20260505_8_OnCall MSA — Laguna Niguel City Council, May 5, 2026 (part 2 of 2)

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

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

LABOR

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

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

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

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

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

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

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

The Contractor will not willfully discriminate against any employee or applicant for City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 14 of 61 ends

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

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

PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision to ensure proper surveillance of workmanship and adherence to the project schedule.

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

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

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

HEALTH
All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Contractor shall not allow any person(s) under the influence of City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 15 of 61 ends

alcohol or drugs on the premises or in the building(s). Neither shall the Contractpr allow the use of alcohol or drugs on the premises or the building.

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

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

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

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

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

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

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 16 of 61 ends

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS/CERTIFICATIONS
Required:
• B -General Building Contractor; or A -General Engineering Contractor Preferred:
• C-10 Electrical Contractor;

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

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

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

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 17 of 61 ends

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

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

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

WORKSITE LIMITS
All operations shall be restricted to the City right-of-way, City leased property with City access and egress agreements. The Contractor shall not enter upon any 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.

SCHEDULES
DAILY SCHEDULE:

All work completed for the agreements carried out following this RFP in on an on-call and as-need basis directed by the City. The Contractor shall provide a work schedule for all work on each work proposal. The City shall approve all work schedules by signature on each work proposal and return to the Contractor.

For non-emergency work, work hours shall be Monday through Friday, 7 am to 5 pm, unless otherwise specified on an approved work proposal. No Holiday or weekend work shall be completed without written consent from the City. City holidays are as follows:

New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Thanksgiving Day After, Christmas Eve Day, Christmas Day, Day After Christmas, New Year's Eve Day.

Emergency Work in unscheduled work that may be required during or after normal business hours, oh holiday or weekends. The Contractor must receive approval from the City prior to commencing any work.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 18 of 61 ends

PROSECUTION OF THE WORK

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

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

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

GENERAL ENVIRONMENTAL REQUIREMENTS

SOUND CONTROL
The Contractor shall comply with all State, County, and local sound control and noise level rules, regulations, and ordinances that 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.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 19 of 61 ends

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

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

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

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

PAYMENT

AS NEEDED SERVICES
Invoices for approved as-needed, on-call work shall be provided to the City within 10 days of work completion and the City's acceptance of the work. Each invoice shall correspond to an approved work proposal and shall include: an invoice number and date, a description of the service, the service location, material costs and material markup costs, labor rates, and labor hours.

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

INVOICING
The Contractor shall EMAIL the invoice, which shall summarize all completed work on standard Company letterhead forms. Payment will be made subject to approval by Parks and Landscape Maintenance Superintendent, Scott Frame.

Email : [email protected]
The invoice shall include the following, and will only be approved for payment with the following information approved by a City representative:

A. Invoice number, Work completion date
B. Work Location Name
C. Description of Service
D. Materials Cost, Materials Markup Cost, Labor Rate, Labor Hours City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 20 of 61 ends

PROPOSAL FEE SHEET: LABOR

RFP FOR CITYWIDE ON-CALL PARKS, PLAYGROUNDS, AND AMENITIES

MAINTENANCE, REPAIR, AND INSPECTION SERVICES
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name: Real Estate Consulting & Services, Inc.

Authorized Representative: Jeff Coss
Title: President
Email Address: [email protected]
Address: 216 Avenida Fabricante Suite 110
City, State, and Zip Code: San Clemente CA 92672 I
Telephone: 714-571-0175
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.

ON-CALL MAINTENANCE WORK
The Proposer shall complete the Proposal Fee Sheet as provided below for the cost of On-Call Maintenance services as described in the Scope of Services.

Bid Item Item Hourly Rate I or
Number Mark-up Rate
Cost of Labor for
1 Maintenance and Repairs $110 Per Hour
Cost of Labor for Emergency $165 2 Maintenance and Repairs Per Hour City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 26 of 61 ends

Weekend / Holiday
Rate
$165 I Per
Hour
$165 I Per
Hour
3 Cost of Labor for Playground $ 165 I Per $110 Per Hour Safety Inspection Hour 4 Cost of Authorized
$ 10 % NIA
Equipment Rental mark-up above
rental cost*
$10 %
5 Cost of Parts and Materials mark-up above NIA
parts and material
cost*
*The rental and materials/parts invoice(s) must be provided for payment approval with each invoice and before payment is approved.

