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Item No. 11 Amend. No. 1 Precision Concrete Cutting Contract
City of Lake Elsinore LW811-Si no 130 South Main Street Lake Elsinore, CA 92530 www.lake - elsinore.org Ne °— IKikr- ' City Council Agenda Report File Number: TMP 20 -0007 Agenda Date: 1/12/2021 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 11) Amendment No. 1 to the Precision Concrete Cuttina (PCC) Contract Authorize the City Manager to execute Amendment No. 1 to the Agreement with Precision Concrete Cutting Contract Services and increase compensation by an additional $145,000 for a total amount not to exceed $175,000 per fiscal year with a 10% contingency for unforeseen additional work in substantially the form attached and in such final form as approved by the City Attorney. City of Lake Elsinore Page 1 Printed on 11712021 CITY OF i/`c� LADE LSIN0P%,E L DREAM EXTREME- REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Rick De Santiago, Public Works Manager Date: January 12, 2020 Subject: Amendment No. 1 to the Precision Concrete Cutting (PCC) Contract Recommendation Authorize the City Manager to execute Amendment No. 1 to the Agreement with Precision Concrete Cutting Contract Services and increase compensation by an additional $145,000 for a total amount not to exceed $175,000 per fiscal year with a 10% contingency for unforeseen additional work in substantially the form attached and in such final form as approved by the City Attorney. Background On July 1, 2020, the City entered into an agreement with Precision Concrete Cutting (PCC) for Concrete Cutting and Sidewalk Survey Services. The agreement's compensation was set at $30,000 per fiscal year. PCC specializes in sidewalk survey, assessment, and maintenance through a patented concrete cutting process. Discussion PCC complied a Sidewalk Assessment and Repair Program that covers citywide inspection and repairs of public sidewalks within the city limits. This program divides the city into seven (7) sidewalk maintenance zones. The inspection and repair of these seven zones are to be carried out on a zone by zone basis over a recurring five (5) year period. PCC currently has crews working on Zone 7 - Phases 1 and 2 (see attached Zone maps). Upon approval of this amended agreement, their crews will be scheduled to continue working throughout the City as they are currently mobilized for the survey and cutting of sidewalks. Citywide inspection of 395 miles of public sidewalks within the city limits of Lake Elsinore. Out of which 49 miles of public sidewalks in the Canyon Hills Subdivision and 8 specified school zones were surveyed in FY19 -20. There are 346 miles of public sidewalks that remain to be surveyed. Staff recommends thereby approving an agreement with Precision Concrete Cutting for sidewalk maintenance services throughout the City. Amendment No. 1 — Precision Concrete Cutting Contract January 12, 2020 Page 2 CITY OF LAKE ELSINORE Streets & Sidewalk Miles Centerline Miles *Sidewalk Miles Unique Sections Arterials /Collector Segments 48.5 192.15 198 Local Street Network 159.3 1302.67 1194 11398 (Alleys 0.5 ro 6 (Total 208.3 1394.82 Less Completed Sidewalk Survey Areas Canyon Hills Subdivision - Phase 1 7.5 115 44 187 8 School Zones 12 34 Revised Survey Total 1188.8 345.82 1267 Fiscal Impact Funds are available in the FY2020 -2025 Sidewalk Survey Program Capital Improvement Program budget. Exhibits A - Amendment No. 1 Agreement B — Proposal C — Original Agreement D — Zone Map AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES Safe Sidewalks, Inc. dba Precision Concrete Cutting Concrete Cutting and Sidewalk Survey Services This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of January 12, 2020, by and between the City of Lake Elsinore, a municipal corporation ( "City), and Precision Concrete Cutting, a Corporation ( "Contractor "). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of July 1, 2020 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount of Thirty Thousand dollars ($30,000). C. The Original Agreement had a term of three years (with two (2) 12 -month extensions), commencing on July 1, 2020 and ending on June 30, 2023. D. The parties now desire to increase the payment for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor's Proposal (referenced collectively as Exhibit A -1 Amendment No. 1). In no event shall Contractor's compensation related to Exhibit A -1 to Amendment No.1 exceed One Hundred Seventy Five Thousand dollars ($175,000) without additional written authorization from the City Council. Annual compensation during each renewal term, if any, shall not exceed One Hundred Seventy Five Thousand Dollars ($175,000). Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A -1 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager "CONTRACTOR" Precision Concrete Cutting, a Corporation Gary Beneduci Date: Attachments: Exhibit A -1 — Contractor's Proposal EXHIBIT A -1 CONTRACTOR'S PROPOSAL [ATTACHED] P �r�c1sroN COMM 199 MAN THE CITY OF LAKE ELSINORE /1W1-. MLI Citywide Sidewalk Assessment Repair Estimate X!WFPrNIEVW0M' Nei e PROJECT AREA City of Lake Elsinore The project includes the citywide inspection and repair of public sidewalks within the city limits of Lake Elsinore I- ++ walk Fr r:;in %-in 1 raiihaarl q rF ��rFlll i�i1Gr �� 9 9 C�amn4n11p I :wk T CbIL:3 J---7-3 -- I L k L.P.upainl Park 11 1 'ilr'OC � 'kk 5� k f f7�v ti - �:rl dp F'qrk X!WFPrNIEVWON' NeigT e City of Lake Elsinore The City of Lake Elsinore Sidewalk Maintenance Program divides the city into 7 sidewalk maintenance zones to be inspected and repaired over a planned and recurring 5 year period. The project includes the following: • Citywide Sidewalk Assessment and Repair on a zone by zone basis • Sidewalk Assessment of Canyon Hill Subdivision - Phase 3, 4, and 5 • Sidewalk Repair of Canyon Hill Subdivision over a 5 year period • Sidewalk Repair of 8 Specified School Areas IEOM EIV ISO 9 T Citywide Maintenance Program • 7 Sidewalk Maintenance Zones Hors ethie / Can yon • Annual recurring inspection & repair N hlhcrhill • 5 year cycle through the city ZONE, Lake flsinorE [I/ LI ri use � ry r�r ZONE 1, ZONE: Canyon Lake \ A r� - ` � Tuscany Hills a =� ,Q_1u,,,,,o,,, \ µ.r°°u""°"• Canyon Hills °., East Le ke ZONE \. .r Se co Hills Lakeland N Q • IrM Wildomar NeigT e City of Lake Elsinore Citywide inspection of 395 miles of public sidewalks within the city limits of Lake Elsinore. 49 miles of public sidewalks in the Canyon Hills Subdivision and 8 specified school zones were surveyed in 2019 - 2020. 346 miles of public sidewalks remain to be surveyed. CITY OF LAKE ELSINORE Streets & Sidewalk Miles Centerline Miles *Sidewalk Miles Unique Sections Arterials /Collector Segments 48.5 92.15 198 Local Street Network 159.3 302.67 1194 Alleys 0.5 0 6 Tota 1 208.31 394.82 1398 Less Completed Sidewalk Survey Areas Canyon Hillls Subdivision - Phase 1 7.5 15 44 8 School Zones 12 34 87 Revised Survey Total 1 188.81 345.82 1267 *Estimated Sidewalk Miles based on 90% of streets have sidewalks on both sides. IEON 9 T Price Summary Based on 346 estimated sidewalk miles and the preferential pricing associated with the CJPIA Master Services Agreement available to all members. Lake Elsinore Estimated Sidewalk Cost per Sidewalk I Total Survey Cost i Miles Mile Citywide Sidewalk Survey (7 Zones) Total 9M. 346 $386.00 133,556 $133,556 Canyon Hill Sidewalk Repair and Tree Survey Canyon Hill Sidewalk Repair project to be implemented annually in phases over a five year period together with city wide survey and repair NN 0- 11 I" V10 a RwMo 1 Railroad Canyon Rd Phase 2 W jr VONCRE UT7 ME-119M, romeff I T ESTIMATED TOTAL PROJECT REPAIRS TOTAL PROJECT REPAIRS* Project Totals Total Repair LOC Total Tree LOC Total Sq Feet Saw Cut $ Spall Fill $ Est R &R /Tree $ Total Project $ Canyon Hill Subdivision 950 717 29,909.00 $49,440.75 $1,650.00 $24,696.00 $75,786.75 *Estimate only. The information in this document is confidential, and is to be used only by the City of Lake Elsinore, and Precision Concrete Cutting in evaluating the project. Nei!Us - MUMMUMN Sidewalk repair at 8 specified school areas to be implemented annually together with citywide sidewalk inspection and sidewalk repair. 4.M .