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HomeMy WebLinkAboutPRECISION CONCRETE CUTTING (SOUTHERN CALIFORNIA PRECISION CONCRETE INC.) APR 1 7 2026 �:awac�l Rr}�+pYLI?clrigU2lCpt) AGREEMENT WITH SOUTHERN CALIFORNIA PRECISION CONCRETE INC. TO PROVIDE SIDEWALK REMEDIATION AND ASSESSMENT SERVICES THIS AGREEMENT is made and entered into on this 23rd day of February,2026 by and between Southern California Precision Concrete Inc,,a California corporation,doing business as Precision Concrete Cutting, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of sidewalk offset remediation and sidewalk assessment services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed$50,000, b. Payment by City shall be made within forty-five(45)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation, Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance Page 1 of 8 set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a one (1) year term, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement;however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings,estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Docurnprits & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Exhibit C. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors,special counsel,and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons Page 2 of 8 acting on its behalf which relates to the services described in section I of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered,or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of,or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless,and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8,the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to,or relate to the negligence, recklessness, or willful misconduct of the Contractor. S. INTELLECTUAL PROPERTY INDENINIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three(3)years,or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary,Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered Page 3 of 8 by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a) has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law;or(e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former frill-time employee for one-year from date of employee separation except for any CaIPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above.If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selectingor administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections(b)and (c)above. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race,color,creed, religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin,ancestry,or disability, as defined Page 4 of 8 and prohibited by applicable law, to the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements,oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof,shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer,delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s)completed as of such date, and in such case such work,product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by Page 5 of 8 the party waiving the breach,failure, right or remedy.No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out:of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice,tender, demand,delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid,or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1989 Fax- 714-647-6956 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O.Box 1988 Santa Ana, California 92702 To Contractor: Page 6 of 8 Ronald Durna Jr. President Southern California Precision Concrete Inc. DBA Precision Concrete Cutting 13089 Peyton Dr.#C235 Chino Hills, CA 91709 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends,federal, state,County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. b, All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 7 of 8 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF TA ANA o yenJi ` V- ennifer l l ^'� , Alvaro Nunez City C1 k City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR City Attorney Kyle,Nellesen Ronald 4DuP Assistant City Attorney President RECOMMENDED FOR APPROVAL: Rodolfo Rosas, PE Acting Executive Director Public Works Agency Page 8 of 8 EXHIBIT A SCOPE OF SERVICES Services include the remediation of concrete sidewalk offsets and sidewalk assessment services at various locations citywide. Project Manager or designee will assign work on as needed basis and per the agreed upon fee schedule. Pricing is inclusive of all costs, including but not limited to,direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans, the latest version of the Standard Specifications for Public Works Construction"Greenbook"and as specified in this Scope of Services. Concrete Remedlation Services Services include the remediation of concrete sidewalk offsets in designated work areas within the City of Santa Ana. Services must remove offsets completely, from one end of the raised sidewalk joint to the . other, if applicable, leaving zero point of differential between concrete slabs. The service provided must repair each sidewalk offset without damage or visible markings to adjacent slab(s)or curb(s)and shall not cause any damage to landscaping,retaining walls,curbs,sprinkler heads,utility covers or any other objects adjacent to sidewalks. Any damages to existing infrastructure shall be repaired or replaced at the contractor's expense. 0 EquipmenVProcess Required Contractor must use a horizontal saw cutting technique that guarantees a planar surface after cutting. Contractor must guarantee specified repair slope (1:8 or 1:12 based upon requirements outlined by the City) is achieved. Contractor must guarantee that the removed offset will have a uniform appearance and texture.The finished surface shall have a coefficient of friction of at least 0.6 and show via previous testing that the technique used yields the specified coefficient of friction. The equipment used must be flush to the ground and capable of working at any angle and perform offset removal in hard-to-reach areas, around obstacles, on narrow walkways, next to fences and retaining walls or buildings. Grinding or pulverization of the concrete is NOT acceptable or allowed, causing micro-cracks or weakening the concrete panel. Contractor's offset repairs may not leave ridges or grooves that could hold water and prevent drainage of rain water or irrigation. Contractor must use a dust abatement system that limits the dust emitted from the cutting. No water-cooling is allowed which creates slurry and contaminates storm drains and causes excessive environmental impact. All clean-up services must be included in the quotation price and may not be charged at an additional rate. All clean-up will consist of full clean-up of all debris after each concrete cutting is performed. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately. • Data Collection A data collection device that records the details of the work and transmit the data electronically shall be used. The recording device must be able to record sizes of trip hazards,GPS coordinates, before and after pictures, hazard locations plotted to a map, address, and also provide this data electronically in order to integrate into a GIS system. The City of Santa Ana will inspect repairs to ensure the repair specifications are being met. The contractor at no cost to the City is responsible to fix any failed repairs. Sidewalk Assessment Services Services include the inspection of City owned (public right of way)sidewalks,driveway aprons,curb and gutters and wheelchair ramps in designated areas within the City of Santa Ana and provide a written inspection report in the format approved by the City. The inspection reports shall include the identification,location,description of each problem,associated measurements,pictures and recommended repair method. The format and information required may be changed at the request of City with the agreement of both parties. I. Contractor shall inspect public rights-of-way as assigned by the Project Manager or Designee. 2. Contractor shall use current ADA.standards and City standards in evaluating sidewalk conditions. 3. Scope of evaluation shall include, but not be limited to the following: a) Differential vertical displacement between sidewalk sections of 318" inch or greater b) Spall surfaces, holes in surfaces,and cracks above I inch wide or greater c) Deteriorated joints that have an eroded condition and are 1f2"wide or greater 4. Contractor shall record location of damaged sections in a GPS device. 5. Data entered into the GPS device shall be provided in writing to the City. 6. Contractor shall provide written inspection report that shall include,but not be limited to: a) Identification and description of each problem condition b) Physical address and location including GPS location data c) Size of the hazards in height, length,and square foot d) Probable cause of the hazard, if evident e) Pictures of damaged areas f) Priority for repair, high,medium, low g) Recommended action to be taken. 7. Contractor shall report to the City the results of the inspection upon completion, Work Hours The Contractor's activities shall be confined to the following hours: 7:00 a.m. to 4:00 p.m.,Monday through Friday Deviation from these hours or weekend work shall not be permitted without the prior consent of the Project Manager or Designee,except in emergencies involving immediate hazard to persons or property. Traffic Control Street closures, detours, signs and barricades used for handling traffic shall conform to the requirements of latest edition of the"Work Area Traffic Control Handbook"(WATCH),City Standard Plan 1125F(SP 1125F)and these Special Provisions Compensation for all traffic control shall be considered paid for under other items of work involved, and no additional compensation will be allowed therefore. Invoices Invoices shall be submitted monthly and shall include description of services performed in accordance with the fee schedule, All invoices must show the address locations and the type of work performed. Contract Termination The City reserves the right to terminate contract,without penalty,for cause immediately or without cause after 30-days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the bid proposal. If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative days, the City may at its option terminate the balance of this contract by written notice of termination to the Contractor.Notice of such termination shall take effect 15 days after such notice is mailed. CONTRACTOR REOUTRE1yIENTS License Requirements Contractor's License: In accordance with California Public Contracting Code § 3300, the City requires Contractors to possess a valid California Class C-61/D-6 Contractor's License and to maintain this and all other applicable licenses and certifications required to perform the work specified herein. Business License: The City requires any person, including but not limited to,an individual, corporation, contractor,subcontractor,and sole proprietor who wishes to conduct any business within the City of Santa Ana must secure a City of Santa Ana business license upon award of the resulting contract.The awarded party shall maintain a current business license throughout the term of the resulting contract, Procedure to obtain a City of Santa Ana business license is available by contacting the Finance and Management Services Agency at(714) 647-5447 or on the City's website www.santaana.org. Prevailing Wage The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars,based on a working day of eight hours,for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California labor Code Part 7,Chapter 1,Article 2, Section 1770, 1773 and 1773.1). Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work, Prevailing Wage Compliance and Monitoring: Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (".Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirement on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable"public works"or"maintenance"project,as defined by Prevailing Wage Laws and since the total compensations is$1,000 or more,Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft,classification or type of worker needed to execute the Services available to interested parties upon request,and shall post copies at the Contractor's principal place of business and at the job site, Contractor shall defend, indemnify and hold the City, its elected officials,officers,employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. DIR Registration This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project(submitted on or after March 1,2015) unless registered with the Department of Industrial relations pursuant to Labor Code section 1725.5 [with Iimited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project(awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations. CAL-OSHA Vehicle Registration All vehicles must meet California Motor Vehicle and Cal-OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California. CARD Fleet Compliance Certification Contractor shall comply, and shall