ON-CALL ANNUAL PLAYGROUND SAFETY INSPECTION
It is at the sole discretion of the City to utilize other vendors for playground safety and inspections. Playground inspections shall be performed by a CPSI Playground Inspector using applicable ASTM and CPSC guidelines to deliver a written inspection report provided electronically to the City.

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

SITE SITE LOCATION NO.
1 Beacon Hill Park 24403 Beacon Hill Way
2 Bear Brand Park 32285 Park Road
3 Chapparosa Park 29151 Chapparosa Park Road
4 Clipper Cove Park 29325 Clipper Way
5 Crown Valley Park 29751 Crown Valley Parkway
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call ParKs, Playgrounds and Amenities Maintenance and Inspection Services

Page 27 of 61 ends

ONE TIME

INSPECTION
AMOUNT
$

75.00 $

75.00 -
$
150.00
$

75.00 $
150.00
6 Hidden Hills Park 27802 Springwood
7 La Hermosa Park 24462 La Hermosa Ave.
8 La Plata Park 25006 La Plata Drive
9 Marnia Hills Park 24802 Marina Hills Drive
10 Niguel Heights Park 27804 Niguel Heights Blvd.
11 Niguel Woods Park 29883 White Otter Lane
12 Ocean Breeze Park 32211 ½ Charles Road
13 Pare Vista Park 30618 Pare Vista
14 Rancho Niguel Park 28333 Crown Valley Parkway
(Behind Marian Bergeson Elementary School)
15 Reef View Node Park 29061 Ridgeview
16 Ridgeview Park 29061 Ridgeview
17 Seminole Park 30802 Seminole Place
18 Yosemite Park 24481 Yosemite Road
TOTAL
By: Date: 3/24/26
Signat
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 28 of 61 ends

50.00 $

75.00 $

50.00 $

75.00 $

75.00 $
1,450.00

EXHIBIT A - SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel is seeking an experienced firm or firms to provide comprehensive on-call parks, playgrounds, and amenities maintenance, repair, and inspection services for City-owned parks, street medians, open space areas, and other public facilities throughout the City of Laguna Niguel.

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

The purpose of this Request for Proposals (RFP) is for the City to select a qualified firm or, multiple qualified firms to provide professional, reliable, and high-quality services that ensure City infrastructures and amenities are maintained in a safe and attractive condition. Selected Contractor(s) will be responsible for furnishing all labor, materials, tools, equipment, supervision, and expertise necessary to perform the required maintenance, repair, and inspection tasks in accordance with City standards and specifications.

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• Minimum of ten (10) full years of experience in similar work. • Work experience with Cities, Counties, or local government agencies. • Current or previous contract services amount to greater than $50,000 annually. • Adequate staffing and resources to perform multiple maintenance tasks concurrently and at various City sites.
• Qualified supervisory and field personnel with proven experience in tasks listed in this RFP.
• Ability to respond to emergency maintenance or repair requests within specified time frames.

SERVICES TO BE PROVIDED
The scope of work consists of, but is not limited to, furnishing all material, equipment, tools, labor to perform the following and other related work not explicitly mentioned herein as needed and directed by City staff.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 9 of 61 ends

Examples of services to be provided:
• Surfacing maintenance (safety rubber, sports hardscape, hardscape, and engineered wood) for safety, aesthetics, and depth.
• Cleaning and repair of play structures, swings, slides, and climbing elements. • Inspection and maintenance of shade structures, benches, picnic tables, fencing, and block walls.
• Inspection of playgrounds and parks for safety and regulations compliance. • Painting and refinishing play structures, site furnishings, and amenities.

Replacement and repair of park and other City signage.
• Inspection and repair of park area and sports field lighting. • Electrical troubleshooting and repairs for park amenities. • Pressure washing and cleaning of City amenities.
• Routine inspection of playground equipment for safety and compliance.

