Agenda packet — Poway City Council, April 7, 2026 (part 1 of 2)

AGENDA Poway City Counc il
Council Ch am be r I 13325 Civic Center Driv e I Poway , CA I 92064 April 7, 2026 I 7 p.m.

Thank you for participating in your local government and the City of Poway Council meetings.

Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.

Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.

Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced.

To Watch Live:
www.poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.

The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www .poway.org . Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a"#" symbol are in preparation.

PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.

American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.

Steve Vaus
Mayor
Jenny Maeda
Deput y Mayor
Peter De Hoff
Council member
Christopher J. Pikus Vacant
Councilmember Councilmember
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.

The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:

ROLL CALL:

PLEDGE OF ALLEGIANCE:

MOMENT OF SILENCE:

PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not schedul ed on the agenda may be brought forward by the general publi c for comm ent; however, the City Council will not be able to discuss or take actio n on any issue not includ ed on the agenda. You may speak up to three (3) minutes .

Per the Poway Muni cipal Code, the speaking time may be reduc ed. Speakers have one opportunity to addr ess the Council under Public Comm ent.

CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmemb er, a member of the public , or City Manager requests that an item be removed for discussion.

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Approval of the January 20, 2026 Regular City Council Meeting Minutes

3. Acceptance of the FY 2024-25 Americans with Disabilities Act Barrier Removal - Buckley Street Phase I with A.B. Hashmi, Inc., as Complete

4. Acceptance of the FY 2024-25 Street Overlay Project with Quality Construction & Engineering Inc., as Complete

5. Award of Agreement to Brightview Landscape Services for Starridge Park Turf and Path Improvement Project and Appropriation of Funds

6. Award of Agreement to SCA of CA, LLC for Street Sweeping Services

7. Acceptance of Public Improvements for the McKee Orchard, Improvement Plan 22-0002 ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS: None
2 of 4 Regular City Council Meeting April 7, 2026
STAFF REPORTS:

8. Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (Cal PERS) and the City of Poway to Incorporate Language from the California Public Employees' Pension Reform Act (PEPRA) of 2013 City Manager's Recommendation: It is recommended the City Council adopt the attached Resolution of Intention to approve the amendment to the contract between the Board of Administration of California Public Employees' Retirement System (CalPERS) and to proceed with the first reading of the ordinance authorizing the amendment to the contract, as required by the retirement system and government code, waive further reading, and schedule the adoption of the ordinance for the May 5, 2026 Regular City Council meeting.

9. Approval of a Three-Year Agreement with Fireworks America to Provide the Annual July 4th Fireworks
City Manager's Recommendation: It is recommended the City Council approve the three-year Agreement and authorize the City Manager to execute all necessary documents associated with the Agreement between the City of Poway and Fireworks America to provide the July 4th fireworks.

10. Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant City Manager's Recommendation: It is recommended the City Council approve the resolution, pursuant to Government Code Sections 7522.56 and 21221 (g), approving the waiver of the 180- day wait period for the newly retired Contract Specialist/Inspector to temporarily work as a retired annuitant until staffing levels are restored.

WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None
ADIOURNMENT:
3 of 4 Regular City Council Meeting April 7, 2026
State of California
County of San Diego
)
) ss.
)

AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on March 31, 2026.

Said meeting to be held at 7:00 p.m., April 7, 2026, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting April 7, 2026
April 7, 2026, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

April 7, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the January 20, 2026 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• January 20, 2026 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.

Recommended Action:

It is recommended the City Council approve the January 20, 2026 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. January 20, 2026 Regular City Council Meeting Minutes Reviewed/Approved By:

Assistant City Manager
1 of 7
Reviewed By:

Alan Fenstermacher
City Attorney City Manager

ATTACHMENT A
2 of 7
April 7, 2026, Item #2

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
January 20, 2026
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:

Mayor Vaus called the Regular Meeting to order at 7:00 p.m.

ROLL CALL:

Present: Peter De Hoff, Christopher J. Pikus, Jenny Maeda, Steve Vaus STAFF MEMBERS PRESENT:

City Manager Chris Hazeltine; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Lieutenant Colin Hebeler, San Diego County Sheriff's Office. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE:

Deputy Mayor Maeda led the Pledge of Allegiance.

MOMENT OF SILENCE:

Mayor Vaus led a moment of silence.

PRESENTATIONS:

None.

PUBLIC COMMENT:

Jim Bunner congratulated the Poway High School Cheer team on their CIF achievements and voiced his support while promoting their upcoming national competition. 3 of 7
April 7, 2026, Item #2
City of Poway -Minutes -January 20, 2026
Tony Rubino expressed his appreciation to City staff for the successful Winter Festival event and for their efforts to accommodate the special-needs community.

CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Councilmember Pikus to approve Consent Calendar Items 1 through 3. Motion carried 4/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

De Hoff, Pikus, Maeda, Vaus
None
None
None
Disqualified: None

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Approval of the November 4, 2025 Special and Regular City Council Meeting Minutes and November 7, 2025 Special City Council Meeting Minutes

3. Annual Investment Policy Review
ORDINANCES FOR INTRODUCTION:

None.

PUBLIC HEARINGS:

4. Public Hearing for Proposed Five-Year Water, Recycled Water, and Wastewater Rates Mayor Vaus opened the Public Hearing at 7:05 p.m.

Director of Finance Craig Schmollinger presented the item along with a PowerPoint presentation. He provided an update on the Indirect Cost Allocation Plan (Plan), noting it was initiated as part of the Fiscal Year 2024-25 Finance workplan and referenced in the Fiscal Year 2025-26 Budget. He explained the Plan distributes shared costs among benefiting enterprise funds rather than assigning full positions or departments to a single fund. The results were incorporated into the water and sewer cost-of-service studies, with minimal impact to the water enterprise and reduced costs to the sewer enterprise.

Mr. Schmollinger reviewed proposed pass-through provisions which allow agencies to pass through wholesale cost increases with 30 days' written notice to customers. He noted 21 of 22 water providers in San Diego County use similar provisions. The proposed mechanisms would remain in effect through 2030 and apply to wholesale water purchases from the San Diego County Water Authority (SDCWA), recycled water purchases from the City of San Diego, and wastewater treatment costs from the San Diego Metro Joint Powers Authority (JPA), all of which are outside the City's control.

Water rate design was discussed, including recent court rulings challenging tiered volumetric structures. Staff recommended adopting a uniform volumetric rate as a more equitable and legally defensible approach, confirming compliance with Proposition 218 cost-of-service principles. Key rate drivers were outlined, including wholesale water costs from the SDCWA, 4 of 7
April 7, 2026, Item #2
City of Poway -Minutes -January 20, 2026
pumping energy from San Diego Gas & Electric, capital improvement and Water Infrastructure Program projects, operations and maintenance, and debt service obligations.

Proposed water revenue adjustments from the cost-of-service study include a 9.9% revenue increase effective January 2026, followed by 4.0% annual increases from January 2027 through January 2030. He noted 2027-2030 rates do not include future pass-through or CPI adjustments.

Wastewater rate drivers were also reviewed, with treatment and disposal costs from the San Diego Metro JPA identified as the primary factor. Proposed wastewater adjustments include no revenue increase in January 2026 or January 2027, followed by 3.0% annual increases in January 2028, January 2029, and January 2030. A combined household impact analysis was presented for reference.

Mr. Schmollinger summarized the Proposition 218 timeline and noted Year 1 rates would become effective immediately, with subsequent annual adjustments effective January 1 of each year through 2030.

Public Comment:

Jim Bunner spoke in opposition to Item #4.

Yuri Bohlen spoke neutrally on Item #4.

End of Public Comment.

Mayor Vaus closed the Public Hearing at 7:22 p.m.

City Clerk Gallagher announced that 59 total protests were received which does not constitute a majority protest. She also confirmed that zero (0) written objections were submitted.

Council discussed the proposed annual increases, highlighting cost drivers including wholesale water rates, infrastructure investment, and inflationary pressures. Council also reviewed the balance between fixed and commodity charges, reserve levels, bond ratings, and regional rate comparisons, emphasizing transparency in the rate study process and stating the proposal is intended to maintain safe, reliable service and fiscal stability.

Responding to Council questions, staff clarified the prior wholesale pass-through adjustment was a one-time action to address costs exceeding forecasts and explained any future pass throughs would require notice. Staff further explained the proposed percentages include all projected City and wholesale costs and represent not-to-exceed amounts; any increase beyond those levels would require a Proposition 218 process. Staff also noted legal limitations on subsidizing one customer class with rate revenue from another and referenced available external assistance programs.

Council acknowledged the difficulty of rate increases and expressed support for the proposal as a measured approach to maintaining long-term service reliability and financial stability.

Deputy Mayor Maeda motioned to amend the proposed rate structure to reduce the bi monthly water meter service charge for single-family customers by 25% and increase the per-unit commodity charge by 12%. Motion failed due to lack of a second. 5 of 7
April 7, 2026, Item #2
City of Poway -Minutes -January 20, 2026
Motioned by Councilmember De Hoff, seconded by Councilmember Pikus to: consider any protests, objections and responses; adopt Resolution No. 26-001 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Water Service Charges and Rates per Section 13.11.120 of the Poway Municipal Code"; and Resolution No. 26-002 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Sewer Service Charges and Rates per Section 13.03.010 of the Poway Municipal Code" if a majority protest does not exist. Motion carried 3/1 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

De Hoff, Pikus, Vaus
Maeda
None
None
None

5. General Plan Amendment 25-0001 and Zone Change 25-0001: a Request to Change the General Plan Land Use Designation and Zoning Classification of Parcels, or Portions Thereof, to the Open Space-Resource Management or Natural Open Space Zoning Designation at Various Locations Citywide and Determine the Project is Categorically Exempt from CEQA Mayor Vaus opened the Public Hearing at 7:51 p.m.

Assistant Planner Jasmine Sanchez presented the item along with a PowerPoint presentation.

She noted this action represents a key milestone toward implementing the Pathway Subarea Habitat Conservation Plan (HCP), adopted by the City Council in 1996 to preserve threatened and endangered plant and animal species and their habitats across approximately 13,000 acres, covering more than half of the City.

Ms. Sanchez explained the HCP requires land under a Biological Conservation Easement (BCE) to be rezoned as Open Space Resource Management (OS-RM) to reflect its permanent preservation status. She confirmed all 32 parcels identified in the Agenda Report are located within HCP boundaries and this action would result in more than 311 acres being rezoned for permanent preservation. She further noted property owners developing land within the HCP area are required to mitigate any loss of natural habitat, ensuring that the protected land remains undeveloped in the future.

For 25 of the parcels, only the portions of the property under BC Es would be rezoned to OS RM, while the remaining areas would continue to be zoned residential, preserving existing development rights. The remaining parcels have been acquired by the City for habitat preservation resulting in approximately 205 acres being rezoned to OS-RM. Ms. Sanchez highlighted examples including 165 acres on Van Dam Peak and 39 acres on Twin Peaks, which would remain as open space in their natural condition.

She concluded the combination of BCEs and City-acquired parcels has established a large, contiguous open space area, reflecting the City's substantial progress in building the preserve and advancing the goals of the HCP.

Public Comment:

None.
6 of 7
April 7, 2026, Item #2
City of Poway -Minutes -January 20, 2026
End of Public Comment.

Mayor Vaus closed the Public Hearing at 7:55 p.m.

Council highlighted the City's continued expansion of open space holdings, noting approximately 50 percent of the City's land area is preserved as open space and the addition of 311 acres reflects long-term planning and stewardship. Council stated the action supports preservation for future generations and expressed support for securing the property as open space.

Responding to Council questions regarding whether the proposed zoning would trigger Proposition FF voter requirements for any future rezoning, staff indicated that was likely and clarified the properties are already restricted by easements and not developable.

Motioned by Mayor Vaus, seconded by Councilmember De Hoff to: approve Resolution No. 26-003 entitled "A Resolution of the City Council of the City of Poway, California, Amending the Land Use Element of the General Plan of the City of Poway, General Plan Amendment 25-0001 "; make the determination the project is categorically exempt from California Environmental Quality Act (CEQA) as a Class 8 Categorical Exemption, pursuant to Section 15308 of the CEQA Guidelines. This project also qualifies under the "common sense" exemption set forth in CEQA Guidelines 15061(b)(3), because it can be seen with certainty that it has no possibility of resulting in a significant impact on the environment; and introduce Ordinance No. 879 entitled "An Ordinance of the City Council of the City of Poway, California, Changing the Zoning Classification of Certain Properties to Open Space Resource Management (OS-RM) or Natural Open Space (OS) (ZC 25-0001 )" for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the February 3, 2026 Regular City Council meeting. Motion carried 4/0 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

STAFF REPORTS:

None.

WORKSHOPS:

None.

De Hoff, Pikus, Maeda, Vaus
None
None
None
None
COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
7 of 7
April 7, 2026, Item #2
City
of
Poway
-
Minutes
-
January
20,
2026
Councilmember
De
Hoff
reported
having
dinner
with
City
fire
personnel,
he
thanked
Fire
Chief
Mitchell
and
described
the
visit
as
an
educational
opportunity
to
observe
operations
firsthand
. He
noted
firefighters
responded
to
an
emergency
call
during
his
visit
and
encouraged
residents
to
follow
the
recommendation
and
guidance
of
paramedics',
expressing
appreciation
for
their
professionalism. Mayor
Vaus
reported
attending
the
annual
Poway
Senior
Volunteer
Patrol
breakfast
and
highlighted
the
group's
extensive
service
to
the
community
over
the
past
year.

He
expressed
appreciation
for
the
volunteers
' continued
support
of
the
Sheriff's
Department
and
fire
services,
recognizing
their
significant
contribution
to
public
safety
.

CITY

MANAGER
ITEMS:

None. CITY

ATTORNEY
ITEMS:
(Including
any
public
report
of
any
action
taken
in
closed
session)
None. CLOSED
SESSION:

None
.

ADJOURNMENT: The
meeting
was
adjourned
at
8:02
p.m.

Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
April 7, 2026, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
April 7, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services q
Cassandra Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]

CITY COUNCIL
Acceptance of the FY 2024-25 Americans with Disabilities Act Barrier Removal - Buckley Street Phase I with A.B. Hashmi, Inc., as Complete On November 18, 2025, the City Council awarded the FY 2024-25 Americans with Disabilities Act (ADA) Barrier Removal -Buckley Street Phase I project contract to A.B. Hashmi, Inc., Bid No. 26-004, in the amount of $85,610.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the FY 2024-25 ADA Barrier Removal -Buckley Street Phase I project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $4,480.51 if unencumbered, 45 days after City Council acceptance;
4) Release the Old Republic Surety Company for Material and Labor in the amount of $85,610.00 after the release of retention; and
5) Retain the Old Republic Surety Company Bond for Faithful Performance for a period of one (1) year.

Discussion:

The FY 2024-25 ADA Barrier Removal -Buckley Street Phase I project is fully funded through the Community Development Block Grant (CDBG) Program. The County of San Diego manages the program and allocates funds to the City. As a requirement of this grant, the City allocates and expends funds for the approved project, which are then submitted to the County for reimbursement. The General Fund (F1000) provides temporary loans to the CDBG Fund as applicable in the interim to pay for the project.

This project consisted of ADA upgrades at the Buckley Street entrance to Community Park in the City of Poway. The project included the construction of a new ADA compliant pathway as well as ADA 1 of 2
April 7, 2026, Item #3
compliant picnic and barbeque areas along the new pathway. Enhancing ADA accessibility and connectivity at Community Park was a recommendation of the Community Park Needs Assessment.

This action accepts the FY 2024-25 ADA Barrier Removal -Buckley Street Phase I project as complete.

AB. Hashmi, Inc. has completed all work in accordance with the contract plans and specifications. A single change order, in the amount of $4,000.19, included costs for materials and labor associated with overtime work not included in the initial project scope. Overtime was deemed necessary to complete portions of work prior to the City's Winter Festival event. The final contract amount is $89,610.19.

Environmental Review:

The action of acceptance of public improvements, which was the subject of a prior environmental determination, is not considered a Project as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15378(b)(5) no environmental review is required.

Fiscal Impact:

Sufficient funds are available in the project account (PK030) for the release of retention.

Public Notification:

None.

Attachments:

None.

Reviewed/Approved By:

Assistant City Manager
2 of 2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
~
Chris Hazeltine
City Manager
~
April 7, 2026, Item #4
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

April 7, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq
Cassandra Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the FY 2024-25 Street Overlay Project with Quality Construction & Engineering Inc., as Complete
Summary:

On May 20, 2025, the City Council awarded the FY 2024-25 Street Overlay project contract to Quality Construction & Engineering Inc., Bid No. 25-010, in the amount of $2,628,512.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the FY 2024-2025 Street Overlay project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $144,031.39 if unencumbered, 45 days after City Council acceptance;
4) Release the Swiss Re Corporate Solutions America Insurance Corporation Bond for Material and Labor in the amount of $2,628,512.00 after the release of retention; and 5) Retain the Swiss Re Corporate Solutions America Insurance Corporation Bond for Faithful Performance for a period of one (1) year.

Discussion:

The scope of work included the asphalt overlay of residential streets including, Casa Court, Evalyn Place, Rick Street, Tustin Steet, Meadowbrook Road, and 9th Street within Street Maintenance Zone 8.

Asphalt patch repairs were completed on residential streets and arterial streets including Poway Road from west city limits to Community Road, Pomerado Road from Poway Road to south city limit, Scripps Poway Parkway from west city limits to Pomerado Road, and Ted Williams Parkway from west city limits to Pomerado Road. Americans with Disabilities Act (ADA) pedestrian ramp removal and replacement was completed on overlayed residential streets and arterial roads.

This action accepts the FY 2024-25 Street Overlay Zone 8 project as complete. Quality Construction & 1 of 2
April 7, 2026, Item #4
Engineering
Inc.
has
completed
all
work
in
accordance
with
the
contract
plans
and
specification.

Four
change
orders,
totaling
$252,115.63,
included
costs
for
materials
and
labor
associated
with
overtime
work, additional
pavement
treatment,
and
emergency
repair
services
not
included
in
the
initial
project
scope
. The
final
contract
amount
is
$2,880,627
.63.

Environmental
Review:

The
action
of
acceptance
of
public
improvements,
which
was
the
subject
of
a
prior
environmental
determination,
is
not
considered
a
Project
as
defined
under
Section
15378
of
the
California
Environmental
Quality
Act
(CEQA)
State
Guidelines;
therefore,
pursuant
to
the
CEQA
State
Guidelines
Section
15378(b)(5)
no
environmental
review
is
required
.

Fiscal
Impact:

Sufficient
funds
are
available
in
the
project
account
(ST031)
for
the
release
of
retention.

Public
Notification:

None. Attachments: None. Reviewed/Approved
By
:

Assistant
City
Manager
2 of
2 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
April 7, 2026, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
April 7, 2026
Honorable Mayor and Members of the City C~~'wil
Eric Heidemann, Director of Public Works ~\

CITY COUNCIL
Stephen Jackson, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or [email protected]
Award of Agreement to Brightview Landscape Services for Starridge Park Turf and Path Improvement Project and Appropriation of Funds
An informal request for quotes for Starridge Park Turf and Path Improvement Project was requested on September 8, 2025, by the City of Poway (City). The City participates in California Uniform Public Construction Cost Accounting Act (CUPCCAA) which allows informal bidding procedures for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide quotes for Starridge Park Turf and Path Improvement Project. Three (3) quotes were received and reviewed by staff. Staff determined Brightview Landscape Services to be qualified to provide these services at the best value to the City.

Recommended Action:

It is recommended the City Council:
1) Award the Agreement for Starridge Park Turf and Path Improvement Project to Brightview Landscape Services in the amount of $219,816.88;
2) Authorize an appropriation of $219,816.88 from Capital Improvement Fund (General Fund -Fund 1060) unassigned fund balance; and
3) Authorize the City Manager to execute the necessary documents.

Discussion:

To support the community's recreational needs and maintain the functionality of Starridge Park, improvements are recommended to restore turf areas and enhance park access. Turf previously removed as part of the City's proactive efforts to reduce irrigation during a statewide drought will be restored, along with other areas in need of improvement. In addition, the parks commonly used rear entrance will be upgraded with a decomposed granite (DG) pathway, improving accessibility and safety for park users.
1 of 24
April 7, 2026, Item #5
The project scope includes reinstallation of turf within existing mulched areas and replacement of any dead or deteriorated grass. Site preparation will involve removal of existing mulch, soil grading, and addition of topsoil to create a level, nutrient-rich base for healthy turf growth. The irrigation system will be updated, repaired, or expanded as needed, with drainage improvements incorporated to support the new turf.

The project will be implemented in two phases. The phased approach ensures seasonal alignment for optimal turf installation while addressing both immediate restoration needs and areas impacted by heavy use. Phase 1, tentatively scheduled for Spring and Summer 2026, will focus on restoring turf within the mulched areas and replacing the baseball field outfield. This phase will also include the installation of the DG pathway from the park's southwest corner, connecting to the existing concrete footpath. A map of the proposed pathway is included below for reference.

Phase 2 is tentatively scheduled for Fall 2026 and will focus on turf replacement in remaining dead spots throughout the park, as well as restoration of turf in areas impacted by heavy use. Phases 1 and 2 turf replacement are illustrated in the map below, labeled "1" for Phase 1 and "2" for Phase 2. 2 of 24
April 7, 2026, Item #5
The City requests an appropriation offunds to support the proposed improvements at Starridge Park, which are not included in the current fiscal year's budget. Staff recommends the allocation of funds to allow for timely implementation of the project in Spring and Summer 2026.

The City participates in California Uniform Public Construction Cost Accounting Act (CUPCCM) which allows informal bidding procedures for public works projects under $220,000. Staff contacted CUPCCM registered companies to provide quotes for the Starridge Park Turf and Path Improvement Project. Three (3) quotes were received and reviewed by staff. Staff determined Brightview Landscape Services to be qualified to provide these services and presented the best overall value to the City. A summary of the quotes received is listed in table 1 below:

Table 1:

Vendor Quote
Brightview Landscape Services $219,816.88
LaBahn's Landscaping $242,576.53
Tri-Group Construction and Development, Inc. $375,842.00 Copies of all quotes are on file with the Public Works Department.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

Approval of this item includes an appropriation of $219,816.88 from the Capital Improvement Fund (General Fund -Fund 1060), unassigned fund balance to the Park, Trail and Landscape Maintenance account (414040-41200) to complete unplanned required work of this project.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
3 of 24
Reviewed By:

Alan Fenstermacher
City Attorney
Appr:~d Bf_,_,
Ch~
City Manager
April 7, 2026, Item #5
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
8th
day
of
April,
2026,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and

BRIGHTVIEW

LANDSCAPE

SERVICES
("the
Contractor").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
for
providing
Starridge
Park
Turf
and
Path
Improvement;

WHEREAS,
Contractor
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
and

WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.

NOW,

THEREFORE,
IT
IS

MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN

CONTRACTOR
ON
THE

FOLLOWING
TERMS
AND
CONDITIONS:

1. Scope
of
Services.

Contractor
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

2. Compensation
and
Reimbursement.

City
shall
compensate
and
reimburse
Contractor
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

3. Term
of
Agreement.

The
term
of
this
Agreement
shall
be
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.

Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Contractor
. During
said
60-day
period
Contractor
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.

This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Contractor
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.

Termination
for
cause
shall
be
effected
by
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ATTACHMENT
A
April 7, 2026, Item #5
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it 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 the Agreement.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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April 7, 2026, Item #5

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of24
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item; and

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

April 7, 2026, Item #5
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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April 7, 2026, Item #5

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
8 of24
April 7, 2026, Item #5
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section

15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.

17. Contractor Not an Agent.

Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
9 of24
April 7, 2026, Item #5

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
10 of24
April 7, 2026, Item #5

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
11 of 24
April 7, 2026, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------
Alan Fenstermacher, City Attorney
12 of24

BRIGHTVIEW LANDSCAPE MAINTENANCE
By:------------
Alejandro Mojarro Mercado, Associate
Account Manager
April 7, 2026, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor agrees to provide Starridge Park Turf and Path Improvements as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. The City reserves the right to modify the location and tasks as deemed necessary to accommodate the evolving needs of the city parks.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on September 8, 2025, which is included in this document as Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing April 8, 2026, and ending April 7, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination."
D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual 13 of 24
April 7, 2026, Item #5
liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of 24
April 7, 2026, Item #5
15 of 24
To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Brightview Landscape Services
980 Jolly Road, Suite 300
Blue Bell, PA 19422
(Remainder of page intentionally left blank)
April 7, 2026, Item #5
BrightView ~
ATTACHMENT 1
Landscape Services
Proposal for Extra Work at
City of Poway
Property Name
Property Address
City of Poway
Poway
Contact Frank Quijada
To City of Poway
Poway, CA 92064 Billing Address PO BOX 789
Poway, CA 92064
Project Name Starridge Park -Trail Addition, Sod Rehabilitation, Install and Irrigation and Sod Patching Project Description Starridge Park -Trail Addition, Sod Rehabilitation, Install and Irrigation and 16 of 24
Sod Patching
Scope of Work
Starridge Park Turf Rehabilitation -70,750 Sq. Ft of Turf Site Preparation
Remove all existing mulch from designated areas.

Dispose of mulch in accordance with local environmental regulations.

Irrigation System Repairs
Inspect and repair damaged lateral irrigation lines.

Install and adjust Hunter 1-20 rotor sprinkler heads for optimal coverage.

Raise irrigation manifold on the south side of the park to align with the new sidewalk elevation.

Soil Preparation
Add 2 to 3 inches of topsoil across the prepared area to promote healthy sod growth.

Grade and level soil to ensure proper drainage and even surface.

Sod Installation
Install high-quality sod over the prepared soil.

Water sod immediately after installation to ensure proper rooting.

Monitor and adjust irrigation system to support sod establishment.

Final Inspection and Cleanup
Conduct a final walkthrough to ensure all work meets project standards.

Clean up all debris and excess materials from the site.

Sod Replacement
Removal and Installation: Cut, remove, deliver, and install 18,775 square feet of SF.

THIS IS NOT AN INVOICE
This proposal is valid for thirty (30) days unless otheiwise approved by Contractor's Senior Vice President 6318 Fairmont Ave, San Diego, CA 92120 ph. fax
March 13, 2026

Page 1 of 4 ends

April 7, 2026, Item #5
BrightView ~
QTY
DG Trail

5.00 1.00

5.00 1.00
Lanchc.iµcServices
UoM/Size
EACH
Proposal for Extra Work at
City of Poway
Hybrid Bermuda sod (p. 1). This includes using a sod cutter (p. 1).

Soil Amendment: Deliver and apply two bags of Simplot Sulfur Turf Grade soil amendments (p. 1).

Labor: Provide the necessary labor for all sod-related tasks (p. 1 ).

Decomposed Granite (DG) Trail
Construction: Construct a new trail using five yards of decomposed granite (p. 1).

Edging: Install seven railroad ties and fencing posts, railing, and edging with stakes to define the trail boundaries (p. 1 ).

Finishing: Use a 1/2 ton roller for compaction and finishing (p. 1 ).

Labor: Provide necessary labor for all DG trail-related tasks (p. 1 ).

Material/Description

LUMP SUM
Railroad Ties
Labor
YARD Decomposed Granite (DG)
DAY 1/2 Ton Roller -Daily Equipment Rate
Demo and Prep

1.00 1.00

1.00 432.00
Irrigation

22.00 700.00

1.00 1.00

4.00 Sod Install

1.00 DAY
DAY

LUMP SUM

CUBIC YARD
EACH

LINEAR FEET

LUMP SUM

LUMP SUM
EACH

LUMP SUM
Sod Patching
18,775.00 SQUARE FEET

1.00 2.00

LUMP SUM
BAG
17 of 24
Operator
1,500LB Skid Steer -Daily Rate
Labor to Grade and Prep for Sod
Topsoil -2" to 3"
Hunter 1-20 4" rotor
PVC Pipe -Schedule 40
Misc. irrigation parts -fittings, glue, adaptors, bushings, etc.

Labor to install lateral lines, set sprinklers and Raise Valve Manifold with Isolation Valves
Rain Bird PESB In-Line Valve with Scrubber and Flow
Control 1-1/2" FPT I RBL 150PESB
Bermudagrass Sod -70,750 sq. ft. Installed
SF. Hybrid Bermuda sod -Turf Installed
Delivery Fee
Soil Amendments-Simplot Sulfur Turf Grade

THIS IS NOT AN INVOICE
This proposal is valid for thirty (30) days unless otherwise approved by Contractor's Senior Vice President 6318 Fairmont Ave, San Diego, CA 92120 ph. fax
March 13, 2026

Page 2 ends

Total
$6,366.12
$54,889.95
$7,620.47
$82,364.69
$68,575.65
April 7, 2026, Item #5
BrightView ~

1.00 LUMP SUM
For Internal use only
SO#
JOB#
Service Line
8871732
473302009
130
Labor
Proposal for Extra Work at
City of Poway

THIS IS NOT AN INVOICE
Total Price
18 of 24
This proposal is valid for thirty (30) days unless otherwise approved by Contractor's Senior Vice President 6318 Fairmont Ave, San Diego, CA 92120 ph. fax
March 13, 2026

Page 3 ends

$219,816.88
April 7, 2026, Item #5
March 13, 2026

Page 4 of 4 ends

TERMS & CONDITIONS
I. The Contractor shall recogrnze and perform m accordance with written terms. written spec1ftca\10nsand drnwmgs only contained or referred to herein All materials shall conform to bid spec1frcal!ons
Work Force. Contractor shall designate a qualified representatJVe with experience 1n landscape mamtenance/construction upgrades or when apphcab!e 1n tree management The wu1kforce shall L"'e competent and qualified, and shall be legally autt1onzed to work 1n the US
:l. License and Perrnits: Contractor shall n-ainta1n a Landscape Contractor's license. 1f required by State or !oca! law, and will co1rp)y with all other license requirements of !he City. State and Fed.::!ra! Gol/ernrrents. as we 11 as all other requ11errcn!s or law. Unless otherwise agreed upon by the parties or prohibited by law, Custon-er shall be requi1ed to obtain all necessary and required perrrnts lo allow lhe corrmencernenl of the Services on the property
•I. Taxes: Contra~or agrees to pay all applicable taxes, including sales or General Excise Tax (GET). where applicable

5. Insurance. Contractor agrees to provide General Llab1lity Insurance, Automohve L1ab1ll1y Insurance. Worker's Compensation Insurance, and any other insurance required by law or Custon-er, as s~ccf!ed in wr111ng pnor to commencer-rent of work If not specified, Contrac1or w1U furrnsh msurancew1th Sl.OO0JIDlimitof liability.

6. Liabt1ty· Contractor shall not be lmb!e ror any damage that occurs from Acts or God defined as extren-e weather conditions, lire, earthquake. etc and rules, regulations or res1rici1ons 1rrp::ised by acy governrren! or governmental agency, nallonal or regional en-er~ncy, epidemic, p,:,ndem1c, health related outbreak or other medical events not caused by one or other delays or failure of perforrmnce beyond the coITTT1erc1ally reasonable control of either pany. Under these circurretarces, Con:r ac\or shall have the right to renegotiate the terms and prices of this Contract within sixty (60) days

7. Any 1Hegal trespass, claims and/or damages resulting from work requested that is rot on property owned by Customer or not under Customer nl:1nagement and control shall be the sole respons1b1hty of the Customer
x. Sutcontractors. Contractor reserves the right to hire qualified suL--contractors to perform specialized functions or work requiring specia!tzed equipment lJ. Additional Serv1ces. Any additional work not shown in the above specif1catrons involving ex1ra costs will be executed only upon signed written orders, and will become an extra charge over and aL'Ove the estimate

10. Access to . ..'obs1te. Customer shall provide all utilities to perform the work Custorner shall furnish access 10 all pans of jobs1te where Contractor is to perform work as required by the Contract or other functions re 1 ate d !hereto, during normal business hours and o!her reasonable periods al tirre. Contractor ,,.;11 perform the work as reasonably practical aner the Customer makes tile site available for performance of the work

11. Payment Terms: Upon signing this Agreement, Custorrer shall pay Conlraclor 50% of the Prop,sed Price and the remaining bal,mce shall be paid by Customer to Contraclor up,n completion of the project unless other.vise, agreed to in wriiing I:!. Term1nat1on: This Work Oider rray be termnated by the either party with or without cause, u!X)n seven (7) workdays advance wnl!en notice. Customer will be required to pay ror all rraterials purchased and work corrp!ete lo the date ofterm1nat1on and reasonable charges incurred 1n denubihzmg.

IJ. 1\ss1gnmem. The Custorrer and the Contractor respec1ively, bind themselves. their partners, successors, assignees and legal representative to !he other party \'lllh respect to all covenants of this Agreement Neither the Custorrer nor the Contractor shall assign or transfer any 1nte1cst 1nth1s Agreenent without 1he ,vr1tten consent of the other provided, ho\'."ever, that consent shall not be required to assign this Agreerrenl to any conl)any which controls, IS cortrolled by, or 1s under conman conllol with Contractor Of 1n connection with assignment to an a"1llate or pursuant to a merger, sale al all or substantially al! of its assets or equity securities. consolidation, change of control or corporate reorgarnzation
1-1. Disclaurer. This proposal was es111nated and prced based upon a site v1s11 and visual 1nspect1on from g1ound leve! using ordinary means, at or about the time this proposal was prepared The price quoted in 1h1s proposal f o r the work described, 1s the result of that ground level visual inspection and thererore our con'l)any will not be liable for any additional costs or damages for additional work not described he1eln, or liable for any 1nc1dents/acc1den!s rcsutr1ng rrom conditions, that were not ascertainable by said ground level visual inspection ty ordinary means at the time said inspection ','laS performed Contractor cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed t1ere1n cannot guarantee exact results Professional engineering, architectural, and/or landscape design sel'V\ces ("Design Services") are not 1rc\uded ,n this Agreement and shall not be provided by the Contractor Any design defects in lhe Con!ract Docun-ents are the sole responsibility of tile Customer If the Custorrer must engage a licensed engineer, archited and/or landscape design professional. any costs concerning these Design Services arc to be paid by the CuSl.orrer direc1ty to the desgner involved
19 of 24
15 Cancellation: Notice of Cancellation of work ITT..Jst be received 1n wr1t1ng before lhe crew is dispatched to their location or Customer .viii be liable ror a minimum travel charge of S150 00 and billed to Customer
The following sections sha!l apply where Contractor provides Customer with tree care services:

I(,. Tree & Stun-p Rerroval. Trees removed ,viii be cut as close to tile ground as pcss1ble based on cond1tiors to or next to the bottom or the tree trunk. Add11tonal charges will be le\~ed for unseen hazards sucl1 as, but not lirnted to concrete brick filled trunks, metal rods, etc If requested ,nechanical grinding of visible tree stump w1II be done to a defined \'lldlh and depth below ground level at an additional charge lo the Custorrer Defined backfill and landscape material may be specified Custorrer shall be respons1b!e for contacting the appropriate underground ut1lrt.y locator company to locate and mark underground Ulillty lines prior to start ol •,11ork Cortractor is not responsible damage done to unde1ground utilities su:h as blA. not limited to, cables, wires, pipes, and irrigatbn parts Cortractor will repair damaged irrigation lines at the Custorrer's expense

17. Wa1ve.r of L1ab111ty. Requests for crown thinning in excess or twenty.five percent (25%) or work not in accordance with ISA (international Society of Arborrcultural) standards v,,11 require a signed waiver of tiab111ty
Accer.tance of this Contract
By executing tt11s document Cuslomer agrees to the rormat1on of a b1nd1ng contract and to the terms and conditions set forth herein. Custorrer represents that Contractor is aulhorized lo perform the work stated on the face ol this Contract. Ir paym;nt has not been received by Contractor per payment terms hereunder, Contractor shall be enlitled to all cos!s of collection, 1nc!ud1ng reasonable anorneys· fees and 1\ shall be relieved of any obliga11on to cor:t1nue performance under this or an; other Contract with Custorrer. Interest at a per annum rate al

1.5% per month (18% per year), or the highest rate perm1\led b/ law, n\3y be charged on unpaid balance 15 days after billing
NOTICE: FAILUKE TO MAKE PAYMENT WHEN DUE FOR COMF\.ETED WORK ON

CONSTRUCTION JOBS MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR rnoPERTY
CusiOnier
Frank Quijada
Printed Name
Title
Date
Park & Trail Area Manager
March 13, 2026
BrightVlew Landscape Services, Inc. "Contractor"
Alejandro Mojarro Mercado
Pnnled f,JJme
Job#:

SO#:
473302009
8871732
Associate Account Manager
Title
March 13, 2026
Date
Proposed Price: $219,816.88
April 7, 2026, Item #5
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

The
appointment
may
not
be
placed
on
a
consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources
. The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if abuses
of
the
system
occur.

If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a
consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.

California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a
consent
calendar.

April 7, 2026, Item #5
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11(SB13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
22 of 24
April 7, 2026, Item #5

GUARANTY
To the City of Poway, City Council, for:

STARRIDGE PARK TURF AND PATH IMPROVEMENT
The undersigned guarantees the work included in this project(s).

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.

Contractor
Date
23 of24
April 7, 2026, Item #5

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
24 of24
April 7, 2026, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
April 7, 2026
Honorable Mayor and Members of the City Co~il
Eric Heidemann, Director of Public Works ti./'

CITY COUNCIL
Stephen Jackson, Assistant Director of Publi~ff orks for Maintenance Operations (858) 668-4705 or [email protected] <f(;f
Award of Agreement to SCA of CA, LLC for Street Sweeping Services The City of Poway (City) participates in and is a member of several cooperative purchasing organizations, including Sourcewell, formally known as National Joint Powers Alliance (NJPA), which establish and provide nationwide competitively solicited purchasing contracts to be utilized by member agencies. For efficiency and optimal pricing, it is recommended the City enter into an agreement with SCA of CA, LLC (SCA) for street sweeping services utilizing an existing Agreement that was competitively bid by the City of El Cajon. Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative purchasing agreements for the procurement of supplies, services or equipment. The length of the Agreement shall be for two (2) years beginning July 1, 2026, through June 30, 2028, which is in line with the existing cooperative purchasing agreement. The Agreement may be extended through a total of one (1) separate one-year term.

Recommended Action:

It is recommended the City Council award the Agreement for street sweeping services to SCA of CA, LLC in the amount of $631,821.72 and authorize the City Manager to execute the necessary documents.

Discussion:

The City is responsible for the sweeping of 376 miles of residential and commercial curbs, center islands, medians, and centerlines, as well as 720,416 square feet of City maintained parking lots. Every public residential and commercial street in the City is swept on a regular schedule. Street sweeping removes dirt and debris from public streets, prevents blockages in storm drain inlets, and reduces pollutants in nearby creeks and streams. Additionally, sweeping helps protect our water quality by preventing oil, metals, and other debris from entering the watershed. 1 of59
April 7, 2026, Item #6
The City has maintained an Agreement with SCA for the past 26 years and is satisfied with the quality of their services. SCA has consistently met the City's maintenance standards. The current street sweeping services Agreement expires on June 30, 2026. To ensure the continuation of these services, staff recommends entering into a new Agreement with SCA by utilizing an existing Agreement with the City of El Cajon. The total cost of the new Agreement has increased significantly from $324,850 to $631,821.72. This change is due to updates in applicable law requiring the payment of prevailing wage for street sweeping services, which have raised the market baseline in the San Diego area. Despite this increase, the pricing remains within market rates. Staff also reviewed and compared contract pricing from other municipalities, further supporting that the proposed costs are consistent with regional trends and fair for the level of service provided. The length of the proposed Agreement shall be for two (2) years, beginning July 1, 2026, through June 30, 2028. The Agreement may be extended subject to City Council appropriation of funds for one (1) additional one-year term. The maximum length of the Agreement would be three (3) years.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA).

Fiscal Impact:

This agreement is subject to approval of the Fiscal Year (FY) 2027 budget. Funding for the agreement will be included in the Streets Maintenance Divisions, Street Sweeping account (411040-43320), in the proposed FY 2027 budget, in the amount of $631,821.72, and is subject to Council approval through the annual budget adoption process.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
2 of59
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
April 7, 2026, Item #6
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
1st
day
of
July,
2026,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
SCA
of
CA,
LLC,
a
Delaware
limited
liability
company
("the
Contractor").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
for
providing
Street
Sweeping
Services;

WHEREAS,
Contractor
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
and

WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.

NOW,

THEREFORE,
IT
IS

MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN

CONTRACTOR
ON
THE

FOLLOWING
TERMS
AND
CONDITIONS:

1. Scope
of
Services.

Contractor
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

2. Compensation
and
Reimbursement.

City
shall
compensate
and
reimburse
Contractor
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

3. Term
of
Agreement.

The
term
of
this
Agreement
shall
be
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.

Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Contractor.

During
said
60-day
period
Contractor
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.

Termination
for
cause
shall
be
effected
by
3 of59

ATTACHMENT
A
April 7, 2026, Item #6
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

6. Office Space and Clerical Support.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

8. Ownership of Documents.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
5 of59
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item; and

April 7, 2026, Item #6
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

Department Director

10. No Assignments.

11. Maintenance of Records.

12. Independent Contractor.

13. Licenses, Permits, Etc.

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
7 of 59
April 7, 2026, Item #6
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section

15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

17. Contractor Not an Agent.

Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
8 of 59
April 7, 2026, Item #6

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.

22. Counterparts.

23. Entire Agreement.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
10 of 59
April 7, 2026, Item #6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------
Alan Fenstermacher, City Attorney
11 of 59
SCA of CA, LLC
By:------------
Brad Becker, VP
April 7, 2026, Item #6
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
A.

Scope
of
Services.

Contractor
agrees
to
perform
Street
Sweeping
Services
as
required
by
City,
further
described
in
the
Agreement,
which
is
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein.

Contractor
shall
provide
the
necessary
qualified
personnel
to
perform
the
services.

The
City
reserves
the
right
to
modify
the
location
and
tasks
as
deemed
necessary
to
accommodate
the
evolving
needs
of
the
city
parks
.

Compensation
and
Reimbursement.

City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
in
writing
on
March
4,
2026,
which
is
included
in
this
document
as
Attachment

2. Contractor's
fee
shall
include,
and
Contractor
shall
be
responsible
for
the
payment
of
all
federal,
state,
and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received.

Contractor
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.

All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25
.00).

Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.

All
air
travel
shall
be
billed
at
coach
or
special
fare
rates.

Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.

Contractor
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses.

All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred.

Term
of
Agreement.

This
Agreement
shall
be
effective
from
the
period
commencing
July
1,
2026,
and
ending
June
30,
2028,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
This
Agreement
may
be
extended
for
up
to
one
(1)
additional
one-year
periods
upon
approval
in
writing
of
the
City
Manager
and
Contractor.

Award
of
the
Agreement
and
any
Agreement
extensions
are
subject
to
City
Council
appropriation
of
funds.

Each
renewal
period
(fiscal)
after
the
first
term
of
the
agreement,
the
Contractor's
costs
shall
be
adjusted
based
on
the
annual
change
in
the
previous
calendar
year's
Consumer
Price
Index for
the
San
Diego-Carlsbad
area
(All
Urban
Consumers
CPI-U)
or
5%,
whichever
is
less.

The
first
adjustment
would
occur
no
earlier
than
July
1,
2028.

Upon
expiration
or
termination
of
this
Agreement,
Contractor
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Contractor
received
from
City
or
produced
for
City
for the
purposes
of
this
Agreement. 12
of
59 April 7, 2026, Item #6
D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

3. Insurance Certificates:

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 9207 4
SCA of CA, LLC
4141 Rockside Road Suite 100
Seven Hills, OH 44131
(Remainder of page intentionally left blank)
April 7, 2026, Item #6
ATTACHMENT 1
September 6, 2024
SCA of CA, LLC
Attn: Katy Beyerle, Director of Compliance
4141 Rockside Road, Suite 100
Seven Hills, OH 44131
Re: Street Sweeping Services for the Cities of El Cajon, Del Mar & Solana Beach
Bid No. 006-25
City Clerk
Enclosed is a copy of the fully executed Public Works Contract between the City of El Cajon and SCA of CA, LLC., for the above-noted project approved by Resolution No. 085- 24 at the El Cajon City Council Meeting of June 11, 2024. The Performance Bond, Labor and Material Bond, Certification by Contractor/Non-Collusion Affidavit for Principal Contractor are on file in this office.

Your Certificate of Insurance has been approved and must remain current until all bonds on this project have been released. The policy expiration date listed on the certificate is 06/01/2025. It is your responsibility to post a new certificate of insurance with this office prior to that date.

If you have any questions concerning this matter, please do not hesitate to contact us at (619) 441-1763.
rtnga~
~ LCCortez, CMC
City Clerk
Enclosure
Electronic cc: Public Works Operations Department
Purchasing
06/11/24 -Item 1 O
15 of 59
City of EI Cajon• 200 Civic Center Way• El Cajon, CA 92020 (619) 4-41-1763 • Fax (619) 441-1537
www.cityofelcajo11.11s
April 7, 2026, Item #6

PUBLIC WORKS CONTRACT BETWEEN

THE CITY OF EL CAJON AND

SCA OF CA, LLC
(Bid No. 006-25)
This CONTRACT is entered into this /p-fk_ day of Sep-t,M.k>t/' , 2024, by and between the CITY OF EL CAJON, a California charter city and municipal corporation ("ClTY"), and SCA of CA, LLC, a Delaware limited liability company ("CONTRACTOR").

1. CONSIDERATION.
a. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below.
b. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this CONTRACT.
c. As additional consideration, CITY agrees to pay CONTRACTOR the sum of an amount not to exceed SIX HUNDRED TWO THOUSAND TWENTY-FOUR DOLLARS AND TWO CENTS ($602,024.02) as its share of the three-city cooperative total amount of SEVEN HUNDRED TEN THOUSAND FIVE HUNDRED SEVENTY-SEVEN DOLLARS AND TWENTY CENTS ($710,577.20) for full performance of the work listed in the SCOPE OF SERVICES, unless otherwise agreed to between the parties by written agreement. The approximate sum is based on the total cost of the various items as determined by multiplying the estimated units by the unit bid price, as set forth by CONTRACTOR in the Bidder's Proposal for the work of this CONTRACT, and as accepted by CITY in the Award of CONTRACT. The actual CONTRACT amount will be based upon the actual units completed at the unit bid price, all as set forth in Section 29, ENTIRE CONTRACT.

