CA Review TL
Meeting Date: April 28, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Eddie Wills, Project Assistant
[email protected], 442-359-9650
Subject: Award an Agreement to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting for Concrete Sidewalk Inspection and Repair Services
Districts: All
Rec
ommended Action
Adopt a resolution awarding an agreement to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting for concrete sidewalk inspection and repair services in an amount not to exceed $552,321 for the first year of the agreement.
Executive Summary
The city maintains 753 miles of concrete sidewalks throughout the city through a combination of efforts by contractors and city staff.
The City Council awarded an agreement to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting on March 4, 2025, to repair uneven concrete joints using mechanical slicing. Under this agreement, staff targeted school zones and high-pedestrian traffic areas, including the Village and Carlsbad Boulevard between Pine Avenue and Tamarack Avenue, for sidewalk repairs. In total, 41 miles of sidewalk were inspected, and 1,412 uneven concrete joints were repaired. The total cost of the initial agreement was under $186,000.
Based on the demonstrated speed and cost-effectiveness of the initial agreement, staff recommend that the City Council authorize a new one-year agreement with Precision Concrete Cutting to repair uneven concrete joints in other areas of the city. Staff also recommend that the City Council authorize the City Manager to extend the agreement by four one-year periods in an amount not to exceed $566,000 per agreement year, as needed.
Sufficient funding is available to initiate these services using Concrete Repair/Replacement Program, Capital Improvement Program Project No. 6013, so no additional appropriation is required.
The City Council’s approval is required under Carlsbad Municipal Code Section 3.28.040(D)(1) because these services will cost more than $250,000 per agreement year.
April 28, 2026
Item #4 Page 1 of 9
Docusign Envelope ID: BCE8612C-BFE3-452F-9DCA-584AA7F595EB Explanation & Analysis
Background
Since 2021, the city has contracted with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting on a project-by-project basis to repair uneven concrete sidewalks through a technique called mechanical slicing. From late 2021 through early 2025, the city successfully performed approximately $120,000 in sidewalk slicing work throughout the city.
In March 2025, the City Council awarded a one-year “on-call” agreement to Precision Concrete in an amount not to exceed $200,000 to survey and repair designated areas with high- pedestrian traffic.
Under this agreement, Precision Concrete inspected large, high-traffic areas and repaired 1,412 areas via mechanical slicing and recommended an additional 406 areas that have either been repaired via patching, full concrete replacement or placed in a follow-on concrete repairs project.
The agreement proved successful, demonstrating rapid capability to inspect and remediate most uneven concrete joints for a large cost savings compared to projected in-house or contracted remove-and-replace costs.
Concrete slicing
Concrete slicing is an established public works maintenance practice that eliminates or reduces uneven surfaces at sidewalk joints of up to two inches at a fraction of the cost and time when compared with replacement. Further expansion of the program will improve the city’s response in evaluating and addressing potentially uneven concrete joints and help it maintain pathways in compliance with the Americans with Disabilities Act, or ADA.
Sidewalk before and after concrete slicing
Concrete sidewalk repairs are managed under the Concrete Repair/Replacement Program, Capital Improvement Program Project No. 6013. Repairs are prioritized based on the severity of sidewalk displacements and pedestrian traffic in the area.
The proposed agreement and the slicing method of repairing sidewalk displacements is consistent with the Federal Highway Administration’s “Guide for Maintaining Pedestrian April 28, 2026
Item #4 Page 2 of 9
Docusign Envelope ID: BCE8612C-BFE3-452F-9DCA-584AA7F595EB Facilities for Enhanced Safety” and municipal best practices, including how the repairs are prioritized and how the conditions of sidewalk assets are tracked in a mapping database.
Sidewalk panel replacement compared to mechanical joint slicing Conventional replacement Mechanical slicing
Cost per repair $850 or more per repair $75 to $150 per repair Speed per
repair
Days per location (demolish
con
crete, pour new concrete, cure
new concrete)
Less than 1 hour per location, repairs
on call
Durability 40-50 years from new installation
Mo
re than 86% of repairs expected
to last through useful life of panel
(40-50 years)
Americans with
Disabilities Act
Compliance
Fully compliant Fully compliant
On average, 80% of the locations identified by this program will be addressed via mechanical slicing or shaving by a contractor and 20% by in-house staff efforts, including patching, grinding, or removing and replacing sections of sidewalk.
Bidding process
• On Jan. 30, 2026, the city posted specifications and advertised the maintenance services agreement project for proposals.
• On March 4, 2026, staff received four proposals for the project. • Following a best-value evaluation process in accordance with the city’s request and Carlsbad Municipal Code Sections 3.28.050(D)(2) and 3.28.060, the evaluation panel selected Southern California Precision Concrete, Inc. dba Precision Concrete Cutting to provide project services for an amount not to exceed $552,321 for the initial one-year term.
