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Home My WebLink About2025-03-04; City Council; Resolution 2025-061uocus,gn t:nvelope 1u: t:t:::lt:i11:!:.!:.!-t:t:iUU-4t;!:IU-A!:lt-:.!-t-t:it:i!:lt:i::1Ut;;:i;:i::,::, RESOLUTION NO. 2025-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT FOR SIDEWALK REPAIR SERVICES TO SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. DBA PRECISION CONCRETE CUTTING IN AN AMOUNT NOT TO EXCEED $200,000 WHEREAS, the City Council of the City of Carlsbad, California has determined that the city requires the services of a contractor that is experienced in concrete sidewalk inspection, hazard removal and slicing services; and WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.100 provides that the city's purchasing officer may buy directly from a contractor at a price established by another public agency when the other agency made its purchase in a competitive manner; and WHEREAS, on Nov. 15, 2024, the City of San Clemente issued a Request for Proposals for Sidewalk Repair Improvement, and then awarded a contract to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting for sidewalk trip hazards and assessment services to address sidewalk defects citywide; and WHEREAS, Southern California Precision Concrete, Inc. dba Precision Concrete Cutting has agreed to extend the pricing in the agreement with the City of San Clemente to the City of Carlsbad; and WHEREAS, sufficient funding is available in the account for the Concrete Repair/Replacement Program, Capital Improvement Program Project No. 6013-25 to cover this agreement; and WHEREAS, on Feb. 25, 2025, the city's purchasing officer has determined that entering into an agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting satisfies the requirements of CMC Section 3.28.100; and WHEREAS, the City Planner has determined that based on the review of the record as a whole, the agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting for sidewalk inspection, hazard removal and slicing services (i.e., maintenance services) is categorically exempt from the California Environmental Quality Act, or CEQA, under CEQA Guidelines Section 15301 (Existing Facilities), as it pertains to the maintenance and repair of existing sidewalks, and this exemption applies because the project involves no expansion of use and will not result in significant environmental effects. uocus1gn envelope IU: t:t:Jti1 l:i:.!.!-t:tiUU-41.,;!:IU-Abt-:.!-t-titibtiJU(.;jjbb NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the agreement for sidewalk repair services with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting in an amount not to exceed $200,000 is hereby approved. 3. That the City Manager or designee is authorized and directed to execute the Agreement, which is attached hereto as Attachment A. 4. That the City Manager or designee is authorized to sign all other documents necessary for regulatory compliance, to extend funding opportunities, or to otherwise implement and finalize the project, all of which are subject to review and approval as to form by the City Attorney's office. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of March 2025, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) uocusIgn 1:cnveIope Iu: 1:c1:c;:so11:1:.1:.1-1:couu-41.,;!:fu-Abt-:.!-t-oobt>;:su1.,;;:s;:st,t, PSA25-3675TRAN AGREEMENT FOR CONCRETE SIDEWALK INSPECTION, HAZARD REMOVAL AND SLICING SERVICES WITH SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. DBA PRECISION CONCRETE CUTTING 12th THIS AGREEMENT is made and entered into as of the ______ day of March __________ __, 2025, by and between the City of Carlsbad, California, a municipal corporation ("City") and Southern California Precision Concrete, Inc. dba Precision Concrete Cutting, a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in concrete sidewalk inspection, hazard removal and slicing services ("Services"). B. Contractor has the necessary experience in providing the Services. C. Contractor entered into an Agreement with the City of San Clemente for sidewalk trip hazards and assessment services to address sidewalk alterations citywide. The contract with the City of San Clemente was awarded to the Contractor after responding to the City of San Clemente's Request for Proposal for Sidewalk Repair and Improvement Program dated November 15, 2024. D. Pursuant to Carlsbad Municipal Code Section 3.28.100, the City's purchasing officer may buy directly from a contractor at a price established by another public agency when the other agency made their purchase in a competitive manner. • E. Contractor has agreed to extend the same pricing in the Agreement with the City of San Clemente to the City of Carlsbad. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those Services described and delineated in the Agreement for Maintenance Services with the City of San Clemente, which is provided in its entirety as Attachment "A" and incorporated by this reference. To the extent that any of the terms in Attachment "A", including any exhibits, conflict with the terms in this Agreement, in whole or in part, the terms of this Agreement control. 2. TERM The term of this Agreement will be effective from the date first above written until January 13, 2026. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed two hundred thousand dollars ($200,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 4. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any Page 1 City Attorney Approved Version 5/22/2024 PSA25-3675TRAN subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 5. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the on line training or reaching out to the Proco re support team. It will be the responsibility of the Contractor to regularly check Proco re and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 6. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: Page2 City Attorney Approved Version 5/22/2024 uocusIgn t:nveIope Iu: t:t::$ti1tl:.!:.!-t:tiUU-4G!:IU-Aol-,H-titi!>ti:$UG:$:$!>!> For City: Name Title Dept Address Phone Eddie Wills Associate Engineer Public Works CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 442.359.9650 PSA25-3675TRAN For Contractor: Name Title Address Phone Email Kevin Yocum Project Manager 320 State Place ESCONDIDO, CA 92029 619.206.1870 KEVIN@PCCTRIPHAZARDREMOVAL.COM Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes □ No ~ 9. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https:/ /ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 10. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 11. NO ATTORNEYS FEES AND COSTS. Except as otherwise specifically provided in this Agreement, if there is any litigation, mediation, arbitration or other dispute resolution proceedings arising out of this Agreement, each Party shall for its own attorney(s)'s and other professional(s)' fees, costs and expense. 12. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. [SIGNATURES ON FOLLOWING PAGE) Page3 City Attorney Approved Version 5/22/2024 uocus1gn 1:nve1ope 1u: t:t:Jti1~:.!:.!-t:tiUU-4L;!:IU-Aot-:.!-t-titiotiJUt,;JJ::,::, PSA25-367STRAN IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above. CONTRACTOR SOUTHERN CALIFORNIA PRECISION CONCRETE, INC., dba PRECISION CUTTING, a California corporation By: (sign here) Ron Durna, CEO By: (sign here) Kevin Yocum, Chief Operations Officer CITY OF CARLSBAD, a municipal corporation of the State of California By: KEITH BLACKBURN, Mayor ATTEST: SHERRY FREISINGER, City Clerk By: Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached . .!f....g_ corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: ___ bt_l/\4,_~ __ iA-__ _ Assistant City Attorney City Attorney Approved Version 5/22/2024 Page4 PSA25-3675TRAN City Attorney Approved Version 5/22/2024 Page 5 Attachment “A” Agreement for Maintenance Services City of San Clemente Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 10 of 44 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 11 of 44 Attachment 2 CITY OF SAN CLEMENTE AGREEMENT FOR MAINTENANCE SERVICES 1. PARTIES AND DATE. This Agreement is made and entered into this J1_ day of '--\o."(\\J(i\~ , 20 ZS, by and between the City of San Clemente, a municipal corporation, organized uner the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 ("City") and Southern California Precision Concrete, Inc., dba Precision Concrete Cutting, a California corporation, with its principal place of business at 2581 Highgate Court, Chino Hills, CA 91709-1137 ("Contractor"). City and Contractor are sometimes individually referred to h~rein as "Party" and collectively as "Parties" in this contract. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provI sIon of certain sidewalk trip hazard removal, assessment and maintenance services requi red by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for City of San Clemente -Request for Proposal, Sidewalk Repair, and Improvement Program dated November 15th, 2024 are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing sidewalk trip hazard removal, sidewalk assessment services, and maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the Sidewalk Repair and Improvement Program project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1 .1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from January 14, 2025, to January 13, 2026, or until the Services are completed to the City's satisfaction, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 12 of 44 3.2 Responsibilities of Contractor. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates Shawn Ryan, Deputy Public Works Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Parker Yocum, Project Director, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 4930-2831-8985 v2 55452.01100\31090125.5 2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 13 of 44 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times. 3.2. 7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (8) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.1 O Labor 3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of ~3~2~1~9~~ 3 55452.01100\31090125.5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 14 of 44 Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771 .1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR . It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771 .1 shall not apply to work performed on a maintenance project that is exempt pursuant to the small project exemption spz.ftjfie~or Code sections 1725.5 and 1771 .1. !Mt UYU"/1v 3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City. 3.2.12 Bonds. 3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required , no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written 4930-2831-8985 v2 4 55452.01100\31090125.5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 15 of 44 notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with S~ction 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.13 Water Quality Management and Compliance. 3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. 3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted , regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs. 3.2.13.