� sir ME-119M, romeff I T ESTIMATED TOTAL PRJECT REPAIRS TOTAL PROJECT REPAIRS* Project Totals I Total LOC ITotal Sq Feetl I Saw Cut $ I Spall Fill $ 1 Est R &R $ 1 ITotal Project $ 8 School Zones 1 1831 1 62,346.001 1 $69,744.751 $11,475.001 $31,410.00 $112,629.75 *Estimate only. Spall patch, Remove and Replacement not included in the scope The information in this document is confidential, and is to be used only by the City of Lake Elsinore, and Precision Concrete Cutting in evaluating the project. ME-119M, romeff IT ESTIMATE FOR ANNUAL SIDEWALK ASSESSMENT AND REPAIR ASSUMPTIONS • 5 Year Citywide Program recurring every 5 years • Annual Assessment and Repair • 395 Estimated Sidewalk Miles • 7 Sidewalk Maintenance Zones • 50 Sidewalk Miles average per Maintenance Zone • Repair of uneven sidewalks 1/2" high to 2" high • CJPAI Master Services Agreement Cost per Location • $4059 Average Repair Cost per Sidewalk mile • Includes Precision Saw Cutting, patching and Removal and Replacement ME-119M, m R I T ESTIMATE FOR SIDEWALK ASSESSMENT AND REPAIR SIDEWALK MAINTENANCE ZONES (1 -7) Annual SW Program Cost Summary Year 1 Year 2 Year 3 Year 4 Year 5 Total Citywide Sidewalk Assessment 26,711 26,711 26,711 26,711 26,712 $133,556 Citywide Sidewalk Repair by SW Zone 60,770 197,391 173,481 169,016 179366 $780,024 Canyon Hill Sidewalk Repair by Phase 49,889 25898 49808 54273 43922 $223,790 8 School Zone Sidewalk Repair 112,630 1 1 1 1 $112,630 Totals 1 $250,0001 $250,0001 $250,0001 $250,0001 $250,0001 $1,250,000 Estimate only. Some Demolition and Replacement Cost included in this estimate. 1 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED AGREEMENT FOR CONTRACTOR SERVICES Safe Sidewalks, Inc. Dba Precision Concrete Cutting Concrete Cutting and Sidewalk Survey Services This Agreement for Professional Services (the "Agreement ") is made and entered into as of July 1, 2020, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Precision Concrete Cutting, a Corporation ( "Contractor "). RECITALS A. The City has determined that it requires the following professional services: Concrete Cutting and Sidewalk Survey Services B. Contractor has submitted to City a proposal, dated August 21, 2020, attached hereto as Exhibit A ( "Contractor's Proposal ") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor's Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor's Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor's Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force Precision Concrete Cutting - FY20 -23 Contractor Services Agreement Page 1 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED and effect for a period commencing on July 1, 2020 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Thirty Thousand Dollars ($30,000) per fiscal year without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Page 2 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third - party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Page 3 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 9. Independent Contractor. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and /or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall Page 4 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor's field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and /or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and /or business licenses, certifications and /or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. Page 5 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly 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. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 Page 6 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. Page 7 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Precision Concrete Cutting. Attn: Mr. Gary Beneduci 5737 Kanan Road, 718 Agoura Hills, CA 91301 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. Page 8 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED 20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non - payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Page 9 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal is incorporated only for the description of the scope of services and /or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [Signatures on