Laguna Niguel City Council
June 16, 2026

To:

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: June 16, 2026
SUBJECT: Award of Maintenance Services Agreement to Bear Electrical Solutions, LLC for Citywide Traffic Signal and Streets Electrical Maintenance

RECOMMENDATION
Staff recommends that the City Council:

1. Award a Maintenance Services Agreement for Citywide Traffic Signal and Streets Electrical Maintenance to Bear Electrical Solutions, LLC in the not-to-exceed amount of $475,000 per year for Fiscal Years 2026-27 through 2028-29, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $95,000 per year for unforeseen conditions, emergency response services, or additional work, and authorize the Public Works Director/City Engineer to approve additional work with Bear Electrical Solutions, LLC, for a total not-to-exceed amount of $570,000 per year, if needed; and,

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

BACKGROUND
The City of Laguna Niguel maintains a transportation network of over 140 miles of roadway which includes a variety of arterial, collector, and residential streets. As part of its transportation network, the City maintains electrical traffic infrastructure including 78 traffic signals, approximately 300 street/safety lights, 12 flashing beacons, 8 radar speed feedback signs and associated components.

The City's electrical traffic infrastructure includes complex system wiring, computerized hardware and software, safety monitors, electrical battery backup systems, signal poles, traffic signal indications, intersection lighting, pedestrian push buttons, flashing beacons, Page2
and other electrical systems. This infrastructure requires monthly preventative maintenance and monitoring to ensure it is working effectively and efficiently. When issues arise, rapid response by a knowledgeable and experienced technician is essential to expedite repairs and maintain roadway safety.

Contracted services play a key role in the delivery of maintenance and special projects as they provide access to expert service that is efficient, responsive, and available as needed. In support of City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan, the Public Works Department relies on contracted services to maintain and repair the City's electrical traffic infrastructure. These services provide vital support by maintaining, troubleshooting, repairing, installing, and replacing key components that are integral to Citywide infrastructure.

On March 31, 2026, staff published a Request for Proposals (RFP), (Attachment A), to identify the most qualified contractor to provide Citywide Traffic Signal and Streets Electrical Maintenance services. The goal of the RFP was to award a contract to a qualified contractor to perform comprehensive maintenance services on the City's electrical traffic infrastructure to ensure roadway safety and to respond to requests for service quickly and efficiently. These services include preventative maintenance, on-call reactionary maintenance, traffic equipment modifications, and additional incidental preventative maintenance.

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

Table 1 shows the contractor evaluation ranking, contractor names, and the costs for base annual preventative maintenance services used in the evaluation.

Table 1:

Ranking I Contractor Name
I
Base Annual
Preventative
Maintenance Costs
1 Bear Electrical Solutions, LLC. (Recommended) $202,680 2 AMTEK Construction $340,404
3 YUNEX, LLC. $467,050
Page3
Pursuant to Laguna Niguel Municipal Code Section 3-6-9, maintenance contracts of an estimated expenditure of $50,000 or more must be awarded based on the responsiveness of the submitted proposals to the RFP, the qualifications and experience of the contractors, and cost. After a thorough review of the proposals received, and based on all relevant factors, staff believe Bear Electrical Solutions, LLC represents the best overall value to provide the Citywide Traffic Signal and Streets Electrical Maintenance services.

Bear Electrical Solutions, LLC is a commercial electrical contractor with a local/regional presence and has an extensive client list that illustrates their commitment to providing high quality municipal traffic signal and streets electrical maintenance services. They have over 10 years of experience in the electrical industry, currently provide similar services for City of Laguna Niguel, and references from nearby communities including the City of Mission Viejo, City of Orange, and City of Tustin have confirmed the contractor has met or exceeded expectations.

Table 2 shows the base preventative maintenance costs with Bear Electrical Solutions, LLC, additional estimated preventative maintenance services, and estimated modification and on-call reactionary maintenance services. These totals are based off historical needs for maintenance and related services.

Table 2:

Additional
Base Annual Estimated Estimated Estimated Total Preventative Incidental Equipment On-Call Estimated Maintenance Preventative Modification Reactionary Services Costs Maintenance Services Maintenance Services
$202,680 $50,000 $70,000 $150,000 $472,680
Staff recommends that the City Council award a Maintenance Services Agreement to Bear Electrical Solutions, LLC in the not-to-exceed amount of $475,000 per year for Fiscal Years 2026-27 through 2028-29, subject to extension administratively for two additional one-year periods. In addition, the Agreement with Bear Electrical Solutions, LLC will include a 20% contingency of the total contract in the not-to-exceed amount of $95,000 per year for unforeseen conditions, emergency response services, or additional work, if needed, for a total not-to-exceed amount of $570,000 per year. The Maintenance Services Agreement with Bear Electrical Solutions, LLC can be found as Attachment "C".

ALTERNATIVES CONSIDERED

1. The City Council may direct staff to reject all proposals and rebid the RFP for Citywide Traffic Signal and Streets Electrical Maintenance. Staff believe that rebidding the RFP will not result in lower bids.

2. The City Council may decide not to award a Maintenance Services Agreement to Page4
Bear Electrical Solutions, LLC for Citywide Traffic Signal and Streets Electrical Maintenance. This alternative is not recommended because the City would be without any contracted support to address traffic signal and streets electrical maintenance needs, causing safety concerns within the City's roadway network.

FISCAL REVIEW
The adopted Fiscal Years 2025-27 Public Works Department operating budget includes sufficient funds for the Citywide Traffic Signal and Streets Electrical Maintenance services. Funding for the remaining years of the Agreement term will be included in future budget cycles.

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

CONCLUSION
Staff recommends that the City Council:

1. Award a Maintenance Services Agreement for Citywide Traffic Signal and Streets Electrical Maintenance to Bear Electrical Solutions, LLC in the not-to-exceed amount of $475,000 per year for Fiscal Years 2026-27 through 2028-29, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $95,000 per year for unforeseen conditions, emergency response services, or additional work, and authorize the Public Works Director/City Engineer to approve additional work with Bear Electrical Solutions, LLC, for a total not-to-exceed amount of $570,000 per year, if needed; and,

