Laguna Niguel City Council
May 6, 2025

To:

FROM:

DATE:

SUBJECT:

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Jacki Scott, Public Works Director/City Engineer
May 6th, 2025
Award of Maintenance Services Agreement for Citywide Interior and Exterior Potted Plant Maintenance Services to Instant Jungle LLC

RECOMMENDATION
Staff recommends that the City Council:

1. Award the Maintenance Services Agreement for Citywide Interior and Exterior Potted Plant Maintenance Services to Instant Jungle LLC in the not-to-exceed amount of $25,000 per year for Fiscal Years 2025-26 through 2027-28, subject to extension administratively for two additional one-year periods; and,

2. Approve a not-to-exceed-20% contingency per year of the total contract in the amount of $5,000 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with Instant Jungle LLC for a total not-to-exceed amount of $30,000 per year, if needed; and,

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

BACKGROUND
The City of Laguna Niguel maintains a variety of interior and exterior potted plants at City Hall, Crown Valley Community Center, and Sea Country Senior and Community Center.

These potted plants contribute to the aesthetics, air quality, and overall environment of these City-owned facilities for residents, visitors and employees.

Investing in contracted interior and exterior potted plant maintenance services offers several key benefits:
• Aesthetic Enhancement: Well-maintained plants improve the appearance of City buildings , creating a welcoming atmosphere for visitors and employees. • Air Quality Improvement: Indoor plants help filter pollutants and increase oxygen levels, contributing to healthier indoor environments.

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• Environmental Sustainability: Proper plant care reduces plant replacement costs and minimizes waste, aligning with the City's goals. • Cost Efficiency: A systematic approach to plant maintenance can prevent plant loss, reduce the need for frequent replacements, and minimize long-term expenses .
• Employee and Public Well-Being: Studies have shown that greenery in workspaces and public areas can reduce stress, enhance productivity, and promote well-being among occupants.

Proper maintenance of potted plants includes regular watering, pruning, fertilization, pest control, and replacement of unhealthy or seasonal plants. The City relies on contracted services to maintain the long-term health of its potted plants. In support of City Council Goal 3 (Open Space and Environmental Preservation) and Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan, the Public Works Department relies on contract services to provide these specialized maintenance services.

ANALYSIS
In March 2025, staff published a Request for Proposals (RFP), shown as Attachment "A", to identify the most qualified contractors to provide citywide interior and exterior potted plant maintenance 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 Interior and Exterior Potted Plant Maintenance Services requested monthly service to furnish all necessary administration, labor, tools, materials, and equipment required, as well as hourly labor rates for additional services as requested, to provide maintenance in support of the City's facilities.

In response to the RFP, three qualified proposals were received. The proposals were evaluated based on the following five criteria: (1) Cost to the City; (2) Completeness of the Proposal; (3) Qualifications and Experience; (4) Quality of Goods; and (5) Proposer's Financial Stability. The Proposals Evaluation Summary can be found in Attachment "B".

The table below displays the contractor and evaluation ranking for each of the received proposals.

Ranking Firm Name Monthly Service Rate I
Hourly Service Rate
1 Instant Jungle LLC $950 per month /
(Recommended) $55 per hour
2 California Interior Plants, Inc. $950 per month /
$65 per hour
3 Mariposa Landscape, Inc. $2,044 per month/
$50 per hour

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 submitted proposals to the RFP, the qualifications and experience of the contractors, and cost. After a thorough review of the proposals received and based on all relevant factors, staff believe Instant Jungle LLC represents the best overall value to provide maintenance services in support of the City's interior and exterior potted plants.

Instant Jungle LLC, formerly known as Wolff Horticulture, Inc., has provided the City with interior and exterior potted plant maintenance services over the past five years and staff are confident that Instant Jungle LLC will continue to provide the City with potted plant maintenance services at a great value. Instant Jungle LLC has over 44 years of experience in the potted plant maintenance industry and has provided similar services to the City of Tustin, Sony Pictures Entertainment in Cluver City, and LBA Realty in Irvine.

References from these entities identified that this contractor has met and exceeded expectations .

Staff recommends that the City Council award a Maintenance Services Agreement to Instant Jungle LLC in the not-to-exceed amount of $25,000 per year for Fiscal Years 2025-26 through 2027-28, subject to extension administratively for two additional one­ year periods. In addition, the Agreement will include a not-to-exceed 20% contingency of the contract in the amount of $5,000 per fiscal year for additional work for a total not-to­ exceed amount of $30,000 per fiscal year. The Maintenance Services Agreement with Instant Jungle, 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 Interior and Exterior Potted Plant Maintenance Services. Staff believes that rebidding the RFP will not result in more desirable quotes.

2. The City Council may decide not to award the Maintenance Services Agreement to Instant Jungle LLC for Citywide Interior and Exterior Potted Plant Maintenance Services. This alternative is not recommended because the City would be without a maintenance contractor for its interior and exterior potted plants.

FISCAL REVIEW
The proposed Fiscal Years 2025-27 Public Works Department budget includes sufficient funds for the Citywide Interior and Exterior Potted Plant Maintenance Services.

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

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CONCLUSION
Staff recommends that the City Council:

1. Award the Maintenance Services Agreement for Citywide Interior and Exterior Potted Plant Maintenance Services with Instant Jungle LLC in the not-to-exceed amount of $25,000 per year for Fiscal Years 2025-26 through 2027-28, subject to extension administratively for two additional one-year periods; and,

2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $5,000 per fiscal year for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with Instant Jungle LLC for a total not-to-exceed amount of $30,000 per fiscal year, if needed; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Instant Jungle, LLC., subject to the City Attorney making non-substantive changes
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City Manager
Kevin Tobin
Maintenance Services Manager
Attachments :
1 Scott
ublic Works Director/City Engineer
Scott Frame
Parks and Landscape Maintenance
Superintendent
A. RFP for Citywide Interior and Exterior Potted Plant Maintenance Services B. Proposals Evaluation Summary
C. Maintenance Services Agreement with Instant Jungle LLC

ATTACHMENT A
RFP for Interior and Exterior Potted
Plant Maintenance Services

CITY OF LAGUNA NIGUEL

REQUEST FOR PROPOSALS

CITYWIDE INTERIOR AND EXTERIOR POTTED PLANT MAINTENANCE

SERVICES
Proposals must be received by:

Due Date: March 28, 2025
At 5:00 P.M.

