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Agreement - Precision Emprise, LLC - On-Call Horizontal Concrete Shaving for Sidewalks, Curbs, and Driveways - Signed 2022-08-01
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/8/2022 Incline Insurance Services,Inc. 510 Myrtle Ave,Suite 203 South San Francisco CA 94080 Crystal McFarland 650-413-7522 650-413-7524 crystal@inclineinsurance.com West American Insurance Company 44393 PRECEMP-01 The Ohio Casualty Insurance Company 24074PrecisionEmprise,LLC,Precision Emprise Inc.,Dba:Precision Concrete Cutting 335 Beach Rd Burlingame CA 94010 StarStone National Insurance Company 25496 Preferred Professional Insurance Company 36234 Underwriters at Lloyd's,London 15792 110365030 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y BKW64590220 4/30/2022 4/30/2023 2,000,000 B 1,000,000 X X X BAO64590220 4/30/2022 4/30/2023 C X 2,000,000 X N77924220ALI 4/30/2022 4/30/2023 2,000,000 D X Y ON12761-01 4/30/2022 4/30/2023 1,000,000 1,000,000 1,000,000 E E POLLUTION LIABILITY PROFESSIONAL LIABILITY ANE5144179 ANE5144179 4/30/2022 4/30/2022 4/30/2023 4/30/2023 EACH OCC:$1,000,000 EACH OCC:$1,000,000 AGG:$1,000,000 AGG:$1,000,000 City of Gilroy,its officers,officials and employees are named as Additional Insured with regard to General Liability when required by written contract per the attached endorsement forms CG 88 10 04 13 &CG 85 83 04 13. City of Gilroy,its officers,officials and employees 7351 Rosanna Street Gilroy CA 95020 DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF 64146ofCOMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART 2013Liberty Mutual Insurance CG 88 10 04 13 Page 1 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage)2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Policy No.: BKW64590220 DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF 65146of62492047004578270 66146of 67146of62492047004578270 68146of 69146of62492047004578270 70146of 71146of62492047004578270 COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS – PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Paragraph 2. under Section II – Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for “bodily injury” or “property damage”: 1.Caused by “your work” performed for that additional insured that is the subject of the written contract or written agreement; and 2.Included in the “products-completed operations hazard”. However: a)The insurance afforded to such additional insured only applies to the extent permitted by law; and b)If coverage provided to the additional insured is required by a contract or agreement, the 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 The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the “bodily injury” or “property damage”. We have no duty to defend an additional insured under this endorsement until we receive written notice of a “suit” by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV – Commercial General Liability Conditions. B.With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: 1.“Bodily injury” or “property damage” that occurs prior to you commencing operations at the location where such “bodily injury” or “property damage” occurs. 2.“Bodily injury” or “property damage” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a.The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b.Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Policy No.: BKW64590220 DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF C. With respect to the insurance afforded by this endorsement, exclusion l. Damage To Your Work of Paragraph 2. Exclusions under Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: l. Damage To Your Work “Property damage” to “your work” arising out of it or any part of it and included in the “products- completed operations hazard”. D. With respect to the insurance afforded to these additional insureds, the following is added to Section II – Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. With respect to the insurance afforded by this endorsement, Section IV – Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an “occurrence” or an offense that may result in a claim or “suit” under this insurance to us; b. Tender the defense and indemnity of any claim or “suit” to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a “suit” by the additional insured. 2. Paragraph 4. of Section IV – Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONTRACTOR) This AGREEMENT made this 1st day of August, 2022, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: Precision Emprise LLC dba Precision Concrete Cutting, having a principal place of business at 335 Beach Rd, Burlingame, CA 94010. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on August 1, 2022 and will continue in effect through June 30, 2023 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”). B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR’S services. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -2- 4835-2267-0361v1 LAC\04706083 C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR’S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR’S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $49,999.99. B. Invoices CONTRACTOR shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -3- 4835-2267-0361v1 LAC\04706083 ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONTRACTOR agrees to provide workers’ compensation insurance for CONTRACTOR’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONTRACTOR’S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONTRACTOR or CONTRACTOR’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -4- 4835-2267-0361v1 LAC\04706083 set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONTRACTOR must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY’S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: CITY will not withhold FICA (Social Security) from CONTRACTOR’S payments; CITY will not make state or federal unemployment insurance contributions on CONTRACTOR’S behalf; CITY will not withhold state or federal income tax from payment to CONTRACTOR; CITY will not make disability insurance contributions on behalf of CONTRACTOR; CITY will not obtain workers’ compensation insurance on behalf of CONTRACTOR. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -5- 4835-2267-0361v1 LAC\04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR’S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR’S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR’S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -6- 4835-2267-0361v1 LAC\04706083 may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR’s duties by any new CONTRACTOR hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -7- 4835-2267-0361v1 LAC\04706083 attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. 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 are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -8- 4835-2267-0361v1 LAC\04706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: CITY: Precision Emprise LLC dba Precision Concrete Cutting CITY OF GILROY By: By: Name: Joseph Ortega Name: Daryl Jordan, P.E. Title: Vice President Title: Public Works Director Social Security or Taxpayer Identification Number 82-1353472 DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “A” SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Joseph Ortega, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Gary Heap, City Engineer/Transportation Engineer shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”. B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -2- 4835-2267-0361v1 LAC\04706083 Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR’S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR’S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -3- 4835-2267-0361v1 LAC\04706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR’S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY’S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit “A”. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Gary Heap, City Engineer/Transportation Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Precision Emprise LLC dba Precision Concrete Cutting 355 Beach Rd Burlingame, CA 94010 Attn: Joseph Ortega I. FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she 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 formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its 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. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF PREVAILING WAGE CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any construction to be performed under this Agreement arc subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements ("Prevailing Wage Laws'). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONTRACTOR shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain "public works" or "maintenance" projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at thejob site. Prevailing wage information may be obtained at wwwAir.ca.gov. anszmrau" ucnarosres _5_ DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES CONTRACTOR to provide on-call concrete assessment and documentation survey; and horizontal concrete shaving or saw-cutting services, for public sidewalks, curb ramps, pathways, driveways, valley gutters, curb and gutter, at various locations throughout the City. The work is to be performed on an on-call and as-needed basis, based on Work Orders issued by the City, as further specified in the Contract Documents (attached hereto and incorporated herein). There is no guarantee as to the quantity of work or number of Work Orders to be issued for the Project. All invoices for services shall be accompanied by reports indicating actual work completed and/or actual hours worked. Additional services will be authorized on a task order basis, when necessary. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE N/A DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE Subject to the appropriate approval authority, authorized staff may enter into contracts for goods and services purchases, the pricing and terms of which have been previously established by another public agency. The following requirements apply to piggyback contracts, and must be verified by the purchasing coordinator prior to contract award: a. The parties agree to the original contract agree to the piggyback. b. The contract is for identical or nearly identical goods and/or services. c. The original contract resulted from competitive bidding or proposal procedures similar to those required by the city. d. The original contract was awarded within two years of the city's purchase, or written justification is provided to support the use of an older solicitation. e. The price of the purchase is comparable to that estimated by the requesting department. The City of San Ramon originally issued a Request for Proposals (RFP) on May 26, 2021 which solicited the services of on-call concrete assessments and documentation surveys in addition to horizontal concrete shaving for public sidewalks, curb ramps, pathways, driveways, valley gutters and curb and gutter at various locations throughout the City. A review committee comprised of Public Works staff reviewed all proposals and selected Precision Emprise LLC as the most qualified candidate to complete the work outlined in the RFP. The City of San Ramon's contract with Precision Emprise LLC was awarded in July 2021 for services nearly identical, and from competitve procurement methods similar to those of the City of Gilroy's. The City of Gilroy will be "piggybacking" onto the City of San Ramon's on-call horizontal concrete saw-cutting and shaving services contract (Contract No. C2021-065), therefore, the rates and terms of service are identical. Each payment to be invoiced and paid upon completion of specific job through the end of the fiscal year. DocuSign Envelope ID: 29FFCB7D-1258-4F62-A169-C3A5A19CCC65DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF City Council 973-2530 City Clerk: 973-2539 Parks & Community Services: 973-3200 Planning Department: 973-2560 