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

Tamara
~~~Q~ S. Letourneau
City Manager
Jacki Scott
Public Works Director/ City Engineer
Jeff Metz
Streets aintenance Superintendent
Attachments:

Scott C. Smith
City Attorney
Kevin Tobin
Maintenance Services Manager
A. RFP for Citywide Traffic Signal and Streets Electrical Maintenance B. Proposals Evaluation Summary
C. Maintenance Services Agreement with Bear Electrical Solutions, LLC Page5

ATTACHMENT A
RFP for Citywide Traffic Signal and
Streets Electrical Maintenance

CITY OF LAGUNA NIGUEL

REQUEST FOR PROPOSALS

CITYWIDE TRAFFIC SIGNAL AND

STREETS ELECTRICAL MAINTENANCE
Proposals must be received by:

Due Date: April 24, 2026
At5:00 P.M.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

TABLE OF CONTENTS
INSTRUCTIONS TO PROPOSERS ... .. .................... ............... ..... .................. ................... 3 RFP INQUIRY FORM ............... .. ........... ... .... ............ ............... .. .. ............... .. ................. .. 28 RESPONSES TO SCOPE OF SERVICES ....................... ... .. ........ .... .. ... ... .... ............. .. .. . 29 PROPOSAL FORM .............. ......................................... ............................. .. .................... 30 PROPOSAL FEE SHEET: LABOR .......... ........................................................ ................ 32 SUBCONTRACTORS ...... .. .. ................... ................... ................... .................... ... ............ 34 QUESTIONNAIRE: FIRM INFORMATION .... ............. .............. ....... .... ... ... ... ..... .. ..... ........ 35 ORGANIZATION CHART ....................... ................................................................ .. ....... 37 QUESTIONNAIRE: FIRM EXPERIENCE ...................................... .................................. 38 QUESTIONNAIRE: FIRM PERSONNEL ................... ................ .. ................... ................. 40 QUESTIONNAIRE: EQUIPMENT ........ ... ................. ... .......... ........ .. ................................. 41 QUALITY CONTROL PLAN ........ .... .. ...... .. ... ... ... .. .. .. .. ... ................ ..... .... .. .. ... .. ............ ..... 42 QUESTIONNAIRE: SUPPORT FACILITIES .............. ................. ... ................. ................. 43 QUESTIONNAIRE: COMPANY FINANICAL CONDITION ........ .... .................. ................ 44 PROPOSAL AFFIDAVIT .. .............................................................................. .................. 45 PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS .......... ... ... .......................... 46 STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS .. ......... ......... ... ... 47 WORKERS' COMPENSATION INSURANCE CERTIFICATE .......................... .... ........... 48 EXHIBIT B - SCOPE OF SERVICES ... ................... ...................................... ................... 50 EXHIBIT C - BID DEFINITIONS .............. ...................................... ................................. . 80 BASE BID ITEMS-Bl-MONTHLY PREVENTATIVE MAINTENANCE SERVICES . 81 Bid Item 6 - On-Call and Emergency Response Services, Modification Services, and Additional Work ......................................................................................................... 83 Bid Item 7 - Underground Service Alert (USA I Dig Alert) Ticket Processing and Mark out. .. ...... ..... ................ ... .. .... .. ............ .......... ........... ... .............. .. .... ... .. ......... .............. 84 ADD ALTERNATE 1 BID ITEMS - MONTHLY PREVENTATIVE MAINTENANCE SERVICES ... ................... ...................................... .................................................... 85 EXHIBIT D- BASE BID & ADD ALTERNATE PROPOSAL FORM ................................. 87 EXHIBIT E - SAMPLE MAINTENANCE SERVICES .. .... ....... ......... ... ..... ........................ .. 93 AGREEMENT .... .. ... ... ... .......... ... ... ..... .. .. ........ .. ....... ..... .... ... .... .... ...... .. .... ...... .... .... .... ....... 93 City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

INSTRUCTIONS TO PROPOSERS

1. Purpose. The City of Laguna Niguel ("City") is seeking proposals for Citywide Traffic Signal and Streets Electrical Maintenance for the City of Laguna Niguel as described in the Exhibit A - Scope of Services.

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

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

3. California Department of Industrial Relations (DIR) Requirements. The Bid Proposal of a Bidder who is not a DIR Registered Contractor when the Bid Proposal is submitted will be rejected for non-responsiveness.

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

5. Examining of Proposal Documents.

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

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

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

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

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

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

F. No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed to any fact or City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

6. 7.

8. 9.
condition.

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

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

Availability of the RFP Document. The RFP document is available on Planetbids.com. The City is not responsible for the accuracy or completeness of RFP documents obtained from any source other than Planetbids.com.

RFP Schedule. The City reserves the right to modify this RFP Schedule as needed and will issue an addendum, if the Schedule is modified for the deadline to submit the Response. The following is an outline of the anticipated schedule for proposal review and contract award:

Milestone Tentative Target Dates
City Release of RFP March 31, 2026
Pre-Bid Meeting & Job Walk
N/A
Final Questions Due No Later than 5:00 P.M.
*Must use Attachment X - RFP Inquiry Form April 9, 2026 Addendum Issuance 5:00 P.M.

April 14, 2026
Proposal Due
Citywide Traffic Signal & Streets Electrical 5:00 P.M.

Maintenance April 24, 2026
Notification of Selection May 1, 2026
Tentative Contract Approval by City Council May 2026
RFP Questions and Inquires. Questions and Inquires must be presented on the RFP Inquiry Form (enclosed herein) and submitted to PlanetBids.com on or before the final questions due date and time.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

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

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

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

11. Mandatory Job Walk
A Not applicable

12. Submittal of Proposals.

Bids shall be submitted through the City's electronic procurement system (PlanetBids). Any Bid which is attempted to be delivered, or which is received after the stated time shall be deemed non-responsive and rejected. The Bidder shall have the sole and exclusive responsibility for ensuring that a Bid is received by the time stated herein. Any Bid that is incomplete, unclear, or that fails to fully comply with the applicable requirements set forth herein, including, but not limited to, use of the forms provided by the City, may be rejected as non-responsive.

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

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

B. No FAX submittals will be accepted.

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

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

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

EVALUATION CRITERIA POINTS
Cost to the City.

This portion of the proposal will be evaluated based on the reasonableness of the proposed costs. Costs will be assessed by comparing them to amounts the City or other comparable public 30 agencies have paid for similar services, as well as industry-standard and customary rates for the scope of services proposed.

Completeness of the proposal:
• Answer all questions and complete all forms as provided in this RFP. 15
• Submit in an organized fashion as required under Response to the Scope of Service.

Qualifications & Experience:
• Firm Experience & Performance* 30
• Firm Personnel
• References
Quality of Goods and Support Facilities
• Firm Capacity & Organization 20
• Equipment and Supplies
• Support Facilities
Proposer's financial stability. 5
In order to allow staff to accurately and fairly evaluate the proposal, the attached questionnaire must be completed and returned with the proposal package. Failure to submit this questionnaire in its entirety will result in the disqualification of your proposal.

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

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

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

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

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

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

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

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

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

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

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

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

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

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

E. Proposals submitted are not to be copyrighted.

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

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

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

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

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

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

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

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

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

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

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

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

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

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

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

D. The selected contractor will be required to register with myCOI (mycoitracking.com) and upload copies of its insurance documentation following award.

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

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

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

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

29. Public Records. Each Contractor is hereby informed that, upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City. Unless otherwise compelled by a court order, the City will not disclose any proposal while the City conducts its deliberative process in accordance with the procedures identified in this RFP. However, after the City either awards an agreement to a successful Contractor, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code sections 6250, et seq.), unless there is a legal exception to public disclosure.

END OF INSTRUCTIONS TO PROPOSERS
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

GENERAL PROVISIONS

INTRODUCTION
The City currently maintains and operates seventy-eight (78) signalized intersections. All traffic signal equipment has been designed to County of Orange standards and has been inspected by both County and City inspectors. The City also maintains and operates eight (8) specific radar feedback sign facilities of them four are FORTEL radar signs.

Since 2006, the City has systematically upgraded its traffic signal controllers. All controllers were initially replaced with Econolite ASC/2 units. Beginning in 2013, arterial intersection controllers were upgraded to Econolite ASC/3 units, followed by the deployment of Econolite Cobalt controllers starting in 2019. The local controllers are interconnected with master controllers and can be accessed remotely via telephone modems. The City utilizes Econolite's ARIES and CENTRACS software platforms to monitor and manage the traffic control system. Signal programming and timing are maintained by a separate specialized contractor.

QUALIFICATIONS
The Contractor shall possess and maintain during the entire duration of the Agreement a valid California Contractors State License Board Class C-10 license. The following minimum qualifications are desired:
• Minimum of ten (10) full years of similar work.
• Work experience with Cities, Counties, and other local government agencies; and • Contract services in an amount greater than One Hundred Thousand Dollars ($100,000) annually.

SERVICES TO BE PROVIDED
General Description
The traffic signal maintenance contractor ("Contractor") shall perform routine scheduled maintenance, extraordinary and emergency repairs, and technical support for the City of Laguna Niguel's ("City") traffic signal systems, interconnect, flashing warning lights, illuminated street name signs, intersection safety lighting, City-owned streetlights, and all appurtenant equipment. The Contractor shall furnish and have available all required tools, equipment, apparatus, facilities, skilled labor, services, and materials necessary to perform all work required to maintain the traffic signal facilities in a good and workmanlike manner in accordance with the proposal and the defined scope of work.

Traffic signal systems shall include, but not be limited to, all traffic signal indications, traffic signal controllers, electrical service, battery back-ups, electrical or mechanical traffic control devices, traffic poles, emergency vehicle pre-emption equipment, interconnect systems, cabinets, splice pedestals, streetlights, and all related hardware at all City City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

signalized intersections.

The Contractor shall maintain the traffic signal systems so as to eliminate or reduce the incidence of malfunctions, reduce operational complaints, and keep all equipment in proper working order. Normal working hours for maintenance shall be 7:00 a.m. to 5:00 p.m., Monday through Friday. In addition, the Contractor shall provide twenty-four (24) hour on-call response to the City's requests for maintenance and repair services. Routine responses during normal working hours and maintenance requiring scheduled night work shall be considered normal scheduled maintenance. All extraordinary and emergency work performed outside normal working hours and on holidays shall be paid at the approved overtime rates.

All City intersections covered by this agreement shall be regularly patrolled by the Contractor or its representative, with verified inspections performed per an established checklist. The Contractor shall recognize that these traffic signals, warning devices, and highway safety lighting are critical safety devices for the public, and a timely response to all requests with prompt completion of repairs is imperative.

Reference Specifications
All signal work shall be performed in strict accordance with the latest editions of the following standards and specifications:
• California Department of Transportation (Caltrans) Standard Specifications • Caltrans Standard Plans
• California Manual on Uniform Traffic Control Devices (CA MUTCD) • "Greenback" Standard Specifications for Public Works Construction • Current City Standard Plans
All work performed, and all equipment, materials, or parts supplied by the Contractor, shall comply with applicable Federal and State standards, the approved plans and proposals, and the contract documents, and shall be subject to inspection and approval by the City, its Director of Public Works, or the Director's authorized representative.

Failure to pass inspection on any maintenance, repair, or service item will result in nonpayment for that item until the Contractor completes the corrective work to the City's satisfaction.

This Scope of Services shall amend "The Greenback" PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS, SECTION 701 - CONSTRUCTION.

DESCRIPTION OF SERVICES
Maintenance of Existing and Temporary Streetlighting and Traffic Signal Systems City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

The Contractor shall maintain all existing and temporary street lighting and traffic signal systems during the progress of the Work.

Communication and Responsiveness
The Contractor shall maintain responsive staffing and communication systems sufficient to efficiently process work requests, document work performed, submit billing reports, and respond to maintenance history inquiries.

The Contractor shall maintain a single, attended local telephone number (answered by a real person) that is available twenty-four (24) hours per day, seven (7) days per week for maintenance and repair requests. Upon receipt of a service request from the City:
• During normal working hours, qualified personnel and equipment shall arrive on site within one (1) hour.
• During non-working hours, qualified personnel and equipment shall arrive on site within two (2) hours.

The Contractor shall provide all supervisors and technicians with mobile communication devices that enable the City to contact them directly by phone or email while in the field.

Technicians shall be equipped with digital cameras to document damage, equipment inventories, repairs, and other conditions as requested by the City.

The Contractor shall subscribe to Underground Service Alert (USA) online interconnect notifications and shall provide timely positive responses for identification of underground City facilities. The Contractor shall also maintain active membership and staff training with the City's electronic locating service provider, Norfield Locator Logix, or an approved equivalent.

Notifications and Coordination
The Contractor shall provide written notification to the City within one (1) business day of any alteration to the operation of a traffic signal or the installation, removal, or replacement of any IP/network-addressable component, including but not limited to traffic signal controllers, CCTV cameras, video detection processors, battery backup system inverters, conflict monitors, accessible pedestrian signal central control units, or similar devices.

The Contractor shall notify the City and Laguna Niguel Police Services (Orange County Sheriff's Department) and obtain prior authorization from the City before shutting down any traffic signal, unless an immediate shutdown is critically necessary to restore safe operation.

Facilities, Equipment, and Personnel
The Contractor shall maintain and provide sufficient facilities, personnel, vehicles, and equipment necessary to perform all required services under this contract. The Contractor City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

shall maintain accurate records of all activities, maintenance, discoveries, and work performed.

The Contractor shall maintain local facilities that provide assigned personnel with ready access to all required tools, spare equipment, skilled labor, and materials. Vehicles shall be stocked with sufficient components, supplies, and materials to promptly restore traffic control systems to proper working order, including but not limited to:
• Traffic signal controllers
• Power supplies
• Conflict monitor units
• Detector amplifiers
• Isolators
• Flasher units
• Load switches
• LED vehicle indications
• LED pedestrian modules
• LED safety lights
• Signal visors
• Backplates
• Duct seal
• Electrical splicing materials
• Wire
The Contractor shall maintain dedicated lab testing and repair facilities staffed with qualified personnel capable of performing inspection, testing, and calibration of all necessary components. All testing procedures and facilities shall meet or exceed the requirements of the California Department of Transportation (Caltrans) specifications and the applicable manufacturers' specifications.

The Contractor shall provide safe equipment and implement appropriate traffic control measures during the performance of all work. Traffic control shall conform to the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the WATCH Manual, unless otherwise directed by the City. For routine work lasting less than one (1) hour where Contractor vehicles are temporarily positioned in a bicycle lane, a minimum of five (5) cones shall be used.

Personnel
The Contractor shall provide at least one (1) full-time Transportation System Electrician dedicated to performing the services under this agreement. All Transportation System Electricians assigned to the Work shall meet the following minimum qualifications:
• Certified or licensed in accordance with the State of California requirements for electrical workers.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Certified as a Traffic Signal Field Technician, Level II or higher, by the International Municipal Signal Association (IMSA).
• Trained and experienced in the operation and repair of NEMA TS2 Type P traffic signal cabinets and the following traffic signal controllers (including but not limited to): Econolite ASC/2, Econolite ASC/3, Econolite Cobalt, and Q-Free XN-2.

The Contractor shall also furnish qualified support personnel of the appropriate craft to perform work that does not require a certified Transportation System Electrician, such as lamp replacements, lens cleaning, Underground Service Alert (USA) responses, painting, inspections, and other similar tasks.

All personnel shall be certified in IMSA Work Zone Safety and trained in Equal Employment Opportunity policies. All personnel shall conduct themselves in a respectful and professional manner while performing work for the City.

Operators of aerial lifts, cranes, and forklifts must possess current certifications and comply with all applicable OSHA and Cal/OSHA requirements.

The City reserves the right to review and confirm the Contractor's personnel assignments.

Upon request by the City, the Contractor shall immediately remove and replace any personnel whose performance or conduct is deemed unacceptable by the City or fails to meet the standards set forth in this agreement.

Records and Documentation
The Contractor shall maintain complete and accurate records of all maintained locations, service calls, and work performed. Records shall include the date, time of day, and detailed description of the work completed. The Contractor shall provide these records to the City upon request and as otherwise required herein.

The Contractor shall maintain a comprehensive maintenance inventory of all equipment covered under this agreement, including but not limited to traffic signal indications, signal heads, framework, pedestrian modules, vehicle detectors, and push button assemblies.

At each location, the Contractor shall maintain a separate, dedicated record documenting all maintenance, inspections, and repairs. All entries shall be made on a standardized form, written legibly in permanent ink, entered in chronological order, and include the initials of the person making the entry.

The Contractor shall clearly mark every replaced component with the month and year of installation using a permanent marker of contrasting color or a permanently affixed label.