TABLE OF CONTENTS
INSTRUCTIONS TO PROPOSERS ................................. .................................................... 4 INTRODUCTION ............................................................................................................ 12 QUALIFICATION ............................................................................................................ 12 MAINTENANCE SERVICES .......................................................................................... 13 PERFORMANCE STANDARDS ........................................................................................ 14 AS NEED SERVICES (EXTRA WORK) ......................................................................... 15 CONTRACT TERM ............................................................................................................ 15 INITIAL YEARS OF SERVICE ....................................................................................... 15 NINETY CALENDAR DAYS EXTENSION OPTION ....................................................... 16 REDUCTION .................................................................................................................. 16 EQUIPMENT, MATERIALS AND VEHICLES .................................................................... 17 VEHICLE ........................................................................................................................ 17 VEHICLES LOGO .......................................................................................................... 17 EQUIPMENT NOISE ...................................................................................................... 17 WATER USAGE .................................................................. ........................................... 18 DAMAGES ..................................................................................................................... 18 LABOR ............................................................................................................................... 18 LABOR CODE ................................................................................................................ 18 TRAVEL AND SUBSISTENCE PAYMENTS .................................................................. 18 WORKER'S COMPENSATION ...................................................................................... 18 FAIR EMPLOYEMENT PRACTICES ............................................................................. 18 RECORDS ..................................................................................................................... 19 PERSONNEL ...... ........................................................................................... .................... 19 SUPERVISOR ................................................................................................................ 19 GENERAL EMPLOYEE GUIDELINES ........................................................................... 19 BACKGROUND .............................................................................................................. 19 CONDUCT ..................................................................................................................... 19 HEALTH ......................................................................................................................... 19 BACKUP STAFF ............................................................................................................ 19 REPLACING KEY PERSONNEL .................................................................................... 20 NON-DISCRIMINATION ................................................................................................. 20 REMOVAL OF ITEMS .................................................................................................... 20 TRAINING ...................................................................................................................... 20 RESPONSIBILITIES OF THE CONTRACTOR .................................................................. 21 LICENSES/PERMITS .......................................................................... ........................... 21 CONTRACTOR'S OFFICE/FACILITIES ......................................................................... 21 INSURANCE ..................................................................................................... .. ........... 21 SAFETY ......................................................................................................................... 21 PROTECTION AND RESTORATION ............................................................................. 21 UNIFORMS AND APPEARANCE .................................................................................. 22 WORKSITE LIMITS ........................................................... ............................................. 22 PROSECUTION OF THE WORK ........................................... .. ......................................... 22 GENERAL ENVIRONMENTAL REQUIREMENTS ............................................................ 23 WATER CONSERVATION ............................................................................................. 23 WATER POLLUTION ..................................................................................................... 23 INCIDENTAL WORK ..................................................... .................................. ................... 23 PAYMENT .......................................................................................................................... 24 INVOICING ........................................... .......................................................................... 24 RFP INQUIRY FORM ........................................................................................................ 26 RESPONSES TO SCOPE OF SERVICES ........................................................................ 27 PROPOSAL FORM ................................................... .............................. ........................... 28 PROPOSAL FEE SHEET: LABOR .................................................................................... 30 SUBCONTRACTORS ........................................................................................................ 32 QUESTIONNAIRE: FIRM INFORMATION ......................................................................... 33 QUESTIONNAIRE: FIRM EXPERIENCE ........................................................................... 35 QUESTIONNAIRE: FIRM PERSONNEL. ........................................................................... 37 QUESTIONNAIRE: EQUIPMENT ...................................................................................... 38 QUALITY CONTROL PLAN ............................................................................................... 39 QUESTIONNAIRE: SUPPORT FACILITIES ...................................................................... 40 QUESTIONNAIRE: COMPANY FINANICAL CONDITION ................................................. 41 PROPOSAL AFFIDAVIT .................................................................................................... 42 PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS ............................................ 43 STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS ............................ 43 WORKERS' COMPENSATION INSURANCE CERTIFICATE ....................... .................... 44

EXHIBIT A- INVENTORY

EXHIBIT B - SAMPLE MAINTENANCE SERVICE AGREEMENT

EXHIBIT C - SAMPLE INSURANCE CERTIFICATE

INSTRUCTIONS TO PROPOSERS

1. Purpose. The City of Laguna Niguel ("City") is seeking proposals for Interior and Exterior Potted Plant Maintenance 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.

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. Not applicable for this service. Wage rates for this agreement are subject to the California State Minimum wage.

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 understood the information that the City provided to serve as the basis for the 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 the 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 the grounds that the Proposer was not fully informed of any fact or condition.

G. Have contemplated and included any increases in prices or wages as a result of, but not limited to, minimum or prevailing wages and the Consumer 4 6.

7. 8.

9. Price Index or any other such indices in its cost proposal for the entire length of the Contract term as described herein. Any failure of the Contractor to incorporate such price or wage increases in its cost proposal will not obligate the City to make any increases in not-to-exceed amounts during the term of the resultant Contract.

Measurements - Contractor's (Proposer's) Responsibility. It is the Contractor's responsibility to verify all measurements, materials, or any other information about 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 before the proposal's deadline. Examples of current plant inventory can be view in public areas of all City facitlies including City Hall, Crown Valley Community Center and Sea Country Senior and Community Center.

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 Date
City Release of RFP February 28, 2025
Final Questions Due No Later than 5:00 P.M.
*Must use Attachment X - RFP Inquiry Form March 7, 2025 Responses Provided to RFP Questions / Addendum 5:00 P.M.

Issuance if necessary March 14, 2025
Proposal Due
5:00 P.M.

All proposals must be submitted directly to March 28, 2025 Plantetbids.com.

Notification of Selection April 4, 2025
Tentative Contract Approval by City Council May 2025
Agreement Service Begins July 1, 2025
RFP Questions and Inquires. Questions and inquiries must be presented on the RFP Inquiry Form (enclosed herein) and submitted into the Planetbids.com 5 portal.

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

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

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

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

11. Submittal of Proposals.

Proposals shall be submitted to the Planetbids.com 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 City will determine the best value bid 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. 6 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 assessed on costs the City or other comparable public agencies have paid for similar 50 services and in accordance with what is to be considered with the industry's standard and customary costs for the Services.

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

Qualifications & Experience
• Firm Experience & Performance*
• Firm Personnel 20
• References
Quality of Goods and Support Facilities
• Equipment 15
• Support Facilities
Proposer's financial stability. 5
The attached questionnaire must be completed and returned with the proposal package in order for staff to evaluate the proposal accurately and fairly. 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 for the City to evaluate it comprehensively 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 the current or previous contract service will be considered part of the evaluation process. Please note that the history of performance deficiency will lower the Contractor's ranking score.

13. Local Business. The City has adopted a local preference program for businesses 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 Contractor's 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. If information or pricing submitted by the Contractor is unclear to 7 the City, the City may request additional information and/or pricing breakdowns from that Contractor. The Contractor must answer, in writing, such requests for additional information and/or clarification; these responses will become part of the vendor's proposal.

If the negotiation with the top-ranked Contractor is unsuccessful, the City may then go down the list 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.

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

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

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

C. The City of Laguna Niguel reserves the right to issue a new RFP for the work. 8 D. Proposals received by the City of Laguna Niguel are subject to public inspection under the California Public Records Act (Government Code Section 6250 et seq.), unless exempt and will be made available upon request after award.

E. Proposals submitted are not to be copyrighted.

F. The City of Laguna Niguel reserves the right to require confirmation of information furnished by any Contractor and/or request any Contractor to provide additional evidence of qualifications to successfully perform the 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. Criminal Background Check. The contractor is required to provide security checks for all personnel assigned to work under this contract. The Contractor will be responsible for the costs associated with this process. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check.

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

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

A. Evidence of collusion, directly or indirectly, among 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.
9 F. Proposer's default under any previous agreement with the City, which results in termination of the Agreement.

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

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

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

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

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

A. Preparing its proposal in response to this RFP

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

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

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

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

INTRODUCTION
The City of Laguna Niguel is seeking an experienced firm/company to provide Citywide interior and exterior potted plant services. The selected contractor will ensure the plants' health, appearance, and vitality, contributing to an aesthetically pleasing and welcoming environment for employees, residents, and visitors.

This scope of services encompasses all aspects of plant care, including but not limited to routine watering, pruning, fertilization , pest control, cleaning, and plant replacement as necessary. Services will be performed regularly, with additional visits as needed to address emergencies or specific requirements.

The contractor will maintain potted plants in various locations, such as office spaces, lobbies, courtyards, and other public areas, ensuring consistent care regardless of seasonal or environmental changes.

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

QUALi FiCA TION
The contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements . The following minimum qualifications are desired:
• Minimum of ten (10) full years of experience similar work • Work experience with Cities, Counties, and local government agencies • Contract services amount to greater than $50,000 annually

SERVICES TO BE PROVIDED AT THE FOLLOWING LOCATIONS
City Hall
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Crown Valley Community Center
29571 Crown Valley Parkway
Laguna Niguel, CA 92677
Sea Country Senior and Community Center
24602 Aliso Creek Road
Laguna Niguel, CA 92677
12 MAINTENANCE SERVICES

1. Plant Care
• Remove weeds from planters.
• Remove and dispose of trash and debris from planters. • Remove broken and damaged plant material.
• Trim plant material to preserve the natural form and flowering. • Inspect soil moisture levels and apply water appropriately. • Clean all plant foliage and plant containers.
• Apply fertilizer as required for optimal plant health. • Maintain proper growing median. Add and replace when necessary.