ensure all subcontractors comply,with all applicable requirements of the most current version of the regulations imposed by California Air Resources board ("CARB') including, without limitation,all applicable terms of Title 13,California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation'). Throughout the Project, and for three(3)years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two(2) calendar days' notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties,fines,damages,or costs associated with any and all violations,or failures to comply with the Regulation.Contractor shall defend,indemnify and hold harmless the City,its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. (duality Assurance Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of work involved and materials and techniques specified. Safety Program Requirements Work Site Safety shall be as defined by the Standard Specifications and these special provisions: Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards,safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site. The following is required in addition to the requirements of the Standard Specification: a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. C. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices. d. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work. C. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. f Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City,attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation.The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work. Other Safety Requirements Contractor shall take all reasonable precautions,as directed by the City,or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property.Damages to properties caused by Contractor's negligence shall be repaired at no cost(both labor and material)to the City. Contractor is responsible for advising and ensuring compliance by Contractor's employees with all applicable environmental and hazardous materials handling laws and regulations. Contractor shall provide City a full report of damage to City property and/or equipment by Contractor's employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence. Contractor shall provide,erect,and maintain all warning devices(i.e., barricades,cones,etc.)as required or necessary to ensure the safety of the public,City, and Contractor's employees. Recordkeeping and Reports Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA 1D, contractor EPA ID, generator name, waste description, manifest number and line number, date waste shipped, disposal and recycling facilities utilized, final disposal method utilized,quantity shipped(pounds),waste profile number,and any additional information requested. All records and reports shall be available in electronic(including Excel,Word,and PDF Format)and hard copy format at all times during the term of the contract. EXHIBIT B COMPENSATION CITY OF SANTA ANA PUBLIC WORKS AGENCY Request for Quote-Sidewalk Offset Rennediation and Sidewalk Assessment Services Qgg_TE FORMIF—FE SrHgQULE Sidewalk Assessment SeZrvices- -- ­�Unjl lance per Sidewalk Mite: $682.50 Sidewalk Trip Hazard Repair Hazard Class Small 31V Medium Large>1. Linear Feet Per to 1/2" >Ia'to V Location Price Per Hazard $�54 $120_51D 5 Linear Fast I Location PROPOSER'S STATEMENT- I have read, undefstoccl and agree to the terms and conditions on all pages of the Request for Quote.Upon request,I will transfer and deliver goods or services to the City in accordance with said terms and conditions, SOUTHERN CALIFORNIA PRECISION CUTTING INC. 900-539-7740 LEGAL NAME OF COMPANY PHONE NUMBER 12089 PEYTON DR.#C235 CHINO HILLS CA 91700 BUSINESS ADDRESS RONALD DURNA JR. PRESIDENT PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHO11I7FD AGENT DATE E-MAIL ADDRESS W00003322 925419 DIR NUMBER CONTRACTOR LICENSE NUMBER CITY OF SANTA ANA BUSINESS UCtNSE NUMBER(Pi"PRavnxjFAvA&aa,BUT HIPTRC00AW VNTX AND KANAWAM)SMAM TOPWOVIL) I EXHIBIT C INSURANCE REQUIREMENTS Prior to undertaking performance of work under this Contract, Contractor shall procure and maintain and shall require its subcontractors, if any,to procure and maintain insurance as described below: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • 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 $2,000,000 per occurrence and $4,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000.Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): as required by the State of California, with statutory limits,and Employer's Liability Insurance with limit of no less than$1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance]Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers,officials, employees, agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts,equipment,and personnel furnished in connection with such work or operations. 2. CGL,AL, and WC policies: Insurance company(ies)agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents,and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract,Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials,employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies:A severability of interest provision trust apply for all the additional insureds,ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,voided, reduced in coverage or in limits,non-renewed by the carrier,or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10)days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: Jose Santana 220 S.Daisy Avenue,M-85 Santa Ana,CA 92703. The name and location of work should be included in the Description of Operations section of each certificate. For this contract,please state various locations city wide. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City.City may require 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy Iisting all policy endorsements to Entity before work begins. However,failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete,certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion 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,Contractor must purchase"extended reporting"coverage for a minimum of three (3)years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein,and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage,or other special circumstances. AC R" CERTIFICATE OF LIABILITY INSURANCE r ATE(MMI DIY YY) 026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACF The Baldwin Group West, LLC PHONE Barbara Shepherd Fax 15901 Red Hill Ave, Ste 100 • 714 505-7000 Arc No): 714 573-1770 Tustin CA 92780 ADDRESS: barbara.shepherd@wgbib.