The marking shall be placed so that the installation date is easily visible while the component is in its installed position.

The Contractor shall submit a detailed monthly report accounting for all work hours of staff assigned to the City. The report shall identify all assignments performed under the City's City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

scope of work and clearly separate any shared time spent on other contracts. The monthly report shall distinctly separate preventative maintenance services from on-call and modification services, and shall include at minimum the following information:
• Location
• Date and time of service
• Reason for the service
• Type of service (preventative, on-call, or modification) • Status of work (complete, pending, or temporary) and, if applicable, the estimated date for final repairs
• Name of the City representative who requested the work • Name of Contractor staff member(s) performing the work • Number of hours spent and the quantity and type of materials used • Underground Service Alert (USA) activity and responses The Contractor shall maintain copies of all necessary City records (including as-built documentation, interconnect plans, utility maps, and street light locations) for work planning, maintenance, and utility marking purposes. The Contractor shall promptly notify the City of any discrepancies or corrections needed to these records.

The Contractor shall maintain detailed records of all Underground Service Alert (USA) requests received, including field activities and positive responses. These records shall include, at minimum, the date the USA marking request was issued by the City, the USA ticket number, location, and actions taken. The Contractor shall photograph all marking activities and provide these photographs to the City on a monthly basis.

Warranty
Unless otherwise specified, all work, repairs, and modifications performed under this agreement shall include a one (1) year warranty against defects in materials, labor, and installation. During the warranty period, the Contractor shall coordinate any necessary warranty repairs with the manufacturer and/or installer and shall immediately notify the City of any delays in responding to a warranty request.

Any repeat repair for the same condition or failure at the same location within one (1) month of completion of the previous repair shall be performed at no additional cost to the City.

For any component replaced that carries a factory-supported warranty, the Contractor shall promptly provide the City with all documentation required by the manufacturer to submit a warranty claim, including but not limited to receipts, proof of purchase, and evidence of professional installation.

In addition to any other warranties provided by this agreement (expressed or implied), the Contractor warrants the following for the full duration of the agreement:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Signal and Lighting Components: If any traffic signal indication, pedestrian module, luminaire, light bulb, IISNS lamp, safety light, or LED lamp installed under this agreement fails or shows evidence of failure - including but not limited to dark indication, countdown timer failure, 80% or less of original light output, visible flashing or flickering, faded lens, or any other deviation from the manufacturer's specifications - the Contractor shall replace the component to the City's satisfaction at no additional cost.
• Batteries: If any battery installed under this agreement shows evidence of leaking, corrosion, bulging, or otherwise fails to meet the manufacturer's specifications, the Contractor shall replace the defective battery and all other batteries at that same location to the City's satisfaction at no additional cost. • Painted and Retroreflective Surfaces: If any painted surface, sign, or retroreflective material installed or repainted under this agreement fails or shows evidence of failure - including but not limited to faded color, bubbled paint, peeling material, environmental damage, or discoloration - the Contractor shall repaint or replace the affected component to the City's satisfaction at no additional cost.

Working Hours
• Normal working hours shall be Monday through Friday, 7:00 a.m. to 5:00 p.m., unless otherwise approved in advance by the City.
• Any emergency work performed outside these normal working hours (including weekdays from 5:00 p.m. to 7:00 a.m., or on weekends and holidays) shall be charged at the applicable overtime rate.
• The City may also require the Contractor to perform extra work or additional repairs at any time, subject to the terms of this agreement.

Labor Strike: The Contractor is responsible for providing continuous, uninterrupted maintenance services for all traffic signals and street lighting systems in the City. In the event of a labor strike, the Contractor shall, at its own expense, provide alternative means to deliver comparable service levels as if no strike had occurred. Failure to do so shall allow the City to take whatever actions it deems necessary to maintain service, with all resulting costs borne by the Contractor.

Permits and Licenses: The Contractor shall obtain all necessary permits and licenses, pay all associated charges and fees, and provide all required notices for the lawful prosecution of the work. No permit or license fees shall be charged to the City for Cityrelated projects.

Patents: The Contractor shall assume all responsibility and liability arising from the use of any patented materials, equipment, devices, or processes incorporated into the work.

Coordination: The City's project administrator shall be the Street Maintenance Superintendent. The Contractor and the City's project administrator shall meet monthly to schedule and coordinate current and upcoming work.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

PERFORMANCE STANDARDS
All services performed under this Agreement shall meet professional standards of quality, safety, and workmanship consistent with municipal electrical maintenance and care. All work shall be performed in accordance with the most recent edition of the Standard Specifications for Public Works Construction ("The Greenbook").

The Contractor shall provide timely, professional, and responsive services upon request by the City. All assigned tasks shall be scheduled promptly, performed efficiently, and completed to the satisfaction of the City's authorized representative. The Contractor shall maintain adequate staffing levels and coordination to ensure uninterrupted service and minimal disruption to City operations.

Upon completion of each task, all work areas shall be left in a clean, orderly, safe, and fully functional condition. The Contractor shall remove all debris, excess materials, and tools from the site and restore affected areas to their original or better condition. All repairs, maintenance, and inspections shall be performed by qualified, trained, and properly licensed personnel using appropriate tools, equipment, and materials of equal or superior quality to existing components.

All work shall be performed in accordance with applicable federal, state, and local laws, regulations, safety standards, building codes, and manufacturer specifications. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) requirements and shall be solely responsible for maintaining a safe work environment.

The City reserves the right to inspect all work performed at any time. If any services, materials, or workmanship fail to meet the performance standards, contract specifications, or the satisfaction of the City's representative, the Contractor shall promptly take corrective action at no additional cost to the City. Failure to correct deficiencies within a reasonable timeframe may be considered a breach of contract.

DEFICIENT PERFORMANCE
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 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 five (5) 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.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• 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 Term This contract shall be for an initial period of three (3) years from the date of award, subject to renewal for two (2) additional one-year periods. Upon recommendation by the City that the Contractor has fully complied with the contract requirements and that continuation is in the best interest of the City, a request will be submitted to the City Manager for contract extension. The total term of the contract shall not exceed five (5) years.

Cost Adjustment The Contractor may apply for a cost adjustment after the initial threeyear term. For any rate adjustment to be considered, the Contractor must be in full compliance with all performance standards established by this Contract.

Any request for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the current contract period. Proposed price adjustments shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) for the Los Angeles-Riverside-Orange County, CA area, All Items (not seasonally adjusted), using the annualized change comparing the original proposal month and the same month in the subsequent year (available at www.bls.gov).

The Contractor will be notified of the City's intention to extend the contract at least thirty (30) calendar days prior to the expiration date of the contract.

Ninety Calendar Days Extension Option Notwithstanding the foregoing, the City reserves the right, in its sole discretion, to extend the service agreement for a maximum of ninety (90) calendar days beyond the last (fifth) year of the term.

Suspension For reasons including, but not limited to, renovation/refurbishment or extreme damage, it may not be possible to continue work on areas originally included in the contract. In such cases, the work in these areas may be suspended until the area is again in condition for maintenance operations to resume. 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 by action of public, Federal, or State authorities. At such time, the scope of work and areas under contract will be revised and reduced commensurate with the available funding. Adjustment of the contract specifications and corresponding contract prices will be negotiated in accordance with available funding.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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 frames, it may not always be possible to have the actual change order delivered 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 where 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 shall be for clarity or of a minor nature with no impact on contract costs. These changes must be accepted by both the Contractor and the City.

Changes in contract specifications with a corresponding change in compensation shall be those where a change in the Scope of Work is necessary, including but not limited to additions, deletions, new work, and special requirements. These changes must be mutually acceptable to both the Contractor and the City.

Implementing Changes

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

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

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

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

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

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

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

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Working Hours Normal working hours shall be 7:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise approved by the City.

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

A Schedule Changes by the City. Changes or variations in scheduling may be necessary due to City special events, Public Works projects, or other maintenance projects outside of this contract. The Contractor shall adapt any or all schedules to the City's requests with no penalty or additional charge to the City. A minimum of forty-eight (48) hours' notice will be provided by the City in such cases.

B. Schedule Changes by the Contractor. If the Contractor chooses to change its schedule, it must produce a new schedule that is approved by the Director of Public Works prior to implementation. The Contractor shall submit any revised schedules immediately when actual performance will differ from planned performance, and in no event less than forty-eight (48) hours in advance of any change.

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

Exception to the Schedule The Contractor shall notify the Maintenance Services Manager or designee when work has been stopped due to weather, equipment breakdown, or for any other reasons.

A Inclement Weather. When inclement weather prevents adherence to the regular scheduled work, the Contractor shall not be required to comply with the schedule. Work will be rescheduled in agreement with the Maintenance Services Manager or designee.

B. Other than Inclement Weather. In the event the Contractor is prevented from completing scheduled work because of equipment breakdown or other reasons (excluding inclement weather), the Contractor shall complete the deferred work as soon as possible.

C. City Holidays. The Contractor shall observe all legal City holidays with no deduction in payment for services not provided on such holidays:
• New Year's Day
• Martin Luther King, Jr. Day
• Presidents' Day
• Memorial Day
• Independence Day
• Labor Day
• Veterans' Day
• Thanksgiving Day
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Day after Thanksgiving
• Christmas Eve Day
• Christmas Day
• Day after Christmas
• New Year's Eve Day
The Contractor shall schedule work around these holidays without interrupting or interfering with the public's right of way. Any work not completed must be protected to allow safe access for the public and City staff.

Coordination with Other City Programs This contract requires the Contractor to establish and maintain good working relationships with various work units in the City. The Contractor shall be responsible for cooperating and coordinating with related City programs.

Emergency Service The Contractor shall provide a 24-hour telephone number for emergency callout service. The Contractor shall also provide the City with the names and telephone numbers of at least two (2) qualified persons who can be contacted when emergency maintenance conditions occur outside normal working hours. These representatives shall respond to emergencies within one (1) hour.

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

As Needed Services (Extra Work) Under ordinary conditions, payment will not be authorized for additional work unless the work and associated costs are first approved in writing by the City.

As-needed services for miscellaneous extra work shall include, but not be limited to, those items approved in advance. The Contractor shall obtain written approval from the Maintenance Services Manager prior to proceeding with any extra work (except emergency work). The Contractor shall submit a written proposal when extra work is required or requested. The City reserves the right to have any extra work completed by other contractors or City forces. All extra work shall not interfere with or reduce normal maintenance schedules or activities.

EQUIPMENT, MATERIALS AND VEHICLES
Vehicles/Equipment The Contractor's work vehicles and equipment shall be maintained and operated in conformance with the highest professional standards, both aesthetically and operationally, so as not to delay or impact working schedules.

Vehicle Logo The Contractor shall display the name of the firm on any vehicles used to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from fifty (50) feet, along with the office telephone number. All vehicles shall also have a mechanically or magnetically attached sign on each side reading: "Under contract City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

with the City of Laguna Niguel."
Equipment Noise City noise level requirements shall apply to all equipment on the project, including but not limited to trucks or transient equipment.

Water Usage The Contractor is responsible for all water used for construction methods and equipment. The Contractor shall contact Moulton Niguel Water District to obtain a water meter and shall endeavor to conserve water and avoid waste in all operations.

Discharge of non-stormwater into the storm drain system is strictly prohibited per Stormwater and Runoff Pollution Control Regulations and the Federal Clean Water Act.

Damages The Contractor shall report without delay any damage to City equipment, City property, or private property. The Contractor shall be liable for all damages caused by its actions. Any repairs and associated costs resulting from Contractor-caused damage shall be the responsibility of the Contractor.

Spills The Contractor shall be responsible for promptly cleaning up any spillage of cleaning solvents, primer, paint, or residual debris. In the event of a spill, work shall stop immediately and the area shall be cleaned within two (2) hours. If the Contractor fails to execute proper cleanup, any costs incurred by the City to do so will be deducted from the Contractor's next invoice.

LABOR
Labor Code The Contractor shall comply with all applicable requirements of the California Labor Code.

Prevailing Wage The Contractor shall pay the prevailing rate of wage for the work described in the Contract's scope of work and ensure full compliance with state prevailing wage law. Wages shall be adjusted annually, after the first year of the Contract, to reflect increases in applicable prevailing wage rates.

Travel and Subsistence Payments The Contractor shall pay travel and subsistence payments to workmen as defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8 (if applicable).

Workers' Compensation In accordance with Section 3700 of the Labor Code, the Contractor shall secure payment of Workers' Compensation for its employees and shall supply the certificate required by Section 1861.

Fair Employment Practices The Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, national origin, or age. The Contractor shall permit access to its records by the Fair Employment Practices Commission for investigation of compliance. Non-compliance may result in forfeiture of One Hundred Dollars ($100.00) per calendar day per affected person City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

pursuant to Labor Code Sections 1735 and 1775.

Records The Contractor shall maintain accurate records showing each employee's name, employee number, classification, actual hours worked, and actual wages and benefits paid. These records shall be available upon request of the City and retained for a minimum of three (3) years.

PERSONNEL
Supervisor The Contractor shall provide adequate supervIsIon to ensure proper surveillance of workmanship and adherence to the schedule. The field supervisor or representative shall check with the Department of Public Works weekly regarding (1) schedule of work, (2) complaints, and (3) adequacy of performance.

General Employee Guidelines No workman shall be employed who is found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the Maintenance Services Manager, shall be discharged immediately and not reemployed on the work.

Background All personnel shall be employees of the Contractor and shall possess sufficient experience and reliability to perform the work.

Conduct No person shall be employed who is incompetent, disorderly, troublesome, under the influence of alcohol or drugs, or who fails to perform the work properly. Any objectionable person shall be discharged immediately and not re-employed.

Health All personnel shall be in good health and free of contagious diseases. The Contractor shall not allow any person under the influence of alcohol or drugs on the premises, nor permit the use of alcohol or drugs on the premises.

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

Backup Staff The Contractor shall provide sufficient backup staff to cover absenteeism or to extend existing workforce hours. Backup staff shall meet the same background and security screenings as regular staff. The City reserves the right to request additional backup staff as necessary.

Replacing Key Personnel Key personnel assigned to this contract shall not be removed or replaced without written notice to the City. If key personnel are unavailable for more than thirty (30) calendar days or are expected to devote substantially less effort than anticipated, the Contractor shall immediately notify the City and, subject to City concurrence, replace them with personnel of equal ability and qualifications. The Contractor shall remain responsible for adherence to schedules, maintenance or City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

replacement of equipment, notification of changes, and training of new personnel.

Non-Discrimination The Contractor shall not discriminate in employment on the basis of race, color, national origin, ancestry, sex, or religion. Violation may result in penalties under Labor Code Section 1735.

Removal of Items Contractor employees shall not remove any items from job sites except those specifically authorized in writing by the City of Laguna Niguel.

Training The Contractor shall maintain an ongoing training program for all staff and shall provide only fully trained personnel.

Prosecution of the Work
Subcontracts The use of subcontracts shall be in accordance with Sections 4100 through 4113 of the Government Code. The Contractor shall be fully responsible for all work performed and shall maintain direct control over the work. Subcontractors shall be under the direct supervision of the Contractor and treated as its employees. Any objectionable subcontractor shall be discharged immediately. The City will not arbitrate disputes between the Contractor and subcontractors.

Assignment No contract or portion thereof may be assigned without prior written consent of the City. The Contractor may assign monies due under the contract, subject to all proper withholdings and deductions.

GENERAL ENVIRONMENTAL REQUIREMENTS
Sound Control The Contractor shall comply with all State, County, and local sound control and noise ordinances. Each internal combustion engine shall be equipped with a manufacturer-recommended muffler. Noise levels between 8:00 p.m. and 7:00 a.m. on weekdays (including Saturdays) or at any time on Sundays or City holidays shall not exceed 86 dBA at fifty (50) feet, in accordance with the Laguna Niguel Municipal Code.

Air Pollution The Contractor shall comply with all air pollution control rules, regulations, ordinances, and statutes per Government Code Sections 11017 and 14381 .

Water Conservation Water usage shall be minimized wherever possible. All irrigation and water supply systems shall be maintained in good working condition with leaks repaired promptly.

Water Pollution The Contractor shall comply with the City of Laguna Niguel Local Implementation Plan and implement all appropriate Best Management Practices.

Discharges of sediment or pollutants to surface or groundwater are prohibited. The Contractor shall be fully responsible for any penalties under the Federal Clean Water Act.

Copies of the referenced documents are available from the Public Works Director/City City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Engineer.