2. Plant Replacement
• Replace dead or severely damaged plants promptly with comparable species and sizes to maintain the aesthetic standard. Ensure replacements align with the existing design scheme.

3. Pest Management Plan
• Develop and implement a pest management plan that uses Integrated Pest Management (1PM) techniques to minimize chemical use and prioritize environmentally friendly treatments.

4. Seasonal Adjustments
• Adjust care schedules and practices to account for seasonal changes in light, temperature, and humidity that impact plant health.

5. Emergency Services
• Provide on-call services for urgent issues, such as plant damage due to facility activities or unexpected infestations.

6. Inventory Management
• Maintain an up-to-date inventory of all plants, including their species, locations, and care requirements, and provide periodic updates to the City.

7. Decorative Displays
• Assist with designing, installing, and maintaining temporary seasonal or thematic displays.

8. Water Management
• Inspect and maintain self-watering containers, reservoirs, or irrigation systems where applicable.
13 9. Monthly Reporting
• Submit a monthly report detailing completed tasks, plant conditions, issues addressed, and any recommendations for improvements or replacements.

10. Waste Management
• Ensure environmentally responsible disposal of plant debris, soil, and other waste materials.

11. Plant Placement Review
• Periodically review plant placements to ensure they are optimal for health and aesthetics, considering lighting or space usage changes.

PERFORMANCE STANDARDS
Foliage Plant Standards

1. All plants shall be maintained to be symmetrical, healthy, vigorous, well­ branched, and densely foliated. All foliage shall be free from disease, insect pests, eggs, or larvae and have healthy, well-developed root systems. Plants shall be free from physical damage or adverse conditions preventing the plant from thriving.

2. Plants shall be true to species and variety and shall conform to the minimum height, width, and pot size ratios based on the current plant inventory

3. The contractor may suggest plants larger than specified, but they shall not be used unless approved by the City Representative

4. Plants shall be measured when branches are in their normal position. Height and spread dimensions refer to the main body of the plant and not from branch tip to branch tip. Measurements specified are the minimally acceptable size and shall be the measurements after pruning (where pruning is required).

5. Plants that meet the specified measurement but do not possess a normal balance between height and spread will be rejected. No plant that requires permanent staking to remain upright will be accepted.

Damages. The Contractor shall be responsible for correcting or replacing damaged plant­ related furnishings and plants not in sound horticultural health. This includes plants that are damaged, die, or lose their original form due to natural causes, negligence, or improper maintenance by the Contractor. Such plants shall be replaced in equal kind and size at no expense to the City. The Contractor shall not be held responsible for replacing plant materials damaged or killed due to vandalism or extreme environmental conditions beyond the Contractor's control.

Material Safety Data Sheets (SDS). The company shall provide Safety Data Sheets (SOS) to the City Representative for any and all chemicals applied to the plants. The company shall ensure that all staff members providing chemical services shall be 14 properly licensed in the State of California to provide such services. Proof of meeting this requirement shall be made available to the City Representative upon request.

Pest and Disease Control. Each scheduled maintenance visit must include inspect for soil and foliar insect pests, diseases, and other infestations. It is imperative to act and treat before any sign of damage. All plants should be treated appropriately following Integrated Pest Management (1PM) to prevent disease and pest outbreaks. A City representative must approve all pesticide applications.

Watering. The Contractor shall inspect soil moisture levels and replenish as necessary to meet the plants' requirements. All water spills must be cleaned up immediately to prevent safety issues. The Contractor shall provide any equipment or apparatus needed to apply the correct amount of water to interior plants properly.

AS NEED SERVICES (EXTRA WORK)

1. Seasonal and/or Special Events Decorations. Upon the request of the City Representative, the Contractor shall furnish and install plants to enhance seasonal or special decorations, including but not limited to live plants and potted trees.

1. New Plants and Pots. Work with the City Representative to select new plants and planters for offices and/or shared interior space as needed. Recommend plants that are suitable for current lighting and space. Any new design plant material or additional plant material requested shall be charged separately from regular plant replacement requirements covered under plant warranties. The Contractor shall provide a price quote for the proposed plant replacement at the time of the request. This requirement shall be considered optional and discretionary, with the understanding that some of the funds for this line item may not be expended. City Representative shall approve any new plant selections charged against this line item.

CONTRACT TERM

INITIAL YEARS OF SERVICE
This contract shall be for a period of three (3) years* from the date of the award, subject to renewal by two (2) additional one-year periods. Based upon the 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 a contract extension. The total term of the contract shall not exceed five (5) years.

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 fully comply with all of the performance standards as established by this Contract.
15 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.

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

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

CHANGES IN CONTRACT SPECIFICATIONS
The City may change the areas or inventory to be maintained. Any and all such changes 16 shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Due to difficulties with the acceptance time frame, it will not always be possible to have the actual change order sent 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.

Implementing these changes:

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

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

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

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

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

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

EQUIPMENT, MATERIALS AND VEHICLES

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

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

VEHICLES LOGO
Contractor shall display the name of 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 17 owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.

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

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

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

LABOR

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

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

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

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

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

The Contractor will permit access to its records by the Fair Employment Practices Commission for investigation of compliance with Fair Employment Practices. That should investigation determine that the Contractor has not complied with the Fair Employment Practices, then pursuant to Sections 1735 and 1775 of the Labor Code, the Contractor shall forfeit to the City one hundred Dollars ($100.00) for each calendar day or portion thereof, for each person so denied employment as a result of non-compliance. 18 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) the schedule of work, (2) complaints, and (3) the 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 Parks and Landscape Maintenance Superintendent, shall be discharged immediately and not re-employed on the work.

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

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

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

BACKUP STAFF
The Contractor shall provide enough backup staff to cover absenteeism or extend existing workforce hours to compensate for absent staff. The backup staff shall adhere to the 19 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

8. 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. 20 RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS

NOT REQUIRED

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

INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or 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 the Contractor allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained.

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

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

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

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

PROTECTION AND RESTORATION
The Contractor shall protect all furnishings and improvements from damage by its operations. All damage occurring during the Contractor's operations shall be repaired or replaced, at the option of the City at the Contractor's expense within a reasonable time 21 after notification of such damage. Repairs and/or replacements shall be equal to the original in all aspects.

UNIFORMS AND APPEARANCE
All Contractor's personnel shall be required to wear uniforms bearing the company name while performing work under the contract. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. The uniform shall consist of a shirt and jacket with the company name. Safety vests shall not be considered 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 and city-leased property with City access and egress agreements. The Contractor shall not enter any adjacent property to conduct any operations required under this contract unless 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 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.
22 GENERAL ENVIRONMENTAL REQUIREMENTS

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

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

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

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

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

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

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

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

INCIDENTAL WORK

AUTHORIZATION
Any incidental work related to tree trimming 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.
23 No work shall commence without the written authorization of a City Inspector or the Landscape and Park 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 the work and estimate, the Contractor shall do one of the following :
• 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 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 shall summarize all completed work during that job/month.

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

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

A. Invoice number
B. Facility name, month of services, and any additional work C. Contract Amount, Total Billed to Date, Remaining Balance D. Signed proposal(s) for any extra work
Example:
24 Total Contract Amount
Total Billed to Date
Remaining Balance
$ 160,000.00
$ 148,846.64
$ 11,153.36
25 RFP INQUIRY FORM
(Must use this form to submit your questions)
Date: ------ - ---
From: (Name)
Company :

Email: Contact No:

In Response to the RFP for Citywide Interior and Exterior Potted Plant Maintenance Services
Submit questions to the Planetbids .com portal by 5:00 P.M., March 28, 2025 Question(s) :
26 RESPONSES TO SCOPE OF SERVICES
Proposers shall complete all forms and questionnaires as provided in this RFP. Failure to submit the required documents in the order provided below may render the proposal unacceptable and may not be considered for evaluation.

