HomeMy WebLinkAbout4.2 - 2733 Sidewalk Inspection and Repair Program
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STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement with Precision Emprise LLC for Sidewalk Inspection and
Repair Services
Prepared by: Dean McDonald, Public Works Maintenance Superintendent
EXECUTIVE SUMMARY:
The City Council will consider an agreement with Precision Emprise LLC, dba Precision
Concrete Cutting, for sidewalk inspection services and minor sidewalk repair throughout the
City.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Precision Emprise LLC for
Sidewalk Inspection and Repair Services.
FINANCIAL IMPACT:
The total cost of services to be performed is $250,000 per year. The total not-to-exceed
amount of the agreement is $1,000,000 for the four-year agreement term. Sufficient
budget is available in the Citywide Bicycle and Pedestrian Improvements project (CIP
No. ST0517), funded by the General Fund, Measure B Fund, and Measure BB Fund, to
cover the annual expenditures through Fiscal Year 2022-23. Funding for the proposed
agreement is provided by the Citywide Bicycle and Pedestrian Improvements project
(CIP No. ST0517). Sufficient funding is available in the approved 2018 -2023 Capital
Improvement Program project budget to approve the agreement for Fiscal Year 2019 -20
services. For future budget years, Staff will request budget appropriation as part of the
Capital Improvement Program budget process.
DESCRIPTION:
The City of Dublin has over 150 centerline miles of public streets, most of which include
concrete sidewalks. In addition, the City has paved walkways and paths at City
buildings and parks. Over time, sidewalks, walkways, and paths can become damaged
or displaced, which can result in a barrier to accessibility and may result in damage or
injury to users.
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Additionally, the City of Dublin has over 3,200 locations where curb ramps exist, or
where curb ramps should exist. Where curb ramps do not exist, or where they exist but
are not built to the current standards of the Americans with Disabilities Act (ADA), are
locations that are a barrier to accessibility. All newly constructed or altered streets
require curb ramps that meet current standards.
Common damage to concrete walking surfaces is uplift caused by the growth of
adjacent trees and settlement caused by failure of the underlying soil. In such cases,
the result may be complete walkway failure with multiple cracks in the concrete. In such
cases, removal and replacement of the walkway is required.
In cases of less extensive damage, the walkway may have vertical offsets at a joint,
which results in an uneven surface for those walking or riding a bicycle. Larger offsets
can also present a tripping hazard. If the offset is less than two inches, the walkway
surface can be repaired by saw cutting the concrete at an angle to illuminate the vertical
offset. The City has repaired such offsets using this saw cutting technique on
sidewalks, around buildings, and in parks. Saw cutting results in a walkway surface that
complies with the ADA and it costs eight to ten times less than removing and replacing
the walkway.
In order to better understand and quantify the state of the City’s sidewalks, walkways,
and curb ramps, Public Works issued a request for proposals (RFP) for a citywide
sidewalk inspection and repair services project. The sidewalk inspection also includes
inspection of curb ramps at street intersections. The goal of the project is to improve
accessibility on City streets and at City facilities through a comprehensive inspection
and reporting program, as well as completing repair of walkway offsets by saw cutting.
Damaged walkways that cannot be repaired by saw cutting and locations of non-
existent or non-compliant curb ramps will be mapped with GPS coordinates, quantified,
and schedule for repair by a competitively bid construction contract. Locations of
repairs by saw cutting, locations where sidewalk needs replacement, and locations of
curb ramps will be photographed and ge o-tagged, which will allow for integration with
the City’s Geographic Information System.
The RFP was posted on the City’s website for three weeks and Precision Concrete
Cutting was the only company to submit a proposal. Precision Concrete Cutting has
worked in northern California since 2003 and has completed sidewalk inspection and
repairs for the City in the past. Staff recommends Council approve the agreement with
Precision Concrete Cutting for the citywide sidewalk inspection and repair services
project.
The number of offsets that can be repaired is unknown until such time that the
walkways can be inspected. As such, the RFP required unit costs per linear foot for
different offset repair heights and for walkway inspection/reporting. Given the quantity
of sidewalks and walkways within the City, staff estimated that all public streets, City
parks, and City buildings could be inspected and that all offsets between one -half inch
and two inches could be repaired for a not-to-exceed cost of $1,000,000. Staff
recommends a four-year project, with planned expenditures of $250,000 per year,
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funded by the Capital Improvement Program (CIP), Citywide Bicycle and Pedestrian
Improvements project (CIP ST0517).
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to Precision Emprise LLC dba Precision Concrete
Cutting.