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: Middlesex Insurance Company 23434 INSURED SOUTH47 INSURERB:Clear Spring Property and Casu 15563 Southern California Precision Concrete, Inc. Dba Precision Concrete Cutting INSURERC: 320 State Place INSURERD: Escondido CA 92029 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:162534234 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY EFF LTR TYPE OF INSURANCE ADOL SUBR YYY POLICY NUMBER MMlDDIYYYY MOLIC YEXP LIMITS A X COMMERCIAL GENFRALLIABILITY Y Y A0253953002 61212025 6/2/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $500,000 X S,000 MED EXP(Any one perscn) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $3,000,000 POLICY F PEO ❑ LOD PRODUCTS-COMPIOP AGG $2,000,000 OTHER: Deductible $5,000 A AUTOMOBILE LIABILITY Y Y A0253953001 612/2D25 6/2/2026 COMEDSINGLELIMIT $1,()00,000 Ea accBINident X ANY AUTO EODILY INJURY(Per person) $er accident OWNED SCHEDULED BODILY INJURY{P $ AUTOS ONLY AUTOS I ) X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per aCCiden4 $ A X UMBRELLALIAB X OCCUR A0253953003 6/2/2025 612/2026 EACH OCCURRENCE $2,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $2,000,000 DEC RETENTION$ $ B WORKERS COMPENSATION CSWC03008802 612/2025 6/212026 X STATUTE �RH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORfPARTNERIEXECDTIVE I I E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101 Additional Remarks Schedule,may be attached if more space is required) Umbrella is Excess over the General Liability,Auto Liability and Employers Liability. Certificate holder(s)is/are named as Additional Insured per the attached endorsements as required by written contract subject to the terms&conditions of the policy per attached endorsements: GL At CG 2010 1219 GL AIANOSIPNC Blanket CG 71 25 0622 WC WOS Blanket WC 04 03 06 See Attached... APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen of 3A9 gm,Jan 22,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana,Attn: Jose Santana 220 S. Daisy Ave M-85 AUTHORIZED REPRESENTATIVE Santa Ana CA 90703 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: SOUTH47 LOC#: /ate ADDITIONAL REMARKS SCHEDULE Page 1 of I AGENCY NAMED INSURED The Baldwin Group West, LLC Southern California Precision Concrete, Inc. Dba Precision Concrete Cutting POLICY NUMBER 320 State Place Escondido CA 92029 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE AUTO Al CA 70 57 1013 AUTO PNC CA 76 01 0615 AUTO WOS CA 04 44 1013 30 days notice of cancellation 110 days for non-payment of premium Additional Insured:City of Santa Ana its City Council,its officers,officials,employees,agents and volunteers For this contract,please state various locations city wide ACORD 101 (2008101) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 7125 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSUREDS, PRIMARY & NONCONTRIBUTORY, WAIVER OF SUBROGATION This endorsement modifies the coverage provided under the following Coverage Form(s): COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage enhancements are listed below. For details of each coverage, please read the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds -Automatic Status for 13 Additional Insured Types A. Owners, Lessees Or Contractors-Automatic Status When Required In A Written Construction Agreement With You B. Owners, Lessees Or Contractors-Automatic Status When Required In Written Construction Agreement With You (Completed Operations) C. State or Governmental Agency or Subdivision or Political Subdivision- Permits or Authorizations D. Lessor of Leased Equipment E. Owners or Other Interests From Whom Land Has Been Leased F. Manager or Lessor of Premise G. Mortgagee,Assignee,or Receiver H. Controlling Interest I. Co-owner Of Insured Premises J. Executors, Administrators, Trustees Or Beneficiaries K. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises L. Vendors M. Grantor of Franchise 2. Primary and Noncontributory -Other Insurance Condition 3. Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Additional Insureds - Automatic Status for 13 A. Owners, Lessees Or Contractors - Additional Insured Types Automatic Status When Required In A Section II - Who Is An Insured is amended to Written Construction Agreement With You include the following as additional insureds when 1) A person or organization with respect to you have agreed to add that person or liability for "bodily injury", "property organization as an Additional Insured on your damage" or "personal and advertising policy in a written contract or written agreement injury"caused, in whole or in part, by: with that person or organization, or because of a a. Your acts or omissions; or permit issued by a state or political subdivision; b. The acts or omissions of those acting provided the injury or damage occurs subsequent on your behalf; to the execution of the contract or agreement or issuance of the permit and while the contract, in the performance of your ongoing agreement or permit remains in effect, operations for the additional insured. CG 71 25 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 A0253953 with its permission. 06/02/2025 Middlesex Insurance Company 8d525234-c31t-4dc6-bd2o-foe4813d55b1 A person's or organization's status as an B. Owners, Lessees Or Contractors - additional insured under this endorsement Automatic Status When Required In Written ends when your operations for that Construction Agreement With You additional insured are completed. (Completed Operations) 2) With respect to the insurance afforded to 1) Any person(s) or organization(s) with these additional insureds, the following respect to liability for "bodily injury" or additional exclusions apply: "property damage" caused, in whole or in This insurance does not apply to: part, by "your work" performed for that additional insured and included in the "Bodily Bodily injury", property damage' or ,. "personal and advertising injury" arising products-completed operations hazard", but only when that portion of the out of the rendering of, or the failure to "products-completed operations hazard" is render, any professional architectural, not excluded by endorsement, engineering or surveying services, including: 2) With respect to the insurance afforded to 1. The preparing, approving, or failing these additional insureds, the following to prepare or approve, maps, shop additional exclusion applies: drawings, opinions, reports, This insurance does not apply to: surveys, field orders, change orders "Bodily injury" or "property damage" or