Proposal Package shall be bound in the following order:

1. Contents:

A. Proposal Form
B. Proposal Fee Sheet: Labor
C. Subcontractors Form
D. Questionnaire: Firm Information
• Attach the Organization Chart
E. Questionnaire: Firm Experience
F. Questionnaire: Firm Personnel
G. Questionnaire: Equipment
H. Submit a Quality Control Plan
I. Questionnaire: Support Facilities
J. Questionnaire: Company Financial Condition
K. Proposal Affidavit
L. Past Contract Disqualificationrrermination
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
27 PROPOSAL FORM
RFP Citywide Interior and Exterior Potted Plant Maintenance Services TO: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:

Authorized Representative:

Title:

Email Address:

Address:

City, State, and Zip Code:

Telephone:

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

Acknowledge and acceptance of the following addenda is hereby:

Addenda No. 1 _ ____ _ _ Initials: _ ________ _
Addenda No. 2 _______ Initials: ____ _____ _
Addenda No. 3 _______ initials: _________ _

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

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

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

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

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.
28 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
29 PROPOSAL FEE SHEET: LABOR
RFP Citywide Interior and Exterior Potted Plant Maintenance Services To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:

Authorized Representative:

Title:

Email Address:

Address:

City, State, and Zip Code:

Telephone:

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

By: Date:

Signature of Representative ------------
30 Service Rates
Weekly interior and exterior potted plant care services per Exhibit A - Scope of Services City Hall Monthly Rate $
Sea Country Senior and Community Monthly Rate $
Center
Crown Valley Community Center Monthly Rate$
Totals Monthly Rate$
As Needed Services (Extra Work)
New plants (seasonal and additions) upon request.

Unit price includes the wholesale cost of the plant, decorative pot, installation, and percentage markup.

A receipt for the wholesale purchase must be provided for payment.

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

Subcontracting: No portion of the work covered by these specifications can be subcontracted or assigned without prior approval of the City. Requests to subcontract all or any portion of services required by this contract will be submitted to the Public Works Director, or 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 : I City:

State: I Zip Code: I License No.:

Authorized Representative : Contact No.:

Email Address: DIR No.

Designated staff to perform the following function :

Subcontractor Company Name:

Address: I City:

State: j Zip Code: j License No.:

Authorized Representative : Contact No.:

Email Address: DIR No.

Designated staff to perform the following function :
32 QUESTIONNAIRE: FIRM INFORMATION

1. Legal Name and Address
Name:

Address:

City: State: Zip Code:

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

Name:

Title:

Contact No.:

Email:

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

4. If a corporation, state the following:

Date of Incorporation: _ __ _ State in which Incorporated: ______ _

5. Is the firm authorized to do business in California? □ Yes D No If yes, on what basis? D 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: ____ ___ _
33 10.Any former address or parent company? □ Yes □ No
Provide the locations of other offices, if applicable.

Location: --------------------------Location: --------------------------Location: ------ ---- ---- ------------ Provide the parent company, if applicable.

Company: _________________________ _
Location: --------------------------

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

PLEASE ATTACHED YOUR ORGANIZATION CHART TO THIS PAGE.
34 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 :
35 SERVICE 2
Owner Name:

Address :

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

The service was provided to (please check one):

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

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed :

SERVICE 3
Owner Name:

Address :

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

The service was provided to (please check one):

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

Contact Person: Title:

Email: Contact No:

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

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

This form may be duplicate if additional space is required.

Staff- President
Title:

Level of Education/Degree Obtained Years of Experience :

Provide the person's experiences :

Staff-Supervisor
Title:

Level of Education/Degree Obtained Years of Experience:

Provide the person's experiences :

Staff- Plant Care Specialist
Title:

Level of Education/Degree Obtained Years of Experience :

Provide the person's experiences:
37 QUESTIONNAIRE: EQUIPMENT
List the types of equipment, manufacturer, model # and number of each to be assigned to this contract.

Will all vehicles be uniform in color and with company name/logo? Answer: - ------- - ------ - -------- -
Note any equipment which will also be used on another contract.

PROVIDE PHOTOGRAPH OF EACH PIECE OF EQUIPMENT TO THIS
PAGE.

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

This should include:

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

2. Effective means of correcting any problems.

3. 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. 39 QUESTIONNAIRE: SUPPORT FACILITIES

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

Answer:

2. Provide address of main office.

Answer:

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

4. What telephone number is available for emergency response? Answer:
40 QUESTIONNAIRE: COMPANY FINANICAL CONDITION
ANSWER THE FOLLOWING QUESTIONS. FAILURE TO PROVIDE BACK UP TO A "YES" ANSWER MAY RESULT IN 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 principal(s) ever been debarred from providing any services by the Federal Government, any state government, or any local government agency within or without the State of California?
□ No □ Yes
Initials ___ If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.
41 PROPOSAL AFFIDAVIT
RFP Citywide Interior and Exterior Potted Plant Maintenance Services The undersigned Contractor hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required to provide these services as set forth in the Request for Proposal for performing the work.

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

Contractor understands the following:

1. Its Proposal is to provide 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.:
42 PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS
The Proposer is required to state any and all instances of being disqualified, removed, or otherwise prevented from proposing on or completing any contract for construction.

1. Have you ever been disqualified or terminated from any contract? □ No □ Yes

2. If yes, provide name and address of agency and explain the circumstances:

Agency Name: _____ _________ _ _______ _
Agency Address: ______________________ _
Explanation:

Additional paper may be used to complete if necessary.

Signature of Contractor
Print Name and Title

STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS
43 I and the insurance broker(s)/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 and Comprehensive Automobile Liability policies, documented by a written endorsement.

The policy must carry a 30-day cancellation clause is applicable to all coverage.

Waiver of Subrogation clause is applicable to all coverage.

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

Business Automobile Liability covering all owned, non-owned and hired vehicles with combined single limit for bodily injury and/or property 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 broad as that which is required by the State of California, with Statutory Limits. Contractor must also maintain Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease, as required by statutory insurance requirement of the State of California.

Date: By: --------------Signature of Representative

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code Amended by Stats. 1979, C.373, p1343, 44 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."
45 Did you sign and submit all the required forms?
Did you attach any relevant information related to the questionnaire? If not, the proposal may be rejected.
46 EXHIBIT A

INVENTORY

CITY HALL

LOCATION PLANT SIZE DESCRIPTION (BOTANICAL NAME) QTY/EA First Floor
12"/7' Dracaena massanqeana l
Police Services 12"/8' Dracaena warneckii I
Open Area 8'' Pothos I
6" Aqlonema l
6" Dracaena TCC l
Police Service
Lobby 8" Bromelaids l
Police Services 8" Pothos I
Office 6" Dracaena fragrans Janet Craig Dragon I
6" NB-Palm I
8" Bromelaids 2
Lobby 6" Bromelaids (triple arrangement) l
6" Bromelaids l
6" Aqlaonema 'Silver Bav' 1
Planning Lobby 6" Pothos 1
8" Zanzibar Gem 1
Conference 8" Zanzibar Gem 2
6" Pothos 3
6" Dracaena marginata 1
6" Aglonema I
Planning Area 6" Dracaena warneckii 1
6" Zanzibar Gem 1
10" Sansevieria ebracteata l
8" Sansevieria ebracteata l
Planning Hall 10" Sansevieria ebracteata 3
6" Beaucarnea recurvata l
6" Hoya carnosa 1
Cubicle's 6" NB-Palm 1
6" Zanzibar Gem l
6" Pothos l
8" Pothos 2
8" Pothos l
6" Pothos l
6' Dracaena fragrans Janet Craig Dragon 1
8" Dracaena fraqrans Janet Craig Draqon 1
6" Cordvline l
Office 6' Sanceviera trifasciata l
6" Aglaonema 'Silver Bay' l
6" NB-Palm 1
6" Hova carnosa l
6' Zanzibar Gem 1
12" Dracaena warneckii l
Hallways 10" Sansevieria ebracteata 2
12"/6' Dracaena Lisa Cane l
Conferece Room 6" Sanceviera trifasciata 1
8" Sansevieria ebracteata l
12"/8' Dracaena marqinata 1
12"/7' Dracaena fraqrans Janet Craia Draqon 2
Office 6" Pothos l
8" Pothos l
8' Bromeliad (triple arranqement) 2
6" Bromeliad 2
10" Sanceviera trifasciata 21
Lobby 6" Dracaena fragrans Janet Craig Draqon 2
8" Sansevieria ebracteata l
10' Dracaena marqinata l
12' Dracaena warneckii l