next page] Page 10 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation FDocuSigned by: aSbin, �iw�pSbin, Jason Simpson Assistant City Manager ATTEST: DocuSigned by: City C erk APPROVED AS TO FORM: DocuSSpigned by: �a26WLGO �Pi1�bOLN� City xorT6 y DocuSigned by: �t ain i t bin 6gL u Ris anager Attachments: Exhibit A — Contractor's Proposal Exhibit B — List of Subcontractors "CONTRACTOR" Precision Concrete Cutting, a Corporation DocuSigned by: EEBB®b6E ... By: Gary Beneduci Its: Owner Page 11 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED r J rrlp Hazard B anoval Specwista DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED ■ r ESTIMATED TOTAL PRJECT REPAIRS TOTAL PROJECT REPAIRS* Project Totals Total LOC Total Scl Feetj Saw Cut $ Spall Fill $ Est R &R $ 1 1 Total Project $ 8 School Zones 1831 1 62,346.001 1 $69,744.751 $11,475.001 $31,410.001 1 $112,629.75 *Estimate only. Spall patch, Remove and Replacement not included in the scope The Intotrnation in this document Is confidential, and is to be used only ny the City of Lake Elsw0re. and Precision Concrete Cutting in evaluating life crolect. DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED • r , nip FYs�rd Rerrgwl SpecialFs�a ESTIMATED TOTAL PROJECT REPAIRS TOTAL PROJECT REPAIRS* Project Totals Total Repair LOC Total Tree LOC Total Scl Feet Saw Cut $ 5 11 Fill $ Est R &R /Tree $ Total Project $ Canyon Hill Subdivision 950 717 29,909.00 $49,440.75 $1,650.00 $24,696.00 $75,786.75 *Estimate only The information in ttvs document is confidential, and is to k. De used on 0Y me Clty 01 Law Elsinore, and Procisk)n Concrete Cutting In evaluating Ire project DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED P,REClSlON GnNCRfTf CUTTING Rick De Santiago Public Works Superintendent City of Lake Elsinore 521 North Langstaff Street Lake Elsinore, CA 92530 Los Angeles /Central California P:(888)881 -9816 F:(818)698 -8280 www.SafeSidewalks.com November 10, 2020 Subject: Specifications and Pricing for trip hazard abatement, City of Lake Elsinore. Hello Rick: Thank you again for the opportunity to help improve the safety of your walkways in the City of Lake Elsinore. We are pleased to offer our budget stretching solution that will meet your ADA requirements and reduce your risk of liability. I have provided our pricing methodology, a breakdown of discounted rates, and repair specifications for the City of Lake Elsinore for Sidewalk Assessment and Uneven Sidewalk Repair services. We deeply appreciate your continued business. Please contact me by email at garyb @safesidewalks.com or call me at 888 - 881 -9816 Ext 1. My mobile phone is 1- 858- 699 -1089. We look forward to working with you. Sincerely; Gary Beneduci, General Manager Precision Concrete Cutting Los Angeles /Central California 5737 Kanan Road, #718 Agoura Hills, CA 91301 Phone: 888 - 881 -9816 Fax: 818- 698 -8280 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED Trip Hazard Removal Specialists PRICE METHODOLOGY Sidewalk Assessment Services Los Angeles /Central California P: (888) 881 -9816 F: (818) 698 -8280 www.SafeSidewalks.com Sidewalk Assessment is charged by the cost per sidewalk mile or cost per man hour. Uneven Sidewalk Repair Our standard pricing is based on the specific size and number of trip hazards we remove for each particular job. You pay only for the concrete removed. For each trip hazard identified, three measurements are taken: 1. Heightl — the highest point of the hazard 2. Height 2 — the lowest point of the hazard 3. Length of the hazard Sidewalk trip hazards are recorded and divided by the size of the vertical face exposed. We group surveyed hazards into the following three classes. Hazard Classes Less Severe (small) Severe (medium) Most Severe (large) Price per Location Above 1/4" high to 1/2" Above 1/2" high to 1" Above 1 " high to 2" Trip hazard removal is charged by the cost per Hazard Class category per 5 lineal feet location to the closest 1/2 foot as provided in the CJPIA Master Services Agreement. A removal of a trip hazard greater than 5 lineal feet shall be charged incremental cost per 5 feet location for the hazard class. SCHEDULE OF RATES The following schedule of rates for Sidewalk Assessment and Uneven Sidewalk Repair services are based on the California JPIA Sidewalk Maintenance Program and the preferential pricing associated with the Master Services Agreement available to all members. Contract Rate Schedule See CJPIA Master Service Agreement below. 