Poway City Council
April 7, 2026

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.

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
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.

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.
4 of59
April 7, 2026, Item #6

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

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 #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.

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.
6 of 59
April 7, 2026, Item #6

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.

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.
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.

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.
9 of59
April 7, 2026, Item #6

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.

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)
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
.

B.

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.

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
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:

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.
13 of 59
April 7, 2026, Item #6
E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of 59
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.
16 of 59
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.
25 of 59
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.

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
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
.

IN

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
.

IN

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

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.

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\\\\\\

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.

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
:

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
undertak
ing
to
which
it is
attached
.

IN

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
.

IN

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.

BY

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.

IN

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.

IN

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.

IN

WITNESS

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

NOTICE:

U.

S.

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:

IN

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.