ATTACHMENTS:
1. Resolution Approving a Contractor Services 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 Concrete
Cutting
RESOLUTION NO. XX- 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING A CONTRACTOR SERVICES AGREEMENT WITH PRECISION
EMPRISE LLC DBA PRECISION CONCRETE CUTTING FOR SIDEWALK
INSPECTION AND REPAIR SERVICES
WHEREAS, Staff prepared and initiated a Request for Proposals (RFP) for
Sidewalk Inspection and Repair Services; and
WHEREAS, the City of Dublin received one proposal from Emprise LLC, dba
Precision Concrete Cutting, in response to the RFP; and
WHEREAS, Staff reviewed the proposal and recommends Emprise LLC, dba
Precision Concrete Cutting, as qualified to perform the Sidewalk Inspection and Repair
Services; and
WHERAS, City of Dublin wishes to enter into an Agreement with Precision
Emprise LLC, dba Precision Concrete Cutting, and the term of the Agreement shall end
on June 30, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve a Contractor Services Agreement with Emprise LLC, dba
Precision Concrete Cutting, as attached hereto as Exhibit “A” to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized
to execute the Agreement, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 17th day of September, 2019, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND PRECISION EMPRISE LLC
OBA PRECISION CONCRETE CUTTING
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 September 18, 2019 (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, 2023, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, 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, Contractor is required to comply with the provisions of the California Labor Code
applicable to public works, to the. extent set forth in Exhibit C.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 1 of 15
EXHIBIT A
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 ONE
MILLION DOLLARS ($1,000,000) 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 between this Agreement and Contractor's proposal, attached as Exhibit A,
regarding the amount of compensation, 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:
■The beginning and ending dates of the billing period;
Services Agreement between September 18, 2019
Page 2 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A
2.2
2.3
2.4
•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 thepercentage of completion;
•A copy of the applicable time entries or time sheets shall be submitted showing thefollowing:
o Daily logs of total hours worked by each individual performing work underthis 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 loggedby project assignmentoA brief description of the work, and each reimbursable expense
•The total number of hours of work performed under the Agreement by Contractor andeach employee, agent, and subcontractor of Contractor performing serviceshereunder;
•The Contractor's signature;
•Contractor shall give separate notice to the City when the total number of hoursworked by Contractor and any individual employee, agent, or subcontractor ofContractor reaches or exceeds 800 hours within a 12-month period under thisAgreement and any other agreement between Contractor and City. Such notice shallinclude an estimate of the time necessary to complete work described in Exhibit A andthe estimate of time necessary to complete work under any other agreement betweenContractor and City, if applicable.
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.
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.
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 September 18, 2019 Page 3 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A
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 B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B 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 Concrete Cutting
September 18, 2019
Page 4 of 15
EXHIBIT A
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,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 5 of 15
EXHIBIT A
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
occurrence limit. Such coverage shall include but shall not be limited to, protection
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 6 of 15
EXHIBIT A
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including 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 Concrete Cutting
September 18, 2019
Page 7 of 15
EXHIBIT A
4.3
4.4
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.
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 September 18, 2019
Page 8 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A
•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 active 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.
I 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.
6.1
STATUS OF CONTRACTOR.
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. 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. 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
Services Agreement between September 18, 2019
Page 9 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A
6.2
Section 7.
7.1
7.2
7.3
7.4
7.5
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.
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.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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 tis.cal assistance program.
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.
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
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.
Services Agreement between September 18, 2019
Page 10 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A
Section 8.
8.1
TERMINATION AND MODIFICATION.
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.
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;
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 11 of 15
EXHIBIT A
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 Contracto'r 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.
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.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 12 of 15
EXHIBIT A
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.
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.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 13 of 15
EXHIBIT A
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: Lowell Dean McDonald
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A B, C and D represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Scope of Services
Compensation Schedule & Reimbursable Expenses
California Labor Code Section 1720 Information
Conflict of Interest Statement
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
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.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 14 of 15
EXHIBIT A
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
Christopher L. Foss, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
3070365.1
Services Agreement between
City of Dublin and Precision Concrete Cutting
ontractor's DIR Registration Number
(if applicable)
September 18, 2019
Page 15 of 15
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
The scope of services required to assist the City include; but are not limited to: inspection, reporting, and
minor concrete repair/maintenance services on City-owned public sidewalks within the designated service
areas including 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 grind or 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.
