20251202_7_Citywide Street Striping — Laguna Niguel City Council, December 2, 2025

To:

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: December 2, 2025
SUBJECT: Award of Maintenance Services Agreement for Citywide Street Striping to J & S Striping Company, Inc.

RECOMMENDATION
Staff recommends that the City Council:

1. Award a Maintenance Services Agreement for Citywide Street Striping to J & S Striping Company, Inc. in the amount of $317,125 for Fiscal Year 2025-26, $326,637 for Fiscal Year 2026-27 and $336,436 for Fiscal Year 2027-28, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency in the amount of $63,425 for Fiscal Year 2025-26, $65,328 for Fiscal Year 2026-27 and $67,288 for Fiscal Year 2027- 28 for unforeseen conditions or additional work and authorize the Public Works Director/City Engineer to approve additional work with J & S Striping Company, Inc. for a total not-to-exceed amount of $380,550 for Fiscal Year 2025-26, $391,965 for Fiscal Year 2026-27 and $403,724 for Fiscal Year 2027-28; and,

3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with J & S Striping Company, Inc., subject to the City Attorney making non-substantive changes.

BACKGROUND
The City of Laguna Niguel owns and maintains a network of streets spanning 141 miles, which includes a combination of arterial, collector, and residential streets. To facilitate safe travel on City streets, a variety of pavement markings, including lane line striping, crosswalks, speed and directional legends, and reflective pavement markers are applied to the roadway surface to provide visual guidance for drivers, bicyclists, and pedestrians.

Over time, environmental factors such as sunlight, rainfall, vehicle wear, and street sweeping can cause pavement markings to fade or lose reflectivity, thereby diminishing effectiveness. Regular maintenance and reapplication of the paint help ensure the pavement markings remain clear and visible, especially at night or during poor weather

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conditions. As a best practice, re-painting of pavement markings should occur approximately every three years, depending on roadway type, use characteristics and environmental factors . As-needed striping services are also necessary to allow the City to have access to expert services that are efficient, responsive and available to make localized repairs and help deliver roadway improvements to the community, like active transportation improvements and roadway safety updates.

Contracted services play a critical role in supporting the City's ability to effectively deliver community improvements, carry out routine and emergency maintenance activities, and manage ongoing Public Works operations. Historically, the City's streets maintenance contractor, MCE Corp., provided these services through qualified subcontractors.

However, to improve oversight of the work and ensure the most competitive pricing, staff issued a Request for Proposals (RFP) for Citywide Street Striping services. In support of Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan, the Public Works Department relies on contract services to maintain the City's roadway infrastructure.

ANALYSIS
On July 23, 2025, staff issued an RFP, shown as Attachment "A", to identify the most qualified contractors to provide Citywide Street Striping. The purpose of the RFP was to award a qualified contractor to perform annual street striping and pavement marking services and respond to as-needed requests quickly and efficiently.

The scope of services in the RFP for Citywide Street Striping includes the painting of lane line striping and legends throughout the City. The RFP also established three geographic zones representing approximately one-third of the City, as shown in Attachment "B", whereby the contractor would be required to complete one zone each fiscal year, starting with zone 1. The RFP required all contractors to provide all necessary administration, labor, tools, materials, and equipment required to perform the annual services and any additional or as-needed services.

In response to the RFP, three 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 & Experience; (4) Quality of Goods and Support Facilities; and (5) Proposer's Financial Stability. The Proposals Evaluation Summary can be found in Attachment "C". The table below displays the evaluation ranking, contractor names, and total cost for the annual street striping and pavement marking services.

Ranking I Contractor Name I Total Cost
1 J & S Striping Company, Inc. (Recommended) $980,198
2 Interstate Striping, Inc. $1,534,578
3 Superior Pavement Markings, LLC. $1,860,337
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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 J & S Striping Company, Inc. represents the best overall value to provide the Citywide annual street striping and pavement marking services.

J & S Striping Company, Inc. is a commercial striping company with a regional presence and has an extensive client list that illustrates their commitment to providing high quality street striping and pavement marking services. They have over 40 years of experience in the industry and have provided similar services to the City of Chino, City of Yorba Linda, and City of Tustin. References confirmed that this contractor has met and exceeded expectations.

Staff recommends that the City Council award a Maintenance Services Agreement to J & S Striping Company, Inc. in the not-to-exceed amount of $317,125 for Fiscal Year 2025- 26, $326,637 for Fiscal Year 2026-27 and $336,436 for Fiscal Year 2027-28, subject to extension administratively for two additional one-year periods. In addition, the Agreement with J & S Striping Company, Inc. will include a not-to-exceed 20% contingency of the total contract in the amount of $63,425 for Fiscal Year 2025-26, $65,328 for Fiscal Year 2026-27 and $67,288 for Fiscal Year 2027-28 for unforeseen conditions or additional work for a total not-to-exceed amount of $380,550 for Fiscal Year 2025-26, $391,965 for Fiscal Year 2026-27 and $403,724 for Fiscal Year 2027-28. The Maintenance Services Agreement with J & S Striping Company, Inc. can be found as Attachment "D".

ALTERNATIVES CONSIDERED

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

2. The City Council may decide not to award a Maintenance Services Agreement to J & S Striping Company, Inc. for Citywide Street Striping . This alternative is not recommended because the City would be without a street striping and pavement markings contractor and as a result, current conditions would likely deteriorate.

FISCAL REVIEW
The adopted Fiscal Years 2025-27 Public Works Department operating budget includes sufficient funds for Citywide Street Striping services.

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

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CONCLUSION
Staff recommends that the City Council:

Tamara
City Manager
S. Letourneau
~
Kevin Tobin
Maintenance Services Manager
Attachments:

A. RFP for Citywide Street Striping
z
treets Maintenance Superintendent
B. Street Striping and Pavement Markings Geographical Zones Map C. Proposals Evaluation Summary
D. Maintenance Services Agreement with J & S Striping Company, Inc.

ATTACHMENT A
RFP for Citywide Street Striping

CITY OF LAGUNA NIGUEL

REQUEST FOR PROPOSALS

FOR CITYWIDE STREET STRIPING
Proposals must be received by:

Due Date: September 5, 2025
At 2:00 P.M.

