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Southern California Precision Concrete Inc dba Precision Concrete Cutting; 2026-06-04; MSA26-4061TRAN
MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 1 MAINTENANCE SERVICES AGREEMENT FOR CONCRETE SIDEWALK INSPECTION AND REPAIR SERVICES SOUTHERN CALIFORNIA PRECISION CONCRETE INC. dba PRECISION CONCRETE CUTTING THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation and California charter city ("City") Southern California Precision Concrete Inc., a California corporation, dba Precision Concrete Cutting ("Contractor"). RECITALS A. City requires the professional services of concrete sidewalk inspection and repair services. B. Contractor is duly qualified and has the necessary experience to provide the Services. C. The City issued Request for Proposals No. RFP26-4022TRAN and in response, the Contractor submitted a proposal to the City and affirmed its willingness and ability to perform the work. 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 (“Services”) described and delineated in Exhibit “A”. To the extent that any of the terms in the Exhibits(s), including any attachments, 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 for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year(s)or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed five hundred fifty-two thousand three hundred twenty-one dollars ($552,321). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed five hundred sixty-six thousand dollars ($566,000) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 4. PUBLIC WORKS 4.1 Prevailing Wage Rates. Any construction, alteration, demolition, installation, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 June 4th MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 2 laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 4.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number, including submitting the form provided in Exhibit “B”. 5. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’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. 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. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that 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, RFIs, 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 this Agreement. 6. BONDS 6.1 Labor and Materials Bond. Contractor will execute and provide to City, concurrently with this Agreement a Labor and Materials Bond in the amount of the total, not-to-exceed compensation indicated Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 3 in this Agreement in the form provided in Exhibit “C”. No payment will be made to the Contractor until it has been received and approved by the City. 6.2 Performance Bond. Contractor will 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, in the form provided in Exhibit “D”. No payment will be made to Contractor until it has been received and approved by City. 6.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor will 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 notice must be given to City, and Contractor must post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments will be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, Contractor will, upon request of City, cause the amount of the bonds to be increased accordingly and will promptly deliver satisfactory evidence of such increase to 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 Contractor, will release the surety. If Contractor fails to furnish any required bond, City may terminate this Agreement for cause. 6.4 Surety Qualifications. Only bonds executed by an admitted surety insured, as defined by Code of Civil Procedure Section 995.120 will be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to 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 Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to City. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 4 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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 attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorneys fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation program 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 5 amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 11.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 6 payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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. 14. 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: For City: For Contractor: Name Eddie Wills Name Parker Yocum Title Project Assistant Title Dept PW – Trans Address 320 State Pl Escondido CA 92029 Address City of Carlsbad Phone 951-760-1945 405 Oak Ave Carlsbad CA 92008 Email parker@pcctriphazardremoval Phone 442-359-9650 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. 15. 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 ☒ 16. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 7 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 17. 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. 18. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 8 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of choice of law principles. 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. 24. 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 and other professional fees, costs and expenses. 25. [OMITTED] 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 9 28. 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. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California SOUTHERN CALIFORNIA PRECISION CONCRETE INC., a California corporation, dba Precision Concrete Cutting By: By: (sign here) KEITH BLACKBURN, Mayor Ronald William Durna, Jr., President ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Neshtinscka Durna, Secretary Assistant City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: _____________________________ Assistant City Attorney Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 10 EXHIBIT A SCOPE OF SERVICES AND FEE 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-fourth (1/4) of an inch and capture linear footage for each potential repair. • Contractor shall take pre-maintenance photographs to provide clear evidence of identified areas for repair. • 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 areas of repair. • Contractor shall collaborate with City staff to determine remediation priorities based on severity, location, and budgetary constraints. Concrete Repair (Slicing): • Contractor shall apply horizontal slicing method to remove displaced concrete 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. 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. Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 11 • 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 repairs and areas identified for future attention. • Contractor shall conduct a project review meeting for final deliverables and lessons learned for future maintenance programs. Unit Pricing (First Year): Item Item Description Unit of Measure Unit Price 1 Sidewalk Assessment Services Sidewalk-Mile $220.00 2 Slicing Repairs (1/4” to 2”) Inch-Foot $39.95 MAXIMUM AGREEMENT COST Concrete Sidewalk Inspection and Repair Services (at a maximum 3% CPI) Term Agreement year Pavement Zone(s) Sidewalk Miles to Survey Estimated Cost for Survey and Slicing Repairs 1 FY 2026-27 1&2 190 $552,321 2 (option) FY 2027-28 3 131 $392,235 3 (option) FY 2028-29 4 146 $450,262 4 (option) FY 2029-30 5 112 $363,942 5 (option) FY 2030-31 6 175 $565,384 TOTALS 754 $2,324,144 Annual Averages 151 $464,829 Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 12 EXHIBIT A ZONE MAP Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 Pavement Marking Maintenance Zone Legend Pavement Marking Zone PMZ1 PMZ2 PMZ3 -PMZ4 -PMZ5 PMZ6 -Road Centerline {city of Carlsbad MSA26-4061TRAN City Attorney Approved Version 6/30/2025 Page 13 EXHIBIT “B” DIR CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Concrete Sidewalk Inspection and Repair Services NAME OF CONTRACTOR: Southern California Precision Concrete dba Precision Concrete Cutting Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractors and any Subcontractors for this Project must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for additional information. Contractor certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations. Name of Contractor: Southern California Precision Concrete dba Precision Concrete Cutting DIR Registration Number: 1000003322 DIR Registration Expiration: June 30, 2026 Contractor further certifies: 1. Contractor shall maintain a current DIR registration for the duration of the Project. 2. Contractor will include the requirements of Labor Code Sections 1725.5 and 1771.1 in any contractor with subcontractors and ensure that all subcontractors are registered at the time of contract award and will maintain registration status for the duration of the Project. Signature: Date: Name: Ronald William Durna, Jr. Title: President Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 5/27/2026 Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 EXHIBIT "C" LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS THAT: Bond No. CIC1975097 MSA26-4061 TRAN WHEREAS, the City of Carlsbad has awarded to ("Principal,") a Contract for the Work described as follows: Contract No MSA26-4061TRAN, Name of Project: Annual Concrete Sidewalk Inspections (the "Project") in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and WHEREAS, Principal is required to furnish a bond in connection with the Contract providing that if Principal or any of its Subcontractors fail to pay (1) for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the Work contracted to be done, (2) for any Work or labor of any kind performed under the Contract, (3) for amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract, or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department under Unemployment Insurance Code Section 13020 or to the Franchise Tax Board under Revenue and Taxation Code Section 18663 from the wages of employees of Principal and its Subcontractors with respect