PERFORMANCE STANDARDS
All services performed under this on-call, as-needed agreement shall meet professional standards of quality, safety, and workmanship consistent with municipal park maintenance and facility care. All work shall be per the most recent edition of the Standard Specifications for Public Works Construction "The Green book".

The Contractor shall provide timely and responsive service upon request by the City, completing assigned tasks efficiently and to the satisfaction of the City's representative.

All work areas shall be left in a clean, safe, and fully functional condition upon completion. Repairs, maintenance, and inspections shall be performed by qualified personnel using proper equipment and materials of equal or superior quality to the existing components. Playground safety inspections must be performed by an individual certified as a Certified Playground Safety Inspector (CPSI) through the National Recreation and Park Association or an equivalent accrediting body with inspections performed to applicable ASTM and CPSC guidelines.

Work shall comply with all applicable safety codes, regulatory requirements, and manufacturer specifications. The Contractor shall ensure that all park featuresincluding, but not limited to, playgrounds, walls, fencing, lighting, and amenities-are restored or maintained to a condition consistent with City standards and current best practices.

The City reserves the right to inspect all work performed and may require corrective action at no additional cost if services do not meet performance expectations or contract specifications.

DEFICIENT IN PEFORMANCE
The Contractor has been provided notice of the quality of work expected in performance of duties specified in this Request for Proposal (RFP). If the Contractor fails to perform City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 10 of 61 ends

work in accordance with the requirements, specifications, schedules, or quality standards outlined in this RFP and resulting agreement, the following shall apply. • The Contractor shall be notified verbally and in writing of specific areas of deficiency. A reasonable period, not to exceed 10 business days, shall be granted to correct such deficiencies to the satisfaction of the City. • If deficiencies are not corrected within the specified time, the City may, at its sole discretion, withhold payment for the portion of work deemed unsatisfactory or incomplete.
• No payment shall be made for work that fails to meet professional quality standards, contractual specifications, or intended deliverables, as determined by the City.
• Continued deficient performance, failure to correct identified issues, or repeated non-conformance with specifications shall constitute grounds for termination of the contract for cause, without further liability to the City. • The Contractor shall perform any corrective work required to meet contractual standards at no additional cost to the City.

CONTRACT TERM

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

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

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 11 of 61 ends

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

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

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

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

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

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

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

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

Implementing these changes:

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

2. The City shall submit the change to the Contractor in the form of a Request for City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 12 of 61 ends

Proposal.

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

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

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

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

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

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

EQUIPMENT, MATERIALS AND VEHICLES

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

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

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

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 13 of 61 ends

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

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

LABOR

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

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.

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

Page 14 of 61 ends

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

PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision to ensure proper surveillance of workmanship and adherence to the project schedule.

Page 15 of 61 ends

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.

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

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 16 of 61 ends

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS/CERTIFICATIONS
Required:
• B -General Building Contractor; or A -General Engineering Contractor Preferred:
• C-10 Electrical Contractor;

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

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.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Pari<s, Playgrounds and Amenities Maintenance and Inspection Services

Page 17 of 61 ends

SCHEDULES
DAILY SCHEDULE:

Emergency Work in unscheduled work that may be required during or after normal business hours, oh holiday or weekends. The Contractor must receive approval from the City prior to commencing any work.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 18 of 61 ends

PROSECUTION OF THE WORK

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.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 19 of 61 ends

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

PAYMENT

AS NEEDED SERVICES
Invoices for approved as-needed, on-call work shall be provided to the City within 1 O days of work completion and the City's acceptance of the work. Each invoice shall correspond to an approved work proposal and shall include: an invoice number and date, a description of the service, the service location, material costs and material markup costs, labor rates, and labor hours.

Emai I : cityoflag unaniguel+source-PWS F@mystam pli .com The invoice shall include the following, and will only be approved for payment with the following information approved by a City representative:

Page 20 of 61 ends

EXHIBIT "B"

SCHEDULE OF COMPENSATION
B-1
PROPOSALFEESHEET:LABOR

RFP FOR CITYWIDE ON-CALL PARKS, PLAYGROUNDS, AND AMENITIES

MAINTENANCE, REPAIR, AND INSPECTION SERVICES
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name: Real Estate Consulting & Services, Inc.