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Table of Contents
INSTRUCTIONS TO PROPOSERS .. ........ ....... ............ ... .... ... .. ...................... .. ................ 6 SPECIFICATIONS ........................... .... ..................... ... ............................................... ... 13 INTRODUCTION .. .. ..... ... ................ ............. .... ... ................... ......... ......................... 13 QUALIFICATION ..................................................................................................... 13 DESCRIPTION OF SERVICES ........ ........ ... .... ...... ........... ...... .... ... .. .. ............................. 13 GENERAL DESCRIPTION ............ ...... .. ......... ........ .. .............................................. 13 SCOPE OF WORK ...... .... .... ........ ...................................................................... .... . 13 WORKING DAY/HOURS ............................................................................... ... ...... 14 SCHEDULE ... ... .................................................................... ................ ....... ...... ..... 14 SPECIFICATIONS .. ................ .... ........ ........... ....... ........... ... .......... ........ ... ... ............. 14 EXTRA/EMERGENCY WORK ... ............ ................. ........ ... .... .. ............... ................ 14 TRAFFIC CONTROL ............................................................................................... 15 UNSATISFACTORY WORK ......... ......... .. ................... ... .. ....................................... 15 PERMITS AND LICENSES .. ........... .. ............... ....................................................... 15 PATENTS .............................................................................................................. .. 16 DAMAGES ......................................... .. .. ................................. ................................ 16 COORDINATION .. .. .. ..... .... ... ....... .. .. ...... .. .. ............. ........ .. ...................................... 16 COMPENSATION ....................... ................................... ....................... ......................... 16 PAYMENT ........................................................................................................ .. ..... 16 INVOICING .......... ................ .. .......................... ... .................................................... 16 WARRANTY ...... ... .... .... .... .. ...... .... .. ...... ...... ........... .......... ............ ................................... 17 CONTRACT TERM .......................................... .... .. .................. ......... .... ......... ............ .... 17 CONTRACT DURATION ............ .................... ... .................... ...................... ........... 17 COST ADJUSTMENT .. .................................... .............................. ... ... .. ..... ............ 17 NINETY CALENDAR DAYS EXTENSION OPTION ................................ .. ............. 18 REDUCTION ................. .......................... .......................................................... ...... 18 CHANGES TO CONTRACT. ........ ....................... ..... .............. .. ....................... .. ..... . 18 CHANGES IN CONTRACT SPECIFICATIONS ...................................................... 18 EQUIPMENT AND MATERIAL ....... ........... ........ .............. ..... ................. ... .. ... .......... ...... 19 EQUIPMENT ..... ...... ....... .............. ........................................................................... 19 EQUIPMENT LOGO ................................................................................ .. ... ... ....... 19 EQUIPMENT NOISE .............................. ............................ ... .. .. .............................. 19 MATERIAL .................... ... ....... ........... ..................................................................... 19 TRAFFIC PAINT ... ......... ... ... .................. ..... ... .. ............... ............. ........................ ... 19 BEADS ................................................................. ................................... ......... .... ... 19 PAINT REMOVAL .... ............... ... ........................ ........ ...................... ............. ... ... .... 19 STENCILS ................. ............................................. ........................... ............. .. ...... 20 LABOR ..... ........ .. .... .. ....... ... ... .............. .. ................. ... ..... ................ ... ............................. 20 LABOR CODE ......... .................... .. ...... ............... ...................... .... .. ... ...... ... .. ........... 20 City of Laguna Niguel - Public Works Department

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PREVAILING WAGE ............. .... ....................................................................... .. ..... 20 TRAVEL AND SUBSISTENCE PAYMENTS ................................... ........................ 20 WORKER'S COMPENSATION ............................................................................... 21 FAIR EMPLOYEMENT PRACTICES .. ............. ............ .... .. ... .. .. .. ............................ 21 RECORDS ............................ ... ... ...... ......... .......... ........ ....................... ...... .. ............ 21 LABOR STRIKE ........................ ............................ ........... .. ....... .......... .. ........... .... ... 21 PERSONNEL ......................... .. .......... .................. ......................................... ................. 21 SUPERVISOR ....................................... .. ............... ...................... ... .............. ..... ..... 21 GENERAL EMPLOYEE GUIDELINES .................................................... ....... ......... 22 BACKGROUND ............................................................... ....................................... 22 CONDUCT .................................................................... ... ....................................... 22 HEALTH ................... ............... ................................................................................ 22 NON-DISCRIMINATION ........ ... ... ......... ........................................... ....................... 22 RESPONSIBILITIES OF THE CONTRACTOR ............................................... .. ............. 22 LICENSES/PERMITS ......... ........................................... ...................................... .. . 22 REPORTING REQUIREMENTS ................................................. ................. ......... .. 22 CONTRACTOR'S OFFICE/FACILITIES ............................................... ... ................ 23 INSURANCE ... .................... .. ............................ .. .. .................................................. 23 SAFETY .. .. .. .................................................. .. .... ...... ................ .. ..... ..... .. ................ 24 PROTECTION AND RESTORATION ..................................................................... 24 UNIFORMS AND APPEARANCE ................................ .............. ............ ...... .. ......... 24 WORKSITE LIMITS .................... ......... ............................................... .. ... .. ............. 24 PROSECUTION OF THE WORK .................................... .. ......... .................................... 24 SUBCONTRACTS .................... ................................. .. ....... .................................... 24 ASSIGNMENT ........................................................................................................ 25 GENERAL ENVIRONMENTAL REQUIREMENTS .......................................... ............... 25 SOUND CONTROL ............................................................................... .... .............. 25 AIR POLLUTION .... .............. ...... ....................... .. ....... ......... ......... .. ....................... .. 25 WATER CONSERVATION ............................................................ ....... .................. 26 WATER POLLUTION ... ... .. .......................... .. .. .......................... .............................. 26 Appendix A - City Map ... ........................... .. ......... ............................ ............... ........... .... 27 RFP INQUIRY FORM ............ ..... ... .. .... ..................................... .... .......................... ........ 28 EXHIBIT A- RESPONSES TO SCOPE OF SERVICES .. .. .. ..... .. .............. ...... .. .... ........ 29 PROPOSAL FORM ................................................................................................. 30 PROPOSAL FEE SHEET ................................... .................................................... 32 SUBCONTRACTORS ... .. ...... ... .................... ... ........................................................ 35 QUESTIONNAIRE: FIRM INFORMATION ................. .. ................ ................. .. ........ 36 QUESTIONNAIRE: FIRM EXPERIENCE ....................... .. ... .. .................................. 38 QUESTIONNAIRE: FIRM PERSONNEL ................................... ..... .. .... ................ .. . 40 QUALITY CONTROL PLAN ... ... ................. ... ...... .. .................... ... ........................... 41 QUESTIONNAIRE: SUPPORT FACILITIES ........................................... ................ 42 City of Laguna Niguel - Public Works Department

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QUESTIONAIRE: COMPANY FINANICAL CONDITION ........................................ 43 PROPOSAL AFFIDAVIT ......................................................................................... 44 PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS ................................. 45 STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS ................. 46 WORKERS' COMPENSATION INSURANCE CERTIFICATE ................................ 47 PAYMENT BOND (LABOR AND MATERIALS) ...................................................... 48 EXHIBIT B - SCHEDULE OF COMPENSATION .......................................................... 53 EXHIBIT C - SAMPLE SERVICE AGREEMENT. .................................................. 52 EXHIBIT D - STREET STRIPING INVENTORY ............................................................ 67 EXHIBIT E -ARTERIAL MAP ........................................................................................ 72 EXHIBIT F - RESIDENTIAL MAP .................................................................................. 73 City of Laguna Niguel - Public Works Department

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INSTRUCTIONS TO PROPOSERS

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

2. Contract Term. The initial contract term shall be for a period of Three (3) years* effective from the date of award. 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. The City reserves the right to cancel this agreement pursuant to the Agreement for Maintenance Services Section 18 Termination.

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

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

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

5. Examining of Proposal Documents.

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

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

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

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

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

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

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

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

7. Availability of the RFP Document. The RFP document is available on Planetbids.

The City is not responsible for the accuracy or completeness of RFP documents obtained from any source.