2. SCOPE OF SERVICES.
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a. CONTRACTOR will perform services specified in that certain "Invitation to Bid for Street Sweeping Services for the Cities of El Cajon, Del Mar, and Solana Beach, Bid Number: 006-25," together with all Addenda, Appendices, policies and reports contained therein, (the "Specifications") on file with CITY's City Clerk, which is incorporated herein as if fully set forth.
b. The work to be performed pursuant to this CONTRACT shall occur for the purpose of street sweeping services in the City of El Cajon, California. c. CONTRACTOR shall at its own cost and expense, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, tools, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perfonn and complete the work and provide the services required of CONTRACTOR by this CONTRACT.

April 7, 2026, Item #6

3. PROJECT COORDINATION AND SUPERVISION. The Interim Director of Public Works Operations, currently David Richards, is designated as CITY's PROJECT COORDINATOR and will monitor the progress and execution of this CONTRACT.

CONTRACTOR's Director of Compliance, currently Katy Beyerle, is designated as CONTRACTOR's PROJECT MANAGER and will provide supervision and have overall responsibility for the progress and execution of this CONTRACT.

4. EFFECT OF ACCEPTANCE. CITY's review or acceptance of, or payment for, work perfonned by CONTRACTOR under this CONTRACT shall not be construed to operate as a waiver of any rights CITY may have under this CONTRACT or of any cause of action arising from CONTRACTOR's performance.

5. CERTIFICATION.
a. CITY shall provide a final certificate of completion and make final payment to CONTRACTOR upon satisfactory completion of the work described in Section 2 and satisfaction or release of any validly presented stop notice claims. Such certificate and payment shall be the only conclusive evidence of CONTRACT perfonnance, either in whole or in part, against any CITY claim, and no payment shall be construed to be acceptance of any defective work or improper materials. b. CONTRACTOR agrees that its acceptance of the mutually agreed upon final amount due under the CONTRACT, and payment for work done pursuant to project alterations, shall release CITY, its agents, employees, or representatives, from any claim or liability for the cost of work performed pursuant to this CONTRACT, including overhead and profit.

6. TERM.
a. Unless otherwise determined by written amendment between the parties, this CONTRACT shall terminate in the following instances:
i. Completion of the work specified in the Specifications as determined by CITY upon issuance of a final certificate of completion and final payment; ii. One (1) year, unless extended under Section 7; or
iii. Termination as stated in Section 8.
b. Should CONTRACTOR begin work on any phase in advance of receiving written authorization to proceed, any such services are at CONTRACTOR's own risk. c. The initial term of this CONTRACT shall be from July 1, 2024 through June 30, 2025.

The parties may mutually agree to renew from year to year thereafter for four (4) additional one-year periods unless earlier terminated.

7. TIME EXTENSIONS. Should CONTRACTOR be delayed by causes beyond CONTRACTOR's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONTRACTOR must notify CITY's PROJECT COORDINATOR within forty-eight (48) hours, in writing, of the cause and the extent of the delay and whether such delay interferes with the item's critical path schedule by extending the item beyond the scheduled late completion date. The PROJECT COORDINATOR will extend the completion time, when appropriate, for the completion of the contracted services. 2 17 of 59
April 7, 2026, Item #6

8. TERMINATION.
a. CITY may terminate this CONTRACT at any time, and this CONTRACT shall terminate if at any time funds are no longer appropriated for the work to be performed by CONTRACTOR. Notice will be in writing at least ten (I 0) days before the effective termination date. If CITY terminates the CONTRACT, it will pay CONTRACTOR for all effort and material expended under the terms of this CONTRACT, up to the date of notice.
b. Subject to Section 9, below, CONTRACTOR may terminate this CONTRACT at any time with CITY's mutual consent. Notice will be in writing at least fifteen (15) days before the effective termination date.
c. Subject to Section 9, below, if CONTRACTOR fails to properly perform its obligations in a timely manner due to any cause, or if CONTRACTOR violates any part of this CONTRACT, CITY shall have the right to terminate this CONTRACT. Notice will be in writing at least fifteen (15) days before the effective termination date. Should this occur, all finished or unfinished documents, data, studies, surveys, drawing, maps, reports and other materials prepared by CONTRACTOR shall, at CITY's option, become CITY's property, and CONTRACTOR shall receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1 ( c ). d. Should the CONTRACT be terminated pursuant to this section, CITY may procure on its own terms services similar to those terminated.
e. By executing this document, CONTRACTOR waives any and all claims for damages that might othe1wise arise from CITY's termination under this section.

9. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party shall be deemed to be in breach of this CONTRACT based on a breach that is capable of being cured until after it has received written notice of the breach from the other party. The party charged with breach shall have ten (10) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that this CONTRACT was breached have not ~een cured or explained to the satisfaction of the other party within ten ( I 0) days from the date on which the party received notice of breach, the non-breaching party may terminate this CONTRACT.

10. DISCOVERY OF LATENT OR UNKNOWN PHYSICAL CONDITIONS. In the event that this CONTRACT involves digging trenches or other excavations that extend deeper than four feet below the surface, the following provisions apply:
18 of 59
a. CONTRACTOR shall promptly, and before the following conditions are disturbed, notify CITY, in writing, of any:
i. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in section 25127 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
ii. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

J
April 7, 2026, Item #6
♦
iii. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the CONTRACT. b. CITY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in CONTRACTOR's cost ot: or the time required for, performance of any part of the work shall issue a change order under the procedures described below. c. In the event that a dispute arises between CITY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided for herein, but shall proceed with all work to be performed under this CONTRACT.

CONTRACTOR shall retain any and all rights provided either by this CONTRACT or by law that pertain to the resolution of disputes and protests between the parties.

11. CHANGES. CITY may order changes in the Scope of Services within the general scope of this CONTRACT consisting of additions, deletions, or other revisions. The CONTRACT amount and time shall be adjusted to reflect any such change. All such changes shall be authorized in writing and executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services shall be determined in accordance with the procedure described in Section 12, below.

12. COMPENSATION FOR CHANGES. CONTRACTOR shall seek compensation for any change made pursuant to Sections 10 and 11, in the following manner:
19 of 59
a. CONTRACTOR shall submit a written claim for compensation in the form of a lump sum proposal (unless otherwise requested) with an itemized breakdown of all increases or decreases in the cost ofCONTRACTOR's and all subcontractors' work. Any or all of the following detail may be required by CITY:
i. Material quantities and unit costs;
ii. Labor costs (identified with specific item of material to be placed or operation to be performed);
iii. Construction equipment;
iv. Workers' Compensation and Public Liability Insurance; v. General and field overhead;
vi. Profit; and
vii. Employment taxes.
b. The overhead and profit percentages included in the proposal shall not exceed the maximums given in subsection (c), and shall be considered to include, without limitation, insurance other than that mentioned in this section, bond or bonds, use of small tools, incidental job burdens, and general office expense. No percentages for overhead or profit shal I be negotiated and may vary according to the nature, extent, and complexity of the work involved. Not more than three percentages, not to exceed the maximum in subsection ( c ), will be allowed regardless of the number of subcontractors; that is, any markup of subcontractor's work is limited to one overhead percentage and one profit percentage in addition to CONTRACTOR's percentage. Only the net change will be calculated in proposals covering both increases and decreases in the CONTRACT amount.
4 April 7, 2026, Item #6
c. Overhead and profit will be added to the direct cost decrease for proposals that decrease the CONTRACT amount. Overhead and profit will each be limited to ten percent (10%) of the total sum of proposed changes for work performed by CONTRACTOR and its subcontractors.
d. Any request for a time extension will be included with CONTRACTOR's proposal. e. CITY shall consider CONTRACTOR's proposal in detail, utilizing unit prices where specified or agreed upon for calculating CONTRACTOR's estimates, to determine equitable compensation.
f. After receiving CONTRACTOR's detailed proposal, the PROJECT COORDINATOR shall promptly review and take action on it. When the immediate need to proceed with a change, as indicated through written communication by CONTRACTOR to CITY or reasonably apparent to CITY, allows insufficient time to review a proposal, or should the parties fail to reach an agreement regarding a proposal, CITY may direct CONTRACTOR in writing to proceed on the basis of a price determined at the earliest practicable date but not more than the increase or less than the decrease proposed by CONTRACTOR.
g. Any claim for compensation due to Differing Site Conditions, as defined by the Greenbook, is subject to and shall be in accordance with the requirements and limitations set forth in subsections (a) through (g) of this Section 12. All other claims for compensation submitted by CONTRACTOR under this CONTRACT shall be subject to the requirements and limitations of subsections (a) through (c) of this Section

12. h. Upon written request by the PROJECT COORDINATOR, CONTRACTOR shall submit a proposal, in accordance with the requirements and limitations set out in subsections (a) through (g) of this Section 12, for work involving contemplated changes covered by request, within the time limit indicated in the request or any extension of such time limit that may be subsequently granted. If, within a reasonable time after receiving CONTRACTOR's proposal, the PROJECT COORDINATOR directs CONTRACTOR to proceed with performing the proposed work, the proposal shall constitute CONTRACTOR' s claim for compensation.

1. CONTRACTOR understands that project changes in excess of $100,000 must be approved by CITY's City Council. Such approval may occur only during regularly scheduled City Council meetings that occur twice a month.

13. DELAY DAMAGES. Should CITY delay CONTRACTOR through the willful or negligent failure to perform duties assigned to it by this CONTRACT or law, CONTRACTOR may be entitled to time extensions, compensation, or both. Should such delay occur CONTRACTOR shall inform CITY, pursuant to the procedure in Section 7, regarding how CITY caused, and why it is responsible for, such delay. CITY will follow the procedure in Section 7 for granting a time extension. Any damages resulting from such delay will be calculated by CITY's PROJECT COORDINATOR by dividing the CONTRACT amount by the CONTRACT time (including time extensions, if any) and multiplying that sum by fifteen percent (15%). This sum shall be the daily delay damages to which CONTRACTOR may be entitled. Office overhead and profit shall be included in this calculation. No other formula, e.g., the Eichleay or other method, shall be used to calculate daily damages for office overhead, profit, or other purported loss. Under no circumstances will CITY pay CONTRACTOR compensation for any alleged delay that does not extend beyond the CONTRACT completion date determined in Section 6(a)(ii). 5 20 of 59
April 7, 2026, Item #6

14. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONTRACTOR under this CONTRACT shall be considered CITY's property. CONTRACTOR may retain copies of said documents and materials as desired, but shall deliver all original materials to CITY upon CITY's written notice.

15. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this CONTRACT, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this CONTRACT shall be released by CONTRACTOR to any other person or agency without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, shall be approved and distributed solety by CITY, unless otherwise provided by written contract between the parties. After project completion, CONTRACTOR may list the project and the general details in its promotional materials.

16. ST AND ARD PROVISIONS. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, or national origin, nor shall CONTRACTOR discriminate against any qualified individual with a disability. CONTRACTOR will take affinnative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation or national origin and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non discrimination clause.

17. PAYROLL RECORDS; PAYMENT OF PREVAILING WAGES; CALIFORNIA LABOR CODE.
21 of 59
a. CONTRACTOR will comply with Cal. Labor Code section 1776, and related provisions, relating to the maintenance, certification, and inspection of accurate payroll records for all persons CONTRACTOR, or its subcontractors, employs for the work in this CONTRACT.
b. CONTRACTOR shall strictly adhere to the Cal. Labor Code provisions regarding minimum wage, the eight (8) hour day and forty (40) hour week, overtime, weekend and holiday work and the provisions of Cal. Labor Code section 1777.5 relating to apprentices. CONTRACTOR is required to secure the payment of employee compensation in accordance with Cal. Labor Code section 3700. CONTRACTOR will also comply with the requirement for the payment of overtime prescribed by Cal. Labor Code section 1815.
c. CONTRACTOR shall forfeit to CITY the penalties prescribed in Cal. Labor Code sections 1776, 1777.7, 1813, and related sections, for any violations. d. CONTRACTOR, and all subcontractors hired by CONTRACTOR, will comply with Cal. Labor Code section 1771 and pay the general rate of per diem wages for each craft, classification or type of worker needed to perform the work under this CONTRACT as specified in section 29(b )(ix) of this CONTRACT, copies of which are on file at El Cajon City Hall.
6 April 7, 2026, Item #6

18. SOLICJTATION. COt--;TRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR's bonafide employee, to solicit or secure this CONTRACT. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR's bonafide employee, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this CONTRACT. Should CONTRACTOR breach or violate this warranty, CITY may rescind this CONTRACT without liability.

19. HOLDHARMLESS.
22 of 59
a. CONTRACTOR shall release, defend (with counsel satisfactory to CITY), indemnify and hold CITY and CITY's elected and appointed officers, officials, agents, employees and volunteers (each, an "lndemnitee," and collectively, the "Indemnitees") hannless from and against any and all liability, claims, damages, costs, and expense for loss of or damage to property and for injuries to or death of any person arising from, relating to, or resulting from:
i. Any work performed by CONTRACTOR pursuant to this CONTRACT; ii. Any materials furnished at the instance or request of CONTRACTOR or any agent or employee of CONTRACTOR;
iii. Default under this CONTRACT by CONTRACTOR, or by any agent or employee of CONTRACTOR, or failure by CONTRACTOR or any agent or employee of CONTRACTOR to comply with any requirement of Law. b. Upon written notice from CITY, CONTRACTOR agrees to assume the defense of any lawsuit, administrative action, or other proceeding brought against CITY by any public body, individual, partnership, corporation, or other legal entity relating to any matter covered by this CONTRACT for which CONTRACTOR has an obligation to assume liability for and/or to indemnify and hold harmless CITY. CONTRACTOR shall pay all the costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments.

It is expressly understood and agreed that the foregoing provisions shall survive the termination of this CONTRACT.
c. CONTRACTOR shall further indemnify, defend and hold harmless Indemnitees from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, administrative proceedings, damages, tines, penalties, judgments, orders, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements, arising out of any violation, or claim of violation of the City of El Cajon Storm Water Program (El Cajon Municipal Code, Chapter 13. IO and Chapter 16.60) (as adopted and as may be amended from time to time), which CITY might suffer, incur, or become subject by reason of or occurring as a result of or allegedly caused by the performance of any work under this CONTRACT.
d. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 23 below, and any approval of said insurance by CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this CONTRACT, including but not limited to the provisions concerning indemnification. 7 April 7, 2026, Item #6

20. ASSIGNABILITY. This CONTRACT shall not be assigned by either party without the prior written approval of the other.

21. INDEPENDENT CONTRACTOR. CONTRACTOR, its employees and agents, shall be independent contractors and are not considered CITY's agents.

22. AUDIT OF RECORDS. At any time during normal business hours and as often as may be deemed necessary CONTRACTOR shall make available to a representative of CITY for examination all of its records with respect to all matters covered by this CONTRACT and will permit CITY to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial and program service records for at least four (4) years after termination or final payment under this CONTRACT, whichever shall first occur.

23. INSURANCE/WORKERS' COMPENSATION.
a. CONTRACTOR agrees to obtain and maintain in full force and effect, during the term of this CONTRACT, commercial general liability insurance of not less than $2,000,000. Such insurance policy shall comply with El Cajon City Council Policy D- 3, which is attached hereto as Attachment "A" and made a part of this CONTRACT. If there is any conflict between Attachment
11 A
11 and this Section 23, the terms of
Attachment "A" shall apply. All insurance policies shall be subject to approval by CITY as to fonn and content.
b. CONTRACTOR shall furnish properly executed endorsements and certificates of insurance to CITY prior to commencement of services under this CONTRACT. Such endorsements and certificates shall:
i. Clearly evidence all coverages required above, including specific evidence of a separate endorsement naming CITY as an additional named insured; ii. Indicate whether coverage provided is on claims-made or occurrence basis; and iii. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on ten ( 10) days prior written notice, via certified mail to CITY.
iv. CONTRACTOR agrees to provide CITY with copies of all required policies upon request.
c. CONTRACTOR shall provide endorsement pages for the duration of the ongoing work and completed work, or a form that covers both, specifically naming the CITY as additional insured, to include the following language:
11 City of El Cajon, its elected
and appointed officials, officers, employees and volunteers," with the policy number listed.
d. CONTRACTOR shall maintain Workers' Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

24. CLAIMS. The following is a summary of Public Contract Code section 9204 and shall be the procedures that CITY and CONTRACTOR shall follow for the handling of claims (as defined in section 9204 and below):
23 of 59
a. Notwithstanding the foregoing, and notwithstanding any other law, including Public Contract Code section 20104, any separate demand by CONTRACTOR, sent to CITY 8 April 7, 2026, Item #6
24 of 59
by registered mail or certified mail with return receipt requested, for any one or more of the following:

1. A time extension, including, but not limited to, for relief from damages or penalties for delay assessed by CITY under this CONTRACT; or ii. Payment by CITY of money or damages arising from work done by, or on behalf of, CONTRACTOR (or, as provided in subsection G), below, by CONTRACTOR on behalf of a subcontractor or a lower tier subcontractor) pursuant to this CONTRACT, and where payment for which is not otherwise expressly provided herein or to which CONTRACTOR is not otherwise entitled ("Claim"), shall be processed as set forth in this Section 24. b. Upon the receipt of a Claim, CITY shall conduct a reasonable review of the Claim and within a period not to exceed forty-five (45) days, shall provide CONTRACTOR with a written statement identifying what portion of the Claim is disputed and what portion of the Claim is undisputed. Upon the receipt of a Claim CITY, through the City Manager, and CONTRACTOR may, by mutual agreement, extend the time period provide in this subsection (b ).
c. As a condition precedent to the Claim, CONTRACTOR must include reasonable documentation to support its Claim.
d. CITY's response to the Claim must be approved by its City Council. If the City Council will not meet within the initial forty-five (45) days or any extension mutually agreed upon between CITY's City Manager and CONTRACTOR as permitted by subsection (b), above, CITY shall have up to three (3) days following the next duly publicly noticed meeting of the City Council after the forty-five ( 45) day period, or extension, expires to provide CONTRACTOR with a written statement identifying the disputed portion and the undisputed portion.
e. Payment due on any undisputed portion of the Claim shall be processed and made within sixty (60) days following the issuance of the written statement required in subsection (d). If CITY fails to issue a written statement the provisions of subsection (h), below, shall apply.
f. If CONTRACTOR disputes CITY's written response, or if CITY fails to respond to the Claim within the time prescribed by this Section 24, CONTRACTOR may demand in writing an infonnal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a written demand for meet and confer, sent by registered mail or certified mail, return receipt requested, CITY shall schedule a meet and confer conference in El Cajon, California, to be held within thirty (30) days. g. Within ten (IO) business days following the conclusion of the meet and confer conference, if the Claim or any portion thereof remains in dispute, CITY shall provide CONTRACTOR with a written statement identifying the portion of the Claim that remains in dispute and the portion of the Claim that is undisputed. i. Any payment due on an undisputed portion of the Claim following the meet and confer conference shall be processed and made within sixty (60) days after CITY has issued its written statement required by this subsection (g). ii. Any disputed portion of the Claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation in San Diego County, with CITY and CONTRACTOR sharing the costs of mediation (i.e., the costs charged by the mediator) equally. CITY and CONTRACTOR shall mutually agree to a mediator within ten (I 0) business days after the disputed portion of the Claim has been identified by CITY as required by this subsection (g). If CITY and 9 April 7, 2026, Item #6
CONTRACTOR fail to agree upon a mediator, each paa1y shall select a mediator, and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim.

I) In the event the mediation is conducted by a qualified neutral third party mediator, selected by the parties' mediators, each party shall bear the fees and costs charged by its selected mediator in connection with the , selection of the neutral mediator. The costs of the neutral mediator shall be shared equally as set forth in subdivision (g)(ii) of this Section 24. 2) For the purposes of this Section 24, mediation includes any non binding process, including, but not limited to, neutral evaluation or a dispute review board (if applicable), in which an independent third party or board assist CITY and CONTRACTOR in dispute resolution through negotiation or the issuance of an evaluation of the Claim. Any mediation utilized shall conform to the timeframes set forth in this Section 24.
3) If mediation is unsuccessful, the portions of the Claim remaining in dispute shall be subject to such other procedures outside of this section, applicable to the Claim.
4) Unless CITY and CONTRACTOR otherwise agree in writing, the mediation conducted pursuant to this subsection (g) shall excuse any further obligation under California Public Contract Code section 20 I 04.4 to mediate after litigation is commenced.
h. Should CITY fail to respond to a Claim within the time periods set forth herein or otherwise meet the time requirements of this Section 24, the Claim shall be deemed rejected in its entirety. A Claim that is deemed denied pursuant to this subsection (h) shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of CONTRACTOR.

1. Any amounts not paid in a timely manner as required by this Section 24 shall bear interest at the rate of seven percent (7%) per annum.

J. Claims of any subcontractor or a lower tier subcontractor, against CITY, which cannot be brought directly against CITY due to lack of privily of CONTRACT, may be presented to CITY by CONTRACTOR on behalf of that claimant. A subcontractor, on his or her own behalf, or on behalf of a lower tier subcontractor must request that CONTRACTOR present the Claim on behalf of the subcontractor. In requesting that CONTRACTOR present his or her Claim, the subcontractor must furnish CONTRACTOR with reasonable documentation to support the Claim. Within forty five (45) days of receipt of this written request CONTRACTOR must notify the subcontractor, in writing, as to whether the Claim was presented to CITY and, if not presented, a statement of the reasons why it was not presented. k. If a Claim is not resolved through negotiation or mediation, a CONTRACTOR or any subcontractor having presented the Claim through this procedure may thereafter seek such remedies as set forth in Sections 25 and 26.

25. MEDIATION. The parties mutually agree that any dispute arising out of or relating to this CONTRACT, or its breach, which cannot be settled by negotiation shall be first submitted to mediation under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration, litigation, or other action.
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April 7, 2026, Item #6

26. ARBITRATION.
a. Claims, disputes and other matters in question between the parties to this CONTRACT. arising out of or relating to this CONTRACT or the breach thereof, are subject to judicial arbitration in accordance with Chapter 2.5 of Title 3 of Part 3 (section I 141.10 el seq.) of the California Code of Civil Procedure unless the parties mutually agree otherwise. No arbitration arising out of or relating to this CONTRACT, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this CONTRACT except by written consent containing a specific reference to this CONTRACT and signed by CONTRACTOR, CITY, and any other person sought to be joined.
b. Any consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with additional person or persons duly consented to by the parties to this CONTRACT shall be specifically enforceable under the prevailing arbitration law.

27. NOTICES. All communications to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows:

CITY
David Richards, Interim Director
City of El Cajon Public Works Operations
1050 Vernon Way
El Cajon, CA 92020
drichards:aJelcajon.gov

CONTRACTOR
Katy Beyerle, Director of Compliance
SCA of CA, LLC
4141 Rockside Road, Suite l 00
Seven Hills, OH 44131
[email protected]
Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above.