PAYMENT
Monthly At the end of each month, the Contractor shall submit an invoice summarizing all completed work during that month.

Project At the completion of each assigned task or project, the Contractor shall submit an invoice summarizing all completed work relevant to that task or project.

As Needed Services Fees for hourly as-needed services shall not exceed the amounts shown on the Proposal Fee Sheet - Labor.

Authorization to Perform Services The Contractor is not authorized to perform any services or incur any costs until receipt of written authorization from the Maintenance Services Manager or designee.

Invoicing Invoices shall be emailed on standard Company letterhead and shall summarize all completed work. Payment will be made subject to approval by Jeff Metz at [email protected].

Each invoice shall include the following:

1. Invoice number and work completion date

2. Purchase Order number

3. Facility name, date of services, description of work, and any additional work

4. Labor hours, labor rate, material cost, and material markup cost City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

EXHIBIT A - PROPOSAL FORMS
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

RFP INQUIRY FORM
(Must use this form to submit your questions)
Date: -----------
From: (Name)
Company:

Email: Contact No:

In Response to Citywide Signal Maintenance and Streets Electrical Services All questions shall be submitted through PlanetBids.

Deadline: 5:00 P.M., April 9, 2026
Question:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

Proposal Package shall be bound in the following order:

1. Contents:

A Proposal Form
B. Proposal Fee Sheet: Labor
C. Subcontractors Form
D. Questionnaire: Firm Information
• Attach the
E. Questionnaire: Firm Experience
F. Questionnaire: Firm Personnel
G. Questionnaire: Equipment
H. Submit a Quality Control Plan
I. Questionnaire: Support Facilities
J. Questionnaire: Company Financial Condition
K. Proposal Affidavit
L. Past Contract Disqualification/Termination
M. Statement of Ability to Meet Insurance Requirement
• Attach the Insurance Certificate
N. Worker's Compensation Insurance Certificate

2. Contractor's Proof and Other Information
A Company W-9
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

PROPOSAL FORM
RFP: CITYWIDE SIGNAL MAINTENANCE AND STREETS ELECTRICAL SERVICE TO: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Firm Name:

Authorized Representative:

Title:

Email Address:

Address:

City, State, and Zip Code:

Telephone:

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

Acknowledge and acceptance of the following addenda is hereby:

Addenda No. 1 _ ______ Initials: _________ _
Addenda No. 2 _______ Initials: _________ _
Addenda No. 3 initials: ------ - ----------

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

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

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

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

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

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

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

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

REPRESENTATIVE, the duly authorized officer shall sign as follows:

Name Authorized Representative Title
Signature Date
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

PROPOSALFEESHEET:LABOR
RFP: CITYWIDE SIGNAL MAINTENANCE AND STREETS ELECTRICAL SERVICE To: City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92767
Labor is the cost per hour for one non-supervisory or apprentice personnel including all associate cost.

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

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

Supervision Ratio is the time ratio of supervision to labor staff personnel needed on any given project under this contract, assume 100% of total staff time. Example: S=20% L= 80%
Bid Hourly Rate / Or Item Item
Number Mark-up Rate
1 Labor Cost for Maintenance and $ Repairs
2 Foreman Cost for Maintenance and
Repairs
3 Supervisory Cost for Maintenance and $ Repairs
4 Supervision Ratio %
%
5 Cost of Authorized Equipment Rental (mark-up above
rental cost*)
%
6 Cost of Parts and Materials (mark-up above parts
and material cost*)
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Weekend/ Holiday
Rate
$
$
%
NIA
NIA
*The rental and materials/parts invoice(s) must be provided for payment approval with each invoice and before payment is approved.

The City will not pay for any additional charges, including service truck fees, mileage, fuel, disposables, overhead costs, or any similar items.

If a walkthrough is required for any maintenance project, the City will not compensate for the time spent on the walkthrough.

ADDITIONAL ITEMS
The City prefers one (1) man/one (1) hour as a minimum callout charge. What is your minimum callout time that you bill?
Please note: Budget cuts and monetary adjustments by Federal government, State, County or City may seriously affect the level of service for this contract. Contractor therefore agrees to adjust the level of service without changing other contract conditions herein, if notified to do so, within a reasonable time period.

By:

Signature of Representative
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Date -------

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

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

Subcontractor Company Name:

Address: I City:

State: I Zip Code: I License No.:

Authorized Representative: Contact No.:

Email Address: DIR No.

Designated staff to perform the following function:

Subcontractor Company Name:

Address: I City:

State: I Zip Code: I License No.:

Authorized Representative:

Email Address:

Designated staff to perform the following function:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Contact No.:

DIR No.

QUESTIONNAIRE: FIRM INFORMATION

1. Legal Name and Address
Name:

Address:

City: State: Zip Code:

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

Name:

Title:

Contact No. :

Email:

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

4. If a corporation, state the following:

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

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

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

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

8. The length of time in business: years

9. Provide the total number of employees: _______ _
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

10.Any former address or parent company? Yes
Provide the locations of other offices, if applicable.

Location:
□ No
------------------- --------- Location:
---------------------------- Location:
-------------- --------------
Provide the parent company, if applicable.

Company: _______ ___________________ _
Location: ----------------------------

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

PLEASE ATTACH YOUR ORGANIZATION CHART TO THIS PAGE.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

ORGANIZATION CHART

PLEASE ATTACHED YOUR ORGANIZATION CHART TO THIS PAGE AND INCLUDE THE FOLLOWING INFORMATION:

1. Organizational Chart:

A. Names and titles of individuals.

B. Names and titles of possible subcontractors who may be involved in this project.

2. Team Identification:

A. List the name, title, address, telephone number, background and responsibilities of each individual to be assigned to the project, including the key personnel who will be performing the services.

B. Specific designations of the individual charged with supervision of the project team.

C. Include a responsibility matrix indicating the reporting structure and responsibilities of each member of the project team.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

SERVICE 1
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: I Contract Amount:

Start Date End Date:

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

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Healthcare Facility
Hospitality Facility
Industrial Facility
SERVICE2
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: I Contract Amount:

Start Date End Date:

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

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

SERVICE3
Owner Name:

Address:

City: State: Zip Code:

Term of Contract: [ Contract Amount:

Start Date End Date:

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

Contact Person: Title:

Email: Contact No:

Provide brief description of the work performed:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

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

This form may be duplicated if additional space is required.

Staff- Name:

Title:

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

Staff- Name:

Title:

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

Staff- Name:

Title:

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Years of Experience:
,. Years of Experience:

Years of Experience:

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

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

PROVIDE PHOTOGRAPH OF EACH PIECE OF EQUIPMENT TO THIS
PAGE.

Vehicle Manufacturer and Model #
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Quantity

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

This should include:

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

2. Effective means of correcting any problems.

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

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

QUESTIONNAIRE: SUPPORT FACILITIES

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

Answer:

2. Provide address of main office.

Answer:

3. What facilities and procedures do you have for equipment, maintenance, and repair? Answer:

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

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

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

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

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

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

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

6. Debarred Statement: Has this firm, or any principal(s) ever been debarred from providing any seNices by the Federal Government, any state government, or any local government agency within or without the State of California? □ No □ Yes
Initials ___ If "Yes," please attach a full detailed explanation, including dates, circumstances and current status.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

PROPOSAL AFFIDAVIT

RFP - CITYWIDE SIGNAL MAINTENANCE AND STREETS ELECTRICAL SERVICE The undersigned Contractor hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required to provide these services as set forth in the Request for Proposal for performing the work.

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

Contractor understands the following:

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

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

Signed
Company Name:

Address:

City, State, and Zip Code:

Telephone No.:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Date

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

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

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

Agency Name: ______________________ _
Agency Address: ______________________ _
Explanation:

Additional paper may be used to complete if necessary.

Signature of Contractor
Print Name and Title
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

MUST PROVIDE THE INSURANCE BROKER'S INITIALS IN THE TEXT BOX BELOW AND ATTACH THE INSURANCE CERTIFICATE TO THIS FORM.

Insurance
ITEMS/DESCRIPTION Broker
Initials:

The City shall be named as an additional insured on the Commercial General Liability and Comprehensive Automobile Liability policies, documented by a written endorsement.

The policy must carry a 30-day cancellation clause.

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

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

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

By: Date:
------------- Signature of Representative
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

EXHIBIT B - SCOPE OF SERVICES
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
SECTION 701 - CONSTRUCTION
Amend the 'Greenback' Standard Specifications as follows:

Add the following:
701-2.1 DEFINITIONS
The following definitions shall apply to this section and all subsequent subsections:
• Battery Backup System (BBS): All components necessary for a fully functioning battery backup system, including the inverter, keypad, screen, batteries, harness, transfer switch, generator plug, and all appurtenances. • Closed Circuit Television (CCTV): All components required for a fully functioning CCTV system and its communication, including the camera, camera housing, lens, dome, mounting brackets, cables, power supply, network cables, and all appurtenances.
• Traffic Signal Controller Assembly (Controller): All components required for the full operation of a traffic signal controller, including the controller housing, power supply, front panel, display, keyboard, processor unit, interface boards, connectors, harnesses, and all appurtenances.
• Enhanced Visibility Crosswalk: The installation of traffic conspicuity and/or traffic control equipment at crosswalks to enhance pedestrian safety. Examples include Rectangular Rapid Flashing Beacons (RRFB), High-Intensity Activated Crosswalk (HAWK) systems, and similar devices.
• Modification and On-Call Services: Services directed by the City and performed on an as-needed basis, billed monthly. These services include repair or replacement of equipment damaged by vehicle collisions, vandalism, civil disorder, windstorms, natural disasters, or street construction. They also include extraordinary or emergency maintenance such as Underground Service Alert (USA), locating and marking, as well as replacements due to obsolescence, regulatory updates, or other unusual factors when the labor and materials required exceed routine maintenance to ensure the safe and efficient operation of the City's traffic signal system. • Preventative Maintenance Services: Services performed on a regular, scheduled basis and billed monthly. These services include preventative maintenance inspections, equipment cleaning, adjustments, painting, testing, and foreseeable replacements and repairs.
• Traffic Signal Cabinet: The controller cabinet, communications cabinet (if applicable), BBS cabinet (if applicable), electrical service cabinet (if applicable), and electrical service pedestal (if applicable).
• Unauthorized Attachments: Any fliers, notices, posters, or similar items placed near or attached to traffic control equipment without prior City approval. This definition does not include graffiti.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

701-2.2 LOCATIONS
• The City reserves the right to modify the list of maintained locations as necessary to add new locations, remove existing locations, or temporarily remove locations due to construction activities or special events.
• The Contractor shall maintain all additional locations and associated appurtenant devices at the same unit prices established in the contract as they are installed and become part of the City's maintenance requirements.
• If notification of a new installation is received by the Contractor after the beginning of a monthly billing period, the unit price for routine preventative maintenance for that location shall be prorated from the date the Contractor receives notification. 701-2.3 PREVENTATIVE MAINTENANCE SERVICES
The Contractor shall administer a comprehensive preventative maintenance program specifically designed to reduce equipment malfunctions, minimize operational complaints, and extend the useful life of the City's traffic signal and street lighting equipment.

Replacement Parts
When replacement parts are required as part of the preventative maintenance services, the Contractor shall furnish new components of the same make and model as the original equipment.

If new components of the exact same make and model are not commercially available, the Contractor shall, at no additional cost to the City, provide refurbished components of the same make and model that have been tested in accordance with the manufacturer's specifications and meet or exceed new-condition performance.

If refurbished components of the same make and model are also unavailable, the Contractor shall, at no additional cost, furnish new components of a similar make and model that are fully compatible and provide performance equal to or better than the original equipment specifications.

If components meeting the above criteria are still unavailable, the Contractor shall, at no additional cost, provide used components of the same or similar make and model that are compatible and meet or exceed the original equipment specifications. In such cases, the Contractor shall also submit a written proposal to the City for any necessary system modifications required to utilize commercially available parts that meet or exceed original performance standards. Any approved system modifications shall be billed separately in accordance with Section 701-2.5.4 Method of Payment.
701-2.3.1 PREVENTATIVE MAINTENANCE SERVICES - TRAFFIC SIGNALS The services performed under this section 701-2.3.1 and all subsections shall include all inspections, cleaning, adjustments, painting, testing, replacements, and repairs necessary to maintain the continued safe and efficient operation of the City's traffic signal locations.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Within fifteen (15) calendar days after execution or extension of the contract, the Contractor shall submit a detailed preventative maintenance schedule covering all services for the entire contract period.

For the purposes of this subsection:
• Traffic Signal Cabinets include all cabinets at a location related to the regular operation and monitoring of the traffic signal, including the traffic signal control cabinet and any ancillary cabinets (electrical supply, communications, battery backup, etc.). • Traffic Signal Equipment includes all pedestrian signal sections and visors, pedestrian push button housing, bicycle push button housings, signal heads, visors, backplates, framework, and fittings at the intersection.

The Contractor shall visit each traffic signal location once every thirty (30) days and perform a comprehensive inspection, cleaning, adjustment, and repair (as necessary) of all traffic signal control equipment to ensure it meets or exceeds the manufacturer's specifications and the designer's original specifications. The preventative maintenance shall include, but not be limited to, the following:

Traffic Signal Inspections
• Vehicle and pedestrian signal indications
• Vehicle and pedestrian signal housing conditions and alignment • Camera alignment and condition
• Pushbutton operation for bicycles and pedestrians
• Safety light operation and general condition
• Location hardware, including hand-hole covers, signs, luminaires, poles, and backplates
• Removal of all Unauthorized Attachments
• Notification to the City of any graffiti (graffiti removal is not the Contractor's responsibility)
• Electrical splices and fuses
• Pull box covers and interiors (kept clear of dirt and debris with duct seal properly installed in all conduits)
• Street name signs (notify City of any damaged, faded, or degraded signs) • Cabinets (traffic signal cabinet, BBS cabinet, service cabinets, etc.) • Equipment locks
• Traffic flow through the intersection
• Inductance loop vehicle detectors, sealant, and splices (if applicable) notify the City of any evidence of failed asphalt near the loops, damaged loop wires, or failed loops Traffic Signal Cabinet Interior Inspections
• Traffic signal controller unit indicator lights
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Function of all components, including detection operation and timing (no timing parameters shall be modified without prior City approval) • Verification of all vehicle and pedestrian detection systems, adjust or reset as necessary, and notify the City if any detection system requires further evaluation • Flasher outputs
• Contacts and contactors
• Conflict monitor I malfunction monitor indicator lights • Isolators
• Cabinet seals and locking mechanisms
• Cabinet lighting, door switches, and test switches
• Video detection camera zones and camera operation, notify the City of any evidence of faulty detection, debris on cameras, or faulty detector cards • Thermostats, fans, and filters (clean air filters as necessary and replace in accordance with the Air Filter Replacement subsection)
• Cleaning of cabinet and interior components (vacuum cabinet interiors to remove all foreign material)
• Review of cabinet documentation (timing sheets, schematics, wiring diagrams, inspection records, etc.) and notify the City if any documentation is damaged or missing
Traffic Signal Cabinet Exterior Inspections
• Report on condition of cabinet surface (i.e. paint, damage, and graffiti) • Removal of all unauthorized attachments
• Notification to the City of any graffiti
• Condition of locks and handles (lubricate as necessary) Emergency Vehicle Preemption (EVP) Inspections
• Physical condition of antennae, antenna orientation, and receiver card Data Key Inspections (if applicable)
• Insertion of data key into the traffic signal controller and refreshing of saved data • Notification to the City if the data key is damaged or missing Traffic Signal Cabinet Air Filter Replacements
The Contractor shall replace all existing air filter elements with new fabric-type air filters in every cabinet at least once every twelve (12) months. The initial replacement shall occur no later than sixty (60) calendar days after execution or renewal of the contract.

Traffic Signal Cabinet Component Repairs/ Replacement
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

The Contractor shall replace the following components with new components of the same make and model as required to maintain safe, reliable operation and to meet or exceed the manufacturer's specifications:
• Air filters
• Breakers
• Cabinet lighting (including lamp unit, housing, lens, and switch) • Cabinet power supply
• Contactors
• Conflict I Malfunction Monitor Unit (CMU / MMU)
• Detector cards
• Electrical receptacles, fuses, splices, and splice housings • Emergency Vehicle Preemption (EVP) system, including EVP receiver antenna and EVP processing unit
• Exhaust fan
• Flasher units
• Load switches
• Switches (door switch, test switch, fan switch, etc.) • Thermostat
• Traffic Signal Controller Assembly
Traffic Signal Conflict I Malfunction Monitor Unit (CMU / MMU) and Emergency Vehicle Preemption (EVP) Testing and Repairs
The Contractor shall perform a full functional test of each operational CMU / MMU and EVP system at least once every twelve (12) months.

Testing shall be performed in accordance with the manufacturer's recommendations using a manufacturer-approved tester, complete with current calibration certification (if required or recommended by the manufacturer). The Contractor shall have a suitable replacement spare CMU / MMU and EVP unit on hand prior to beginning any testing.