8. RFP Schedule. The City reserves the right to amend the RFP schedule as established below:

Milestone Tentative Target Dates
City Release of RFP July 22, 2025
Pre-Bid Meeting & Job Walk N/A
Final Questions Due No Later Than 5:00 P.M.
*Must use Attachment X - RFP Inquiry Form Auq.22,2025
Addendum Issuance 2:00 P.M.

May. 20, 2025
Proposal Due 2:00 P.M.

To: Planet bids September 5, 2025
Notification of Selection Oct. 2025
Tentative Contract Approval by City Council Nov.5,2025

9. RFP Questions and Inquires. Questions and inquiries must be presented on the RFP Inquiry Form (enclosed herein) and submitted on Planetbids and are due as noted in the table above.

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

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

B. The City will not distribute Addenda. Any addendum pertaining to this RFP will be posted on Planetbids. The City's posting of Addenda on the 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.

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11. Mandatory Job Walk.

Not required.

12. Submittal of Proposals.

Proposals shall be submitted on the Planetbids website.

All proposals must be submitted on the City forms. The proposals must be submitted by the time and date 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.

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

EVALUATION CRITERIA
Cost to the City:

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

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

Qualifications & Experience
• Firm Experience & Performance
• Firm Personnel
• References
Quality of Goods and Support Facilities
• Equipment
• Support Facilities
Proposer's financial stability.

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POINTS
45 10
25 15
5 To allow staff to accurately and fairly evaluate the proposal, the attached questionnaires must be completed and returned with the proposal package.

Failure to submit these questionnaires in their entirety will disqualify your proposal.

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

Please be assured that your response will be confidential and will not be shared with other contractors. For additional assurance the Contractor may stamp all Questionnaire pages "Confidential".

The Contractor's performance with the City on either the current or previous contract service will be considered as part of the evaluation process. Please note, the history of performance deficiency will lower the ranking score for the Contractor.

14. Local Business. City has adopted a local merchant purchasing preference in the form of a one-percent (1 %) price advantage in the evaluation of bid line items for the purchase of goods, supplies, and equipment subject to sales and use tax.

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

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

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

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

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17. Notification of Award. The selection committee will make a recommendation to the awarding authority. The acceptance of the proposal will be evidenced by a 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.

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

The contract shall be made in the form adopted by the City and incorporated in these specifications.

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

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

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

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

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

E. Proposals submitted are not to be copyrighted.

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.

20. Withdrawal of Proposals. Contractors may withdraw their proposal any time before the date and time when proposals are due, without prejudice, by submitting a written request for withdrawal to the City Public Works Director. Verbal withdrawal City of Laguna Niguel - Public Works Department

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requests or withdrawal requests by telephone will not be accepted by the City.

21. Criminal Background Check. The contractor is required to provide security checks for all personnel assigned to work under this contract. The Contractor will be responsible for the costs associated with this process. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check.

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

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

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

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

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

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

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

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

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

25. Insurance Requirement. It is required that every Contractor/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.

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

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

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

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

28. Non-Conforming Proposal. A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any 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.

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

END OF INSTRUCTIONS TO PROPOSERS
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SPECIFICATIONS

CITYWIDE TRAFFIC STRIPING, PAVEMENT MARKINGS,

CURB PAINTING, AND RELATED MAINTENANCE SERVICE

INTRODUCTION
The City maintains 141 miles of roadway infrastructure. All current road line striping and legends are a mix of paint and thermal plastic; and follows current State of California Department of Transportation Standards. Note: Thermal plastic is not requested as part of this proposal.

The City of Laguna Niguel is requesting proposals from qualified contractors to annually paint, in kind, street striping, markings, legends, and curbs, within the City of Laguna Niguel.

QUALIFICATION
The following minimum qualifications are desired:
• Minimum of ten (10) years of similar work with Cities, Counties, local government agencies.

DESCRIPTION OF SERVICES

GENERAL DESCRIPTION
The street striping maintenance contractor ("Contractor") shall perform routine annual painting, in kind, street striping, markings, legends, and curbs within the City of Laguna Niguel ("City"). Contractor shall furnish all materials, equipment, and labor, ,as required to perform all work as established herein in a good professional manner.

All work shall comply with the Manual on Uniform Traffic Control Devices (MUTCD), state and local regulations, and the specifications listed herein.

SCOPE OF WORK
The scope of work consists of, but is not limited to, furnishing all material, equipment, tools, labor, and appurtenances to perform the following and other related work not specifically mentioned herein, as directed by the City Engineer or his Representative:

1. Painting of existing street traffic striping, markings, and pavement legends, in kind.

2. Replacement of missing reflective and non-reflective raised pavement markers, in kind.

3. Clean and prepare roadway surfaces as required for the work.

4. A twenty-four hour (24) on-call response for street traffic striping, markings, and pavement legends maintenance and repair services, response time shall be within 4 hours of the request. Routine maintenance and repair service responses during normal working hours and scheduled night work shall be considered normal City of Laguna Niguel - Public Works Department

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scheduled maintenance work and not billed at the overtime rate. All emergency work performed outside these specified hours and on holidays shall be paid at the approved overtime rates on a time and material basis.

WORKING DAY/HOURS
Are as follows unless otherwise approved by the City:
• Residential, Business, and Commercial Streets
Monday through Friday - 8:00 a.m. to 4:00 p.m.
• Arterial and Major Collector Streets
Monday through Friday 8:00 a.m. to 4:00 a.m.

ROAD PRIORITIZATION
• Arterials: These high-capacity roads (e.g., major thoroughfares) carry large volumes of traffic and connect to highways. Restriping arterials shall be conducted annually, see attached map.
• Collectors & School Zones: These roads move traffic from local streets to arterials and serve residential or commercial areas. Restriping collectors & school zones shall be conducted every year based upon the zone, see attached map. • Residential Streets: These low-traffic streets prioritize access over mobility.

Restriping residential streets shall be conducted every year based upon the zone, see attached map.

SCHEDULE
The city is divided into three (3) zones, see attached map, the contractor shall provide an annual schedule for each zone based on the road prioritization.

SPECIFICATIONS
All striping and legends shall be performed in accordance with the State of California, Department of Transportation (CalTrans 2022) Standard Plans and Specifications Section 84, "Greenbook" Standard Specifications for Public Works Construction (2021) Section 214, and City's Standard Plans. All work performed shall be subject to the applicable Federal and State Standards, approved proposals, contract documents, City inspection, and approved by the City, its Director of Public Works, or his authorized representative.

EXTRA/EMERGENCY WORK
The Contractor shall not perform any services or incur any costs whatsoever under the terms of this Agreement until they have received written authorization from the City.

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The work order shall contain the date of issuance, work description, locations, and maps, as required. The contractor shall do the work as described on the work orders and enter the date of completion.

The work specified shall commence immediately and no later than five (5) working days upon receipt of written notice. Failure to comply with this provision may subject the contractor to be assessed liquidated damages.

The City reserves the right to bid extra or emergency work to other firms, in the event a negotiated price or schedule of completing repairs cannot be reached, which is acceptable to both parties.