CITY HALL

LOCATION PLANT SIZE DESCRIPTION (BOTANICAL NAME) QTY/EA Second Floor
Front Desk 6" Aqlaonema 'Silver Bay' 1
8' Hoya carnosa 1
8" Aqlaonema 'Silver Bay' 1
8" Pothos 1
8' Beaucarnea recurvata 1
6" Pothos 1
8" Pothos 1
12" Dracaena fraqrans Janet Craig Draqon 1
6" Pothos 1
6'' Bromeliad 3
12" Dracaena fraqrans 1
6" Philodendron cordatum 3
6'' Dracaena warneckii 1
8" Sanseviera ebracteata 1
6" Zanibar Gem 1
6" NB-Palm 1
6" Pothos 2
10" Hoya carnosa 1
10" Aphelandra squarrosa 1
6" Zanibar Gem 1
Office / Cubicle 6" Pothos 1
6" Philodendron cordatum 1
12" Dracaena fragrans 1
6" Cordyline 1
6" Dracaena fraqrans Janet Craiq Draqon 1
6" Zanzibar Gem 1
12" Dracaena fragrans 1
12" Dracaena marqinata 1
6" Pothos 1
6" Aeschynathus radicans 1
6" Sanseviera ebracteata 4
6" CORDATUM 6
6" Pothos 1
12" Dracaena fragrans 1
6" Sanseviera ebracteata 3
6" Dracaena fraqrans Janet Craiq Draqon 2
6" Sanseviera ebracteata 1
6" Cordyline 1
6" Sanseviera ebracteata 4
6" Philidendron cordaturn 6
Open Area 12" Sanseviera Fernwood 3
10" Dracaena fragrans 1
Computer Room 6" Pothos 3
12" Dracaena fraqrans Janet Craiq Draqon 1
12" Dracaena warneckii 1
Office 12" Dracaena fraqrans Janet Craiq Dragon 1
6" Pothos 1
6" Hendera helix 1
Account Room 12" Dracaena fragrans 1
6" Hoya carnosa 1
Break Room 6' Ficus lyrata 2
Stairwell landing 12' Dracaena marqinata 1
10" Zanibar Gem 1

CROWN VALLEY COMMUNITY CENTER

LOCATION PLANT SIZE DESCRIPTION (BOTANICAL NAME) QTY/EA First Floor
Reception Desk 8" Bromelaid I
10" Sanceviera trifasciata 3
Lobby Area 8' Fiscus Lyrata 3
10" Algalonema 4
Aquatic Staff Offices 6" Aglaonema 'Silver Bay' 4
Facilities Offices 8" Aglaonema 'Silver Bay' 2
Second Floor
Reception Desk 8" Triple Bromeliad 1
Lobby Area 10" Sanseverian 3
6' Ficus lyrata 4
Small Classroom 6' Dracaena fragrans 2
Multi-Purpose Room 8" Zanibar Gem 4
Third Floor
8' Ficus lyrata 3
Lobby 10" Algalonema 4
12" /6' Dracaena warneckii I
6" Aglaonema 'Silver Bay' 6
Office Area 8" Pothos 1
6" Algalonema red 1
14"/7' Ficus lyrata 3
Break Room 12'/7' Dracaena Lisa Cane 2
Offices 8" Pothos 8
Conference Room 12'/6' Dracaena warneckii 1
Exterior
Second Floor Patio 5' Podocarous macroohvllus 36
2' Phomium tenax 24
Sea Country Senior and Community Center
LOCATION PL.ANT SIZE DESCRIPTION (BOTANICAL NAME) QTY/EA 8" Bromelaid I
Lobby 10" 3 Sanceviera trifasciata
8' Fiscus Lyrata 3
Office 10" Algalonema 4
6" Aglaonema 'Silver Bay' 4
8" Aglaonema 'Silver Bay' 2
8" Triple Bromeliad I
Library 10" Sanseverian 3
6' Ficus lyrata 4
6' Dracaena fragrans 2

EXHIBIT B

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

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 .___ _ ____ _ '--_____ _, ] [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.

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.

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.

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 correction(s) may be made by the City, and the cost thereof shall be charged to the Contractor.

7. Legal Responsibilities.

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

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

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

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

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

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

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

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

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

A. General Indemnity. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "lndemnitees"), 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 lndemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the lndemnitees as determined by court decision or by the agreement of the Parties.

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

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

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

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

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

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

13. Liability Insurance.

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

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

C. Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
2) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3) [Delete if the services do not require a professional license] Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 (a) per claim and (b) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement. 4) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1 ,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

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

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

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

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

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

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

J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

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

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

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

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

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

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

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

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

14. State Labor Code; Prevailing Wage Requirements.

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

B. Prevailing Wage. Contractor and all sub-contractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 177 4. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Laguna Niguel and are available for review upon request.

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

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

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

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

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

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 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

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

I. Apprentjces. 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.

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, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

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

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

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

17. Warranty.

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

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

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

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

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

18. Termination.

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

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

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

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

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

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

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

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, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

ATTEST:

Marissa J. Asistin
City Clerk

APPROVEDASTOFORMBYTHE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Scott C. Smith
City Attorney
"CITY"

CITY OF LAGUNA NIGUEL
By:--- -------­
Tamara S. Letourneau
City Manager
"CONTRACTOR"

COMPANY NAME
By: - ------- ---­Print Name: ---------Tit I e: ---- ------- By: --- --------­
Print Name: ---------Ti tie: -----------

EXHIBIT C

SAMPLE INSURANCE CERTIFICATE
Insurance is required by the awarded Contractor. For reference only, please review the insurance and endorsements on the next pages.

ACORD~ DATE (MM/DD/YYYY)
~ CERTIFICATE OF LIABILITY INSURANCE I DD/MMNYYY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

PRODUCER ~V'""~ J
Contact Name NAME:

Insurance company/broker's name PHONE Phone Number I
FAX
IA/C No Extl : IA/C Nol:

Business address E-MAIL
ADDRESS:

City , State, Zip Code INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : General Insurance Company Name Here NAIC#
INSURED lNSURERB : Auto Insurance Company Name Here NAIC# Contractor/Firm Name INSURERC : Worker's Compensation Company Name Here NAlvff Business address INSURERD:

City, State, Zip Code INSURERE :

INSURERF :

COVERAGES CERTIFICATE NUMBER:20-21 Master Liability REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'MTHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

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

INSR TYPE OF INSURANCE ADDL SUBR
,:~'il~, ,~g)-J%~1 LTR ,u~n ""'" POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000 , 000