drawings and specifications; or arising out of the rendering of, or the failure 2. Supervisory, inspection, to render, any professional architectural, architectural or engineering engineering or surveying services, activities. including: This exclusion applies even if the claims a. The preparing, approving, or failing to against any insured allege negligence or prepare or approve, maps, shop other wrongdoing in the supervision, drawings, opinions, reports, surveys, hiring, employment, training or field orders, change orders or drawings monitoring of others by that insured, if and specifications; or the "occurrence" which caused the b. Supervisory, inspection, architectural or "bodily injury" or"property damage", or engineering activities. the offense which caused the"personal This exclusion applies even if the claims and advertising injury", involved the rendering of or the failure to render any against any insured allege negligence or professional architectural, engineering other wrongdoing in the supervision, hiring, employment, training or monitoring of or surveying services. others by that insured, if the "occurrence" b. "Bodily injury" or "property damage" which caused the "bodily injury" or occurring after: "property damage" involved the rendering 1. All work, including materials, parts of or the failure to render any professional or equipment furnished in architectural, engineering or surveying connection with such work, on the services. project (other than service, C. State or Governmental Agency or maintenance or repairs) to be Subdivision or Political Subdivision - performed by or on behalf of the Permits or Authorizations additional insured(s) at the location Any state or governmental agency or of the covered operations has been subdivision or political subdivision, subject to completed; or the following provisions: 2. That portion of "your work" out of 1) This insurance applies only with respect to which the injury or damage arises has been put to its intended use by operations performed by you or on your any person or organization other behalf for which the state or governmental than another contractor or agency or subdivision or political subdivision has issued a permit or subcontractor engaged in performing operations for a principal authorization. as a part of the same project. 2) This insurance does not apply to: Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 7125 06 22 A0253953 with Its permission. 06/02/2025 Middlesex Insurance Company W525234-c31 f-4dc6-bd2c-fcs4813d55bf a. "Bodily injury", "property damage" or F. Manager or Lessor of Premise personal and advertising injury' arising Any person(s) or organization(s) with respect out of operations performed for the to liability for "bodily injury", "property federal government, state or damage" or "personal and advertising injury" municipality; or caused, in whole or in art, b p y you or those b. "Bodily injury" or "property damage" acting on your behalf in connection with the included within the ownership, maintenance or use of that part of "products-completed operations the premises leased to you by the additional hazard". insured person(s)or organization(s), subject to D. Lessor of Leased Equipment the following additional exclusions: 1) Any person(s) or organization(s) with This insurance does not apply to: respect to liability for "bodily injury", 1) Any 'occurrence" which takes place after "property damage" or "personal and you cease to be a tenant in that premises. advertising injury" caused, in whole or in 2) Structural alterations, new construction or part, by your maintenance, operation or demolition operations performed by or on use of equipment leased to you by such behalf of the person(s) or organization(s) person(s) or organization(s). shown in the Schedule. 2) With respect to the insurance afforded to G. Mortgagee,Assignee, or Receiver these additional insureds, this insurance does not apply to any "occurrence" which Any person(s) or organization(s) with respect takes place after the equipment lease to their liability as mortgagee, assignee or expires. receiver and arising out of the ownership, E. Owners or Other Interests From Whom maintenance or use of a premises by you. Land Has Been Leased This insurance does not apply to structural 1) Any person(s) or organization(s) with alterations, new construction and demolition operations performed by or for such additional respect to liability for 'bodily injury",property damage or "personal and insured person(s)or organizations). advertising injury" caused, in whole or in H. Controlling Interest part, by you or those acting on your behalf 1) Any person(s) or organization(s) with in connection with the ownership, respect to their liability arising out of: maintenance or use of that part of the land a. Their financial control of you; or leased to you by the additional insured person(s) or organization(s). b. Premises they own, maintain or control 2) With respect to the insurance afforded to while you lease or occupy these these additional insureds, the following premises. additional exclusions apply: 2) This insurance does not apply to structural This insurance does not apply to: alterations, new construction and demolition operations performed by or for a. Any "occurrence" which takes place that person or organization. after you cease to lease that land; I, Co-owner Of Insured Premises b. Structural alterations, new construction Any person(s) or organization(s) with respect or demolition operations performed by to their liability as co-owner of a premises or on behalf of the additional insured co-owned by you and covered under this person(s)or organization(s). insurance. J. Executors, Administrators, Trustees Or Beneficiaries Any executor, administrator, trustee or beneficiary of your estate or living trust while acting within the scope of their duties as such. CG 71 25 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 A0253953 with its permission. 