TRAFFIC CONTROL
All traffic control methods shall conform to the latest edition of the CA-MUTCD or Work Area Traffic Control Handbook (WATCH) as it conforms to the standards and guidance of the MUTCD. The contractor shall provide flagmen, lights, signs, barricades, and other devices as required to provide for public safety and convenience. Traffic shall be permitted to pass through the work underway and access shall always be maintained to the adjacent properties during the striping operations. Under heavy traffic conditions, the City may limit the hours of work. The City reserves the authority to modify the conditions for traffic control if deemed necessary. All vehicular and pedestrian access line of sight visibility shall always be maintained per CA-MUTCD or WATCH manual.

Full compensation for conformance with the traffic control requirements shall be considered included in the unit price bid for the items of work and no additional payment will be made, therefore.

UNSATISFACTORY WORK
The Contractor shall be notified both verbally and in writing their performance is unsatisfactory and corrective action is necessary.

The Contractor shall complete corrective action within the following time frames after verbal notification:
a) Within eight (8) hours for unsafe, hazardous, or unsightly conditions. b) Within sixteen (16) hours for faulty workmanship or equipment failures. c) Other deficiencies within three (3) days.

Failure to correct the deficiency within the time specified shall result in the deduction of $250.00 per day for each instance where an item of work is not completed in accordance with the schedule and/or specifications.

PERMITS AND LICENSES
The Contractor shall procure all permits and license, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Contract.

No fees will be charged for City-related projects.

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PATENTS
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

DAMAGES
The Contractor shall report immediately to the City any damage to City or private property and shall be liable to make all repairs. Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.

COORDINATION
The Contractor and City's Project Representative shall meet during the time when work is occurring monthly to review work completed, work scheduled for the next month, address any concerns, and coordinate any extra/emergency work.

COMPENSATION

PAYMENT
The City will compensate the Contractor for the annual maintenance at the contract lump sum price. The contract lump sum prices include all labor, materials, equipment, overhead, and profit to perform the service.

The Contractor shall submit to the City a monthly progress payment invoice for the work performed to date. The annual and extra work shall be itemized per the schedule of values.

For extra/emergency work, not covered by the unit prices, shall be performed and paid for on a time and material basis, as follows:
• Materials. The City shall pay for materials at Contractor's cost from the supplier's invoice plus the 10% overhead and profit mark-up. All materials shall be new or have the approval of the Director of Public Works if otherwise. • Direct Labor. The City shall pay for direct labor at the rates specified in Exhibit B of the Contract. The labor rates shall be prevailing wage and include overhead and profit. The hourly labor rates shall constitute total compensation to be paid by the City. • Equipment. The City shall pay Contractor for equipment used on a per-hour basis at the rate as specified in Exhibit B of the Contract. The per-hour equipment rates shall constitute total compensation to be paid by the City when specified equipment is used.

INVOICING
The contractor shall coordinate with the City's Street Maintenance Superintendent to review and agree on the monthly invoice quantities. Once agreed the contractor's monthly invoice shall be mailed to:

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• [email protected]
• Street Maintenance Superintendent: [email protected] The invoice shall include at a minimum the following:
• Date, Invoice number, Description and Quantity of the Contract and Extra/Emergency Work, Contract Amount, Invoice Total, Total Billed to Date, and Remaining Balance.

WARRANTY
Guarantee that work remains free from substantial defects for 1 year after Contract acceptance except for work parts for which you were relieved of maintenance and protection. Guarantee each of these relieved work parts for 1 year after the relief date. The guarantee excludes damage or displacement caused by an event outside your control, including:

1. Normal wear and tear

2. Improper operation

3. Insufficient maintenance

4. Abuse

5. Unauthorized change

6. Acts of God
During the guarantee period, repair or replace each work part having a substantial defect.

CONTRACT TERM

CONTRACT DURATION
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 a recommendation by the City that the Contractor has fully complied with the contract requirements and that it is in the interest of the City to continue the contract, a request will be submitted to the City Manager for contract extension. The total term of the contract shall not exceed five (5) years.

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

Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed the CPI increase (Los Angeles-Long BeachAnaheim, CA) for the applicable period of time or 3 percent, whichever is less. The City has no obligation or duty to provide an such increase. All Items not seasonally adjusted, City of Laguna Niguel - Public Works Department

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"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 DA VS 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.

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 a 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 to 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 will forward the changes to the Contractor in the form of a Request for Proposal.

The Contractor shall review the Request for Proposal and provide a proposal within 5 working days.

City issued changes to the contract specifications with no impacts to compensation.

Changes in this category are changes for clarity or of a minor nature with no impact on contract costs. The contractor shall review and agree that there is no impact to cost.

City issued changes to the contract specifications with impacts to compensation. Changes in this category shall be changes where a change in the Scope of Work is necessary.

Changes in this category would include, but not be limited to, additions, deletions, new work, and special requirements for a particular area of work. The contractor shall review City of Laguna Niguel - Public Works Department

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and agree to the cost impact.

EQUIPMENT AND MATERIAL

EQUIPMENT
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.

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

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

MATERIAL TRAFFIC PAINT
• The paint to be used on all work done under this contract shall be a tested product in compliance with the federal, state, and air quality control standards. Paint type shall be TTP 1952D, Type II as manufactured by Morton or pre-approved equal. • Shall be Rapid Dry Water-Borne Traffic Line Paint; White, Yellow, and Black. • Shall not be thinned.
• Shall dry "tack-free" within thirty (30) minutes.
• Pavement legends shall be a compound of paint and glass beads.

If more than 120 days have elapsed from the date of manufacture of the paint installed, the paint shall be mixed in containers other than the spray equipment containers until a smooth, uniform product of proper consistency is obtained. Such mixing and all other necessary mixing shall be at the Contractor's expense.

BEADS
Beads are to meet or exceed all federal standards and be M-24 7 federal specification with AC 110 coating as manufactured by Potters or pre-approved equal.

PAINT REMOVAL
Paint removal shall be performed by wet sandblasting or any technique that does not scare the pavement, meeting the latest requirements and restrictions by the state pollution City of Laguna Niguel - Public Works Department

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control agency. The contractor shall be responsible for the immediate removal of the sandblasting materials by vacuum or mechanical street sweeping devices. Alternative paint removal methods require prior City approval. The obliteration of traffic striping with black paint shall be done only with prior City approval and shall be only a temporary measure, requiring later removal by wet sandblasting at the contractor's sole expense.

STENCILS
All stencils and street marking legend cutouts shall conform to standards presently in use in the City of Laguna Niguel. Full compensation for conforming to the requirements of this section shall be considered as included in the price bid for the various items of work and no additional payment will be made thereafter.

LABOR

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

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

Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality and the general prevailing rate for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Please find more information at: www.dir.ca.gov
Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City not more than fifty dollars ($50) for each labor, workman, or mechanic employed for each calendar day or portion thereof if such labor, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.

TRAVEL AND SUBSISTENCE PAYMENTS
The Contractor shall pay travel and subsistence payments to workmen needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. (If applicable)
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WORKER'S COMPENSATION
In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure payment of Worker's Compensation to his employees. The Contractor shall supply the certificate required by Section 1861.

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

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

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

RECORDS
The 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.

LABOR STRIKE
It shall be the responsibility of the Contractor to provide continuous maintenance services, without any interruption to the City. In case of any labor strikes, the Contractor shall provide other means, at its own cost, to provide comparable continuous service as if there were no strike. Failure to do so will cause the City to take whatever actions are deemed necessary to provide such service and the costs will be borne by the Contractor.