All testing shall be conducted between the hours of 9:00 p.m. and 7:00 a.m., Monday through Thursday, unless otherwise approved in advance by the City.

CMU / MMU Testing The intersection shall be placed in red flash mode while the CMU / MMU is removed and tested. If the unit passes testing, it shall be reinstalled in the same location and the intersection immediately restored to normal operation. A printed copy of each passing test result shall be placed with the CMU / MMU inside the cabinet. In addition, an electronic PDF copy of the test results shall be provided to the City within thirty (30) calendar days after completion of the test.

EVP Testing The Contractor shall use an appropriately encoded handheld or vehiclemounted emitter to:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Activate each EVP receiver antenna
• Verify proper reception at each EVP antenna and make any necessary adjustments • Observe the correct phase selection on the EVP selector in the traffic signal cabinet • Observe the correct phase selection in the traffic signal controller and the corresponding phase activation in the field
• Compare the observed EVP operation against the approved phasing schematics and timing sheets to confirm it matches the intended operation. Any discrepancies shall be immediately reported to the City.

If a CMU / MMU or EVP unit fails testing, it shall be deemed unusable. The Contractor shall immediately install the spare unit, restore the intersection to normal operation, and either repair the failed unit to meet the manufacturer's specifications or replace it with an equivalent new unit. The repaired or replaced unit shall then be reinstalled in the same location.

Battery Backup System (BBS) Inspections
• Physical condition of batteries, cables, and connections • Notification to the City of any deficiencies, including leaking, corroded, or bulging batteries, or if any battery is over five (5) years old • Update of cabinet log to include BBS system incident count, outage hours, and voltage
Battery Backup System (BBS) Testing
The Contractor shall perform a full functional test of the Battery Backup System (BBS) at all equipped traffic signal locations twice within each 365-day period. The first test shall be completed no later than November 1 of each year. The second test shall occur no fewer than 170 days and no more than 200 days after the previous test.

All testing shall be conducted between the hours of 9:00 p.m. and 7:00 a.m., Monday through Thursday, unless otherwise approved in advance by the City.

BBS Testing Procedure
The Contractor shall perform a full functional test by interrupting utility power at the main breaker. The intersection shall remain in full normal operation throughout the test.

The test shall include the following steps:
• Interrupt utility power from the main breaker.
• Observe successful transfer to battery backup power and operate the BBS for a minimum of ten (10) minutes.
• Verify that the BBS powers the entire traffic signal without failure or entering red flash mode.
• Confirm that battery voltage remains within the manufacturer's specified range to support full signal operation.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Once the BBS has demonstrated proper operation, restore utility power and observe successful transfer back to utility power for a minimum of ten (10) minutes.

Battery Backup System (BBS) Battery Replacements
The Contractor shall replace all batteries in the Battery Backup System (BBS) at fifteen (15) traffic signal locations equipped with BBS annually.

Each year, the City will provide the Contractor with the specific list of the three (3) locations scheduled for BBS battery replacement.

All replacement batteries shall be new components of the same make and model as the original equipment, or an approved equal accepted by the City, and shall meet or exceed the manufacturer's specifications for safe and reliable operation. All batteries at any single location shall be replaced as a complete set. Single or partial battery replacements are not permitted.

Traffic Signal Indication and Pedestrian Indication Replacements The Contractor shall perform a full replacement of all traffic signal indications and pedestrian indications at two (2) traffic signal locations at least once every twelve (12) months.

Each year, the City will provide the Contractor with the specific list of the two (2) locations scheduled for indication replacements.

All replacement indications shall be new LED modules of the same make and model as the original equipment, or an approved equal accepted by the City, and shall meet or exceed the manufacturer's specifications for safe and reliable operation. During the replacement process, the Contractor shall verify traffic signal head alignment and Programmable View performance (if applicable), and make any necessary adjustments.

Traffic Signal Safety Lighting (Luminaire) and Internally Illuminated Street Name Sign (IISNS) Lamp Replacements
The Contractor shall perform a full replacement of all safety lighting luminaires and IISNS lamps at three (3) traffic signal locations at least once every twelve (12) months.

Each year, the City will provide the Contractor with the specific list of the three (3) locations scheduled for these replacements.

All replacement luminaires and lamps shall be new LED units of the same make and model as the original equipment, or an approved equal accepted by the City, and shall meet or exceed the manufacturer's specifications for safe and reliable operation.

During the replacement process, the Contractor shall verify luminaire alignment and inspect the condition of the IISNS housing and brackets, making any necessary adjustments. The Contractor shall promptly notify the City of any deficiencies found with City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

the IISNS panels, housing, brackets, or related components.

Traffic Signal Video Detection Camera Cleaning
At all traffic signal locations equipped with video detection systems, the Contractor shall clean all video detection camera lenses at least once every twelve (12) months, with the initial cleaning occurring no later than sixty (60) calendar days after execution or renewal of the contract.

The Contractor shall clean the camera lenses using a clean microfiber cloth and a polish specifically designed for use on Plexiglass, or another cleaner recommended by the camera manufacturer. The use of ammonia-based cleaners or any glass cleaners is strictly prohibited.

Traffic Signal Closed Circuit Television (CCTV) Camera Cleaning At all traffic signal locations equipped with CCTV cameras, the Contractor shall clean each CCTV camera lens at least once every twelve (12) months, with the initial cleaning occurring no later than sixty (60) calendar days after execution or renewal of the contract.

The Contractor shall clean the camera lenses using a clean microfiber cloth and a polish specifically designed for use on Plexiglass, or another cleaner recommended by the camera manufacturer. The use of ammonia-based cleaners or any glass cleaners is strictly prohibited.

Traffic Signal Equipment Repainting & Rehabilitation
The Contractor shall perform full repainting and rehabilitation of all traffic signal equipment at two (2) traffic signal locations at least once every twelve (12) months.

Each year, the City will provide the Contractor with the specific list of the two (2) locations scheduled for repainting and rehabilitation.

At each selected location, the Contractor shall perform the following:
• Cabinets: Traffic signal cabinets shall be painted to match the existing color with a gloss level of 60 or higher, unless otherwise directed by the City. Cabinets with an original unpainted metal finish shall be thoroughly cleaned, sanded, and polished as necessary to restore their original appearance. All painting of traffic signal equipment shall conform to Caltrans Standard Specification 78-4.08C(2) "Traffic Signal Faces and Fittings."
• Retroreflective Backplate Border Taping: If retroreflective backplate border taping is present on traffic signal heads, the existing tape shall be removed prior to repainting. New yellow 3M DG3 VIP Diamond Grade retroreflective tape, or an approved equal, shall be installed to match the original appearance and performance.
• Signs (excluding electronic blankout signs): All regulatory, warning, guidance, street name, pedestrian push button, bicycle push button, and similar signs shall be removed and replaced with new signs of the same size, style, and material to match the original specifications, unless otherwise directed by the City.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Electronic Blank out Signs: For any electronic blank out sign(s), the Contractor shall submit a proposal to the City to remove the existing sign and replace it with a new sign of the same size, style, and material to match the original specifications.

If approved by the City, the replacement of electronic blank out signs will be billed separately in accordance with 701-2.5.4 Method of Payment. • The Contractor shall notify the City of any deficiencies observed in traffic signal cabinets or traffic signal equipment.

Care shall be taken to neatly paint all equipment. Protective measures such as masking, protective sheeting, tarps, and similar methods shall be used as necessary to prevent paint or overspray from leaving the immediate work area and to ensure a clean, professional finish.
701-2.3.2 PREVENTATIVE MAINTENANCE AND NIGHT INSPECTIONS SERVICES -

ROADWAY LIGHTING
The Contractor shall perform night inspections of all traffic signal locations and all nontraffic signal roadway lighting locations four (4) times within each 365-day period.

The first inspection shall be completed no later than November 1 of each year. Each subsequent inspection shall occur no fewer than ninety (90) days and no more than one hundred (100) days after the previous inspection.

All inspections shall be conducted between the hours of 9:00 p.m. and 7:00 a.m., Monday through Thursday, unless otherwise approved in advance by the City.

Traffic Signal Locations At each traffic signal location, the Contractor shall inspect:
• Intersection safety lighting
• Internally Illuminated Street Name Sign (IISNS) performance • Traffic signal LED indication performance
• Vehicle detection function
• Retro reflectivity of all installed signage
The Contractor shall promptly notify the City of any deficiencies observed.

Roadway Lighting Locations At each non-traffic signal roadway lighting location, the Contractor shall inspect area lighting and promptly notify the City of any deficiencies observed.

Roadway Lighting Repairs / Replacement
The Contractor shall replace the following components with new components of the same make and model as required to maintain safe, reliable operation and to meet or exceed the manufacturer's specifications:
• Bulbs
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Bus bars
• Fuses
• Fuse blocks, holders, splices, transformers, and power supplies • Photocell / Photoelectric Control Unit (PCU) / shorting cap • Terminal blocks and screws
Roadway Lighting (Luminaire) Lamp Replacements
The Contractor shall perform full replacement of all luminaires at ten (10) non-traffic signal roadway lighting locations at least once every twelve (12) months.

Each year, the City will provide the Contractor with a specific list of the ten (10) locations scheduled for luminaire replacements.

All replacement luminaires shall be new Leotek Green Cobra LED Light (model GCL 1- 60G-MV-NW-3R-GY-530-SC), or an approved equal accepted by the City, and shall meet or exceed the manufacturer's specifications for safe and reliable operation.

During the replacement process, the Contractor shall verify luminaire alignment and pole condition, making any necessary adjustments. The Contractor shall promptly notify the City of any deficiencies observed with the pole, housing, brackets, or related components. 701-2.3.3 PREVENTATIVE MAINTENANCE SERVICES - STANDALONE CLOSEDCIRCUIT TELEVISION (CCTV) The services performed under this section 701-2.3.2 and all subsections shall include all inspections, cleaning, adjustments, painting, testing, replacements, and repairs necessary to maintain the continued safe and efficient operation of the City's standalone CCTV locations.

Within fifteen (15) calendar days after execution or extension of the contract, the Contractor shall submit a detailed preventative maintenance schedule covering all services for the entire contract period.

The Contractor shall visit each standalone CCTV location two (2) times within each 365- day period. The first visit shall be completed no later than November 1 of each year. The second visit shall occur no fewer than 170 days and no more than 200 days after the previous visit.

During each visit, the Contractor shall inspect, clean, adjust, and repair (as necessary) all CCTV and communication equipment to ensure it meets or exceeds the manufacturer's specifications and the designer's original specifications. The preventative maintenance shall include, but not be limited to, the following:

Field Equipment Inspections
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• CCTV camera, alignment, housing, and condition
• Cleaning of the CCTV camera lens using a clean microfiber cloth and a polish specifically designed for Plexiglass, or another cleaner recommended by the camera manufacturer (ammonia-based cleaners and glass cleaners are strictly prohibited)
• Pole(s) for damage
• Removal of all Unauthorized Attachments
• Location hardware, including hand-hole covers and poles • Notification to the City of any graffiti (graffiti removal is not the Contractor's responsibility)
• Pull box covers
• Pull box interiors (kept clear of dirt and debris with duct seal properly installed in all conduits)
• Cabinets (CCTV cabinet, service cabinets, etc.)
• Equipment locks
CCTV Cabinet Interior Inspections
• Verification of the function and operation of all components, including CCTV operation and communications
• Adjustment or reset of equipment as necessary
• Notification to the City if any system requires further evaluation • Power supplies
• Cabinet seals and locking mechanisms
• Cabinet lighting, door switches, and test switches
• Thermostats, fans, and filters ( clean air filters as necessary and replace in accordance with the Air Filter Replacements subsection) • Cleaning of cabinet and interior components (vacuum cabinet interiors to remove all foreign material)
• Review of cabinet documentation (schematics, wiring diagrams, inspection records, etc.) notify the City if any documentation is damaged or missing Cabinet Exterior Inspections
• Condition of cabinet surface (paint, damage, and graffiti) • Removal of all unauthorized attachments
• Notification to the City of any graffiti
• Condition of locks and handles (lubricate as necessary) Air Filter Replacements
The Contractor shall replace all existing air filter elements with new fabric-type air filters in every cabinet at least once every twelve (12) months. The initial replacement shall occur City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

no later than sixty (60) calendar days after execution or renewal of the contract.

CCTV Component Repairs / Replacement
The Contractor shall replace the following components with new components of the same make and model as required to maintain safe, reliable operation and to meet or exceed the manufacturer's specifications:
• Breakers
• Cabinet lighting (including lamp unit, housing, lens, and switch) • Cabinet power supply
• Electrical receptacles
• Exhaust fan
• Switches (door switch, test switch, fan switch, etc.) • Thermostat
701-2.3.4 PREVENTATIVE MAINTENANCE SERVICES - FLASHING WARNING

BEACON/RADAR FEEDBACK
The services performed under this section 701-2.3.3 and all subsections shall include all inspections, cleaning, adjustments, painting, testing, replacements, and repairs necessary to maintain the continued safe and efficient operation of the City's flashing advanced warning beacon and radar feedback sign locations.

Within fifteen (15) calendar days after execution or extension of the contract, the Contractor shall submit a detailed preventative maintenance schedule covering all services for the entire contract period.

For the purposes of this subsection:
• Flashing Beacon Cabinets include all cabinets at a location related to the regular operation of the flashing beacon, including the control cabinet and any ancillary cabinets (electrical supply, battery, etc.).
• Flashing Beacon Equipment includes all flashing beacon sections and visors, backplates, framework, and fittings at a location. If a location has multiple flashing beacons (for example, one beacon on the right side of the roadway and one on the left side, or one facing eastbound traffic and one facing westbound traffic), all beacons at that location shall be considered a single location and maintained together as detailed herein.

The Contractor shall visit each flashing warning beacon / radar feedback location two (2) times within each 365-day period. The first visit shall be completed no later than November 1 of each year. The second visit shall occur no fewer than 170 days and no more than 200 days after the previous visit.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

During each visit, the Contractor shall inspect, clean, adjust, and repair (as necessary) all equipment to ensure it meets or exceeds the manufacturer's specifications and the designer's original specifications. The preventative maintenance shall include, but not be limited to, the following:

Field Inspections
• LED indications
• Housing conditions and alignment
• Location hardware, including hand-hole covers, signs, poles, and backplates • Removal of all Unauthorized Attachments
• Notification to the City of any graffiti (graffiti removal is not the Contractor's responsibility)
• Pull box covers (if applicable)
• Pull box interiors (kept clear of dirt and debris with duct seal properly installed in all conduits)
• Cabinets (control cabinet, service cabinets, etc.)
• Equipment locks
Control Cabinet Interior Inspections
• Controller unit indicator lights
• Function of all components and timing
• Flasher outputs
• Contacts and contactors
• Cabinet seals and locking mechanisms
• Cabinet lighting, door switches, and test switches
• Thermostats, fans, and filters (clean air filters as necessary and replace in accordance with the Air Filter Replacements subsection) • Cleaning of cabinet and interior components (vacuum cabinet interiors to remove all foreign material)
• Review of cabinet documentation (schematics, wiring diagrams, inspection records, etc.) notify the City if any documentation is damaged or missing Cabinet Exterior Inspections
• Condition of cabinet surface (paint, damage, and graffiti) • Removal of all unauthorized attachments
• Notification to the City of any graffiti
• Condition of locks and handles (lubricate as necessary) Battery/ Solar System Inspections (if applicable)
• Physical condition of solar panels, batteries, cables, and connections City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Notification to the City of any deficiencies, including leaking, corroded, or bulging batteries, or if any battery is over five (5) years old.

Air Filter Replacements
The Contractor shall replace all existing air filter elements with new fabric-type air filters in every cabinet (where applicable) at least once every twelve (12) months. The initial replacement shall occur no later than sixty (60) calendar days after execution or renewal of the contract.

Component Repairs I Replacement
The Contractor shall replace the following components with new components of the same make and model as required to maintain safe, reliable operation and to meet or exceed the manufacturer's specifications:
• Breakers
• Cabinet lighting (including lamp unit, housing, lens, and switch) • Cabinet power supply
• Contactors
• Controllers
• Electrical receptacles
• Exhaust fan
• Flasher units
• Switches (door switch, test switch, fan switch, etc.) • Thermostat
Battery Replacements
The Contractor shall perform once under this agreement a full replacement of all batteries at every location equipped with batteries. All replacements shall be completed within three hundred sixty-five (365) days following execution of the agreement.

Replacement batteries shall be new components of the same make and model as the original equipment, or an approved equal accepted by the City, and shall meet or exceed the manufacturer's specifications for safe and reliable operation. All batteries at any single location shall be replaced as a complete set. Partial or single battery replacements are not permitted.

The Contractor shall maintain detailed records of the dates and locations where battery replacements were performed. Each replaced battery shall be clearly marked with the month and year of installation using a permanent marker of contrasting color (or a permanently affixed label) so that the installation date is easily visible while the battery is in its installed position.

For the duration of this agreement, if any battery installed under this agreement shows evidence of leaking, corrosion, bulging, or otherwise fails to meet the manufacturer's City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

specifications, the Contractor shall replace the defective battery and all other batteries at that same location at no additional cost to the City.

Indication Replacements
The Contractor shall perform a full replacement of all indications at six (6) locations. All replacements shall be completed within three hundred sixty-five (365) days following execution of the agreement.

Replacement indications shall be new LED modules of the same make and model as the original equipment, or an approved equal accepted by the City, and shall meet or exceed the manufacturer's specifications for safe and reliable operation.

During the replacement process, the Contractor shall verify flashing beacon head alignment and make any necessary adjustments.

Additional indication replacements may be requested by the City and will be billed separately in accordance with 701-2.5.4 Method of Payment.

Equipment Repainting & Rehabilitation
The Contractor shall perform a full repainting and rehabilitation of all flashing beacon equipment at one (1) flashing beacon location at least once every twelve (12) months.

Each year, the City will provide the Contractor with the specific list of the one (1) location scheduled for repainting and rehabilitation.

At each selected location, the Contractor shall perform the following:
• Cabinets: Flashing beacon cabinets shall be painted to match the existing color with a gloss level of 60 or higher, unless otherwise directed by the City. Cabinets with an original unpainted metal finish shall be thoroughly cleaned, sanded, and polished as necessary to restore their original appearance. All painting of flashing beacon equipment shall conform to Caltrans Standard Specification 78-4.08C(2) "Traffic Signal Faces and Fittings."
• Retroreflective Backplate Border Taping: If retroreflective backplate border taping is present on flashing beacon heads, the existing tape shall be removed prior to repainting. New yellow 3M DG3 VIP Diamond Grade retroreflective tape, or an approved equal, shall be installed to match the original appearance and performance.