to the Work or labor, the Surety on this bond will pay for the same to the extent set forth below. NOW THEREFORE, we, Southern California Precision Concrete Inc dba Precision Concrete Cutting, as Principal, and Capitol Indemnity Corporation ,as Surety, are held and firmly bound unto the Agency in the penal sum offive hundred fifty-two three hundred twenty-one dollars ($552,321), for the payment of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its Subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100; 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; fail to pay for any Work or labor of any kind performed under the Contract; fail to pay amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract; or fail to pay 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 Principal or its Subcontractors pursuant to Unemployment Insurance Code Section 13020 or Revenue and Taxation Code Section 18663, with respect to the Work or labor, then the Surety will pay for the same, in an amount not exceeding the penal sum specified above, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses to be fixed by the court consistent with Civil Code Section 9554. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. The Surety stipulates and agrees that this bond shall not be exonerated or released from the obligation of this bond by: 1. Any change, extension of time for performance, addition, alteration or modification in, to, or of any Contract, Plans, Specifications, or agreement pertaining or relating to any scheme or Work of City Attorney Approved Version 6/30/2025 Page 14 Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061 TRAN improvement described above, or the furnishing of labor, materials, or equipment pertaining or relating to any scheme or Work of improvement described above. 2. 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 described above. 3. Any rescission or attempted rescission or attempted rescission of the Contract, agreement or bond. 4. 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. 5. Any fraud practiced by any person other than the claimant seeking to recover on the bond. The Surety also stipulates and agrees that this bond shall 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 this bond has been given by reason of any breach of contract between the Agency and Principal or on the part of any obligee named in this bond. Finally, the Surety waives notice of any such change, extension of time, addition, alteration or modification mentioned in this bond, including but not limited to the provisions of Civil Code Sections 2819 and 2845. If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] City Attorney Approved Version 6/30/2025 Page 15 Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 Executed by PRINCIPAL this 29th day of April , 20-1§__ PRINCIPAL: Southern California Precision Concrete Inc dba Precision Concrete Cutting (name of Contractor) (print name here) (title and organization of signatory) MSA26-4061 TRAN Executed by SURETY this 29th day of April 26 , 20 __ SURETY: Capitol Indemnity Corporation (name of Surety) P.O . Box 5900 Madison, WI 53705-0900 (address of Surety) {888)429-0999 (telephone number of Surety) By: --~~,..L,,4-J~~~t-.:=.--- (signature of Attorney-· William Reidinger (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ___ fi_i~_¼~blA,_S ___ _ Assistant City Attorney City Attorney Approved Version 6/30/2025 Page 16 Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness, accuracy or validity of that document. ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ State of County of ~ve_yG1'd l } On tJ~,2-\~'l-o?-{p beforeme,'l.udt}h t\a,~lru, GaVJ'2l ,Notary Public t Date Name and n11e or Notary personally appeared ______ '6.a........::.-e_-=...:vc...:.i_r\..,___'J_O_C._U_r'Y\-=---------.-------------- Nameand orNames orS;gne¥ Who proved to me on the basis of satisfactory evidence to be the personV!1 whose name~ is/a,e subscribed to the within instrument and acknowledged to me that he/sJ;fe/thfy executed the same in his/l;er/t~ir authorized capacity(,~). and that_bj his/h,er/tj;reir signaturejs) on the instrument the person~). or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature A, fin. C~ Notary Public Signature Place Notary Public Saal Above ___________ OPTIONAL ____________ _ Though the information below Is not required by law, it may prove valuable to the persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document La. bor Q nd M.uk,ri'a I s 1&:>nd Document Date ____________________ Number of Pages: __________ _ Signer's Name: _______________ _ D Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Guardian or Conservator D Attorney-in-Fact D Trustee □ Other: -----------Signer is representing ____ _ Southern California Precision Concrete Inc dba Precision Concrete Cutting RIGHTTHUMBPfllNT OF SIGNER Top of thumb D Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Guardian or Conservator D Attorney-in-Fact D Trustee D Other: ________ _ Signer is representing ____ _ RIGHTTHUMBPRINT OF SIGNER Top ol lhumb ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness, accuracy or validity of that document. ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ State of Tennessee County of Davidson } On ______ A_.p_r.,,.il_2_9.,_, _2_02_6 ______ before me, Cassidy Kelly Dnte , Notary Public Name and Title ol Notary personally appeared _....;W-'-'-"ill""'ia"'"m""-'-R .... e_id=i;.;..n_._g ___ e'-r _____________________________ _ Name and or Names of Signer(s) 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 OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official se Place Notary Public Seal Above IONAL -------------------- Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document------------------------------------ Document Date _____________________ Number of Pages: __________ _ Signer's Name: ________________ _ D Individual D Corporate Officer -Title(s ): _______ _ D Partner -D Limited D General D Guardian or Conservator IBl Attorney-in-Fact D Trustee D Other: ------------Signer is representing ____ _ Capitol Indemnity Corporation RIGHTTHUMBPRINT OFSKlNER Top of thumb D Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Guardian or Conservator D Attorney-in-Fact D Trustee D Other: ------------Signer is representing ____ _ RIGHTTHUMBPRINT OFSKlNER Top ol thumb ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 CAPITOL INDEMNITY CORPORATION POWER OF ATTORNEY CIC1975097 Bond Number K.'liOW ALL :\tE:"li BY THESE PRESEl\'TS. That the CAPITOL 1:--IDEM.'IIITY CORPORATION. a corporation of the State of Wisconsin. ha,ing its principal offices in the City of Middleton. Wisconsin, docs make, wnstitutc and appoint wmjam Beidinger its trnc and lawful Attorney(s)-in-fact. to make. execute, seal and deliver for and on its behalf. as surety. and as its act and deed. any and all honds. undertakings and contracts of surctyship. provided that no bond or undertaking or contract of surctyship executed under this authority shall exceed in amount the sum of S See Bond Form for CIC} 975097 on bchal f of Southern California Precis!On Concrete rnc dba Precision Concrete Cuttin° Bond Amount Bond NurnbN Principal This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May. 2002, "RESOt VED. that the President, Executive Vice President. Vice President. Secretary or Treasurer, acting individually or otherwise. be and they hereby arc granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings. and olhcr writings obligatory in the nature thereof, one or more resident vice-presidents. assistant secretaries and attorncy(s)-in-fact, each appoinlcc lo have the powers and duties usual to such offices to the business of this company; the signature of' such officer.; and seal of the Company may be atlixcd to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsirnilc seal shall be valid and binding upon the Company. and any such power so executed and certified hy facsimile signalllres and facsimile seal shall be ,alid and binding upon the Company in the foture with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be rcvoh-d. for cause. or without cause. by ,my of said officers, at any time," In connection wi1h obligations in favor of the Florida Department of Transportation only. it is agreed that the power and authority hereby given to the Attorncy in-Fact includes any and all consents for the release of retained p;:rccntagcs and/or final estimates on engineering and construction contracts required by the Stale of Florida Department of Transportation. lt is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond, In connection with obligations in favor of the Kentucky Department of Highways only. it is agreed that the power and authority hereby given 10 the Attorncy in-Fact cannot be modified or revoked unless prior written person.ii notice of ,uch intent has been given (() the Commissioner-· Department of Highways nf the Commonwealth of Kentucky at kast thirty (JO) days prior lo the modification or revocation. IN WJT:"'iF:SS WHF:REOF. the CAPITOL l;\OEM1"ITI' CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested. this I st day of September. 2022, Attest: p_L T (L- Ryan J, Byrnes Senior Vice President, Chief Financial Officer and Treasurer ~-I &-, __ -~---- Todd Burrick Chief Underwriting Officer STA TE OF WISCONSIN COU!\TY OF DANE } S.S.: CAPITOL INDEMNITY CORPORATION ~~ Adam L. Sills Chief Executive Officer and !'resident On the I st day of September. 2022 before me personally came Adam L. Sills, to me known, who being by me duly sworn. did depose and say: that he resides in the Countv of New York, State of New York: that he is Chief Executive Officer and President of CAPITOL INDEMNITY CORPORATION, the c~rporation described in and which executed the above instrument: that he knows the seal of the said corporation: that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STA TE OF WISCONSIN COUNTY OF DAl'-iF } S.S, David J. Rcgclc No1ary Public. Dane Co,. \VJ My Commission Is l'crmancnt I, the undersigned. duly elected to the o!1ice stated below, now the incumbent in CAPITOL INDF:MNITY CORPORATION. a Wisconsin Corporati<>n, authorized to make this certificate. DO HF:REBY CERTIFY that the foregoing attached Power of Attorney remains in full force wd f>as not been revoked; and furthennore. that the Resolution of the Board of Directors, set forth in the Power of A ttomey is now in force. Signed and scaled at the City of Middleton, State of Wisconsin this ____ 2_9_t_h ___ day of ______ ..;A=r;.;i;...l ______ . 