A I CLAIMS-MADE W OCCUR
UI\MAGE TO RENTED
$
Insurance Policy Number PREMISES CEa occurrence) mm/dd/yyyy mm/dd/yyyy ,__ y y MED EXP (Any one person) $
,__ PERSONAL & ADV INJURY $
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000 , 000 Fl
□ PRO- OLoc POLICY JECT PRODUCTS - COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ,__ mm/dd/yyyy /Ea acddenll ANY AUTO Insurance Policy Number mm/dd/yyyy BODILY INJURY (Per person) $ B ,__
ALL OWNED - SCHEDULED y y
AUTOS AUTOS BODILY INJURY (Per accident) $ ,__ ,__
NON-OWNED iP~~~~J,;,,RAMAGE X HIRED AUTOS X AUTOS $ ,__ ...._ $

UMBRELLA LIAB
M
OCCUR EACH OCCURRENCE $
-
EXCESS UAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION $ $
'WORKERS COMPENSATION I
PER
I I
OTH-

AND EMPLOYERS' LIABILITY X STATUTE ER
Y/N

C ANY PROPRIETOR/PARTNER/EXECUTIVE
□
y Insurance Policy Number mm/dd/yyyy mm/dd/yyyy E.l. EACH ACCIDENT $ 1 , 000,000 OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E,L. DISEASE - POLICY LIMIT $ l 000 000 Each claim
Each Occurrence
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schodule, may be attached If more spaco Is requlrod) The City of Laguna Niguel and its Council members , officers, officials , employees, agents, and volunteers are named as additional insureds on the general and auto liability coverage per endorsement form# type the policy number and policy number Primary and Non Contributory, Waiver of subrogation applies on Worker's Compensation coverage per endorsement form# enter policy number. *10 Day Notice due to non- payment of premium and 30 Days cancellation notice applies to general, auto and workers compensation.

I Please note, the written endorsements (policy forms) must be provided to this certificate. I

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Laguna Niguel THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Attn: Risk Management
30111 Crown Valley Parkway AUTHORIZED REPRESENTATIVE
Laguna Niguel, CA 92677 MUST BE SIGNED.

I
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)
INS025 (201401)
The ACORD name and logo are registered marks of ACORD
Contractual Risk Transfer Appendix D - Sample Forms [93] Common additional insured endorsements
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement mcx:lifies insurance provided under the following:

COMMERCIAL GENERA.L LIABILITY COVERAGE PART

SCHEDULF
Information re.Quired to com lete this __ , ,edule. 1f not shown above. will IJe shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) sho,.m in the Schedule, but only
with respect to liability for "bodily injury'', "property damage" or "personal and advertising injury''
caused, in whole or in part. IJy:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the perfom1ance of your ongoing operations for
the additional insured{s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted IJy
law; and

2. If coverage provided to the additional insured is
reQUired by a contract or agreement, the
insurance afforded to such additional insured
will not be IJroader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. Vl,'lth respect to the insurance afforded to these
additional insureds. the following additional
exclusions apply:

This insu ranee does not apply to "bodily injury" or
"property damage" occurring after:

1. All wor1c:, including materials, parts or
equipment furnished in connection with such
w0!1c. on the project (other than service.
maintenance or repairs) to be performed by or
on IJehalf of the additional insured(s) at the
location of the covered operations has l>een
completed; or

2. That portion of "your worn" out of which the
injury or damage arises has IJeen put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project
CG 2010 0413 © Insurance Services Office, Inc .. 2012 Page 1 of2 1!31 CALIFORNIA
--J·P·I•A
Contractual Risk Transfer

POLICY NUMBER
Appendix D- Sample Forms [94]

COMMERCIAL GENERAL LIABILITY
CG 2011 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - MANAGERS OR

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
- . -- -------~ Designation Of Premises (Part Leased To You):

Name Of Person(s) Or Organization(s) (Additional lnsp·
Additional Premium: $
lnfom,ation reouired to comolete this SehE!<lule, If ot shown above. will !)e shown in the Declarations.

A. Section fl - Who Is An Insured is amenoed to
include as an additional insured the person(s) or
organization(s} shown in the Sehedule, but only
with respect to liability arising out of the
m•mership, maintenance or use of that part of the
premises leased to you and shown in the
Schedule and su!)ject to the following additional
exclusions:

This insurance does not apply' to:

1. ,4.ny "occurrence" ·which takes place after you
cease to be a tenant in that premises.

2. Structural alterations, new construction or
demolition operations performed by or oo
behalf of the person(s} or organization{s}
shown in the Schedule.

However:

1. The insurance afforded to sucl1 additional
insured only applies to the extent permitted
by law: and

2. If coverage provided to the additional insured
is required by a contract or agreemen~ the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds. the following is added to
Section Ill - Limits Of Insurance:

If coverage pmvided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of tl1e additional insured is the
amount of insurance:

1. Required lly the contract or agreement or

2. Available under the applicable Limits of
Insurance s.hO'Nn in the Declarations;
whichever is less.

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

CG 20 11 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 ~ CALIFORNIA
.. J • P ·I• A
Contractual Risk Transfer
POLICY NUMBER:

Appendix D - Sample Forms [95]

COMMERCIAL GENERAL LIABILITY
CG 2012 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

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

COMMERCIAL GENER.A.L LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Po· 1.1c.. ~UL .1sion:
lnfom1ation required to comolete this Sdledu1• • if not sho'Ml above . will be shown in the Declarations .

A. Section II - Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization .

However:
a. Toe insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

2. Tois insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arisjng out
of opera tions performed for the federal
government, state or municipalfy, or
b. "Bodily injury" or ··property damage"
included within the "products-completed
operations hazard".

B. Wrth respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available und€r the applicable Limits of
Insurance shown in the Declarations;
whichever is less .

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

CG 2012 0413 © lnsuranc€ Servic€S Office, Inc., 2012 Page 1 of 1 ~ CALIFORNIA
--J·P·I·A
Contractual Risk Transfer
POU CY NUMBER:

Appendix D - Sample Forms [96]

COMMERCIAL GENERAL LIABILITY
CG 20 13 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE

OR GOVERNMENTAL AGENCY OR SUBDIVISION

OR POLITICAL SUBDIVISION - PERMITS

OR AUTHORIZATIONS RELATING TO PREMISES
This endorsemen: modifies insur3nce provded ur,der :he follo·,,ing:

COMM:RCI.Al. GENERAL LIABILITY COVERA.GE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Politic.- •bd, ',;i,- • lnfom,atk:>n require':! to oomplete ,.his Schedule, if :;t shewn abov-e. will b<e sr,own in the O,;,c!.arations.

A . Section II - Who Is An Insured is .,;mend-ed to
include as an addrticnal insured any sta,e or
govemm-ent31 agency or subdi,•isicn or political
subdivision shown in ~he Schedule, subJect to the
f~ lowing additiona ! prov1s ion :

This insu ra nc,;, applies only ·,vith r-es p-:ct to th-:
fo!lcwing hazards fer which :he s:at-e or
go·,emmental agen-::y or subdivision or political
s,.ibdivisicn has issued a permit or ai..thor.za:ion in connection wir.h premises you 0•1.m. ren: or control
and to whic,h this insurance applies:

1. The existence, maintenan,~e. repair .
construction. erection or removal of ad\•erJsing
signs. avmings . canopies, c,;,llar entrances.
coal holes . driveway-s, manholes. marqw~s.
hoist away opening:. sidewalk vaults, str~t
banners or decorations and similar exposures:
or
2_ The ccnstri..Jction. ere-ctior, or remo'lal of
eleva:ors; or
3_ The o·wnership . maintenan,~ or use o~ ar,y
ele-va:ors covered b;• this insurance.

Howe'.'er.

1. The insura,,ce afforded to sud1 .,;ddr.iona l
insured only app!ie: :o the ex:em p-ennit:e-:1 by
law. and

2. If coverage provided to the additional insured is
required by a contra-~ c, a:greement, the
insurance affcrded to such addition.a l insured
will not be broader :han that which you are
required by '!he comrac: or ag r~mem ,o
prcvide for such additior,a! insured.