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of San Clemente Water Quality Improvement Plan ("WQIP"), the City of San Clemente Jurisdictional Urban Runoff Management Plan ("JURMP"), and the applicable Water Quality Management Plan ("WQMP"). These documents contain Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. 4930-2831-8985 v2 55452.01100\31090125.5 5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 16 of 44 Contractor shall be familiar with these documents and shall comply with the requirements as specified therein. A copy of the DAMP is available on the internet at: www.ocwatersheds.com A copy of the San Clemente WQIP and JURMP are available on the internet at: www.sccleanocean.org. The City will provide a copy of any applicable project WQMP. 3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services. 3.2.13.5 Liability for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole estab.lished negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor's failure to comply with any applicable water quality law, regulation , or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with , any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor's failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "E" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thousand Dollars ($200,000) without prior written approval of City's 4930-2831-8985 v2 55452.01100\31090125.5 6 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 17 of 44 City Council. Extra Work may be previously authorized in writing, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate , through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Contractor's fees , the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless previously authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work wh ich is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without prior written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "E" may be adjusted· each year at the time of renewal as set forth in Exhibit "E." 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time, with or without cause , by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated on ly for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance 4930-2831-8985 v2 7 55452.01100\31 090125.5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 18 of 44 of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: City: Southern California Precisian Concrete Cutting, Inc dba Precision Concrete Cutting 2581 Highgate CT Chino Hills, CA 91709-1137 ATTN: Parker Yocum, Project Director City of San Clemente 91 0 Calle Negocio San Clemente, CA 92673 ATTN: Laura Campagnolo, City Clerk and Shawn Ryan, Deputy Public Works Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. 3.5 .6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or 4930-2831-8985 v2 8 55452.01100131090125.5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 19 of 44 in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.1 O City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4930-2831 -8985 v2 55452.01 100131090125.5 9 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 20 of 44 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or seNice voluntarily given or performed by a Party shall give the other Party any contractual rights by custom , estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her seNice with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities re lated to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require 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 agrees to comply with such provisions before commencing the performance of the SeNices. 3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written 4930-2831-8985 v2 10 55452.01100\31090125.5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 21 of 44 approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement [S IGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. CIT ERK of the City of San lemente, California APPROVED AST~ ~~ ElizbethAMitchell, City Attorney APPROVED AS TO AVAILABILITY OF FUNDING: ,:;x/4a- Finance Authorization 4930-2831 -8985 v2 55452. 01100\31090125.5 CITY OF SAN CLEMENT 11 By: ______ -4'--4.....__,_ __ _ Andy Hall, Cit Dated: ------=---....... ,2""--' 2~ Safe Sidewalks, Inc. dba Precision Concrete Cutting, a California corporation ("CONTRACTOR") By ~ ~. Ronald William Duma Jr., CEO Dated: /-,2, 3 I 20 --ZS Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 22 of 44 4930-2831-8985 v2 55452.01100\31090125.5 12 By ~~ Kevin Yocum, e FO Dated: I )aY11J05k 2 3 ' 20-25- Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 23 of 44 EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES Contractor shall perform the following services for the City (collectively, the "Services") to the City's satisfaction: Pre-Project: • Initial kick-off meeting: Contractor shall meet with City staff to go over project objectives, expectations and review project locations. • GIS Integration preparation: Contractor shall verify' data requirements for ESRI Shapefile / Geodatabase formats for eventual incorporation to City GIS. • Project Scheduling: Contractor shall develop a detailed schedule of inspection and maintenance activities with priority given to high-traffic or high-risk areas. Location and Identification: • Contractor shall systematically survey pre-determined areas and adjacent sidewalks to identify all vertical displacements ranging from ¼" to 2". • Contractor shall identify and flag any offsets exceeding 2" for alternative solutions, documenting their locations for future efforts. • Contractor shall update the City's GIS system with initial findings for on-going tracking . Measure, Document and Photograph: • Contractor shall utilize measurement