2 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED P,REClSlON GnNCRfTf CUTTING REPAIR SPECIFICATIONS Los Angeles /Central California P:(888)881 -9816 F:(818)698 -8280 www.SafeSidewalks.com For this agreement we focus our specialized service on all hazards with a difference in vertical elevation of above 1/4" to 2 1/2". 1. Sidewalk hazards will be repaired at a slope of 1:12 and 1:8 in compliance with the Americans with Disabilities Act (ADA). 2. Sidewalk hazards will be removed from the full length of the panel (full edge to edge repair). 3. Handicap ramps or special areas will be repaired at a slope of 1:12, in compliance with ADA requirement. 4. Cut concrete to a uniform finish that meets OSHA standards for slip resistance 5. All trip hazard repairs will have a zero point of differential in height with the adjacent panel. 6. Repairs will affect only the panel causing the hazard; adjacent panels or immovable objects will be unaffected. 7. A dust abatement system will be used during all repair operations 8. All debris removed and repaired areas, sidewalks and grass left clean. Final Price and Invoicing: A complete, itemized summary of trip hazard sizes, location, and actual cost to remove will be provided to the customer with each invoice. Invoices will be issued at the end of the job or end of each week if the project requires multiple weeks for completion. Invoices are due upon receipt. Warranty on Service: We guarantee the quality of our work and the removal of all hazards completely as proposed. 3 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED MASTER SERVICES AGREEMENT This Master Services Agreement ( "AGREEMENT ") made as of this date, I / I x-01 C , by and between Precision Concrete Cutting ( "CONTRACTOR ") and The California Joint Powers Insurance Authority ( "AUTHORITY "). This AGREEMENT is created for the sole purpose of establishing an agreed -upon set of services and related costs in order to allow California JPIA members ( "MEMBER ") access to professional sidewalk inspection and maintenance services. Further, this AGREEMENT creates no obligation or expectation that any work will result from this agreement. The CONTRACTOR's specific services are defined below, and are available to MEMBER on an as- needed basis. The exact terms and conditions of such services are to be arranged between CONTRACTOR and MEMBER. MEMBER is responsible for initiating and requesting any work of CONTRACTOR. Service Option 1 SIDEWALK ASSESSMENT SERVICES CONTRACTOR will inspect sidewalks and provide a written inspection report in the format approved by the MEMBER (optional curbs and gutters can be included in the scope of work). The inspection reports shall include the identification, location, and description of each problem and recommended action to be taken. The format and information required may be changed at the request of MEMBER with the agreement of both parties. Sidewalk Assessment Fee Schedule Cost Per Sidewalk Mile Total Sidewalk Miles Estimated Cost per Day Estimated Man Days Total Estimated Assessment Cost $386.00 TBD $1,000 TBD $ TBD Sample Services and Responsibilities 1. MEMBER shall provide maps of specified areas to CONTRACTOR. 2. CONTRACTOR shall inspect public rights -of -way designated on the maps. 3. CONTRACTOR shall use current ADA and California Building Code standards, as applicable, in determining trip hazards. These hazards shall include, but not be limited to: a) Differential displacement between sidewalk sections 3/8" or greater b) Spall surfaces, holes in surfaces, and cracks above 1" wide or greater c) Deteriorated joints that have an eroded condition and are 1/2" wide or greater 4. CONTRACTOR shall record location of damaged sections in a GPS device. 5. Data entered into the GPS device shall be provided in writing to the MEMBER. 