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5.5 Agreement with Precision Emprise LLC for Sidewalk Inspection and Repair Services
r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 5.5 DATE: TO: FROM: SUBJECT: November 5, 2024 Honorable Mayor and City Councilmembers Colleen Tribby, City Manager Agreement with Precision Emprise LLC for Sidewalk Inspection and Repair Services Prepared by: Julius Pickney, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider approving an agreement with Precision Emprise LLC DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services. FINANCIAL IMPACT: The proposed agreement will be for a not -to -exceed amount of $850,000. These costs will be charged to the Public Works Department, based on the work being done and in accordance with the adopted annual operating budget, Capital Improvement Program project budgets, and/or developer deposit accounts. DESCRIPTION: The City of Dublin has approximately 130 centerline miles of public streets with accompanying sidewalks and curb ramps. City facilities and parks also include concrete pathways. Over time, sidewalks and pathways can become damaged or displaced, creating barriers to accessibility. Common issues include uplift caused by the growth of nearby trees and settlement due to underlying soil failure. In severe cases, this damage can lead to multiple cracks, resulting in the complete failure of the concrete walkway. When this occurs, the removal and replacement of the affected section is necessary. In cases of less extensive damage, concrete walkways may develop vertical offsets at joints, creating an uneven surface for pedestrians or cyclists. Larger offsets can also pose a tripping Page 1 of 3 1 hazard. When the offset is less than two inches, the City has used a contractor to repair the surface by saw -cutting the concrete at an angle to eliminate the unevenness. These repairs result in a surface that meets ADA standards and costs eight to 10 times less than the cost of full walkway removal and replacement. On September 17, 2019, the City Council adopted Resolution No. 93-19 approving an agreement with Precision Emprise LLC doing business as Precision Concrete Cutting (PCC) for Sidewalk Inspection and Repair Services. The four-year, $1 million agreement resulted in PCC inspecting over 176 miles of concrete walkways and repairing nearly 12,000 uneven locations. All locations repaired by saw -cutting, as well locations that required more extensive repair, were photographed and geo-tagged with coordinates. This data was integrated into the City's Geographic Information System for accurate tracking and management. A map of the sidewalks that have been inspected and repaired by PCC is included as Attachment 3 to this report. Staff recommends continuing the program of inspecting City sidewalks and walkways and repairing offsets less than two inches by saw -cutting the concrete. There are approximately 77 miles of concrete walkways and several parks and facilities still to be inspected and repaired. After that is complete, Staff recommends the inspection program continue annually with as -needed repairs completed when the inspections warrant such repairs. It is important to continually evaluate concrete walkways because conditions change over time due to factors like tree growth, soil movement, and general wear and tear. Typically, after the initial inspection and repair of all City walkways is complete, subsequent inspections result in fewer offsets to repair and therefore the process is less costly and less time consuming. Staff recommends entering into a new agreement with PCC to complete the remaining inspection and repair and then reinspection of areas previously inspected and repaired. The proposed contract would have a not -to -exceed amount of $850,000 with a term that extends until June 30, 2029. The agreement includes per -mile costs for concrete walkway inspection and reporting and a cost for each repair. Staff estimates that the remaining walkways, facilities, and parks can be inspected and offsets repaired by July 2026. After this, re -inspections will commence, starting with the walkways that were the first inspected under the former agreement. Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City can procure services from a competitive bid process administered by another public agency. On November 21, 2017, the City Council adopted Resolution No. 143-17 authoring the City to become a member of the National Purchasing Cooperative, BuyBoard. This cooperative was formed by government entities to streamline the procurement process for municipalities by providing access to vendors that were selected through a competitive bidding process. PCC has an active agreement with the National Purchasing Cooperative, BuyBoard (Attachment 4). Staff was pleased with the quality and value of services provided by PCC under the former agreement and recommends continuing the program with PCC, utilizing the competitive bid process administered by BuyBoard. Page 2 of 3 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving an Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services 2) Exhibit A to the Resolution - Contractor Services Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services 3) Map of Sidewalk Inspection and Repair Status 4) BuyBoard Contract with Precision Concrete Cutting, 657-21 Page 3 of 3 3 Attachment I RESOLUTION NO. XX — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH PRECISION EMPRISE LLC DBA PRECISION CONCRETE CUTTING FOR SIDEWALK INSPECTION AND REPAIR SERVICES WHEREAS, the City utilizes contract services to inspect and repair sidewalks throughout the City; and WHEREAS, the City of Dublin wishes to enter into a Contractor Services Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for sidewalk inspection and repair services in an amount not -to -exceed $850,000 to June 30, 2029; and WHEREAS, City Council approval is required for purchases of $45,000 or more and such purchases are required to comply with the competitive bidding process as described in the Dublin Municipal Code (DMC). DMC Section 2.36.100(B)(9) allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, on November 21, 2017, the City of Dublin City Council adopted Resolution No. 143-17 authorizing the City of Dublin to become a member of the National Purchasing Cooperative, BuyBoard, a purchasing cooperative which meets the DMC provisions for a publicly bid agreement; and WHEREAS, Precision Concrete Cutting has a valid contract with BuyBoard, for sidewalk inspection and repair services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Precision Emprise LLC DBA Precision Concrete Cutting attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non -substantive changes to carry out the intent of this Resolution. {Signatures on the following page} Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 4 PASSED, APPROVED AND ADOPTED this 5th day of November 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 5 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 Attachment 2 Exhibit A to the Resolution CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PRECISION EMPRISE LLC DBA PRECISION CONCRETE CUTTING FOR SIDEWALK INSPECTION AND REPAIR SERVICES THIS AGREEMENT for sidewalk inspection and repair services is made by and between the City of Dublin ("City") and Precision Emprise LLC DBA Precision Concrete Cutting ("Contractor") (together sometimes referred to as the "Parties") as of November 5, 2024 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2029, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month -to -month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder. 1.5 Public Works Contractor Registration. Because the services described in Exhibit A include "work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work," the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 1 of 18 6 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $850,000, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Consultant's proposal, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 2 of 18 7 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense ■ The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ■ The Contractor's signature; ■ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 3 of 18 8 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 4 of 18 9 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project's safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 5 of 18 10 Docusign Envelope ID: 2A372087-BF53-470C-950C-451 DFA2ABC28 employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. 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. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers' Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability 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 Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 6 of 18 11 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non -owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 7of18 12 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: ■ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 8 of 18 13 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ■ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement 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 City, Contractor shall 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. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City's business; and is Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 9 of 18 14 Docusign Envelope ID: 2A372087-BF53-470C-950C-451 DFA2ABC28 customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 10 of 18 15 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 11 of 18 16 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor's Books and Records. 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 the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 12 of 18 17 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 13 of 18 18 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Precision Concrete, Cutting Attn: Joseph Ortega 335 Beach Road Burlingame, CA 94030 Any written notice to City shall be sent to: City of Dublin Att: Public Works Manager 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses 10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City -approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. 10.13 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 14 of 18 19 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one -and -one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. B. WAGES: i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 15 of 18 20 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. c. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 16 of 18 21 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. SIGNATURES ON FOLLOWING PAGE Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 17 of 18 22 Docusign Envelope ID: 2A372087-BF53-470C-950C-451 DFA2ABC28 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN PRECISION CONCRETE CUTTING DocuSigned by: b)om,r(k, 50-nt46t Ar1r4by. Colleen Tribby, City Manager JobB!sep5 mega, Vice President of Development Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney 1000053728 - Contractor's DIR Registration Number (if applicable) Services Agreement between City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting November 5, 2024 Page 18 of 18 23 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 EXHIBIT A SCOPE OF SERVICES The scope of services required to assist the City include but are not limited to condition assessment, reporting, notices, and minor concrete repair/maintenance services on sidewalks throughout the Public Right of Way and City -owned public sidewalks within the designated service areas including, city wide sidewalk infrastructure, city facilities, and parks as listed below. All work shall be done in accordance with Americans with Disabilities Act (ADA) standards. Contractor agrees to the following terms: 1. Contractor to provide concrete inspection services for designated City -owned public sidewalks to include location of offset, before photos, complete measurements of offset, and photo of repaired offset. This information shall be provided as a report to the City in a format that is compatible with the City's Geographic Information System (GIS) software (Esri Shapefile or Esri GeoDatabase). 2. Contractor to provide the City with a list of shave locations. Contractor to provide minor concrete repair/maintenance services as needed and determined by the Public Works Maintenance Superintendent or their designee. 3. Contractor shall furnish all labor, materials and equipment necessary to complete tasks. 4. Contractor shall remove and dispose of existing temporary ramps at no extra charge. 5. Contractor shall provide dust control by use of high efficiency vacuum attachment secured to the portion of the cutting or shaving machine. 6. Contractor shall collect, remove and dispose of all remove and replace material, cutting or shaving residue at no additional cost. 7. Contractor shall install traffic controls, as required, in compliance with the most recent adopted California Manual on Uniform Traffic Control Devices (CA MUTCD). 8. No work shall commence under this contract without prior written notification from Public Works Maintenance Superintendent, or their designee. 9. Contractor shall adhere to all National Pollutant Discharge Elimination System (NPDES) Stormwater best management practices (BMPs). Refer to the attached "Construction Phase Stormwater BMPs" document for a partial list of BMPs. 10. On -Call response time: Contractor shall mobilize within 48-hours, providing the necessary workforce and equipment, when requested by the City to inspect and repair by concrete cutting the offset or damaged sidewalk. If concrete cutting is not a feasible repair option, Contractor shall provide the City with an inspection report that includes recommended repair methods and associated costs. 11. As requested, Contractor will mail notices to property owners notifying them of their responsibility to repair sidewalks. All Notices will be based on the City of Dublin standard template and approved by the Public Works Maintenance Superintendent, or their designee. 12. As requested, Contractor will print and place door hanger at each property providing notice of a sidewalk that needs removal and replacement at the property owners expense or a sidewalk that has been repaired at no cost as a onetime service by the City's Contractor. Services Agreement between November 5, 2024 City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Exhibit A — Page 1 of 3 24 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 City Facilities and Parks: ALAMO CANAL TRAIL ALAMO CREEK PARK BRAY COMMONS BUTTERFLY KNOLL PARK CALAVERAS RIDGE REGIONAL TRAIL CIVIC CENTER CLOVER & SUNRISE PARKS DEVANY SQUARE DOLAN PARK DON BIDDLE COMMUNITY PARK DONLON CANYON TRAIL & LOOP DOUGHERTY HILLS DOG PARK DOUGHERTY HILLS OPEN SPACE DUBLIN LIBRARY DUBLIN SPORTS GROUNDS (DSG) EMERALD GLEN PARK FALLON SPORTS PARK HERITAGE PARK & MUSEUMS IMAGINE PLAYGROUND AT DSG IRON HORSE TRAIL JORDAN RANCH PARK KOLB PARK MAPE MEMORIAL PARK MARTIN CANYON CREEK TRAIL PASSATEMPO PARK PIAllA SORRENTO POSITANO HILLS PARK PUBLIC SAFETY COMPLEX SCHAEFER RANCH PARK SEAN DIAMOND PARK SENIOR CENTER SHANNON COMMUNITY CENTER SHANNON PARK STAGECOACH PARK TASSAJARA CREEK TRAIL TED FAIRFIELD PARK THE WAVE Corporation Yard Fire Station 16 Fire Station 17 Fire Station 18 Agreement will allow for additional facilities to be added and approved by the Public Works Manager, or their designee. In addition, Public Works Manager, or their designee may approve additional unforeseen, but related, services in addition to those services approved in this Agreement. Services Agreement between November 5, 2024 City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Exhibit A — Page 2 of 3 25 Docusign Envelope ID: 2A372087-BF53-470C-950C-451DFA2ABC28 COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Reimbursable expenses are built into rates as follows: Service ADA Compliant Uneven Sidewalk Repair Services Sidewalk Asset Management Assessment/Surveying Mailing Notices Door Hanger Notices Annual estimated costs are as follows: Year 1 $250,000 Year 2 $250,000 Year 3 $150,000 Year 4 $100,000 Year 5 $100,000 Total NTE $850,000 Cost $54 / Inch Foot (IF) $300 / Sidewalk Mile $15 per Notice/ Address $5,000/ Year Includes cost for condition assessment services, notices, GIS reporting, and uneven sidewalk repairs. Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as work is completed. Invoices shall be submitted for services rendered from the first to the last day of each month. Contractor shall submit to the City any proposed increase to costs no later than 60 days prior to the state of a new Fiscal Year (July 1-June 30). Any changes to cost shall be approved in writing by the Public Works Manager, or their designee. Any such increase shall be calculated based on the Consumer Price Index for All Urban Consumers (CPI-U) and shall not exceed 3% annually. Services Agreement between November 5, 2024 City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Exhibit A — Page 3 of 3 26 Attachment 3 DUBLIN CALIFORNIA City Wide Sidewalk Infrastructure Network Green — Sidewalks Completed Red — Sidewalks Remaining 27 Attachment 4 Board fVF 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buvboarr1.cpm PROPOSER'S ACCEPTANCE AND AGREEMENT Proposal Invitation Name: Building Maintenance, Repair, and Operations Supplies and Equipment Proposal Invitption Number: 657-21 Contractlerm: December 1, 2021 through November 30, 2022 with two possible one-year renewals. Proposal Due DatelOnening Date and Time: June 17, 2021 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Bivd. Austin, TX 78759 Anticipated Cooperative Board Meetino Date: October 2021 By signature below, the undersigned acknowledges and agrees that you are authorized to submit this Proposal, Including making all acknowledgements, consents, and certifications herein, on behalf of Proposer and, to the best of your knowledge, the Information provided Is true, accurate, and complete. Precision Concrete Cutting Name of Proposing Company 3191 N Canyon Road Date 65 Street Address Slgnatur- of uthorized C •• •any 0 dal Provo, UT 84604 City, State, Zip (801) 373-6060 Matthew Haney Printed Name of Authorized Company Official President Telephone Number of Authorized Company Official Position or Title of Authorized Company Official (801) 373-6088 04-3800739 Fax Number of Authorized Company Official Federal ID Number Page 10 of 76 Proposal Forms CONST. v.0.01.2021 28 MY Board PURdU3WO COOPERAI[YE 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 ■ buvbaard.com PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete ail forms in this Proposal Forms Part 1: ■ Proposal Acknowledgements ■ Felony Conviction Disclosure ■ Resident/Nonresident Certification • Debarment Certification ■ Vendor Employment Certification • No Israel Boycott Certification ■ No Excluded Nation or Foreign Terrorist Organization Certification ■ Historically Underutilized Business Certification • Acknowledgement of BuyBoard Technical Requirements • Construction -Related Goods and Services Affirmation • Deviation and Compliance • Vendor Consent for Name Brand Use ■ Confidential/Proprietary Information ■ EDGAR Vendor Certification ■ Compliance Forms Signature Page An authorized representative of Proposer must initial irijhe bottom right comer of each nacre where indicated and complete and sign the Compliance Forms Signature Page. Proposer's failure to fully complete, initial, and sign forms as required may result in your Proposal being rejected as non -responsive. PROPOSAL ACKNOWLEDGEMENTS The proposing company ("you" or "your") hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all information and documentation associated with this Proposal Invitation, Including the Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, appendices, item specifications, and line items (collectively "Requirements"); 2. By your response ("Proposal") to this Proposal Invitation, you propose to supply the products or services submitted at the pricing quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted In the Proposal; 3. By your Proposal, you acknowledge and certify all items set forth in the General Terms and Conditions, Section B.12 (Certifications), including all non -collusion certifications and certifications regarding legal, ethical, and other matters set forth therein. 4. Any and all deviations and exceptions to the Requirements have been noted in your Proposal on the required form and no others will be claimed; Initial:0 Page 11 or 75 Proposal Forms cONST. v.03.O2..2022 29 Board PURCNASINO COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2139 PH: 800-695-2919 • buvboard.coni 5. If the Cooperative accepts any part of your Proposal and awards you a Contract, you will furnish all awarded products or services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similarly situated customers in similar circumstances; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy -back contract by the National Purchasing Cooperative or nonprofit entity, in which event you will offer the awarded products and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your Contract; 6. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under the Texas Public Information Act or similar public information law; 7. The individual submitting this Proposal is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form or Proposal document) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 8. You have carefully reviewed your Proposal, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 9. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Proposal Invitation, termination of a contract award, or any other remedy or action provided for in the General Terms and Conditions or by law. FELONY CONVICTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract." Please check (V) one of the following: ❑ My company is a publicly -held corporation. (Advance notice requirement does not apply to publicly -held corporation.) ■❑ My company is not owned or operated by anyone who has been convicted of a felony. ❑ My company is owned/operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): Initial: Page 12 of 76 Proposal Forms CONST. v.03.01.2021 30 Board° PURCHASfNA CONTRA TOT 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com RESIDENT/NONRESIDENT CERTIFICATION Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who are not Texas residents. Under the statute, a "resident" proposer is a person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A "nonresident" proposer is a person who is not a Texas resident. Please indicate the status of your company as a "resident" proposer or a "nonresident" proposer under these definitions. Please check (V) one of the following: ❑ I certify that my company is a Resident Proposer. I■❑ I certify that my company is a Nonresident Proposer. If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in which your company's principal place of business is located): Precision Concrete Cutting 3191 N Canyon Rd Company Name Address Provo UT City 84604 State Zip Code A. Does your resident state require a proposer whose principal place of business is in Texas to under -price proposers whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract? ❑ Yes ❑ No B. What is the prescribed amount or percentage? $ or DEBARMENT CERTIFICATION By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government -wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an owner or principal is later listed on the government -wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in Texas. If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas, does your company, ultimate parent company, or majority owner employ at least 500 people in Texas? Please check (V) one of the following: ❑ Yes El No Initial: Page 13 of 76 Proposal Forms CONS-T. v.03.01.2021 31 Board 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • tuvboard.com NO ISRAEL BOYCOTT CERTIFICATION A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (TEx. Gov'r CODE Ch. 2270). Accordingly, this certification form is induded to the extent required by law. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. TEx. Gov'r CODE §808.001(1). By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of any contract awarded under this Proposal Invitation, that this certification Is true, complete and accurate, and that I am authorized by my company to make this certification. NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature on the Compliance Forms Signature Page, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION A Proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business Enterprise or "MWBE" and all referred to in this form as a "HUB") is encouraged to indicate its HUB certification status when responding to this Proposal Invitation. The BuyBoard website will indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. Please check (A all that apply: ❑ I certify that my company has been certified as a HUB in the following categories ❑ Minority Owned Business ❑ Women Owned Business ❑ Service -Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a service -connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of Defense) Certification Number: Name of Certifying Agency: E] My company has NOT been certified as a HUB. Initial: W" Page !A of 76 Proptisal Furors COHST. v.n3.61.2021 32 Boyd 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • puvboard.com ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements induded in this Proposal Invitation. By signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements, and certifies that Vendor is able to meet and will comply with those requirements except as follows: `List and explain BuyBoard Technical Requirements, if any, to which your company cannot or will pot comply.] Note: In accordance with the General Terms and Conditions of the Contract, to the extent Vendor is awarded a Contract under this Proposal Invitation but is unable or unwilling to meet the applicable BuyBoard Technical Requirements, the information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. Further, to the extent Vendor has acknowledged ability to meet and comply with the BuyBoard Technical Requirements, any subsequent failure or refusal by Vendor to promptly provide information upon request to the Cooperative administrator in accordance with those technical requirements may be deemed an event of default under the Contract. CONSTRUCTION -RELATED GOODS AND SERVICES AFFIRMATION The Cooperative issued the BuyBoard Procurement and Construction -Related Goods and Services Advisory for Texas Members ["Advisory"}, which provides information specifically relevant to the procurement of construction -related goods and services by Texas Cooperative members. The Advisory, available at buyboard.com/VendorJResources.asox, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction -related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. Because many BuyBoard contracts include goods or installation services that might be considered construction -related, Proposer must make this Construction Related -Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. A contract awarded under this Proposal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Advisory ("Advisory"), Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This Proposal Invitation and any Contract awarded thereunder does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. By signature on the Compliance Forms Signature Page, Proposer affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction - related goods or services to a Cooperative member under a Contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before accepting the member's Purchase Order, Member Construction Contract, or other agreement for construction -related goods or services. Initial: Page 15 or 76 PSI farms CAST. v.03.01.20? l 33 Board PURCRANNOCOOKRATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PM: 800-695-2919 • buvboard.com DEVIATION AND COMPLIANCE If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed information regarding the deviations on this form or an attachment to this form. Prior to completing this form, Vendor shall review the General Terms and Conditions section B.4 (Deviations from Item Specifications and General Terms and Conditions). Please note that, as provided in section B.4, certain provisions of the General Terms and Conditions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by the Cooperative. Any attempted deviation, whether directly or indirectly, to provisions identified in this Proposal Invitation as not subject to deviation shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor's Proposal being rejected in its entirety. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a Contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative, by and through the Cooperative administrator, may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a Proposal based upon any submitted deviation. Please check (') one of the followinn: O No; Deviations ❑ Yes; Deviations List and fully explain any deviations you are submitting: Initial: Page 15 of Ifs Proposal Fares CONST. v.03.Q1,20:1 34 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 . buyboard.com VENDOR CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases using a Contract awarded under this Proposal Invitation may view information regarding awarded Vendors, including but not limited to product catalogs, pricelists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience of BuyBoard members seeking to procure goods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product images, and similar brand and trademark information provided by Vendor for purposes of the Contract ("Vendor Information"} may be posted on the BuyBoard website. You acknowledge that, by submitting your Proposal, unless you specifically opt out below, you consent to use of your company's Vendor Information on the BuyBoard website if awarded a Contract. You further acknowledge that whether, where, and when to include the Vendor Information on the BuyBoard website shall be at the sole discretion of the BuyBoard Administrator. Vendor retains, however, the right of general quality control over the BuyBoard Administrator's authorized display of proprietary Vendor Information. Neither the BuyBoard nor its administrator will be responsible for the use or distribution of Vendor Information by BuyBoard members or any other third party using the BuyBoard website. This Vendor Consent shall be effective for the full term of the Contract, including renewals, unless Vendor provides a signed, written notice revoking consent to contractadmin@buvboard.com. BuyBoard shall have up to thirty days from the date of receipt of a termination or revocation of a Vendor Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subject to the Terms and Conditions of the Contract, including, but not limited to, those terms pertaining to disclaimer of Warranty and Limitation of Liability, Indemnification, and Intellectual Property Infringement. Vendor logo files must be submitted in one of the formats set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor's Proposal. (This consent shall not authorize use of your company's Vendor Informations by BuyBoard if your company is not awarded a Contract.) OPT OUT: If your company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the opt out box below. DO NOT select this box unless your company Is opting out of this Vendor Consent for Name Brand Use. ❑ By checking this box, Vendor hereby declines to provide consent for use of Vendor Information (as defined herein) on the BuyBoard website. By opting out, Vendor acknowledges and agrees that, if Vendor is awarded a Contract under this Proposal Invitation, information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. Initial; Page 17 of 76 Proposal Forms COKST 03.01.2011 35 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 ' buyboard.corn CONFIDENTIAL/ PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, catalogs, pricelists, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. When required by the Texas Public Information Act or other disclosure law, Proposer may be notified of any third -party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, catalogs, pricelists, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check (V) one of the following: ElNO, I certify that none of the information included with this Proposal is considered confidential or proprietary. 