• Signs: All regulatory, warning, and guidance signs shall be removed and replaced with new signs of the same size, style, and material to match the original specifications, unless otherwise directed by the City.
• The Contractor shall notify the City of any deficiencies observed in the flashing beacon cabinets or equipment.

Care shall be taken to neatly paint all equipment. Protective measures such as masking, protective sheeting, tarps, and similar methods shall be used as necessary to prevent paint City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

or overspray from leaving the immediate work area and to ensure a clean, professional finish.
701-2.3.5 PREVENTATIVE MAINTENANCE SERVICES - ENHANCED VISIBILITY

CROSSWALK
The services performed under this section 701-2.3.4 and all subsections shall include all inspections, cleaning, adjustments, painting, testing, replacements, and repairs necessary to maintain the continued safe and efficient operation of the City's enhanced visibility crosswalk locations.

Within fifteen (15) calendar days after execution or extension of the contract, the Contractor shall submit a detailed preventative maintenance schedule covering all services for the entire contract period.

For the purposes of this subsection:
• Enhanced Visibility Crosswalk Cabinets include all cabinets at a location related to the regular operation of the enhanced visibility crosswalk, including the control cabinet and any ancillary cabinets (electrical supply, battery, etc.).

Enhanced Visibility Crosswalk Equipment includes all flashing beacon sections and visors, backplates, framework, and fittings at a location. If a location has multiple flashing beacons (for example, one beacon on the right side of the roadway and one on the left side, or one facing eastbound traffic and one facing westbound traffic), all beacons at that location shall be considered a single location and maintained together as detailed herein.

At no additional cost to the City, the Contractor shall visit each enhanced visibility crosswalk location two (2) times within each 365-day period. The first visit shall be completed no later than November 1 of each year. The second visit shall occur no fewer than 170 days and no more than 200 days after the previous visit.

During each visit, the Contractor shall inspect, clean, adjust, and repair (as necessary) all equipment to ensure it meets or exceeds the manufacturer's specifications and the designer's original specifications. The preventative maintenance shall include, but not be limited to, the following:

Field Inspections
• Vehicle and pedestrian indications (pedestrian indications if applicable) • Vehicle and pedestrian housing conditions and alignment • Pushbutton operation
• Safety light operation and general condition (if applicable) • Location hardware, including hand-hole covers, signs, luminaires, poles, and backplates
• Removal of all Unauthorized Attachments
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Notification to the City of any graffiti (graffiti removal is not the Contractor's responsibility)
• Pull box covers (if applicable)
• Pull box interiors (kept clear of dirt and debris with duct seal properly installed in all conduits)
• Cabinets (control cabinet, battery cabinet, service cabinets, etc.) • Equipment locks
• Traffic flow through the location
• Inductance loop vehicle detectors (if applicable) notify the City of any evidence of failed asphalt near the loops, damaged loop wires, or failed loops Control Cabinet Interior Inspections
• Controller unit indicator lights
• Function of all components, detection operation, and timing (no timing parameters shall be modified without prior City approval)
• Verification of all vehicle and pedestrian detection systems - adjust or reset as necessary and notify the City if any detection system requires further evaluation • Flasher outputs
• Contacts and contactors
• Conflict monitor I malfunction monitor indicator lights • Isolators
• Cabinet seals and locking mechanisms
• Cabinet lighting, door switches, and test switches
• Thermostats, fans, and filters (clean air filters as necessary and replace in accordance with the Air Filter Replacements subsection) • Cleaning of cabinet and interior components (vacuum cabinet interiors to remove all foreign material)
• Review of cabinet documentation (timing sheets, schematics, wiring diagrams, inspection records, etc.) notify the City if any documentation is damaged or missing Cabinet Exterior Inspections
• Condition of cabinet surface (paint, damage, and graffiti) • Removal of all unauthorized attachments
• Notification to the City of any graffiti
• Condition of locks and handles (lubricate as necessary) Battery I Solar System Inspections (if applicable)
• Physical condition of solar panels, batteries, cables, and connections • Notification to the City of any deficiencies, including leaking, corroded, or bulging batteries, or if any battery is over five (5) years old City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Air Filter Replacements
The Contractor shall replace all existing air filter elements with new fabric-type air filters in every cabinet (where applicable) at least once every twelve (12) months. The initial replacement shall occur no later than sixty (60) calendar days after execution or renewal of the contract.

Enhanced Visibility Crosswalk Component Repairs/ Replacement The Contractor shall replace the following components with new components of the same make and model as required to maintain safe, reliable operation and to meet or exceed the manufacturer's specifications:
• Breakers
• Cabinet lighting (including lamp unit, housing, lens, and switch) • Cabinet power supply
• Contactors
• Controllers
• Electrical receptacles
• Exhaust fan
• Flasher units
• Switches (door switch, test switch, fan switch, etc.) • Thermostat
Battery Replacements
The Contractor shall perform once under this agreement a full replacement of all batteries at every enhanced visibility crosswalk beacon location equipped with batteries. All replacements shall be completed within three hundred sixty-five (365) days following execution of the agreement.

Replacement batteries shall be new components of the same make and model as the original equipment, or an approved equal accepted by the City, and shall meet or exceed the manufacturer's specifications for safe and reliable operation. All batteries at any single location shall be replaced as a complete set. Partial or single battery replacements are not permitted.

The Contractor shall maintain detailed records of the dates and locations where battery replacements were performed. Each replaced battery shall be clearly marked with the month and year of installation using a permanent marker of contrasting color (or a permanently affixed label) so that the installation date is easily visible while the battery is in its installed position.

For the duration of this agreement, if any battery installed under this agreement shows evidence of leaking, corrosion, bulging, or otherwise fails to meet the manufacturer's specifications, the Contractor shall replace the defective battery and all other batteries at City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

that same location at no additional cost to the City.

Enhanced Visibility Crosswalk Indication Replacements
he Contractor shall annually perform a full replacement of all enhanced visibility crosswalk indications at six (6) locations. All replacements shall be completed within three hundred sixty-five (365) days following execution of the agreement.

Replacement indications shall be new LED modules of the same make and model as the original equipment, or an approved equal accepted by the City, and shall meet or exceed the manufacturer's specifications for safe and reliable operation.

During the replacement process, the Contractor shall verify flashing beacon head alignment and make any necessary adjustments.

Additional indication replacements may be requested by the City and will be billed separately in accordance with 701-2.5.4 Method of Payment.

Enhanced Visibility Crosswalk Equipment Repainting & Rehabilitation The Contractor shall perform full repainting and rehabilitation of all flashing beacon equipment at one (1) enhanced visibility crosswalk location at least once every twelve (12) months.

Each year, the City will provide the Contractor with the specific list of the one (1) location scheduled for repainting and rehabilitation.

At each selected location, the Contractor shall perform the following:
• Cabinets: Enhanced visibility crosswalk cabinets shall be painted to match the existing color with a gloss level of 60 or higher, unless otherwise directed by the City. Cabinets with an original unpainted metal finish shall be thoroughly cleaned, sanded, and polished as necessary to restore their original appearance. All painting of enhanced visibility crosswalk equipment shall conform to Caltrans Standard Specification 78-4.0BC (2) "Traffic Signal Faces and Fittings." • Retroreflective Backplate Border Taping: If retroreflective backplate border taping is present on flashing beacon heads, the existing tape shall be removed prior to repainting. New yellow 3M DG3 VIP Diamond Grade retroreflective tape, or an approved equal, shall be installed to match the original appearance and performance.
• Signs: All regulatory, warning, and guidance signs shall be removed and replaced with new signs of the same size, style, and material to match the original specifications, unless otherwise directed by the City.
• The Contractor shall notify the City of any deficiencies observed in the enhanced visibility crosswalk cabinets or equipment.

Care shall be taken to neatly paint all equipment. Protective measures such as masking, protective sheeting, tarps, and similar methods shall be used as necessary to prevent paint or overspray from leaving the immediate work area and to ensure a clean, professional City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

finish.
701-2.3.6 ON-CALL AND EMERGENCY RESPONSE SERVICES, MODIFICATION

SERVICES, AND ADDITIONAL WORK
701-2.3.6.1 Preventative Maintenance Services Compensation Compensation for Preventative Maintenance Services - Traffic Signal (PMTS) shall be at the contract unit price. The unit price shall be billed once per month for each traffic signal location and shall constitute full compensation for all labor, materials, vehicles, equipment, supervision, and overhead required to perform the work described in this section and all subsections.

Compensation for Preventative Maintenance and Night Inspections Services - Roadway Lighting (PMRL) shall be at the contract unit price. The unit price shall be billed once per month for each traffic signal location and shall constitute full compensation for all labor, materials, vehicles, equipment, supervision, and overhead required to perform the work described in this section and all subsections.

Compensation for Preventative Maintenance Services - Standalone CCTV (PMCCTV) shall be at the contract unit price. The unit price shall be billed once every six (6) months for each standalone CCTV location and shall constitute full compensation for all labor, materials, vehicles, equipment, supervision, and overhead required to perform the work described in this section and all subsections.

Compensation for Preventative Maintenance Services - Beacon I Radar Feedback (PMBRFB) shall be at the contract unit price. The unit price shall be billed once every six (6) months for each beacon/radar feedback location and shall constitute full compensation for all labor, materials, vehicles, equipment, supervision, and overhead required to perform the work described in this section and all subsections.

Compensation for Preventative Maintenance Services - Enhanced Visibility Crosswalk (PMEVC) shall be at the contract unit price. The unit price shall be billed once every six (6) months for each enhanced visibility crosswalk location and shall constitute full compensation for all labor, materials, vehicles, equipment, supervision, and overhead required to perform the work described in this section and all subsections. 701-2.5 On-Call and Modification Services
In addition to the Preventative Services described in Section 701-2.3, On-Call and Modification Services consist of as-needed repair and/or replacement of equipment.

These services generally fall into two categories:
• Unplanned / Emergency Services: Repair or replacement of equipment damaged by vehicle collisions, vandalism, civil disorder, windstorms, natural disasters, street construction, or excavation.
• Scheduled Modification Services: Work that includes Underground Service Alert City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

(USA/Dig Alert) utility markings and infrastructure replacements due to obsolescence, required regulatory updates, or other factors when the labor and materials required exceed routine preventative maintenance to ensure the safe and efficient operation of the City's traffic signal and street lighting systems. 701-2.3.6.2 Emergency Response Services
The services performed under this section 701-2.4.1 and all subsections shall include all inspections, adjustments, painting, testing, replacements, and repairs necessary to restore safe and efficient operation of the City's traffic signal and street lighting locations.

Compensation for these services shall be at the applicable contract unit prices and shall include all labor, materials, vehicles, equipment, supervision, and overhead required to perform the work.

Upon receipt of a request from the City for Emergency Response Services, the Contractor shall provide an immediate response. Qualified personnel and equipment shall arrive on site within one (1) hour during normal working hours and within two (2) hours during nonworking hours. Mobilization related to emergency requests received during normal working hours shall be provided at no additional cost.

If the cause of the emergency and the related repairs or rehabilitation is covered under Section 701-2 Maintenance of Existing and Temporary Systems, any warranty provision, or Section 701-2.3 Preventative Services, mobilization shall be provided at no additional cost regardless of the time of day.

If the cause of the emergency and the related repairs or rehabilitation is not covered under Section 701-2 Maintenance of Existing and Temporary Systems, any warranty provision, or Section 701-2.3 Preventative Services, and the City's request is made during nonworking hours, compensation for mobilization shall be paid at the contract unit price for "Emergency Response Mobilization (After-Hours Mobilization)". This price shall include all transportation time, staff time, fuel, supervision, and incidental expenses required to provide the initial response.

If the Contractor must leave a traffic signal location that is blacked out due to power loss with STOP signs deployed, the Contractor shall activate red-flash operation using the police panel switch once power is restored. The Contractor shall then schedule a followup visit to deactivate the flash mode and restore normal traffic signal operation.

Replacement Parts
When replacement parts are required as part of Emergency Response Services, the Contractor shall furnish new components of the same make and model as the original equipment.

If new components of the exact same make and model are not readily available, the Contractor may temporarily install replacement parts that meet or exceed the original equipment specifications to restore immediate safe operation. At no additional cost to the City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

City, the Contractor shall return to the location within ten (10) calendar days, remove the temporary parts, and install permanent new replacement parts.

If new components of the same make and model are not commercially available, the Contractor shall, at no additional cost, provide refurbished components of the same make and model that have been tested in accordance with the manufacturer's specifications and meet or exceed new-condition performance.

If refurbished components of the same make and model are also unavailable, the Contractor shall furnish new components of a similar make and model that are fully compatible and provide performance equal to or better than the original equipment specifications.

If components meeting the above criteria are still unavailable, the Contractor shall provide used components of the same or similar make and model that are compatible and meet or exceed the original equipment specifications. In such cases, the Contractor shall also submit a written proposal to the City for any necessary system modifications required to utilize commercially available parts that meet or exceed original performance standards.

Any approved system modifications shall be billed separately in accordance with 701-2.5.4 Method of Payment.
701-2.3.6.3 Modification Services & Materials
Modification Services and Materials may be required to maintain the safe and efficient operation of the City's traffic signal and street lighting systems. The City may request modification services and/or materials, and the Contractor shall provide a detailed quote for the requested work.

Quotes for work performed under this section 701-2.4.3 and all subsections shall include all necessary inspections, adjustments, painting, testing, modifications, and materials.

Compensation shall be at the applicable contract unit prices and shall include full compensation for all labor, materials, vehicles, equipment, supervision, and overhead required to complete the requested work.

Examples of Modification Services and Materials include, but are not limited to:
• Installation of CCTV systems
• LED re-lamping
• Traffic signal cabinet replacements
• Traffic signal field wiring modifications
• Installation of vehicle detection loops or cameras
• Installation of conduit or fiber optic cable
• New construction support and turn-on support
• Provision of spare traffic signal poles and equipment City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

Additional Work Not Listed in the Scope of Work
The City may require additional services or materials that are not included in the Scope of Work or Bid Item List. Upon request by the City, the Contractor shall promptly provide detailed cost estimates for the additional work at no extra cost.

These cost estimates are provided for budgeting purposes only and do not constitute a commitment or guarantee that the work will be awarded to the Contractor. 701-2.5.4 Method of Payment
The Contractor shall submit a monthly invoice to the City for all work performed during the previous calendar month. The City will compensate the Contractor for repairs and services required beyond the scope of routine preventative maintenance as follows:

Materials The City may request additional materials for On-Call and Modification Services.

The Contractor shall charge the City for materials at the supplier's invoice cost plus the percentage markup specified in the Contractor's bid proposal, or 10%, whichever is less.

All materials and parts shall be new or approved in advance by the City. The City reserves the right to inspect the Contractor's records to verify material costs invoiced for extraordinary maintenance.

Direct Labor With each monthly invoice, the Contractor shall submit detailed records of hours worked for both Preventative Services and On-Call/Modification Services. The City shall pay the Contractor for these hours at the rates specified in Section 701-2.5.4 Method of Payment of the Contract. These rates constitute full compensation for all wages, profit, overhead, fringe benefits (including health and welfare, insurance, workers' compensation, pension, vacation, and sick leave), and any applicable local, state, federal, or union taxes or assessments.

Equipment The City shall pay the Contractor for equipment usage on a per-hour basis at the rates specified in Section 701-2.5.4 Method of Payment of the Contract of the Contract.

These listed per-hour rates shall constitute full and complete compensation for equipment use. No additional payment will be made for equipment, including transportation to or from the work site, except as specifically provided in Exhibit B.

Payments - On-Call and Modification Services
On-Call and Modification Services shall be performed in accordance with the specifications, unit prices, and lump sum amounts in the approved Agreement and the Contractor's proposal. Work shall be invoiced at the rates established in Exhibit B of the Agreement and shall include full compensation for all labor, materials, equipment, and profit.

Any items not covered by the contract unit prices require a negotiated price and prior approval by the Director of Public Works or authorized representative.

On-Call and Modification Services require written authorization from the City prior to City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

commencement of work, unless the work is an emergency repair necessary to restore safe operation of the traffic signal or street lighting system. For emergency repairs, the Contractor shall still submit appropriate documentation for subsequent authorization, including photographs of any visible damage, a description of the final repairs performed or required, and a schedule for completion.

The City reserves the right to separately bid any work to other firms if a mutually acceptable negotiated price or completion schedule cannot be reached, or if the City determines the proposed cost or terms exceed the scope of the current Contract. The Contractor may be required to assist or support any other firms selected by the City to complete such work. 701-2.3. 7 UNDERGROUND SERVICE ALERT (USA)
The services performed under this section 701-2.4.2 shall include all inspections, review, processing, locating, and drive time necessary to respond to and complete each Dig Alert ticket.

Compensation for these services shall be at the contract unit price for "Dig Alert Ticket Processing I Mark out (USA)". The unit price shall be billed once for each Dig Alert ticket assigned by the City to the Contractor and shall constitute full compensation for all labor, materials, vehicles, equipment, supervision, and overhead required to perform the work described in this section and all related subsections.

Ticket Processing. Underground Service Alert (USA) work shall be performed in compliance with the requirements of California Government Code Section 4216 and current guidelines available at http://www.diqalert.org/ and provisions detailed herein.

The City will receive, track and store USA tickets through the City's electronic locating facilitation service provider, Norfield Locator Logix, or other approved equal. The City will be responsible for reviewing requests and determining which requests will be forwarded to the Contractor for field review and / or utility markings. The Contractor shall receive the assigned tickets, review the ticket details, consult available records (as-built documentation, interconnect plans, utility maps, street light locations, etc), as necessary to locate related City field infrastructure, locate and mark (if necessary) and provide a positive response through the electronic locating facilitation service provider within twentyfour (24) hours of the initial receipt of the ticket.