tools to record displacement heights to one- eighth of an inch and capture linear footage for each potential hazard. • Contractor shall take pre-maintenance photographs to provide clear evidence of identified trip hazards. • Contractor shall record GPS coordinates and property details for each location. Review Data with City Staff: • Contractor shall deliver a comprehensive inspection report, including GIS data and a priority list of identified hazards. • Contractor shall collaborate with City staff to determine remediation priorities based on hazard severity, location, and budgetary constraints. Remediate Hazards: • Contractor shall apply horizontal slicing method to remove trip hazards while preserving existing sidewalk structure. • Contractor shall ensure all repairs meet ADA compliance standards, achieving a smooth, uniform surface with a 1: 12 slope. • Contractor shall capture post-maintenance measurements and photographs to document completed work. 4930-2831-8985 v2 55452.01100\31090125.5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 24 of 44 Document Repairs: • Contractor shall update GIS data with details of completed repairs, including remediation dates, measurements and photographs. • Contractor shall provide a complete record of repaired locations for integration into the City's GIS and asset management systems. Review and Report: • Contractor shall attend weekly progress meetings with City staff. • Contractor shall submit bi-Monthly progress reports summarizing work, project progress, and any challenges encountered. • Contractor shall convene regular meetings and provide and collaborate on presentations with City staff to review progress, discuss findings and address feedback. Project Completion and Final Reporting: • Contractor shall deliver a final executive summary report for all completed work, including a comparison of planned vs achieved outcomes. • Contractor shall provide GIS data detailing all remediated hazards and areas identified for future attention. • Contractor shall conduct a project review meeting for final deliverables and lessons learned for future maintenance programs. 4930-2831-8985 v2 55452.01100\31090125.5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 25 of 44 EXHIBIT "8" SCHEDULE OF MAINTENANCE SERVICES Contractor shall diligently perform the services to the City's satisfaction and according to the timeframes for each task as requested by the City. 4930-2831-8985 v2 55452 01100\31090125.5 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 26 of 44 1.1 Insurance. EXHIBIT "C" INSURANCE REQUIREMENTS 1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1 ,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Contractor's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1 ,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees). (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. 1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial 55452.01100\31090125.5 4930-2831-8985 v2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 27 of 44 General Liapility insurance, Contractor shall provide endorsements in the form of ISO CG 20 1 O 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. Additional Insured Endorsements shall not (1 ) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions con,trary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium . (B) Automobile Liability: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium . (C) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage. reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. 1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance 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 the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. 1.1. 7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is can celled 55452.01100\31 090125.5 4930-2831-8985 v2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 28 of 44 or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. 1.1 .9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A-VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder. 1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55452.01100\31090125.5 4930-2831-8985 v2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 29 of 44 EXHIBIT "D" PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Issued in Duplicate Bond No. CIC1938171 THAT WHEREAS, the City of San Clemente (hereinafter referred to as "City") has awarded to Southern California Precision Concrete, Inc., dba Precision Concrete Cutting, {hereinafter referred to as the "Contractor") an agreement for Sidewalk Repair and Improvement Program (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 14, 2025 , {hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Southern California Precision Concrete, Inc., dba Precision Concrete Cutting, the undersigned Contractor and ....:C::..:a::..1:p'-'-'itc.::c.ol~l.,_,.n::::.:de::.:.m.:..cnc.c:i.,_,ty_,C::..:o::..:..r.c::.po::..:r..::.a.:.:.:tio::.:.n,:__ ___________ _ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Two Hundred Thousand DOLLARS and 00 CENTS ($ 200,000.00 ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including, if provided as part of the Contract Documents, the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder sha ll continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 55452.01100131090125.5 4930-2831-8985 v2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 30 of 44 Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents; or (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 55452.01100\31 090125.5 4930-2831-8985 v2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 31 of 44 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 21st January , 20~. CONTRACTOR/PRINCIPAL (Corporate Seal of Contractor/ Principal, if a Corporation) Southern California Precision Concrete, Inc., dba Precision Concrete Cutting Name of Contractor/Principal (Type or Print) By: Name (Signatur: kev/n focun Name (Type or Print) Title (Type or Print) day of SURETY CALlrDRNit~,A~t;e,URPOSE ACK~IOWLEDGMEr,lT (SP-qi of Surety) Capitol Indemnity Corporation Name of Surety (Type or Print) By:___.. <-¥-;J'::,,=:..