06/02/2025 Middlesex Insurance company 6d525234-c31f-4dc6-bd2c-fce4813d55b1 K. State Or Governmental Agency Or 1) "Bodily injury" or "property damage" for Subdivision Or Political Subdivision - which the vendor is obligated to pay Permits Or Authorizations Relating To damages by reason of the assumption of Premises liability in a contract or agreement. This Any state or governmental agency or exclusion does not apply to liability for subdivision or political subdivision, subject to damages that the vendor would have in the the following additional provision: absence of the contract or agreement; This insurance applies only with respect to the 2) Any express warranty unauthorized by you; following hazards for which the state or 3) Any physical or chemical change in the governmental agency or subdivision or product made intentionally by the vendor; political subdivision has issued a permit or 4) Repackaging, except when unpacked authorization in connection with premises you solely for the purpose of inspection, own, rent or control and to which this demonstration, testing, or the substitution insurance applies: of parts under instructions from the 1) The existence, maintenance, repair, manufacturer, and then repackaged in the construction, erection or removal of original container; advertising signs, awnings, canopies, cellar 5) Any failure to make such inspections, entrances, coal holes, driveways, adjustments, tests or servicing as the manholes, marquees, hoist away openings, vendor has agreed to make or normally sidewalk vaults, street banners or undertakes to make in the usual course of decorations and similar exposures; or business, in connection with the 2) The construction, erection or removal of distribution or sale of the products; elevators;or 6) Demonstration, installation, servicing or 3) The ownership, maintenance or use of any repair operations, except such operations elevators covered by this insurance. performed at the vendor's premises in L. Vendors connection with the sale of the product; 1) Any person(s)or organization(s)(referred to 7) Products which, after distribution or sale throughout this endorsement as vendor), by you, have been labeled or relabeled or but only with respect to liability for "bodily used as a container, part or ingredient of injury" or "property damage" arising out of any other thing or substance by or for the "your products" which are distributed or vendor; or sold in the regular course of the vendor's 8) "Bodily injury" or "property damage" business. arising out of the safe negligence of the However: vendor for its own acts or omissions or a. The insurance afforded to such vendor those of its employees or anyone else acting on its behalf. However, this only applies to the extent permitted by exclusion does not apply to: law; and (1) The exceptions contained in b. If coverage provided to the vendor is Subparagraphs d.or f.;or required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2) With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 71 25 06 22 A0253953 with its permission. 06/02/2025 Middlesex Insurance Company 6d525234-c31 f-4dc6-bd2c-fce4813d55bf (2) Such inspections, adjustments, tests or This endorsement shall not increase the servicing as the vendor has agreed to applicable limits of insurance. make or normally undertakes to make in If there is any difference in coverage afforded the usual course of business, in to an additional insured in this endorsement connection with the distribution or sale and that provided under another additional of the products. insured endorsement attached to this policy, b. This insurance does not apply to any the broader coverage will apply to that insured person or organization, from whom additional insured. you have acquired such products, or any 2. Primary And Noncontributory Insurance ingredient, part or container, entering into, The following accompanying or containing such g is added to the Other Insurance products. Condition and supersedes any provision to the M. Grantor of Franchise contrary: Any person(s) or organization(s) with respect This insurance is primary to and will not seek to their liability as grantor of a franchise to you, contribution from any other insurance available to an additional insured under your policy provided However: that: 1.The insurance afforded to such additional (1)The additional insured is a Named Insured insureds only applies to the extent permitted under such other insurance; and by law; and (2)You have agreed in writing in a contract or 2. If coverage provided to the additional insured is agreement that this insurance would be required by a contract or agreement, the primary and would not seek contribution from insurance afforded to such additional insured any other insurance available to the additional will not be broader than that which you are insured. required by the contract or agreement to 3, Waiver Of Transfer Of Rights Of Recovery provide for such additional insured. Against Others To Us(Waiver Of Subrogation) - With respect to the insurance afforded to Automatic these additional insureds, the following is The following is added to Paragraph B. Transfer added to Section III -Limits Of Insurance: Of Rights Of Recovery Against Others To Us of If coverage provided to the additional insured Section IV-Conditions: is required by a contract or agreement, the We waive any right of recovery against any most we will pay on behalf of the additional person or organization, because of any payment insured is the amount of insurance: we make under this Coverage Part, to whom the 1. Required by the contract or agreement; or insured has waived its right of recovery in a 2. Available under the applicable limits of written contract or agreement. Such waiver by us insurance; applies only to the extent that the insured has waived its right of recovery against such person whichever is less. or organization prior to loss. CG 7125 66 22 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 A0253953 with its permission. 06/02/2025 Middlesex Insurance Company 6d525234-c311-4dc8-bd2c-fee4813d55bf WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.50% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION Any Person or Organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 6121202512:01 AM Policy No.CS-WC-030088-02 Endorsement No. 0 Insured Southern California Precision Concrete, Inc. Premium Included Insurance Company Clear Spring Property and Casualty Company Countersigned by ©1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual 0 1999. POLICY NUMBER: A0253953001 COMMERCIAL AUTO CA 76 01 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s) who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Southern California Precision Concrete, Inc. dba: Precision Concrete Cutting Endorsement Effective Date: 5/2/2025 SCHEDULE Name Of Person(s) Or Organization(s): As required per Written Agreement or Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the B. Primary And Noncontributory Insurance Schedule is an "insured" for Covered Autos This insurance is primary to and will not seek Liability Coverage, but only to the extent that contribution from any other auto insurance issued person or organization qualifies as an "insured" to the person or organization in the schedule under the Who Is An Insured provision contained under your policy provided that: in: (1) Paragraph A.1. of Section II - Covered Autos (1) The person or organization is a Named Insured Liability Coverage in the Business Auto and under such other insurance; and Motor Carrier Coverage Forms; or (2) Prior to the "accident" you have agreed in (2) Paragraph D.2. of Section I - Covered Autos writing in a contract or agreement that thisinsurance would be primary and would not Coverages of the Auto Dealers Coverage seek contribution from any other insurance Form. available to the person or organization. CA 76 01 0615 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 A0253953 with Its permission. 