B. l,','ith respect :o the insurance afforded to these
add ition.:11 insure-:ls. the follc ·,ving is added ,o
Section Ill - Limits Of Insurance :

If cover.,;ge pro-.•ided to the .addrfonal ir,sure-d is required by a c:mtract or agreement. :he mos: we
will pay on behal ~ of the additional insured is the
a.mour,t of insuran,~:

1. Required b1• the =ntr.;,ct or agree men: ; or

2. Available un:ler the appl icable Lirr.io:s of
insurance- shown in ;he Declarations;
whichever is less .

This endorsemem shall no:
app-licable Limits of Insurance
De-clarations .
increase the
shown in the
CG 20 13 0.413 ,:s, Insurance 5e;vices Office . Inc .. 20; 2 Page 1 of 1 II

CALIFORNIA
J • P • I • A
Contractual Risk Transfer
POLICY NUMBER:

Appendix D - Sample Forms [97]

COMMERCIAL GENERAL LIABILITY
CG20260413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s) :
lnfom1ation reauired to com lete ttlis Schedule. if not sMwn above. will be shown in the Declarations.

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

1. In the performance of your ongoing operations;
or

2. In connection v.~th your premises owned l)y or
rented to yoo.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted tJy
law: and

2. If coverage provided to the additional insured is
required by a contract or agreement the
insurance afforded to such additional insured
will not be l)roader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. 'vVith respect to the insurance afforded to these
additional insureds, tile follo~ng is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on l:lehalf of the additional insured is the
amount of insurance:

1. Required l)y the contract Of agreement or

2. Available under the applicable Limits of
Insurance shovm in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable limits of lnsurance sha.-m in the
Declarations.

CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 ~ CALIFORNIA
--J·P·l·A

ATTACHMENT B
Proposals Evaluation Summary
RFP Name:

RFP Issue Date:

RFP - Interior and Exterior Potted Plant Maintenance Services February 28, 2025
RFP Due Date: March 28, 2025
No. of Bidders: 3
Proposals Evaluation Summary
Firm Name Evaluation Evaluation Monthly Service Rate /
Average Ranking Hourly Service Rate
Instant Jungle LLC 98 1 $950 /$ 55
California Interior Plants, Inc. 92 2 $950 I $65
Mariposa Landscape, Inc. 60 3 $2044 / $50

ATTACHMENT C
Maintenance Services Agreement with
Instant Jungle LLC

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE INTERIOR AND EXTERIOR POTTED PLANT MAINTENANCE 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 Instant Jungle LLC, a California Limited Liability Company, hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties".

A. The City requires Citywide Interior and Exterior Potted Plant Maintenance Services.

B. The City circulated a Request for Proposals on February 28, 2025 to solicit competitive proposals from contractors to complete these services.

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

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

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

AGREEMENT:

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

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 (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.
-1-

3. Term. The Contractor shall commence providing the required services on July 1, 2025, and this Agreement shall continue in full force and effect until June 30, 2028 subject to termination as provided in Section 18, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended by the City for two, one-year terms if the Contractor's performance is satisfactory and it is in the interest of the City.

4. Payment.

A. Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services at the rates and in the manner set forth in Exhibit "B" (Schedule of Compensation) for a total base compensation not-to-exceed Twenty-Five Thousand Dollars ($25,000) annually for each fiscal year.

This Agreement also includes a twenty percent (20%) contingency in an amount not-to­ exceed Five Thousand Dollars ($5,000) 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 exceed Thirty Thousand Dollars ($30,000) per fiscal year over the term of the Agreement.

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.

8. 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 -2-
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 correction(s) may be made by the City, and the cost thereof shall be charged to the Contractor.

7. Legal Responsibilities.

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

B. The City and its Council members, officers, employees, agents, representatives and consultants are not responsible or liable for any claims, losses or damages that may arise from injury to any person, including employees of Contractor or 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 -3-
disposed of by Contractor without the prior written consent of City.

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

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

Contractor shall be responsible for and pay all taxes and other payments for Contractor and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
11 . Administration. This Agreement will be administered by the Public Works Department. The Director of Public Works or his or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement.

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

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

A. General Indemnity. Contractor agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an "lndemnitee" and collectively, "lndemnitees") 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 or injuries to persons or property, demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (each an "lndemnitor" and collectively, "lndemnitors") in connection with the performance of Contractor's Services, or arising from lndemnitors' reckless or willful misconduct, or arising from lndemnitors' negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein "Claims or Liabilities"), 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 lndemnitees will reimburse and pay for all costs and expenses, including legal costs and -4-
attorneys' fees, incurred by lndemnitees in connection therewith; and, 2) Contractor will promptly pay and satisfy any judgment, award or decree rendered against lndemnitees, and reimburse lndemnitees for the cost of any settlement paid by lndemnitees, for any such Claims or Liabilities, and will save and hold lndemnitees harmless therefrom.

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

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

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

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

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

13. Liability Insurance.

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

B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional 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 -5-
contribute to any judgment rendered against the City or any settlement entered into by the City.

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

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

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

F. Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. -6-
G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

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

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

J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

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

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

N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each -7-
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.

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

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

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

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

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

14. State Labor Code; Prevailing Wage Requirements.

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

B. Prevailing Wage. Contractor and all sub-contractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division -8-
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 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 177 4 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

H. Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (2) certify and make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records. The Contractor and each sub-contractor shall furnish the records -9-
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.

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 -10-
all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

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

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

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

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

16. Intentionally Omitted.
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17. Warranty.

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

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

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

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

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

18. Termination.

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

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination as specified in the Notice of -12-
Termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.

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

Attn: Shawn Hallam
Address: 1700N. Batavia Street
City, State, Zip Code: Orange, CA 92865

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. -13-

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

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

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

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, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
-14-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

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
"CITY"

CITY OF LAGUNA NIGUEL
By: _________ _
Tamara S. Letourneau
City Manager
"CONTRACTOR"

INSTANT JUNGLE LLC
By: ----- ----- --
Print Name: ---------Tit I e: --- --------
By: ----- - -----­
Print Name: - - ----- --Tit I e: __________ _
-15-
EXHIBIT "A"

SCOPE OF SERVICES
A-1

EXHIBIT A - SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel is seeking an experienced firm/company to provide Citywide interior and exterior potted plant services. The selected contractor will ensure the plants' health, appearance, and vitality, contributing to an aesthetically pleasing and welcoming environment for employees, residents, and visitors.

This scope of services encompasses all aspects of plant care, including but not limited to routine watering, pruning, fertilization, pest control, cleaning, and plant replacement as necessary. Services will be performed regularly, with additional visits as needed to address emergencies or specific requirements.

The contractor will maintain potted plants in various locations, such as office spaces, lobbies, courtyards, and other public areas, ensuring consistent care regardless of seasonal or environmental changes.

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

QUALIFICATION
The contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements . The following minimum qualifications are desired:
• Minimum of ten (10) full years of experience similar work • Work experience with Cities, Counties, and local government agencies • Contract services amount to greater than $50,000 annually

SERVICES TO BE PROVIDED AT THE FOLLOWING LOCATIONS
City Hall
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Crown Valley Community Center
29571 Crown Valley Parkway
Laguna Niguel, CA 92677
Sea Country Senior and Community Center
24602 Aliso Creek Road
Laguna Niguel, CA 92677
12 MAINTENANCE SERVICES

1. Plant Care
• Remove weeds from planters.
• Remove and dispose of trash and debris from planters. • Remove broken and damaged plant material.
• Trim plant material to preserve the natural form and flowering. • Inspect soil moisture levels and apply water appropriately. • Clean all plant foliage and plant containers.
• Apply fertilizer as required for optimal plant health. • Maintain proper growing median. Add and replace when necessary.

2. Plant Replacement
• Replace dead or severely damaged plants promptly with comparable species and sizes to maintain the aesthetic standard. Ensure replacements align with the existing design scheme.

