICES
A-1

EXHIBIT A - SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel seeks an experienced firm/company to provide Citywide Street Sweeping Services. The City of Laguna Niguel currently sweeps an inventory of residential, posted "No Parking for Street Sweeping," and commercial, industrial, arterial street sweeping, parking lots and trails. The intent of this contract is to provide scheduled and non-scheduled professional street sweeping services.

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

PERFORMANCE STANDARDS

LEVEL OF CLEANING
The Contractor shall dispose of all sweepings accumulated as a result of cleaning operations and shall not allow any sweepings to remain on the public street or other public property for more than one hour after it is accumulated. All material picked up shall become the property of the Contractor and shall be disposed of properly.

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.

The Contractor shall permit the City to inspect and audit its books and records at any and all reasonable times.

Weekly Street Cleaning Report
Monthly Maintenance/Performance Report
Revised Maintenance Calendar/Schedules (when required)
• Monthly Phone Log
• Annual NPDES Report
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

Page 12 of 83 ends

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

1. Curb-miles swept each day.

2. Scheduled curb-miles and areas missed.

3. Scheduled curb-miles and areas swept.

4. When missed areas were swept.

5. Number of complaints received each day and how they were resolved.

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.

The Contractor shall report to the City quarterly, the tonnage of debris collected.

The Contractor shall divert all sweeping material generated away from the landfill.

The Contractor shall provide the City quarterly with documentation identifying where material was discharged and a summary of weight and percentages (%) of material discharged.

D. Annual NPDES Report. In addition, every year, as requested by the City, the Contractor shall provide the City with a completed annual NDES report.

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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E. Monthly Phone Log.
1) City Community Phone Log with the Contractor. A phone log will also be submitted monthly as a part of the aforementioned monthly report, of all calls from the City of Laguna Niguel to the Contractor, whether or not those calls require a request for service, and a description of the action taken to resolve the City call. 2) Complaints Log. Contractor is required to have radio-equipped street sweepers and a supervisor available by telephone on a 24-hour basis who is assigned to provide direction and prompt attention to requests from the City for emergency service.

Response shall be within one hour after request is received.

Contractor shall, in person or through his/her agent, investigate any complaint, which may concern, or be involved in, the performance of the agreement.

Complaints received before noon shall be answered the same day; complaints received after noon shall be answered the following day.

G. Weekly Request. The Contractor representative shall contact the City on a weekly basis for notification of deficiencies requiring correction or for changes of any type.

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comply to make corrections at no cost to the City to re-commit resources for cleaning the residential & arterial streets, city owned parking lots or trails.

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.

CONTRACT TERM

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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* Depending upon when the contract will be awarded, this may be different.

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

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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

Implementing these changes:

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

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

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

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

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

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

City of Laguna Niguel - Public Works Departmen
Citywide Street Sweeping Service:

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

EQUIPMENT, MATERIALS AND VEHICLES

The Contractor shall provide a minimum of one (1) relief sweeper for each sweeper planned to be used to perform the contract work.

The Contractor shall have all sweepers return to the company's yard for washouts and hopper cleaning.

Contractor shall use equipment deemed acceptable by express approval of the Street Maintenance Superintendent. Contractor's equipment shall be subject to inspection by the Street Maintenance Superintendent. If the Contractor's equipment does not comply with the standards herein, such equipment shall be removed from service by the Contractor and not again be used again until inspected and approved in writing by the Street Maintenance Superintendent.
days stet sime pinge que pree maybe listered rile to not to e maintenance or repair. Requests to substitute older street sweeping equipment for periods in excess of five (5) days shall be submitted in writing to the Street Maintenance Superintendent. The Street Maintenance Superintendent may reject any vehicle or piece of equipment and order it removed from the job site.

Contractor's street sweeping equipment shall meet the following requirements:

A. SCAQMD Rule 1186 Certified Street Sweepers.

B. Equipment should be clean and in good mechanical condition, uniformly painted and numbered.

C. Contractor to supply CITY with GPS locator access to Contract vehicles during hours of operation.

D. Sweeper must have a dual cutter broom.

E. Standard full-size motorized street sweeper.

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Citywide Street Sweeping Services

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F. An air regenerative sweeper equal to or larger than a Tymco 600 or shall be a vacuum sweeper with equal pick up capabilities, with dual gutter brooms.

G. The street sweeping equipment shall not be older than eight (8) years from date of manufacturer.

H. Contractor shall use such standard heavy street sweeping equipment as is necessary to clean the City streets of picking up broken glass, paper, dirt, rocks, gravel, leaves and debris.