Recommendation
Staff recommend awarding Southern California Precision Concrete, Inc. dba Precision Concrete Cutting an initial one-year agreement for concrete sidewalk inspection and repair services based on the established Pavement Zone map in Exhibit 3, addressing Zones 1 and 2 per the cost table below.
Staff also recommend potential future extensions of the agreement for four additional one-year periods or parts thereof to address the remaining zones for a total five-year agreement in an amount not to exceed $2,324,144.
April 28, 2026
Item #4 Page 3 of 9
Docusign Envelope ID: BCE8612C-BFE3-452F-9DCA-584AA7F595EB Fiscal Analysis
Based on the initial agreement analysis, the average cost to slice uneven joints per sidewalk location is $128. By comparison, the average cost to have city staff demolish and replace uneven sidewalk panels is about $850 per location.
Estimated costs for concrete sidewalk inspection, hazard removal and slicing services, with extension options
(Costs assume annual inflation using the Consumer Price Index of 3%) Term Agreement
year
Pavement
zone(s)
Sidewalk
miles to
survey
Estimated cost for
survey and 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 average 151 $464,829
Funding is available in the budget for the Concrete Repair/Replacement Program to fund the first year of the agreement. The project is funded with gas tax and road maintenance and rehabilitation state allocations.
Funding and estimated costs for Concrete Repair/Replacement Program Capital Improvement Program Project No. 6013
Total appropriation to date $6,810,000
Total expenditures and encumbrances to date -$5,736,852 Total available funding $1,073,148
First year of concrete sidewalk inspection, hazard removal and slicing services agreement – Southern California Precision Concrete, Inc. dba Precision Concrete Cutting
$552,321
Remaining balance $520,827
Additional appropriation needed $0
Staff will request additional funds through the annual Capital Improvement Program budget development process in future fiscal years to cover the remaining extension options, as needed.
Staff also recommend that the City Council authorize the City Manager to extend the agreement by four one-year periods or parts of the years for an amount not to exceed $566,000 per agreement year, or as needed. Staff expect that sufficient funding will be available in the budget for the Concrete Repair/Replacement Program each year to fund this April 28, 2026
Item #4 Page 4 of 9
Docusign Envelope ID: BCE8612C-BFE3-452F-9DCA-584AA7F595EB project and to repair or replace sidewalk panels that cannot be repaired through mechanical slicing.
Next Steps
Upon the City Council’s approval, the agreement will be executed and staff will issue a purchase order. Staff will then issue a notice to proceed to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting, to perform the concrete sidewalk inspection, hazard removal and slicing services.
Environmental Evaluation
The proposed action to award an agreement for concrete sidewalk inspection and repair services is categorically exempt from environmental review under the California Environmental Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance, repair or minor alteration of existing facilities with negligible or no expansion of the existing or former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.
Exhibits
1. City Council resolution
2. Specifications and contract documents (on file in the Office of the City Clerk)
3. Zone map
April 28, 2026
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Docusign Envelope ID: BCE8612C-BFE3-452F-9DCA-584AA7F595EB Exhibit 1
RESOLUTION NO. 2026-080
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AWARDING AN AGREEMENT TO SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. DBA PRECISION CONCRETE CUTTING FOR
CONCRETE SIDEWALK INSPECTION AND REPAIR SERVICES IN AN AMOUNT NOT TO EXCEED $552,321 FOR THE FIRST YEAR OF THE AGREEMENT WHER
EAS, the City Council of the City of Carlsbad, California, has det ermined it necessary, desirable and in the public interest to inspect and repair concrete sidewalks citywide; and WHEREAS, the scope of the Concrete Repairs Capital Improvement Program, or CIP, Project No. 6013, includes maintenance and repairs to concrete sidewalks citywide; and WHEREAS, on J an. 30, 2026, staff posted the concrete sidewalk m aintenance services agreement project for proposals; and
WHEREAS, on March 4, 2026, staff received four proposals; and WHEREAS, following a best -value evaluation process consistent with the city’s request and Carlsbad Municipal Code Sections 3.28.050(D)(2) and 3.28.060, the evaluation panel determined that Southern California Precision Concrete, Inc. dba Precision Concrete Cutting submitted the best-value proposal to provide concrete sidewalk inspection and repair services in an amount not to exceed $552,321 for the first year of the agreement; and
WHEREAS, sufficient funding is available in the Concrete Repair/Replacement Program, funded by gas tax and road maintenance and rehabilitation state allocations; and WHEREAS, the City of Carlsbad established best -value criteria before releasing the r equest for proposals, scored the received proposals per the best -value criteria, and identified Southern California Precision Concrete, Inc. dba Precision Concrete Cutting as providing the best value, consistent with Carlsbad Municipal Code Sections 3.28.050(D)(2) and 3.28.060; and WHEREAS, the term of the agreement is one year with four additional one-year periods or parts thereof, if the City Council authorizes the City Manager to extend the agreement , for a potential total of five years in an amount not to exceed $2,324,144.
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.