Authorized Representative: Jeff Coss
Title: President
Email Address: [email protected]
Address: 216 Avenida Fabricante Suite 110
City, State, and Zip Code: San Clemente, CA 92672
Telephone: 714-571-0175
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.

ON-CALL MAINTENANCE WORK
The Proposer shall complete the Proposal Fee Sheet as provided below for the cost of On-Call Maintenance services as described in the Scope of Services.

Bid Item Item Hourly Rate I or
Number Mark-up Rate
Cost of Labor for
1 Maintenance and Repairs $110 Per Hour
Cost of Labor for Emergency $165
2 Maintenance and Repairs Per Hour
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 26 of 61 ends

Weekend I Holiday
Rate
$165 I Per
Hour
$165 I Per
Hour
3 Cost of Labor for Playground $165 I Per $110 Per Hour Safety Inspection Hour
4 Cost of Authorized
$10 % NIA
Equipment Rental mark-up above
rental cost*
$10 %
5 Cost of Parts and Materials mark-up above NIA
parts and material
cost*
*The rental and materials/parts invoice(s) must be provided for payment approval with each invoice and before payment is approved.

ON-CALL ANNUAL PLA VG ROUND SAFETY INSPECTION
It is at the sole discretion of the City to utilize other vendors for playground safety and inspections. Playground inspections shall be performed by a CPS! Playground Inspector using applicable ASTM and CPSC guidelines to deliver a written inspection report provided electronically to the City.

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

SITE SITE LOCATION NO.
1 Beacon Hill Park 24403 Beacon Hill Way
2 Bear Brand Park 32285 Park Road
3 Chapparosa Park 29151 Chapparosa Park Road
4 Clipper Cove Park 29325 Clipper Way
5 Crown Valley Park 29751 Crown Valley Parkway
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 27 of 61 ends

ONE TIME

INSPECTION
AMOUNT
$

75.00 $

75.00 $
150.00
$

75.00 $
150.00
6 Hidden Hills Park 27802 Springwood
7 La Hermosa Park 24462 La Hermosa Ave.
8 La Plata Park 25006 La Plata Drive
9 Marnia Hills Park 24802 Marina Hills Drive
10 Niguel Heights Park 27804 Niguel Heights Blvd.
11 Niguel Woods Park 29883 White Otter Lane
12 Ocean Breeze Park 32211 ½ Charles Road
13 Pare Vista Park 30618 Pare Vista
14 Rancho Niguel Park 28333 Crown Valley Parkway
(Behind Marian Bergeson Elementary School)
15 Reef View Node Park 29061 Ridgeview
16 Ridgeview Park 29061 Ridgeview
17 Seminole Park 30802 Seminole Place
18 Yosemite Park 24481 Yosemite Road
TOTAL
By: Date: 3/24/26
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 28 of 61 ends

50.00 $

75.00 $

50.00 $

75.00 $

75.00 $
1,450.00
EXHIBIT "C"

FORM OF PAYMENT BOND
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.

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 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 C-2
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.

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'S 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)
C-3
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
C-4

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
C-5

ATTACHMENT E
Maintenance Services Agreement with Zimprich Engineering, Inc. for Citywide On-Call Parks, Playgrounds, and Amenities
Maintenance, Repair, and Inspection Services

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE ON-CALL PARKS, PLAYGROUNDS, AND AMENITIES MAINTENANCE,

REPAIR, AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into as of ______ ("Effective Date"), by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Zimprich Engineering, Inc., a California Corporation hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties".

Contractor's license number is 1031084 (A- General Engineering); Contractor's DIR registration number is 2000009406. 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 On-Call Parks, Playgrounds, and Amenities Maintenance, Repair, and Inspection Services.

B. The City circulated a Request for Proposals on February 25, 2026 to solicit competitive proposals from contractors to complete these services.