28. INTERPRETATION; VENUE. This CONTRACT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Diego, Central Division. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Southern District of California, in San Diego. CONTRACTOR hereby expressly waives any right to remove any action from San Diego County as is otherwise permitted by Code of Civil Procedure section 3 94.

II
26 of 59
April 7, 2026, Item #6

29. ENTIRE CONTRACT.
a. This CONTRACT, its Attachments, and the Documents set forth in subsection (b) sets forth the entire understanding of the parties. There are no other understandings, terms or other contracts expressed or implied, oral or written. b. These Documents are incorporated within this CONTRACT as if fully set forth:
i. Notice Inviting Bids;
ii. Instructions to Bidders;
iii. Bidder's Proposal;
iv. Bid Acceptance;
v. Performance Bond;
vi. Labor and Material Bond;
vii. The edition of the Standard Specifications for Public Works Construction (the "Greenbook") adopted by CITY at the time of CONTRACT award; viii. The "Regional Supplement Amendments" for use in connection with the Standard Specifications;
ix. The General Prevailing Wage Rate of per diem wages as determined by the Director of Industrial Relations;
x. The Non-Collusion Affidavits;
xi. California Public Contract Code§ 20104.50;
xii. All addenda setting forth any modifications or interpretations of these documents.
c. If there is a conflict within this CONTRACT, the order of precedence found in the Greenbook shall apply.

30. SEVERABILITY. If any portion of this CONTRACT is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this CONTRACT shall continue in full force and effect.

31. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this CONTRACT.

32. STATEMENT OF EXPERIENCE. By executing this CONTRACT, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the CONTRACT in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private owners, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed CONTRACT and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

33. RISK. By executing this CONTRACT, CONTRACTOR acknowledges and understands that all work performed pursuant to this CONTRACT involves inherent business risks. Such risks may occur before acceptance or during the progress of work performed for this CONTRACT and may involve damage or losses resulting from, without limitation:
a. Inclement weather;
b. Unforeseen conditions arising during work performance; 12 27 of 59
April 7, 2026, Item #6
c. Suspension or discontinuance of work due to labor disputes, or other reasons; d. Earthquakes and/or floods;
e. Changes in law;
f. Actions by third-parties, including Utility Companies; and g. Other Federal, State, or Local Government actions.

CONTRACTOR is solely responsible for such risk and loss except where this CONTRACT or State law specifies that CITY bears such responsibility.

34. AUTHORITY TO EXECUTE. The person or persons executing this CONTRACT on behalf of CONTRACTOR represents and warrants that he/she/they has/have the authority to so execute this CONTRACT and to bind CONTRACTOR to the perfonnance of its obligations hereunder.

35. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Any such counterpart may be executed by facsimile signature with only verbal confirmation, and when so executed and delivered shall be deemed an original and such counterpart(s) together shall constitute only one original. {Remainier of page inlentional/y left blank}
13 28 of 59
April 7, 2026, Item #6
IN

WITNESS

WHEREOF,
the
parties
hereto
have
executed
this

CONTRACT
the
day
and
year
first
hereinabove
written.

CITY
OF
EL
CAJON,
a
California
charter
city
a~
--
Graham
Mitchell,
City
Manager
'~TT!!coAc2r
__
~
k:,r,.

Cortez,
CMC,
City
Clerk

APPROVED
AS
TO
CONTENT:
~
"z
~. ~
David
Richards,
-k1terim
Director
Public
Works
Operations

APPROVED
AS
TO
FORM:
~
F~
Attorney
29 of
59 SCA
OF
CA,
LLC,
a Delaware
limited
liability
company
License
No.
1107868
Courie:.!
Date·~
.M/Jl/1~
II em
No
.. • ___
-'-"----
Rcsolu1ion
No.
_
_....08..._S-...._4al
_____
_
14 April 7, 2026, Item #6
:---
==========-,,
CITY
OF
EL
CAJON
CITY

COUNCIL
POLICY
SUBJECT:

Insurance
Requirements
REFERENCE:

Adopted
7/26/94,
Amended
11/29/05,
Amended
4/14/15,
Amended
1/12/21 Article
I.

EFFECTIVE
1/12/21
General
Insurance
Requirements
POLICY
D-3
PAGE 1
of
5 All
individuals,
contractors,
agencies,
and
organizations
conducting
business
either
for
the
City
of
El
Cajon
or
pursuant
to
an
ordinance,
resolution,
agreement
or
policy
requiring
the
maintenance
of
liability
insurance
shall
provide
proof
of
liability
insurance
in
compliance
with
this
policy.

Contractors
shall
procure
and
maintain
insurance
for
the
duration
of
the
contract
insuring
against
claims
for
injuries
to
persons
or
damages
to
property
that
may
arise
from
or
in
connections
with
performance
of
the
work
and
results
of
that
work
by
the
contractor,
agents,
representatives,
employees
or
subcontractors.

Maintenance
of
proper
insurance
coverage
is
a
material
term
of
any
contract
with
the
City
and
failure
to
maintain
or
renew
coverage
or
to
provide
evidence
of
renewal
may
be
treated
as
a
material
breach
of
contract. MINIMUM
SCOPE
OF

INSURANCE
Except
as
otherwise
required
by
Articles
II or
Ill
of
this
policy,
the
following
minimum
amounts
of
insurance
are
required:

Commercial
General
Liability
(CGL):

Insurance
Services
Office
(ISO)
Form
CG
00 01
covering
CGL
on
an
"occurrence"
basis,
including
products
and
completed
operations,
property
damage,
bodily
injury
and
personal
&
advertising
injury
with
limits
no
less
than
$1,000,000
per
occurrence.

If
a
general
aggregate
limit
applies,
either
the
general
aggregate
limit
shall
apply
separately
to
this
project/location
(ISO
CG
25 03
05 09
or
25 04 05
09)
or
the
general
aggregate
limit
shall
be
twice
the
required
occurrence
limit.

Workers'
Compensation
: as
required
by
the
State
of
California,
Statutory
Limits.

OTHER

INSURANCE

PROVISIONS
Additional
Insured
Status
The
City
of
El
Cajon,
and
its
elected
and
appointed
officials,
officers,
employees
and
volunteers
are
to
be
covered
as
additionally
insureds
on
the
CGL
policy
with
respect
to
liability
arising
out
of
work
or
operations
performed
by
or
on
behalf
of
the
Contractor
including
materials,
parts
or
equipment
furnished
in
connection
with
such
work
or
operations.

If
the
contract
involves
the
El
Cajon
Housing
Authority,
the
additional
insured
endorsement
shall
include
both
the
City
and
the
Housing
Authority,
with
appropriate
modifications
to
pronouns.

General
liability
coverage
can
be
provided
in
the
form
of
an
endorsement
to
the
Contractor's
insurance.

Acceptable
endorsements
must
be
as
broad
as
the
most
recent
version(s)
of
ISO
Form(s):
30 of
59 I

ATTACHMENT
"A"
I
April 7, 2026, Item #6
CITY
OF
EL
CAJON
CITY

COUNCIL
POLICY
SUBJECT:

Insurance
Requirements
(Policy
0-3)
o
CG
20 10
(ongoing
operations)
and/or
PAGE 2
of
5 •
CG
20 37
(completed
operations)
or
Form
CG
20 10
11 85
(ongoing
and
completed
operations)
Additional
Insured
endorsements
are
not
required
for
workers'
compensation
and
professional
liability
policies.

Primary
Coverage
For
any
claims
related
to
contracts,
the
Contractor's
insurance
coverage
shall
be
primary
insurance
coverage
at
least
as
broad
as
ISO
CG
20 01
04 13
as
respects
to
the
City
of
El
Cajon,
and
its
elected
and
appointed
officials,
officers,
employees
and
volunteers.

Any
insurance
or
self
insurance
maintained
by
the
City,
its
elected
and
appointed
officials,
officers,
employees
and
volunteers
shall
be
excess
of
the
Contractor's
insurance
and
shall
not
contribute
with
it.

Notice
of
Cancellation
Each
insurance
policy
required
shall
provide
that
coverage
shall
not
be
canceled,
except
with
not
less
than
10 days'
written
notice
to
the
City
of
El
Cajon.

Workers'
Compensation
Waiver
of
Subrogation
Contractor
shall
grant
to
the
City
of
El
Cajon
a waiver
of
any
right
to
subrogation
which
any
insurer
of
said
contractor
may
acquire
against
the
City
by
virtue
of
the
payment
of
any
loss
under
such
insurance.

Contractor
agrees
to
obtain
any
endorsement
that
may
be
necessary
to
affect
this
waiver
of
subrogation,
but
this
provision
applies
regardless
of
whether
or
not
the
City
has
received
a
waiver
of
subrogation
endorsement
from
the
insurer
.

Self-Insured
Retentions
Self-insured
retentions
must
be
declared
to
and
approved
by
the
City
of
El
Cajon
. The
City
may
require
the
contractor
to
purchase
coverage
with
a
lower
retention
or
provide
proof
of
ability
to
pay
losses
and
related
investigations,
claim
administration
, and
defense
expenses
within
the
retention. Claims-Made
Policies
If
any
of
the
required
policies
provide
claims-made
coverage
:

1. The
Retroactive
Date
must
be
shown,
and
must
be
before
the
date
of
the
contract
or
the
beginning
of
contract
work.

2. Insurance
must
be
maintained
and
evidence
of
insurance
must
be
provided
for
at
least
five
(5)
years
after
completion
of
the
contract
of
work
.

3. If coverage
is
canceled
or
non-renewed
, and
not
replaced
with
another
claims-made
policy
form
with
a
Retroactive
Date
prior
to
the
contract
effective
date,
the
contractor
must
purchase
"extended
reporting"
coverage
for
a
minimum
of
five
(5)
years
after
completion
of
work.
31 of
59 April 7, 2026, Item #6
CITY
OF
EL
CAJON
CITY

COUNCIL
POLICY
SUBJECT:

Insurance
Requirements
(Policy
D-3)
Admitted
Carrier:

PAGE 3
of
5 Insurance
is
to
be
placed
with
insurers
authorized
to
conduct
business
in
the
State
of
California
with
a
current
AM
Best
rating
of
no
less
than
A-:VII,
unless
otherwise
acceptable
to
the
City
.

Non-Admitted
Carriers:

Exceptions
to
the
"adm'itted"
requirement
may
be
considered
when
a
non-admitted
insurance
carrier
meets
all
other
standards
herein
and
:

1. Is
listed
on
the
current
California
Department
of
Insurance
Lists
of
Approved
Surplus
Line
Insurers
(LASLI),
or

2. Is
a
party
to
a
co-operation
agreement
with
foreign
insurance
regulatory
authorities
acceptable
to
the
City
Manager
or
City
Attorney
(e
.g.

Lloyds
of
London);
a.

Either
the
carrier
or
its
parent
company
has
an
AM
Best's
rating
of
A-,
Class
XII;
b.

Has
ten
years
or
more
experience
in
the
business
of
insurance;
and,
c.

If
applicable,
the
reinsurance
carrier
has
a
qualified
rating.

An
exception
to
the
rating
requirement
may
be
made
for
the
California
State
Compensation
Insurance
Fund
.

VERIFICATION
OF

COVERAGE
Contractor
shall
furnish
the
City
of
El
Cajon
with
certificates
and
amendatory
endorsements
or
copies
of
the
applicable
policy
language
affecting
coverage
required
by
this
clause.

All
certificates
and
endorsements
are
to
be
received
and
approved
by
the
City
before
work
commences.

However,
failure
to
obtain
the
required
documents
prior
to
work
beginning
shall
not
waive
the
Contractor's
responsibility
to
insure
against
City
losses
under
the
contract
nor
their
obligation
to
provide
the
documents.

The
City
reserves
the
right
to
require
and
approve
complete
copies
of
all
required
insurance
policies,
including
certificates
and
endorsements
required
by
these
specifications,
at
any
time.

SPECIAL
RISKS
OR

CIRCUMSTANCES
The
City
of
El
Cajon
reserves
the
right
to
modify
these
requirements,
including
limits,
based
on
the
nature
of
the
risk,
prior
experience,
insurer,
coverage,
or
other
special
circumstances
. The
City
may
also
require
other
policies
(e.g
. Automobile,
Professional
Liability
(Errors
and
Omissions),
Builder's
Risk,
and
Garage
Keepers). ALTERNATIVE
RISK

MANAGEMENT

PRACTICES
Alternative
risk
management
practices,
such
as
self-insurance
, risk
pooling,
risk
retention
groups,
and
other
such
programs,
may
be
accepted
in
lieu
of
commercial
insurance
policies
provided
that
the
coverage
meets
the
requirements
of
this
Policy.

Any
such
alternative
risk
management
practices
must
meet
the
financial
strength
and
surplus
requirements
reflected
by
the
AM
Best's
Ratings
required
of
commercial
insurance
under
this
Policy.
32 of
59 April 7, 2026, Item #6
CITY
OF
EL
CAJON
CITY

COUNCIL
POLICY
SUBJECT:

Insurance
Requirements
(Policy
D-3)
Article
II.

PAGE 4
of
5 Public
Right-of-Way
Insurance
Requirements

MINIMUM
SCOPE
OF

INSURANCE
An
applicant
for
permit(s)
to
do
work
within
the
public
right-of-way
may
establish
satisfactory
proof
of
liability
insurance
in
the
following
manner:
1 .

Contractors Contractors
must
furnish
the
City
with
a
certificate
of
liability
insurance,
which
meets
the
requirements
set
forth
in
Article
I,
above,
and
any
other
City
requirements
contained
in
this
policy.

2. Property
or
Homeowners
Homeowners/Property
owners
requesting
a
permit
to
do
work
within
the
City
rights-of-way
or
easements
immediately
adjacent
to
their
respective
owned
or
occupied
property,
solely
for
the
owner's
personal
benefit,
shall
be
required
to
furnish
the
City
with
a
copy
of
their
homeowner's/property
owner's
liability
insurance
policy,
which
meets
the
requirements
set
forth
in
Article
I, above,
but
with
the
minimum
limits
described
in
subsection
(3)
below
. The
policy
must
be
effective
during
the
entire
period
of the
proposed
work,
plus
two
calendar
years,
and
must
provide
coverage
for
claims
arising
from
the
work
performed,
or
improvements
owned,
by
the
homeowner
in
the
right-of-way
or
easement.

If
the
encroachment
is
ongoing,
annual
proof
of
insurance
shall
be
required.

The
requirements
to
name
the
City
as
an
additional
insured,
and
the
requirement
for
a
policy
for
two
additional
calendar
years,
may
each
be
waived
by
the
City
Council
or
the
City
Manager
or
designee
in
cases
of
extreme
hardship,
in
their
discretion.

3. Property
Owner
I Small
Business
Limits
A
. combined
single
limit
policy
with
aggregate
limits
in
the
amount
of
$250,000
for
homeowners
insurance
or
$500,000
for
commercial
general
liability
insurance
for
small
businesses
owners
(two
or fewer
employees),
in
either
event only
where
the
insurance
is
required
for
work
in
the public
right-of-way.

POLLUTION

EXCLUSION
Applications
for
the
installation
of
monitoring
wells
for
the
evaluation
of
groundwater
pollution
or for
the
discharge
of
formerly
polluted
groundwater
into
the
City
sewer
system
must
be
accompanied
by
a
certificate
of
liability
. insurance
provided
by
the
property
owner.

Such
liability
insurance
may
not
contain
a
pollution
exclusion
clause
and
must
explicitly
indemnify
the
City
against
all
hazards
which
may
result
from
either
of
these
activities,
including
a
worsening
of
pollution,
either
within
the
subsurface
adjacent
to
the
original
pollution
or
within
the
City
sewer
system.

If
the
property
owner
is
unable
to
provide
insurance
which
addresses
both
general
liability
and
pollution
li~I~¥·s~e
environmental
company
or
other
appropriately
qualified
entity
contracting
with
the
property
April 7, 2026, Item #6

CITY OF EL CAJON

CITY COUNCIL POLICY
SUBJECT: Insurance Requirements (Policy D-3)
PAGE
5 of 5
owner for either monitoring well installation or groundwater pollution remediation, may furnish pollution liability insurance on behalf of the property owner.

Any insurance approved under this subsection shall be an occurrence policy, and shall otherwise comply with the provisions of this Policy.

PUBLIC UTILITIES
This policy as it relates to work in the public right-of-way shall not be applicable to Cable TV, Helix Water District, Padre Dam Municipal Water Authority, San Diego Gas & Electric, or any other public utility.

TRANSPORTATION/OVERSIZE LOADS -PERMITS
See Chapter 10.24 of the El Cajon Municipal Code.

Article Ill.

Construction Contracts Insurance Requirements
In addition to the standards set forth in Article I, above, insurance policies for public works projects must also meet insurance requirements set out in the most recent edition of the Standard Specifications for Public Works Projects (the "Greenbook") adopted by the City Council. Requirements of the Greenbook shall prevail.

Contractors must also comply with Labor Code § 3700 and § 3800.

MINIMUM SCOPE OF INSURANCE
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and aggregate limits in the amount of $2,000,000. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 34 of 59
April 7, 2026, Item #6

CERTIFICATION BY CONTRACTOR
I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for workers' compensation or-to undertake self -insurance in accordance with the provisions of that Code, arxl I will comply with such provisions before commencing the performance of the work of this contract.

Dated:
35 of 59
CONTRACTOR:

SCA OF CA, LLC,
a Delaware limited liability company
By:

Section 1861, Labor Code
CA.1S-82
April 7, 2026, Item #6

LABOR AND MATERIAL BOND
• KNOW ALL MEN BY THESE PRESENTS:

Bid No. 006-25
Bond No. LICX1982942
Term: 7/1/24 to 6/30/25
WHEREAS, the City Council of the City of El Cajon has awarded to: SCA OF CA, LLC, a Delaware limited liability company, hereinafter designated as "Principal," a contract for:

Street Sweeping Services for the Cities of El Cajon, Del Mar, and Solana Beach, Bid Number: 006-25, in the City of El Cajon, in accordance with the plans and specifications for said work; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond providing that if said Principal, or any of Principal's subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies used in, upon, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, we, SCA OF CA, LLC, a Delaware limited liability company, as Principal, and Lexon Insurance Company • -··-·---~,-~-.~----~~-· --~-~_, as Surety, are held and firmly bound unto the CITY OF EL CAJON, CALIFORNIA, hereinafter called "Owner," in the penal sum of SIX HUNDRED TWO THOUSAND TWENTY-FOUR •OLLA RS· AND TWO CENTS ($602,024.02), lawful money of the United States of America; for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally; firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that if said Principal, or heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or any person who supplies both work and materials therefor, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, then said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and will also pay, in case suit is brought upon this bond, costs and reasonable expenses arid fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in.any judgment rendered.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees, for value received, that no alterations in the terms of the Contract or to the work to be performed thereunder, shall in any way affect the Surety's obligations on this bond, and notice ofany such alteration is hereby waived by Surety. 36 of 59
April 7, 2026, Item #6
Bid No. 006-25
Labor and Material Bond
(Continued)
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this _30th day of July , 2024.

PRINCIPAL
SCA ofCA,L ,
cl :Pelaware • • .,,.,· '--'-=. '-;.,. ,'--"-="'-=c..,.._ __ Name
--···-·------.. • ··--····--
By: -Bmd-Beeker,-Regional-ice-President
,<". • . -c· o l::v IO nay;J:)J)t,u.nn t0 et h;
4141 Rockside Road, Suite 100-'------
Seven Hills, OH 44131
Address
(216) 777-2750
Telephone
compliance,d:sweepingcom.com
Email
SURETY
. Lexon Insurance Company
Name
(~1.~t~,~~f~,-z;!!2__
By:~s I. Moore,Attorney-in-fact
By:
12890 Lebanon Rd., Mt. Juliet, TN 37122
Address
224-297-1097
Telephone
[email protected]
Email
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATJ'ACHED. 37 of 59
April 7, 2026, Item #6

ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ST A TE OF 1..A_,::_j )
I I. , . /2 . ) SS:

COUNTY OF L:';::f!(), ,~~ ,
On_{J2r41i___1·:Yt.:£ bJ•f~A ~C.<. It.. 'J/((ifi! til.2(1./-~{g_ a Notary Public, personally gppeared en/ OLl I" !CU· . --· who proved to me on the basis of satisfactory evidence t e 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.

ALL PURPOSE ACKNOWLEDGMENT
A notal'y public or other officer completing this ce11ificate verifies only the identity of the individual who signed the document to which this certificate · is attached, and not the truthfulness, accuracy, or validity of that document.

STATEOF _____ )
) SS:

COUNTY OF .. •~d••··•--........ _,_ ____ ,,.)
On_., .............. ,-------,~---·--.. -· .. ·' before me, ~~----------' a Notary Public, persona,ly appeared___ _ ____ .. __ ,.--.. --·--·•----.. --. , 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 authol'ized 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.

J 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 seal.

Signature (SEAL)
38 of 59 J
I
April 7, 2026, Item #6
STATE
OF

ILLINOIS
COUNTY
OF
DUPAGE}
On
JUL
3 0
2024
, before
me,
Lisa
Marotta,
a
Notary
Public
in
and
for
said
County
and
State,
residing
therein,
duly
commissioned
and
sworn,
personally
appeared,
James
I.

Moore
known
to
me
to
be
Attorney-in-Fact
of
Lexon
Insurance
Company,
the
corporation
described
in
and
that
executed
the
within
and
foregoing
instrument,
and
known
to
me
to
be
the
person
who
executed
the
said
instrument
in
behalf
of
the
said
corporation,
and
duly
acknowledged
to
me
that
such
corporation
executed
the
same.

WITNESS

WHEREOF,
I have
hereunto
set
my
hand
and
affixed
my
official
seal,
the
day
and
year
stated
in
this
certificate
above.

My
Commission
Expires,
February
7,
2026
Lisa
Marotta,
Notary
Public
Commission
No
.946275
39 of
59 April 7, 2026, Item #6
--
,
tf,
SOMPO

INTERNATIONAL
I
POWER
OF

ATTORNEY
'1(
'7''--
KNOW
ALL
BY
THESE

PRESENTS,
that
Endurance
Assurance
Corporation,
a Delaware
corporation
("EAC'),
Endurance
American
Insurance
Company,
a Delaware
corporation
("EAIC"),
Lexon
Insurance
Company,
a Texas
corporation
('UC'),
and/or
Bond
Safeguard
Insurance
Company,
a
South
Dakota
corporation
('BSIC"),
each,
a "Company'
and
collectively,
'Sompo
International,'
do
hereby
constitute
and
appoint:

James
I. Moore,
Stephen
T.

Kazmer,
Dawn
L.

Morgan,
Kelly
A.

Gardner,
Jennifer
J. McComb,
Melissa
Schmidt,
Tariese
M.