City Facilities and Parks
Facility
City Hall
Library
Public Safety Complex
Shannon Center & Park
Senior Center
Services Agreement between
City of Dublin and Precision Concrete Cutting
Address
100 Civic Plaza
200 Civic Plaza
6363 Clark Avenue*
11600 Shannon Avenue
7600 Amador Valley Boulevard
September 18, 2019
Exhibit A -Page 1 of 4 ·
EXHIBIT A
Heritage Park & Museum (Old St. Raymond Church & 6600 Donlon Way Schoolhouse)
Historic Park (Kolb House) 6600 Donlon Way
The WAVE 4201 Central Parkway
City Corporation Yard 5709 Scarlett Court
Fire Station 16 7 494 Donohue Drive
Fire Station 17 6700 Madigan Drive
Fire Station 18 4800 Fallon Road
Emerald Glen Park 4100 Gleason Drive
Jordan Ranch Park 4299 Jordan Ranch Drive
Passatempo Park 3200 Palermo Way
Kolb Park 7 416 Brighton Drive
Alamo Creek Park 7601 Shady Creek Road
Bray Commons 3300 Finnian Way
Devany Square 4405 Chancery Lane
Stagecoach Park 7550 Stagecoach Road
Dublin Historic Park 11759 Dublin Boulevard
Ted Fairfield Park 3550 Antone Way
Dougherty Hills Dog Park 7157 Stagecoach Road
Mape Memorial Park 11711 Plata Way
Pi�zza Sorrento 3600 Palermo Way
Dolan Park 11651 Padre Way
Schaefer Ranch Park 9595 Dublin Boulevard
Positano Hills Park 2301 Valentano Drive
Fallon Sports Park 4233 Fallon Road
Dublin Sports Grounds 6700 Dublin Boulevard
Sean Diamond Park 4801 La Strada Drive
*Start date to be determined by Public Works Maintenance Superintendent, or their designee.
Agreement will allow for additional facilities to be added and approved by the Public Works Maintenance
Superintendent, or their designee. In addition, Public Works Maintenance Superintendent, or their
designee may approve additional unforeseen services on top of items approved in this Agreement.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit A -Page 2 of 4
EXHIBIT A
Construction Phase Stormwater BMPS
The National Pollutant Discharge Elimination system (NPDES) stormwater permit
mandates that the following best management practices (BMPs) are implemented to
control pollutant discharges from all project sites. It is illegal to dispose of anything in
the storm drain. Call 9-1-1 if an illegal discharge is witnessed. Remember "only rain
down the storm drain."
Genera I Practices
□Store materials under cover, protected from rainfall and runoff.
□Use tarps on the ground to collect fallen debris or splatters.
□Pick up litter and other wastes daily from outside areas including from storm drain
inlet grates.
□Avoid outdoor work during wet or windy weather.
Spill 1>revention and control
□Never wash spilled material into a gutter, street, storm drain, or creek!
□Keep a stockpile of spill cleanup materials (rags, absorbents, etc.) available at the
construction site at all times.
□Clean up leaks, drips and other spills using dry methods (with absorbent materials)
immediately so that they do not contaminate soil or groundwater or leave residue on
paved surfaces.
□Use a 3 step process if wet cleaning is required for small spills: 1) soak up with rags,
2)use absorbents, and 3) mop and collect water to dispose of in an indoor drain. All
hazardous materials should be taken to the Household Hazardous Waste facility.
□Report any hazardous materials spills immediately! Dial 9-1-1 or your local
emergency response number.
Washing & Cleanup
□Collect all wash water and discharge to an indoor sanitary sewer drain.
□Wash equipment/vehicles in a designated and/or covered area where the wash water
is collected to be recycled or discharged to the sanitary sewer. Contact Dublin San
Ramon Services District (DSRSD, www.dsrsd.com) for discharge requirements.
□When stripping or cleaning building exteriors with high-pressure water, block storm
drains. Collect the water for disposal to the sanitary sewer (contact Dublin San
Ramon Services District for discharge/connection requirements) or direct water into a
nearby landscape area. Go to the Bay Area Stormwater Management Agencies
Association website (www.basmaa.org) to become or find a certified mobile cleaner.
Saw cutting
□Completely cover or barricade storm drain inlets when saw cutting. Use sand bags or
berms to keep slurry out of the storm drain system. Shovel, or wet/dry vacuum
saw-cut slurry and pick up all waste as soon as you are finished or at the end of each
work day (whichever is sooner!).
Ciry of Dublin Environmemal Se/Vices Division DSRSD
925-833-6630 I es@dublin.ca.gov 925-828-0515
Services Agreement between
City of Dublin and Precision Concrete Cutting
Household Hazardous Wasre
1 800 606-6606
September 18, 2019
Exhibit A-Page 3 of 4
EXHIBIT A
Concrete, grout, and mortar storage & disposal
□Store concrete, grout, and mortar under cover and away from drainage areas.
Secure bags of cement after they are opened. Keep wind-blown cement powder
away from gutters, storm drains, and rainfall.