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

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

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

AGREEMENT:

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

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project (the "Project"). Contractor agrees to perform the services for City, in a manner satisfactory to City, as described in the Scope of Services ("Services") which is attached hereto as Exhibit "A" which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and Exhibit "A", the terms of this Agreement shall -1-
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 July 1, 2026, and this Agreement shall continue in full force and effect until June 30, 2029 subject to termination as provided in Section 18, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended by the City for two, one-year terms if the Contractor's performance is satisfactory and it is in the interest of the City.

4. Payment.

A. Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services at the rates and in the manner set forth in Exhibit "B" (Schedule of Compensation) for a total base compensation not-to-exceed One Hundred Fifty Thousand Dollars ($150,000) per fiscal year.

This Agreement also includes a twenty percent (20%) contingency in an amount not-toexceed Thirty Thousand Dollars ($30,000) per fiscal year to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

In no event shall the total compensation paid to the Contractor exceed One hundred Eighty Thousand Dollars ($180,000) per fiscal year over the term of the Agreement.

Upon expiration of the term of the Agreement, if the term is extended (pursuant to Section 3 or otherwise), fees and rates may only be increased both pursuant to Section 20 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Los Angeles-Long Beach-Anaheim, CA) for the applicable period of time or 3 percent, whichever is less. City has no obligation or duty to provide any such increase. The total compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

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 -2-
the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.

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

6. Licenses; Standard of Care.

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

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

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

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

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

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

7. Legal Responsibilities.

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

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

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

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

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

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

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

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

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

A. General Obligations. Contractor agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an "lndemnitee" and collectively, "lndemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (each an "lndemnitor" and collectively, "lndemnitors") in connection with the performance of Contractor's Services, or arising from lndemnitors' reckless or willful misconduct, or arising from lndemnitors' negligent performance of or failure to perform the work, operations or activities provided -4-
herein, or any term, provIsIon, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein "Claims or Liabilities"), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of lndemnitees will reimburse and pay for all costs and expenses, including legal costs and attorneys' fees, incurred by lndemnitees in connection therewith; and, 2) Contractor will promptly pay and satisfy any judgment, award or decree rendered against lndemnitees, and reimburse lndemnitees for the cost of any settlement paid by lndemnitees, for any such Claims or Liabilities, and will save and hold lndemnitees harmless therefrom. 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 obligations 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(8)) 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 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 -5-
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.

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

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

C. Insurance Coverage. Prior to the commencement of any services hereunder, Contractor shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. -6-
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.

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

H. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
-7-
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 giving the Contractor ninety (90) days advance written notice of such change. If such -8-
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 -9-
registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

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

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

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

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

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

I. 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 -10-
obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

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

J. Debarment or Suspension. The Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777 .1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

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

L. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
M. Subcontractors. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written -11-
contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

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

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

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

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

17. Warranty.

A. Warranty Period. The work shall be warranted by Contractor against defective materials and workmanship for a period of one year. The warranty period shall start on the date the work is completed as determined by the Project Administrator. -12-
B. Commencement. The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Project Administrator in writing.

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

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

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

18. Termination.

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

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination as specified in the Notice of Termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.
-13-

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)

CITYWIDE ON-CALL PARKS, PLAYGROUNDS, AND AMENITIES MAINTENANCE,

REPAIR, AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into as of _____ _ ("Effective Date"), by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Zimprich Engineering, Inc., a California Corporation hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties".

Contractor's license number is 1031084 (A - General Engineering); Contractor's DIR registration number is 2000009406. 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 On-Call Parks, Playgrounds, and Amenities Maintenance, Repair, and Inspection Services.

B. The City circulated a Request for Proposals on February 25, 2026 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:

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.

4. Payment.

A Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services at the rates and in the manner set forth in Exhibit "B" (Schedule of Compensation) for a total base compensation not-to-exceed One Hundred Fifty Thousand Dollars ($150,000) per fiscal year.

In no event shall the total compensation paid to the Contractor exceed One hundred Eighty Thousand Dollars ($180,000) per fiscal year over the term of the Agreement.