+-,f---=---=""-""'i,__ ______ _ Willi Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is $10.00 per thousand. The total amount of premium charges, $_2 ...... 0'""'0"""0-'-'.o--'-o __________ _ (The above must be filled in by corporate attorney.) TH IS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 55452.01100\31090125.5 4930-2831-8985 v2 Capitol Indemnity Corporation 1600 Aspen Commons Middleton, Wisconsin 53562-4718 Marsh McLennan Agency 350 S Grand Ave, Ste 3410 Los Angeles, CA 90071 (888)429-0999 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 32 of 44 CALIFOliNIA ALL•PURPOSE ACKNOWLED.GMENT CIVIL CODE § 1·189 A notary piubfjc or other 0fficer'_c0mpleting this certificate verif:ies on1y·the identity gf the individual who signed the document tci which thi$ certificate is attachecl, and ngt the fruthfulriess, accur-ac.y, or validity gf that do(tuffient. . _. .-: . . . . :' . . . . . $tate of c·aiircir~ia C~tinty of . 8,vCP 1# } On JCd) Z.~afe 7J2 > before me, l'\l0>'::r;-,ns'!:tt:!:ad·.Ti~\'jf;g0~cC..:\ \C- persoh€JHY appeared . \cev I i\ '/ ()C..V YY' • • Narn_e(t} of Sigrier(sY w_ho prov~q to ine 0n the basis of5atisfa~fory 1:videiice to. tie the person~) whose namer,} islar~ subscribed to the \vithiri instrurri.ent and acknow1·edged fo me that ne~l:le/tl-ley: executed the same ;r,i, hls/he,{tkeir authorized capacity(i~~nd tMci!t by tiis/~heir signatureW-on the insfrumenHhe personfsh>r the entity llpein beh~lfof which .the perso'J.(s}-fl:ded, execute<sl t_he instrument. • • • NISHA STARKEY Notari Pub;ic • Caiifornia ,. Riversice Countv l'i Con;mission :¢ 2363255 ;;j- y Comm. Expires Jen 29, 2025 _i!}Q;t'f, .. ~(==· . . . Place Notary Seal and/o_r Stqmp Above I certify under PENAL TY Or PlrnJURY und~r the laws of the.State ofCalifornia (hat the foregoing paragraph is frwe and correct. • • WITNESS my haG-a·nd official seal. Signature _.......,~~r:---:---:------'--~--- twe q_f N~tary Public OPTIONAL ' . . Compieting this information can deter alteration 0fthe document or fraudulent ;-eattachment of this form to an unintended document. Otis_cripti<>n of Attached Docurri~nt f\ \ Title or Type of b6cument: --.---· -,-----'l?t=-~~-==--'-\_u=---..;"---(.~P1--=-~,4-___ -~~--_-. _· ~----~-__ f'.c.;...:·_ ''-'-. --\J-. -+--- DocjJn:ient Qate: __ • ---~----------------Number of Pages:.,.._--'--,.......,--,- Signer(s) Other Thari t-.J'amed Above:· --~--'------'----------------'--'- C::ap~dtyl1E1~) Cl~lr:ried by Slgnerifs} Signer's Name: -----'------'---.,......-,--p ¢erpqrat~ ·officer -Tit!e(s): __ ~-~-- ci :tttt.:~;I □-limited . ~--!::~~!~ tn tact ci Trustee ti Gl!iardiaM·of C0Aservat0r Ooth~t: • . . • . . . Signer Is Representing:_----,-____,,--....,.....,-- $igner'$ Nalirle: -----,------'---,------,-....,...-□ Cbrporate Officer:.... Title(s")i ~-· _· ~-----□ Partner -□ Lim:itei □ .General o :lndi~idual • • • d Attorneyin.Fact □ Tru,ste~ • □ Guardian of Conservator o .Other:. -'--c-__._...;_-,-~---,---,-,--~-~ Signef i~ R111presentirig: --,---:---'----~----,-- ·~2:§:Q:l"):§8 ©20l7 N~tio~ai N6t~lryAss9d~tiori Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 33 of 44 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid ity of that document. STATE OF c:M.WR~TENNESSEE COUNTY OF DAVIDSON On January 21 , 20 25, before me, __ C_a_ss_id_y~K_e~IIY~-------' Notary Public, personally appeared ___ W'-'-"-ill"'"'ia"'-m"--"-R""e"'"'id=in"""gLCe"-r __________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .' ,,,11111111,,,~ ! certify under P:EN~~~~~f.~~~JJRY under the laws of the State of California that the foregoing paragraph 1s true and corr,ec~ q... •,!" ~ J ~ •• •• * IF ~ : STATE OF •• ~ WITNESS h d d ff • I I t § f TENNESSEE \ ~ ~my afl.n an o 1c1a sea • t: : ~ NOTARY : : ~1: ~ 0 •. PUBLIC / ~/,1 o,., ~ § ~~ ~ •. .• ~ -~1 ) Sigrf~~Or;~.i;\/tll~:~\~~ ------'._<C.'---"'"--''e.L..!>""""""""'"-"-"'4-+"""""---'f'.,-""--=::...· ---- C) ~;/.~~1/SON CO"v\,,'-~ 04t4t I//J/llf@\\\\\\\ 'b';'j rss,oN E.Xf'\?-.~s . OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ Individual □ Corporate Officer □ Partner( s) o Attorney-I n-Fact □ Trustee(s) □ Guardian/Conservator D Other: Signer is representing: Title(s) D D Name Of Person(s) Or Entity(ies) Limited General Performance & Payment Bond Title or Type of Document Nine (9) Number of Pages January 21, 2025 Date of Document Signer(s) Other Than Named Above NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. 