Plsclotto,
Diane
Rubright,
Amy
Wickett,
Martin
Moss
as
true
and
lawful
Attorney(s)-ln-Factto
make,
execute,
seal,
and
deliver
for
, and
on
its
behalf
as
surety
or
co-surety;
bonds
and
undertakings
given
for
any
and
all
purposes,
also
lo
execute
and
deliver
on
its
behalf
as
aforesaid
renewals,
extensions,
agreements,
waivers,
consents
or
stipulations
relating
to
such
bonds
or
undertakings
provided,
however,
that
no
single
bond
or
undertaking
so
made,
executed
and
delivered
shall
obligate
the
Company
for
any
portion
of
the
penal
sum
thereof
In
excess
of
the
sum
of
One
Hundred
Million
Dollars
($100,000,000.00).

Such
bonds
and
undertakings
for
said
purposes,
when
°duly
executed
by
said
attorney(s)-in-facl,
shall
be
binding
upon
the
Company
as
fully
and
to
the
same
extent
as
if
signed
by
the
President
of
the
Company
under
its
corporate
seal
attested
by
its
Corporate
Secretary
.

This
appointment
is
made
under
and
by
authority
of
certain
resolutions
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
the
30 1h
day
of
March,
2023
for
BSIC
and
UC
and
the
17u,
day
of
May,
2023
for
EAC
and
EAIC,
a copy
of
which
appears
below
under
the
heading
entitled
"Certificate'.

This
Power
of
Attorney
is
signed
and
sealed
by
facsimile
under
and
by
authority
of
the
following
resolution
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
the
30 1h
day
of
March,
2023
for
BSIC
and
UC
and
the
17 1h day
of
May
, 2023
for
EAC
and
EAIC
and
said
resolution
has
not
since
been
revoked,
amended
or
repealed
:

RESOLVED,
that
the
signature
of
an
individual
named
above
and
the
seal
of
the
Company
may
be
affixed
to
any
such
power
of
attorney
or
any
certificate
relating
thereto
by
facsimile,
and
any
such
power
of
attorney
or
certificate
bearing
such
facsimile
signature
or
seal
shall
be
valid
and
binding
upon
the
Company
in
the
future
with
respect
to
any
bond
or
undertaking
to
which
It is
attached
.

WITNESS

WHEREOF,
each
Company
has
caused
this
instrument
to
be
signed
by
the
following
officers,
and
its
corporate
seal
to
be
affixed
this
25th
day
of
May,
2023.
~--
Lexon
Insurance
Company
I\
l
)
1 ·)
, 1'
('·
1 I
1 I
,
(.
r},
!
i
I
,
;
,,
• I
.
r '
By
:
,!.c>'L.,a,;,(
'
·lf1l
:•.(
Ric
rd
Appel;
Senio?
6ouilsel
On
this
25th
day
of
May,
2023,
before
me
, personally
came
the
above
signatories
known
to
me,
who
being
duly
sworn,
did
depose
and
say
that
he/tQ13y'ti\,'~Hofycer
of
each
of
the
Companies;
and
that
he
executed
said
instrument
on
behalf
of
each
Company
by
authority
of
his
office
under
th~yaws
of
each
Comp7<
-···~~:;,~

1.?,~-<\~
By
·
L0At\
\..}-\
:
~
,,o,,...,.,
:
:
(1
• '17
/'. ,~-
=
;
Tl•
o•,,s
m
:
:
• Amy
Taylor,
Not
Public
My
Commiss~~
~f~~~
'.~(;7~/

CERTIFICATE
I,
the
undersigned
Officer
of
each
Company,
DO
HEREBY

CERTIFY
that:
',,,
"'
iOSoscvv
,,,
..
,,,,,11•'''

1. That
the
original
power
of
attorney
of
which
the
foregoing
is
a copy
was
duly
executed
on
behalf
of
each
Company
and
has
not
since
been
revoked,
amended
or
modified;
that
the
undersigned
has
compared
the
foregoing
copy
thereof
with
the
original
power
of
attorney,
and
that
the
same
is
a
true
and
correct
copy
of
the
original
power
of
attorney
and
of
the
whole
thereot,

2. The
following
are
resolutions
which
were
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
30 th
day
of
March,
2023
for
BSIC
and
UC
and
the
17 th
day
of
May,
2023
for
EAC
and
EAIC
and
said
resolutions
have
not
since
been
revoked,
amended
or
modified:
'RESOLVED,
that
each
of
the
Individuals
named
below
is
authorized
to
make,
execute,
seal
and
deliver
for
and
on
behalf
of
the
Company
any
and
all
bonds,
undertakings
or
obligations
in
surety
or
co-surety
with
others
:

RICHARD
M. APPEL,

MATTHEW
E.

CURRAN,

MARGARET

HYLAND,
SHARON
L.

SIMS,

CHRISTOPHER
L.

SPARRO,
and
be
it further

RESOLVED
, that
each
of
the
individuals
named
above
is
authorized
to
appoint
attorneys
-in-fact
for
the
purpose
of
making,
executing,
sealing
and
delivering
bonds,
undertakings
or
obligations
in
surety
or
co
-surety
for
and
on
behalf
of
the
Company
,"

3. The
undersigned
further
certifies
that
the
above
resolutions
are
true
and
correct
copies
of
the
resolutions
as
so
recorded
and
of
the
whole
thereof
.

WITNESS

WHEREOF,
I have
hereunto
set
my
hand
and
affixed
the
corporate
seal
this
30th
day
of
Jul
, 20~.

NOTICE:

U.S.

TREASURY

DEPARTMENT'S
OFFICE
OF

FOREIGN
ASSETS

CONTROL
(OFACl
No
coverage
Is
provided
by
this
Notice
nor
can
It be
conslrued
lo
replace
any
provisions
of
any
surety
bond
or
other
surety
coverage
provided
. This
Notice
provides
lnformallon
concerning
possible
impact
on
your
surely
coverage
due
to
directives
issued
by
OFAC.

Please
read
this
Notice
carefully.

The
Office
of
Foreign
Assets
Control
(OFAC)
adm
iniste,s
and
enforces
sanctions
policy,
based
on
Presidential
declarallons
of
·national
emergency•
.

OFAC
has
Identified
and
listed
numerous
foreign
agents,
front
organizat
ions,
terrorists,
terrorist
organizations,
and
narcotics
traffickers
as
"Specially
Designated
Nationals
and
Blocked
Persons".

This
list
can
be
located
on
the
United
States
Treasury
's website
-
Jill
1ii;1/v
N1°,,.
11eaw
tY.,fJ
OV
/re~o
""c,,.cc
ntcr/sn
ncllrm
s§(l
.!'l·.Llfil
.

In
accordance
with
OFAC
regulations,
If It Is
determined
that
you
or
any
other
person
or
entity
claiming
the
benefits
of
any
coverage
has
violated
U.S.
sanctions
law
or
is
a Specially
Designated
National
and
Blocked
Person,
as
identified
by
OFAC,
any
coverage
will be
considered
a blocked
orfrozen
contract
and
all
prov
isions
of
any
coverage
provided
are
immed
iately
subject
to
OFAC
. When
a surety
bond
or
other
form
or
surety
coverage
is
considered
to
be
such
a blocked
or
rrozen
contract,
no
payments
nor
premium
refunds
may
be
made
without
authorization
from
OFAC
. Other
limitations
on
the
premiums
and
payments
may
also
appty
.

Any
reproductions
are
void
.

Surety
Claims
Submission:

Lox
on
ClalmAclml11i
,;lralion
@
,10
mlill:.
i11ll
.co
m
40 of
59 Telephone:
616-663-9600
Malling
Address:

Sompo
lntornatlonal;
12890
Lebanon
Road;
Mount
Juliet,
TN
37122-2870
April 7, 2026, Item #6

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

Bid No. 006-25
Bond No. LICX1982942
Term 7/1/24 to 6/30/25
WHEREAS, the City Council of the City of El Cajon has awarded to: SCA of CA LLC a Delaware limited liability company. hereinafter designated as "Principal," a contract for: ' Street Sweeping Services for the Cities of El Cajon, Del Mar, and Solana Beach, Bid Number: 006 2:5, in accordance with the plans and specifications for said work; and WHEREAS said Principal is required under the terms of said contract to furnish a bond providing for the faithful performance of said contract.

NOW, THEREFORE, we SCA of CA, LLC, a Delaware limited liability company, as Principal, and -~-l&xon lnsru:an~ . .Go.mpa.11y • -~---~-~"'--_, as Sµrety, are held and firmly bound unto the CITY OF EL CAJON,' CALIFORNIA, hereinafter called "Owner," in the penal sum of SlX..HLIMORED TWO.THOJ.JSAND<TWENIY-=EQJJR,·_ DOLLARS AND TWO CENTS ($602.024.02). lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that if said Principal, or heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions and provisions in the said contract and any alteration thereof made as therein provided, all within the time and in the true intent and meaning, and shall indemnify and save harmless the City of El Cajon, its officers, agents, and employees, as therein stipulated,· 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 hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys'fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. •
The .Surety hereby stipulates arid agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder.
41 of 59
April 7, 2026, Item #6

STATE OF _/(}A.__-:-U )
/) /· , .)SS:

COUNTY OF _(_;/(,.,l,tf /)0 f (u , ~-,
On a0 . 7 ~yore mw /.!,+Jc-yt. M /I# /l-fl/U,c/-A/~#61.,.., Public, personally &'ppeared _/ //1 ~t?Zh -~ ,) 21 J1. j,t_. , ~;-proved to me on the basis of satisfactory evidence to be ti-{ jerson(g) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lie/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, exec.uted the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing I . d >\\\\\llllli/i/iA1, paragrap 1 1s true an correct. ,~,~h ""r\ \A.I. J/1ti~6/, ❖ ~r ....... "( :I;,
l f ~~(\\ 11 Va,1<\ KA'fHARINE s TRENT BEYERLE
WITN1~1;1Y hand and official seal. f :~ ~-.. \ NOTARY PUBLIC l
// / /J, ,·(} = : ~ · I, -~: = ST AT E O F O H I 0
• ' !LeLt!1 rl,_/ = ,;:/ 2 Comm. Expires
_ _,___S-ig-n-at-ur-'eC-c.--("r-----+'--------\ ~\ _}=0.-f(SEA~/-11-2027 '/ u >. •, • ,. " / ,,,,,, /,</ •,• ..... ,.· y-.' " /11111 'E o F O ,,,,,, 1111//JJII\\\\\\

STATE OF _____ )
) SS:

COUNTY OF ... , ... _____ ... __ .. ___ ,._.)
On _________ , before me, ____________ , a Notary Ptiblic, personally appeared _________ ~---------~ 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 seal.

Signature (SEAL)
42 of 59 .1
April 7, 2026, Item #6

STATE OF ILLINOIS
COUNTY OF DUPAGE}
On J Ill 3 n 202n , before me, Lisa Marotta, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared, James I. Moore known to me to be Attorney-in-Fact of Lexon Insurance Company, the corporation described in and that executed the \':'ithin and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and duly acknowledged to me that such corporation executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.

My Commission Expires, February 7, 2026
Lisa Marotta, Notary Public
Commission No.946275
43 of 59
April 7, 2026, Item #6
,I
SOMPO

INTERNATIONAL
POWER
OF

ATTORNEY
KNOW
ALL
BY
THESE

PRESENTS,
that
Endurance
Assurance
Corporation,
a Delaware
corporation
{"EAC
'),
Endurance
American
Insurance
Company,
a
Delaware
corporation
{'EAIC
"),
LeKon
Insurance
Company,
a Texas
corporation
{"UC"),
and/or
Bond
Safeguard
Insurance
Company,
a South
Dakota
corporation
("BSIC"),
each,
a "Company
• and
collectively,
"Sompo
International,
" do
hereby
constitute
and
appoint:

James
I. Moore,
Stephen
T.

Kazmer,
Dawn
L.

Morgan,
Kelly
A. Gardner,
Jennifer
J.

McComb,
Melissa
Schmidt,
Tariese
M. Pisciotta,
Diane
Rubright,
Amy
Wickett,
Martin
Moss
as
true
and
lawful
Attorney(s)-in-Fact
to
make,
execute
, seal,
and
deliver
for,
and
on
its
behalf
as
surety
or
co-surety;
bonds
and
undertakings
given
for
any
and
all
purposes,
also
to
execute
and
deliver
on
its
behalf
as
aforesaid
renewals,
extensions,
agreements,
waivers,
consents
or
stipulations
relating
to
such
bonds
or
undertakings
provided,
however,
that
no
single
bond
or
undertaking
so
made,
executed
and
delivered
shall
obligate
the
Company
for
any
portion
of
the
penal
sum
thereof
in
excess
of
the
sum
of
One
Hundred
Mllllon
Dollars
($100,000,000.00).

Such
bonds
and
undertakings
for
said
purposes,
when
duly
executed
by
said
attorney{s)-in-fact
, shall
be
binding
upon
the
Company
as
fully
and
to
the
same
extent
as
if
signed
by
the
President
of
the
Company
under
its
corporate
seal
attested
by
its
Corporate
Secretary
.

This
appointment
is
made
under
and
by
authority
of
certain
resolutions
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
the
30th
day
of
March,
2023
for
BSIC
and
LIC
and
the
17 th
day
of
May,
2023
for
EAC
and
EAIC,
a copy
of
which
appears
below
under
the
heading
entitled
•certificate
•.

This
Power
of
Attorney
is
signed
and
sealed
by
facsimile
under
and
by
authority
of the
following
resolution
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
the
30 th
day
of
March,
2023
for
BSIC
and
UC
and
the
17 th day
of
May,
2023
for
EAC
and
EAIC
and
said
resolution
has
not
since
been
revoked,
amended
or
repealed
:

WITNESS

WHEREOF,
each
Company
has
caused
this
instrument
to
be
signed
by
the
following
officers,
and
its
corporate
seal
to
be
affixed
this
25th
day
of
May,
2023
.
~exon
Insurance
Company

1.,
].)
/
l f.Y;'/1
/)
i /
f
,
'
I
\./
..

I
/
By
-1.h
L.,7,;
.. !
1 • 'it•·
\
Rlc~ard
Appel;
e
Senior
Counsel
On
this
25th
day
of
May,
2023,
before
me,
personally
came
the
above
signatories
known
to
me,
who
being
duly
sworn
, did
depose
and
say
that
he/lQW
r~w1
of!icer
of
each
of
the
Companies;
and
that
he
executed
said
instrument
on
behalf
of
each
Company
by
authority
of
his
office
under
thtbyows
of
each
Company•~,
-~~:::~
,.~~
--.. :',\_
By:

J)JV\J\
Ar
l o~-v~
~y
i
\
•i:,ii,
~,\"
)
~

CERTIFICATE
Amy
Taylor,
Netty
Public~
My
Commisslq~,
~t~~~~(~~/
0 ,,,,;~<:;
,~~,,,'
I, the
undersigned
Officer
of
each
Company,
DO
HEREBY

CERTIFY
that:

1. That
the
original
power
of
attorney
of
which
the
foregoing
Is
a copy
was
duly
executed
on
behalf
of
each
Company
and
has
not
since
been
revokec\
amended
or
modified;
that
the
undersigned
has
compared
the
foregoing
copy
thereof
with
the
original
power
of
attorney
, and
that
the
same
is
a
true
and
correct
copy
of
the
original
power
of
attorney
and
of
the
whole
thereof;

2. The
following
are
resolutions
which
were
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
30 th day
of
March
, 2023
for
BSIC
and
UC
and
the
171h
day
of
May,
2023
for
EAC
and
EAIC
and
said
resolutions
have
not
since
been
revoked,
amended
or
modified:
'RESOLVED,
that
each
of
the
Individuals
named
below
is
authorized
to
make,
execute,
seal
and
deliver
for
and
on
behalf
of
the
Company
any
and
all
bonds,
undertakings
or
obligations
in
surety
or
co-surety
with
others:

RICHARD
M. APPEL,

MATTHEW
E.

CURRAN
, MARGARET

HYLAND,
SHARON
L.

SIMS,

CHRISTOPHER
L.

SPARRO
,
and
be
it further

RESOLVED,
that
each
of
the
Individuals
named
above
Is
authorized
to
appoint
attorneys
-in-fact
for
the
purpose
of
making,
executing
, sealing
and
delivering
bonds,
undertakings
or
obligations
in
surety
or
co-surety
for
and
on
behalf
of
the
Company
.•

3. The
undersigned
further
certifies
that
the
above
resolutions
are
true
and
correct
copies
of
the
resolutions
as
so
recorded
and
of
the
whole
thereof
.

WITNESS

WHEREOF,
I have
hereunto
set
my
hand
and
affixed
the
corporate
seal
this
30th
day
of
Jul
, 20~
.

NOTICE:

U.S.

TREASURY

DEPARTMENT'S
OFFICE
OF

FOREIGN

ASSETS CONTROL
(Of
AC\
No
coverage
Is
provided
by
this
NoLice
nor
can
it be
construed
to
replace
any
provis
ions
of
any
surety
bond
or
other
surely
coverage
prov
ided
. This
Notice
provides
inrormaLion
concerning
possible
impact
on
your
surety
coverage
due
to
directives
issued
by
OFAC
. Please
read
this
Notice
carefully.

The
Office
of
Foreign
Assets
Control
(OFAC)
administers
and
enforces
sanctions
pol
icy,
based
on
Presidential
declarations
of
•naUonal
emergency•.

OFAC
has
Identified
and
listed
numerous
foreign
agents,
front
organizations,
terrorists,
tenotist
organizat
ions
, and
narcotics
traffickers
as
'Specially
Des
ignated
Nationals
and
Blocked
Persons"
. This
list
can
be
located
on
the
United
States
Treasury
's
website
-!.l!lIl!J
J,•11
\~·1.lr_g_,,1!_,_\!.L'L!Jill
'i<es01
1rce-ce
nlm/
sanclirrnslSDM
-l.isJ.

In
accordance
with
OFAC
regulations
, If II ls
determined
that
you
or
any
other
peraon
or
enlily
claiming
the
benefit
s of
any
coverage
has violated
U.S
. sanctions
law
or
is
a
Specially
Designated
National
and
Blocked
Person,
as
identifi
ed by
OFAC,
any
coverage
will
be
considered
a blocked
or
frozen
conlract
and
all
provisions
of
any
coverage
pro~idoc;t
are
immediately
subject
to
OFAC.

When
a surety
bond
or
other
form
of
surely
coverage
Is
considered
to
be
such
a blocked
or
frozen
contract,
no
payments
nor
premium
refunds
may
ba
made
without
authorizallon
from
OFAC.

Other
l\mltallons
on
the
premiums
and
payments
may
also
apply
.

Any
reproductions
are
void.

Surety
Claims
Submission:

LnxonClai111Athttittlnlr;ill_Qn@l:1011mo.:]11tl.corn
44 of
59 Telephone:
61 G-653-9600
Mailing
Address:

Sompo
International;
12090
Lebanon
Road;
Mount
Juliet,
TN
37122-2870
April 7, 2026, Item #6
Bid No. 006-25
Performance Bond
(Continued)
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Principal and Surety, and have set their names, titles, and signatures hereon this. ?0t4 day or Iuly , 2024.

PRINCIPAL
4141 RocksideRoad. Suite 100
S~ven Hills, OH 44131
Address
(216) 777-2750
Telephone
com pl iancew\sweep ingcorp.com
Email
SURETY
Le:x:on Insurance Company
Name
I
_ c;;µe!c~~~/,-(c_rlrz-e
By~fa~es I. Moore,Attorney-in-fact
By:
12890 Lebanon Rd., Mt. Juliet, TN 37122
Address
224-297-_10_9_7 __
Telephone
[email protected]
Email
NOTARY ACKNOWLEDGMENTS OF PRINCIPAL AND SURETY MUST BE ATTACHED. 45 of 59
April 7, 2026, Item #6
.~
SOMPO

INTERNATIONAL

ASSUMPTION
OF

LIABILITY

CERTIFICATE
(the
"Certificate")
Obligee:

City
of
El
Cajon

7. ,..... '.
ir
I
"l··•
rl:)
L1,•,
0 I
jjJ.Lt
Al1u
/
(Name
&
Address)
200
Civic
Center
Way
El
Cajon,
CA
92020
Principal:

SCA
of
CA
LLC
(Name
&
Address)
4141
Rockside
Road
Ste
1 00
Cleveland,
OH
44131
Effective
7/30/2024
("Effective
Date"),
this
Certificate
hereby
provides
for
the assumption
by
Endurance
American
Insurance
Company
(the
"Surety")
of
future
rights
and
liabilities
as
the
surety
under
Bond
Number
LICX1982942
(the
"Original
Bond")
previously
issued
in
favor
of
the
Obligee.

This
certifies
that
the
Surety,
in
consideration
of
the
agreements
and
covenants
herein
contained
and
other
good
and
valuable
consideration,
assumes
future
liability
as
the
surety
under
the
Original
Bond.

ISSUANCE
OF
THIS

CERTIFICATE
IT
IS
AGREED~

1. That
the
Surety
assumes
future
rights
and
liabilities
as
the
surety
under
the
Original
Bond,
which,
as
of
the
Effective
Date,
the
Original
Bond
is
now
designated
with
a
new
bond
number
EACX3003211
(the
"New
Bond").

2. That
the
rights
and
future
liabilities
of
the
Surety
under
the
New
Bond:
(a)
shall
be
subject
to
all
of
the
terms,
conditions,
limitations
and
warranties
contained
in
the
Original
Bond
and
any
written
amendments
or
agreements thereto;
and
(b)
shall
in
no
event
be
greater
than
the
penal
sum
of
the
Original
Bond,
including
any
written
amendment,
agreements
or
obligations
stipulated
in
the
Original
Bond
form
thereto.

3. As
of
the
Effective
Date,
all
premiums
paid
in
remittance
of
future
billings
under
the
New
Bond
will
inure
to
the
Surety.

WITNESS

WHEREOF,
the
Surety
has
caused
this
Certificate
to
be
duly
executed
as
of
the
Effective
Date.

Endurance
American
Insurance
Company
(Surety)
(1
iJ
,
By:
_A"
r
v ~
_A_ll_is_o_n_°K_la_s_s_e_n
____
, Attorney-in-Fact
Sompo
International
1221
Avenue
of
the
Americas,
New
York,
NY
10020
,
U.S.
+1
.212
.209.6500
www.sompo-intl.com
46 of
59 Revised
2018
.5.03
April 7, 2026, Item #6
•
1 SOMPO

INTERNATIONAL
. JNSURI\NCE
-
'!
POWER
OF

ATTORNEY
22876
KNOW
ALL
BY
THESE

PRESENTS,
that
Endurance
Assurance
Corporation,
a
Delaware
corporation
("EAC"),
Endurance
American
Insurance
Company,
a
Delaware
corporation
("EAIC"),
Lexon
Insurance
Company,
a
Texas
corporation
("LIC"),
and/or
Bond
Safeguard
Insurance
Company,
a
South
Dakota
corporation
("BSIC"),
each,
a
"Company"
and
collectively,
"Sompo
International,"
do
hereby
constitute
and
appoint:

Allison
Klassen
as
true
and
lawful
Attorney(s)-ln-Fact
to
make
, execute,
seal,
and
deliver
for,
and
on
its
behalf
as
surety
or
co-surety;
bonds
and
undertakings
given
for
any
and
all
purposes,
also
to
execute
and
deliver
on
its
behalf
as
aforesaid
renewals,
extensions,
agreements,
waivers,
consents
or
stipulations
relating
to
such
bonds
or
undertakings
provided
, however,
that
no
single
bond
or
undertaking
so
made,
executed
and
delivered
shall
obligate
the
Company
for
any
portion
of
the
penal
sum
thereof
in
excess
of
the
sum
of
One
Hundred
Million
Dollars
($100,000,000.00).