Field Meetings
At no additional cost to the City, the Contractor shall provide a qualified representative to attend on-site field meetings as requested. The representative shall be available to answer questions regarding Dig Alert tickets, underground City utilities, and to meet with excavators to clarify ticket details and ensure sufficient information is provided for safe excavation.

Marking
The Contractor shall mark all City-owned underground utilities with red temporary chalkCity of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

based marking paint in accordance with Dig Alert guidelines.

If no permanent hardscape exists, flagging may be used in addition to chalk-based paint.

Markings shall be placed directly above the utilities. As an alternative, the painted offset method may be used on the adjacent curb, gutter, or street surface.

The following abbreviations shall be used to identify specific utility types:
• Traffic signal= "TS"
• Traffic signal interconnect facilities = "SIC"
• Traffic signal vehicle detection loops = "TS LOOP"
• Other electrical (including City-owned lighting or electrical feeds) = "ELEC" Markings shall be clear and visible, but not excessive. They shall be painted as frequently as necessary to properly delineate the utilities, at intervals not exceeding fifty (50) feet. At traffic signal corners, all requested traffic control facilities shall be marked with arrows extending from the pull boxes in the direction of the conduits.

Marking-on decorative paving such as brickwork or textured concrete shall be avoided except where necessary to protect the utilities.

If the Contractor is unable to locate, access, or mark any underground utility, the Contractor shall immediately notify the City.

Damages
The Contractor shall notify the City of any known damage to City utilities within one (1) calendar day of discovery.

The Contractor shall be responsible for all costs associated with repairing any damage to City utilities caused by the Contractor's errors, omissions, or failure to properly respond, mark, or attend field meetings as required by this contract.

Upon notification from the City, the Contractor shall immediately commence repairs and complete all repairs within ten (10) calendar days.
701-2.3.8 EQUIPMENT LIST & LOCATION
The City operates the following traffic signals, standalone CCTV, flashing beacon, and radar feedback sign facilities. The Contractor shall maintain all facilities as defined in this contract.

1. Signalized Intersections
The Contractor shall maintain seventy-eight (78) signalized intersections at the locations listed below:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

I Loe II Major Street 11 Minor Street
[I llcrown Valley Parkway !!Forbes Road
[[: llcrown Valley Parkway !!Cabot Road
u= )!Cabot Road IICostco Entrance Road
[£ Ilea bot Road IIPaseo de Gelinas
IT: IIPaseo de Gelinas !!Camino Capistrano
[I JIGolden Lantern IIPaseo de Gelinas
[ []Golden Lantern !!Hidden Hills Road
[I IIGolden Lantern IIMarina Hills Drive
[]]!Golden Lantern IISweet Meadow
c:J:[ IIGolden Lantern IIChapparosa Park Road
[Jillcamino del Avian IINiguel Road
:===================:
[I[IINiguel Road llcharles Road
::::============~
[JI] Niguel Road IIRidgeway Avenue
::::================== = =:
[ } ~:] Niguel Road IIMarina Hills Drive
:==============:
c::I[:IIMarina Hills Drive IIParc Vista (W) / Valle Vista [J~] crown Valley Parkway IIGreenfield Drive
[J ::Z:] crown Valley Parkway l!Golden Lantern
IJ~ ] Crown Valley Parkway IINueva Vista Drive
[]~] crown Valley Parkway Illa Paz Road
[1Q:] crown Valley Parkway Il la Plata Drive
[]}]!crown Valley Parkway llcentral Park Drive
[] ~] Golden Lantern !!Saint Christopher
[KllGolden Lantern llsardina
[]~] !Golden Lantern IIFire Station
[} [ ] Golden Lantern IIBeacon Hill Way
[KIIGolden Lantern !!Bear Brand Road
::::====== ======~
[ ~ ] !Golden Lantern IIVia Ladera
::::=============:
[KIICamino del Avian IIEncantada I Pacific Crest
[KIIGolden Lantern llcamino del Avian
[]~ ] Camino del Avian !!Ocean Ranch
[}I]camino del Avian !!Bear Brand Road
fXIIRancho Niguel Road !!Greenfield Drive
[~]!Alicia Parkway !!Highlands Avenue
~ JIAvila Road !!Alicia Parkway
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

I Loe II Major Street 11 Minor Street
~ IJAlicia Parkway JISkate Park Way/ Fed. Loading Dock
~ //Alicia Parkway !!Aliso Creek Road
::==============:
[]IjJNiguel Road Illa Hermosa Avenue
~ !!Niguel Road I/Club House Drive
:::::=============: lli I/Alicia Parkway I/Kite Hill Drive (South) ~ !!Pacific Island Drive IIHighlands Avenue
ffi IJNiguel Road I/ Ivy Glenn Drive
[]~]crown Valley Parkway 1/Hillhurst Drive
@/!Crown Valley Parkway I/Niguel Road
ffi llcrown Valley Parkway I/Alicia Parkway
~ llcrown Valley Parkway !IClub House Drive
~ /!Camino del Avian l!Barkentine Road
8[ //Camino del Avian !!South Peak Drive
~ llcrown Valley Parkway I/Camino del Avian
::==============: G[ /!Alicia Parkway !!Pacific Island Drive / Ivy Glenn Drive []:[ //Niguel Road !!Alicia Parkway :::::==============: lli /I la Paz Road If Kings Road :::::===============:
[][ //Moulton Parkway IINueva Vista Drive
::==============; []~]/Moulton Parkway JJRancho Niguel Road ~ /Ila Paz Road l!Aliso Creek Road
[][//La Paz Road I/Avila Road
~ ] La Paz Road !!Plaza de la Paz I Avenida Breve
[}[//Moulton Parkway I/Aliso Creek Road
~ /!Rancho Niguel Road I/Rancho Niguel Center
[]~]Moulton Parkway I/Aliso Niguel Road
[]~] Marina Hills Drive I/Tessier Street
[]J::]Niguel Road I/Augusta Drive
::==============:
[]~]/Marina Hills Drive If Pare Vista (E) / Tropea
[]I]Niguel Road I/Beacon Hill Way ~==============:
[]~]!crown Valley Parkway I/Adelanto Drive
[][] Alicia Parkway IIMarketplace (North)
~ ] Alicia Parkway I/Marketplace (South)
!~]/crown Valley Parkway llcommunity Park Entrance
[]~]/Golden Lantern I/Shark Bay
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

I Loe II Major Street
~ !!Alicia Parkway
~ IIAliso Creek Road
[K IIAvila Road
~ !!Alicia Parkway
[li IIPaseo de Colinas
ffi l!Paseo de Colinas
[][ !!Moulton Parkway
[}[ IIAliso Creek Road
!JI l!Cabot Road
[}[ IINiguel Road

2. Standalone CCTV Locations
II Minor Street
IIBike X'ing
IIDorine Road
!!Heather Ridge
IIKite Hill North
IIDel Cerro
llstar Drive
IIAvila Road
!!Niguel Heights Blvd
llcabot Rd (27930-27960)
llcrestavilla / The Vistas
None are currently in operation, (ASSUME TWO (2) FOR THIS CONTRACT).

3. Flashing Beacons
The Contractor shall maintain the following twelve (12) flashing beacon facilities:
!Beacon ID #II Description
I 1 IIS/B Pacific Island Drive N/O Casalero
I 2 IIE/B Paseo De Colinas W/O Star Drive
I 3 IIE/B Paseo De Colinas E/O Star Drive
4 IIEtB Paseo De Colinas W/O Cabot Road
5 IIS/B Niguel Road N/O Ridgeway Avenue I
6 IIW/B Aliso Creek E/O Niguel Heights Boulevard!
7 IIE/B Aliso Creek W/O Niguel Heights Boulevard
8 IIEB & WB Highlands Avenue @ Tamarron
9 IIE/B Rancho Niguel W/O Rancho Azul
10 l!EtB Rancho Niguel E/O Rancho Azul
11 IIN/B Golden Lantern S/O of Paseo De Colinas
12 IINtB Niguel Road S/O Crestavilla / The Vista
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

4. Radar Feedback Signs
The Contractor shall maintain the following eight (8) radar speed sign facilities:

Sign ID#jj Location I Description I
1 IIWtB Rancho Niguel Road@ Rancho De Linda I
2 JJE/8 Rancho Niguel Road W/O Rancho De Linda
3 IJN/B Pacific Island Drive N/O Starview
I 4 lists Pacific Island Drive N/O Starview
5 IJN/B Golden Lantern @ Dunes
6 IJ stB Alicia Parkway S/O Avila
7 IJE/8 Aliso Creek E/O Niguel Heights Blvd
8 llstB Crown Valley Pkwy@ Glenrock (July 2021)

5. Street Luminaires
The Contractor shall maintain the following seventy-six (76) street lights:

I Qty II Street Luminaires
I 76 II Citywide
I II *Locations to be provided *
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

I
I
I

EXHIBIT C - BID DEFINITIONS
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

701-2.1 BID DEFINITIONS
The following definitions apply to the Base Bid Items, pricing, and all compensation under this contract:

BASE BID ITEMS - BI-MONTHLY PREVENTATIVE MAINTENANCE

SERVICES
Base Bid Item 1 - Preventative Maintenance Services - Traffic Signals Work performed on a regular, scheduled basis every two months, with the Contractor maintaining approximately half of the traffic signal locations each month on a rotating schedule and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.1 Preventative Maintenance Services - Traffic Signals and these contract documents.

The Contractor shall divide the 78 signalized intersections into two approximately equal groups.

The Contractor shall visit and perform comprehensive preventative maintenance on one group (approximately 39 locations) each month, ensuring every traffic signal location receives a full preventative maintenance visit once every two months. All other requirements in Section 701-

2.3. l remain in full effect, including:
• Four annual night inspections
• Annual functional testing (CMU/MMU, EVP, BBS)
• City-directed annual replacement programs (15 BBS battery locations, 15 indication locations, 10 safety lighting/IISNS locations, 10 repainting/rehabilitation locations) • Annual air filter replacements and camera cleaning
Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative maintenance tasks. The unit price shall be billed monthly for all maintained locations, regardless of which half is serviced in any given month.

Base Bid Item 2 - Preventative Maintenance Services - Roadway Lighting Work performed on a regular, scheduled basis every two months, with the Contractor maintaining approximately half of the roadway lighting locations each month on a rotating schedule, and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements (where applicable), and foreseeable component replacements/repairs as detailed in Section 701-2.3.2 Preventative Maintenance and Night Inspections Services - Roadway Lighting and these contract documents.

The Contractor shall divide the roadway lighting locations into two approximately equal groups City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

and service one group each month so that every location receives preventative maintenance once every two months. All other requirements in Section 701-2.3.2 remain in full effect, including:
• The four annual night inspections
• The annual luminaire replacement program (10 locations).

Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative maintenance tasks. The unit price shall be billed monthly for all maintained locations.

Base Bid Item 3 - Preventative Maintenance Services - Standalone Closed-Circuit Television (CCTV)
Work performed on a regular, scheduled basis every two months, with the Contractor maintaining approximately half of the standalone CCTV locations each month on a rotating schedule and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.3 Preventative Maintenance Services - Standalone Closed-Circuit Television (CCTV) and these contract documents.

The Contractor shall service half the locations each month so that every standalone CCTV location receives a full visit once every two months. All other requirements in Section 701-2.3.3 remain in full effect, including:
• The annual air filter replacement.

Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative maintenance tasks. Current locations: None are currently in operation. The contractor shall assume for this agreement 2 locations.

Base Bid Item 4 - Preventative Maintenance Services - Flashing Warning Beacon / Radar Feedback
Work performed on a regular, scheduled basis every two months, with the Contractor maintaining approximately half of the flashing warning beacon/ radar feedback locations each month on a rotating schedule, and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.4 Preventative Maintenance Services - Flashing Warning Beacon/ Radar Feedback and these contract documents.

The Contractor shall divide the 20 locations (12 flashing beacons+ 8 radar feedback signs) into two groups and service one group each month, ensuring each location is maintained once every two months. All other requirements in Section 701-2.3.4 remain in full effect, including:

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• One-time battery replacements, indication replacements at 6 locations • Annual repainting at 1 location.

Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative maintenance tasks.

Base Bid Item 5 - Preventative Maintenance Services - Enhanced Visibility Crosswalk Work performed on a regular, scheduled basis every two months, with the Contractor maintaining approximately half of the enhanced visibility crosswalk locations each month on a rotating schedule, and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.5 Preventative Maintenance Services - Enhanced Visibility Crosswalk and these contract documents.

The Contractor shall service half the locations each month so that every enhanced visibility crosswalk location receives preventative maintenance once every two months. All other requirements in Section 701-2.3 .5 remain in full effect, including:
• One-time battery replacements at 6 locations annually • Repainting at 1 location annually.

Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative maintenance tasks.

Bid Item 6 - On-Call and Emergency Response Services, Modification Services, and Additional Work
Furnish all labor, materials, equipment, vehicles, supervision, and overhead necessary to perform the following services, which are not included in the Base Bid Preventative Maintenance Services (Bid Items 1 through 5) and shall be compensated separately:
• On-Call and Emergency Response Services for traffic signals, roadway lighting, standalone CCTV, flashing warning beacons/radar feedback signs, and enhanced visibility crosswalks due to vehicle collisions, vandalism, civil disorder, windstorms, natural disasters, power outages, or other unplanned events, as detailed in Section 701-2.5.1. • Modification Services and Materials for upgrades, installations, replacements, or modifications that exceed routine preventative maintenance (including but not limited to installation of CCTV systems, traffic signal cabinet replacements, field wiring modifications, vehicle detection loops or cameras, conduit or fiber optic cable, new construction support, turn-on support, LED re-lamping, and provision of spare equipment), as detailed in Section 701-2.5.3.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

• Additional Work Not Listed in the Scope of Work - any other services or materials requested by the City that are not specifically included in the Base Bid or other bid items.

The Contractor shall provide an immediate response to emergency requests, arriving on site within one (1) hour during normal business hours and within two (2) hours during non-working hours.

Compensation: All work under this bid item shall be compensated separately from the monthly preventative maintenance unit prices using applicable contract unit prices (where established), negotiated prices, or on a time-and-material basis.

The Contractor shall submit with the bid the following completed rate sheets:
• Labor Rate Sheet - straight time and overtime rates for all labor classifications during business hours and after hours (nights, weekends, and holidays). • Equipment Rate Sheet - hourly rates for all equipment, vehicles, and tools. • Material Rate Sheet - per the material rate sheet.

These rate sheets shall govern payment for time-and-material work. Labor and equipment shall be paid at the approved rates; materials shall be charged at supplier invoice cost plus the approved markup. All rates include full compensation for wages, overhead, profit, benefits, taxes, and incidental costs.

Work under this item generally requires prior written authorization from the City, except for true emergencies (which require prompt documentation and subsequent approval). The City reserves the right to negotiate prices or bid work separately if mutually acceptable terms cannot be reached.

Bid Item 7 - Underground Service Alert (USA/ Dig Alert) Ticket Processing and Mark out
Furnish all labor, equipment, vehicles, and supervision necessary to review, process, locate, mark, and provide positive response for Underground Service Alert (USA/Dig Alert) tickets assigned to the Contractor, including attendance at field meetings when requested, in accordance with Section 701-2.5.2.

Compensation: This item shall be compensated separately from the Base Bid preventative maintenance items at the contract unit price per Dig Alert ticket processed. The unit price shall constitute full payment for all labor, materials, vehicles, equipment, supervision, and overhead required to complete the work, including marking with appropriate abbreviations and providing positive responses within twenty-four (24) hours as required by California Government Code Section 4216 and Dig Alert guidelines.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

ADD ALTERNATE 1 BID ITEMS - MONTHLY PREVENTATIVE

MAINTENANCE SERVICES
AA 1 Bid Item 1 - Preventative Maintenance Services - Traffic Signals Work performed on a regular, scheduled monthly basis, and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.1 Preventative Maintenance Services - Traffic Signals and these contract documents.

The Contractor shall visit each traffic signal location once every thirty (30) days and perform a comprehensive inspection, cleaning, adjustment, and repair (as necessary) of all traffic signal control equipment. All other requirements in Section 701-2.3.1 remain in full effect, including:
• Four annual night inspections
• Annual functional testing (CMU/MMU, EVP, BBS)
• City-directed annual replacement programs (15 BBS battery locations, 15 indication locations, 10 safety lighting/lISNS locations, IO repainting/rehabilitation locations) Annual air filter replacements and camera cleaning
Compensation is on a per-location, per-month unit price basis and constitutes full payment for ·all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative tasks.

AA 1 Bid Item 2 - Preventative Maintenance Services - Roadway Lighting Work performed on a regular, scheduled monthly basis, and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.2 Preventative Maintenance Services - Roadway Lighting and these contract documents. All other requirements in Section 701-2.3.2 remain in full effect, including:
• The four annual night inspections
• The annual luminaire replacement program (10 locations).

Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative tasks.

AA 1 Bid Item 3 - Preventative Maintenance Services - Standalone Closed-Circuit Television (CCTV): Work performed on a regular, scheduled monthly basis, and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.3 Preventative Maintenance Services - Standalone Closed-Circuit Television (CCTV) and these City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

contract documents. All other requirements in Section 701-2.3.3 remain in full effect, including:
• The annual air filter replacement.

Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative tasks.

AA 1 Bid Item 4 - Preventative Maintenance Services - Flashing Warning Beacon/ Radar Feedback
Work performed on a regular, scheduled monthly basis, and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.4 Preventative Maintenance Services -Flashing Warning Beacon/ Radar Feedback and these contract documents. All other requirements in Section 701-2.3.4 remain in full effect, including:
• One-time battery replacements, indication replacements at 6 locations • Annual repainting at 1 location.

Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative tasks.

AA 1 Bid Item 5 - Preventative Maintenance Services - Enhanced Visibility Crosswalk Work performed on a regular, scheduled monthly basis, and billed monthly. These services include scheduled inspections, cleaning, adjustments, painting, testing, air filter replacements, and foreseeable component replacements/repairs as detailed in Section 701-2.3.5 Preventative Maintenance Services - Enhanced Visibility Crosswalk and these contract documents. All other requirements in Section 701-2.3.5 remain in full effect, including:
• One-time battery replacements at 6 locations annually • Repainting at 1 location annually.

Compensation is on a per-location, per-month unit price basis and constitutes full payment for all labor, materials, equipment, appurtenances, vehicles, supervision, and overhead required for the specified preventative tasks.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

EXHIBIT D - BASE BID & ADD AL TERNA TE

PROPOSAL FORM
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

BASE BID PROPOSAL
The undersigned proposes to furnish all labor, materials, equipment, tools, supervision, and services necessary to perform the work described in Exhibit B - Scope of Services, Section 701, in accordance with the contract documents for the following unit prices. Prices shall include all taxes, permits, overhead, and profit.

BASE BID - PREVENTATIVE MAINTENANCE SERVICES FORM
BASE

BID DESCRIPTION UNIT UNIT EXTENDED

ITEM PRICE PRICE
NO.

BI-MONTHLY PREVENTATIVE
1 MAINTENANCE SERVICES - TRAFFIC LS/MO

SIGNALS (PMTS)

BI-MONTHLY PREVENTATIVE
2 MAINTENANCE AND NIGHT LS/MO INSPECTIONS SERVICES - ROADWAY

LIGHTING (PMRL)

BI-MONTHLY PREVENTATIVE
3 MAINTENANCE SERVICES - LS/MO

STANDALONE CCTV (PMCCTV)
Bl-MONTHLY PREVENTATIVE
4 MAINTENANCE SERVICES - FLASHING LS/MO BEACON/RADARFEEDBACK (PMBRFB)

BI-MONTHLY PREVENTATIVE
5 MAINTENANCE SERVICES - LS/MO ENHANCED VISIBILITY CROSSWALK (PMEVC)

ON-CALL AND EMERGENCY
6 RESPONSE SERVICES, MODIFICATION T&M

SERVICES, AND ADDITIONAL WORK

UNDERGROUND SERVICE ALERT (USA
7 / DIGALERT) TICKET PROCESSING EA

ANDMARKOUT

ON-CALL I EMERGENCY I MODIFICATION SERVICES (TIME AND MATERIALS)

MATERIAL UNIT PRICING
ITEM DESCRIPTION UNIT #
1 PAINT TRAFFIC SIGNAL CABINETS
2 PAINT TRAFFIC SIGNAL EQUIPMENT PER

INTERSECTION
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

EA
EA
EST. UNIT PRICE QTY.
15 .
15 ITEM DESCRIPTION UNIT #

ACCESSIBLE PEDESTRIAN SYSTEM
3 (COMPLETE SYSTEM), POLARA IDS
TOUCHLESS, 4 BUTTON SYSTEM W/ CCU

ACCESSIBLE PEDESTRIAN SYSTEM
4 (COMPLETE SYSTEM), POLARA IDS
TOUCHLESS, 6 BUTTON SYSTEM W/ CCU

ACCESSIBLE PEDESTRIAN SYSTEM
5 (COMPLETE SYSTEM), POLARA IDS
TOUCHLESS, 8 BUTTON SYSTEM W/ CCU

ACCESSIBLE PEDESTRIAN SYSTEM PUSH
6 BUTTON (BUTTON ONLY), PO LARA IDS

TOUCHLESS
7 ADA PEDESTRIAN PUSH BUTTON
(BUTTON ONLY)
8 BATTERY BACKUP SYSTEM (BBS)

BATTERY REPLACEMENTS

BATTERY BACKUP SYSTEM (COMPLETE),
CLARY SP 1250LX 72V W/ FAST BATTERY
9 CHARGER W/ CLARY SPO-09A3 USHA X
W/SPD-302C BY-PASS SWITCH W/ CLARY
OUTPOST OP72C BATTERIES
10 PEDESTRIAN PUSH BUTTON SIGN, 5"X7"
11 PEDESTRIAN PUSH BUTTON SIGN, 9"X12"
12 ROADWAY LIGHTING (LUMINAIRE)

LAMP REPLACEMENT
13 CABINET, TYPE P
14 LLSNS HOUSING 6'
15 LLSNS HOUSING 8'
16 LLSNS LED MODULE, 6'
17 LLSNS LED MODULE, 8'
18 LLSNS STREET NAME SIGN PANEL, 6'
19 LLSNS STREET NAME SIGN PANEL, 8'
20 INDICATION, ARROW, GREEN
21 INDICATION, ARROW, RED
22 INDICATION, ARROW, YELLOW
23 INDICATION, BALL, GREEN
24 INDICATION, BALL, RED
25 INDICATION, BALL, YELLOW
26 INDICATION, PEDESTRIAN COUNTDOWN
MODULE
27 INDICATION, PV, GREEN
28 INDICATION, PV, RED
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EST. UNIT PRICE QTY.
5 5
5 10
20 10