2/\ _ 202c ~~ Jr\ J),s:iW--~ Suzanne l\L Brcadb~nt Secretary THIS DOCUMENT IIAS BEEN GENERATED FOR A SPECIFIC BO'JD, IF YOU IIAVE ANY QUESTIOl'\S CO!\CERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-44.50. CIC-ePOA (Re,, 09-2022) Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 EXHIBIT "D" Bond No. CIC1975097 MSA26-4061 TRAN FAITHFUL PERFORMANCE AND WARRANTY BOND KNOW ALL PERSONS BY THESE PRESENTS THAT: WHEREAS, the City of Carlsbad ( "Agency") has awarded to Southern California Precision Concrete Inc. ("Principal,") a Contract for the Work described as follows: Contract No.: MSA26-4061TRAN, Name of Project: Annual Concrete Sidewalk Inspections (the "Project") in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and WHEREAS, the Work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated April 29. 2026 , ("Contract Documents"), the terms and conditions of which are incorporated by reference; and WHEREAS, the Principal is required by the Contract Documents to perform the terms of them and to furnish a bond for the faithful performance and warranty of the Contract Documents. NOW THEREFORE, we, Southern California Precision Concrete Inc dba Precision Concrete Cutting, as Principal, and Capitol Indemnity Corporation ,as Surety, are held and firmly bound unto the Agency in the penal sum of five hundred fifty-two thousand three hundred twenty one dollars ($552,321), which is equal to 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 Principal, 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 of the Contract Documents made as provided in the Contract Documents, on its part, to be kept and performed at the time and in the manner specified in the Contract Documents, and in all respects according to their true intent and meaning; and shall indemnify and save harmless the Agency, its Board, members of the Board, officers, directors, managers, employees, agents, and authorized volunteers, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured by this bond and in addition to the face amount specified in this bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Agency in enforcing such obligation, all to be taxed as costs and included in any judgment rendered. As a condition precedent to the satisfactory completion of the Work unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of 1 year after the acceptance of the Work by the Agency. During this 1-year period, if Contractor fails to make full, complete, and satisfactory repair and replacements and totally protect the Agency from loss or damage resulting from or caused by defective materials or faulty workmanship in connection with Contractor's Work on the Project, the obligations of Surety under this bond shall continue so long as any obligation of Principal remains to the Agency. Nothing in this bond shall limit the Agency's rights or the Principal's or Surety's City Attorney Approved Version 6/30/2025 Page 17 Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061 TRAN obligations under the Contract, law or equity, including, but not limited to, Code of Civil Procedure Section 337.15. Whenever Principal shall be, and is declared by the Agency to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Agency's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; ii. 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 Agency, 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 Principal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents. Or iii. Permit the Agency to complete the Project in any manner consistent with Applicable 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 Principal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Agency may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize Principal in completing the Project, nor shall Surety accept a bid from Principal for completion of the Project, if the Agency, when declaring the Principal in default, notifies Surety of the Agency's objection to Principal's further participation in the completion of the Project. The Surety, for value received, 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 under the Contract Documents shall in any way affect Surety's obligations on this bond, and Surety waives notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] City Attorney Approved Version 6/30/2025 Page 18 Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 MSA26-4061 TRAN Executed by PRINCIPAL this 29th day of Executed by SURETY this 29th day --'-A....,.p~r--'-'-il _______ ~, 20 26. PRINCIPAL: Southern California Precision Concrete Inc dba Precision Concrete Cutting (name of Contractor) sv 70~ (sign here) t:..c v,t1 Yacun (print name here) (title and organization of signatory) of __ A_..p'-r-'-'-il _______ , 20 26. SURETY: Capitol Indemnity Corporation (name of Surety) P.O. Box 5900 Madison, WI 53705-0900 (address of Surety) (888)429-0999 (telephone number of Surety) William Reidinger (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ___ ti_·~-VJ~f>_IA,_S ____ _ Assistant City Attorney City Attorney Approved Version 6/30/2025 Page 19 Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness, accuracy or validity of that document. ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ } state of Ca liforn{a County of R ;v, rsta'-e on 04} ?-1 f ~o :t.'4z I I Date before me, £ud1fu fJ\.u.xen<. Cfa tJIO Notary Public Name and r,ff.for Notary personally appeared _______ \t<.~e..!;:\l~I n~_:'/uOtG~U~M..!..!..-=:::==:::;::::===========::::::,,___ __ _ Name and or Names of Signer¢ Who proved to me on the basis of satisfactory evidence to be the person~) whose name~ is/a~ subscribed to the within instrument and acknowledged to me that he/s~/tt}ey executed the same in his/ri,_er/tt19ir authorized capacity(iefl), and that by his/hf{r/their signaturei:5) on the instrument the person(!), or the entity upon behalf of which the person(?? acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature .(L,An. c.h»w Notary Public Signature i············~ 0• RUDITH MAXENE Cli.VIO : " ...... .. Notary Public • California z i E Riverside County i , Commission # 2540897 -◄,,. ~,~ My Comm. Expires Dec 11, 2029 Place Notary Public Seat Above ___________ OPTIONAL ____________ _ Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document P-e-r+bn'nqn.ct 1oond Document Date ____________________ Number of Pages: _________ _ Signer's Name: _______________ _ D Individual □ Corporate Officer -Title(s): _______ _ □ Partner -D Limited □ General D Guardian or Conservator D Attorney-in-Fact D Trustee □ Other: -----------Signer is representing ____ _ Southern California Precision Concrete Inc dba Precision Concrete Cutting RIGHTTHUMBPRINT OF SIGNER Top of thumb D Individual D Corporate Officer -Title(s ): _______ _ D Partner -D Limited D General D Guardian or Conservator D Attorney-in-Fact D Trustee D Other: ________ _ Signer is representing ____ _ RIGHTTHUMBPRINT OF SIGNER Topol thumb ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 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 truthfullness, accuracy or validity of that document. ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ State of Tennessee County of Davidson } On ______ A__.p_r.,,..i1_2-'-9..__, _20-'-2_6'-------before me, Cassidy Kelly DAie , Notary Public Name and Title or Notary personally appeared _....;W~ill"""ia"""m'"'""'"R"""e;.;.id""'i"'""n..,.g"""e'--r ____________________________ _ Name and or Nemes or Slgner(s) 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official se Signature ______ _Ji_..&.!!.~~..1:;::;.~1,4:.~~~,.....:::~ Cassidy Kelly Place Notary Public Seal Above Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document------------------------------------ Document Date _____________________ Number of Pages: __________ _ Signer's Name: ________________ _ D Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Guardian or Conservator lEl Attorney-in-Fact D Trustee D Other: ------------Signer is representing ____ _ Capitol Indemnity Corporation fllGHTTHUMBPRINT OF SIGNER Topol thumb □ Individual D Corporate Officer -Title(s): _______ _ D Partner -D Limited D General D Guardian or Conservator D Attorney-in-Fact D Trustee □ Other: ------------Signer is representing ____ _ RIGHTTHUMBPRINT OF SIGNER Top of lhu'nb ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Docusign Envelope ID: 52C92EF9-A028-8E32-80D5-B95D3019F2F1 CAPITOL INDEMNITY CORPORATION POWER OF ATTORNEY CJCl975097 Bon,I Number K.'iOW ALL :'\'tEN BY THESE PRESENTS, That the CAPITOL LNDEMNITY CORPORATION. a corporation of the State of Wisconsin. ha, ing its principal offices in the City of Middleton. Wisconsin, docs make, constitute and appoint William Reidinger its true and lawful Attomcy(s)-in-fact. to make. execute, seal and deliver for and on its behalf. as surety, and as its act and deed. any and all bonds. undertakings and contracts of surctyship. provided that no bond or undertaking or contract of surctyship cxc,;utcd under this authority shall exceed in amount the sum of S See Bond Form for CJ Cl 975097 on behalf of Somhem California Precision Concrete foe dba Precision Concrete Cuttin° Bond Amount Bond Number Principal This Power of Attorney is grunted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, ExcctJti\'C Vice President. Vice President. Secretary or Treasurer, acting individually or otherwise, be and they hereby arc granted the pov..cr and authorization to appoint by a Power of Attomcy for the purposes only of executing and attc,ting bonds and undertakings, and other writings obligatory in the nature thereof'. one ur murc resident vice-presidents, assistalll secretaries and attorncy(s)-in-fact. each appointee to have the powers and duties usual to such offices to the business of this company; the signatun: of such otliccrs and