Such
bonds
and
undertakings
for
said
purposes,
when
duly
executed
by
said
attorney(s)-in-fact,
shall
be
binding
upon
the
Company
as
fully
and
to
the
same
extent
as
if
signed
by
the
President
of
the
Company
under
its
corporate
seal
attested
by
its
Corporate
Secretary.

This
appointment
is
made
under
and
by
authority
of
certain
resolutions
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
the
3Qth
day
of
March,
2023
for
BSIC
and
UC
and
the
17 th
day
of
May,
2023
for
EAC
and
EAIC,
a
copy
of
which
appears
below
under
the
heading
entitled
"Certificate".

This
Power
of
Attorney
is
signed
and
sealed
by
facsimile
under
and
by
authority
of
the
following
resolution
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
the
30 th
day
of
March,
2023
for
BSIC
and
UC
and
the
17 th
day
of
May,
2023
for
EAC
and
EAIC
and
said
resolution
has
not
since
been
revoked,
amended
or
repealed:

RESOLVED,
that
the
signature
of
an
individual
named
above
and
the
seal
of
the
Company
may
be
affixed
to
any
such
power
of
altorney
or
any
certificate
relating
thereto
by
facsimile,
and
any
such
power
of
attorney
or
certificate
bearing
such
facsimile
signature
or
seal
shall
be
valid
and
binding
upon
the
Company
in
the
future
with
respect
to
any
bond
or
undertaking
to
which
it is
attached.

WITNESS

WHEREOF
, each
Company
has
caused
this
instrument
to
be
signed
by
the
following
officers,
and
its
corporate
seal
to
be
affixed
this
25th
day
of
May,
2023.
~
Lexon
Insurance
Company
0 V
·'

1. o/'/t
(/
I J
By:/f-l<~r,i/
,.
}
l
·(,t
.pA
(
Ric~ard
Appel;
Sento'1
Counsel
I,
the
undersigned
Officer
of
each
Company,
DO
HEREBY

CERTIFY
that:

1. That
the
original
power
of
attorney
of
which
the
foregoing
is
a
copy
was
duly
executed
on
behalf
of
each
Company
and
has
not
since
been
revoked,
amended
or
modified;
that
the
undersigned
has
compared
the
foregoing
copy
thereof
with
the
original
power
of
attorney,
and
that
the
same
is
a
true
and
correct
copy
of
the
original
power
of
attorney
and
of
the
whole
thereof;
.

2. The
following
are
resolutions
which
were
adopted
by
the
board
of
directors
of
each
Company
by
unanimous
written
consent
effective
30 th
day
of
March,
2023
for
BSIC
and
UC
and
the
17 1h day
of
May
, 2023
for
EAC
and
EAIC
and
said
resolutions
have
not
since been
revoked,
amended
or
modified
:
"RESOLVED,
that
each
of
the
individuals
named
below
Is
authorized
to
make,
execute,
seal
and
deliver
for
and
on
behalf
of
the
Company
any
and
all
bonds,
undertakings
or
obligations
in
surety
or
co-surety
with
others
:

RICHARD
M.

APPEL,

MATTHEW
E.

CURAN
, MARGARET

HYLAND,
SHARON
L.

SIMS,

CHRISTOPHER
L.

SPARRO,
and
be
it
further

RESOLVED,
that
each
of
the
individuals
named
above
is
authorized
to
appoint
attorneys-in-fact
for
the
purpose
of
making,
executing
, sealing
and
delivP.ring
bonds,
undertakings
or
obligations
in
surety
or
co-surety
for
and
on
behalf
of
the
Company
."

3. The
undersigned
further
certifies
that
the
above
resolutions
are
true
and
correct
copies
of
the
resolutions
as so
recorded
and
of
the
whole
thereof.

WITNESS

WHEREOF,
I have
hereunto
set
my
hand
and
affixed
the
corporate
seal
this
7th
day
of
Au
ust
, 20~
.

NOTICE:

TREASURY

DEPARTMENT'S
OFFICE
OF

FOREIGN
ASSETS

CONTROL
{OFACl
No
coverage
is
provided
by
this
Notice nor
can
ii be
construed
to
replace
any
provisions
of
any
surety
bond
or
other
surely
coverage
provided.

This
Notice
provide
.s information
concerning
possible
Impact
on
your
surety
coverage
due
to
directives
Issued
by
OFAC
.

Please
read
this
Notice
carefully
.

The
omce
of
Foreign
Assets
Control
(OFAC)
administers
and
enforces
sancllons
policy,
based
on
Presldenllal
declarations
ol
"national
emergency"
.

OFAC
has
identified
and
listed
numerous
foreign
agents,
front
organizations,
terror
ists,
terrorist
organizations,
and
narcotics
traffickers
as
"Specially
Designated
Nationals
and
Blocked
Persons"
. This
list
can
be
located
on
the
United
Slates
Treasury's
website
-
hltps
://www.treasury
.gov/resource-center/sanctions/SDN
-Llsl.

In
accordance
with
OFAC
regulations,
if
ii
is
determined
that
you
or
any
other
person
or
entity
claiming
the
benefits
of
any
coverage
has
violated
U.S
. sanctions
law
or
Is
a
Specially
Designated
Nallonal
and
Blocked
Person,
as
identified
by
OFAC,
any
coverage
will
be
considered
a blocked
or
frozen
contract
and
all
provisions
of
any
coverage
provided
are
Immediately
subject
to
OFAC
. When
a
surely
bond
or
other
form
of
surely
coverage
is
cons
idered
lo
be
such
a
blocked
or
frozen
contract,
no
payments
nor
premium
refunds
may
be
made
wilhout
authorization
from
OFAC.
other
limitations
on
the
premiums
and
payments
may
also
apply
.

Any
reproductions
are
void.
47 of59
Surety
Claims
Submission:

LexonClalmAdmlnistratlon@sompo-lntl
.com
Telephone:
615-553-9500
Malling
Address:

Sompo
International;
12890
Lebanon
Road
; Mount
Juliet,
TN
37122-2870
April 7, 2026, Item #6
48 of
59 No.
5082-3
STATE
OF

CALIFORNIA

DEPARTMENT
OF

INSURANCE
OAKLAND Amended
Certificate
of
Authority
THIS
IS
TO

CERTIFY
that,
pursuant
to
the
Insurance
Code
of
the
Stale
of
California,
Endurance
Assurance
Corporation
of
Delaware,
organized
under
the
laws
of
Delaware,
subject
to
its
Articles
of
Incorporation
or
other
fundamental
organizational
documents,
is
hereby
authorized
to
h·ansact
within
this
Stale,
subject
to
all
provisions
of
this
Certificate,
the
following
classes
of
insurance:

Fire,
Marine,
Surety,
Disability,
Plate
Glass,
Liability,
Workers'
Compensation,
Common
Carrier
Liability,
Boiler
and
Machinery,
Burglary,
Credit,
Sprinkler,
Team
and
Vehicle,
Automobile,
Aircraft,
Legal,
and
Miscellaneous
as
such
classes
are
now
or
may
hereafter
be
defined
in
the
Insurance
Laws
of
the
State
of
California
.

THIS

CERTIFICATE
is
expressly
conditioned
upon
the
holder
hereof
now
and
hereafte,·
being
in
full
compliance
with
all,
and
not
in
violation
of
any,
of
the
applicable
laws
and
lawful
requirements
made
under
authority
of
the
laws
of
the
State
of
California
as
long
as
such
laws
or
requirements
are
in
effect
and
applicable.
and
as
such
laws
and
requirements
now
are,
or
may
hereafter
be
changed
or
amended.

NOTICE:

WITNESS

WHEREOF,
effective
as
of
the
16'
1'
day
of
April,
202
I,
I have
hereunto
set
my
hand
and
caused
my
official
seal
to
be
affiYed
this
16 11' day
of
April,
2021
.

By
Ricardo
Lara
/ns11ra11ce
Commissioner Carol
Frair
for
Catalina
Hayes-Bautista
l11s11ra11ce
Chief
Deputy
Qualification
with
the
Secretary
ofSlnt~
must
be
accomplished
as
required
by
the
California
Corporations
Code
promptly
after
issuance
of
this
Certificate
of
Authority.

Failure
to
do
so
will
be
a violation
oflnsurance
Code
section
701
and
will
be
grounds
for
revoking
this
Certificate
of
Authority
pursuant
to
the
covenants
made
in
the
application
therefor
and
the
conditions
contained
herein.
l/l1J69J9
.I
April 7, 2026, Item #6
49 of
59 No.
5082-3
STATE
OF

CALIFORNIA

DEPARTMENT
OF

INSURANCE
SAN
FRANCISCO Amended
Certificate
of
Authority
THIS
IS
TO
CERTIFY that,
pursuant to
the
Insurance
Code
of
the
State
of
California,
Endurance
Assurance
Co1·poration
of
Delaware,
organized
under
the
laws
of
Delaware,
subject
to
its
Articles
of
Incorporation
or
other
fundamental
organizational
documents,
is
hereby
authorized
to
transact
within
this
State,
subject
to
all
provisions
of
this
Certificate
, the
following
classes
of
insurance:

Fire,
Marine,
Surety,
Disability,
Plate
Glass,
Liability,
Workers'
Compensation,
Common
Carrier
Liability,
Boiler
and
Machinery,
Burglary,
Credit,
Sprinkler,
Team
and
Vehicle,
Automobile,
Aircraft,
and
Miscellaneous
as
such
classes
are
now
or
may
hereafter
be
defined
in
the
Insurance
Laws
of
the
State
of
California.

THIS

CERTIFICATE
is
expressly
conditioned
upon
the
holder
hereof
now
and
hereafter
being
in
full
compliance
with
all,
and
not
in
violation
of
any,
of
the
applicable
laws
and
lawful
requirements
made
under
authority
of
the
laws
of
the State
of
California
as
long
as
such
laws
or
requirements
are
in
effect
and
applicable,
and
as
such
laws
and
requirements now
are,
or
may
hereafter
be
changed
or
amended
IN

WITNESS

WHEREOF,
effective
as
of
the
23 rd
day
of
Augu
st,
2,016,
I have
hereunto
set
my
hand
and
caused
my
official
seal
to
be
~
affixed
this
23"
1 day
of
August,
2016.
"
ltp('
'Ssl./~%~<t
6,, ,,,,,, '•,
·""<t..-
f;.
<tc
"'l:· ~
'IJ'c
--:,
·
iJ/('
"t}:
or
'
.. ,~
-
1t,
lt,C'
lq
0 .

By
_.,.,I),
"
✓c
"-'o
vcA
""':
•
\_f'
-.
s,.,
q,,,,_
·~·-
,·~
"'lf:1
.#,.

A-'
·<
0,
or
"l/r
'
,
'
~
C'-11,
-"1'1.
-~,...
-
• ,'.:)
----~
,•(''In
?.rl./
--~i.,,
~-
• :.
~,q
~
-
C'~'s1.·
,...:,
"<'
t>rC'I,
...

Dave
Jones
/11sura11cc
Commissioner Carol
Frair
for
Joel
Laucher
C/1ief
Deputy
NOTlCE:
c.-r,f
. -~
Qualification
with
the
Secretary
of
State
must
be
accomplished
as
required
by
the
California
Corporations
Code
promptly
after
issuance
of
this
Certificate
of
Authority
. Failure
to
do
so
will
be
a violation
oflnsurance
Code
section
70 I and
will
be
grounds
for
revoking
this
Certificate
of
Authority
pursum1t
to
the
covenants
made
in
the
application
therefor
and
the
condition
s contained
herein.

April 7, 2026, Item #6
April
22,
2021
Ms
. Casey
O'Donnell
Project
Manager
Westmont
Associates,
Inc.
1763
Marlton
Pike
East
Suite
200
Cherry
Hill,
NJ
08003
-.s-..:.1;.~o..:=··\:._.
i.
•)
-~·
·'t
'1*
*/
•
!J
.
~-
• ;,~~~
J-~;
•·-'

RICARDO
LARA

CALIFORNIA

INSURANCE

COMMISSIONER
SUBJECT:

Endurance
Assurance
Corporation
Certificate
of
Authority
-California
Permanent
No.
5082-3*
Dear
Ms.

O'Donnell:

Transmitted
herewith
is
the
amended
Certificate
of
Authority,
No.
5082-3
issued
and
effective
April
16,
2021
and
superseded
Certificate
of
Authority
no
. 5082-3.

This
Certificate
of
Authority
does
not
permit
the
writing
of
any
insurance
contracts
within
this
State
until
you
are
in
full
compliance
with
the
provisions
of
Proposition
103
(California
Insurance
Code
§1861
et seq.).

It
is
the
licensee's
responsibility
to
obtain
prior
approval
of
its
rates
in
accordance
with
those
provIsIons
.

The
classes
of
insurance
which
are
exempt
from
the
Proposition
103
rate
filing
requirements
include
reinsurance, life,
title,
marine
(certain
types),
disability,
workers'
compensation,
mortgage
and
insurance
transacted
by
county
mutual
life
insurers.

Proposition
103
rate
filing
applications
must
be
submitted
to
the
Department
of
Insurance,
Rate
Filing
Bureau,
1901
Harrison
Street,
3rd
Floor,
Oakland,
CA
94612.

Workers'
compensation,
title
and
certain
disability
rates
are
subject
to
filing
or
approval
under
other
laws.

California
has
adopted
comprehensive
regulations
governing
claims
handling.

See
Title
10,
Galifornia
Code
of
Regulations,
Section
2695.1
et
seq.,
for
insurer
duties,
which
include
the
training
of
employees
and
agents.

Additionally,
pursuant
to
Insurance
Code
Section
1875.20,
every
insurer
admitted
to
do
business
in
this
State
shall
maintain
a
Special
Investigative
Unit
("SIU")
to
investigate
possible
fraudulent
claims
by
insureds
or
by
persons
making
claims
for
services
or
repairs
against
policies
held
by
insureds.

Insurers
are
required
to
file
a
written
statement
with
the
Department
attesting
to
the
existence
and
maintenance
of
a
SIU
within
the
organization.

Failure
to
comply
may
subject
insurers
to
fines
and
penalties.

See
California
Code
of
Regulations,
Section
2698.40,
et.
seq
.

California
insurance
regulations
may
be
obtained
by
calling
Barclay's
Law
Publishers
at
(800)
888-3600
and
ordering
a
copy
of
Title
10,
Chapter
5,
of
the
California
Code
of
Regulations.

California
insurance
statutes
may
be
obtained
by
calling
West
Publishing
Company
at
1-800-328-9352
and
ordering
a
copy
of
the
California
Insurance
Code.
#1237039
.1
50 of
59 CALIFORNIA

DEPARTMENT
OF

INSURANCE
PROTECT•PREVENT•PRESERVE
1901
Harrison
Street,
61h
Floor
Oakland,
California
94612
April 7, 2026, Item #6
Ms.

Casey
O'Donnell
April
22,
2021
Page2 If
Life,
Disability
_or
Workers'
Compensation
will
be
written,
see
the
following:

Disability
(including
"health"),
group
life,
individual
life
supplemental
benefits,
variable
life
and
annuity,
credit
life,
credit
disability
and
workers'
compensation
insurance
policy
forms
must
be
approved
before
use
.

Individual
life
policies
and
individual
and
group
annuities
with
indeterminate
premiums,
contributions
or
values
must
be
filed
before
use;
other
individual
life
policies
and
individual
and
group
annuities
are
generally
exempt
from
filing
. The
procedures
for
filing
policy
forms
are
found
in
Title
10,
California
Code
of
Regulations
§§2200
through
2218
.1 O;
see
§2206
for
filing
locations.

Licensees
should
become
familiar
with
these
regulations
before
submitting
forms
for
approval.

California-based
insurers
must
also
rece
ive
approval
of
all
separate
account
pension
, retirement
or
profit-sharing
plans
.

For
newly
licensed
domestic
insurers
who
are
requested
to
apply
for
an
NAIC
company
code,
please
go
to
http
://www.naic
.org/docs/CmpnyAppFDR.pdf
to
use
the
most
current
application.

This
may be
updated
without
notice
so
please
check
that
website
periodically
.

Sincerely,
<·
jbft--<-
,c.--r-e{
·-
lmelda
F. Siruno
Legal
Division
(415)
538-4451
* This
is
the
company's
permanent
number.

It
must
be
used
on
all
correspondence
(including
"Action
Notice")
addressed
to
the
Department's
License
Bureau
; otherwise,
the computer
will
reject
the
notice
.

Please
do
not
send
correspondence
to
the
License
Bureau
until
at
least
one
week
after
receipt
of
your
Certificate
of
Authority
to
allow
time
for
computer
process
ing
of
the
company
name.

Enclosure
51 of
59 April 7, 2026, Item #6
Acknowledgement
of
Surety
State
of
Tennessee
County
of
Wilson
On
this
7th
day
of
August,
2024
located
in
and
for
said
County
and
State,
before me
personally
came
Allison
l<lassen,
to
me
known,
who,
being
by
rne
duly
sworn,
did
depose
and
say
that
she
resides
in
Nashville,
TN;
that
she
is
the
Attorney-in-Fact
for
Endurance
Assurance
Corporation,
the
corporation
described
in
and
which
she
executed
the
above
instrument;
and
that
she
signed
their
name
thereto
by
authority
of
the
Board
of
Directors
of
said
corporation
to
the
Bond
Number
EACX3003211
for
SCA
of
CA
LLC
as
Principal
and
City
of
El
Cajon,
as
Obligee
in
the
amount
of
$602,024.02.

In
Witness
hereof,
I here
unto
set
my
hand
and
official
seal.
~1wK.£~
Tracy
L.
~
ILJe
\.

County
of
Residence:

Rutherford
My
Commission
Expires:

June
22,2026
SEAL: 52
of59
April 7, 2026, Item #6
53 of
59 Assets: Bonds Preferred
slacks
Common
slacks

ENDURANCE

ASSURANCE

CORPORATION
Balance
Sheet
-Statutory
-Basis
December
31,
2023
Cash,
cash
equivalents,
and
short-tcnn
invcslmcnls
Olhcr
invested
assets
Receivables
for
securities
Total
cash
and
invested
assets
Agcnls'
balances
or
uncollecled
premiums
Reinsurance
recoverable
on
loss
and
loss
adjustment
expense
payments
Funds
held
by
or
deposited
with
rcinsurcd
companies
lnvcslmcnl
income
due
and
accrued
Current
federal
and
foreign
income
lax
recoverable
and
interest
thereon
Net
deferred
tax
asset
Receivables
from
parent,
subsidiaries
and
affiliates
Other
assets
Total
admilled
assels
Liabilities: Loss
and
loss
adjustment
expenses
Reinsurance
payable
on
paid
loss
and
loss
adjustment
expenses
Commissions
payable,
contingent
commissions
and
other
similar
charges
Oiher
expenses
Taxes,
licenses
and
fees
(excluding
federal
and
foreign
income
laxes)
Unearned
premiums
Advanced
Premium
Ceded
reinsurance
premiums
payable
Funds
held
by
company under
reinsurance
treaties
Amounts
withheld
or
retained
by
company
for
account
of
others
Remillances
and
items
not
allocated
Provision
for
reinsurance
Payable
to
parent,
subsidiaries
and
affiliates
Payable
for
securities
Other
liabilities
Total
liabilities
Capital
and
surplus:

Common
capital
stock
Surplus
notes
Gross
paid
in
and
contributed
surplus
Unassigned
funds
(surplus)
Aggregate
write-ins
for
special
surplus
funds
Total
capital
and
surplus
Total
liabilities
and
capital
and
surplus
s
8,840,516,134
14,559,098
2,502,912,644 547,214,855 367,228
,494
12,539,247
12,284,970,472 3,639,295,463
866,922,861 I 16,173,785 59,715,007
765,086
194,151,100 36,069,122 240,998,501
S ==1=7=,4=39=,0=6=1,=39=7= s
6,724,893,327 823,698,569 (1,662,639) 28,177,519 27,009,410 2,749,272,278
10 ,285,830
1,277,805,256
75,781,757 732,081,177 248,815,866 58,958,628 172,805,784 50,301,420 70,939,621 13,049,163,803
5,000,000
200,000,000 3,480,137,280
703,291,886
1,468,428
4,389,897,S94
s
17,439,061,397
I,
Hnna
Enlela,
Treusurer
of
Endurance
Assurance
Corporntion
(the
"Company")
do
hereby
certify
!hat
to
the
best
of
my
knowledge
and
belief,
the
foregoing
is
a full
and
lrue
Statutory
Statement
of
Admitted
Assets,
Liabilities,
Capital
and
Surplus
of
the
Company
as
of
December
31,
2023
prepared
in
confom1ily
with
accounting
practices
prescribed
or
pelTllitlcd
by
the
Stale
of
Delaware
Department
of
Insurance
. The
foregoing
statement
should
nol
be
taken
as
a complete
statement
of
financial
condition
of
the
Company.

Such
a statement
is
available
upon
request
al
lhe
Company's
office
located
at
4 Manhartanville
Road,
Purchase,
NY
10577
.

WITNESS

WHEREOF,
I have
hereunto
set
my
hand
and
affixed
lhe
seal
of
lhe
Company
at
Purchase,
New
York.i
------
·-
HanaE~~
~
,.----"
·-·
~,:bsc:ibcd
and
swam
to
before
me
lhis
.?
h
day
of
__.(_¥_J"'c"'
·,~; 1-/'_r,._-,..\~).,_,--~,_4,..,
0 ......
--~a},_<.._,_)
_____
_
April 7, 2026, Item #6
ATTACHMENT 2
Parking Lot Sweeping Fee Calculations
Month Weeks Per Month Monthly Sq Ft Billable Sq ft Cost Per Month Jul2026 3 1862488.00 1862.00 $4,808.34
Aug 2026 2 1862488.00 1862.00 $3,205.58
Sep 2026 2 2793732.00 2793.00 $3,205.58
Oct 2026 3 1862488.00 1862.00 $4,808.34
Nov 2026 2 1862488.00 1862.00 $3,205.58
Dec 2026 2 2793732.00 2793.00 $3,205.58
Jan 2027 3 1862488.00 1862.00 $4,808.34
Feb 2027 2 1862488.00 1862.00 $3,205.58
Mar 2027 2 2793732.00 2793.00 $3,205.58
Apr2027 2 1862488.00 1862.00 $3,205.58
May 2027 2 2793732.00 2793.00 $3,205.58
Jun 2027 2 1862488.00 1862.00 $3,205.58
Residential Sweeping Fee Calculations
Additional Sweeps (BiWeekly) Additional Distance Cost Per Mile Hacienda Ln .054 curb mile $53.38
Residential and Commercial Mileage Fee Calculations
Monthly Mileage Per Mile Cost Monthly Mileage Cost Annual Mileage Total 918.8 $53.38 $49,045.54 $588,546.53
Invoice Total Per Month
Aug-Sep, Nov-Dec '26 & Feb-Jun '27 $52,251.12
Jul & Oct '26; Jan '27 $53,853.88
54 of 59
April 7, 2026, Item #6
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
55 of 59
(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received April 7, 2026, Item #6
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
56 of 59
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

April 7, 2026, Item #6
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court. or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:
2013 Amendment:

GUARANTY
To the City of Poway, City Council, for:

STREET SWEEPING SERVICES
The undersigned guarantees the work included in this project(s).