05/31/2024 Middlesex Insurance Company 1 00001 0000000000 24152 0 N 6edt2687-ab63-41e0-9130-23b8934ee996 POLICY NUMBER: A0253953001 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Southern Calitornia Precision Concrete, Inc. a: Precision Concrete Cutting Endorsement Effective Date: 6/2/2025 SCHEDULE Name(s)Of Person(s)Or Organization(s): As required per Written Agreement or Contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 A0253953 05/31/2024 Middlesex Insurance Company 1 00001 0000000000 24152 0 N ac7e1241-6M-47c4-88sd-80ccd262da26 COMMERCIAL AUTO CA70571013 SPECIAL BROAD FORM AUTO ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. Broadened Who Is An Insured 5. Towing Under Section 11 - Covered Autos Liability We will pay up to the limit shown in the Coverage, the following is added to Coverage Declarations for towing and labor costs incurred A.1.Who Is An Insured: each time a covered "auto" of the private A. Employees As Insureds passenger type is disabled. However, the labor Any"employee" of yours is an "insured"while must be performed at the place of disablement. using a covered "auto" you don't own, hire or 6. Physical Damage Coverage Extensions borrow in your business or personal affairs. The following replaces the Coverage Extensions B. Newly Acquired Organizations under Section III-PHYSICAL DAMAGE: Any organization you newly acquire or form, A. Transportation Expenses other than a partnership, joint venture or We will pay up to $50 per day to a maximum limited liability company, and over which you of $1000 for temporary transportation maintain ownership or majority interest, will expense incurred by you because of the total qualify as a Named Insured if there is no other theft of a covered "auto" of the private similar insurance available to that organization. passenger type. However: We will pay up to $75 per day to a maximum 1. Coverage under this provision is afforded of $1500 for temporary transportation only until the 90th day after you acquire or expense incurred by you because of the total form the organization of the end of the theft of a covered "auto" of the truck or van policy period; whichever is earlier; and type with a Gross Vehicle Weight of less than 2. Coverage does not apply to "bodily injury", 10,000 pounds used as a private passenger "property damage" or "covered pollution vehicle. cost or expense" that occurred before you We will pay only for those covered "autos" for acquired or formed the organization. which you carry either Comprehensive or 2. Broadened Supplementary Payments Specified Causes of Loss Coverage. We will pay for temporary transportation expenses Coverage Extension 2.a. Supplementary incurred during the period beginning 48 hours Payments under Section Il - Covered Autos after the theft and ending, regardless of the Liability Coverages is amended as follows: policy's expiration, when the covered "auto" is A. Paragraph 2.a.(2) is amended to pay up to returned to use or we pay for its "loss". $3000 for cost of bail bonds; and B. Loss Of Use Expenses B. Paragraph 2.a.(4) is amended to pay for loss For Hired Auto Physical Damage, we will pay of earnings up to $500 a day because of time expenses for which an "insured" becomes off from work. legally responsible to pay for loss of use of a 3. Fellow Employee Bodily Injury Extension vehicle rented or hired without a driver under a The Fellow Employee exclusion contained in written rental contract or agreement. We will Section II - Covered Autos Liability Coverage Pay for loss of use expense If caused by: does not apply. 1. Other than collision only if the Declarations 4. Accidental Airbag Discharge indicate that Comprehensive Coverage is provided for any covered "auto"; The following is added to Exclusion B.3.a. under 2, Specified Causes Of Loss only if the Section III - PHYSICAL DAMAGE: Declarations indicate that Specified This exclusion does not apply to the accidental Causes of Loss Coverage is provided for discharge of an airbag in a covered auto for a loss any covered "auto"; or that Physical Damage Coverage is shown in the Declarations. CA 70 57 10 13 Page 1 of 3 A0200442 09/19/2023 Middlesex Insurance Company 1 00002 0000000000 23262 0 N a73e2efd-d4le-446d-aOdd-cc9a4cclec54 SPECIAL BROAD FORM AUTO ENDORSEMENT-CONTINUED 3. Collision only if the Declarations indicate that C. The most we will pay for "loss" to any hired Collision Coverage is provided for any covered "auto" in any one"accident" is the lesser of: "auto". (1) $50,000 However, the most we will pay for any expenses (2)The actual cash value of the "auto" at the for loss of use is $50 per day, to a maximum of time of the "loss" $1000. 7. Rental Reimbursement (3) The cost of repair or replacement with other property of like kind and quality A. For any covered "auto" for which D. The following deductible provisions apply: Comprehensive and Collision coverages are provided, we will pay for rental reimbursement (1) The deductible will be equal to the largest expenses incurred by you for the rental of an deductible applicable to any owned "auto" "auto" because of "loss" to a covered "auto". for that coverage shown in the Payment applies in addition to the otherwise Declarations. applicable amount of each coverage you have (2) No deductible will apply to "loss" caused on a covered "auto". No Physical Damage by fire or lightning. Coverage deductibles apply to this coverage. E. Any "auto" that is leased, hired, rented or B. We will pay only for those expenses incurred borrowed with a driver is not a covered "auto" during the policy period beginning 24 hours under this coverage extension. after the "loss" and ending, regardless of the g, Auto Loan And Lease Gap Coverage