seal of the Company may be atlixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile se;il shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. i\ny such appointment may be revoked. for cause, or without cause. by any of said officers, at any time." In connection with obligations in favor oft he Florida Department of Transportation only, it is agreed that the power and authority hereby given to the ,\ttorncy in-Fact includes any and all consents for the release of retained percentages andior final estimates on engineering and construction contracts required by the State of Florida Department of Trnnsportation. It is fully understood that consenting to the State of Florida Department "f Transportation making payment of the final estimate to the Contractor and/or it, assignee, shall not rdie, e this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorncy in-Fact cannot be modi tied or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways nf the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the CAPITOL INOF:M1'ITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto aflixcd duly attested. this l st day of September. 2022. Attest: &-LT(<- Ryan J. Byrnes Senior Vice President. Chief Financial Officer and Treasurer --r;;-/--/ rr:-t~ .; --- Todd Burrick Chief Underwriting Officer STA TE OF WISCONSIN COU1'TY OF DANE } S.S.: CAPITOL INDE:\1NITY CORPORATION ~~ Adam L. Sills Chief Executive Otlicer and President On the 1st day of September. 2022 before me personally came /\dam L. Sills, lo me known, who being by me duly sworn. did depose and say: that he resides in the Countv of New York. State ,>f New York; that he is Chief Executive Orticer and President of CAPITOL INDEMNITY CORPORATION. the e~rporution described in and which executed the above instnm1e111; that he knows the seal of the said rnrporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Director, of said corporation and that he signed his name thereto hy like order. ST A TE OF WISCONSIN COUNTY OF DANE } S.S. David J. Regele Notary Public. Dune Co .. WI My Commission Is Permanent I, the undersigned, duly elected to the ollice stated hclow, now the incumbent in CAPITOL INDF:i',tNITY CORPORATION, a Wisconsin Corpuration, authorized to make this ccr1iticatc, DO HEREBY CERTIFY that the foregoing attached Power or Attorney remains in full fore,, and has not been revoked; and furthermore. that the Resolution of the Board of Directors. set forth in the Power of Attorney is now in force. Signed and scaled at the City of Middleton, State of Wisconsin this ____ 2_9t_h ____ day of _______ A_._r_il _______ ... W .. 2026 __).)~ Jr\ ~ Suzanne i\L Broadb,:ri• Secretary TlllS DOCUMENT HAS BEEN GENERA TED FOR A SPECIFIC BO"JD. IF YOU l!A VE ANY QUESTIO!\S CONCERNING TIIE AUTHENTICJTY OF THIS DOCUMENT CALL 800-475-4450. CIC-ePOA (Re,. 09-2022> CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 05/07/2026 AC O RD. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER • CONTACT Nadia Shoukat Speake Insurance Services, Inc. NAME: PHONE 951-54 7-6779 I FAX 1791 3rd Street fA/C No Extl: iAIC Nol: 951-848-0925 E-MAIL Norco, CA 92860 ADDRESS: nadia@speakeinsurance.com License #: 0D08463 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: TOKIO MARINE SPECIAL TY INSURANCE COMPANY 10738 INSURED INSURERB: lnfinitv Select Insurance Comoanv 20260K Infrastructure Management Group LLC DBA: Precision Concrete Cutting INSURERC: MESA UNDERWRITERS SPECIAL TY INSURANCE COMPANY 36838 320 State Place INSURERD: PIE INURANCE COMPANY 10997 Escondido, CA 92029 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 95949516-260507124038 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN"D WVD POLICY NUMBER fMM/DDNYYYl fMM/DDNYYYl LIMITS A 1 COMMERCIAL GENERAL LIABILITY PPK2737203000 05/01/2026 05/01/2027 EACH OCCURRENCE $ 1.000.000 D CLAIMS-MADE [x] OCCUR DAMAGE TO RENTED 50,000 PREMISES /Ea occurrence) $ ~ MED EXP (Any one person) $ 5.000 PERSONAL & ADV INJURY ~ $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $ 2.000.000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY 50032019001 05/01/2026 05/01/2027 COMBINED SINGLE LIMIT $ 1.000.000 fEa accident\ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -X SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY f Per accident) ~ - $ C 1 UMBRELLA LIAB ~ OCCUR MX0083001003760 05/01/2026 05/01/2027 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED I I RETENTION $ $ D WORKERS COMPENSATION WC Pl 3821663-000 05/01/2026 05/01/2027 XI ~ifTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [i] E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required} 30 Days Cancellation provision reverts to 10 days notice in the event of non-payment of premium. *Certificate is subject to terms, limitations, and exclusions of the policy at the time of issuance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PROOF OF INSURANCE ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 'NMfA/S!w-uk.at-(NAD) I ACORD 25 (2025/12) © 1988-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by NAO on 05/07/2026 at 01 :12PM