City Manager: 973-2530 Human Resources: 973-2503 Police Services: 973-2700 Public Services: 973-2800 City Attorney: 973-2549 Finance Department: 973-2609 Economic Development: 973-2554 Engineering Services: 973-2670 CITY OF SAN RAMON 7000 BOLLINGER CANYON RD. SAN RAMON, CALIFORNIA 94583 PHONE: (925) 973-2500 WEB SITE: WWW.SANRAMON.CA.GOV June 23, 2022 City of Gilroy Finance Department 7351 Rosanna Street Gilroy, CA 95020 RE: PRECISION EMPRISE, INC. DBA: PRECISION CONCRETE CUTTING Dear City of Gilroy Finance Department, The City of San Ramon hereby authorizes and extends all terms and conditions of our current on-call horizontal concrete saw-cutting and shaving services agreement with Precision Emprise, Inc. (Precision Concrete Cutting) to other municipalities upon their request. It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of San Ramon shall incur no financial responsibility in connection with any purchase or use of services by another public agency. The participating public agency shall accept sole responsibility for placing orders and making payments to the vendor. In this case, City of Gilroy will issue their own purchase orders and will be billed directly from Precision Emprise. Therefore, please consider this letter as an official authorization from the City of San Ramon to the City of Gilroy to allow the City to 'piggyback ", or enter into its own cooperative agreement, on our existing contract with Precision Emprise, Inc. Dba: Precision Concrete Cutting. Sincerely, Darin Fitzpatrick City of San Ramon Program Manager- Streets, Drainage, Lighting, and Fleet Darin Fitzpatrick DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF CITY OF SAN RAMON OFFICE OF THE CITY ATTORNEY 7000 BOLLINGER CANYON ROAD SAN RAMON, CALIFORNIA 94583 PHONE: (925) 973-2549 WWW.SANRAMON.CA.GOV City Council 973-2530 City Clerk: 973-2539 Parks & Community Services: 973-3200 Planning: 973-2560 City Manager: 973-2530 Human Resources: 973-2523 Police Services: 973-2700 Public Services: 973-2800 City Attorney: 973-2549 Finance Department: 973-2609 Engineering Services: 973-2670 Joseph Ortega Vice President Precision Emprise LLC dba Precision Concrete Cutting 417 Harrison Street Oakland, CA 94607 Joseph, Attached for your records is a fully executed Agreement with the City of San Ramon for On- Call Horizontal Concrete Saw-Cutting and Shaving Services. This Agreement is for an amount not-to-exceed $350,000.00 and will expire June 30, 2023. Please include Contract number C2021-065 on all invoices submitted for payment. If you have any questions, please contact the Project Manager. Sincerely, Naomi Yun Paralegal City Attorney’s Office cc: J. Fuentes, Administrative Analyst D. Fitzpatrick, Program Managr M. Fierner, Public Works Director City Clerk (original C2021-065) DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1 8/2/2021 DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Maintenance Services Agreement Page 1 of 33 REV.2019.09 MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN RAMON AND PRECISION EMPRISE LLC DBA PRECISION CONCRETE CUTTING FOR ON-CALL HORIZONTAL CONCRETE SAW-CUTTING AND SHAVING SERVICES This is an Agreement between the City of San Ramon, a municipal corporation, (“CITY”) and Precision Emprise LLC DBA Precision Concrete Cutting, (“CONTRACTOR”) together referred to as the “Parties”. RECITALS WHEREAS, on May 26, 2021, CITY solicited Proposals by Request for Proposals (“RFP”) for On-Call Horizontal Concrete Saw-Cutting and Shaving Services; and WHEREAS, after review of all Proposals submitted pursuant to said RFP, CONTRACTOR’s Proposal on the project was accepted by the CITY and identified as most advantageous to the CITY; and WHEREAS, CONTRACTOR by reason of qualifications, experience and facilities for performing the type of services contemplated herein, is willing to provide the requested services; and WHEREAS, the City Council has authorized the Mayor to enter into an agreement for On- Call Horizontal Concrete Saw-Cutting and Shaving Services by adopting Resolution No. 2021- 090 on July 13, 2021. NOW, THEREFORE, in consideration of the mutual promises set forth, CITY and CONTRACTOR agree as follows: 1.Award of Agreement. In request to the Request for Proposals, CONTRACTOR has submitted a Proposal, to perform the Work as set forth in the Request for Proposal, Attachment B Scope of Services, attached hereto as Exhibit A. On July 13, 2021, CITY authorized award of the Agreement to Contractor for the amount set forth in Section 6, below. 2.RFP Documents. The RFP Documents incorporated into this Agreement include and are comprised of all of the documents listed below. Sections 2 The Services 3 Request for Proposal Procedures 4 Proposal Requirements 5 Evaluation 6 Selection and Award 7 Labor Compliance-Prevailing Wage Requirements 8 Miscellaneous C2021-065 DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1 8/2/2021 DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 2 of 33 REV.2019.09 3. Scope of Services. CONTRACTOR shall comply with specific standards or governmental requirements applicable to specific tasks hereunder or as may be necessary to enable CONTRACTOR to provide the services required hereunder. 4. Labor Code Compliance. a. General. The Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance. CONTRACTOR must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. b. Prevailing Wages. Each worker performing Services under this Agreement that is covered under Labor Code Section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the CITY’s principal office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code Section 1775, CONTRACTOR and any subcontractor will forfeit to CITY as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. c. Working Day. Pursuant to Labor Code Section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code Section 1813, CONTRACTOR will forfeit to CITY as a penalty the sum of $25 for each day during which a worker employed by CONTRACTOR or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815. All Services must be carried out during regular CITY working days and hours unless otherwise specified in the Special Conditions, attached hereto as Exhibit B or authorized in writing by CITY. d. Payroll Records. CONTRACTOR and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, CONTRACTOR and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code Sections 1771, 1811, and 1815. Unless the Agreement is under $15,000, CONTRACTOR must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. e. Apprentices. If the Agreement is for $30,000 or more, CONTRACTOR must comply with the apprenticeship requirements in Labor Code Section 1777.5. f. DIR Monitoring, Enforcement, and Registration. This Agreement is subject to compliance monitoring and enforcement by the DIR pursuant to Section 1725.5 of the DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 3 of 33 REV.2019.09 Labor Code, and CONTRACTOR and any subcontractor must be registered with the DIR to perform public works projects. 5. Modification of Agreement. CITY may request changes to this Agreement including the Scope of Services to be performed by CONTRACTOR. Such requests shall be made in writing exclusively by CITY’s designated Project Manager, and shall describe in detail the proposed additions, deletions, or modifications. Such requests will include tabulation of costs, expenses, and time required to complete the requested work. CONTRACTOR shall have the length of time specified in the request to reply in writing to the request. Neither CITY’s request nor CONTRACTOR’s reply shall constitute a modification of this Agreement. Any modification shall be contained in a written amendment to the Agreement and will be effective only if signed by both parties. Execution of the amendment by CITY shall constitute authorization to proceed with the work identified therein. 6. Time of Performance. The term of the Agreement shall be from July 13, 2021 through June 30, 2023. CONTRACTOR may commence work as of the date authorized by CITY’s Project Manager which date may be prior to execution of this Agreement. However, CONTRACTOR is under no obligation to commence work hereunder prior to execution of this Agreement. CITY shall have the option to renew this Agreement for not more than ONE (1) successive one (1) year term, upon the same terms and conditions as provided in this Agreement. Any contract extension or amendment must be in writing and fully executed by both parties to take effect. 7. Compensation. CITY agrees to pay CONTRACTOR at the rates set forth in Exhibit B, and incorporated herein, in a sum not to exceed THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000.00). No compensation shall be made in excess of this amount. Upon completion and acceptance of the deliverables CONTRACTOR shall submit an itemized invoice for the completed work showing applicable rates and charges as agreed to hereunder and the total amount due. Due to continued potential for service level reductions and budget cuts, there is no guarantee that any or all work will be authorized. 8. Designated Representatives. a. CITY designates Program Manager, Darin Fitzpatrick or his designee, as its representative in all matters under this Agreement. b. CONTRACTOR designates Vice President, Joseph Ortega as its Project Manager for this Agreement. CONTRACTOR may designate a different Project Manager only with prior written authorization from the CITY. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 4 of 33 REV.2019.09 9. Cooperation of the City. CITY shall make available to CONTRACTOR all financial records and related information necessary for performance of CONTRACTOR’S work under this Agreement. 10. Independent Contractor. CONTRACTOR is an independent contractor, controlling the means and manner of his/her work, and shall not for any purpose be deemed to be an employee, agent, or other representative of the CITY. Services called for herein shall be deemed to be unique. CONTRACTOR shall not assign, sublet, transfer, or otherwise substitute its interest in this Agreement, or any of its obligations hereunder, without the prior written consent of the CITY. 11. Out of State Business. If the CONTRACTOR is an out of state business and does not have a local office within the State of California, the CONTRACTOR shall provide to the CITY a completed Withholding Exemption Certificate Form as required by the California Franchise Tax Board. If the out of state contractor fails to provide the required form, the CITY shall withhold seven (7%) percent of the total payment amount and send the withholdings to the Franchise Tax Board, as required by State law. 12. Proprietary or Confidential Information. CONTRACTOR understands and agrees that, in the performance of the work under this Agreement or in contemplation thereof, CONTRACTOR may have access to private, proprietary or otherwise confidential information owned or controlled by CITY, the disclosure of which may be damaging to CITY or to third parties. CONTRACTOR agrees that all confidential information disclosed to CONTRACTOR by CITY shall be held in confidence and used only in performance of this Agreement. CONTRACTOR shall exercise the same standard of care to protect such information, as a reasonably prudent businessperson would use to protect its own private, proprietary or confidential information. 13. Work Product. The work product of CONTRACTOR in performing this Agreement shall become the property of CITY. However, copies of such work product shall be provided to CITY not only as a hard copy but an electronic version recorded on CD utilizing Microsoft Word, Access, or Excel. 