55452.01100\31090125.5 4930-2831-8985 v2 ENDOFPERFORMANCEBONDFORM Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 34 of 44 CAPITOL [NDEMNITY CORPORATION POWER OF ATTORNEY CICI938171 Bond Number KNOW ALL MEN BY THESE PRESENTS. Thal 1hc CAPITOL INDEMNITY CORPORATION. a corporn1ion of 1hc S1n1e of Wisconsin, having ils principal offices in the Ci1y of Middlc1on. Wisconsin. docs make, cons1i1u1c and appoinl William Beidin°er N3me of'lndividnol i1s lmc and lawful Allorney(s)-in-facl, lo make, execule, seal and deliver for and on i1s behalf, as surely, and as ils act nod deed, any and all bonds, undcr1akiugs and conlracls of surclyship. provided 1hat no bond or undertaking or comrnc1 of surctyship exccu1ed under this uu1hority shall exceed in amoum the sum of S Sec Bond Form for CIC 1938 J 71 on bcha If of Srnuhrm Colifomi? Pcrcbion Cnosmc Inc dha Prccision Caorm, Cwtinr BonJ Amoum Bond Number Principal This Power of Attorney is gran1cd and is signed and scaled by facsimile under and by lhc au1bori1y of the following Rcsolu1ion adopled by 1hc Bo.ird of Direc1ors of CAPITOL t:NDEMNITY CORPORATION n1 n mcc1ing duly called and held on 1hc 151h day of May, 2002. "RESOLVED, lhat lhc Presidcn1, Exccu1ivc Vice President. Vice President, Secrclary or Treasurer, acting individually or otherwise, be and 1hcy hereby arc granted the power and au1horiza1ion to appoinl by a Power of Allomey for 1hc purposes only of executing and at1es1ing bonds and unch:nakings, and other writings obliga1ory in the na1urc 1hercof. one or more resident vice-presidents, assistanl secretaries and atlomcy(s)-in-facl, each appoinlce 10 have the powers and du1ies usual 10 such o11iccs lo the business of this company: the signalure of such ofliccrs and seal of lhe Company may be aflixcd 10 any such power of allorncy or to any cer1ificate rclaling 1hcreto by facsimile, and any such power of allomcy or c1:nifica1e bearing such facsimile signulurcs or facsimile seal shall be valid and binding upon lhc Company, and any such power so excculed nnd certified by facsimile signalures and facsimile scnl shall be valid and binding upon 1hc Company in 1hc future wi1h respect 10 any bond or undertaking or other writing obligatory in 1he nature thereof to which i1 is auachcd. Any such appointmcnl muy be revoked. for cause. or wi1hou1 cause, by any of said officers. 111 any lime." In conncc1ion wilh obligations in favor oflhe Florida Department ofTranspona1ion only. it is agreed lhnl 1hc power nnd aulhorily hereby given to lhc Atlomey- in-Fnct includes any and all conscnls for 1hc release of rcmined percentages and/or final cstim.a1cs on engineering and conslruction contracls required by the S1a1e of Florida Dcpar1men1 ofTrnnsporlation. It is fully understood 1hat consenting 10 1he Slate of Florida Dcpanmcnl ofTransponation making payment of 1hc final estimalc 10 lhc Con1ractor and/or ils assignee. shall not relieve lhis surely company of any of ils obliga1ions under its bond. In connection wilh obligalions in ravor of the Ken lucky Depanmenl of Highways only, it is agreed lhat the power and authority hereby given to the A11omcy- in-Fac1 can no I be modified or revoked unless prior wrillcn personal notice of such intem has been given 10 the Commissioner -Depamncnt of Highways of the Commonwcahh of Kentucky al least lhirty (JO) days prior to 1he moditicu1ion or revoca1ion. IN WITNESS WH"EREOF', lhe CAPITOL lNDEMi-;ITY CORPORATION has caused 1hesc presents lo be signed by ils officer undersigned and its corporate seal 10 be hcrclo af!ixcd duly a11es1ed, 1his Isl day of September, 2022. AIICU: f,) T ( (__ V'-L Ryan J. Byrnes Senior Vice President. Chief Financial Officer and Treasurer -r-~~ Todd Burrick ChiefUndcrwri1ing Officer STATE OF WISCONSIN COUNTY OF DANE } S.S.: CAPITOL INDEMNITY CORPORATION a/41~ Adam L. Sills Chief Exccu1ivc Officer and Presidcnl On lhe l sl day of Scp1cmbcr, 2022 before me personally came Adam L. Sills, 10 me known, who being by me duly sworn. did depose and say: 1hat he resides in the County of New York, S1a1e of New York: 1ha1 he is Chief Executive Officer and Prcsidenl of CAPITOL INDEMNITY CORPORATION, 1he corporation described in and which execulcd the above instn1111en1; thal he knows the seal of 1hc said corporo1ion; 1hu1 the seal affixed to sa id inslrumcnt is such corpora le seal; that it was so affixed by order of the Board of Directors of said corporal ion and 1hat he signed his name thereto by like order. STA TE OF WISCONSIN COUNTY OF DANE } S.S.: David J. Regele No1ary Public, Dane Co., WI My Commission ls Pem1ancnt I, the undcrsib'llCd, duly elcclcd 10 the office stated below, now 1hc incumbent in CAPITOL INDEMNrn' CORPORATION, a Wisconsin Corpora1ion, au1horizcd to make lhis certificate, DO HEREBY CERTIFY thal the foregoing auached Power of Altomcy remains in full force and has no1 been revoked; and funhcrmorc. that lhc Resolution of lhe Board of Dircc1ors. sr:1 forlh in the Power of Auomcy is now in force. ~ Jl\ ~ Su1.annc M. Broadbent Secretary THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. CIC-cPOA (R<v. 09-2022) Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 35 of 44 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That Issued in Duplicate Bond No. CIC1938171 WHEREAS, the City of San Clemente (hereinafter designated as the "City"), by action taken or a resolution passed January 14 , 20-1..§____ has awarded to Southern California Precision Concrete, Inc., dba Precision Concrete Cutting hereinafter designated as the "Principal," a contract for the work described as follows: Sidewalk Repair and Improvement Program (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated January 14, 2025 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we , the Principal and Capitol Indemnity Corporation as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Thousand -------,,-.,,-=---=--:--:--:--:-------------DOLLARS and _--..a:.o.::c.o ___ _ CENTS ($ 200,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties wi ll pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, 55452.01100\31090125.5 4930-2831-8985 v2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 36 of 44 specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obl igee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ~ day of January 20 25 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. CONTRACTOR/PR