□Divert water from washing exposed aggregate concrete to a dirt area where it will not nm into a gutter, street, or storm drain.
□Wash out concrete mixers in designated water-tight wash-out areas in your
company's yard. At the construction site, recycle washout by pumping back into
mixers for reuse; recycle or properly dispose of concrete remaining in chute.
Painting
□For oil-based paints, paint out brushes as much as possible. Filter paint thinners and
solvents for reuse whenever possible. Dispose of oil-based paint sludge, unusable
thinner and leftover paint at the Household Hazardous Waste Facility
(www .stopwaste.org/recycling/residents/household-hazardous-waste).
□For water-based paints, paint out brushes as much as possible, then rinse in a sink.
Empty cans, rags, and brushes used with water-based paints can be disposed of in
the trash.
Erosion Control
□Keep excavated soil on the site where it is least likely to collect in the street.
Transfer to dump trucks should take place on the site, not in the street.
□Use fiber rolls, silt fences, or other control measures to minimize the flow of silt off
the site.
□Avoid scheduling earth moving activities during the rainy season if possible. If
grading activities during wet weather are allowed in your permit, be sure to
implement all control measures necessary to prevent erosion.
□Minimize disturbance to existing vegetation whenever possible. Mature vegetation is
the best form of erosion control.
□Prevent erosion by securing the soil with erosion control fabric, or seed with fast
growing grasses as soon as possible. Place fiber rolls down-slope until soil is secure.
Some applicable permits include but are not limited to:
✓Accessory Structure ✓Pool and Spa
✓Bathroom or Kitchen Remodel ✓Residential Addition
✓Encroachment ✓Structural Pest Permit
✓Fence ✓Tenant Improvement
Cily of Dubli11 E11viro11111emal Services Division DSRSD
925-833-6630 I es@dublin.ca.gov 925-828-0515
Services Agreement between
City of Dublin and Precision Concrete Cutting
Household Hazardous Wasre
1 800 606-6606
September 18, 2019
Exhibit A -Page 4 of 4
EXHIBIT A
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Cutting or Shave Height Unit Cost Per Linear Foot
0-0.5 $8.00 per linear foot
>0.5-1.0 $21.50 per linear foot
>1.0-1.5 $18.50 per linear foot
>1.5-1.75 $1.00 per linear foot
>1.75-2.0 $2.00 per linear foot
Inspection Services & GIS Report $0.10 per linear foot (Approx. 256 curb miles)
Please note, reimbursable expenses are built into rates as identified above.
Contractor shall submit to the City any proposed increases to costs no later than 60 days prior to the start of
a new Fiscal Year (July 1 -June 30). Any changes to costs shall be approved in writing by the Public Works
Maintenance Superintendent, 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%.
Annual estimated costs are as follows:
Year 1*
Year 2
Year3
Year4
Total NTE
$250,000
$250,000
$250,000
$250,000
$1,000,000
*Includes cost for initial Inspection Services & GIS Report.
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.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit B -Page 1 of 1
EXHIBIT A
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A.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.
B.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 of8 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.
C.The Contractor 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.
WAGES:
A.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 Contractor 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 or work.
B.In accordance with California Labor Code Section 1775, the Contractor and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes penalties per day for each worker engaged in the
performance of the services described in Exhibit A that the Contractor 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 Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or
the previous record of the Contractor or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit C -Page 1 of 3
EXHIBIT A
obligations under the California Labor Code. The Contractor 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 Contractor is not liable
for any penalties therefore unless the Contractor had knowledge of that failure or unless the
Contractor fails to comply with all of the following requirements:
1.The contract executed between the Contractor 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.
2.The Contractor 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.
3.Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of
wages, the Contractor 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.
4.Prior to making final payment to the subcontractor, the Contractor 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.
C.In accordance with California Labor Code Section 1776, the Contractor 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 verifi$d by a written declaration that it is made
under penalty of perjury, stating both of the following:
1.The information contained in the payroll record is true and correct.
2.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 sent directly to the Labor Commissioner, and available for inspection by the Owner and its
authorized representatives, the Division of Labor Standards Enforcement, the Division of
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit C -Page 2 of 3
EXHIBIT A
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be
available for inspection in accordance with California Labor Code Section 1776.
D.In accordance with California Labor Code .Section 1777.5, the Contractor, on behalf of the
Contractor and any subcontractors engaged in performance of the services described in Exhibit
6,, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E.In case it becomes necessary for the Contractor 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 Contractor 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.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit C -Page 3 of 3
EXHIBIT A
EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin's Conflict of Interest requirements as specified in
the City's RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer ·or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit D -Page 1 of 1
EXHIBIT A