6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to: a) Identification and description of each problem condition b) Physical address and location, including GPS location data c) Size of the hazards in height, length, and square foot Rev. 11 ! 18 Pagel of 5 e�e DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED d) Probable cause of the hazard, if evident e) Pictures of damaged areas f) Priority for repair — high, medium, or low g) Recommended action to be taken 7. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion. Service Option 2 SIDEWALK TRIP HAZARD REMOVAL Hazard Class Small Medium Large Lineal Foot Square Foot (3/8" to 1/2 ") ( >1/2" to 1") (>1") per Location per Location Price per Hazard $25.75 $51.75 $104.25 5 lin. feet 25 sq. ft. Price per Sq. Ft. $1.03 $2.07 $4.17 $5.00 N/A CONTRACTOR shall be paid a fee for trip hazard repair service on lifted sidewalk with a difference in vertical elevation 3/8" and above to 2 1/2 ". The fee paid to CONTRACTOR for trip hazard removal shall be charged on a per hazard class per 5 lineal feet. Removal of a trip hazard greater than 5 lineal feet shall be charged in 5 linear foot increments: Example: A small hazard (3/8" to 1/2" high) that is 7 lineal feet shall be charged for 10 linear feet $26.50 x 2 locations - $53.00. Sample Services and Responsibilities I . CONTRACTOR shall repair sidewalk trip hazards from 3/8" and up to 2 1/2" in designated work areas as determined by the MEMBER. 2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other, if applicable, leaving a zero point of differential between slabs. 3. CONTRACTOR shall not cause any damage to landscaping, trees, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and /or CONTRACTOR's equipment does cause damage to above, the MEMBER must be notified immediately and damages must be repaired at the CONTRACTOR's expense within 24 hours of the time the damage occurred. 4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately. 5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s) or curb(s). 6. CONTRACTOR shall cut dry with dust abatement mechanism. No water - cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact. 7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes: a) The specific hazard height — both high side and low side measurement — in l /8ths of an inch b) The actual length of the repair to the nearest 1/2 foot c) The total width of actual repair to the nearest 1/2 foot d) The square feet of the effective panel from joint to nearest joint or score line e) The calculated unit for measurement shall be the square foot of the affected panel Rev. 11 18 Page 2 of 5 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED f) The physical location (address) of each repair g) Pictures of each repair, as requested h) Itemized cost of each repaired trip hazard 8. CONTRACTOR shall submit a detailed invoice setting forth the services performed, in accordance with the formula for saw- cutting calculations. All invoices must show the cut depth, size, length, width, square feet, address, the number of locations, and the date repaired for each hazard removal. The billing unit for invoice calculation shall be the number of locations where one (1) location is up to 5 lineal feet. 9. CONTRACTOR shall guarantee specified repair slope (1:12, or based upon the Americans with Disabilities Act and California Building Code) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery. 10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co- efficient of friction of at least 0.6. 11. Method of trip hazard removal shall entail precise saw- cutting performed with hand -held, electric - powered equipment, using a machined hub and flush- mounted, diamond - tipped blades. Must be capable of cutting at any angle and perform trip hazard removal in hard -to -reach areas, around obstacles, on narrow walkways, and next to fences and retaining walls or buildings. 12. CONTRACTOR shall make its best effort to notify residents 3 days in advance of any work and schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times. Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use. 13. CONTRACTOR shall take precautions during saw- cutting operations not to disfigure, scar, or impair the health of any tree on public or private property. Service Option 3 SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL See sample services and responsibilities under respective sections in Service Option I and Service Option 2. Service Option 4 FIVE -YEAR MAINTENANCE PROGRAM Hazard Class Small Medium Large Lineal Foot Square Foot Hazard Class (3/8" to 1/2") (>1/2" to I") (> 1 ") per Location per Location Price per Hazard $31.00 $62.00 $123.00 5 lin. feet 25 sq. ft. Price per Sq. Ft. $1.24 $2.48 $4.92 N/A N/A See sample services and responsibilities under respective sections in Service Option I and Service Option 2. Service Option 4 FIVE -YEAR MAINTENANCE PROGRAM Hazard Class Small Medium Large Lineal Foot Square Foot (3/8" to 1/2 ") ( >1/2" to 1 ") ( >1") per Location per Location Price per Hazard $31.00 $62.00 $123.00 5 lin. feet 25 sq. ft. Price per Sq. Ft. $1.24 $2.48 $4.92 N/A N/A Rev. 11/18 Page 3 of 5 4-1 DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED Sample Sidewalk Survey Services and Responsibilities 1. CONTRACTOR shall perform annual, semi - annual, or quarterly sidewalk inspection as determined by the scope of services to be defined by terms mutually set between the MEMBER and CONTRACTOR. 2. CONTRACTOR shall specify problems and recommend action to be taken. 3. CONTRACTOR shall prioritize the areas and problems to be resolved. 4. CONTRACTOR shall identify repairs to be accomplished by saw cutting. 5. CONTRACTOR shall identify spall surfaces, holes in surfaces, and cracks above 1" wide or greater. 6. CONTRACTOR shall recommend areas to be demolished and replaced. 7. CONTRACTOR shall provide written inspection report that shall include, but not be limited to: a) Identification and description of each problem condition b) Physical address and location, including GPS location data c) Size of the hazards in height, length, and square foot d) Probable cause of the hazard, if evident e) Pictures of damaged areas f) Priority for repair — high, medium, low g) Recommended action to be taken h) CONTRACTOR shall report to the MEMBER the results of the inspection upon completion Sample Sidewalk Trip Hazard Removal Services and Responsibilities 1. CONTRACTOR shall make repairs and recommendations to achieve the lowest overall cost to the MEMBER. 2. CONTRACTOR shall remove the existing trip hazards by saw cutting changes in elevation between adjacent panels from 3/8" up to 2 1/2" in height as specified in the scope of work defined by mutually set terms between the MEMBER and CONTRACTOR. 3. The MEMBER shall set a fixed budget "not to exceed" per month, per quarter, or per year. 4. CONTRACTOR shall provide in -depth report, audit -able for maintenance and risk management. Sample Remove/Replacement Survey Reporting Services and Responsibilities 1. CONTRACTOR shall survey and report all areas not recommended for saw cutting. 2. CONTRACTOR shall identify "remove and replacement" locations to maximize the repair of locations that truly need to be replaced. 3. CONTRACTOR shall provide a written report that identifies the location, length, width, and square foot measurement of the affected panels to be replaced. 4. CONTRACTOR shall provide GPS locations, maps and photographs of areas recommended for removal and replacement. 5. CONTRACTOR shall provide an in -depth report on a monthly basis, audit -able for maintenance and risk management. Rev. 11/18 Page 4 of 5 _og DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED FOR AUTHORITY: FOR CONTRACTOR: Norman Lefmarm _ Gary Beneduci NAME NAME Assistant Executive Officer General Mana ems— _ TITLE TITLE SIGN UR !