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

6. Licenses; Standard of Care.

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

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.

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

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

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

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

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

13. Liability Insurance.

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

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 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.

14. State Labor Code; Prevailing Wage Requirements.

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.

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.

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 -10-
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.

17. Warranty.

18. Termination.

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

Attn: Brandon Zimprich
Address: 24835 E. La Palma Ave, Suite H
City, State, Zip Code: Yorba Linda, CA 92887

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

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

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

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

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

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

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

27. Authority to Sign. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
-15-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

ATTEST:

Marissa J. Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Scott C. Smith
City Attorney
"CITY"

CITY OF LAGUNA NIGUEL
By: - - --------- Tamara S. Letourneau
City Manager
"CONTRACTOR"
Zimprich Engineering, Inc., a California
Corporation
By:----- -------
Print Name:
---- --- -- Ti tie: -----------
By: - --------- --
Print Name:
- ---- ---- Tit I e: -------- ----
-16-

EXHIBIT II A II

SCOPE OF SERVICES
A-1

EXHIBIT A - SCOPE OF SERVICES

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 9 of 61 ends

The Contractor shall provide timely and responsive service upon request by the City, completing assigned tasks efficiently and to the satisfaction of the City's representative.

The City reserves the right to inspect all work performed and may require corrective action at no additional cost if services do not meet performance expectations or contract specifications.

Page 10 of 61 ends

CONTRACT TERM

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 11 of 61 ends

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.

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

Implementing these changes:

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

Page 12 of 61 ends

Proposal.

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

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

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

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

EQUIPMENT, MATERIALS AND VEHICLES

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 13 of 61 ends

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

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

LABOR

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

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.

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

Page 14 of 61 ends

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

PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision to ensure proper surveillance of workmanship and adherence to the project schedule.

Page 15 of 61 ends

alcohol or drugs on the premises or in the building(s). Neither shall the Contractpr allow the use of alcohol or drugs on the premises or the building.

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

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 16 of 61 ends

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS/CERTIFICATIONS
Required:
• B -General Building Contractor; or A -General Engineering Contractor Preferred:
• C-10 Electrical Contractor;

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.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 17 of 61 ends

SCHEDULES
DAILY SCHEDULE:

Emergency Work in unscheduled work that may be required during or after normal business hours, oh holiday or weekends. The Contractor must receive approval from the City prior to commencing any work.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 18 of 61 ends

PROSECUTION OF THE WORK

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.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 19 of 61 ends

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

PAYMENT

Email: [email protected]
The invoice shall include the following, and will only be approved for payment with the following information approved by a City representative:

Page 20 of 61 ends

PROPOSALFEESHEET:LABOR

RFP FOR CITYWIDE ON-CALL PARKS, PLAYGROUNDS, AND AMENITIES

MAINTENANCE, REPAIR, AND INSPECTION SERVICES
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name: Real Estate Consulting & Services, Inc.

Authorized Representative: Jeff Coss
Title: President
Email Address: [email protected]
Address: 216 Avenida Fabricante Suite 110
City, State, and Zip Code: San Clemente CA 92672
'
Telephone: 714-571-0175
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.

ON-CALL MAINTENANCE WORK
The Proposer shall complete the Proposal Fee Sheet as provided below for the cost of On-Call Maintenance services as described in the Scope of Services.

Bid Item Item Hourly Rate I or
Number Mark-up Rate
Cost of Labor for
1 Maintenance and Repairs $110 Per Hour
Cost of Labor for Emergency
$165
2 Maintenance and Repairs Per Hour
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 26 of 61 ends

Weekend / Holiday
Rate
$165 I Per
Hour
$165 I Per
Hour
3 Cost of Labor for Playground $165 I Per $110 Per Hour Safety Inspection Hour 4 Cost of Authorized
$10 % N/A
Equipment Rental mark-up above
rental cost*
$10 %
5 Cost of Parts and Materials mark-up above N/A
parts and material
cost*
*The rental and materials/parts invoice(s) must be provided for payment approval with each invoice and before payment is approved.