1. Street sweeper speed and broom pattern shall be in accordance with the manufacturer's recommendations.

L. The sweeper shall also be identifiable with the company name and phone number on each side along with office telephone number.

A. Available via Cloud for I-Pad mobile and Droid mobile accessibility.

B. Realtime tracking and updates every 10 seconds.

C. Vehicle identification.

D. Failure to comply shall result in a deduction of $100 per vehicle per day.

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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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.

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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LABOR

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

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.

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

The Contractor will permit access to its records by the Fair Employment Practices City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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

PERSONNEL

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

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.

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the use of alcohol or drugs on the premises or the building.

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

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

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.

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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FREQUENCY
All arterial, collector, and residential streets shall be swept on a bi-monthly basis, or otherwise noted and agreed upon under Agreement.

Trails and parking lots shall be swept bi-monthly.

There are only nine (9) posted City streets for sweeping:

Seaglen,
Niguel Ranch
Hidden Hills

4. Tessier
Parc Vista

6. Sweet Meadow
La Gracia

8. 9.

Absorbent will be swept up and disposed in designated container for oily waste by the Contractor.

Facilities:
• City Hall
Crown Valley Community Center
• Metrolink Station
• Sea Country Senior and Community Center
• YMCA
Parks:
ity of Laguna Niguel - Public Works Departme
itywide Street Sweeping Service

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• Alicia Skate and Soccer
• Crown Valley Park
• El Lazo Basketball Courts
• La Paz Sports Park
Bear Brand Park
Chapparosa Park
• Marina Hills Park
• Pooch Park
Trails (Bike Paths):
• Chapparosa Park
• Crown Valley Park
• Niguel Road Park
• Niguel Road Right-of-Way
• Parc Vista Overlook

WORKING HOURS
Parking lot areas, arterial roadways, and collector streets shall be swept between: 12 a.m. to 7:00 a.m.

Residential streets and trails (bike paths) shall be swept between: 7:00 a.m. to 4:00 p.m.

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

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 or week.

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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EXCEPTION TO THE SCHEDULE
Contractor shall notify the Street Maintenance Superintendent, when work has been stopped due to weather, equipment breakdown, or for any other reasons.

C. City Holidays. The Contractor shall observe all legal City holidays, yearly and no deduction in payment for services not provided on such legal holidays shall be 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 provide street sweeping in those areas missed due to the holidays within one week of the missed date. The contractor shall submit a schedule of the make-up operations. No additional payment will be made for these scheduled changes, even if additional equipment is required to carry them.

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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B. Tree Pruning Program: The City prunes street trees on a five-to-six (5-6) year cycle and also removes trees as necessary. Tree crews work daily, Mondays through Fridays.

D. Traffic Counters: The Contractor is cautioned that at various times and locations the City will temporarily install portable traffic counters, which utilize one or more hoses, placed in the roadway. The Contractor shall work with the City on its sweeping schedule to avoid sweeping areas with counters in place. If an area with a counter must be swept, care should be taken to avoid the traffic counter equipment and appurtenances. If the Contractor's equipment causes damage to such a counter or its appurtenances, the Contractor shall bear the entire cost of restoration, repair, testing, or replacement of the traffic counter.

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

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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The Contractor will provide the City with names and telephone numbers of at least two (2) qualified persons called by City representatives when emergency 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 Street Maintenance Superintendent prior to proceeding with any extra work except for emergency clean-up.

A. Any special attention areas may be added to the list later or covered under an hourly non-emergency basis.

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INVENTORY

ROADWAYS
Roadway Types Centerline Curb Miles
Miles
Arterial Roadways 20 80
Collector Streets 5 10
Residential Streets 118 236
TOTAL 143 328
TRAILS
Location Linear Square Acres
Feet Feet
Chapparosa Park Trail
10' Wide A.C. From Park Ent. to Golden Lantern 3,820 38,200 10' Wide A.C. From Basketball Cts. To Trash Bins 920 9,380 Total: Chapparosa Park Trails 4,740 47,580 1.383
Crown Valley Community Park Trail
11' Wide A.C. Trail Through Park Proper 3,250 35,750
11' Wide A.C. Trail Through Area "M" 1,760 19,300
Total: Crown Valley Community Park Trails 5,010 55,050 1.263 Niguel Road Park Trail
10' Wide Concrete Trail 1,205 12,050
10' Wide A. C. Trail and Driveway 1,739 17,390
Total: Niguel Road Park Trails 2,944 29,440 675
Niguel Road R.O.W. Trail
10' Wide Concrete Trail from MNWD Sewer Lift Station
to Ridgeway, parallel to Niguel Road 4,385 43,850 1.006 Parc Vista Overlook Trail
15' Wide A.C. Trail from Parc Vista to Salt Creek Trail 1,714 25,710 .590 South Peak Trail
From Niguel Road to Camino Del Avior 5,374 59,114
Camino Del Avion Entry to Bridge Junctior 462 4,620
Total: South Peak Trail 5,836 63,734 1.463
Salt Creek Trail
From Parc Vista Overlook Trail to Niguel Rd. Trail 3,410 44,330 1.017 TOTAL ALL TRAILS 28,039 309,694 7.397
Clyde Sure Sweep Seniorks Department