policy's expiration, with the number of days reasonably required to repair or replace the Section III - PHYSICAL DAMAGE is amended by covered "auto". If "loss" is caused by theft, the addition of the following: this number of days is added to the number of A. In the event of a total "loss" to a covered days it takes to locate the covered "auto" and "auto" shown in the Declarations, we will pay return it to you. any unpaid amount due on the lease or loan C. Our payment is limited to the lesser of the for a covered"auto", less: following amounts: (1)The amount paid under the policy's (1) Necessary and actual expenses incurred; Physical Damage Coverage; and or (2) Any: (2) $50 per day, to a maximum of$1000. (a) Overdue lease/loan payments at the D. Our payment under this coverage extension is time of the"loss"; excess over any other rental reimbursement (b) Financial penalties imposed under a coverage available to you. lease for excessive use, abnormal wear E. This coverage does not apply while there are and tear or high mileage; spare or reserve "autos" available to you for (c) Security deposits not returned by the your operations. lessor; F. If "loss" results from the total theft of a (d) Costs for extended warranties, Credit covered "auto" of the private passenger type, Life Insurance, Health, Accident or we will pay under this coverage only that Disability Insurance purchased with the amount of your rental reimbursement loan or lease; and expenses which is not already provided for (e) Carry-over balances from previous under the Physical Damage Coverage loans or leases. Extension. 8. Hired Auto Physical Damage B. This coverage extension applies to covered autos that are loaned or leased for a period of A. If you have Comprehensive or Specified six months or longer and which have been Causes of Loss and Collision Coverages provided Physical Damage Coverage. The provided on your owned "autos" you may "loss" must be caused by damage for which extend Physical Damage Coverage to any coverage is shown in the Declarations. "autos" you lease, hire, rent or borrow; 10.Personal Effects provided you have Liability Coverage for hired "autos". The following is added to A. Coverage under B. The hired "auto" must be of like kind and used Section III- Physical Damage Coverage: as the "autos" owned and covered under this Coverage Form. Page 2 of 3 CA 70 57 10 13 A0200442 09/19/2023 Middlesex Insurance Company SPECIAL BROAD FORM AUTO ENDORSEMENT-CONTINUED A. We will extend Physical Damage Coverage on Knowledge of an "accident", claim, "suit" or"loss" a covered "auto" to include personal property by an agent or "employee" of an insured or owned by you, a relative or an "employee"that receipt of any demand, notice, summons or other is in the covered "auto" at the time of "loss". legal paper in connection with a claim or"suit" by The "loss" must be caused by damage for any agent or "employee" of any insured shall not which coverage is shown in the Declarations. in itself constitute knowledge of the named There must be evidence of forced entry for insured or receipt of the named insured, unless a loss caused by theft. partner, member, manager, executive officer or B. The exclusion referring to tapes, records, director shall have such knowledge or shall have discs or other similar audio, visual or data received such demand, notice, summons or legal electronic devices designated for use with paper. audio, visual or data electronic equipment 13.Unintentional Failure To Disclose Hazards does not apply. Under Section IV - Business Auto Conditions, C. The most we will pay for any one "loss" under the following is added to General Conditions this coverage extension is $500. No Physical B.2. Concealment, Misrepresentation Or fraud: Damage Coverage deductible applies to this If in your representations to us you unintentionally coverage extension. failed to disclose all hazards and exposures D. Coverage provided by this Personal Effects subject to this insurance, we shall not deny all extension is excess over any other collectible coverage under this policy because of such insurance. oversight. E. The coverage extension does not apply to the 14.Mental Anguish following property: A. The definition of"bodily injury" under Section (1)Any device designed or used to detect V-Definitions is replaced by the following: speed-measuring equipment such as radar "Bodily injury" means bodily injury, sickness or or laser detectors and any jamming disease sustained by a person, including apparatus intended to elude or disrupt "mental anguish" or death resulting from any speed-measurement equipment; of these at any time. (2)Any electronic equipment that reproduces, B. The following definition is added to Section V receives or transmits audio, visual or data -Definitions: signals; (3)Tools; "Mental anguish" means extreme pain or distress inflicted upon an individual's (4)Jewelry, precious metals and loose gems; emotional and intellectual condition with (5) Money and securities; or regard to the individual's response to the (6) Property specifically insured or covered environment. under the Business Personal Property Coverage of this policy. 11.Glass Deductible Under Section [[I - PHYSICAL DAMAGE, the following is added to A.3. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles Coverage: The Comprehensive Coverage deductible shown in the Declarations does not apply to glass breakage if such glass is repaired rather than replaced. 12.13road Knowledge Of Accident, Claim, Suit Or Loss Under Section IV - Business Auto Conditions, the following is added to Loss Conditions A.2. Duties In The Event Of Accident, Claim,Suit Or Loss: CA 70 5710 13 Page 3 of 3 A0200442 09/19/2023 Middlesex Insurance Company 3 00002 0000000000 23262 0 N a73e2efd-d41e-446d-a0dd-cc9a4cc1ec54 POLICY NUMBER: A0253953002 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required per Written Agreement All Locations and Operations or Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury"caused, in whole or in part, by: 1. All work., including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf, maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the same is required by a contract or agreement, the project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 A0253953 05/31/2024 Middlesex Insurance Company 1 00001 0000000000 24152 0 N 6577d55a-85ec-4688-a9ff-db2de49000f9 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III -Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 1219 A0253953 05I31/2f}2A Middlesex Insurance Company