10 50
50 20
5 15
15 15
15 15
15 30
30 30
30 30
30 50
30 30
ITEM DESCRIPTION UNIT #
29 INDICATION, PV, YELLOW
30 POLE, TYPE A
31 POLE, TYPE 15
32 POLE, TYPE 17 (COMPLETE WITH MAST

ARM AND LUMINAIRE MAST ARM)
33 POLE, TYPE 19 (COMPLETE WITH MAST

ARM AND LUMINAIRE MAST ARM)
34 POLE, TYPE 19A (COMPLETE WITH MAST

ARM AND LUMINAIRE MAST ARM)
35 POLE, TYPE 28 (COMPLETE WITH MAST

ARM AND LUMINAIRE MAST ARM)
36 POLE, TYPE 29 (COMPLETE WITH MAST

ARM AND LUMINAIRE MAST ARM)
37 POLE, TYPE 29A (COMPLETE WITH MAST

ARM AND LUMINAIRE MAST ARM)
38 PULL BOX, #5, LID ONLY
39 PULLBOX,#5
40 PULLBOX,#6
41 PULL BOX, #6E
SIGNAL HEAD, 4-SECTION (COMPLETE WI
42 BACKPLATE AND ALL APPURTENANCES

NECESSARY FOR INSTALLATION)
SIGNAL HEAD, 3-SECTION (COMPLETE WI
43 BACKPLATE AND ALL APPURTENANCES

NECESSARY FOR INSTALLATION)
SIGNAL HEAD, 5-SECTION (COMPLETE WI
44 BACKPLATE AND ALL APPURTENANCES

NECESSARY FOR INSTALLATION)
45 PEDESTRIAN HEAD MOUNT (INCLUDING

TERMINAL BLOCK, FRAMEWORK, ETC)
46 VEHICLE HEAD MOUNT (INCLUDING

TERMINAL BLOCK, FRAMEWORK, ETC)
47 PROVIDE & INSTALL TRAFFIC

DETECTION LOOP, CALTRANS TYPE E
48 INSTALL TRAFFIC DETECTION LOOP,

CAL TRANS TYPE F
49 INSTALL TRAFFIC DETECTION LOOP,

CALTRANS TYPE Q
City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EST. UNIT PRICE QTY.
30 2
2 2
15 2
2 2
2 10
10 10
10 5
5 5
10 10
15 15
15 ADD ALTERNATE PROPOSAL
The City may elect to include or exclude any Add Alternate at its sole discretion.

ADD ALTERNATE 1 BID- PREVENTATIVE MAINTENANCE SERVICES FORM ADD UNIT EXTENDED ALT DESCRIPTION UNIT PRICE PRICE #
AA-1 Monthly Preventative Maintenance LS/Mo Services - Traffic Signals (PMTS) Monthly Preventative Maintenance and
AA-2 Night Inspections Services - Roadway LS/Mo
Lighting (PMRL)
AA-3 Monthly Preventative Maintenance LS/Mo Services - Standalone CCTV (PMCCTV) Monthly Preventative Maintenance
AA-4 Services - Flashing Beacon / Radar LS/Mo
Feedback (PMBRFB)
Monthly Preventative Maintenance
AA-5 Services - Enhanced Visibility Crosswalk LS/Mo
(PMEVC)
Notes:

1. The contract will be awarded based on the Base Bid only.

2. The City will provide annual lists of specific locations for major replacement tasks (e.g., indications, batteries, repainting).

3. On-Call and Modification Services will be authorized in writing (except emergencies) and compensated at the bid hourly rates, equipment rates, and material cost plus markup.

4. All prices shall remain firm for the initial three years, + 1, + 1 term, subject to any approved CPI adjustment thereafter.

5. The City reserves the right to add or delete locations. New locations shall be added at the same unit prices; deletions shall reduce compensation proportionally (prorated if midmonth).

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

EXHIBIT E - SAMPLE MAINTENANCE SERVICES

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

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE

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

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

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

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

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

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

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

AGREEMENT:

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

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

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

3. Term. The Contractor shall commence providing the required services on [Month Date Year OR effective on the date stated above] and this Agreement shall continue in full force and effect until [Month Date Year OR until the work required by this Agreement is completed], subject to termination as provided in Section 18, except the indemnification provisions contained in Section 12 shall remain in full force and effect after the Agreement is terminated. The Agreement may be extended by the City for two, one-year terms if the Contractor's performance is satisfactory and it is in the interest of the City.

4. Payment.

A. Payment for Services. City agrees to pay Contractor for providing the maintenance services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation; Method of Payment), attached and incorporated herein for the not-to-exceed sum of XXXX ($xxx.xx) in Year One of the Agreement [include additional not-to-exceed amounts for future years1
This Agreement also includes a twenty percent (20%) contingency in an amount not-toexceed XXXX ($XXX.XX) to account for unforeseen conditions or additional work related to this project. The allowance shall be used solely by the City to address any unforeseen repairs or additional work related to the Scope of Services. The Contractor shall obtain written approval from the City for the use of the allowance, which approval shall not be unreasonably withheld or delayed.

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

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

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

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 19.

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

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

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

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

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

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

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

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

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

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

C. Subcontractors. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any 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) [Delete if the services do not require a professional license and insert "Intentionally Omitted"] Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 (a) per claim and (b) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement.
4) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

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

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

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

G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not -7-
replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

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

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

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

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

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

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

N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each 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. -8-

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

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

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

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

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

14. State Labor Code; Prevailing Wage Requirements.

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

B. Prevailing Wage. Contractor and all sub-contractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the State Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 -9-
and 1774. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Laguna Niguel or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

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

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

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

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

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

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

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

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 -10-
specified in State Labor Code Section 1776 directly to the State Labor Commissioner at least monthly in the format prescribed by the State Labor Commissioner.

I. Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777. 7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Section 1777.5 of the Labor Code requires Contractor or Contractors employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Section 1777.6 of the Labor Code provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

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

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

K. Overtime. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 -11-
hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

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

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

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

15. Workers' Compensation Insurance. Contractor acknowledges the provisions of State Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and Contractor certifies that it will comply with these provisions before commencing performance of work under this Contract. The Contractor shall sign a Workers' Compensation Insurance Certificate, in a form satisfactory to the City, and submit the signed Certificate to the City prior to commencing work under this Contract.
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16. Payment Bond Required. For any work performed under this Agreement, such as "repair'' work, that does not qualify as "maintenance" work, a Payment Bond (Labor and Materials) shall be submitted by Contractor to the City for the estimated value of that public project work if the value of that work exceeds $25,000.00. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount for that public project work, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit "C" and incorporated herein by this reference.

17. Warranty.

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

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

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

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

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

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

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

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

CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
CONTRACTOR: Company Name
Attn: Name
Address: Business Mailing Address
City, State, Zip Code: City, State, Zip Code
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20. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of Services described in Exhibit "A" hereto by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

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

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

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

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

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

26. Successors and Assigns. The terms and conditions of this Agreement shall be -15-
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)
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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"

COMPANY NAME
By:------------
Print Name:
--------- Tit I e: -----------
By:------------
Print Name: - --------
Title: -----------
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130 l 8-0008\2524884v4.doc
EXHIBIT "A"

SCOPE OF SERVICES
A-1
April 2021 Version
EXHIBIT "B"
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
[The method of compensation may include: (i) a lump sum payment upon completion of the services, (ii) payment in accordance with specified tasks or the percentage of completion of the services, (iii) payment for time and materials based upon Contractor's rates, provided that time estimates are provided for the performance of sub tasks, but not exceeding the not-to-exceed sum or (iv) such other methods as may be agreed upon between the parties.]
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13018-0008\2524884v4.doc
April 2021 Version
EXHIBIT "C"

FORM OF PAYMENT BOND
Form of Payment Bond (Labor and Materials)
(If and when required under Section 16 of Agreement)
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 principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

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

Dated:

NOTE:

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

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

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

PRINCIPAL'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)
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-3

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-4

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

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

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

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

4. Section 3 - Term. We recommend an initial term of no more than three years for most on-going maintenance contracts. In some cases, a shorter period is warranted. If this is a one-time maintenance project, replace the text of Section 3 with the following:
"This Agreement shall become effective on the date first set forth above and shall remain in effect until the tasks described herein are completed to City's approval, but in no event later than _ ______ , 20_, unless sooner terminated pursuant to Section 19 of this Agreement."
If the Agreement is approved by the City Council, the Agenda Report may grant authority to the City Manager to extend the terms of the Agreement for two (2) additional one-year terms, as long as the payment to the Contractor does not exceed $50,000.00. If these conditions are met, language to that affect can be added into Section 3.

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

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

D-1
130 I 8-0008\2524884v4.doc
April 2021 Version

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

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

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

10. Exhibit B is the schedule of compensation. Ideally, but no necessarily, the RFP would include a blank schedule of fees and charges to be filled in the proposers, which can be pulled out from the proposal and attached to the Agreement. Exhibit B should also set forth the manner and time of payment, including invoice requirements.

D-2
J 3018-0008\2524884v4.doc
April 2021 Version

ATTACHMENT B
Proposals Evaluation Summary
RFP Name:

RFP Issue Date:

RFP Due Date:

No. of Bidders:

City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
(949) 362-4337 - www.cityoflagunaniguel.org/pw
CW Traffic Signal and Streets Electrical Maintenance
March 31, 2026
April 24, 2026
3 Proposals Evaluation Summary
Firm Name Evaluation Average Evaluation Ranking
Bear Electrical Solutions, LLC 99 1
YUNEX, LLC. 87 2
AMTEK Construction 78 3

ATTACHMENT C
Maintenance Services Agreement with
Bear Electrical Solutions, LLC

AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
CITYWIDE TRAFFIC SIGNAL and STREETS ELECTRICAL MAINTENANCE 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 Bear Electrical Solutions, LLC, a California Limited Liability Company, hereinafter the "Contractor." City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as "Parties". Contractor has been qualified by the California Secretary of State to conduct business in the state of California.

Contractor's license number is 982079, classification C-1 O; Contractor's DIR registration number is 1000002158. 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 Signal Maintenance and Streets Electrical Maintenance.

B. The City circulated a Request for Proposals for Citywide Traffic Signal and Streets Electrical Maintenance on March 31, 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 identified as Citywide Traffic Signal and Streets Electrical Maintenance (the "Project").

Contractor agrees to perform the services for City, in a manner satisfactory to City, as -1-
described in the Scope of Services ("Services") which is attached hereto as Exhibit "A" which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and Exhibit "A", the terms of this Agreement shall control.

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

3. Term. The Contractor shall commence providing the required services on 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 in the amount and in the manner and at the times set forth in Exhibit "B" (Schedule of Compensation), attached and incorporated herein for the not-to-exceed amount of Four Hundred Seventy-Five Thousand Dollars ($475,000) per year.

This Agreement also includes a twenty percent (20%) contingency of the total contract amount not-to-exceed Ninety-Five Thousand Dollars ($95,000) per year, for unforeseen conditions, emergency response services, or additional work. The Contractor shall obtain written approval from the City prior to any use of the contingency, which approval shall not be unreasonably withheld or delayed.

In no event shall the total compensation paid to the Contractor for the Scope of Services exceed the sum of Five Hundred Seventy Thousand Dollars ($570,000) per year.

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

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

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 19.

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

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

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

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

D. Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
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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. 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 -6-
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.

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 -7-
noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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

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

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

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

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

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

P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
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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 or may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

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

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

Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the -9-
Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

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

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

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

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

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

I. Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Section 1777.5 of the Labor Code requires Contractor or Contractors employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship -10-
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 vjolation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

L. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
M. Subcontractors. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a -11-
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.
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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: Bear Electrical Solutions, LLC
Attn: Robert Asuncion
Address: 1252 State Street
City, State, Zip Code: Alviso, Ca. 95002

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. -14-

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

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

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

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

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

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

ATTEST:

Marissa J. Asistin
City Clerk

APPROVEDASTOFORMBYTHE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Scott C. Smith
City Attorney
"CITY"

CITY OF LAGUNA NIGUEL
By:
------ ----- Tam a r a S. Letourneau
City Manager
"CONTRACTOR"
Bear Electrical Solutions, LLC, a California
Limited Liability Company
By:------------
Print Name:
--------- Tit I e: ___________ _
By:-- ----------
Print Name:
- - ------- Tit I e: - -----------
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EXHIBIT "A"

SCOPE OF SERVICES
A-1
PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
SECTION 701 - CONSTRUCTION
Amend the 'Greenbook' Standard Specifications as follows:

Add the following :
701-2.1 DEFINITIONS
The following definitions shall apply to this section and all subsequent subsections:
• Battery Backup System (BBS): All components necessary for a fully functioning battery backup system, including the inverter, keypad, screen, batteries, harness, transfer switch, generator plug, and all appurtenances. • Closed Circuit Television (CCTV): All components required for a fully functioning CCTV system and its communication, including the camera, camera housing, lens, dome, mounting brackets, cables, power supply, network cables, and all appurtenances.
• Traffic Signal Controller Assembly (Controller): All components required for the full operation of a traffic signal controller, including the controller housing, power supply, front panel, display, keyboard, processor unit, interface boards, connectors, harnesses, and all appurtenances.
• Enhanced Visibility Crosswalk: The installation of traffic conspicuity and/or traffic control equipment at crosswalks to enhance pedestrian safety. Examples include Rectangular Rapid Flashing Beacons (RRFB), High-Intensity Activated Crosswalk (HAWK) systems, and similar devices.
• Modification and On-Call Services: Services directed by the City and performed on an as-needed basis, billed monthly. These services include repair or replacement of equipment damaged by vehicle collisions, vandalism, civil disorder, windstorms, natural disasters, or street construction. They also include extraordinary or emergency maintenance such as Underground Service Alert (USA), locating and marking, as well as replacements due to obsolescence, regulatory updates, or other unusual factors when the labor and materials required exceed routine maintenance to ensure the safe and efficient operation of the City's traffic signal system. • Preventative Maintenance Services: Services performed on a regular, scheduled basis and billed monthly. These services include preventative maintenance inspections, equipment cleaning, adjustments, painting, testing, and foreseeable replacements and repairs.
• Traffic Signal Cabinet: The controller cabinet, communications cabinet (if applicable), BBS cabinet (if applicable), electrical service cabinet (if applicable), and electrical service pedestal (if applicable).
• Unauthorized Attachments: Any fliers, notices, posters, or similar items placed near or attached to traffic control equipment without prior City approval. This definition does not include graffiti.

City of Laguna Niguel - Public Works Department

CITYWIDE TRAFFIC SIGNAL AND STREETS ELECTRICAL MAINTENANCE