0 YES. I certify that this Proposal contains information considered confidential or proprietary and ail such information is specifically identified on this form. If you responded "YES", you must clearly identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and Cooperative administrator shall not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and Cooperative administrator will disclose information when required by law, even if such information has been identified herein as information Vendor considers confidential or proprietary. Confidential / Proprietary Information: Due to the nature of our business, fixing trip hazards, that represent a potential legal liability to our customers the information regarding current or previous customers is considered confidential. Additionally, we request that customer information be kept confidential for competitive purposes. Please keep all information regarding governmental references confidential. (Attach additional sheets if needed.) Initial: Page 18 of 76 Proposal Forms CONST. v.03.01.2021 36 Boarci 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 ' buyboard.com B. Copyright Infornntion Does your Proposal (including forms, documentation, priceiists, catalogs, ar other materials submitted with the Proposal) contain copyright information? Please check IV) one of the following' IDNO, Proposal (including forms, documentation, priceiists, catalogs, or other materials submitted with the Proposal) does not contain copyright information. QYES, Proposal (including forms, documentation, pricelists, catalogs, or other materials submitted with the Proposal) does contain copyright Information. If you responded "YES", dearly identify below the specific documents ar pages containing copyright information. We claim copyrights on all customer related information provided in this proposal. Copyright Information: In particular, page 29 of this proposal and any other pages that address specific customers by name. (Attach additional sheets if needed.) C, Consent to Rele4se Confidential/Proprietary/Copyright Informm ion to BuyBoard Members 8uyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view Information Included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such Information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Cooperative administrator will be responsible for the use or distribution of information by BuyBoard members or any other party, p. Consent toltelease Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publicly release, induding posting on the public BuyBoard website, a copy of the proposal tabulation and award information for the Contract including Vendor name; proposed catalog/prncelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non -award Information, Page 19 of 76 Proposal Forces GQNST. v.93.01.2021 37 PURCNASINO COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' buvboard.com EDGAR VENDOR CERTIFICATION (2 CFR Part 200 and Appendix II) When a Cooperative member seeks to procure goods and services using Funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the "Uniform Guidance" or new "EDGAR"). All Vendors submitting a Proposal must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. Completed forms will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the terms and conditions of the BuyBoard contract, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor's agreement and ability to comply, where applicable, by having Vendor's authorized representative check the applicable boxes, initial each page, and sign the Compliance Forms Signature Page. If you fail to complete any item in this form, the Cooperative will consider and may list the Vendor's response on the BuyBoard as "NO," the Vendor is unable or unwilling to comply. A "NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1.. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, Member Construction Contract, or Cooperative member ancillary contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. YES, I agree. ❑ NO, I do not agree. 2. Termination for Cause or Convenience: For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the following term and condition shall apply: The Cooperative member may terminate or cancel any Purchase Order under this Contract at any time, with or without cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor's return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of termination, Vendor shall immediately refund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's Purchase Order, Member Construction Contract, or ancillary agreement agreed to by the Vendor, the Cooperative member's provision shall control. LEI YES, I agree. ❑ NO, I do not agree. Initial: Page 20 of 76 Proposal Forms CC/FIST. v,03.01.2021 38 Board9 PORCNRSrNO COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 . buyboard.corn 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. YES, I agree. ❑ NO, I do not agree. 4. Davis -Bacon Act: When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis -Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at beta.sam.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti -Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. I YES, I agree. ❑ NO, I do not agree. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours, Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. YES, I agree. E NO, I do not agree. Initial: 4144 Page 21 of 76 Proposal Forms CONST. v.03.01.2021 39 Boari 12007 Research Boulevard ' Austin, Texas 78759-2439 ' PH: 800-695-2919 ' buyboard.com 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. YES, I agree. ❑ NO, I do not agree. 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts In excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. YES, I agree. ❑ NO, I do not agree. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) -- A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government -wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government -wide exdusions in SAM, or Is debarred, suspended. or otherwise exduded by agencies or dedared ineligible under statutory or regulatory authority other than Executive Order 12549. I YES, I agree. ❑ NO, I do not agree. 9. Byrd Anti -Lobbying Amendment: Byrd Anti -Lobbying Amendment (31 USC 1352) - Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grantor any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from ter to tier up to the non -Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 USC 1352). a YES, I agree. ❑ NO, I do not agree, Initial: Page 22 of 76 Proposa[ roans COnSr. v.63.01.2021 40 Board PURCHASING COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 buyboard.cor, 10. Procurement of Recovered Materials: For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pi YES, I agree. ❑ NO, I do not agree. 11. Domestic Preferences for Procurements: Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Cooperative members using federal funds. When required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member regarding Vendor's products, including whether goods, products, or materials are produced in the United States. YES, I agree. ❑ NO, I do not agree. 12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 2 CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain certain telecommunications and video surveillance services or equipment. To the extent applicable and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications or video surveillance services or equipment provided by Vendor is covered equipment or covered services under 2 CFR §200.216. YES, I agree. ❑ NO, I do not agree. 13. Profit as a Separate Element of Price: For purchases using federal funds in excess of the Simplified Acquisition Threshold, a Cooperative member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b). When required by a Cooperative member, Vendor agrees to provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative member shall not exceed the awarded pricing, including any applicable discount, under Vendor's Cooperative Contract. 1 YES, I agree. ❑ NO, I do not agree. 14. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Ph YES, I agree. ❑ NO, I do not agree. Initial: Page 23 of 76 Proposal Forms CONST. v.03.01.2021 41 Boardm PURCHASING COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 PH: 800-695-2919 ' buvboard.com COMPLIANCE FORMS SIGNATURE PAGE By initialing pages and by signature below, I certify that I have reviewed the following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements, and agreements contained herein: • Proposal Acknowledgements • Felony Conviction Disclosure • Debarment Certification • Resident/Nonresident Certification • Vendor Employment Certification • No Israel Boycott Certification • No Excluded Nation or Foreign Terrorist Organization Certification • Historically Underutilized Business Certification • Construction -Related Goods and Services Affirmation • Acknowledgement of BuyBoard Technical Requirements • Deviation and Compliance • Vendor Consent for Name Brand Use • Confidential/Proprietary Information • EDGAR Vendor Certification Precision Concrete ' tin Company Name Signature of Au onzed Com Matthew Haley, President icial Printed Name and Title Date Page 24 of 76 Proposal Forms CONST. v.03.01.2021 42 BoardO PlURCHASHVG COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 ' buyboard.com PROPOSAL FORMS PART 2 VENDOR INFORMATION FORMS INSTRUCTIONS: Proposer must completely and accurately provide all information requested in the following Vendor Information Forms or your Proposal may be rejected as non -responsive: ■ Vendor Business Name ■ Vendor Contact Information • Federal and State/Purchasing Cooperative Experience • Governmental References • Company Profile ■ Texas Regional Service Designation ■ State Service Designation ■ National Purchasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only) • Local/Authorized Seller Listings ■ Manufacturer Dealer Designation • Proposal Invitation Questionnaire • Vendor Request to Self -Report BuyBoard Purchases (optional) To the extent any information requested is not applicable to your company, you must so indicate on the form. VENDOR BUSINESS NAME By submitting a Proposal, Vendor is seeking to enter into a legal contract with the Cooperative. As such, Vendor must be an individual or legal business entity capable of entering into a binding contract. Precision Concrete Cutting, Inc. Name of Proposing Company: (List the legal name of the company seeking to contract with the Cooperative, Do NOT list an assumed name, dba, aka, etc. here. Such information may be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide goods or services separately must submit their own Proposals.) Please check (dl one of the following: Type of Business: ❑ Individual/Sole Proprietor Corporation ❑ Limited Liability Company ❑ Partnership ❑ Other (Specify: Utah State of Incorporation (if applicable): 04-3800739 Federal Employer Identification Number: (Vendor must include a completed IRS W 9 form with their Proposal) Name by which Vendor, if awarded, wishes to be identified on the BuvBoard: (Note:Ifcliff erentthan the NameofProposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name Certrficate(s), if applicable, must be attached.) Page 25 of 76 Proposal Forms CONS-T. v.03.01.2021 43 Form W-9 (Rev. August 2013) Department of the Treasury internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Precision Concrete Cutting Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ❑ Individualfsole proprietor ❑ C Corporation ® S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification EC=C corporation, S--.S corporation, Pepartnership) ❑ ether (see instructions) ■ Address (number, street. and aptor suite no.) 3191 N Canyon Road City. state, and ZIP code Provo, UT 84604 !At account number(s) here Part I Exemptions (see instructions): Exempt payee code (If any) Exemption from FATCA reporting code (if any) Requester's name and address (optional) Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EiN). If you do not have a number, see How to geta TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Part II Certification Social security number Employer identification number 0 4 31 8 0 0 7 3 9 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. f am not subject to backup withholding because; (a) I am exempt from backup withholding, or (b)1 have not been notified by the internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4, The FATCA code(s) entered on this form (if any) indicating that 1 am exempt Certification instructions. You must cross out item 2 above if you have been because you have failed to report all interest and dividends on your tax return. interest paid, acquisition or abandonment of secured property, cancellation of generally, payments other than interest and dividends, you are not required to instructions on page 3, Sign Here Signature of U.S. person ■ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9. at www.irs.gov/w9. Information about any future developments affecting Form W-9 )such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not Subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership income from a U.S. trade or business is not subject to the from FATCA reporting is correct. notified by the IRS that you are currently subject to backup withholding For real estate transactions, item 2 does not apply. For mortgage debt, contributions to an individual retirement arrangement (IRA), and sign the certification, but you must provide your correct TIN. See the Date ■ May 20, 2021 withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on tits form (it any) indicating that you are exempt from the FATCA reporting, is correct. Note. if you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W•9. Definition of a U.S. person, For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnership. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to estabtsh your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 13-2013) 44 Board PURCHASING COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' buyboard.corn VENDOR CONTACT INFORMATION Proposal/Contract Contact: Matthew Haney Vendor Proposal/Contract Contact Name: matt@safesidewalks.com Vendor Proposal/Contract Contact E-mail Address: 3191 N Canyon Rd. Provo, UT 84604 Vendor Contact Mailing Address for Proposal/Contract Notices: Company Website: www.safesidewalks.com Purchase Orders Contact Information: All Purchase Orders from Cooperative members will be available through the Internet. Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be provided to Vendors to assist them with retrieving their orders. Please select options below for receipt of Purchase Orders and provide the requested information: 0 I will use the Internet to receive Purchase Orders at the following address: info@safesidewalks.com Purchase Order E-mail Address: Matthew Haney (801) 373-6060 Purchase Order Contact: Phone: Alternate Purchase Order E-mail Address: Alternate Purchase Order Contact: Phone: ❑ Purchase Orders may be received by the Designated Dealer(s) identified on my company's Dealer Designation form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. Request for Quotes ("RFQ"): Cooperative members will send RFQ5 to you by e-mail. Please provide e-mail addresses for the receipt of RFQs: info@safesidewalks.com RFQ E-mail Address: Matthew Haney (801) 373-6060 RFQ Contact: Phone: Alternate RFQ E-mail Address: Alternate RFQ Contact: Phone: Page 26 of 76 Proposal Forms CO1151. v.03.01.2021 45 Board' 12407 Research Boulevard ' Austin Texas 78759-2439 ' PH: 844-69S-Z919 ' buvboard.com Invoices: Your company will be billed monthly for the service fee due under a Contrail awarded under this Proposal Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they are ready to be retrieved. Please choose only one (.1) of the following options for receipt of invoices and provide the requested Information: ■❑ Service fee invoices and related communications should be provided directly to my company at, 3191 N Canyon Rd Invoice Mailing address: Department: Provo UT 84604 City: State: Zip Code: Matthew Haney (801) 373-6060 Contact Name: Phone: (801) 373-6088 info@safesidewalks.com Invoice Fax: Invoice E-mail Address: Alternative Invoice E-mail Address: ❑ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the Following billing agent**: Billing Agent Mailing Address: Department- City: State: _ Zip Code: Billing Agent Contact Name: Phone: Billing Agent Fax: Billing Agent E-mail Address: Alternative Billing Agent E-mail Address: ** If Vendor authorizes a billing agent to receive and process service fee invoices, in accordance witfi the General Terms and Conditions of the Contract, Vendor specifically acknowledges and agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the Contract induding, but not limited to, payment of all service fees under any Contract awarded Vendor. PLEASE PROVIDE THE FOLLOWING INFORMATION: 1. Shipping Via: ❑ Common Carrier ❑ Company Truck ❑ Prepaid and Add to Invoice 1E Other: 2. Payment Terms: (Nose: Vendor payment terms must comply with the Buy8oard General Terms and Conditions and the Texas Prompt Payment Act (Texas Government Code Ch. 2251), • Net 30 Days 3. Vendor's Internal/Assigned Reference/Quote Number (optional): 4. State or attach your return policy. (Note: only return requirements and processes will be deemed part of Vendor's return policy. Any unrelated contract terms, terms of sale, or other information not specifically related to return requirements and processes included in Vendor's retum policy shall not apply to any awarded Contract unless specifically included as a deviation in the Deviation and Compliance Form and accepted by the Cooperative): N/A 5. Are electronic payments acceptable? Dyes ❑ No 6. Are credit card payments acceptable? Dyes ❑ No Page 27 of 76 Pr<igosaJ Forms CONST. v.03.01.M1 46 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com FEDERAL AND STATE/ PURCHASING COOPERATIVE EXPERIENCE The Cooperative strives to provide Cooperative members with the best services and products at the best prices available from Vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. I. Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $ 1,200,000.00 . (The period of the 12-month period is 1120 / 12/20 ). In the event that a dollar value is not an appropriate measure of the sales, provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances, 3. Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. PURCHASING GROUP CURRENT VENDOR? (lyiN) FORMER VENDOR (YIN)? — IF YES, LIST YEARS AS VENDOR AWARDED COMiMODITY CATEGOR.Y(IE5) 1. Federal General Services Administration Y ALL 2. T-PASS (State of Texas) N 3. OMNIA Partners N 4. Sourcewell (N]PA) N 5. E&I Cooperative N 5. Houston -Galveston Area Council (HGAC) N 7. Choice Partners N 8. The Interlocal Purchasing System {TIPS) Y Trades, Labor and materials 9. Other KPN, PCA, EMCOR Y Trip Hazard Maint. ❑ MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed In this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount In this Proposal. Explain any difference between your current and proposed discounts. Current Discount (0I0): N/A Proposed Discount (0/0): N/A xplanation: Page 28 of 76 PrnpO.aI Forms cZR5T. v.03.01.2021 47 Board PURCHASING COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 . buyboard.com GOVERNMENTAL REFERENCES For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information requested below, including the existing pricing/discounts you offer each customer. The Cooperative may determine whether pricing/discounts are fair and reasonable by comparing pricing/discounts stated in your Proposal with the pricing/discounts you offer other governmental customers. Attach additional pages if necessary. Quantity/ Entity Name Contact Phone# Email Address Discount Volume City of Mckinney Marty Sillito 972-547-7331 msiliito@mickinneytexas.org - $70,000 1. 2. City of Norman Jack Burdett 405-366-5457 jack.burdett@normanok.gov 841,212.50 City of Hurst Casey Emery 817-788-7207 cemery@hurstfx.gov $22,312.26 3. Bexar County 4. Public Works Tony Vasquez (210) avasquez@bexar.org 335-6710 $112,500 City of 5, Georgetown Dan Southard (512) dan.southhard@georgetown.org 930-8152 $31,000 Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give better discounts (lower pricing) than indicated? YES ❑ NO ❑■ If YES, please explain: COMPANY PROFILE Information on awarded Cooperative Contracts is available to Cooperative Members on the BuyBoard website. If your company is awarded a Contract under this Proposal Invitation, please provide a brief company description that you would like to have included with your company profile on the BuyBoard website. Submit your company profile in a separate file, in Word format, with your Proposal. (Note: Vendor is solely responsible for any content provided for inclusion on the BuyBoard website. The Cooperative reserves the right to exclude or remove any content in its sole discretion, with or without prior notice, including but not limited to any content deemed by the Cooperative to be inappropriate, irrelevant to the Contract, inaccurate, or misleading.) Page 29 of 76 Proposal Forms CONST. v.03.01.2021 48 Board�afVE 12007 Research Bauievard • Austin, Texas 78759-2439 • PH: 800-b95-2919 • buvboard.com TEXAS REGIONAL SERVICE DESIGNATION The Cooperative (referred to as "Texas Cooperative" in thls form and in the State Service Designation form) offers vendors the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas Cooperative members statewide, you must Indicate the specific regions• you will service on this form. If you propose to serve different regions for different products or services included in your Proposal, you must complete and submit a separate Texas Regional Service Designation form for each group of products and clearly indicate the products or services to which the designation applies. By designating a region or regions, you are certifying that you are authorized and willing to provide the proposed products and services In those regions. Designating regions In which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, If awarded, termination of your Contract. Additionally, IF you do not plan to service Texas Cooperative members (i.e., if you will service only states other than Texas), you must so indicate on this form. Reg onal Education Service Centers Precision Concrete Cutting Company Name O I will service Texas Cooperative members statewide. ❑ I will not service Texas Cooperative members statewide. I will only service members in the regions checked below: Region and Headquarters ❑ 1 Edinburg ❑ 2 Corpus Christi ❑ 3 Vittoria ❑ 4 Houston ❑ 5 Beaumont ❑ 6 Huntsville ❑ 7 Kilgore ❑ 8 Mount Pleasant ❑ 9 Wichita Falls ❑ 10 Richardson ❑ 11 Fort Worth ❑ 12 Waco ❑ 13 Austin ❑ 14 Abilene ❑ is San Angelo O 16 Amarillo ❑ 17 Lubbock ❑ 18 Midland ❑ 19 El Paso ❑ 20 San Antonio O I will not service members of the Texas Cooperative. Page 30of76 Pr01:csaI farm CONST. v.03.61.zDzi 49 Bond' PURLHA5 W J COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buy ard.corn STATE SERVICE DESIGNATION As set forth in the Proposal Invitation, it is the Cooperative's intent that other governmental entities in the United States have the opportunity to purchase goods or services awarded under the Contract, subject to applicable state law, through a piggy- back award or similar agreement through the National Purchasing Cooperative BuyBoard. If you plan to service the entire United States or only specific states, you must complete this form accordingly. (Note: If you plan to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.) In addition to this form, to be considered for a piggy -back award by the National Purchasing Cooperative, you must have an authorized representative sign the National Purchasing Cooperative Vendor Award Agreement that follows this form. If you serve different states For different products or services included in your Proposal, you must complete and submit a separate State Service Designation form for each group of products and dearly indicate the products or services to which the designation applies. By designating a state or states, you are certifying that you are authorized and willing to provide the proposed products and services in those states. Designating