3. Pest Management Plan
• Develop and implement a pest management plan that uses Integrated Pest Management (1PM) techniques to minimize chemical use and prioritize environmentally friendly treatments.

4. Seasonal Adjustments
• Adjust care schedules and practices to account for seasonal changes in light, temperature, and humidity that impact plant health.

5. Emergency Services
• Provide on-call services for urgent issues, such as plant damage due to facility activities or unexpected infestations.

6. Inventory Management
• Maintain an up-to-date inventory of all plants, including their species, locations, and care requirements, and provide periodic updates to the City.

7. Decorative Displays
• Assist with designing, installing, and maintaining temporary seasonal or thematic displays.

8. Water Management
• Inspect and maintain self-watering containers, reservoirs, or irrigation systems where applicable.
13 9. Monthly Reporting
• Submit a monthly report detailing completed tasks, plant conditions, issues addressed, and any recommendations for improvements or replacements.

10. Waste Management
• Ensure environmentally responsible disposal of plant debris, soil, and other waste materials.

11. Plant Placement Review
• Periodically review plant placements to ensure they are optimal for health and aesthetics, considering lighting or space usage changes.

PERFORMANCE STANDARDS
Foliage Plant Standards

1. All plants shall be maintained to be symmetrical, healthy, vigorous, well­ branched, and densely foliated. All foliage shall be free from disease, insect pests, eggs, or larvae and have healthy, well-developed root systems. Plants shall be free from physical damage or adverse conditions preventing the plant from thriving.

2. Plants shall be true to species and variety and shall conform to the minimum height, width, and pot size ratios based on the current plant inventory

3. The contractor may suggest plants larger than specified, but they shall not be used unless approved by the City Representative

4. Plants shall be measured when branches are in their normal position. Height and spread dimensions refer to the main body of the plant and not from branch tip to branch tip. Measurements specified are the minimally acceptable size and shall be the measurements after pruning (where pruning is required).

5. Plants that meet the specified measurement but do not possess a normal balance between height and spread will be rejected. No plant that requires permanent staking to remain upright will be accepted.

Damages. The Contractor shall be responsible for correcting or replacing damaged plant­ related furnishings and plants not in sound horticultural health. This includes plants that are damaged, die, or lose their original form due to natural causes, negligence, or improper maintenance by the Contractor. Such plants shall be replaced in equal kind and size at no expense to the City. The Contractor shall not be held responsible for replacing plant materials damaged or killed due to vandalism or extreme environmental conditions beyond the Contractor's control.

Material Safety Data Sheets (SOS). The company shall provide Safety Data Sheets (SOS) to the City Representative for any and all chemicals applied to the plants. The company shall ensure that all staff members providing chemical services shall be 14 properly licensed in the State of California to provide such services. Proof of meeting this requirement shall be made available to the City Representative upon request.

Pest and Disease Control. Each scheduled maintenance visit must include inspect for soil and foliar insect pests, diseases, and other infestations. It is imperative to act and treat before any sign of damage. All plants should be treated appropriately following Integrated Pest Management (1PM) to prevent disease and pest outbreaks. A City representative must approve all pesticide applications.

Watering. The Contractor shall inspect soil moisture levels and replenish as necessary to meet the plants' requirements. All water spills must be cleaned up immediately to prevent safety issues. The Contractor shall provide any equipment or apparatus needed to apply the correct amount of water to interior plants properly.

AS NEED SERVICES (EXTRA WORK)

1. Seasonal and/or Special Events Decorations. Upon the request of the City Representative, the Contractor shall furnish and install plants to enhance seasonal or special decorations, including but not limited to live plants and potted trees.

1. New Plants and Pots. Work with the City Representative to select new plants and planters for offices and/or shared interior space as needed. Recommend plants that are suitable for current lighting and space. Any new design plant material or additional plant material requested shall be charged separately from regular plant replacement requirements covered under plant warranties. The Contractor shall provide a price quote for the proposed plant replacement at the time of the request. This requirement shall be considered optional and discretionary, with the understanding that some of the funds for this line item may not be expended. City Representative shall approve any new plant selections charged against this line item.

CONTRACT TERM

INITIAL YEARS OF SERVICE
This contract shall be for a period of three (3) years* from the date of the award, subject to renewal by two (2) additional one-year periods. Based upon the 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 a contract extension. The total term of the contract shall not exceed five (5) years.

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 fully comply with all of the performance standards as established by this Contract.
15 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.

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

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

CHANGES IN CONTRACT SPECIFICATIONS
The City may change the areas or inventory to be maintained. Any and all such changes 16 shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Due to difficulties with the acceptance time frame, it will not always be possible to have the actual change order sent 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.

Implementing these changes:

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

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

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

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

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

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

EQUIPMENT, MATERIALS AND VEHICLES

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

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

VEHICLES LOGO
Contractor shall display the name of 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 17 owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.

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

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

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

LABOR

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

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 fotlows:

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

The Contractor will permit access to its records by the Fair Employment Practices Commission for investigation of compliance with Fair Employment Practices. That should investigation determine that the Contractor has not complied with the Fair Employment Practices, then pursuant to Sections 1735 and 1775 of the Labor Code, the Contractor shall forfeit to the City one hundred Dollars ($100.00) for each calendar day or portion thereof, for each person so denied employment as a result of non-compliance. 18 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) the schedule of work, (2) complaints, and (3) the 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 Parks and Landscape Maintenance Superintendent, shall be discharged immediately and not re-employed on the work.

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

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

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

BACKUP STAFF
The Contractor shall provide enough backup staff to cover absenteeism or extend existing workforce hours to compensate for absent staff. The backup staff shall adhere to the 19 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. 20 RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS

NOT REQUIRED

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

INSURANCE
The Contractor shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property, which may arise from or 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 the Contractor allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor has been obtained.

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

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

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

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

PROTECTION AND RESTORATION
The Contractor shall protect all furnishings and improvements from damage by its operations. All damage occurring during the Contractor's operations shall be repaired or replaced, at the option of the City at the Contractor's expense within a reasonable time 21 after notification of such damage. Repairs and/or replacements shall be equal to the original in all aspects.

UNIFORMS AND APPEARANCE
All Contractor's personnel shall be required to wear uniforms bearing the company name while performing work under the contract. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. The uniform shall consist of a shirt and jacket with the company name. Safety vests shall not be considered 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 and city-leased property with City access and egress agreements. The Contractor shall not enter any adjacent property to conduct any operations required under this contract unless 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 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.
22 GENERAL ENVIRONMENTAL REQUIREMENTS

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

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

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

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

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

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

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

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

INCIDENTAL WORK

AUTHORIZATION
Any incidental work related to tree trimming 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.
23 No work shall commence without the written authorization of a City Inspector or the Landscape and Park 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 the work and estimate, the Contractor shall do one of the following:
• 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 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 shall summarize all completed work during that job/month.

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

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

A. Invoice number
B. Facility name, month of services, and any additional work C. Contract Amount, Total Billed to Date, Remaining Balance D. Signed proposal(s) for any extra work
Example:
24 Total Contract Amount
Total Billed to Date
Remaining Balance
$ 160,000 .00
$ 148,846 .64
$ 11,153.36
25 EXHIBIT "B"

SCHEDULE OF COMPENSATION
8-1
Service Rates
Weekly interior and exterior potted plant care services per Exhibit A - Scope of Services City Hall Monthly Rate $ 365
Sea Country Senior and Community Monthly Rate$ 425
Center
Crown Valley Community Center Monthly Rate $ 160
Totals Monthly Rate $ 950
As Needed Services (Extra Work)
New plants (seasonal and additions) upon request.

Unit price includes the wholesale cost of the plant, decorative pot, installation, and percentage markup.

A receipt for the wholesale purchase must be provided for payment.

Materials Percentage Markup 15%
Hourly Labor Rate $55
31