I NCI PAL (Corporate Seal of Contractor/ Principal, if a Corporation) SURETY (Seal of Surety) 55452.01100\31090125.5 4930-2831-8985 v2 Southern California Precision Concrete, Inc., dba Precision Concrete Cutting Name of Contractor/Principal (Type or Print) By: Name (Signat /t!.ev1~ Yo CuM Name (Type or Print) COD Title (Type or Print) CALiFORNlA ALL-PURPOSE ACKNO\JVLEDGMENT Capitol Indemnity Corporation Name of Surety (Type or Print) By d,~-AttomeynTaci William Reidinger Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 37 of 44 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODI: § 1189 ~~~~~~{I A ri~tary pubiic or other 6ff-icer' completing this certificate verifies only the ideritity of the indiviclua~~ho signed the docLimerit to ~hkh this certificate is aftachecl, and, net the ·tfl!thfulness: aticuracy, o~ validity ofthat document. ... · . . . c:~:;'.;·'tf ;~ ,p,,Lt } On 000 2.o➔-a:?1-Q before me, I':\~~~ 6~ "?:::) 1'.-\~'"°\ "vi_\\ C.. Date • H ere Insert Name emd Title~ the Offir/er personallY ~ppearecl . 'f'e\J '(' '/ Q cv m . . • . • Name{i) of Sigfkrr,4 who pr,oved to In~ on the Q(;!SiS 0f-satisfa.ctory ·evidence to be the petso~(s{ whose name'81 ls/ate 5(1 IDscribed· to :t.n:e within-instrunie~t and acknowl'eclg,EHfi t0 _-~e ~hat he/~ey e~ecuted the same in his/~ir _ a1;.1thoriiecl· capadtyfiesr.:-i=lnd that by hi$~¢ir sigR<;1tur~n the instrument the pers~ or the entity up9n beh:alf of v,rJ;rich the p~rson~-a~~ed, • executed the instrument. • • NISHA STARKEY -; Not3ry Pub,ic • California 2 a River;icE Countv s , Cor,:;;-is;icn # 2363255 d- . '="· My Comm. Ex~ires JL;i 29, 2025 , ~=<;"'-~ • . . P!dce Notary $_ea/ ar,_dlo_r.Stamp Apove I certify wnder PENAL TY 0~ PERJURY under the laws of the State of California that tt:ie foregoing para~raph ts true and correct. • • • _· at-ur~ of fJ9taryPublic OPTIONAL ---''---'----'-----~-~------, Completing this ihforrnatir;,n can cJeter olteration of tM document or frOudulent reattachment of this form io an unintended document. Qes_cripti'on of Atta_ched Docume_nt @ Tin~ or type ot 0.C>¢u·ri:l~nt: _-__ -~--__,..: ... •~=--=_;·,;;.. _ _,__·· _ __;__?u~---~A-_. ___ '---,--------- botume"r,tOate:_---,-_ -'------,_,-.,_--,.,-._..,.._ ---,----------,----,-· Number0fP.iges:..,.._ ---- Signer(s) Other Than Named Above: .. ·. . . . . ~----------'-------'-----'---'------ C::apadty_(l_es') C:lahn_ecl by :Signerfs) Signer's NanJe: '-'---'-c------'---c,-------,. ci C::or-porate Officer :-Tit!e(s):,... __ • -~--~-~---~ :~7~:Lti O Limit_ed 6 i::f t!~ fA Pact □ --+ru.stee . [f G·wardiah of C0nserivai0r ti O~h~r:. ~--~------~-'--~--Signer is Representing:-•'-,-.--·--'-~---'--'---'---- Sigf'J_er's Name: □ Corporate ·officer ~ l'iil;e(s); ~"--,-. --'--",----'--- □ Partner -□ Limitecif □ Ger:,eral ti ·lndividu~I • • • b Atforney in Pact 6 Tr,1,i"stee O ~uardiah of C0nservatcir ci Other: . . -• . Sig~~r:ls R@presenti11g: ....,....-,----'-----'-'-,~---,- ~~~ ©2@17 ~~ti6Mai Notary A~~bdation • • • • • • • • • • • • • • Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 38 of 44 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF ~ootiNX TENNESSEE COUNTY OF DAVIDSON On --~J=a~n=ua=r..,_y~2~1 __ ~, 20 25 , before me, __ C_a_ss_i_dy~K_e_lly~-------' Notary Public, personally appeared ____ W'--'--'-"ill=ia""'m--'-'--'R=e=id""""in'""g=e-'--r _________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY 6F,film~-iJ,~RY under the laws of the State of California that the foregoing paragraph is true and correct. -§'''ts\DY Kt/11111;. ~ c.,~""••·· .. ····~,. ~ f / r:.•••, \ WITNESS my hand and official seal. ~ / STATE 0..-•, ~ (J ' ;} 1 TENNESSEE \ § . ~ •.. :: t NOTARY : : • __./< • . "' '' -. . -, '.. ,:;, •• Bl IC •• ~ , '.,---"" s;goat,re o~,~~-pfo\/, -•:°l /;; ,_~ ~ A •• ••(\• ~ ~ 4-. -~ v1vi • • • • • •' ♦;.,\s~ ~ ~ -,,1-: 1111 1DSON Cv ':I.''" <;>; C'o,ft 11111111111111,,''' .... s':{ OPTIONAL ~IS81n111 i='i..?\"''t-Tho ugh the information l5e'16W ls not required by law, ii may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ Individual □ Corporate Officer □ Partner(s) a Attorney-In-Fact □ Trustee(s) □ Guardian/Conservator D Other: Signer is representing: Title(s) D D Name Of Person(s) Or Entity(ies) Limited General Performance & Payment Bond Title or Type of Document Nine (9) Number of Pages January 21, 2025 Date of Document Signer(s) Other Than Named Above NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. 55452.01100\31090125.5 4930-2831-8985 v2 END OF PAYMENT BOND FORM Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 39 of 44 CAPITOL INDEMNITY CORPORATION POWER OF ATTORNEY CICl938[71 Bon,1 Number KNOW ALL MEN B\' THESE PRESENTS. That the CAPLTOL LNDEJ\1N1TY CORPORATION. a corporation of the State of Wisconsin. having i1s principal offices in 1he Ci1y of Mid<lle1on. Wisconsin, docs make, constitute and appoint William Bt'idinrer Nome oflndividual ils lruc and lawful Allomcy(s)-in-facl, to make, cxcculc, seal and deliver for and on its behalf, as surely, and as its act nod deed. any and all bonds, undertakings and contracts of surclyship. provided 1hat no bond or undertaking or contract of surc1yship executed under 1his authority shall exceed in amounl the sum of S Sec Bond Form for CIC! 238171 on behalf of Smubcm Cnlffomio Pcrsision CoocrtJs lac; dbo Prrcision C2as;rs1c C!minr Bond Amount Bond Number Principal This Power of A1tomey is grJnted and is signed and scaled by facsimile under and by the a111bori1y of the following Resolution adopted by the Board of Director.; of CAPITOL INDEM.NITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVt;D, 1hat the Prcsidcnl, Exccu1ivc