�fAf URE DATE DAT� Rev. I F18 Page 5 of 5 1, DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED EXHIBIT B LIST OF SUBCONTRACTORS NONE EXHIBIT B DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED CERTIFICATE OF LIABILITY INSURANCE DA 10/ /9D/YYYY) 10/29/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Progressive Tower Insurance Service ac °Nr o EXt : (818)704 -1068 aC No): (818)812 -7854 7334 Topanga Cyn Blvd., Suite #108 E-MAIL jason @progressiveins.net Canoga Park, Ca, CA 91303 INSURERS AFFORDING COVERAGE NAIC # Phone (818)704 -1068 Fax (818)812 -7854 INSURERA: EVANSTON INSURANCE COMPANY INSURED INSURER B: Safe Sidewalks Incorporated DBA Precision Concrete Cutting INSURERC: EVANSTON INSURANCE COMPANY 5737 Kanan Road, #718 INSURER D: SIRIUS AMERICA INSURANCE COMPANY Agoura Hills, CA 91301- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR UBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 0 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000.00 MED EXP (Any one person $ 5,000.00 ❑ ❑ CLAIMS -MADE d❑ OCCUR 3AA434092 A ❑ Y Y 10/28/2020 10/28/2021 PERSONAL & ADV INJURY $ 1,000,000.00 ❑ GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000.00 d❑ POLICY ❑ PRO ❑ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ❑ ANY AUTO ALL OWNED SCHEDULED ❑ AUTOS ❑ AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED ❑ ❑ AUTOS $ ❑ ❑ UMBRELLA LIAB ❑ OCCUR ❑ EACH OCCURRENCE $ 2,000,000.00 EXCESS LIAB EZXS3036927 C d❑ El 10/28/2020 10/28/2021 AGGREGATE $ 2,000,000.00 ❑ DIED ❑ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- 0 ❑ AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE WC44085 -20 E.L. EACH ACCIDENT $ 1,000,000.00 D OFFICER/MEMBER EXCLUDED? N f A 06/11/2020 06/11/2021 (Mandatory in NH) � E.L. DISEASE - EA EMPLOYE $ 1,000,000.00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Lake Elsinore is listed as additional insured. CERTIFICATE HOLDER City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530. ACORD 25 (2010/05) QF CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU I RUKI=U Kr rKr br N I A I I V r ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED Progressive P O. Bo?, 94739 Cleveland. Cd 44101 1.800.895.2885 Certificate Holder Additional Insured CITY OF L4KE ELSINORE 130 SOUTH MAIN 1-41KE ELSINORE, CA 92530 Insured ....................................... ............................... SAFE SIDEWALKS iik PRECISION CONCRETE CUTTIN 5737 KA.NA.N 718 AGOURA HILLS, CA 9 130 1, IRR EY Policy number: 04510011 -6 Ondewritten by Progressive E; press Ins March 31, 2020 Page 1 of 1 Agent/Surplus lines Broker .. ............................... PROG COKdMER.CIAL PO BOX 94739 CLPVEI-411D, OH 44101 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the periods) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed belrnN are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. .......................................................................................................................................... ............................... Policy Effective Date. Jan 8, 2020 Policy Expiration Date: Jan 8, 2021 Insurance coverage(s) Limits ............................................................................................................................................ ............................... Bodily Injurx,? rope rty Damage $2,000,000 Combined Single Limit ............................................................................................................................................. ............................... Uninsured/Underinsured Motorist $2,000,000 Combined Single Limit Employer's Non-Owned, A'u'to BIPD $2,000,000 Combined Single Lirnit ......................................................... ............................... Hired .Auto Bodily Injury /Property Damage $2,000,000 Combined Single Lirnit Description of location /Vehicles /Special Items Scheduled autos only Certificate number 09120413011 Please be advised that additional insureds and loss payees will be notified in the event of a mid -term cancellation, Porm5Z41 (10rJ 2) DocuSign Envelope ID: 7B59E43F -242A- 4607- 8D7B- 8C4C44CB86ED BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: PRECISION CONCRETE CUTTING Business Location: 5737 KANAN RD STE 718 AGOURA HILLS, CA 91301 -1689 Owner Name(s): GARY BENEDUCI PRECISION CONCRETE CUTTING SAFE SIDEWALKS INC. 5737 KANAN RD # 718 AGOURA HILLS, CA 91301 -1689 CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674 -3124 BUSINESS LICENSE NO. 024325 Business Type: LIMITED SPECIALTY CONTRACTOR Description: MAINTENANCE AND REPAIR SIDEWALKS Issue Date: 11/1/2020 Expiration Date: 10/31/2021 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE _Al: WN ,�h 1 • &GL - - ,..OI fi ^ti py