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

I
SITE SITE LOCATION NO.
1 Beacon Hill Park 24403 Beacon Hill Way
2 Bear Brand Park 32285 Park Road
3 Chapparosa Park 29151 Chapparosa Park Road
4 Clipper Cove Park 29325 Clipper Way
5 Crown Valley Park 29751 Crown Valley Parkway
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 27 of 61 ends

ONE TIME

INSPECTION
AMOUNT
$

75.00 $

75.00 $
150.00
$

75.00 $
150.00
6 Hidden Hills Park 27802 Springwood
7 La Hermosa Park 24462 La Hermosa Ave.
8 La Plata Park 25006 La Plata Drive
9 Marnia Hills Park 24802 Marina Hills Drive
10 Niguel Heights Park 27804 Niguel Heights Blvd.
11 Niguel Woods Park 29883 White Otter Lane
12 Ocean Breeze Park 32211 ½ Charles Road
13 Pare Vista Park 30618 Pare Vista
14 Rancho Niguel Park 28333 Crown Valley Parkway
(Behind Marian Bergeson Elementary School)
15 Reef View Node Park 29061 Ridgeview
16 Ridgeview Park 29061 Ridgeview
17 Seminole Park 30802 Seminole Place
18 Yosemite Park 24481 Yosemite Road
TOTAL
By: Date: 3/24/26
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 28 of 61 ends

50.00 $

75.00 $

50.00 $

75.00 $

75.00 $
1,450.00

EXHIBIT A - SCOPE OF SERVICES

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

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• Minimum of ten ( 10) full years of experience in similar work. • Work experience with Cities, Counties, or local government agencies. • Current or previous contract services amount to greater than $50,000 annually. • Adequate staffing and resources to perform multiple maintenance tasks concurrently and at various City sites.
• Qualified supervisory and field personnel with proven experience in tasks listed in this RFP.
• Ability to respond to emergency maintenance or repair requests within specified time frames.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 9 of 61 ends

The Contractor shall provide timely and responsive service upon request by the City, completing assigned tasks efficiently and to the satisfaction of the City's representative.

The City reserves the right to inspect all work performed and may require corrective action at no additional cost if services do not meet performance expectations or contract specifications.

Page 10 of 61 ends

work in accordance with the requirements, specifications, schedules, or quality standards outlined in this RFP and resulting agreement, the following shall apply. • The Contractor shall be notified verbally and in writing of specific areas of deficiency. A reasonable period, not to exceed 1 O business days, shall be granted to correct such deficiencies to the satisfaction of the City. • If deficiencies are not corrected within the specified time, the City may, at its sole discretion, withhold payment for the portion of work deemed unsatisfactory or incomplete.
• No payment shall be made for work that fails to meet professional quality standards, contractual specifications, or intended deliverables, as determined by the City.
• Continued deficient performance, failure to correct identified issues, or repeated non-conformance with specifications shall constitute grounds for termination of the contract for cause, without further liability to the City. • The Contractor shall perform any corrective work required to meet contractual standards at no additional cost to the City.

CONTRACT TERM

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

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 11 of 61 ends

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

Implementing these changes:

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

Page 12 of 61 ends

Proposal.

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

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

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

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

EQUIPMENT, MATERIALS AND VEHICLES

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 13 of 61 ends

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

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

LABOR

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

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.

Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City not more than fifty dollars ($25) for each labor, workman, or mechanic employed for each calendar day or portion thereof if such labor, workman, or mechanic is paid less than the general prevailing rate of wages 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.

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

Page 14 of 61 ends

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

PERSONNEL

SUPERVISOR
The Contractor shall provide adequate supervision to ensure proper surveillance of workmanship and adherence to the project schedule.

Page 15 of 61 ends

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.

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

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

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

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 16 of 61 ends

RESPONSIBILITIES OF THE CONTRACTOR

LICENSES/PERMITS/CERTIFICATIONS
Required:
• B -General Building Contractor; or A -General Engineering Contractor Preferred:
• C-10 Electrical Contractor;

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

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.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 17 of 61 ends

SCHEDULES
DAILY SCHEDULE:

Emergency Work in unscheduled work that may be required during or after normal business hours, oh holiday or weekends. The Contractor must receive approval from the City prior to commencing any work.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 18 of 61 ends

PROSECUTION OF THE WORK

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.