Contractor
Date
58 of 59
April 7, 2026, Item #6

TO:

FROM:

CONTACT:

April 7, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services o/
Sara Trunzo, Senior Civil Engineer
(858) 668-4622 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of Public Improvements for the McKee Orchard, Improvement Plan 22- 0002
Summary:

Improvement Plan (IMP) 22-0002 for the McKee Orchard Project included roadway and trail installation, sewer and water main extensions, and fire hydrants. The improvements are complete and ready for acceptance.

Recommended Action:

It is recommended the City Council:
1) Accept the improvements shown on the plans for IMP 22-0002 as complete; 2) Release the Performance Bond in the amount of $426,600; 3) Release the Payment Bond in the amount of $213,300; and 4) Retain the Warranty Bond in the amount of $42,660 for a period of one (1) year.

Discussion:

City Council approved the Tentative Tract Map (TTM) 21-003 for the McKee Orchard residential subdivision on the east end of Holly Oaks Way on July 19, 2022. As a condition of approval for the development, the project was required to install public improvements to serve the project including grading and erosion protection for the public trail within the subdivision boundary in accordance with the City's General Plan. Additionally, required public improvements were sewer and water main extensions, and fire hydrants. The improvements have been completed in accordance with the project plans, the Standard Agreement for Construction of Public Improvements (Attachment A) and have been determined complete by the Development Services Department. Poway Municipal Code

16.20.11 O requires securities for work estimated to cost over $100,000, or securities required to be posted in conjunction with any subdivision or parcel map, be released by City Council. Since these improvements were in conjunction with a subdivision, and were valued over $100,000, City Council approval is required for the release of the securities associated with this project. 1 of 14
April 7, 2026, Item #7
Environmental Review:

Acceptance of the completed public improvements is an administrative action confirming that the improvements were constructed in accordance with approved plans and does not authorize new construction or development. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, the action does not have the potential to result in a direct or reasonably foreseeable indirect physical change in the environment and is therefore not a project under CEQA. No further environmental review is required.

Fiscal Impact:

There is no Fiscal Impact as a result of the requested action.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
2 of 14
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
a#s,Q
Chris Hazeltine
City Manager
April 7, 2026, Item #7
Poway,
California
1 Agreement
Date

STANDARD

AGREEMENT
FOR

CONSTRUCTION
OF
PUBLIC

IMPROVEMENTS
(McKee
Orchard
-
IMP22
-002)
The
CITY
OF
POWAY
("CITY")
and
McKee
Orchard
LLC
. ("OWNER")
agree
as
follows
:

OWNER
is
required
to
construct
the
following
public
improvements
("work")
for
the
above
referenced
project:
a.

Installation
of
a
public
water
main,
fire
hydrants
, and
associated
appurtenances
b.

Installation
of
a
public
sewer
main
and
manholes
c.

New
curb,
gutter,
sidewalk
, and
pavement
for
a
portion
of
Holly
Oak
Way
d.

Installation
of
6 monuments
B.

CITY
approved
plans
and
specifications
for
the
construction
of
the
work,
which
are
incorporated
herein
by
reference,
and
identified
as
Public
Improvement
Plans
IMP22-
002
.

The
following
are
attached
hereto
and
made
a
part
hereof
:

Schedule
A
Schedule
B
Public
Improvements
Monument
Setting

1. IMPROVEMENTS
:

TIME
TO
PERFORM:

For
valuable
consideration
OWNER
agrees
to
do,
or
cause
to
be
done,
at
OWNER's
expense
and
without
any
cost
or
liability
to
the
CITY
, all
of
the
work
described
herein
by
the
date
specified
on
Schedule
A.

OWNER
warrants
that
all
of
the
materials
supplied
and
work
to
be
done
will
be
of
good
quality
and
workmanship.

Said
work
shall
be
in
strict
conformity
with
the
plans
and
specifications
of
the
work,
the
standard
specifications
and
drawings
for
public
improvements
adopted
by
CITY
, and
this
agreement.

OWNER
shall
furnish
all
transportation
, equipment,
labor,
services,
permits,
utilities
, and
all
other
items
necessary
to
complete
the
work
. OWNER
shall
pay
all
claims,
demands,
and
liability
arising
out
of
or
resulting
from
or
in
connection
with
the
performance
of
the
work.

OWNER
shall
furnish
accurate
"as
constructed"
plans
.

In
addition,
Owner
shall,
prior
to
acceptance
of
the
work
by
City
Council,
set
all
final
monuments
and
stakes.

OWNER's
obligations
herein
are
not
limited
by
any
cost
estimates,
nor
will
any
estimate
be
a
measure
of
damages
.
3 of
14 CITY
, in
its
sole
discretion
and
without
liability
to
CITY
, City
Council
Members,
CITY's
Engineer
and
their
consultants
, and
each
of
their
officials
, directors,
officers
, employees
and
agents,
may
require
changes,
alterations,
or
additions
to
the
plans
and
specifications
which
do
not
exceed
ten
percent
(10%)
of
the
original
CITY
approved
cost
estimate
of
the
work
.

CITY,
in
its
sole
discretion
and
without
liability
to
CITY,
City
Council
Members
, CITY's
Engineer
and
their
consultants,
and
each
of
their
officials,
directors,
officers
, employees
and
agents,
may
require
changes,
alterations,
or
additions
in
addition
to
said
ten
percent
(10%)
limitation
if
required
to
correct
errors
or
omissions
in
the
approved
plans
and
specifications,
and
for
unforeseen
conditions
such
as
, but
not
limited
to,
rock
excavation,
unstable
soil
conditions,
or
high
water
tables
requiring
de-watering.

Agreement
-1 of
8 ATTACHMENT
A
April 7, 2026, Item #7

2. INSURANCE:

OWNER
shall
not
commence
or
continue
to
perform
any
work
unless
OWNER
has
in
full
force
and
effect
all
required
insurance
with
compan
ies
satisfactory
to
CITY
.

To
be
acceptable,
insurers
must
be
authorized
to
do
business
and
have
an
agent
for
service
of
process
in
California,
and
have
an
"A"
policyholder's
rating
and
a
financial
rating
of
at
least
Class
XI
in
accordance
with
the
current
Best
's
Ratings.

OWNER
shall
not
permit
any
contractor
or
subcontractor
to
perform
any
work
unless
the
worker
's
compensation
insurance
requirements
have
been
complied
with
by
each
of
them
.

All
insurance
policies
shall
be
maintained
until
the
work
is
accepted
by
the
CITY
and
provide
for
coverage
of
all
causes
of
action
or
disputes
arising
out
of
acts
in
performance
of
the
construction
of
the
public
improvement
herein
whether
said
causes
or
disputes
are
filed
or
brought
to
the
attention
of
the
CITY
before
or
after
the
CITY
acceptance
of
work.
4 of
14 With
approval
of
the
CITY's
Attorney
, insurance
coverage
required
by
this
section
may
be
satisfied
by
insurance
held
in
name
of
prime
contractor
of
OWNER
, provided
that
prime
contractor
coverage
is
sufficiently
broad
to
include
all
losses
on
job
site
.

As
evidence
of
coverage
, OWNER
shall
provide
certificates
of
insurance
and
endorsement
of
CITY
forms.

Each
certificate
shall
bear
an
endorsement
waiving
right
of
cancellation
or
change
in
coverage
without
forty-five
(45)
days
notice
in
writing
delivered
to
CITY
.

Before
issuance
of
construction
permit,
OWNER
shall
provide
certificate(s)
of
insurance,
satisfactory
to
CITY,
certifying
that
OWNER
, and
each
of

OWNER'S
contractors,
has
for
the
agreement
per
iod,
full
worker's
compensation
insurance
coverage
for
all
persons
who
are
or
may
be
employed
in
carrying
out
the
work
.

Before
issuance
of
construction
permit,
OWNER
shall
provide
to
CITY,
certificates
of
insurance
and
endorsements
that
OWNER
has
liability
insurance
coverage
naming
CITY
as
additional
insured
for
both
bodily
injury
and
property
damage
in
a
single
limit
of
not
less
than
that
specified
on
Schedule
A
for
any
one
occurrence.

Liability
insurance
coverage
shall
include
each
of
the
following
types
of
insurance
as
required
by
the
CITY
to
carry
out
this
agreement.

General
Liability
B.

Automobile
Liability

1. Comprehensive
Form

1. Comprehensive
Form
,

2. Premises-Operations
Including
Loading
and
Unloading

3. Explosion
and
Collapse
Hazard

2. Owned

4. Underground
Hazard

3. Hired

5. Products/Completed
Operations

4. Non-Owned
Hazard

6. Contractual
Insurance

7. Broad
Form
Property
Damage
Including
Completed
Operations

8. Independent
Contractors

9. Personal
Injury
Contractual
insurance
shall
be
sufficiently
broad
to
indemnify
CITY
as
set
forth
in
Paragraph

4. Any
liability
insurance
naming
the
CITY
insured,
shall
include
as
additional
insured
City
Council
Members,
CITY's
Engineer
and
their
consultants,
officials,
directors,
officers,
agents
,
and
employees.

Insurance
afforded
them
shall
be
primary
insurance
and
the
amount
provided
shall
not
be
reduced
or
prorated
by
reason
of
any
other
insurance
they
might
have
.

Agreement
-2 of
8 April 7, 2026, Item #7
Nothing
contained
in
these
insurance
requirements
shall
limit
the
liability
of
OWNER
or
OWNER
's
insurance
compan
ies
.

Review
and
acceptance
of
insurance
certificates
sha
ll
not
constitute
any
representation
by
CITY
or
its
representative
that
any
required
insurance
has
been
issued
.

3. OWNER'S
LIABILITY:

OWNER
shall
, at
OWNER's
sole
cost
and
expense
, be
solely
and
completely
responsible
for
all
matters
affecting
the
design,
prosecution,
progress
and
completion
of
the
work
, (both
on
and
off
the
job
site).

OWNER
shall
be
responsible
for
observing
all
laws
.

OWNER
shall
provide
for
public
convenience
and
safety,
and
safety
of
workers,
including
OWNER's
workers
and
those
of
OWNER's
contractors,
subcontractors
and
suppliers
,
and
others
contributing
to
the
work
.

OWNER
shall
protect
CITY
property
and
property
rights
of
others
, including
the
location
, maintenance
and
replacement
of
utilities,
whether
shown
on
the
plans
or
not.

OWNER
shall
give
prior
notification
to
utility
owners.

OWNER
shall
protect
agains
t
and
prevent
drainage
from
storm
runoff
. OWNER
shall
not
interfere
with
the
lawful
use
by
others
of
easements
and
rights-of-way.

Nothing
in
this
agreement
, the
specification,
or
other
contract
documents,
or
CITY
's
approval
of
the
plans
and
specifications
or
inspection
of
the
wo
rk,
shall
relieve
the
OWNER
or
contractor
of
full
responsibility
for
all
aspects
of the
work
.

CITY,
City
Council
Members,
CITY's
Engineer,
and
their
consultants,
and
each
of
their
officials,
directors,
officers
, employees,
and
agents
shall
have
liability
for
any
aspect
of
the
work.
•

4. OWNER'S
INDEMNIFICATION:

For
Claims
(as
defined
herein)
arising
out
of
the
work
co
_ntemplated
to
be
performed
by
OWNER
under
this
agreement,
CITY
and
its
elected
and
appointed
boards,
officials,
officers
,
agents,
employees
and
vo
lunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
OWNER
or
any
other
person
for,
and
OWNER
shall
indemnify,
protect
and hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
act
ions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens
,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property
,
loss
of
use
of
property
,
economic
loss
or
otherwise
occurring
as
a
result
of
OWNER's
negligent
performance under
this
agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
OWNER,
its
agents
, officers
, directors,
contractors,
or
employees
.
5 of
14 The
foregoing
obligations
of
OWNER
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
negligence
or
willful
misconduct
of
CITY
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
.

In
any
and
all
Claims
against
CITY
by
any
employees
of
the
OWNER
, anyone
directly
or
indirectly
employed
by
OWNER,
or
anyone
for
whose
acts
OWNER
may
be
liable,
the
indemnification
obligation
under
this
Section
4 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages
, compensation
or
benefits
payable
by
or
for
the
OWNER
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts
.

OWNER
shall
also
indemnify
and
hold
harmless
CITY
, City
Counc
il Members
, CITY
's Engineer,
and
their
consultants
, and
each
of
their
officials
, directors
, officers
, employees
and
agents
from
and
against
all
losses,
expenses
, damages
(including
damages
to
the
work
itself),
attorneys
fees,
and
other
costs,
including
costs
of
defense,
which
any
of
them
may
incur
both
during
and
after
completion
with
respect
to
any
latent
deficiency
in
the
design
, specifications,
surveying
,
planning
, supervision,
observation
of
or
construction
of
the
improvements
referred
to
herein
or
any
injury
to
a
person
or
property
, real
or
personal,
as
a
result
of
any
such
latent
deficiency
.

CITY's
costs
shall
include
the
cost
of
inspecting
and
restoring
other
portions
of the
work
which
CITY
reasonably
suspects
may
also
be
defective
by
reason
of
known
defects
in
the
work
or
other
work
performed
by
OWNER
or
OWNER's
contractors
, subcontractors
, or
suppliers
or
Agreement
- 3
of
8 April 7, 2026, Item #7
designed
by
their
representatives.

Provisions
of
th
is
Paragraph
4 shall
remain
in
effect
ten
(1
0)
years
following
acceptance
of
improvements
by
the
CITY
.

Nothing
contained
herein
shall
limit
CITY's
remedies
pursuant
to
Code
of
Civil
Procedure,
Section
337
.15
.

5. SECURITY
:

With
the
execution
of
this
agreement,
OWNER
shall
furnish
and
deliver
to
CITY
,
at
no
expense
to
CITY,
a
payment
bond
and
a
performance
bond
. Each
shall
be
in
the
amount
of
the
CITY
-approved
est
imate
specified
on
Schedule
A.

Bonds
shall
be
furnished
by
surety
companies
satisfactory
to
the
CITY
on
the
forms
provided
by
CITY
.

No
alterations
or
substitution
of
said
forms
will
be
allowed
.

To
be
acceptable,
surety
companies
must
be
authorized
to
do
bus
iness
and
have
an
agent
for
service
of
process
in
California,
be
on
the
accredited
list
of
the
United
States
Treasury
Department,
and/or
have
an
"A"
policy
holders
rating
and
a
financial
rating
of
Class
XI
or
better
in
accordance
with
the
current
"Best's
Rating
."
The
bonds
will
be
limited
to
amounts
acceptable
to
the
Treasury
Department.

None
of
the
following
shall
in
anywise
affect
the
obligations
of
any
surety
.

Each
surety
waives
notice
thereof
:
(a)
any
change,
extension
of
time,
alteration
, or
additions
to
the
terms
of
the
agreement,
or
the
work
to
be
performed,
or
the
plans
and
specifications
therefore;
(b)
any
matters
unknown
to
surety
which
might
affect
surety
's
risk
except
that
CITY
will
advise
surety
upon
request
of
the
following
:
(1)
any
written
claims
it receives
from
unpaid
subcontractors
or
suppliers,
and
(2)
any
written
orders
received
from
other
public
authorities
charging
violations
of
laws,
ordinances
or
regulations
, and
(3)
failure
of
OWNER
to
comply
with
any
written
notice
to
correct
defective
work
. The
obl
igations
of
OWNER
shall
not
be
limited
by
the
amount
of
such
bonds
.

6. TYPES/AMOUNT
OF
SECURITY:

In
lieu
of
payment
and
performance
bonds,
OWNER
may
furnish
CITY
either
cash,
a
Letter
of
Credit,
or
an
Agreement
of
Deposit
as
security
for
performance
.

Said
security
shall
be
in
amount
no
less
than
one
hundred
percent
(100%)
of
the
cost
est
imate
and
, in
addition,
for
payment
of
those
furnishing
materials
, labor
or
equ
ipment
in
amount
not
less
than
fifty
percent
(50%)
of
the
cost
estimate
.

Said
security
agreements
shall
be
on
forms
furnished
by
CITY.

No
alterations
or
substitution
of
said
forms
will
be
allowed.

The
obligations
of
OWNER
shall
not
be
limited
by
the
amount
of
the
security
required
.

7. COSTS
AND
DEPOSITS:

OWNER
agrees
to
pay
CITY,
on
demand,
the
full
amount
of
all
of
CITY's
costs
incurred
in
connect
ion
with
the
work
and
this
agreement.

These
costs
include
, but
are
not
limited
to,
plan
checking,
inspection,
materials
furnished,
attorneys
fees
incurred
in
connection
with
preparing
and
negotiating
this
agreement
, and
all
other
expenses,
including
engineers
and
attorneys
fees
of
CITY,
directly
attributable
to
the
work
and
this
agreement.

These
costs
shall
include
a
reasonable
amount
for
CITY's
overhead
in
connection
therewith,
plus
any
applicable
fees
of
CITY
. CITY's
costs
shall
include
the
cost
of
inspecting
and
restoring
other
portions
of
the
work
both
during
and
after
acceptance,
which
CITY
reasonably
suspects
may
also
be
defective
by
reason
of
known
defects
in
the
work
or
other
work
performed
by
OWNER
or
OWNER's
contractors,
subcontractors,
or
suppliers
or
designed
by
their
representatives.

OWNER
shall
deposit
with
CITY
concurrently
with
the
execution
of
this
agreement,
such
sums
as
the
CITY
establishes
as
deposits
set
forth
on
Schedule
A.

Should
the
actual
expenses
be
in
excess
of
the
depos
it set
forth
on
Schedule
A,
OWNER
shall
pay
the
amount
of
such
excess
on
demand
.

Should
the
actual
expenses
be
less
than
the
estimated
depos
it on
Schedule
A,
the
difference,
without
interest,
shall
be
refunded
to
OWNER
within
ninety
(90)
days
of
acceptance
of
work
by
CITY;
provided,
however,
the
CITY
shall
have
the
right
first
to
apply
any
excess
monies
to
any
other
obligation
which
OWNER
might
have
to
CITY
.

Said
deposit
is
not
a
trust
fund
and
said
deposit
may
be
co-ming
led
with
other
similar
deposits.

8. PARTIAL
UTILIZATION:

Until
all
work
has
been
completed
and
accepted
by
CITY
and
all
other
Agreement
-4 of
8 6
of
14 April 7, 2026, Item #7
public
authorities
having
jurisdiction,
OWNER
shall
be
responsible
for
the
care
, maintenance
of,
and
any
damage
to
the
work
.

When
the
work
or
any
portion
of
it
is
sufficiently
complete
to
be
utilized
or
placed
into
service,
CITY
shall
have
the
right
upon
written
notification
to
OWNER
to
utilize
such
port
ions
of
the
work
and
to
place
the
operable
port
ions
into
service
.

With
this
notice
and
commencement
of
utilization
or
operation
by
the
CITY,
OWNER
shall
be
relieved
of
the
duty
of
maintaining
the
portions
so
utilized
or
placed
into
operation.

However,
such
use
and
operation
shall
not
relieve
OWNER
of
the
full
responsibility
for
completing
the
work
in
its
entirety,
for
making
good
defective
work
and
materials,
for
protecting
the
work
from
damage,
and
for
being
responsible
for
damage
and
for
the
work
as
set
forth
herein
.

Nor
shall
such
act
ion
by
CITY
be
deemed
completion
and
acceptance.

Further,
such
action
shall
not
relieve
OWNER,
or
OWNER's
sureties
and
insurers,
of
the
provisions
hereof
relating
to
indemnity
and
guarantees.

9. ACCEPTANCE
OF
PROJECT/WARRANTY:

Acceptance
of
the
wo
rk
shall
only
be
by
action
of
the
City
Council.

Neither
the
acceptance
nor
any
prior
inspections
or
failure
to
inspect
shall
constitute
a
waiver
by
CITY
of
any
defects
in
the
work
.

From
and
after
acceptance,
the
work
shall
be
owned
and
operated
by
CITY
.

As
a
condition
to
acceptance
, OWNER
and
OWNER's
contractor
shall
each
cert
ify
to
CITY
in
writing
that
all
of
the
work
has
been
performed
in
strict
conformity
with
the
agreement
and
that
all
costs
have
been
paid
or
supply
to
CITY
security
,
satisfactory
to
CITY,
guaranteeing
such
performance
.
7 of
14 In
addition
to
OWNER's
other
obligations
under
the
agreement,
OWNER
warrants
all
work
and
materials
to
be
of
good
quality
and
fit
for
the
purpose
and
intended
use
.

OWNER
shall
repair,
replace
, and
restore
any
and
all
such
wo
rk
which
may
prove
defective
in
workmanship
and/or
materials
, without
expense
whatsoever
to
CITY;
ordinary
wear
and
tear
and
unusual
abuse
or
neglect
excepted
.

OWNER
shall
also
repair,
replace
, and
restore
any
other
work
which
is
displaced
in
correcting
defective
work,
as
well
as
other
portions
of
the
work
which
CITY
by
reason
of
such
defects
reasonably
suspects
may
also
be
defective.

OWNER
shall
provide
a
warranty
bond
or
other
security
satisfactory
to
CITY
for
a
period
of
one
(1)
year
.

Said
bond
or
other
security
shall
be
in
an
amount
satisfactory
to
CITY,
but
in
no
case
less
than
ten
(10)
percent
of
project
cost.

Said
bond
or
other
security
shall
in
no
way
lim
it the
time
within
which
CITY
may
bring
action
for
breach
of
this
warranty
(CCP
337)
or
action
for
latent
defects
(CCP
337
.15)
nor
the
amount
of
such
claim
or
judgment.

In
the
event
of
a
failure
to
commence
with
the
compliance
of
above-mentioned
conditions
within
seven
(7)
calendar
days
after
being
notified
in
writing
or
failure
to
diligently
pursue
such
compliance
to
completion
, CITY
is
hereby
authorized
to
proceed
to
have
the
defects
repaired
and
made
good
at
the
expense
of
OWNER
who
hereby
agrees
to
pay
the
cost
and
charges
therefor
immediately
on
demand
.

If, in
the
opinion
of
CITY
, nonconforming
work
creates
a
dangerous
condition
or
requires
immediate
correction
or
repair
to
prevent
further
loss
to
CITY
or
to
prevent
interruption
of
operations,
CITY
will
attempt
to
give
the
OWNER
notice
.

If
OWNER
cannot
be
contacted
or
does
not
comply
with
CITY's
request
for
correction
within
a
reasonable
time
as
determined
by
CITY,
CITY
may
proceed
to
make
such
correction
or
provide
such
repair.

The
costs
of
such
correction
or
repair
shall
be
charged
against
OWNER,
who
agrees
to
make
payment
for
said
costs
upon
demand
.

Corrective
action
by
CITY
will
not
relieve
OWNER
or
OWNER's
sureties
or
insurers
of
the
guarantees
and
indemnities
of
this
agreement.