PERSONNEL

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

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

BACKGROUND
All personnel engaged in 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 one 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.

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.

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
The Contractor and it its personnel shall possess the certifications and licenses noted in the Scope of Work.

REPORTING REQUIREMENTS

OFFICE RECORDS
The Contractor shall maintain a complete set of records for all work performed under this contract. A daily log shall be maintained for all labor, material, and equipment used under the contract. The daily log shall include the names, hours, date and time, weather, service performed, location, and quantities. The daily shall be signed by the technician and verified by their supervisor.

The Contractor shall provide monthly activities reports of all work performed, including City of Laguna Niguel - Public Works Department

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any extra work. Failure to comply will delay monthly progress payment invoices.

MONTHLY ACTIVITIES REPORTS
The reports shall provide a complete record of all work performed with the status of pending work orders and shall be attached to each monthly progress payment invoice. • The Monthly Activities Report shall include:
• Location of each service
• Date and time for the service
• Reason for the service
• Identification of the type of service (Routine, Extra, Emergency) • Status of repair (Complete, In Process, Temporary)
• For Temporary provide estimated date of final repairs • Name of the person requesting the service
• Name of technician performing the service
• Time spent on the service
With each monthly invoice, the Contractor shall provide a bi-annual status report of open or incomplete work orders. This shall include any work that has been identified pending approved maintenance/repairs, temporary repairs, or maintenance pending delivery of equipment.

The report shall include:
• Location of pending work
• Date of authorization
• Reason the work is incomplete.
• Estimated date when the service will be completed.

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

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

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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 Streets Maintenance Superintendent and followed by confirmation in writing.

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

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

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

PROSECUTION OF THE WORK

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 City of Laguna Niguel - Public Works Department

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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 the Assignment. The City will not arbitrate nor be a party to any disputes between the Contractor and any subcontractors.

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

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

GENERAL ENVIRONMENTAL REQUIREMENTS

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

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

The noise level from the Contractor's operations between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturdays, or at any time on Sunday or a City holiday, shall be in accordance with the Laguna Niguel Municipal Code Provisions on "Noise Control". The noise level from the Contractor's operation during the above specified times shall not exceed 86 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 City of Laguna Niguel - Public Works Department

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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.

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Appendix A- City Map
N
A
ZONE3
City of Laguna Niguel
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RFP INQUIRY FORM
(Must use this form to submit your questions)
Date: ----------
From: (Name)
Company:

Email: Contact No:

In Response to RFP: CITYWIDE STREET STRIPING .

Email questions to planetbids.com
Deadline: 2:00 P.M., August 22, 2025
Question:

PW-rev191011
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EXHIBIT A - 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
C. Subcontractors Form
D. Questionnaire: Firm Information with Organization Chart E. Questionnaire: Firm Experience
F. Questionnaire: Firm Personnel
G. Questionnaire: Equipment
H. Quality Control Plan
I. Questionnaire: Support Facilities
J. Questionnaire: Company Financial Condition
K. Proposal Affidavit
L. Past Contract Disqualification/Termination
M. Statement of Ability to Meet Insurance Requirement with Insurance Certificate
N. Worker's Compensation Insurance Certificate

2. Contractor's Proof and Other Information
A. Company W-9
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PROPOSAL FORM
Services for Citywide Street Striping
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 on Planet Bids and /or below 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.

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

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

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

REPRESENTATIVE, the duly authorized officer shall sign as follows:

Corporation Name
Name Authorized Representative
Signature
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Title
Date
To: City of Laguna Niguel

PROPOSAL FEE SHEET

CITYWIDE STREET STRIPING
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.

The following Proposal Fee Sheet will be incorporated into the Maintenance Service Agreement. The sheet describes work items upon which the City may request services to be provided under this agreement. The quantities listed are one-year estimates only and will not be used for any purpose other than to compare proposals received in response to this Request for Proposal. The proposed unit prices should include all costs to perform the work including labor, materials, equipment, mark-ups, and profit. The actual payments made to the Contractor will be based on the Contractor's actual work performed for the City consistent with the terms and conditions of the Contract documents.

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PROPOSAL FEE SHEET

CITYWIDE STREET STRIPING
Vear 1-(Zone 1)
Striping Item Quantity Units
Arterial & Major Collector Streets 1 LS
Residential & Minor Collector Streets 1 LS
Vear 2 - (Zone 2)
Striping Item Quantity Units
Arterial & Major Collector Streets 1 LS
Residential & Minor Collector Streets 1 LS
Vear 3 - (Zone 3)
Striping Item Quantity Units
Arterial & Major Collector Streets 1 LS
Residential & Minor Collector Streets 1 LS
Extra/Emergency work
Striping Item Quantity Units
Time and Material 1 L.F.

Paint Stripping 1 L.F.

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Unit Price
Subtotal
Unit Price
Subtotal
Unit Price
Subtotal
Total
Unit Price
Total
Total Price
Total Price
Total Price
Total Price
Bid total written:

By: Date: ___________ _
Signature of Representative
NOTE: Please refer to Exhibit- D for estimated quantities for City wide street striping. Contractor is responsible for independent verification of existing striping/legends quantities to be bid.

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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: I Zip Code: I License No.:

Authorized Representative: Contact No.:

Email Address: DIR No.

Designated staff to perform the following function:

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QUESTIONNAIRE: FIRM INFORMATION

1. Legal Name and Address
Name:

Address:

City: State: Zip Code:

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

Name:

Title:

Contact No.:

Email:

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

4. If a corporation, state the following:

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

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

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

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

8. The length of time in business: years

9. Provide the total number of employees: _______ _
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1 O.Any former address or parent company? Yes
Provide the locations of other offices, if applicable.

Location:
□ No
--------------------------- 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 ATTACH YOUR ORGANIZATION CHART TO THIS PAGE.

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QUESTIONNAIRE: FIRM EXPERIENCE
Provide at least three (3) similar in character, size and state if it services provided was for a commercial, educational facility, entertainment facility, government (cities, counties, courts, etc ... ) healthcare facility, hospitality facility, or industrial facility completed in the last ten (10) years. The term "completed" means accepted and final payment received from the owner or authorized representative. The term "similar in character" means projects that demonstrate experience in this Scope of Service of the RFP. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. **If the contractor does not have 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 □
□ Commercial Real Estate □ Entertainment Facility □
□ Government Facility □
Reference for this project:

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

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Healthcare Facility
Hospitality Facility
Industrial Facility
SERVICE 2
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

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

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

SERVICE 3
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: Contract Amount:

Start Date End Date:

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

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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 shall be a minimum of three years.

This form may be duplicate if additional space is required.

Staff- President
Title:

Level of Education/Degree Obtained
Provide the person's experiences:

Project Manager
Title:

Level of Education/Degree Obtained
Provide the person's experiences:

Field Supervisor
Title:

Level of Education/Degree Obtained
Provide the person's experiences:

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Years of Experience:

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

The quality control plan should include:

1. The means the Contractor will use for completing the project including a description of the procedures that will be taken to ensure all requested products are delivered with high-quality and within the time requested by the City's Street Superintendent

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.