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PARKING LOTS
Day Swept Location Square Acres
Feet
Friday Alicia Skate and Soccer Park at 27745 Alicia Parkway North and South parking lot 52,347 1.201
Tuesday Bear Brand Park at32385 Park Road
From St. Annes School to Rear of SDG&E Substation 79,137 1.816 Tuesday Chapparosa Park at 25191 Chapparosa Park Road
Park Entrance to Turn Around 78,940 1.812
City Hall at 30111 Crown Valley Parkway
Monday A.C. Front Entry 22323
Before Pavers Front Entry
7am. A.C. Parking Lot 52,110
Pavers Parking Lot 6,825
Total: City Hall Parking Lot 64,155 1.472
Crown Valley Community Park, 29751 Crown Valley Parkway Monday Crown Valley Park 117,663
Before YMCA Parking Lot 46,175
7am. Total: Crown Valley Parking Lot 163,838

3.76 El Lazo Basketball Courts, 23804 El Lazo Road
Friday Entry Drive Off El Lazo Road 14,560
Parking Lot Proper 31,572 1.059
Total: El Lazo Basketball Courts 46,132
La Paz Sports Park at 28051 La Paz Road
Friday Behind Shopping Center and Immediately Along Park 22,648 .519 Proper
Marina Hills Park at 24802 Marina Hills Drive
Wednesday Parking Lot Proper 14,206 326
Metrolink Train Station at 28200 Forbes Road
27' Entry Road from Forbes Cul-d-Sac to Parking Lot 22,329 Proper 102,076
Wednesday Phase | Parking Lot Proper 54,921
Phase Il Parking Lot Proper 179,326 4.116
Total: Metrolink Parking Lot
Pooch Park at 31461 Golden Lantern 17,037 .391
Tuesday Parking Lot Proper
Sea Country Senior and Community Center at 24602 Aliso Creek Road Monday A.C. Parking Lot Proper
Before Pavers (Crosswalks and Entry)
7am. Total: Sea Country Senior and Community Center 39,784 .913 ity of Laguna Niguel - Public Works Departmen
itywide Street Sweeping Service

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TOTAL ALL PARKING LOTS 757,550 17.39
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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RESPONSIBILITIES OF THE CONTRACTOR

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.

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.

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original in all aspects.

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

PROSECUTION OF THE WORK

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

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

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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GENERAL ENVIRONMENTAL REQUIREMENTS

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.

INCIDENTAL WORK

AUTHORIZATION
emeny vantalism, acaded so Ate of Medings, or critiste ages ely he rea covered by the contract.

Clyde Sure Sweeties Department

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

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

Commence work within twenty-four (24) hours and proceed diligently to completion.

Commence work on the specific date established and complete within the time allotted.
• The Contractor is not entitled to any extra work. The Inspector may bring in other forces to complete repair/replacement as needed.

PAYMENT

MONTHLY
At the end of each month, the Contractor shall submit an invoice which summarizes all completed work during the month.

A. Purchase Order Number.

B. Invoice number.

City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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C. Date of Services (month).