states In which you are either unable or unwilling to provide the specified products and services shall be grounds for either rejection of your Proposal or, if awarded, termination of your Contract. Please check (V1) ail that apply: ❑ I will service all states in the United States. ❑>t I will not service all states in the United States. I will service only the states checked below: ❑>t Alabama ❑ Alaska ❑■ Nebraska ■4 Arizona ❑■ Nevada ❑■ Arkansas ❑■ New Hampshire ■❑ California (Public Contract Code 20118 & 20652) 0 New Jersey 0 Colorado DI New Mexico D Connecticut 0 New York ❑■ Delaware 0 North Carolina ❑■ District of Columbia 0 North Dakota 0 Florida ■❑ Ohio ❑■ Georgia X Oklahoma ❑ Hawaii I❑ Oregon ❑lr Idaho 0 Pennsylvania 11 Illinois 0 Rhode Island 0 Indiana ❑■ South Carolina El Iowa 41 South Dakota 0 Kansas L1 Tennessee ❑� Kentucky 41 Texas 0 Louisiana C titah ❑■ Maine 4 Vermont ill Maryland 4 Virginia ❑i• Massachusetts 0 Washington ❑• Michigan © West Virginia X Minnesota 4 Wisconsin 0 Mississippi 0 Wyoming I Missouri O Montana Pmposai r-crrns COTISr. v.03.01.2021 Page 31 of 76 50 Board PURCKAEINGPOOPFRAnVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 - FAX: 800-211-5454 • buvboard, orn NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this Proposal Invitation may be "piggy -backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members throughout the United States. If you agree to be considered for a piggy -back award by the National Purchasing Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have indicated on the State Service Designation form, in your Proposal. By signing this form, Proposer (referred to in this Agreement as "Vendor") agrees as follows; I. Vendor acknowledges that if The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation ("Underlying Award"), the National Purchasing Cooperative ("National Cooperative") may - but is not required to - "piggy -back" on or re -award all or a portion of that Underlying Award ("Piggy -Back Award"). By signing this National Cooperative Vendor Award Agreement ("Agreement"), Vendor accepts and agrees to be bound by any such Piggy -Back Award as provided for herein. 2. In the event National Cooperative awards Vendor a Piggy -Back Award, the National Cooperative Administrator ("BuyBoard Administrator") will notify Vendor in writing of such Piggy -Back Award, which award shall commence on the effective date stated In the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized In writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of Vendor in order for the Piggy -Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator In writing. 3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (Le., lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award. 4. Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved In writing by the BuyBoard Administrator. 5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy -Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members, vendor Invoices, and/or such other documentation regarding those purchase orders as the Cooperative's administrators may require in their reasonable discretion for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall have the right, upon reasonable written notice, to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying Award shall Inure to Vendor In this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. Proposal forms CQNST. vA3.01.202! Page 32 of 76 51 Boaref PURCHASING COOPERATIVE 12007 Research Boulevard = Austin, Texas 78759-2939 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com 7. This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria, Virginia, 8. Vendor acknowledges and agrees that the award of a Piggy -Back Award is within the sole discretion of National Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy -Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy -Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this Agreement. Precision Concr e,Cutting Signature pf Au L icial N/A Proposal Invitation Number Matthew Haney Printed Name of Authorized Company Official Page 33 of 76 Proposal Forms CONST. v.03.01.2021 52 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard,com LOCATION/AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a Contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are e product manufacturer and wish to designate Designated Dealers as defined In the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Location/Authorized Seller Name Contact Person Joseph Norris Contact Information (Mailing Address, Phone, Fax, Email) 10519 Vaughn, Pike Road, AL36064 334-391-0901 Precision Concrete Cutting Precision Concrete Cutting Austin Horn 1200 Andrews Drive, Conway, AR 72032 844-450-5005 Precision Concrete Cutting Dave Lardner 1036 Liberty Park Drive, Ste 13B, Austin, TX 78746 512-369-2558 Precision Sidewalk Safety Alan & Wendy MacMurray 970 SW 104th Street Road, Ocala, FL 34476 352-857-9587 Precision Concrete Cutting Sal Cenari 80 Platt Lane, Milford, CT 06461 203-410-3086 Precision Concrete Cutting Tanya & Gary Tucker 213 Maryland Ave, Wilmington, DE 19804 302-543-5833 Georgia Safe Sidewalks Todd & Regina Fulk PO Box 14685, Grayson, GA30017 941-773-4902 Precision Concrete Cutting Tom Pitney 11922 Stearns Street, Overland Park, KS 66213 913-851-2004 Precision Concrete Cutting Shayne Lingg 804 Yorkbar Court, Clarksville, TN 37043 270-881-2434 Precision Concrete Cutting Ron Durna 13089 Peyton Drive, Ste 235, Chino Hills, CA 91709 909-539-7740 Proposal Forms CONST. v.03.01.2021 Page 34 of 76 53 Board PURCHMSfNC COOPER41lVE 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 FAX: 800-211-5454 • huyboard.com LOCATION/AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a Contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Location/Authorized Seiler Name Precision Concrete Cutting Contact Person Gary Beneduci Contact Information (Mailing Address, Phone, Fax, Email) 7514 Girard Ave., La Jolla, CA92037 858-699-1089 Precision Concrete Removal Ron & Cathy LeBouef PO Box 1916, Houma, LA 70361 225-505-9585 Precision Cutting Mark Bonkowski 1896 Goldeneye Drive, Holland, MI 49424 616-403-1140 Precision Safe Sidewalks Shawn McCoy 3806 Courtenay Drive SW, Supply, NC 28462 800-734-8891 Precision Concrete Cutting Marc Cussenot 355 Beach Road, Burlingame, CA 94010 415-638-7006 Precision Concrete Cutting Mark Quale 936 S Andrew Dr. NE, New London, MN 56273 320-354-2100 Precision Concrete Cutting Al Schweke & Kevin Fuller 11952 N Harvest Moon Lane, Highland, UT 84003 801-492-3387 Precision Concrete Cutting Larry & Chandra Dumas PO Box 3047, Edmond, OK 73083 405-340-6500 Safe Sidewalks Bryan Dickson PO Box 22174, Milwaukie, OR 97269 503-206-2947 Always Safe Sidewalks Tom Sweitzer 459 Lancaster Ave., Devon, PA 19333 267-228-3421 Prolosar Forms CONST. v.03.01.2021 Page 34 of 76 54 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com LOCATION/AUTHORIZED SELLER LISTINGS If you have more than one location/authorized seller that will service a Contract awarded under this Proposal Invitation, please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary. NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders, and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined In the General Terms and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer Designated Dealer form. Location/Authorized Seller Name Precision Concrete Cutting Contact Person Kevin Yocum Contact Information (Mailing Address, Phone, Fax, Email) 32428 Camp Drive, Temecula, CA92592 619-206-1870 Florida Sidewalk Solutions Steve & Dina Sdankus 925 SW 42 Terrace, Plantation, FL33317 954-792-0708 Safe Step Chris & Logan Ott N1641 Waterlefe Drive, Greenville, WI 54942 920-202-0954 Proposal Forms CONST. v.03.01.2021 Page 34 of 76 55 Board PURCHASING COOPERA i1YE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: B00-695-2919 • FAX: 800-211-5454 • buvboard.com MANUFACTURER DEALER DESIGNATION If Vendor is a manufacturer that sells products through a deafer network and wishes to designate a dealer or multiple dealers (51Designated Dealers') to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete this form for each deafer you wish to designate. Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor's convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees. If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing. The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor's behalf under the Contract. Further, the Cooperative administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion. If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated Dealer below. If you wish to designate multiple dealers, please duplicate this form as necessary. N/A Designated Dealer Name Designated Dealer Contact Person Designated Dealer Address ty State Zip Phone Number Fax Number Email address Designated Dealer Tax ID Number* (*attach W-9) Proposal Farms. roNST, v.03.01.2021 Page 35 of 76 56 Board' PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buvboard,com PROPOSAL INVITATION QUESTIONNAIRE The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial resources to provide the goods and perform the services ("Work") under the BuyBoard contract contemplated by this Proposal Invitation ("Contract"), Proposers must fully answer each question, numbering your responses to correspond to the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire and submit in one document with your Proposal. You must submit the questionnaire and responses with your Proposal or the Proposal will not be considered. 1. List the number of years Proposer has been in business and former business names (if applicable). Note whether your company is currently for sale or involved in any transaction that would significantly alter its business or result in acquisition by another entity. Precision Concrete Cutting (PCC) has been in business for 26 years. Before having the name PCC, the company was called Amerex, which stands for American Excellence. PCC is not for sale or involved in any transaction that would significantly alter the business or result in acquisition by another entity. 2. Describe Vendor's direct experience (not as a subcontractor) performing the Work proposed under this Contract. Include a brief description of the projects you have completed for Texas governmental entities in the last 5 years, and include for each the project name, scope, value, and date, and the name of the procuring government entity and entity contact person. Identify the contracts that best represent Vendor's capabilities relative to this Contract. PCC Has worked for countless number of schools, cities, universities, towns, homeowners assoc., apartment complexes, etc. throughout North America and Australia. In Texas we've worked for Bexar County public works, working at various locations throughout the county, total value of the contract was $112,500. The work has been done over February and March of 2018. Our contact is Tony Vasquez 3. Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this Contract. State the number and summarize the experience of company personnel who may be utilized for the Work, including those who will be available to Cooperative members for assistance with project development, technical issues, and product selection for Work associated with this Contract. PCC uses a project management tool which assigns and facilitates the management of each of our projects. The program is called the "Terminal" and is specific to this type of work. All locations are managed by owner/operators which have extensive training and expertise in the sidewalk trip hazard business. The company has local offices as well as national headquarters offices which have staff to assist with technical issues, project development, and product/service selection. Each local office will have 1-2 person(s) specifically assigned to BuyBoard, but additionally, the national headquarters will also have a specifically assigned person to BuyBoard related work. In summary, with the national representative, each office will have 2-3 people for local work. Proposal Forms CONST. v.03.01.2021 Page 36 of 76 57 Board PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 ' buyboard.com 4. The Contract does not include architectural or engineering services, which must be procured separately, outside of the Cooperative, in accordance with Chapter 2254 of the Texas Government Code (Professional Services Procurement Act) or other applicable law (for entities outside of Texas). If you are performing Work under the Contract on a project that requires the services of an architect or professional engineer, how will you work with a Cooperative member and its designated architect or engineer with respect to services that must be procured outside the Contract? The work performed by PCC does not require the services of an architect or professional engineer. 5. Describe the tasks and functions that can be completed by Vendor in-house without the use of a subcontractor or other third party. PCC surveys and repairs sidewalk trip hazards. The company uses its proprietary app to survey the area, provide an inventory of all trip hazards that violate the Americans with Disabilities ACT (ADA) change in level requirement, and provide our patented trip hazard repair solution for fixing the issues that need to be repaired. Additionally, the company provides a sidewalk asset management plan for compliance. 6. Marketing Strategy: For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of your BuyBoard Contract, and how you will continue to support the BuyBoard for the duration of the Contract term.) Attach additional pages if necessary. See attached page. 7. Describe Proposer's Financial capability to perform the Contract. State or describe the fiirm's financial strength and rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm's past or present owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position with your firrn. PCC's financial rating is excellent, we have bond capability of up to $4M, which is much higher than needed for the projects we are given. Our insurance coverage is $2M general liability, with an umbrella policy which bumps it to $3M. We have audited financials and have been a going concern since 1992. The company, its shareholders, and officers have never been a debtor party to a bankruptcy, receivership, or insolvency in the past. Proposal Forms CONST. v.03.01.2021 Page 37 of 76 58 Board PURCHASING COOPERATIVE 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn 8. Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing agreement? If so, provide detailed information on the nature of such items and prospects for resolution. The company has no outstanding judgements, and is not in default on any loan or financing agreement. 9. List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or that have been terminated for any reason. Include any contract for which the surety was notified of a potential claim in regard to a payment or performance bond. For each such contract, provide the project name, scope, value and date and the name of the procuring entity. Fully explain the circumstances of the default, notice to surety, failure to complete or deliver the work, or termination. There have been no contracts that have defaulted, failed to complete or deliver the work or terminated for any reason. 10. List all litigation or other legal proceedings (including arbitration proceedings and/or claims filed with a surety in regard to a payment or performance bond), if any, in the last 10 years brought against your firm, or any of the firm's past or present owners, principal shareholders or stockholders, officers, agents or employees, that relate to or arise from a contract similar to this Contract or the Work contemplated under this Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of the claim, and resolution or current status. There have been no legal precedings or litigation brought against PCC or owners, shareholders, officers, agents, etc. in the past 10 years with regard to a contract or work contemplated under this contract. 11. Describe in detail the quality control system Vendor will use, including third party auditing certification, to support the long-term performance and structural strength of the products to be used in a project under the Contract. We primarily rely upon our work order management system for tracking locations of the repairs, and also for systematically inspecting and verifying repairs have been made. We use a program called the "terminal" that has the technician first validate that the repair has been made, then the on -site supervisor reviews while in the field, but the supervisor also goes out and inspects before the contract is invoiced. This 3 step process for quality control is essential to guarantee our work, craftsmanship, and for auditing purposes. Proposal Forms CONST, v.03.01.2021 Page 38 of 76 59 Board PURCHASING COOPERATIVE 12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 ' FAX: 800-211-5454 ' buvboard.com 12. If the Work will require Vendor to tender performance or payment bonds, provide the name of the bonding company or surety that will issue such bonds. Infiniteam Insurance 13. Describe in detail all documented safety issues, if any, that have involved Vendor in the last three years related to the type of work contemplated under this Contract. Provide a three-year history of your firm's workers compensation experience modifier. We have not had any safety issues in the past 3 years that involved more than a simple first aid kit resources, however previous to the last 3 years, we've had some stitches due to cuts that have occured on the saw. Our EMOD rate for the past 3 years has been 0.72 for 2021, 0.87 for 2020, and 0.90 for 2019. Proposa! Forms CONST. v.03.O1.2021 Page 39 of 76 60 rt� PRECISION CONCRETE CUTTING Hazard Hatnoval Special Marketing Strategy: The first stop in promoting this contract will be through an owner I manager conference call, and then we will announce it on our bi-weekly sales trainings. We have these trainings so frequently that within a short period of time every sales rep will know about the program and how to use the contract to do work. We are always looking for ways to shorten the sales cycle, so the use of a Co -Op is a great way to do that. We also will include logos for the Co -Op on marketing ritaterials so that our potential customers will know how we intend to do business. If they aren't members of the co-op we will show them and encourage them to join. The bi-weekly sales trainings are done by a 3'' party sales coach which management will educate on the benefits and advantages of the co-op. a. There is both a home office (corporate) component as well as a local component for the promotion and marketing of the co-op and how to use it. We will announce and promote it to the managers/owners and also have education come from our 3"r party sales coach, but the local managers. who have the most profit incentive, will work with their individual sales team members to actually execute on the co-op use. We don't currently have a stated corporate commitment to this co-op, but will do so if awarded. b. As mentioned, we will include logos on proposals, brochures and other marketing materials. In addition we plan to target those members that may already be members of the co-op since the adoption will be easiest using existing members that don't need to sign up fnr the co-op. We do attend conferences on a regular basis and upon award, can put a logo for the co-op in the trade show booth for notice of potential customers. c. A sample of our proposals, with a previously awarded co-op logo has been included below: Nadia CIINCRE}E CLIT NC SIDEWALK TRIP HAZARD 1. REPAIR PROP9SAL: Presented to: Recipient Name Here riUMRY:D17 viuvncrtn me ten / uoa z,COD-C306 w ! . fr. u-1 A. 4,v r ...aJ, Jwtrlwl-I~ I."'"'""rN c''"'e h Cooperation WV : c*aR d. We will train our staff with the bi-weekly coaching sessions and in particular have the emphasis be with our 3`d party coach to train. These training sessions range between 45 minutes to I hour every Monday and it is a great forum for additional training items, and to rev'cw existing policies, procedures, and programs like Buy Board. e. We would love an oral interview if we get short listed with Buy Board. 61 Boars Aura oeaaoaanrr 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 ' buyboard.com VENDOR REOUEST TO SELF -REPORT BUYBOARD PURCHASES The General Terms and Conditions require that all Purchase Orders generated by or under any Contract awarded under this Proposal Invitation be processed through the BuyBoard and, except as expressly authorized in writing by the Cooperative administrator, Vendors are not authorized to process Purchase Orders received directly from Cooperative members that have not been processed through the BuyBoard or provided to the Cooperative. In accordance with this provision, Vendor may request authorization of the Cooperative administrator to self -report Cooperative member purchases if awarded a Contract under this Proposal Invitation. By making such a request, Vendor acknowledges and agrees that self -reporting is specifically subject to and conditioned upon (1) Vendor's agreement to the Additional Terms and Conditions for BuyBoard Self -Reporting which are included in this Proposal Invitation and incorporated herein for all purposes and (2) approval of this request in writing by the Cooperative administrator. Note: This form Is NOT required as part of your proposal. You should sign and return this form ONLY If you wish to request authorization to self -report BuyBoard purchases. Any request to self -report will not be effective, and Vendor shall not be authorized to self -report BuyBoard member purchases, unless and until (1) Vendor Is awarded a Contract under this Proposal Invitation, and (2) the request has been approved in writing by the Cooperative administrator. By my signature below, I hereby request authorization from the Cooperative administrator to self -report BuyBoard purchases If my company Is awarded a Contract. I certify that 1 am authorized by the above -named Vendor to approve this form, and I have received and read the Additional Terms and Conditions for BuyBoard Self -Reporting Included In this Proposal Invitation and do hereby approve and agree to such terms and conditions on behalf of Vendor. Precision Con rete Cutting NAME OF VENDOR: Signature of Ve • or Authors+ Representative Matthew Haney Printed Name: President Title: Date: 6Slio/21 (For Cooperative Administrator Use Only) N3P b° rBuy8oaid;Administrator: EffecviJstart Date for Self -Reporting: Proposal Forms COHST. v.03.01.2021 Page 40 of 76 62 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buvbQard corm REQUIRED FORMS CHECKLIST {Please check (V) the foflowI