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QUESTIONNAIRE: SUPPORT FACILITIES

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

Answer:

2. Provide the 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:

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QUESTIONAIRE: 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 you 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.

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PROPOSAL AFFIDAVIT

CITYWIDE STREET STRIPING
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 services for Citywide Street Striping.

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

Signed
Company Name:

Address:

City, State, and Zip Code:

Telephone No.:

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Date

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? D No D 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.

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Signature of Contractor
Print Name and Title

STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS
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 I 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.

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

Bond No. ------
WHEREAS the City of Laguna Niguel ("Public Agency"), State of California, has awarded to ________ ("Principal") a contract (the "Contract") to WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

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

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

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

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

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

INSTRUCTIONS FOR USE
[DELETE THIS PAGE PRIOR TO USE OF THIS AGREEMENT]

1. This template is designed for contracts for maintenance services. For a definition of "maintenance", see Section 22002(d) of the Public Contract Code.

2. Any deviations in the substantive provisions of this template require prior approval by the Office of the City Attorney. Any deviations in Section 13 (Insurance) or Section 12 (Indemnification) also require approval by the Risk Manager/Insurance Advisor.

3. The DIR registration number is not required for maintenance projects under $15,000.00. For such projects, insert "NIA" in the blank on the introductory paragraph on page 1.

4. Section 3 - Term. We recommend an initial term of no more than three years for most on-going maintenance contracts. In some cases, a shorter period is warranted. If this is a one-time maintenance project, replace the text of Section 3 with the following:
"This Agreement shall become effective on the date first set forth above and shall City of Laguna Niguel - Public Works Department

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remain in effect until the tasks described herein are completed to City's approval, but in no event later than _______ , 20_, unless sooner terminated pursuant to Section 19 of this Agreement."
If the Agreement is approved by the City Council, the Agenda Report may grant authority to the City Manager to extend the terms of the Agreement for two (2) additional one-year terms, as long as the payment to the Contractor does not exceed $50,000.00. If these conditions are met, language to that affect can be added into Section 3.

5. Section 4 - Payment. This section contemplates a regular monthly payment for a multi-year contract. In the second sentence, insert the amount of the total compensation for the initial term of the contract. If this is a one-time maintenance project, modify Section 4 accordingly.

6. Section 13 - Insurance. If the services to be performed do not require a professional license to perform, as distinguished from a contractor's license, then the paragraph specifying the limits of professional liability insurance can be deleted.

7. Section 16 - Payment Bond Required. Payment Bonds are only required on projects with a value which exceeds $25,000.00. If a Payment Bond is not needed, replace Section 16 with "NOT USED".

8. Section 17 - Warrant. If a warranty is not sought or likely to be provided or needed, replace Section 17 with "NOT USED".

9. Exhibit A should be a Scope of Work prepared by staff, including all required performance standards. The RFP and/or proposal should not be used for this purpose. Ideally, the Scope of Work will be included in the RFP and can be pulled out from the RFP and attached to the agreement as Exhibit A (perhaps with minor modifications resulting from Contractor's proposal).

10. Exhibit B is the schedule of compensation. Ideally, but not necessarily, the RFP would include a blank schedule of fees and charges to be filled in the proposers, which can be pulled out from the proposal and attached to the Agreement. Exhibit B should also set forth the manner and time of payment, including invoice requirements.

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STOP
Did you sign and submit all the required forms?
Did you attach any relevant information related to the questionnaire?

IF NOT, THE PROPOSAL MAY BE REJECTED
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EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
[The method of compensation may include: (i) a lump sum payment upon completion of the services, (ii) payment in accordance with specified tasks or the percentage of completion of the services, (iii) payment for time and materials based upon Contractor's rates, provided that time estimates are provided for the performance of sub tasks, but not exceeding the not-to-exceed sum or (iv) such other methods as may be agreed upon between the parties.]

ADD PROPOSAL FEE SHEET
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EXHIBIT C - SAMPLE SERVICES AGREEMENT

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE STREET STRIPING RFP
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'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 Citywide Street Striping

8. The City circulated a Request for Proposals, Citywide Street Striping RFP 2025- 0XX, on MONTH DAY, YEAR 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 identified as Citywide Street Striping (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 City of Laguna Niguel - Public Works Department

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reference. In the event of any conflict between the terms of this Agreement and Exhibit "A", the terms of this Agreement shall control.

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

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

4. Payment.

B. This Agreement also includes a twenty percent (20%) contingency in an amount not-to-exceed XXXX ($XXX.XX) to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services.

The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

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

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

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

6. Licenses; Standard of Care.

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 City of Laguna Niguel - Public Works Department

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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 City of Laguna Niguel - Public Works Department

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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 City of Laguna Niguel - Public Works Department

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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.

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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.

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 City of Laguna Niguel - Public Works Department

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(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 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 City of Laguna Niguel - Public Works Department

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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 City of Laguna Niguel - Public Works Department

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registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be reg istered 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. 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 City of Laguna Niguel - Public Works Department

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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.

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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 "B" and incorporated herein by this reference.

17. Warranty.

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

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

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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.

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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

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, City of Laguna Niguel - Public Works Department

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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 .

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

ATTEST:

Marissa Asistin,
City Clerk

APPROVEDASTOFORMBYTHE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Scott C. Smith
Interim City Attorney
City of Laguna Niguel - Public Works Department

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"CITY"

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

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

EXHIBIT D - STREET STRIPING INVENTORY

CITYWIDE STREET STRIPING
(PAINT)

ARTERIALS
Striping Item Quantity
Solid White Line (Detail 38)
Solid White Line (Detail 38A)
Solid White Line (Detail 39)
Solid White Line (A24E Limit Line)
Solid White Line (A24E Yield Line)
Broken White Line (Detail 9)
Broken White Line (Detail 37B)
Broken White Line (Detail 39A)
Broken White Line (Detail 40)
Solid Yellow Line (Detail 22)
Broken Yellow Line (Detail 32)
Broken Yellow Line (Detail 41)
Crosswalk (Basic - White)
Crosswalk (Continental - White)
Crosswalk (Ladder - White)
Crosswalk (Basic - Yellow)
Crosswalk (Ladder - Yellow)
Median Nose
Left Turn Arrow
Right Turn Arrow
Thru/Right Turn Arrow
Merge Arrow
Bike Lane Arrow

BIKE LANE
YIELD

KEEP CLEAR

SIGNAL AHEAD
City of Laguna Niguel - Public Works Department

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54984
33949
242372
3703
0 374911
3293
32119
3355
34082
3072
763
19790
643
0 1414
0 2187
555
84 3
54 272
272
8 6
97 Units
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea .
ea.