This
paragraph
does
not
in
any
way
limit
CITY's
remedies
pursuant
to
Code
of
Civil
Procedure,
Agreement
-5 of
8 April 7, 2026, Item #7
Section
337
and
337
.15,
or
the
guarantee
on
any
items
for
which
a longer
guarantee
is
specified
or
on
any
items
for
which
a
manufacturer
or
supplier
gives
a
longer
guarantee
period
. OWNER
agrees
to
act
as
a
co-guarantor
with
such
manufacturer
or
supplier,
and
shall
furnish
CITY
all
appropriate
guarantee
or
warranty
certificates
upon
completion
of
the
project.

No
manufacturers
guarantee
period
shall
in
any
way
limit
the
liability
of
OWNER
or
OWNER's
sureties
and
insurers
under
the
indemnity
or
insurance
provisions
of
this
agreement.
10 .

EASEMENTS
AND
FEE
INTERESTS:

OWNER
shall
at
OWNER
's
sole
cost
and
expense,
furnish
CITY
with
appropriate
easements
and
fee
title
to
required
facilities
sites
for
the
entire
work,
free
and
clear
of
all
liens,
encumbrances,
restrictions,
and
covenants
, other
than
current
real
property
taxes
then
a
lien
but
not
yet
payable
.

At
OWNER
's
cost
and
expense,
OWNER
shall
furnish
CITY
with
an
acceptable
title
insurance
policy
insuring
CITY
has
title
as
required
above
with
an
endorsement
insuring
CITY
against
mechanic's
lien
claims
arising
out
of
the
performance
of
the
work.

Easements shall
be
in
standard
form
acceptable
to"
CITY,
shall
be
not
less
than
the
width
CITY
determines
necessary
to
maintain
the
work and
shall
be
executed
and
delivered
to
CITY
concurrent
with
execution
of
this
agreement.

Easements
shall
be
recorded
prior
to
CITY
accepting
the
work
or
furnishing
services
to
any
portions
of
the
property
under
development
(other
than
those
as
may
be
delivered
under
a
temporary
service
agreement
with
OWNER).

11. CONTRACTORS
AND
AGENTS:

OWNER
shall
be
as
fully
responsible
to
CITY
for
the
acts
and
omissions
of
OWNER's
contractor
and
of
the
persons
directly
or
indirectly
employed
by
OWNER's
contractor
as
OWNER
is
for
the
acts
and
omissions
of
persons
directly
or
indirectly
employed
by
OWNER
Nothing
contained
in
the
agreement
shall
create
any
contractual
relationship
between
any
contractor
or
others
and
CITY
.

OWNER
shall
bind
every
contractor
to
be
bound
by
the
terms
of
this
agreement.

12. DEFAULT
BY
OWNER:

OWNER
shall
be
in
default
of
this
agreement
if,
in
the
sole
discretion
of
the
CITY,
OWNER
refuses
or
fails
to
construct
the
improvements
required
hereby
in
a
workmanlike
manner,
or
OWNER
refuses
or
fails
to
prosecute
the
work
or any
separable
part
thereof
with
such
diligence
as
will
ensure
its
completion
within
the
time
specified
herein,
or
any
written
extension
thereof,
or
fails
to
complete
such
work
within
such
time,
or
if
OWNER
should
be
adjudged
bankrupt,
make
a
general
assignment
for
the
benefit
of
creditors,
or
if a
receiver
should
be
appointed
on
account
of
OWNER's
insolvency
or
if OWNER
or
the
contractor,
or
any
of
their
subcontractors
violate
any
of
the
provisions
of
this
agreement,
or
if OWNER
fails
to
make
prompt
payment
for
materials
or
labor
or
if OWNER
disregards
laws,
ordinances,
or
instructions
of
CITY.

CITY
shall
serve
written
notice
upon
the
OWNER
and
OWNER's
surety
of
its
intention
to
declare
this
agreement
in
default.

Said
notice
will
contain
the
reasons
for
such
intention
to
declare
a
default.

Unless,
within
ten
(10)
days
after
the
service
of
such
notice
, such
violations
shall
cease
and
satisfactory
arrangements
for
the
corrections
thereof
be
made
, this
agreement
shall
upon
the
expiration
of
said
time
be
in
default.
8 of
14 Upon
such
default
, CITY
shall
serve
written
notice
thereof
upon
the
surety
and
OWNER,
and
the
surety
shall
have
the
right
to
take
over
and
perform
this
agreement.

If
the
surety
does
not,
within
fifteen
(15)
days
after
the
serving
upon
it
of
a
notice
of
default,
give
CITY
written
notice
of
its
intention
to
take
over
and
perform
this
agreement
or
does
not
commence
performance
thereof
within
thirty
(30)
days
from
the
date
of
CITY's
notice,
CITY
may
take
over
the
work
and
prosecute
the
same
to the
extent
of
completion
it deems
necessary
by
contract
or
by
any
other
method
it
may
deem
advisable
for
the
account
and
at
the
expense
of
OWNER,
and
the
surety
shall
be
liable
to
CITY
for
any
cost
or
other
damage
occasioned
CITY
thereby
.

In
such
event,
CITY
may,
without
liability
for
so
doing,
take
possession
of
and
utilize
in
completing
such
work,
such
materials,
appliances,
plants,
and
other
property
belonging
to
OWNER
that
may
be
on
the
site
of
the
work
and
be
necessary
therefore
.

Should
surety
fail
to
take
over
and
diligently
Agreement
-6 of
8 April 7, 2026, Item #7
perform
the
agreement
upon
Principal's
default,
surety
agrees to
promptly,
on
demand,
deposit
with
CITY
such
amount
as
CITY
may
reasonably
estimate
as
the
cost
of
completing
all
of
OWNER's
obligations
.

For
any
such
work
that
CITY
elects
to
complete
by
furnishing
its
own
employees,
materials,
tools,
and
equipment,
CITY
shall
receive
reasonable
compensation
therefore,
including
costs
of
supervision
and
overhead
.

CITY
may,
at
its
option,
elect
not
to
complete
any
or
all
of
the
work
and
may
elect
not
to
accept
any
of
the
work
already
completed.

If
CITY
elects
not
to
accept
any
of
the
work,
then
all
CITY's
obligations
to
OWNER
and
the
lands
to
be
served
shall
terminate.

CITY's
obligations
to
OWNER
and
the
lands
to
be
served
shall
continue
to
the
extent
of
any
acceptance,
subject
to
CITY's
right
to
offset
any
sums
due
it.

The
foregoing
provisions
are
in
addition
to,
and
not
in
limitation
of,
any
other
rights
or
remedies
available
to
CITY.
13 .

REMOVAL
OF
IMPROVEMENTS:

If
the
work
is
suspended
or
otherwise
not
continuously
prosecuted
for
any
cause
whatsoever,
within
or
without
the
time
for
completion
, OWNER
shall,
at
OWNER's
sole
cost
and
expense,
remove
and
replace
all
or
any
portion
of
the
work
already
completed
and
inspected
which
CITY,
in
its
sole
discretion,
determines
is
substandard
,
damaged,
or
may
constitute
danger
to
the
public.

14. ATTORNEY
FEES
AND
COSTS:

Should
CITY
engage
an
attorney
to
enforce
any
provision
of
this
agreement
or
to
defend
any
claim
brought
by
anyone
arising
out
of
the
failure
of
OWNER
to
perform
any
of
OWNER's
obligations
under
this
agreement,
OWNER
shall
pay
all
of
CITY's
attorney's
fees
incurred
in
connection
therewith,
with
or
without
suit,
whether
or
not
said
attorney
is
in
the
regular
employ
of
the
CITY
.

15. FUTURE
CHARGES:

Nothing
in
this
agreement
shall
relieve
OWNER
or
OWNER's
successors
or
assigns
of
any
obligation
to
pay
any
connection,
installation,
expansion
or
other
fees,
charges,
or
other
expenses,
including
operation
and
maintenance
expenses,
required
under
any
present
or
future
established
ordinances,
rules,
regulations,
and
policies
of
CITY
.
16 .

ASSIGNMENT:

The
performance
of
the
agreement
may
not
be
assigned
, by
OWNER
except
upon
the
written
consent
of
CITY
.

Consent
will
not
be
given
to
any
proposed
assignment
which
would
relieve
OWNER
or
OWNER's
sureties
of
their
responsibilities
under
the
agreement,
unless
CITY
finds
that
assignee
can
perform
this
agreement
and
provide
security
comparable
to
that
provided
by
OWNER.
17 .

NOTICE:

All
notices
required
hereunder
shall
be
deemed
served
or
given
upon
the
earlier
of
actual
receipt
or
deposit
in
the
United
States
Mail,
first
class
postage
prepaid,
addressed
to
OWNER
at
the
address
set
forth
below,
to
the
surety
at
the
address
in
the
security
instrument;
and
to
CITY
at
P.O
. Box
789,
Poway,
California
92074-0789
.

Agreement
-7
of
8 9
of
14 April 7, 2026, Item #7
CITY
OF
POWAY
By
:

OWNER
:

McKee
Orchard
LLC

ADDRESS
:
1241
Cave
Street,
#200
La
Jolla,
Ca
92037
PHOt';JE
:
(858)
458-9700
r I
~
~
\·
\
~
,-
--
By:
."---.__
__,...
'
Ure
Kretowicz,
Manager
(Signatures
Must
Be
Notarized)
Approved
as
to
Form:

Office
of
the
City
Attorney
Alan
Fenstermacher,
City
Attorney
Date
10 of
14 Agreement
- 8
of
8 April 7, 2026, Item #7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 truthfulness, accuracy, or validity of that document.

State of California
County of San Diego
on May 4, 2023 before me, __ Y_v_o_n_ne_M_a_n_n_i_o_n-'--, _N_o_ta_ry_.__P_u_b_lic ____ _ Date Here Insert Name and Title of the Officer
personally appeared _______ C_h_r_is_H_a_z_;e'--'-lt.:.;_in'--'-e..:.._ ______________ _ Name(s) 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.

YVONNE MANNION
Notary Public • California
San Diego County
Commission 1 2363699
My Comr:i. Expires Jul 1, 2025
Place Notary Seal Above
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 seal.

Signature ,-/--;( /,,0/\-,..R--. lJ8,,,_./\:, J
U\J Signature of Notary Public
----------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Standard Agreement for Construction of Public Improvements IMP22-002 Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ______________ _
Signer Is Representing: _________ _ Signer Is Representing: ________ _ ~~'%~~~'%"g;,~~~'§X,.~~'g;."g,_~"@~~~~~~~~~~~
©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 11 of 14
April 7, 2026, Item #7
CALI
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A notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.

State
of
California
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County
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of
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who
proved
to
me
on
the
basis
of
satisfactory
evidence
to
be
the
person(s
(whose
name(s
,)"is/ar.e
subscribed
to
the
within
instrument
and
acknowledged
to
me
that
he/s
l'l'SltJ:
rey
executed
the
same
in· his/her-
ttl:rei
r,
authorized
capacity(Les-)
; and
that
by
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'l,tbe
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signature(s,
)'on
the
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the
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: or
the
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person!
ef
acted,
executed
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JESSICA
LEE
STIVES
•
Notary
Public
• California
z
San
Diego
County
~
Commission
/I 2l820'l5
-
y Comm
. Expires
l'lov
10,
2025
Place
Notary
Seal
and/or
Stamp
Above
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.

J
,-
/
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Signature
,vvi
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Signature
of
{jgtbry
Public

OPTIONAL
--'
-~---------------~
Completing this
information
can
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
an
unintended
document.

Description
of
Attached
Document
Title
or
Type
of
Document:
____________________________
_
Document
Date
: ______________________
Number
of
Pages
: ____
_
Signer(s)
Other
Than
Named
Above:
_______________________
_
Capacity(ies)
Claimed
by
Signer(s)
Signer's
Name:

Signer's
Name
:
□
Corporate
Officer
-
Title(s)
: ______
_
□
Corporate
Officer
-
Title(s):
______
_
□
Partner
-
□
Limited
□
General
□
Partner
-
□
Limited
□
General
□
Individual
□
Attorney
in
Fact
□
Individual
□
Attorney
in
Fact
□
Trustee
□
Guardian
of
Conservator
□
Trustee
□
Guardian
of
Conservator
□
Other
:
□
Other
:

Signer
is
Representing:
_________
_
Signer
is
Representing
: _________
_
©
2017
National
Notary
Association
12 of
14 April 7, 2026, Item #7
OWNER:

McKee
Orchard
LLC
Apr:
i I II
8023
Agreemefit
Date

SCHEDULE
A
TO

STANDARD

AGREEMENT
FOR

CONSTRUCTION
OF
PUBLIC

IMPROVEMENTS
(McKee
Orchard
IMP22-002)
This
schedule
is
attached
to
and
made
a
part
of
the
Standard
Agreement
for
Construction
of
Public
Improvements
between
CITY
and
OWNER
for
the
above-referenced
project.

The
following
correspond
to
the
paragraph
numbers
of
the
agreement.

1. Completion
Date:

2. Liability
Insurance
Limits:

3. a.

Approved
Cost
Estimate:
b.

Approved
Security
Amount:

Performance Payment (Labor
&
Materials)

4. Deposit/Fee
Amount:

Prior
to
issuance
of
first
Building
Permit
or
two
(2)
years
from
the
date
of
this
agreement,
whichever
comes
first.
$2,000,000.00,
combined
limit
each
occurrence
$426,600
.00
$426,600
.00
$213,300.00 See
Note
Below

5. Warranty
Security
Amount:
=$4....;.;2=·=6..;:..60=·a...=.0=0
_________
_
(To
be
posted
prior
to
acceptance
of
work)
Note:

Prior
to
start
of
construction,
a
deposit
shall
be
paid
to
the
City
to
cover
inspection
fees
and
related
post-plan
approval
tasks.

The
minimum
deposit
shall
be
based
on
the
City's
fee
rate
at
the
time
of
payment.

Schedule
A
to
Standard
Agreement
- 1
of
1 13
of
14 April 7, 2026, Item #7
OWNER
McKee
Orchard
LLC
Agr~ment
Date

SCHEDULE
B
(MONUMENT

SETTING)
TO

STANDARD

AGREEMENT
FOR

CONSTRUCTION
OF
PUBLIC

Security
Amount:
~$-'1-'-7-=,2~0-"-0-'-".0~0
_____
_

1. Monument
Setting.

OWNER
at
OWNER's
sole
cost
and
expense
shall
within
thirty
(30)
days
of
acceptance
of
the
work,
cause
a
licensed
surveyor
engineer
to
set
all
monuments
and
stakes
not
installed
on
the
date
of
recording
of
the
Final
Map
for
the
above
reference
property,
or
which
having
been
set
were
removed,
altered
or
destroyed
before
acceptance. 2.

Security
Deposit.

OWNER
concurrently
herewith
shall
deposit
the
amount
specified
above
in
a
form
approved
by
the
City
engineer,
as
additional
and
independent
security
for
the
performance
of
the
setting
and
payment
of
the
engineer
or
surveyor.

3. Notice
of
Setting.

Within
five
(5)
days
after
the
final
setting
of
all
monuments
has
been
completed,
the
engineer
or
surveyor
shall
give
written
notice
thereof
to
OWNER
and
the
CITY
.

4. Payment
of
Engineer.

Upon
completion
of
setting
to
CITY's
satisfaction
and
payment
to
the
engineer
or
surveyor,
OWNER
shall
present
to
CITY
evidence
of
such
payment
and
receipt
thereof
by
the
engineer
or
surveyor
and
the
deposit
will
then
be
refunded
to
OWNER.

5. Nonpayment.

If OWNER
does
not
present
evidence
of
payment
and
if the
engineer
or
surveyor
notifies
the
CITY
of
nonpayment,
the
CITY
may,
within
three
(3)
months
from
the
date
of
said
notification,
pay
the
engineer
or
surveyor
the
amount
due
from
any
deposit
or
security
therefor.

6. Death
or
Disability
of
Engineer.

Upon
the
death,
disability
or
retirement
from
practice
of
or
refusal
to
act
by
the
engineer
or
surveyor
charged
with
the
responsibility
for
setting
monuments,
CITY
may
direct
its
engineer
or
such
engineer
or
surveyor
as
it
may
select,
to
set
the
monuments.

If
the
original
engineer
or
surveyor
is
replaced
by
another,
the
former
may,
by
letter
to
CITY,
release
the
right
to
set
the
final
monuments
to
the
substitute
surveyor
or
engineer.

When
the
monuments
are
so
set,
the
substitute
engineer
shall
amend
any
Final
Map
in
accordance
with
the
correction
and
amendment
provisions
of
Sections
66469
through
66472
of
the
Subdivision
Map
Act.

All
provisions
of
this
agreement
relating
to
payment
shall
apply
to
the
service
performed
by
the
substitute
engineer
or
surveyor.
14 of
14 DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
April 7, 2026
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources and Risk Management � Lenai Bustos, Management Analyst, HR
(858) 668-4443 or [email protected]
Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (Cal PERS) and the City of Poway to Incorporate Language from the California Public Employees' Pension Reform Act (PEP RA) of 2013 The City contracts with CalPERS, the nation's largest public pension fund, for public employee retirement benefits. On
January 1, 2013, the Public Employees' Pension Reform Act, known as PEPRA took effect. PEPRA was enacted to reduce pension costs and ensure long-term sustainability of the retirement system. At the time PEPRA was implemented, CalPERS did not require a formal contract amendment to incorporate the benefit changes mandated by law. CalPERS is now requiring contract agencies in California, including
the City of Poway, amend their current contracts with CalPERS to include
PEPRA language. This is a clean up item only and does not enhance, reduce or change any retirement benefits with CalPERS.

Recommended Action:

It is recommended
the City Council adopt the attached Resolution of Intention to approve the amendment to the contract between the Board of Administration of California Public Employees' Retirement System (Cal PERS) and to proceed with the first reading of the ordinance authorizing the amendment to the contract, as required by the retirement system and government code, waive further reading, and schedule the adoption of the ordinance for the May 5, 2026 Regular City Council meeting.

Discussion:

CalPERS is working with approximately 200 agencies across California who have not had contract amendments since the implementation of PEP RA on January 1, 2013. The City of Poway has not made any contract amendments since PEPRA was implemented and CalPERS reached out to City staff to request an amendment to the current contract. Cal PERS requires that both a Resolution of Intention and Ordinance be approved by the City Council to amend the current contract with Cal PERS to include PEPRA language. The Resolution of Intention is attached (Attachment A) and initiates the process for 1 of 17
April 7, 2026, Item #8
April 7, 2026, Item #8
the contract amendment. CalPERS requires that the City adopt this Resolution of Intention at least twenty (20) days prior to adopting an Ordinance approving the contract amendment. Attachment Bis the proposed Ordinance Authorizing an Amendment to the Contract Between the City Council of the City of Poway and the Board of Administration of Cal PERS. This is the first reading of the Ordinance, with a second and final reading scheduled for adoption at the May 5, 2026 Regular City Council meeting. Introduction of the attached Ordinance tonight allows for timely notice prior to Council action adopting the final Ordinance. Attachment C is the amendment to the Cal PERS contract provided and required by Cal PERS as Exhibit A to the Ordinance.

The changes to the contract include references to "new local miscellaneous" and "new safety employees" (hired after January 1, 2013). CalPERS also added standard indemnification language on pages 2 and 3 of Exhibit A. The changes do not include any other new enhancements or reductions in benefits.

Environmental Review:

This action is not subject to review under the California Environmental Act (CEQA).

Fiscal Impact:

There is no fiscal impact on this item. The changes are administrative only to reflect changes made by the implementation of the Public Employees' Pension Reform Act of 2013.

Public Notification:

None.

Attachments:

A. Resolution of Intention
B. Ordinance
Reviewed/Approved By:

Assistant City Manager
2 of 17
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
April 7, 2026, Item #8

RESOLUTION
NO
. 26-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,
TO

APPROVE
AN

AMENDMENT
TO

CONTRACT

BETWEEN
THE
BOARD
OF

ADMINISTRATION

CALIFORNIA
PUBLIC

EMPLOYEES'

RETIREMNT
SYSTEM
AND
THE
CITY
OF
POWAY

WHEREAS,
the
Public
Employees'
Retirement
Law
permits
the
participation
of
public
agencies
and
their
employees
in
the
Public
Employees'
Retirement
System
by
the
execution
of
a
contract
, and
sets
forth
the
procedure
by
which
said
public
agencies
may
elect
to
subject
themselves
and
their
employees
to
amendments
to
said
Law;

WHEREAS,
one
of
the
steps
in
the
procedures
to
amend
this
contract
is
the
adoption
by
the
governing
body
of
the
public
agency
of
a
resolution
giving
notice
of
its
intention
to
approve
amendment
to
said
contract,
which
resolution
shall
contain
a
summary
of
the
change
proposed
in
said
contract;
and

WHEREAS,
the
following
is
a
statement
of
the
proposed
change:

To
include
Public
Employees'
Pension
Reform
Act
Language.

NOW,

THEREFORE,
BE
IT

RESOLVED
that
the
governing
body
of
the
City
of
Poway
does
hereby
give
notice
of
intention
to
approve
an
amendment
to
the
contract
between
the
City
of
Poway
and
the
Board
of
Administration
of
the
Public
Employees'
Retirement
System,
a
copy
of
said
amendment
being
attached
hereto,
as
"Exhibit
A"
and
by
this
reference
made
a part
hereof.

PASSED,

APPROVED
AND

ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
7th
day
of
April,
2026
by
the
following
vote,
to
wit:

AYES
:

NOES: ABSTAINED: ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher
, CMC,
City
Clerk
3 of
17 ATTACHMENT
A
April 7, 2026, Item #8
4 of
17 EXHIBIT
A
A CalPERS
California
Public
Employees'
Retirement
System
-=-====
♦
--====
Resolution
No.
26-
Page
2 EXHIBIT

AMENDMENT
TO

CONTRACT
Between
the
Board
of
Administration
California
Public
Employees'
Retirement
System
and
the
City
Council
City
of
Poway
_
____,;;;;;;;;:::;;a;;;;;i;;:;a;;;g
•
-=-====
The
Board
of
Administration,
California
Public
Employees'
Retirement
System,
hereinafter
referred
to
as
Board,
and
the
governing
body
of
the
above
public
agency,
hereinafter
referred
to
as
Public
Agency,
having
entered
into
a contract
effective February
1,
1981,
and
witnessed
January
28,
1981,
and
as
amended
effective
December
6,
1982,
December
19,
1986,
April
3,
1989,
June
25,
1990,
January
7,
1991,
July
7,
1993,
September
8,
1993,
September
20,
2000,
December
6,
2000,
June
25,
2001,
December
23,
2002,
November
17,
2004,
and
January
9,
2012,
which
provides
for
participation
of
Public
Agency
in
said
System,
Board
and
Public
Agency
hereby
agree
as
follows:

Paragraphs
1 through
17 are
hereby
stricken
from
said
contract
as
executed
effective
January
9,
2012,
and
hereby
replaced
by
the
following
paragraphs
numbered
1 through
19 inclusive:

April 7, 2026, Item #8
5 of17
Resolution No. 26-

Page 3 ends

Poway City CouncilApril 7, 2026

Poway City Council
April 7, 2026