ig) ReviewedJCornoteted: Proposers Acceptance and Agreement PROPOSAL. FORMS PART 1: COMPLIANCE FORMS • Reviewed/Completed: 0 Reviewed/Completed: [] R viewed/Completed: El Reviewed/Completed: [] Reviewed/Completed: O Reviewed/Completed: [] Reviewed/Completed: 0 Reviewed/Completed: O Rev iewedlCompleted: 2 Reviewed/Completed: [j Reviewed/Completed: [� ReviewedJCompieted: El Reviewed/Completed: El Reviewed/Cornpteted: O Reviewed/Completed: Proposal Acknowledgements Felony Conviction Disclosure Resident/Nonresident Certification Debarment Certification Vendor Employment Certification No Israel Boycott Certification No Excluded Nation or Foreign Terrorist Organization Certification Historically Underutilized Business Certification Acknowledgement of BuyBoard Technical Requirements Construction -Related Goods and Services Affirmation Deviation and Compliance Vendor Consent for Name Brand Use Confidential/Proprietary Information EDGAR Vendor Certification Compliance Forms Signature Page PROPO$AL, FORMS PART 2: VENDOR INFORMATION FORMS [� Revlewed/Completed: Vendor Business Name El ReviQwed/Completed: Vendor Contact Information O Reviewed/Completed: Federal and State/Purchasing Cooperative Experience 0 Reviewed/Completed: Governmental References CI Reviewed/Completed: Company Profile O Reviewed/Completed: Texas Regional Service Designation [] Reviewed/Completed: State Service Designation [] Reviewed/Completed: National Purhasing Cooperative Vendor Award Agreement (Vendors serving outside Texas only) O Reviewed/Completed: Local/Authorized Seller Listings 0 Reviewed/Completed: Manufacturer Dealer Designation O Reviewed/Completed: Proposal Invitation Questionnaire �] Reviewed/Completed: Vendor Request to Self -Report BuyBoard Purchases (nptranar) 2 Reviewed/Completed: Proposal Specifications Discount (%) off Catalog/Pricellst and/or other required pricing information including Catalogs/Pricelists (or no bid response) must be submitted with the Proposal or the Proposal will not be considered. Proposal FOrms CONST. v.03.0I.2022 Page 43 of 75 63 12007 Research Boulevard • Austin, Texas 78759-2439 P11: 800-695-2919 . FAX: 800-211-5454 • buvbaard,coni PROPOSAL SPECIFICATION SUMMARY The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers). Section I: Equipment. Products, and Supplies 1. Discount (%) off catalog/pricelist for Electrical Supplies, Materials and Equipment. 2 . Discount (%) off catalog/pricellst for All Types of Power Generating Equipment (electric, gas, diesel portable, back up on -site). 3 . Discount (%) off catalog/pricelist for Various Types of Lamps and Ballasts (fluorescent, incandescent, quarts, HID, shatterproof, metal halide, high pressure sodium, ballasts, similar related items). 4. Discount (%) off catalog/pricelist for Various Types of Lighting Fixtures. 5. Discount (%) off catalog/pricelist for All Types of Indoor Signage. 6. Discount (%) off catalog/pricelist for All Types of Solar Supplies and Equipment. 7. Dlscaunt (%) off catalog/pricelist for Building Supplies and Materials (carpentry, lumber, drywall, insulation products, concrete products, and similar related items). 8. Discount (%) off catalog/pricelist for Doors -All Types and Sizes (metal, wooden, and similar related items). 9. Discount (°/a) off catalog/pricelist for Overhead Doors -All Types and Sizes (metal, wooden, similar related items). 10. Discount (%) off catalog/pricelist for All Types of Fasteners and Hardware Products (doors, cabinets, and similar related Items). 11. Discount (°/o) off catalog/pricelist for Roofing Materials and Supplies (PRODUCTS ONLY -NO LABOR). 12. Discount (°Io) off catalog/pricelist for Paint and Paint Related Products, Supplies and Equipment. 13. Discount (°I°) off catalog/pricelist for Parking Lot Striping Equipment, Supplies and Materials. 14. Discount (%) off catalog/pricelist for Plumbing Supplies, Materials and Equipment. 15. Discount (%) off catalog/pricelist for Various Types of Toilet Partitions, Sinks, and Countertops. 16. Discount (%) off catalog/pricelist for All Types of Energy and Water Monitoring Products. 17. Discount (%) off catalog/pricelist for Boiler Equipment and Supplies. 18. Discount (°I°) off catalog/pricelist for HVAC Refrigerants and Supplies. 19. Discount (%) off catalog/pricelist for All Types of Hand Tools and Sets. 20. Discount (%) off catalog/pricelist for Welding Supplies and Equipment. 21. Discount (%) off catalog/pricelist for Commercial Building Glass and Other Glass Materials and Supplies. 22. Discount (%) off catalog/pricelist for Building Entryway Awnings, Canopies and Related Accessories - all types of material (metal, fabric, and related materials), 23. Discount (%) off catalog/pricelist for Elevator Equipment and Supplies. 24. Discount (%) off catalog/pricelist for Escalator Equipment and Supplies. 25. Discount (°/❑) off catalog/pricelist for Material Handling and Storage Equipment and Supplies (forklifts, warehouse storage systems, pallet jacks, similar related items). 26. Discount (°/o) off catalog/pricelist for All Types of Fencing Materials and Supplies. 27. Discount (%) off catalog/pricelist for Pest Control Products and Supplies. 28. Discount (°/o) off catalog/pricelist for Power Washing Equipment and Materials. 29. Discount (%) off catalog/pricelist for Soil/Road Chemical Base Stabilizer Products (solvents, surfactants, aced oxidizers, and common dispersing agents). 30. Discount (%) off catalog/pricelist for All Other Building Maintenance, Repair and Operations Products not listed (supplies, materials and equipment). Proposal Farms CONS . v434L O21 Page 41 of 76 64 Bond' PURVN4S QLnOPERATh 12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com Section -IL Installation and. Repair Service 31, Hourly Labor Rate for Installation/Repair Service of Boiler Equipment and Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 32. Hourly Labor Rate for Installation/Repair Service of Power Generating Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 33. Hourly Labor Rate for Installation/Repair Service of Commercial Building Glass and Related Items -- Net to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 34. Hourly Labor Rate for Installation/Repair Service of Elevator Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 35. Hourly Labor Rate for Installation/Repair Service of Escalator Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 36. Hourly Labor Rate for Installation/Repair Service of Fencing Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 37. Hourly Labor Rate for Installation/Repair Service of Toilet Partitions, Sinks, Countertops and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 38. Hourly Labor Rate for Installation/Repair Service of Overhead Door Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 39. Hourly Labor Rate for Installation/Repair Service of Doors, Framework, Door Hardware Equipment, Products and Related Items -- Not to Exceed hourly tabor rate for Installation/Repair Service of Equipment and Products. 40. Hourly Labor Rate for Installation/Repair Service of Building Entryway Awnings, Canopies and Related Equipment, Products and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 41. Hourly Labor Rate for Installation/Repair Service of Power Washing Equipment and/or Services and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 42. Hourly Labor Rate for Installation/Repair Service of Parking Lot Striping Equipment and/or Services and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. 43. Hourly Labor Rate for Installation/Repair Service of Concrete Cutting and Related Items -- Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products. Proposal Forms CDNSP. v.03.01.2021 Page 42 of 76 65 PRECISION CONCRETE CUTTING Trip Hazard Removal Specialists Ability to Provide and Perform the Service • Precision Concrete Cutting's (PCC) core competency is as follows: 3191 N. Canyon Road Provo, UT 84604 Office: (801) 373-6060 Fax: (801) 373-6088 www.safesidewalks.com 1. Repairing Uneven Sidewalks (trip hazards) on walkways 2. Surveying Sidewalk Infrastructure and reporting details to customer 1. Details on Repairing Uneven Sidewalks: PCC started out as a grinding company, but was not satisfied with the poor performance of commercial grinders. The company pioneered and patented a new technique in 2002 that did a much better job at fixing uneven sidewalks. We use a saw -cutting method, which horizontally slices the trip hazard away and matches the sidewalks at the control joint or cracks. See illustration below. This method is a way to preserve the existing infrastructure, save time, money and hassle of removing the sidewalk panels, and saves landfills from concrete waste. PCC provides this service to hundreds of customers per year in the USA, Canada and Australia. The company has over 50 offices throughout these three countries. PCC's customers are schools, universities, cities, towns, home owner associations, apartment owners, commercial buildings, shopping centers, etc. In particular our work is designed to provide a solution to the Americans with Disabilities Act requirements (ADA) that is federally mandates. Similar laws and ordinances exist in Canada and Australia. Services ADA Compliant Uneven Sidewalk Repair Services Cost: $54 / Inch Foot (IF) PCC makes sidewalks safer by using proprietary equipment and methodology to very precisely CUT away sidewalk trip hazards leaving an ADA result every time. The process is quick, clean, convenient, and very cost effective. Our detailed reporting allows for easy auditing and instantaneous GIS uploading. Sidewalk Asset Management Surveying Cost: $300 / Sidewalk Mile PCC uses a proprietary software application to survey and record pedestrian infrastructure issues. The vertical height of an uneven sidewalk deflection is measured in 8ths of an inch in order to determine the requisite slope required by the ADA to repair such location. This data is recorded and used to calculate the number of "inch feet" of concrete to be precisely cut away. PCC can gather additional data points, or data on additional variables that are desired for the survey. Examples include overgrown 66 vegetation on the walkway, cracks, spalling, missing ramps, etc. All this data is provided with photographs and GPS coordinates that can be provided in a shape file or KML format to be delivered to the customer for their internal system. Description of Experience PCC has been doing ADA Compliant Uneven Sidewalk Repair services since 1992. The company was one of the first to use a scarifier or concrete planner to fix uneven sidewalks. The company was not satisfied with that technique and in 2002 began using the saw cutting method to repair sidewalks, and refined its dust reduction system. PCC has worked with countless municipalities throughout the USA, Canada and for the past year have been working in Australia. We have offered the surveying technology since 2010 when smart phones and apps were available for programming. Description of Services We use the following equipment and tools for the work we do: • Generator • Right Angled Grinder • 3-Motor Concrete Vacuum • Cart • Saw Blades • Proprietary System • Personal Protective Equipment • Typically 2-3 Technicians • Additional Supplies • Truck and Trailer Warranty / Guarantee We offer a service, not products. Our service is guaranteed to be accurate and completed according to the specifications necessary by the ADA. 67