COLLECTORS
Striping Item Quantity
Solid White Line (Detail 38)
Solid White Line (Detail 38A)
Solid White Line (Detail 39)
Solid White Line (A24E Limit Line)
Solid White Line (A24E Yield Line)
Broken White Line (Detail 9)
Broken White Line (Detail 37B)
Broken White Line (Detail 39A)
Broken White Line (Detail 40)
Solid Yellow Line (Detail 22)
Broken Yellow Line (Detail 32)
Broken Yellow Line (Detail 41)
Crosswalk (Basic - White)
Crosswalk (Continental - White)
Crosswalk (Ladder - White)
Crosswalk (Basic - Yellow)
Crosswalk (Ladder - Yellow)
Median Nose
Left Turn Arrow
Right Turn Arrow
Thru/Right Turn Arrow
Merge Arrow
Bike Lane Arrow

BIKE LANE
YIELD

KEEP CLEAR

SIGNAL AHEAD
City of Laguna Niguel - Public Works Department

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10548
3650
45476
930
0 27492
542
7077
573
35043
2691
34 1820
0 0
183
69 156
111
28 0
8 67
67 6
3 14
Units
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ea.
ea.
ea .
ea .
ea.
ea.
ea.
ea.
ea.

NEIGHBORHOODS
Striping Item Quantity
Solid White Line (Detail 38)
Solid White Line (Detail 38A)
Solid White Line (Detail 39)
Solid White Line (A24E Limit Line)
Solid White Line (A24E Yield Line)
Broken White Line (Detail 9)
Broken White Line (Detail 37B)
Broken White Line (Detail 39A)
Broken White Line (Detail 40)
Solid Yellow Line (Detail 22)
Broken Yellow Line (Detail 32)
Broken Yellow Line (Detail 41)
Crosswalk (Basic - White)
Crosswalk (Continental - White)
Crosswalk (Ladder - White)
Crosswalk (Basic - Yellow)
Crosswalk (Ladder - Yellow)
Median Nose
Left Turn Arrow
Right Turn Arrow
Thru/Right Turn Arrow
Merge Arrow
Bike Lane Arrow

BIKE LANE
YIELD

KEEP CLEAR

SIGNAL AHEAD
City of Laguna Niguel - Public Works Department

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11743
2050
12882
4870
44 13142
1014
4374
0 113019
5165
0 808
0 0
1203
40 99
145
59 4
10 18
18 0
7 1
Units
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ea.
ea .
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.

EXTRA ITEMS
Striping Item Quantity
'25' 39
'30' 26
'35' 11
'40' 15
'45' 27
'50' 31
'AHEAD' 25
'BUMP' 60
'BUS LANE' 2
'FWY' 5
'NB' 2
'ONLY' 4
'ROAD ENDS AHEAD' 1
'SB' 3
'SCHOOL' in yellow 18
'SLOW' in yellow 6
'STOP' 263
'WAIT HERE' 6
'XING' in yellow 2
Left/right arrow 10
Left/Thru arrow 19
Thru arrow 17
Bump arrows 40
City of Laguna Niguel - Public Works Department

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Units
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.
ea.

EXHIBIT E - ARTERIAL STREETS MAP

CITYWIDE STREET STRIPING
(PAINT)
\ so"Eree~ Ra,
Alicia
Arterial~
City gJ Laguna Niguel
City of Laguna Niguel - Public Works Department

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F
'..!'
04/17

EXHIBIT F - RESIDENTIAL STREETS MAP

CITYWIDE STREET STRIPING
(PAINT)
City of Laguna Niguel
NOTE: Areas shown represent public streets/communities.

City of Laguna Niguel - Public Works Department

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City of Laguna Niguel - Public Works Department

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ATTACHMENT B
Street Striping and Pavement Markings Geographical Zones Map Appendix A - City Map
N
A
ZONE3
City of Laguna Niguel
City of Laguna Niguel - Public Works Department

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ONE1

ATTACHMENT C
Proposals Evaluation Summary
RFP Name:

RFP Issue Date:

RFP Due Date:

No. of Bidders:

Citywide Street Striping
July 23, 2025
September 5, 2025
3 Proposals Evaluation Summary
Firm Name Evaluation Average
J&S Striping Company, Inc. 100
Interstate Striping, Inc. 95
Superior Pavement Markings, Inc. 92
Evaluation Ranking
1 2
3 ATTACHMENT D
Maintenance Services Agreement with
J & S Striping Company, Inc.

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE STREET STRIPING
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 J & S Striping Company, Inc., a State of California corporation, 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 538211, classification C-32; Contractor's DIR registration number is [1000006912]. 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 Citywide Street Striping services.

B. The City circulated a Request for Proposals, Citywide Street Striping, on July, 23, 2025. to solicit competitive proposals from contractors to complete these services.

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

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

AGREEMENT:

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

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Citywide Street Striping (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 -1-
"A", the terms of this Agreement shall control.

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

3. Term. The Contractor shall commence providing the required services on January 1, 2026. and this Agreement shall continue in full force and effect until December 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 in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation), attached and incorporated herein for the not-to-exceed amount of Three Hundred Seventeen Thousand, One Hundred Twenty- Five Dollars ($317,125) in Year One of the Agreement; a not-to-exceed amount of Three Hundred Twenty-Six Thousand, Six Hundred Thirty-Seven Dollars ($326,637) in Year Two of the Agreement; and a not-to-exceed amount of Three Hundred Thirty-Six Thousand, Four Hundred Thirty-six Dollars ($336,436) in Year Three of the Agreement.

This Agreement also includes a Twenty percent (20%) contingency in an amount not-toexceed Sixty-Three Thousand, Four Hundred Twenty-Five Dollars ($63,425) for Year One of the Agreement; Sixty-Five Thousand, Three Hundred Twenty-Eight Dollars ($65,328) for Year Two of the Agreement; and Sixty-Seven Thousand, Two Hundred Eighty-Eight Dollars ($67,288) for Year Three of the Agreement, for unforeseen conditions or additional work and authorize the Public Works Director/City Engineer to approve additional work with J & S Striping Company, Inc. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

In no event shall the total compensation paid to the Contractor for the Scope of Services exceed the sum of Three Hundred Eighty Thousand, Five Hundred Fifty Dollars ($380,550) in Year One of the Agreement; Three Hundred Ninety-One Thousand, Nine Hundred Sixty-Five Dollars ($391,965) for Year Two of the Agreement; and Four Hundred Three Thousand, Seven Hundred Twenty-Four Dollars ($403,724) in Year Three 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 -2-
maximum of such increase s-all be no greater than the CPI increase (Los Angeles-Long Beach-Anaheim, CA) for the applicable period of time or 3 percent, whichever is less. City has no obligation or duty to provide any such increase. The total compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

B. Invoices. Upon submission of each invoice, if the City is satisfied that the Contractor has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the 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.

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.
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7. Legal Responsibilities.

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

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

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

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

B. Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement. Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively "City" for solely this Section 12(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City's sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of lndemnitors in the performance of the services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence or willful misconduct of City, Contractor will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under Section 12 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Contractor.

C. Subcontractors. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any -5-
other person(s) or entity(ies) involved by, for, with, or on behalf of the Contractor in the performance of this Agreement.

D. 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.

E. 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.

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

G. 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.

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:
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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.

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.
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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.

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.

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 -8-
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.

14. State Labor Code; Prevailing Wage Requirements.

C. Contracts. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether -9-
or not required by California law, does not alter the meaning or scope of paragraph A of this Section.

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.

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

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 -10-
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.

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 -11-
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.

17. Warranty.

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

18. Termination.

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 -13-
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: J & S Striping Company, Inc.

Attn: Robert Aragon
Address: 1544 S. Vineyard Ave.