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Docusign Envelope ID: BCE8612C-BFE3-452F-9DCA-584AA7F595EB
2. That the City Council has determined that the proposed action to award an agreement for concrete sidewalk inspection and repair services is categorically exempt from environmental review under the California Environmental Quality Act , or CEQA, Guidelines Section 15301 because it involves the maintenance, repair or minor alteration of existing facilities with negligible or no expansion of the existing or former use. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.
3. That the award of the agreement for Concrete Sidewalk Inspection and Repair Services described herein is contingent upon Southern California Precision Concrete, Inc. dba Precision Concrete Cutting executing the agreement and submitting the required bonds and insurance policies, as described in the agreement, within 20 calendar days after adoption of this resolution. The City Manager may grant reasonable extensions of time to execute the contract and assemble the required bonds and insurance policies.
4. That the City Manager, or designee, is authorized to extend the agreement by up to four additional one-year periods, or parts thereof, for an amount not to exceed $566,000 per agreement year, after satisfactory performance by the contractor, if funds are available for those years.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the Cit y of Carlsbad on the 28th day of April, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________
_______________________
KEITH BLACKBURN, Mayor
______________________________________
S
HERRY FREISINGER, City Clerk
(SEAL)
April 28, 2026
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Docusign Envelope ID: BCE8612C-BFE3-452F-9DCA-584AA7F595EB
Exhibit 2
Specif
ications and contract documents
(on file in the Office of the City Clerk)
April 28, 2026
Item #4 Page 8 of 9
Docusign Envelope ID: BCE8612C-BFE3-452F-9DCA-584AA7F595EB MSA26-4061TRAN
City Attorney Approved Version 6/30/2025
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 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: EABE6992-699C-4D64-B7C3-9C7D0176F00F Exhibit 2
MSA26-4061TRAN
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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 lo cated 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 it ems. 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: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
City Attorney Approved Version 6/30/2025
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 payme nts 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 (incl uding, 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: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
City Attorney Approved Version 6/30/2025
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: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
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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 Con tractor 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: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
City Attorney Approved Version 6/30/2025
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.
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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 ma y 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 proc edure 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 pa id 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.
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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 ack nowledges 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 d ebarment 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.
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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: EABE6992-699C-4D64-B7C3-9C7D0176F00F
MSA26-4061TRAN
City Attorney Approved Version 6/30/2025
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.
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• 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
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EXHIBIT A
ZONE MAP
Docusign Envelope ID: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
City Attorney Approved Version 6/30/2025
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 o f the Project.
Signature: Date:
Name: Ronald William Durna, Jr. Title: President
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EXHIBIT “C”
LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, the City of Carlsbad has awarded to (“Principal,”) a Contract for the Work described as follows:
Contract No MSA26-4061TRAN, Name of Project: Concrete Sidewalk Inspection and Repair Services (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 amo unts 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 ___________________________________________________ ,as Surety, are held and firmly bound unto the Agency in the penal sum of five 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, pr ovender, 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:
Docusign Envelope ID: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
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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 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 modifi cation 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.
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Executed by PRINCIPAL this _________
day of _______________________, 20____.
PRINCIPAL:
____________________________________
(name of Contractor)
By: _________________________________
(sign here)
____________________________________
(print name here)
____________________________________
(title and organization of signatory)
Executed by SURETY this ____________ day of
_______________________, 20____.
SURETY:
____________________________________
(name of Surety)
____________________________________
(address of Surety)
____________________________________
(telephone number of Surety)
By: ____________________________________
(signature of Attorney-in-Fact)
____________________________________
(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: _____________________________
Assistant City Attorney
Docusign Envelope ID: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
City Attorney Approved Version 6/30/2025
EXHIBIT “D”
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: Concrete Sidewalk Inspection and Repair Services (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 _______________, (“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 ___________________________________________________ ,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 Contra ct 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 obligatio n, 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 peri od, 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 Docusign Envelope ID: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
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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 a nd 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 da mages 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.
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Docusign Envelope ID: EABE6992-699C-4D64-B7C3-9C7D0176F00F MSA26-4061TRAN
City Attorney Approved Version 6/30/2025
Executed by PRINCIPAL this _________ day of
________________________, 20___.
PRINCIPAL:
____________________________________
(name of Contractor)
By:_________________________________
(sign here)
____________________________________
(print name here)
____________________________________
(title and organization of signatory)
Executed by SURETY this ____________ day
of ________________________, 20___.
SURETY:
____________________________________
(name of Surety)
____________________________________
(address of Surety)
____________________________________
(telephone number of Surety)
By: _________________________________
(signature of Attorney-in-Fact)
____________________________________
(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: _____________________________
Assistant City Attorney
Docusign Envelope ID: EABE6992-699C-4D64-B7C3-9C7D0176F00F Exhibit 3
Concrete Repair/Replacement Program, Capital Improvement Program Project No. 6013 April 28, 2026
Item #4 Page 9 of 9
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