D. Item Number, description, quantity, units, unit price, total billing for month.

E. Any additional work.

F. Contract Amount, Total Billed to Date, Remaining Balance. See example below:

Total Contract Amount $ 160,000.00
Total Billed to Date $ 148,846.64
Remaining Balance $ 11,153.36
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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Pacific Park!
Alicia Pkwy Moulton Pkwy/
Street Sweeping
- Monday cabot Rd Camino Capistrano
Tuesday La Paz Rd
- Wednesday
- Thursday
- Friday
Aliso Creek Rd
N
colinas
Crown Valley Pkwy Paseo De
Highlands Ave
Golden Lantern
Marina Hills Dr
Cwahouse Dr
Pacific island Dr
Niguel Rd Camino Del Avion
City of Laguna Niguel
Arterial Street Sweeping Routes
Date: 3/29/2024
Street Sweeping
- Monday
• Tuesday
- Wednesday
--. Tuesday & Wednesday Camino Capistrano
- Thursday
- Friday Cabot Ra
- Thursday & Friday
- NA
CION
Aliso Creek Rd
City of Laguna Niguel
Residential Street Sweeping Routes
Date: 3/29/2024
Trash Pickup
Monday Pacific Park Ot
Tuesday
Wednesday
Thursday Camino Capistrano
Friday
Cabot Rd
N
City of Laguna Niguel
Sweeping / Trash Pickup Schedule
Trasis pickup by: CR&R
Street sweeping by Sunset Property Services
Date: 3/29/2024
City of Laguna Niguel Street Sweeping Schedule
(FY2024-25 - FY2026-27)
2024 January February March
11 10
12 13 10
21 26 19 21 22
28 30 26 28 29 28 30
31 April May June
M M
13 12 13
21 23 24 26 20 23 25 18 22
28 30 30
30 uly August September
M
13 10 12 13 14
14 15 16 18 20 11 15 17 15 19 20 21
12 22 26 27 28
22 24 26 22 74
26 31 29 30
28 October November December
- c un ~
9 10 12
13 18 10 16 15 16 17 Te
17 23 22 23 25 28
20 25 26
20 27 29 30 24 29 29 30
2025 January February March
F T
12 13 16 17 10
19 20 21 22 20 21
28 29 24 25 25 28
April May June
M M
4 12
14 18 19 20
13 11
20 21 22 23 24 25 26 18 24 15 26 27 28
27 29 30 25 26 27
July August September
W
13 10 12 14 15 16 18
22 24 26 17 18 19 23 22 24 25 26 27
20 25
27 29 24 25 26 29 28 30
31 Twe calls avanalty bingorian cary don
October November December
M T f
3m
12 15 15 14
19 20 22 22 23 25
26 27 28 29 31 23 24 29 28 30 31
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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2026 January February March
10 10 14
16 15 16 17 15 21
23 22 23 24 22 25
26 30 29 30
April May June
M W
13 10 16 15
19 17 18 20 22
26 27 28 20 24 25 26 28 29
31 Lụy August September
M T F
10 11
+ =
13 14 15
• = 8 A
17 18 22 26
16 26 29 23 24 26
30 October November December
0 = 2 - 12
14 21 14 15 19
18 28 26
25 26 27 28 29 30 31
2027 January February March
m == 11 12 13
14 | 15 19 20
17 22 26 27 27
18 20
24 25 26 27 28 31
31 April May June
M M -"
10 12
9 =
= 12 0 = 8 19
19 23 24 16
25 26 27 2B 29 30 25 26 27 28 29 27฿ 28 29 30
30 31
july August September
5 6 10
11 16 18
12 18 22 24 22 23 28 20 24 25
25 26 27 28 29 30 31 29 26 27 28
he care mant by amputamary:

October November December
M
5 9 11
10 11 17 18 15 18
17 24 25 22 23 24 25
24 25 26 27 28 29 30 28 30 26
31 City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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Quality Control Plan
SCA is the premiere street sweeping contractor in California. With over 40 years of experience in providing street sweeping services, SCA has demonstrated that it can deliver the highest quality service. SCA enjoys the best reputation in the industry because of our proven ability to provide excellent service with punctuality and dependability.

There are 10 key components that ensure that all streets will be swept properly and on time:

1. Operator Training
Our street sweeper operator training program lasts two to four weeks. New operators are evaluated by veteran drivers and the regional driver supervisor. During the Introductory Period, trainees are evaluated on safety, performance and progress. Drivers in the training program must pass multiple tests before they are permitted to work alone.

Approximately one out of every three trainees is offered permanent employment. a. Pre-employment requirements for all trainees include:

1. Clean driving record, verified by current copy of Department of Motor Vehicles H6 printout

2. No accidents

3. Strong references

4. Pre-employment physical

5. Pre-employment drug testing

2. Operator Retention
SCA has a large staff of qualified sweeper operators because we have been successful in retaining employees.

Our company policy is keeping the same operators because they have the detailed knowledge and experience that will enable them to avoid complaints.

The most common and egregious complaint I hear about other sweeping companies from their municipal clients is the constant swapping of operators.

We achieve retention through excellent pay and benefits complemented by a family friendly working environment. We are very proud of our excellent staff.

3. Equipment
We will provide these skilled operators with new or late-model sweepers that are in excellent operating condition and appearance. SCA equips its trucks with Global Positioning Satellite (GPS) systems. All of the real-time data is monitored by SCA's dispatchers. This permits SCA to monitor the driver's speed, time, and location and gutter broom activity.