City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 19 of 61 ends

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

PAYMENT

Email: [email protected]
The invoice shall include the following, and will only be approved for payment with the following information approved by a City representative:

Page 20 of 61 ends

EXHIBIT "B"

SCHEDULE OF COMPENSATION
B-1
PROPOSALFEESHEET:LABOR

RFP FOR CITYWIDE ON-CALL PARKS, PLAYGROUNDS, AND AMENITIES

MAINTENANCE, REPAIR, AND INSPECTION SERVICES
To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name: ZIMPRICH ENGINEERING, INC.

Authorized Representative: BRANDON ZIMPRICH
Title: PRESIDENT
Email Address: [email protected]
Address: 24835 E LA PALMA AVENUE, SUITE H
City, State, and Zip Code: YORBA LINDA, CA 92887
Telephone: 714-312-0195
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.

ON-CALL MAINTENANCE WORK
The Proposer shall complete the Proposal Fee Sheet as provided below for the cost of On-Call Maintenance services as described in the Scope of Services.

Bid Item Item Hourly Rate I or
Number Mark-up Rate
Cost of Labor for
1 Maintenance and Repairs $115.00 Per Hour
Cost of Labor for Emergency $125.00
2 Maintenance and Repairs Per Hour
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 26 of 61 ends

Weekend / Holiday
Rate
$150.oq, Per
Hour
$ 150.oq, Per
Hour
3 Cost of Labor for Playground $150 per hour $ 115.00_ Per Hour Safety Inspection
4 Cost of Authorized
$10 % NIA
Equipment Rental mark-up above
rental cost*
$10 %
5 Cost of Parts and Materials mark-up above NIA
parts and material
cost*
*The rental and materials/parts invoice(s) must be provided for payment approval with each invoice and before payment is approved.

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

SITE SITE LOCATION NO.
1 Beacon Hill Park 24403 Beacon Hill Way
2 Bear Brand Park 32285 Park Road
3 Chapparosa Park 29151 Chapparosa Park Road
4 Clipper Cove Park 29325 Clipper Way
5 Crown Valley Park 29751 Crown Valley Parkway
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks. Playgrounds and Amenities Maintenance and Inspection Services

Page 27 of 61 ends

ONE TIME

INSPECTION
AMOUNT
$ 550
$ 550
$ 550
$ 550
$ 550
6 Hidden Hills Park 27802 Springwood
7 La Hermosa Park 24462 La Hermosa Ave.
8 La Plata Park 25006 La Plata Drive
9 Marnia Hills Park 24802 Marina Hills Drive
10 Niguel Heights Park 27804 Niguel Heights Blvd.
11 Niguel Woods Park 29883 White Otter Lane
12 Ocean Breeze Park 32211 ½ Charles Road
13 Pare Vista Park 30618 Pare Vista
14 Rancho Niguel Park 28333 Crown Valley Parkway
(Behind Marian Bergeson Elementary School)
15 Reef View Node Park 29061 Ridgeview
16 Ridgeview Park 29061 Ridgeview
17 Seminole Park 30802 Seminole Place
18 Yosemite Park 24481 Yosemite Road
TOTAL
By:

Signature of Re$(esentative
Date: 3/24/2026
City of Laguna Niguel - Public Works Department
RFP for Citywide On-Call Parks, Playgrounds and Amenities Maintenance and Inspection Services

Page 28 of 61 ends

$ 550
$ 550
$ 550
$ 550
$ 550
$ 550
$ 550
$ 550
$ 550
$ 550
$ 550
$ 550
$ 550
$ 9,900
EXHIBIT "C"

FORM OF PAYMENT BOND
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.

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.

PRINCIPAL'S 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)
C-3
Type or Print Name of Attorney-in-Fact:

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
C-5

Laguna Niguel City CouncilMay 5, 2026

Laguna Niguel City Council
May 5, 2026