Vice President. Vice Prcsidcnl, Sccrclary or Treasurer, acting individually or otherwise. be and they hereby arc granted the power and nuthoriza1ion 10 appoinl by a-Power of Allomcy for the purposes only of C)(ccuting and aucsting bonds and unclenakings, and other writings obligatory in 1hc nature thereof, one or more resident vice-presidents, assistant secrernrics and auomey(sJ-in-fact, each appointee 10 have 1he powers and duties usual lo such offices to the business of this company; the signature of such oniccr.; and seal of the Company may be aflixl-d 10 nny such power of attorney or to any certificate relating thereto by facsimile, und any such power of allomey or certificalc bearing such facsimile signatures or facsimile seal shall be valid and binding upon 1hc Company, und any such power so CXl-CUtcd und certified by facsimile signatures und facsimile scul shall be valid und binding upon the Company in the future with respect 10 any bond or undertaking or olher writing obligatory in the nature thereof to which it is a11achcd. Any such appointment may be revoked, for cause, or wilhoul cause, by any of said officers, al any lime." In connection wilh obligalions in favor oflhe Florida Department of'Transportalion only, it is agreed lha1 the power und authority hereby given 10 1he Attomcy-in-Fnct includes any and all consents for tbc release of retained percentages wcl/or final cstimmcs on engineering and constntction contrncts required by 1hc Slate of Florida Deparuncnl of Transportation. It is fully undcrslood tl1a1 conscnling to the Slate of Plorida Department of Transportation making paymcnl of 1he final estimate to che Contractor and/or its assignee, shall not relieve this surety company of any of its obligations un<lcr iL, bond. In connection with obligacions in favor of lhc Kentucky Dcpanment of Highways only, ii is agreed 1ha1 the power and authority hereby given lo the /\11omey-in-Fac1 cannol be modified or revoked unless prior writlcn personal notice of such inlcnl has been given 10 1hc Commissioner -Dcpanmcnt of Highways of 1hc Commonwealth of Kentucky al lease thirty (30) days prior to the modification or revocacion. IN WITNESS WHEREOF, lhc CAPITOL lNDF.MNlTY CORPOR,\ TION has caused 1hcsc presents lo be signed by ils officer undersigned and i1s corpora le seal lo be hcrclo aftixcd duly ancstcd. chis Isl day of September, 2022. Attest: {) ) ( {___ V'-L Ryan J. Byrnes Senior Vice President. Chief Financial Officer and Treusurer -r-~~ Todd Burrick Chief Underwriting Officer STATE OF WISCONSIN COUNTY OF DANE } S.S.: CAPITOL 11'\DEMNITY CORPORATION {lc/4~ Adam L. Sills Chief Executive Onicer and President On the Isl day of September, 20~2 before me pcrsonully came Adam L. Sills, 10 me known, who being by me duly sworn, did depose and say: that he resides in chc County of New York, S1a1c of New York; that he is Chief Executive Officer and l'residcnl of CAPITOL INDEMNITY CORPORATION, the corporal ion described in and which cxeculed 1hc above instniment; 1ha1 he knows the seal of the said corporation; chat lhc seal affixed to said instrument is such corporate seal; chat it was so affixed by order of 1he Board nf Dircclors of said corporation and that he signed hi~ name !hereto by like order. STATE OF WISCONSIN COUNTY OF DANE } S.S.: David J. Regele Notary Public, Dane Co .. WI My Commission Is Pcnnancnl I, the undersigned. duly elected 10 the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION. a Wisconsin Corporation, authorized to make this certificate. DO HEREBY CERTIFY chat the foregoing nnachcd Power of Anomey remains in full force and has not been revoked; anc.J furthcnnore. that the Resolution of U1c Board of Dircccors. set fotth in tbc Power of Anomey is now in force. Signed and scaled at the City of Middleton, Stare of Wisconsin this ____ 2_l_s_t ___ d~,y of ______ ;;..;Jaccn;.;;u..;.a.;.ry'-------· '.!0 2025 ~Jt\~ Suzanne M. Broadbent Sccrclary THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFiC BONO. !F YOU HAVE ANY QUEST1O1'S CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. CIC'-cPOA (Rev. 09-20~2) Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 40 of 44 EXHIBIT "E" COMPENSATION In full and complete compensation for the Services provided under this Agreement, City shall pay Contractor according to the schedule set forth below: Compensation Schedule Item No. Description Unit Unit Price 1 Trip Hazard Removal (1 /4" to 2") Inch-Foot $39.95 2 Sidewalk Assessment Services Sidewalk Mile $550 Total compensation under this Agreement shall not exceed Two Hundred Thousand Dollars ($200,000) without prior written approval of the City Council. There are no reimbursable expenses under this Agreement. 55452.01100\310901 25.5 4930-2831-8985 v2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 41 of 44 EXHIBIT "F" WORKER'S COMPENSATION INSURANCE CERTIFICATION WORKERS' COMPENSATION DECLARATION I hereby affirm under penalty of perjury one of the following declarations: (ONE OF THE BOXES BELOW MUST BE CHECKED) r I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code , for the performance of the work to be performed under this contract. / / I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are: r Carrier C !{lo£ S:p0'"J<, ?rt,p ,vJ-,, 4_.,,) Gi;v Policy Number l,~}JJ(~¢ 3 c6r21B~0 1 I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. 55452.01100\31090125.5 4930-2831-8985 v2 Docusign Envelope ID: 8997C84B-18EE-48CD-8E4E-E7EA2994A74E March 4, 2025 Item #6 Page 42 of 44 , 20_2S_ Consultant ' By ~ we=--------- (,,Q(} Title 2 S 8/ tia:b CJ I {/2/410 I-dis {I/ 11 7tJC/ Address .J / 55452.01100\31090125.5 4930-2831-8985 v2