All equipment used will be in compliance with SCAQMD Rules 1186 and 1186.1 and all other applicable laws and rules. Back-up equipment is available at all times.

4. Equipment Maintenance
A key component of an effective sweeping program is high quality equipment repairs and maintenance. Broom changes and tire repairing will be performed at our Irvine location. All preventative maintenance and repairs will also be performed there. We have a staff of mechanics and helpers who are expert at sweeper repair and maintenance.

We have a full inventory of parts and supplies readily available. We have all necessary tools and equipment needed to repair virtually everything on a street sweeper.

5. Back-up Sweepers
We will have back-up sweepers available at all times. We own and operate a tremendous fleet of sweepers that gives us depth and strong resources capable of dealing with any eventuality.

6. Back-up Operators
We have over 80 full-time sweeper operators working throughout California. We have many highly qualified operators that could come in and perform well on very short notice. The size of our staff gives us a tremendous advantage over our smaller, less qualified competitors.

7. Supervision
Supervision is an important component and is key to the success of our street sweeping program. We are fortunate to have a tenured team of industry professionals who are responsible for the day-to-day management and supervision of this contract.

8. Complaint Handling
Our operators are encouraged to take as many passes as necessary to do a great job. They take great pride in the complete satisfaction of the residents. Consequently, they receive very few complaints.

We will handle any and all complaints on the day they are received. We believe that responsiveness is key to establishing public confidence in our ability and integrity.

We also believe that the operator is more highly motivated to do a good job the first time if he knows he may have to come back again if he doesn't. Our operators take great pride in not receiving complaints and doing a great job the first time.

Our operators will check in with the designated city person on a daily basis to see if there are any complaints. If there are complaints, we will go out and re-sweep them immediately. We will always respond in less than six hours.

9. Communication / Emergencies
All administrative staff will provide the City with cell phone numbers that can be used to reach us 24 hours a day, seven days per week.

10. Safety Program
SCA differentiates itself from the competition by having an aggressive accident prevention program. We reward our operators for accident-free driving. We have regular safety meetings with employees to remind them of the importance of working accident-free.

Our proactive emphasis on safety makes SCA a stronger, healthier company. This is good for our employees, good for our clients and essential to our containing the tremendous cost of insurance.

EXHIBIT "B"

SCHEDULE OF COMPENSATION
B-1

PROPOSAL FORM

RFP CITYWIDE STREET SWEEPING SERVICES
TO: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767

PART A - RECURRING STREET SWEEPING

QUANTITY PROPOSAL COST

ITEM DESCRIPTIONS UNITS UNIT PRICE PER YEAR

NUMBER (PER YEAR)
Arterial Streets Bi-monthly Curb-
1 Sweeping Services miles 1,920
$ 39.30 $_75,456.00
Collector Street Bi-monthly Curb- 240
2 Sweeping Services Miles
$ 39.30 $ 9,432.00
Residential Street Bi-monthly Curb-
3 Sweeping Services Swept Bi- Miles 5,664
monthly $ 39.30 $222,595.20
4 Parking Lots Bi-monthly Acres 178
Sweeping Services $153.00 $_27,234.00
Trails (Bike Path) Bi-monthly Acres 418
5 Sweeping Services.
$ 29.80 $_12,456.40

SUBTOTAL
$347,173.60
City of Laguna Niguel - Public Works Department

Page 40 ends

PART B - AS NEEDED STREET SWEEPING

QUANTITY PROPOSAL COST

ITEM DESCRIPTIONS UNITS PER YEAR

NUMBER (PER YEAR UNIT PRICE
Emergency Street Sweeping
Services During Regular Hours 200
1 Business Hours (7:00 A.M. to
$_142.15 $_28,430.00
5:00 P.M.) Weekdays
Emergency Street Sweeping
2 Services During Night and Hours 200
Weekend $ 188.22 $_37,644.00_

SUBTOTAL
$_66,074.00

PART C - ADDITIVE BID ITEMS

QUANTITY PROPOSAL COST

ITEM DESCRIPTIONS UNITS (PER YEAR UNIT PRICE PER YEAR
NUMBER
Arterial Streets Swept Weekly Curb-
1 Miles 3,840
$ 39.30 $_150,912.00

SUBTOTAL
$ 150,912.00
City of Laguna Niguel - Public Works Department
Citywide Street Sweeping Services

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EXHIBIT "C"

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

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

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

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

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

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

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

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

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

Its: Its:
(Seal) (Seal)
Notari Td, an emuse be e acter in any person dated all reature must be l attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located
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Laguna Niguel City CouncilJune 18, 2024

Laguna Niguel City Council
June 18, 2024