14. Final Work Product. Final work products produced by CONTRACTOR in the form of computer files shall be delivered on a CD, in ESRI GIS shape file version 8.3(or newer), or Autodesk AutoCAD 2004 (or newer) file, Microsoft Word, Access, or Excel format. All hard copy (paper) reports shall be accompanied by associated digital files used to create them. The deliverable of GIS data layers will represent all new and derivative mapped layers used to create all mapped information. It will be delivered in AutoCAD or ESRI GIS format. Data representing areas will be represented by closed polylines. All GIS data should be delivered in the State Plane Projection system, NAD 83, units of feet. In addition, all new mapped information (information pertaining to a geographic location) or information created from map base GIS data, including various analysis options, will be documented to indicate basic DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 5 of 33 REV.2019.09 metadata about the information created. Metadata is data describing the purpose, accuracy methodology and date of creation of the mapped GIS data. The metadata should be delivered in Word and/or Excel format. CONTRACTOR will meet with CITY’s GIS Analyst at the beginning of the project to ensure understanding of the required deliverables. CONTRACTOR shall provide CITY’s GIS Analyst with an acceptable draft of GIS data documentation for draft GIS data layers, by the conclusion of the first draft report. A final acceptable GIS documentation report will be delivered at the time of completion of the final report. All of CONTRACTOR’s work product under the Agreement shall be the property of CITY. 15. Public Records. CONTRACTOR acknowledges that CITY is subject to the provisions of the California Public Records Act (Govt. Code § 6250 et seq.) (the “Act”); therefore, this Agreement and any writing prepared for or submitted to CITY, including but not limited to CONTRACTOR’s Proposal or Statement of Qualifications, is subject to disclosure as a public record, unless any portion thereof is exempt under the Act. If CONTRACTOR believes that any portion of a public record is exempt from disclosure under the Act, it must clearly identify the portion(s) it believes to be exempt and identify the basis for the exemption. CONTRACTOR bears the burden of proving any claimed exemption under the Act, and by signing this Agreement and initialing the acknowledgement below, CONTRACTOR agrees to indemnify, defend, and hold harmless CITY against any third party claim seeking disclosure of the public record or any portions thereof. PLEASE INITIAL: CONTRACTOR has read and understands the Public Records Act requirements outlined above and hereby affirms that (1) CONTRACTOR bears the burden of proving any claimed exemption under the Act, and (2) CONTRACTOR agrees to indemnify, defend, and hold harmless CITY against any third party claim seeking disclosure of the public record or any portions thereof. 16. Financial Records of Contractor. CONTRACTOR shall maintain accounting records of funds received under this Agreement and full documentation of performance hereunder. CONTRACTOR shall permit CITY to have access to those records for the purpose of making an audit, examination, or review of financial and performance information relating to this Agreement. CONTRACTOR shall maintain such records for a minimum of four (4) years following payment by CITY for the last invoice for such services to be provided. When requested by CITY, CONTRACTOR shall make all such records available to CITY within fourteen (14) days of the request. 17. Conflict of Interest. CONTRACTOR shall comply with CITY Resolution No. 2020-017, Conflict of Interest Code, as amended from time to time, and will file all required disclosure statements. 18. Nondiscrimination. CONTRACTOR represents that it does not and agrees that it shall not discriminate against any employee or applicant for employment because of age, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 6 of 33 REV.2019.09 religion, color, disability, genetic characteristics or information, race, national origin, ancestry, citizenship status, marital status, military or veteran status, medical condition, or sexual orientation (including homosexuality, bisexuality, or heterosexuality) or any other protected classification as defined and protected by law. 19. Indemnification. CONTRACTOR agrees to defend, hold harmless, and indemnify CITY, its officers, agents and employees from and against any and all losses, liability, or damages arising out of, in consequence of, or resulting from the negligent or willful acts, or omissions of CONTRACTOR. CONTRACTOR shall hold CITY harmless and defend any suit or other proceedings brought by CONTRACTOR’s employees, contractors, or agents, either against CONTRACTOR or CITY, for compensation and/or other benefits claimed as “common law” or “implied by law” employees of CITY. 20. Insurance. CONTRACTOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included on CONTRACTOR’s proposal. A. Required Insurance. CONTRACTOR shall maintain, at all times, during the term of this Agreement and at CONTRACTOR’s sole cost and expense: i. Comprehensive general liability (using Insurance Services Office form CG 00 01 or equivalent) in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be not less than four million dollars ($4,000,000). ii. Automobile liability insurance (using Insurance Services Office form number CA 0001, Code 1 (any auto) or equivalent with a limit no less than two million dollars ($2,000,000). Such insurance policy shall contain the same provisions and endorsements as are required herein for comprehensive general liability insurance. iii. Workers’ Compensation insurance and Employer’s Liability insurance as required by the laws of the State of California. Said insurance policy shall provide that the insurer waives all rights of subrogation against CITY, its officers, agents, employees and volunteers for losses arising from work performed by CONTRACTOR for CITY. Any notice of cancellation or non- renewal of Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. CONTRACTOR shall require each DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 7 of 33 REV.2019.09 subcontractor to maintain Workers’ Compensation insurance and Employer’s Liability insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. This requirement may only be waived by CITY upon written verification that CONTRACTOR is a sole proprietor and does not and will not have employees during the term of this Agreement. iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vi. Contractors’ Pollution Legal Liability (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. B. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. CITY, its officers, officials, employees, agents and volunteers are to be named as additional insured with respect to: Liability arising out of activities performed by or on behalf of CONTRACTOR; products and completed operations of CONTRACTOR; premise owned, occupied or used by CONTRACTOR; or automobile owned, leased, hired or borrowed by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers. If CONTRACTOR submits the ACORD Insurance Certificate, the additional insured endorsements must be set forth on the ISO Form CG20 10 11 85 or both CG 20 10 and CG 20 37 forms. ii. For any claims related to this project, CONTRACTOR’S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, agents or volunteers shall be excess of CONTRACTOR’S insurance and shall not contribute with it. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 8 of 33 REV.2019.09 iii. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, its officers, officials, employees, agents or volunteers. iv. Afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the term of this Agreement; v. Apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability (cross liability endorsement); vi. Expressly provide that CITY, although named as insured, shall nevertheless be entitled to recover under the policy for any loss, injury or damage to CITY and that the insurer waives all rights of subrogation against CITY, its officers, agents, employees and volunteers for losses arising from work performed by CONTRACTOR for CITY; vii. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to CITY. viii. Certificate Holder. The certificate holder shall include the CITY and sent to the address as indicated in Section 23 (Invoices, Payments, and Notices) of this Agreement. ix. Interpretation. All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Officer of the State of California as of the effective date of this Agreement. C. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by CONTRACTOR pursuant to the contract. This coverage may also be provided on the CONTRACTOR’s Pollution Liability policy. D. If General Liability, CONTRACTOR’s Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form: i. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 9 of 33 REV.2019.09 iii. 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 an extended period coverage for a minimum of five (5) years after completion of contract work. iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification / remediation, the CONTRACTOR’s Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the CONTRACTOR’s Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold. E. Verification of Coverage. CONTRACTOR shall furnish the 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 listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. F. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13. G. Insurer’s Qualifications. All insurance required under this section and all renewals of this agreement shall be issued by good and responsible companies admitted to do and doing business in the State of California and be rated in the “A” category by Best’s Insurance Guide. H. Excess Insurance. If CONTRACTOR maintains higher insurance limits than the minimums specified herein, CITY shall be entitled to coverage for the higher limits maintained by CONTRACTOR. I. Waiver of Subrogation. CONTRACTOR hereby grants to CITY a waiver of subrogation which any insurer may acquire against CITY, its officers, officials, employees, and volunteers, from CONTRACTOR by virtue of the payment of any loss. 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. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 10 of 33 REV.2019.09 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents, and subcontractors. J. 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. PLEASE INITIAL: CONTRACTOR has read and understands the insurance requirements outlined above and hereby affirms that (1) the cost of providing such insurance has been incorporated in CONTRACTOR’s compensation, and (2) that CONTRACTOR has confirmed that CONTRACTOR will obtain the required insurance coverages upon execution of the Agreement. 21. Termination on Notice. CITY may terminate this Agreement immediately for cause or without cause upon giving thirty (30) calendar days’ written notice to CONTRACTOR. In the event of termination without cause, CITY shall pay all outstanding charges for services performed and approved by CITY as of the date of termination. Termination shall not extinguish any outstanding performance obligations under this Agreement, including but not limited to, making financial records available for review, return of any private or confidential information, warrantees, or mutual indemnities. 22. Suspension of Performance. For the convenience of CITY or because of events beyond the control of CITY, CITY may give written notice to CONTRACTOR to suspend all work under this Agreement. If CONTRACTOR’s work is suspended for longer than a period of one hundred twenty (120) days, an adjustment to CONTRACTOR’s compensation may be made for increased costs, if any, and this Agreement shall be modified accordingly. 23. Invoices, Payments, and Notices. CONTRACTOR shall submit invoices, not more frequently than every two (2) weeks, for the services rendered during the preceding period. Invoices shall describe the beginning and end dates of the billing period, services performed including tasks summary, accounting of hours worked, reimbursable expenses incurred, and any other documentation as may be requested by CITY. CITY shall make payments based on invoices received for work satisfactorily performed and for authorized reimbursable expenses incurred. CITY shall pay undisputed invoices in net thirty (30) days from receipt of the invoice. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via prepaid U.S. certified or registered postage, addressed to recipient as follows: DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 11 of 33 REV.2019.09 To CITY: To CONTRACTOR: City of San Ramon Precision Emprise LLC DBA Precision Concrete Cutting Attn: City Clerk Attn: Joseph Ortega Vice President 7000 Bollinger Canyon Road 417 Harrison Street San Ramon, CA 94583 Oakland, CA 94607 Email: cityclerk@sanramon.ca.gov Email: Jortega@pccnorcal.com Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective. 24. Commencement, Completion and Closeout. Time is of the essence in the performance of this Agreement. Any time extension granted to CONTRACTOR must be in writing and shall not constitute a waiver of right the CITY may have under the Agreement. It shall be the responsibility of CONTRACTOR to coordinate and schedule the work to be performed so that commencement and completions take place in accordance with the provisions of the Agreement. Within thirty (30) days of completion CONTRACTOR shall submit to CITY a final billing to include all costs, charges, and claims in connection with the completed work. CITY shall not be required to pay for any work or claims not included on the aforementioned final billing. 25. Jurisdiction, Venue, and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This Agreement shall be governed by the laws of the State of California. 26. Signatures and Counterparts. This Agreement may be entered into by the Parties by signing any one or more counterparts, all of which shall constitute one and the same instrument. It is understood and agreed that this Agreement shall become effective and binding when one or more counterparts have been executed by each party and delivered to each other party. Additionally, electronic, facsimile, and scanned signatures shall be binding the same as originals. 27. Entire Agreement of Parties. This Agreement supersedes any and all agreements, oral or written, between the parties with respect to the rendering of services by CONTRACTOR to CITY and contains all of the representations, covenants and agreements between the parties as to the rendering of those services. In the event of a conflict between the body of this Agreement and its Exhibit B, the terms of the body of this Agreement and Exhibit A shall govern. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 12 of 33 REV.2019.09 IN WITNESS WHEREOF the parties have executed this Agreement on the dates indicated below, the latest of which shall be deemed the effective date of this Agreement. City of San Ramon, a Municipal Corporation “CITY” Precision Emprise LCC BDA Precision Concrete Cutting “CONTRACTOR” X: David E. Hudson, Mayor Date Joseph Ortega Date Vice President Joe Gorton, City Manager Date Title of Signatory X: The Foregoing Agreement has been Reviewed and Approval is Recommended: Marc Cussenot Date CEO Maria Fierner, Director Date Public Works Title of Signatory APPROVED AS TO FORM: 20866 Martin Lysons, City Attorney Date San Ramon Business License # ATTEST: Resolution No. 2021-090 Christina Franco, City Clerk Date Approved by City Council DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1 7/29/2021 7/30/2021 8/2/2021 8/2/2021 8/2/2021 8/2/2021 8/2/2021 DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 13 of 33 REV.2019.09 EXHIBIT A SCOPE OF SERVICE & PRICE SCHEDULE CONTRACTOR to provide on-call concrete assessment and documentation survey; and horizontal concrete shaving or saw-cutting services, for public sidewalks, curb ramps, pathways, driveways, valley gutters, curb and gutter, at various locations throughout the City. The Work is to be performed on and on-call and as-needed basis, based on Work Orders issued by the City, as further specified in the Contract Documents (attached hereto and incorporated herein). There is no guarantee as to the quantity of Work or number of Work Orders to be issued for the Project. All invoices for services shall be accompanied by reports indicating actual work completed and/or actual hours works. Additional services will be authorized on a task order basis, when necessary. Hourly rate increases will be allowed, upon written notification to the City, in order to ensure rates meet prevailing wage requirements, as determined by the Department of Industrial Relations (DIR). Pursuant to Section 1770, et seq., of the California Labor Code, CONTRACTOR shall not pay less than the prevailing rate of per diem wages as determined by the Director of California Department of Industrial Relations. The rates for the work below account for payment of prevailing wage rates. Due to potential for service level reductions and budget cuts, there is no guarantee that any or all work will be authorized. TASK EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT Mobilization per Work Order 6 Each $ - $ - Traffic Control System for Arterial Street 2 Per Day $ - $ - Traffic Control System for Collector Street 2 Per Day $ - $ - Traffic Control System for Residential Street 2 Per Day $ - $ - Survey and Data Documentation 60 Mile $ 250.00 $ 15,000 Horizontal Concrete Saw-Cutting or Shaving 1000 Inch-Foot $ 36.65 $ 36,650 Survey and Data Documentation (Curb and Gutter) 60 Mile $ 150.00 $ 9,000 Horizontal Concrete Saw-Cutting or Shaving (Curb and Gutter) 250 Inch-Foot $ 36.65 $ 9,163 DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 14 of 33 REV.2019.09 *Quantity of Inch-Foot is calculated by the average of the vertical height in inches, multiplied by the length in feet, measured along the same horizontal concrete saw-cut or shaved edge. TOTAL ANNUAL COST $ 69,813 TOTAL TWO-YEAR AMOUNT $ 139,625 CONTINGENCY FOR UNFORSEEN REPAIRS 20% $ 27,925 TOTAL TWO-YEAR CONTRACT AMOUNT NOT TO EXCEED $ 350,000 DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 15 of 33 REV.2019.09 EXHIBIT B SPECIAL AND TECHNICAL CONDITIONS Special Conditions 1. General. This Project is for on-call, as-needed Work. The actual amount of Work will be determined in individual Work Orders and the amount of Work specified in the Price Schedule is not guaranteed. Quantities shown in the Price Schedule are estimated quantities only and are given for the purpose of Proposal analysis. The City reserves the right to delete portions or all of the Price Schedule items after the Contract is awarded to the Contractor, depending on field determinations and availability of funds. Therefore, Contractor will not be entitled to compensation for the City's discretionary deletion of a portion or the entire Price Schedule items. 2. Character. Contractor, its employees, and any Subcontractors must conduct themselves in accordance with the City of San Ramon Sexual Harassment and Equal Opportunity Policy while on City property and engaged directly or indirectly in City business. This policy prohibits comments, slurs, jokes, innuendoes, pranks, physical harassment, unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Copies of the policy are available for review at the office of Engineering Services at 7000 Crow Canyon Road, San Ramon, CA. Violators of this policy will be discharged from the Worksite(s) immediately upon written direction of the Engineer, and will not be re-employed on the Project. 3. Grading and Erosion Controls. Contractor must comply with Ordinance No. 64, “Ordinance of the City of San Ramon Establishing Grading and Erosion Control Regulations and Procedures.” See also, relevant requirements in Article 7 of the General Conditions. 4. Submittals. Contractor must provide one paper copy and one PDF document of the following materials to the Engineer. Submittals must be made in advance of the materials’ planned incorporation into the Work, and must allow the Engineer five working days to review the submittal and respond to the Contractor. Contractor must submit sufficient information, specifications, and product data to demonstrate compliance with the Project requirements. Contractor must resubmit additional or revised information as may be required by the Engineer. No material may be used in the Work until written acceptance of the submittal has been made by the Engineer. See also, General Conditions Section 2.5, Submittals. 4.1 Submittals for Pre-Construction Conference. Contractor must submit the following submittals to the Engineer at the pre-construction conference: (A) Construction Site Best Management Practices action plan, Water Pollution Prevention Program and Storm Drain Inlet protection plan; DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 16 of 33 REV.2019.09 (B) List of certified traffic control supervisors; (C) Name, 24-hour contact information, including a cell phone number, and qualifications of the proposed on-site field supervisor; (D) List of all key Project personnel and their complete contact information, including email addresses and cell phone numbers during regular hours and after hours; (E) List of Contractor’s emergency phone numbers; (F) “No Fee” Encroachment Permit application; (G) Oil and grease stain cleaning solution and/or procedure; (H) Property Owner Construction Notification (flyer, door hanger, No parking, etc…) 4.2 Submittals for Work Orders. Unless otherwise specified in a Work Order, Contractor must submit the following submittals to the Engineer within five days of issuance of a Work Order: (A) “No Parking” actual signs, per Work Order; (B) Location of proposed Worksites, including employee vehicle parking, per Work Order; (C) Traffic control plan, as required for the Work Order; and (D) A detailed progress schedule with “work tasks,” “start day,” and “finish day.” The schedule shall show all work and detailed planned start and finish dates for each street within each area, consistent with the requirements of Section 5.2 of the General Conditions. 5. Permits. Contractor must obtain the following permits for the Work, in addition to any other permits required for the Project, and the requirements of General Conditions Section 7.1, Permits, Fees, Business License, and Taxes: 5.1 Encroachment Permit. Contractor must obtain from the City’s Engineering Department a “No Fee” encroachment permit application prior to the Work Order Meeting. Contractor cannot begin Work until an encroachment permit has been issued. 5.2 Oversized Load Permit. Contractor must obtain any required state or local permit to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in Division 15 of the California Vehicle Code. Any individual, firm, partnership, corporation, or other legal relationship operating or moving a vehicle exceeding the maximum size or weight specified in the Vehicle Code must apply for all such permits and pay all costs associated with insurance of such permits. 5.3 OSHA. Such permits and inspections as may be required in accordance with the safety and health requirements of the California Division of Industrial Safety. 6. Working Days. Normal working days shall be Monday through Friday, except legal holidays as recognized by the State of California, with the exception of Columbus Day, which the City of San Ramon recognizes as a working day, or as noted on individual Work DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 17 of 33 REV.2019.09 Orders. Any Work done on weekends or holidays must be approved two weeks in advance in writing by the Engineer. 7. Working Hours. Normal working hours shall be from 8:00 a.m. to 4:30 p.m. Monday through Friday or as noted on individual Work Orders. For all Work during any other hours including nights, weekends, or holidays, the Contractor shall make a written request to the Engineer. The request must be received at least two (2) weeks in advance of the work. If the Contractor's request is granted, overtime inspection costs of One Hundred Eighty Dollars ($180.00) per hour, per inspector, will be deducted from payments due or to become due to Contractor. 