City, State, Zip Code: Ontario, Ca. 91761

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. -14-
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.

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.

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.

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"
J & S Striping Company, Inc.

By:------------
Print Name: ---------
Tit I e: -----------
By:-----------
Print Name: --------- Ti tie: -----------
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EXHIBIT "A"

SCOPE OF SERVICES
A-1

SPECIFICATIONS

CITYWIDE TRAFFIC STRIPING, PAVEMENT MARKINGS,

CURB PAINTING, AND RELATED MAINTENANCE SERVICE

The City of Laguna Niguel is requesting proposals from qualified contractors to annually paint, in kind, street striping, markings, legends, and curbs, within the City of Laguna Niguel.

QUALIFICATION
The following minimum qualifications are desired:
• Minimum of ten (10) years of similar work with Cities, Counties, local government agencies.

DESCRIPTION OF SERVICES

All work shall comply with the Manual on Uniform Traffic Control Devices (MUTCD}, state and local regulations, and the specifications listed herein.

1. Painting of existing street traffic striping, markings, and pavement legends, in kind.

2. Replacement of missing reflective and non-reflective raised pavement markers, in kind.

3. Clean and prepare roadway surfaces as required for the work.

CITYWIDE STREET STRIPING

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Restriping residential streets shall be conducted every year based upon the zone, see attached map.

SCHEDULE
The city is divided into three (3) zones, see attached map, the contractor shall provide an annual schedule for each zone based on the road prioritization.

SPECIFICATIONS
All striping and legends shall be performed in accordance with the State of California, Department of Transportation (CalTrans 2022) Standard Plans and Specifications Section 84, "Green book" Standard Specifications for Public Works Construction (2021) Section 214, and City's Standard Plans. All work performed shall be subject to the applicable Federal and State Standards, approved proposals, contract documents, City inspection, and approved by the City, its Director of Public Works, or his authorized representative.

EXTRA/EMERGENCY WORK
The Contractor shall not perform any services or incur any costs whatsoever under the terms of this Agreement until they have received written authorization from the City.

City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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The City reserves the right to bid extra or emergency work to other firms, in the event a negotiated price or schedule of completing repairs cannot be reached, which is acceptable to both parties.

Full compensation for conformance with the traffic control requirements shall be considered included in the unit price bid for the items of work and no additional payment will be made, therefore.

UNSATISFACTORY WORK
The Contractor shall be notified both verbally and in writing their performance is unsatisfactory and corrective action is necessary.

PERMITS AND LICENSES
The Contractor shall procure all permits and license, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Contract.

No fees will be charged for City-related projects.

City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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PATENTS
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

COMPENSATION

The Contractor shall submit to the City a monthly progress payment invoice for the work performed to date. The annual and extra work shall be itemized per the schedule of values.

City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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1. Normal wear and tear

2. Improper operation

3. Insufficient maintenance

4. Abuse

5. Unauthorized change

6. Acts of God
During the guarantee period, repair or replace each work part having a substantial defect.

CONTRACT TERM

CITYWIDE STREET STRIPING

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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.

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 a 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 IN CONTRACT SPECIFICATIONS
The City will forward the changes to the Contractor in the form of a Request for Proposal.

The Contractor shall review the Request for Proposal and provide a proposal within 5 working days.

City issued changes to the contract specifications with no impacts to compensation.

Changes in this category are changes for clarity or of a minor nature with no impact on contract costs. The contractor shall review and agree that there is no impact to cost.

City issued changes to the contract specifications with impacts to compensation. Changes in this category shall be changes where a change in the Scope of Work is necessary.

CITYWIDE STREET STRIPING

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and agree to the cost impact.

EQUIPMENT AND MATERIAL

BEADS
Beads are to meet or exceed all federal standards and be M-247 federal specification with AC 110 coating as manufactured by Potters or pre-approved equal.

CITYWIDE STREET STRIPING

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LABOR

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

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

CITYWIDE STREET STRIPING

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

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

PERSONNEL

City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS
The Contractor and it its personnel shall possess the certifications and licenses noted in the Scope of Work.

REPORTING REQUIREMENTS

The Contractor shall provide monthly activities reports of all work performed, including City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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any extra work. Failure to comply will delay monthly progress payment invoices.

The report shall include:
• Location of pending work
• Date of authorization
• Reason the work is incomplete.
• Estimated date when the service will be completed.

City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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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.

PROSECUTION OF THE WORK

CITYWIDE STREET STRIPING

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

GENERAL ENVIRONMENTAL REQUIREMENTS

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

CITYWIDE STREET STRIPING

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statutes.

City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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Appendix A - City Map
N
A
ZONE 3
City of Laguna Niguel
City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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EXHIBIT "B"

SCHEDULE OF COMPENSATION
B-1

PROPOSAL FEE SHEET

CITYWIDE STREET STRIPING
Year 1-(Zone 1}
Striping Item Quantity Units Unit Price
Arteria l & Major Collector Streets 1 LS $ 22 5,714.00
Residential & Minor Collector Streets 1 LS $58,613.00
Subtotal
Year 2 - (Zone 2)
Striping Item Quantity Units Unit Price
Arterial & Major Collector Streets 1 LS $22 5 ,714 . 00 Residential & Minor Collector Streets 1 LS $5 8 ,613.00 Subtotal
Year 3-(Zone 3}
Striping Item Quantity Units Unit Price
Arterial & Major Collector Streets 1 LS $23 2 ,486.00
Residential & Minor Collector Streets 1 LS $60,37 2.00
Subtotal
Total Price
$233,745.00
~8-J / 380 . 00
$317,125.00
Total Price
$240,757.00
$85,880.00
$32 6 ,637.00
Total Price
$247 , 980.00
$88,456.00
$336,436.00
Total I $910,198.00
Extra/Emergency work
Striping Item Quantity
Time and Material
Paint Stripping
City of Laguna Niguel - Public Works Department

CITYWIDE STREET STRIPING

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1 1
Units
L.F.

L.F.
.,
Unit Price Total Price
$ 11 5.00 $ 11 5. 00
$0 . 78 $0.85
Total $115.78
EXHIBIT "C"

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

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

WHEREAS the City of Laguna Niguel ("Public Agency"), State of California, has awarded to the Contractor ("Principal") ________________ _ a contract (the "Contract") for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 17 41, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

NOTE:

1. All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

2. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.

3. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

PRINCIPAL'$ SIGNATURE
Type or Print Name:

Title:

By:

Signature (above)
Note: Attach the Notary Public Acknowledgement of Principal's Signature

SURETY'S SIGNATURE
Surety's Name:
------------------------<
By:

Signature of Attorney-in-Fact for Surety (above)
Type or Print Name of Attorney-in-Fact:

Note: Attach (i) Attorney-In-Fact Certification; (ii) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (iii) Notary Public Acknowledgement of Attorney-In-Fact's Signature
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CONTACT INFORMATION FOR NOTICES TO THE SURETY
Contact Name:

Mailing Address:

City, State, Zip Code:

Email Address:

Telephone No.:

APPROVED AS TO FORM:

Scott C. Smith
City Attorney
City of Laguna Niguel
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Laguna Niguel City CouncilDecember 2, 2025

Laguna Niguel City Council
December 2, 2025