8. Pollution Prevention. Contractor must comply with the requirements of the Contra Costa Clean Water Program with respect to the Pollution Prevention Program. The major elements of this program include materials storage and spill cleanup; vehicle and equipment maintenance and cleaning; earthwork and contaminated soils; dewatering operations; sawcutting; paving/asphalt work; concrete, grout and mortar storage and waste disposal; and painting. See also, relevant requirements in Article 7 of the General Conditions. 9. Graffiti. Contractor must maintain each Worksite free of graffiti until the City accepts the Work. All graffiti must be removed immediately. Any graffiti in place longer than 24 hours is subject to removal by City at Contractor’s expense, plus a 35% markup, and will be deducted from payment due or to become due to Contractor. See also, General Conditions Section 2.2(B), Responsibility for the Work and Risk of Loss. 10. Project Appearance. Any debris, surplus material, loose gravel, mud and silt not cleaned up after 24 hours following deposit on a Worksite will be subject to removal by City at Contractor’s expense, plus 35% markup, and will be deducted from payment due or to become due to Contractor. See also, relevant requirements in Article 7 of the General Conditions 11. Markup for Defective or Unauthorized Work. Any costs incurred by City to remedy, remove, or replace defective or unauthorized work will include 20% markup, and will be deducted from any payment due or to become due to Contractor. See also, General Conditions Section 2.2(I), Correction of Defects. 12. Noise Control. The noise level from Contractor’s operations between the hours of 7:00 P.M. and 7:30 A.M. must not exceed 86 dBA at a distance of 50 feet. See also, General Conditions Section 7.20, Noise Control. 13. Notification to Public. All information displayed to the public regarding the Project must be neat, clear, meaningful, legible and timely. Any disputes regarding execution of public notification will be judged according to these criteria. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 18 of 33 REV.2019.09 13.1 When specified in a Work Order, at least seventy-two (72) hours prior to commencing Work, Contractor must notify, in writing, all residents and businesses adjacent to worksite. 13.2 When specified in a Work Order, Contractor must distribute additional City approved notices during construction as needed or as directed by the Engineer. 13.3 Any Work occurring on streets without proper notification may be terminated immediately, upon request of the Engineer, until proper notification is completed. No form of notification will be used without approval, in advance, by the Engineer. All sign types, barricades, flyers, mounting devices, and other forms of notification must be in accordance with these Special Conditions and submitted in advance to the Engineer for approval prior to the start of Work. 13.4 Contractor is responsible for maintaining correct, clear, and legible information on signs. 13.5 All signs must be new. Signs and equipment bearing names of other jurisdictions or construction companies not employed on the Project will not be permitted. Information on signs may be crossed out and rewritten only one time, and only if the new information can be presented legibly. All other changes to signs will require either new signs, or new information neatly applied to opaque labels completely covering obsolete information. 13.6 Barricades with signs must be removed within 24 hours after Contractor’s Work operation is complete, unless a subsequent operation will take place within three calendar days of completion, in which case only sign changes are required. Any barricades, with or without signs, not removed within 24 hours will be subject to removal by City personnel at Contractor’s expense, at a rate of $120 or $180 per personnel required, plus 35% markup, and will be deducted from payment due or to become due to Contractor. See also, General Conditions Section 7.3, Noninterference and Site Management. 14. Traffic. See also, General Conditions Section 7.3, Noninterference and Site Management. 14.1 Public Use. When Work is complete, Contractor must open it to use by the public if ordered or authorized by the Engineer. Contractor will not be allowed any compensation due to any delay, damage, or inconvenience caused by such public use. Contractor will not be relieved of any other responsibility under the Contract nor will he be relieved of cleanup and finishing operations. 14.2 Traffic Controls. Contractor must provide the necessary traffic controls such as, but not limited to, barricades, signs, flagmen, lights, and other warning and safety devices as required by the latest manual approved by the California Department of Transportation for traffic control through a Worksite. 14.3 Failure to Furnish Protective Measures. If Contractor appears to be neglectful or negligent in furnishing warning and protective measures, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures must be furnished DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 19 of 33 REV.2019.09 and installed by Contractor at its expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer will not relieve Contractor from responsibility for public safety or abrogate Contractor’s obligation to furnish or pay for these devices. 14.4 Traffic Control Plan. When required by the Engineer, Contractor must provide a traffic control plan for review and approval by the Engineer a minimum of 10 working days prior to construction. The Contractor’s attention is directed to the Traffic Control Plan requirements as specified in TS-4 “Traffic Control System,” of the Technical Specifications. END OF SPECIAL CONDITIONS Technical Specifications The Caltrans Standard Specifications and Standard Details dated 2018, shall apply except as noted herein or as shown on the Project or Work Order plans or City of San Ramon Standard Details. SECTION TS-1 – Mobilization TS-1.01 GENERAL Mobilization shall conform to Section 9-1.16D, “Mobilization,” of the State Standard Specifications. Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to and from a Worksite; for the establishment of all offices, buildings, on-site sanitary facilities, developing construction water supply and other facilities necessary for Work on the Project; and for all other work and operations which must be performed or costs incurred prior to commencement of work on the various work tasks on a Worksite. Furnishing and maintaining Project field offices, facilities, facility control and cleanup, developing a construction staging area and plan, storage yard fencing, storage lockers or other items of similar character, and implementing the requirements of Section 4-1.13, “Cleanup” of the State Standard Specifications, shall all be classified as mobilization. Obtaining permits and licenses and paying all related fees, notification to the public, preparation and update of construction schedules, coordination and cooperation, attendance of project meetings, preparation of daily reports, contractor/subcontractor insurance and bonds, and maintaining record documents shall all be classified as mobilization. A schedule of values shall be submitted, itemizing salient items, costs, and activities involved in each item. Items shall also include maintenance of such facilities and removal and cleanup costs. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 20 of 33 REV.2019.09 Payment will be made per Work Order completed. TS-1.02 CONSTRUCTION STAGING AREA No on-site storage is available. Contractor shall arrange for his/her own storage and staging area at Contractor's expense. Contractor shall prepare and submit a plan describing the construction staging area to the Engineer for approval. Contractor shall not permit any waste or damage to be done to the staging area and shall maintain the area in good condition, free of litter and debris. Upon completion of the Work, the area shall be restored to its pre-construction or better condition, including the repair of any damaged pavement, curbs, markings, or other public infrastructure components. TS-1.03 SANITARY RESTROOM FACILITIES Sanitary restroom facilities shall be furnished and maintained by the Contractor, and shall be mounted on a moveable trailer and moved to various Worksite(s) throughout the Project as necessary. The Contractor’s proposed locations for restroom facilities shall be reviewed with the Engineer prior to delivery and placement of restroom facilities. Restroom facilities shall be removed from the jobsite at the end of the work day prior to every weekend and/or holiday. TS-1.04 ENVIRONMENTAL REQUIREMENTS Contractor shall comply with all air pollution, water quality, and other environmental control rules, regulations, ordinances and statutes that apply to the project and execution of the work performed pursuant to the Contract, including the requirements of the Contra Costa Clean Water Program with respect to the Pollution Prevention Program. Attention is directed to Article 7.19 “Environmental Control,” of these General Conditions. Contractor shall implement construction site Best Management Practices ("BMPs") for control of non-storm water and point discharges, erosion and sediment control. A Construction Best Management Practices action plan, Water Pollution Control Program (WPCP) and Storm Drain Inlet protection plan shall be required for the project. Contractor shall be required to implement temporary construction site best management practices in accordance with the Construction Site Best Management Practices (BMPs) Manual issued by the State of California, Department of Transportation. Temporary BMPs required for this Contract include, but are not limited to: A. Stockpile Management: Implement BMPs, as appropriate, for soil stabilization and sediment control as applicable to stockpiles of various materials. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 21 of 33 REV.2019.09 B. Mobile Operations: Implement BMPs, as appropriate, for control of equipment fueling and maintenance, concrete mixing and wash out, hauling and storage of materials. BMPs shall control all specific situations that mobile operations can create. C. Wind Erosion Controls: Implement BMPs, as appropriate, for all disturbed soils on a Worksite that are subject to wind erosion when wind and dry conditions exist. D. Tracking Controls: Implement BMPs, as appropriate, for control of sediments and debris from the construction site. E. Non-Storm Water and Waste Management and Materials Pollution Controls: Implement BMPs, as appropriate, to control the discharge of materials other than storm water to the storm water collection system. The Contractor shall inspect BMPs regularly. Improperly installed, damaged or ineffective BMPs shall be corrected immediately. TS-1.05 MEASUREMENT AND PAYMENT The price paid for “Mobilization” is per Work Order issued by the City. It shall be considered as full compensation for mobilization as specified herein, including but not limited to notifications, Project records and documents, obtaining all required permits, licenses, and paying all fees, developing construction schedule, moving on the site any equipment required for the operations, preparatory work, coordination and cooperation, Project meetings, developing construction water supply, developing a construction staging area, providing onsite sanitary facilities, offices, subcontractor insurance and bonds, Contractor insurance and bonds, environmental requirements, demobilization, and all other mobilization work, and no additional payment will be allowed therefore. SECTION TS-2 – Stage Construction TS-2.01 GENERAL Attention is directed to Article 5.2, “Schedule Requirements,” of the General Conditions. Contractor shall prosecute all Work in a staged and sequential order, and provide all traffic control devices, signs, and temporary pavement delineation, as specified in the Work Order(s) and the Contract Documents. Subsequent items of Work in the stage construction location shall not commence until all the preceding items of Work in that stage of Work have been completed to the satisfaction of the Engineer. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 22 of 33 REV.2019.09 Overall scope of the Project involves several distinct neighborhoods. Work shall be performed in a staged and sequential order within a particular neighborhood, work operations may be staggered between neighborhoods, as permitted by the Engineer, when required. Multiple items of Work shall not be performed concurrently unless shown on the Contractor's Construction Schedule and approved by the Engineer. Minor deviations from the requirements of this section may be allowed by the Engineer if, in the opinion of the Engineer, prosecution of the Project will be better served and the Work expedited. Any request for such deviations by the Contractor shall not be adopted without the Engineer’s written approval. Contractor shall be responsible to verify with City staff if any other projects are expected to be active within, or near, the Project's limits. Contractor shall coordinate and cooperate with concurrent projects to minimize conflict and disruption to the public. Nothing in this section, or on the Plans, shall be construed as to relieve the Contractor of his/her responsibility to comply with the requirements of Section 7-1.04, “Public Safety,” of the State Standard Specifications. Failure to comply with the requirements and provisions in this section shall be sufficient cause for the Engineer to suspend work in accordance with the provisions of Article 13, “Suspension and Termination,” of the General Conditions. TS-2.02 MEASUREMENT AND PAYMENT Payment for stage construction shall be considered as included in the contract prices bid for the various items of work shown on the Price Schedule, which prices will be considered as full compensation for all labor, supervision, materials, equipment, tools and incidentals, and no additional compensation will be allowed therefore. SECTION TS-3 – Maintaining Traffic TS-3.01 GENERAL Attention is directed to Section 7-1.03, “Public Convenience,” Section 7-1.04, “Public Safety,” and Section 12, “Temporary Traffic Control,” of the State Standard Specifications. Nothing in these Technical Specifications shall be construed as relieving the Contractor from the responsibilities for public safety. Lane closures shall conform to the details shown in the most current edition of the “California Manual on Uniform Traffic Control Devices” ("CAMUTCD"), Caltrans Standard Plan T13, “Traffic Control System for Lane Closure on Two Lane Conventional Highways,” and provisions specified in Section TS-4, “Traffic Control System,” of these Technical Specifications. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 23 of 33 REV.2019.09 “Traffic Lane” shall be defined as that portion of the roadway for movement of a single line of vehicles. “Lane Closure” shall be defined as the temporary closure of a portion or the full width of an existing traffic lane. The temporary shifting of an existing traffic lane to shoulders, parking areas, medians or other areas of the roadway shall be considered a lane closure. Contractor shall schedule, stage and conduct all construction operations with regard to public convenience and in a manner to provide for the safe and expeditious movement of traffic. Prior to commencing any activity within any public right-of-way and as directed by City Inspector or Project Manager, the Contractor shall submit to the City a Traffic Control Plan and implement traffic control measures in accordance with the City-approved Traffic Control Plan. Contractor shall furnish and install temporary “No Parking” signs at least seventy-two (72) hours prior to the effective time of such restriction as needed to facilitate the work in public parking areas, in accordance with these Technical Specifications. Access to private homes, business establishments, etc., shall be provided by the Contractor at all times except when temporary closure is authorized by the Engineer or is otherwise shown on Plans. Notification of property owners shall be in accordance with Section TS-3.04, “Residential Streets Requirements,” and Section TS-4.05, “Resident and Business Notifications,” of these Technical Specifications. Within Work affecting business complexes and commercial areas, at least one (1) driveway shall be accessible at all times, and thoroughly coordinated with the Engineer. Temporary closure of driveways for more than one (1) day may be allowed subject to advance written notification of property owners and the approval of the Engineer. The written notification and approval shall specify the maximum length of time the driveway is to be closed. Prior to closure of driveways, the Contractor shall notify and coordinate with property owner or resident of such closure. Closure notices shall be given to property owner or resident a minimum of forty- eight (48) hours prior to each approved closure. Temporary driveways in excavation areas shall be provided with temporary compacted backfill materials with temporary asphalt surfacing as approved by the Engineer, or with permanent hot mix asphalt, to meet field conditions and enable sufficient support for vehicles using such temporary access. Openings shall be provided through temporary barricades and access provided to adjacent properties as directed by the Engineer in order to meet be in accordance with the requirements of Article 7.3, “Noninterference and Site Management,” Article 7.22, “Traffic,” and Article 10, “Safety Provisions” of these General Conditions; and Section TS-4, “Traffic Control System“ of these Technical Specifications. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 24 of 33 REV.2019.09 Personal vehicles of the Contractor's employees shall not be parked on the traveled way, including any section closed to public traffic. Pedestrian access and emergency vehicles access shall be provided at all times through the construction areas. Crosswalks will require special handling. Contractor shall submit location specific pedestrian handling plans which address the safe passage of pedestrians through the construction site. Access shall meet ADA requirements with a hard, non-skid surface. Qualified flaggers shall be utilized: 1. When it is necessary to change traffic controls frequently. 2. For stopping of through traffic for equipment movement. 3. For alternate directional use of a signal traffic lane. 4. To expedite the safe movement of traffic through or around work zones. 5. To expedite the safe movement of traffic through intersections. Flaggers shall be properly positioned, attired and equipped to perform these functions. Should permanent pavement markings become obliterated due to construction, the permanent markings should be restored as soon as practicable. If the Contractor is unable to restore permanent markings by the end of the shift, then temporary markings shall be provided prior to the Contractor leaving the Worksite. Temporary markings shall conform to the requirements of Part 6 of the CAMUTCD. Contractor shall temporarily cover any existing signs and signals which conflict with temporary signs, temporary pavement delineation, or traffic detours, as approved by the Engineer. TS-3.02 LANE CLOSURES A minimum of one (1) 11-foot traffic lane open for use by public traffic will be required at all times. In specific locations, if noted on the plans, the width of through lane(s) may be reduced to 10 (Ten) feet. The Contractor shall provide at least one flagger at each end at all times when the traveled way has been reduced to one traffic lane or when any one-way traffic control is implemented. A single flagger may be utilized when the length of one-way traffic control is short and, in the opinion of the Engineer, the criteria for a single flagger as defined in the CAMUTCD is met. No night, weekend, or holiday work is allowed unless approved by the Engineer. The full width of the traveled way shall be open for use by public traffic Saturdays, Sundays, holidays, at the end of each working period, and when construction activities are not actively in progress. The Contractor shall furnish, install, maintain, and remove all markers, portable signs, cones, delineators, barricades, flashing arrow signs, crash cushions, or any other traffic control devices necessary to ensure the safe passage of traffic through the work zone. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 25 of 33 REV.2019.09 TS-3.03 HOURS FOR LANE CLOSURES All arterial and collector street lane closures shall be restricted to the hours of 9:00 A.M. to 3:30 P.M., Monday through Friday. Lane closures shall be restricted to the hours of 8:30 a.m. to 4:30 p.m. Minor operations which do not require a lane closure shall be completed during the normal working hours specified in Article 5.2 (H), “Schedule Requirements,” of the General Conditions, and Section 7, “Working Hours,” of the Special Conditions. The full width of traveled way shall be open for use by public traffic on Saturdays, Sundays, holidays, at the end of each working period, and when construction activities are not actively in progress. Contractor's operations shall be so scheduled that traffic control can be discontinued and all lanes open to traffic no later than the stated time. At the end of each work period, components of the traffic control systems which are not needed shall be removed from the traveled way and shoulder. Minor deviations from lane closure requirements may be permitted upon written request seven (7) days in advance of lane closure. Such deviations shall not be adopted until the Engineer has given written approval. All other deviations will be made by contract change order. Failure to comply with the requirements and provisions in this section shall be sufficient cause for the Engineer to suspend work in accordance with the provisions of Article 13, “Suspension and Termination,” of the General Conditions. TS-3.04 MEASUREMENT AND PAYMENT Full compensation for furnishing all labor, supervision, materials, tools, equipment, site cleanup, set-up and maintenance of traffic control, and incidentals necessary to maintain traffic and install and remove safety features and for complying with the requirements of this section shall be considered as included in the Price Schedule for other items of Work, and no additional compensation will be allowed therefore except as noted below. Full compensation for furnishing all labor, supervision, materials, tools, equipment, site cleanup, set-up and maintenance of traffic control, and incidentals necessary to maintain traffic and install and remove safety features and for complying with the requirements of this section, where lane closures are required shall be included in the per day price in the Price Schedule for “Traffic Control System for Arterial Streets,” “Traffic Control System for Collector Streets,” and “Traffic Control System for Residential Streets” and no additional compensation will be allowed therefore, except as noted below. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 26 of 33 REV.2019.09 SECTION TS-4 – Traffic Control System TS-4.01 GENERAL This Work shall consist of implementing a Traffic Control System for closing traffic lanes in accordance with approved submittals for traffic control plans, the provisions of Section 12, “Temporary Traffic Control,” of the State Standard Specifications, and the provisions of Section TS-3, “Maintaining Traffic,” of these Technical Specifications. The provisions in this section shall not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.04, “Public Safety,” of the State Standard Specifications. Nothing in these Technical Specifications shall be construed as to reduce the minimum standards specified in the current California Manual on Uniform Traffic Control Devices published by Caltrans. Each vehicle used to place, maintain, and remove components of the traffic control system on the roadway shall be equipped with a Type II flashing arrow sign that shall be used for placing, maintaining, or removing said components. The signs shall be controllable by the operator of the vehicle while the vehicle is in motion. The minimum size shall be 36-inches by 72-inches. If any component in the traffic control system is displaced or ceases to operate or function as specified from any cause during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Lane closures shall not be permitted unless work in the closed lane area is in progress. Lane closures shall not exceed 1/4 mile unless otherwise approved by the Engineer. Failure to comply with the requirements and provisions in this section shall be sufficient cause for the Engineer to suspend work in accordance with the provisions of Article 13, “Suspension and Termination,” of the General Conditions. TS-4.02 TRAFFIC CONTROL PLAN Contractor shall submit all Traffic Control Plans ("TCPs") for review and approval within 5 working days after the City issued Work Order. The Contractor shall allow 10 working days for the City’s review for each submittal, and resubmittal. Traffic Control Plans shall be submitted for lane closure, and minor operations which affect intersections, and/or pedestrian accommodations. The Contractor shall submit TCPs for minor operations which affect intersections and for pedestrian accommodations. For minor operations in low-volume roadways, such as those involving a small work area, the Contractor may use the Traffic Control Typical Applications found in the latest edition of the CAMUTCD as traffic control submittal to the City. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 27 of 33 REV.2019.09 All TCPs, except as described in the aforementioned minor operations in low-volume roadways, shall be prepared and stamped by a registered civil or traffic engineer, and shall provide sufficient information and details to show typical lane closures, channelizing, and proposed detours or street closures, locations and usage of flagmen, typical construction zone signing, provisions for pedestrians, etc. TCP shall show in detail the proposed staging and sequencing of work together with the proposed traffic control system for each work task. The proposed traffic control system shall, in all respects, satisfy the requirements of these Contract Documents. The proposed TCP will be reviewed by the City’s Traffic Engineering Division and subsequently returned to the Engineer. The Engineer or designated City Inspector shall return it to the Contractor for any necessary revisions or corrections. Contractor shall revise and resubmit the TCP to the Engineer and this process shall be repeated until the proposed TCP is approved by the City’s Traffic Engineering Division. The Contractor will not be permitted to perform any lane closures or implement any part of the TCP until it has been approved by the City’s Traffic Engineering Division. It is the Contractor's responsibility to submit the TCP in a timely manner to obtain the required approvals prior to starting Work required by a Work Order. If the Contractor is unable or fails to submit and/or receive an approval of its Traffic Control Plan(s) within fifteen (15) working days after the issued Work Order, the City may take the necessary steps to have the Traffic Control Plan(s) prepared by a registered civil or traffic engineer. All costs incurred by the City to prepare the aforementioned Traffic Control Plans, including twenty (20) percent administrative markup, will be charged to the Contractor. Additionally, Contractor’s failure to submit and/or obtain approval of Contractor's Traffic Control Plan(s) and/or is unable or fails to implement the Traffic Control Plan(s) provided by the City shall be sufficient cause for the Engineer to suspend work in accordance with the provisions of Article 13, “Suspensions and Termination,” of the General Conditions. The days on which the suspension order is in effect shall be considered as working days. The increase of Contractor’s operation cost due to implementation of the Traffic Control Plan(s) to be provided by the City shall not constitute a basis for claim by the Contractor for extra payment or damages, and therefore, no additional compensation will be allowed. TS-4.03 TRAFFIC CONTROL SUPERVISOR The Traffic Control System shall be placed, maintained and removed under the direct supervision of a person who is certified by the Institute of Transportation Engineers (ITE), the American Traffic Safety Services Association (ATSSA), the International Municipal Signal Association (IMSA), or the State of California. The Contractor shall designate in writing the person who shall have the responsibility for supervising the activities associated with the Traffic Control System. This designation, along with proof of certification, shall be provided to the Engineer for his/her approval two (2) working days in advance of any planned activity that requires traffic control. The person designated shall have the authority to stop the Work if necessary. Failure of the designated person to be present at the jobsite when any part of the Traffic Control System is in place shall be considered a failure on the part of Contractor to perform a provision of the Contract. The Engineer shall in accordance with Article 13, “Suspensions and Termination,” of the General Conditions, DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 28 of 33 REV.2019.09 suspend all work until such time as satisfactory arrangements have been made to have a certified person on the Worksite at all times when the Traffic Control System is in place. TS-4.04 USE OF FLAGGERS AT INTERECTIONS In addition to the requirements specified on the Caltrans Standard Plans Caltrans Standard Plans T11, “Traffic Control System for Lane Closure on Multilane Conventional Highways,” and T13, “Traffic Control System for Lane Closure on Two Lane Conventional Highways,” Contractor shall provide flaggers at all intersections affected in any way by the construction. Work within all intersections shall be staged in such a fashion as to maintain traffic flow at all times. TS-4.05 RESIDENT AND BUSINESS NOTIFICATIONS Attention is directed to Section 13, "Notification of Public,” of the Special Conditions. At least two (2) weeks prior to commencement of Work at any location, the Contractor shall notify, in writing, adjacent property owners of the intent to repair curb, gutter, sidewalk, driveway, and construction of curb ramps. Contractor shall include in the notification any landscaping requiring trimming prior to concrete repair work, indicating that owners should trim any overhanging growth to a minimum of six (6) inches behind the sidewalk. For the notification of residents and businesses, the Contractor will submit notification flyers a minimum five (5) days prior to distribution for approval by the Engineer. The hours of distribution of these notices by Contractor shall be from 8:00 a.m. to 7:00 p.m., Monday through Friday. The Contractor should also indicate within the notification that the Contractor will not be responsible for the resulting look of the shrubbery in the case the Contractor must trim shrubbery in order to complete construction of the improvements. However, this does not preclude the Contractor from exercising due caution when necessary to trim shrubbery nor preclude the responsibilities set forth in Section TS-8, “Re-landscaping” of these Technical Specifications. In the event a full driveway is to be repaired, the Contractor shall notify the resident of the driveway repair, discuss the accessibility issue, and must maintain public access at all times by repairing only half of the driveway at a time. Contractor shall distribute additional City prepared notices during construction as needed or as directed by the Engineer. TS-4.06 TEMPORARY "NO PARKING" SIGNS Attention is directed to Section -13, “Notification of Public,” of the Special Conditions. Contractor shall furnish and install “No Parking” signs on construction area streets a minimum of seventy-two (72) hours and a maximum of five (5) days in advance of the period parking restrictions are to be in effect. These signs shall be placed on barricades in the project area facing the street. These signs will bear the “No Parking” time limits and dates. Time limits and dates to DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 29 of 33 REV.2019.09 be posted on “No Parking” signs shall not exceed the required time to perform each specific activity/item of work. For any violation of “No Parking” signs by the citizens, the Contractor shall contact the City Police Department for removal of vehicles. Location and duration of “No Parking” limits shall be approved by the Engineer. The type of “No Parking” signs to be furnished and installed by the Contractor shall be submitted to and approved by the Engineer prior to their use. The City of San Ramon Police Department phone number is (925) 973-2700. TS-4.07 REMOVAL OF SIGNS AND BARRICADES At the completion of construction operations, the Contractor shall remove barricades, signs, delineators, and other temporary measures from and immediately adjacent to the traveled way. The street shall be restored to its intended use, including the movement of public traffic, access to fronting properties and parking of vehicles. When permitted, such devices may be stored in the public right-of-way for a period not to exceed twenty-four (24) hours. Such storage is permitted provided the storage devices are stored in a neat and orderly manner and the storage does not interfere with the safe and orderly movement of traffic including vehicles, pedestrians and bicycles. Arrow boards shall not be stored in the public right-of-way. TS-4.08 MEASUREMENT AND PAYMENT The Contract unit prices paid per day for complying with the requirements where lane closures are required of this section shall be "Traffic Control System for Residential Street,” “Traffic Control System for Collector Street,” and “Traffic Control System for Arterial Street” in the Price Schedule, which shall be considered as full compensation for furnishing all labor, supervision, materials, tools, equipment and incidentals and for doing all the work involved including, but not limited to, controlling traffic; furnishing and implementing the traffic control plans; resident and business notification; placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of all the components of the traffic control system including all lane closures, message signs, and detours necessary for any activities during the life of the Project, all special and temporary signing necessary, and all other Work as shown on the City approved TCPs, as specified in the State Standard Specifications, the Work Order(s), and these Contract Documents, and as directed by the Engineer and no additional compensation will be allowed therefore Payment for traffic control system shall be considered as included in the Contract prices bid for the various items of Work shown on the Price Schedule, except for where lane closures are required. The Price Schedule prices will be considered as full compensation for furnishing all labor, supervision, materials, tools, equipment and incidentals and for doing all the work involved including, but not limited to: controlling traffic; resident and business notification; placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of all the components of the traffic control system including all lane closures and detours necessary for any activities during the life of the project; all special and temporary signing necessary; and all other Work as shown on the Work Order Plans and as specified in the State Standard Specifications, and the Contract Documents, including these Technical Specifications, as directed by the Engineer, and no additional compensation will be allowed therefore. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 30 of 33 REV.2019.09 The full cost of furnishing all flaggers and guards under the provisions of this section and Section 7-1.03, “Public Convenience,” Section 7-1.04, “Public Safety,” and Section 12-1.03, “Flagging Costs,” of the State Standard Specifications will be borne by the Contractor and shall be considered included in the contract prices bid for the various items of Work shown on the Price Schedule and no additional compensation will be allowed therefore. The adjustment provisions in Section 4-1.05, “Changes and Extra Work” of the State Standard Specifications, shall not apply to the Price Schedule items for “Traffic Control System for Residential Street,” “Traffic Control System for Collector Street,” and/or “Traffic Control System for Arterial Street.” Adjustments in compensation for traffic control system will be made only for increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. Such adjustment will be made on a force account basis as provided in Section 9-1.04, “Force Account,” of the State Standard Specifications for increased Work, and estimated on the same basis in the case of decreased Work. Traffic control system required by work, which is classified as Extra Work, as provided in Section 6.1, “Contract Modification” of the General Conditions, will be paid for as part of said Extra Work. SECTION TS-5 – Survey and Data Documentation TS-5.01 GENERAL The Work to be done consists of, but is not limited to: assessment and documentation of trip hazards within concrete public sidewalks, curb ramps, driveways, and/or pathways; identify locations for shaving or saw-cutting, patch repair, removal and replacement, and crack filling; photograph each location; document each location using the City’s GIS Concrete Sidewalk Assessment Application; and other miscellaneous work specified in the contract documents. Contractor will furnish all labor, materials, and equipment necessary to complete the work. TS-5.02 SURVEY Survey areas will be per Work Order, and shall consist of assessment and documentation of trip hazards with-in public sidewalks, curb ramps, driveways, and/or pathways. Using the City’s GIS Concrete Assessment Application, Contractor is to identify and document concrete slab locations for: 1) shaving or saw-cutting; 2) removal and replacement; 3) patching or crack filling; 4) areas with more than 4 inches in 4 feet of uplift; 5) areas with more than 4 inches in 8 feet of settlement; and 6) note dangerous conditions, extensive damage, or other conditions inhibiting the function of the sidewalk, curb ramp, driveway, pathway, curb, gutter, and valley gutter. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 31 of 33 REV.2019.09 Locations shall be noted by nearest address, and GPS coordinates (with-in ½ foot accuracy) For each location requiring shaving or saw-cutting, Contractor shall input all measurements, number the location, and upload a photo into the City’s GIS Concrete Assessment Application. TS-5.03 SURVEY CRITERIA The criteria for concrete sidewalks, driveways, curb ramps, and pathways for horizontal shaving or saw-cutting; is a vertical offset greater than ¾ inch, but no greater than half the thickness of the concrete slab, or as directed by the Engineer. Any existing sidewalk less than 2” thick shall not be considered for shaving or saw-cutting. The criteria for concrete sidewalks, driveways, curb ramps, and pathways for patching or crack filling; is a 5/8 inch or greater opening or crack. The criteria for concrete sidewalks, driveways, curb ramps, and pathways for removal and replacement, is locations unable to be repaired by saw-cutting, shaving, patching, or filling TS-5.05 MEASUREMENT AND PAYMENT Full compensation for furnishing all supervision, labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Survey and Data according to the provision of this Section, shall be considered as included in the Price Schedule unit price for “Survey and Data Documentation”. SECTION TS-5 – Concrete Shaving or Saw-cutting TS-5.01 GENERAL The Work to be done consists of, but is not limited to: horizontal shaving or saw-cutting and removing shavings or saw-cuttings; and other miscellaneous work specified in the contract documents, and/or as directed by the engineer. Grinding and/or pulverization of concrete is NOT acceptable or allowed. Contractor’s shaving or saw-cutting shall NOT leave ridges or grooves that could hold water and prevent water drainage. The Contractor shall provide for the public safety and public convenience in accordance with the provisions of Sections 7-1.03, "Public Convenience,” and 7-1.04, "Public Safety,” of the 2018 State Standard Specifications, and TS-3, "Maintaining Traffic,” TS-4, "Traffic Control System,” and TS-7 “Construction Area Traffic Control Devices” of these Technical Specifications. TS-5.02 HORIZONTAL CONCRETE SHAVING OR SAW-CUTTING Horizontal concrete shaving or saw-cutting of vertical offsets locations shall be assigned per Work Order. Work Order locations will be by area as to minimize Contractors mobilization time. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 32 of 33 REV.2019.09 Contractor shall shave or saw-cut concrete 0 inches to 2 inches, as long as the integrity of the concrete slab is not compromised. Any slab with thickness of less than 2 inches thick shall not be saw-cut or shaved. At each completed saw-cut or shave location, Contractor shall input all shaving or saw-cutting measurements of into the City’s GIS Concrete Sidewalk Assessment Application, and upload photo showing completed work. Contractor shall provide all labor and equipment to shave or saw-cut vertical offsets of ¾ inch – 2 inches in concrete sidewalks, curb ramps, driveways, and/or pathway. a. All concrete locations shall be shaved or saw-cut to provide a smooth transition between concrete slabs, with-in the public path of travel. The shaved or saw-cut areas shall be uniform, smooth, contain minimal grooving and be straight at the backline with little or no scarring of the adjacent concrete. ADA requirements of 8:1 slope will be provided in addition to a non-slip finish. b. Contractor shall take all necessary precautions to protect existing concrete surrounding the work area. Damage to the existing concrete to remain in place shall be repaired to a condition equal to that existing prior to the beginning of removal operations. The cost of repairing existing concrete damaged by the Contractor’s operation shall be at Contractor’s expense. c. Contractor will provide concrete dust control by use of high efficiency vacuum attachment secured to the port of the shaving or saw-cutting machine. All Best Management Practices (BMPs) shall be followed to prevent any bi-product from entering into the storm-drain system. d. Upon completion of each Work Order, the Contractor will notify the engineer in writing. Once Contractor and engineer have agreed on completed locations and signed off on quantities, Contractor will provide the City with an invoice per completed Work Order. If the existing curb, gutter, sidewalk, valley gutter, curb ramp, and driveway between the saw-cut line and the nearest existing score line cracks or becomes damaged during the course of construction, the Contractor shall be responsible for the removal and replacement of said damaged curb, gutter, sidewalk, valley gutter, curb ramp, and driveway all the way to the score line. No additional compensation shall be allowed for such repair work. All vegetation and excavated material shall be the property of the Contractor and shall be disposed of in accordance with Article 7.9, “Project Site Conditions and Maintenance,” of the General Conditions, and Section 5-1.20B (4), “Contractor-Property Owner Agreement,” of the 2018 State Standard Specifications. DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF Contractor: Precision Emprise LLC DBA Precision Concrete Cutting Agreement Amount: Not-to-Exceed $350,000.00 Project: On-Call Horizontal Concrete Saw-Cutting and Shaving Services Project Manager: Darin Fitzpatrick, Program Manager Maintenance Services Agreement Page 33 of 33 REV.2019.09 TS-5.05 MEASUREMENT AND PAYMENT Full compensation for furnishing all supervision, labor, materials, tools, equipment, and incidentals, and for doing all the work involved in concrete horizontal saw-cutting or shaving of sidewalks, curb ramps, driveways, valley gutters, curb and gutters, and/or pathways according to the provision of this Section, shall be considered as included in the Price Schedule unit price for “Horizontal Concrete Saw Cutting/Shaving,” and “Horizontal Concrete Saw Cutting/Shaving (Curb and Gutter)” END OF TECHNICAL SPECIFICATIONS DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF RESOLUTION NO.2021-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PRECISION EMPRISE LLC DBA PRECISION CONCRETE CUTTING FOR ON -CALL HORIZONTAL CONCRETE SAW -CUTTING AND SHAVING SERVICES FOR A TOTAL CUMULATIVE TWO-YEAR AMOUNT NOT TO EXCEED $350,000 AND WITH AN OPTION TO RENEW FOR AN ADDITIONAL ONE-YEAR TERM WHEREAS, the City of San Ramon requires on -call horizontal concrete saw -cutting and shaving services for public sidewalks, curb ramps, pathways, driveways, valley gutters, and curb and gutter at various locations throughout the City; and WHEREAS, the City of San Ramon issued a Request for Proposals (RFP) for On -Call Horizontal Concrete Saw -Cutting and Shaving Services on May 26, 2021; and WHEREAS, the City of San Ramon received three Proposals for the On -Call Horizontal Concrete Saw -Cutting and Shaving Services on June 17, 2021; and WHEREAS, staff has determined that Precision Emprise LLC dba Precision Concrete Cutting is qualified to perform the work identified in the RFP; and WHEREAS, after review of all Proposals submitted pursuant to said RFP, Precision Emprise LLC dba Precision Concrete Cutting's proposal was accepted and identified as most advantageous to the City; and WHEREAS, Precision Emprise LLC dba Precision Concrete Cutting by reason of qualifications, experience, and facilities for performing the type of services contemplated herein and is willing to provide the requested services; and WHEREAS, the Public Works Operating Budget for FY 2021/22, Sidewalk Repairs 2020/2021 Project and Sidewalk Repairs 2022/2023 Project (CIPs 400001 and 400005, respectively), Pedestrian Enhancement Devices (CIP 975413) and Dougherty Valley Tree Management Program (CIP 935564) identifies funding for the scope of work for Precision Emprise LLC dba Precision Concrete Cutting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the Mayor to execute an Agreement with Precision Emprise LLC dba Precision Concrete Cutting for On -Call Horizontal Concrete Saw -Cutting and Shaving Services for a total cumulative two-year amount not to exceed $350,000, and with an option to renew for an additional one-year term. Signatures on following page DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF PASSED, APPROVED AND ADOPTED at the meeting of July 13, 2021 by the following votes: AYES: Cm. Armstrong, Perkins, Verose, Zafar, and Mayor Hudson NOES: ABSENT: ABSTAIN: ATTEST: Christina Franco, Citj Clerk David E. Hudson, Mayor Resolution No. 2021-090 Page 2 of 2 DocuSign Envelope ID: 7EEFCDF2-1097-43D3-AE80-C8FEC3002CA1DocuSign Envelope ID: B230FBE4-A01F-4087-B66D-D3E0D2478DF2DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF City of Gilroy Agreement/Contract Tracking Today’s Date: August 1, 2022 Your Name: Michael Lewis Contract Type: Services over $5k - Contractor - NO ENG OR DESIGN Phone Number: 408-846-0265 Contract Effective Date: (Date contract goes into effect) 8/1/2022 Contract Expiration Date: 6/30/2023 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Precision Emprise LLC dba Precision Concrete Cutting 335 Beach Rd Burlingame, CA 94010 Taxpayer ID: 82-1353472 Contractor’s License # 1032474 Signer’s Name/Title: Joseph Ortega, Vice President Contract Subject: (no more than 100 characters) On-call horizontal concrete shaving for sidealks, curbs, and driveways. Contract Amount: (Total Amount of contract. If no amount, leave blank) $49,999.99 By submitting this form, I confirm this information is complete: Date of Contract Contractor/Consultant name and complete address Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached Taxpayer ID or Social Security # and Contractors License # if applicable Contractor/Consultant signer’s name and title City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation DocuSign Envelope ID: 061239C5-DE91-4F8D-BA2B-8224D65D08AF