Item E-11 Agenda Report — Beverly Hills City Council, October 3, 2023

AGENDA REPORT
Meeting Date: October 3, 2023
Item Number:

To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Robert Sahagun, Street Services Bureau Manager
Subject: AMENDMENT NO. 4 TO AN AGREEMENT BETWEEN THE CITY

OF BEVERLY HILLS AND SAFE SIDEWALKS INCORPORATED

DBA PRECISION CONCRETE CUTTING (FORMERLY

PRECISION CONCRETE CUTTING) FOR SIDEWALK SURVEY
INSPECTION AND ON-CALL TRIP HAZARD REMOVAL; AND

APPROVAL OF A CHANGE PURCHASE ORDER IN THE
AMOUNT OF $750,000 FOR A TOTAL NOT-TO-EXCEED
AMOUNT OF $2,377,787
Attachments: 1. Agreement 675-19

2. Amendment No. 1

3. Amendment No. 2

4. Amendment No. 3

5. Amendment No. 4

6. Public Works Sidewalk Inspection and Repair Policy

7. Keystone Purchasing Network (KPN) Bid No. 201604-02

8. Precision Concrete Cutting KPN Acceptance of Bid and Contract Award

RECOMMENDATION
Staff recommends City Council move to approve Amendment No. 4 to Agreement No. 675-19 with Safe Sidewalks Incorporated DBA Precision Concrete Cutting for sidewalk survey inspection and on-call trip hazard removal services within the City of Beverly Hills and approve a change purchase order in the amount of $750,000 for a total not-toexceed amount of $2,377,787.

INTRODUCTION
In December 2019, the City of Beverly Hills entered into agreement 675-19 with Safe Sidewalks Incorporated DBA Precision Concrete Cutting (PCC) for $50,000 to conduct a sidewalk condition assessment and provide on-call trip hazard removal services within Meeting Date: October 3, 2023

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the City of Beverly Hills (Attachment No. 1). The agreement's scope of work was expanded in October 2020 with an additional amendment of $250,000 (Attachment No. 2). As the project’s scope was expanded, subsequent amendments were approved in July 2022, adding $17,787 (Attachment No. 3), and in June 2023, with an additional $750,000 (Attachment No. 4). Staff is now recommending a fourth amendment, proposing an increase of $750,000, resulting in a total not-to-exceed amount of $2,377,787 (Attachment No. 5). This recommendation aims to ensure the continuation and completion of the sidewalk condition assessment and trip hazard removal services.

DISCUSSION
On January 1, 2019, the Public Works Department introduced a revised Sidewalk Inspection and Repair Policy (Sidewalk Policy). The policy's objective is to minimize trip and fall incidents by establishing standardized procedures and frequencies for sidewalk inspection and repairs. The primary factors contributing to these incidents are aging sidewalk deterioration, tree root expansion, and ground settlement. The comprehensive Sidewalk Policy can be reviewed in Attachment No. 6.

As outlined in the Sidewalk Policy:
 Annual inspections are required in the Business Triangle, South Beverly Drive Corridor, and Robertson Boulevard Corridor.
 Inspections in all other locations are scheduled every four years.

PCC has completed its sidewalk condition assessment for the City's 219 linear miles of sidewalk. Through this assessment, priority repairs have been addressed in:
 The Business Triangle (bounded by Wilshire Blvd., Santa Monica Blvd., and N Rexford Drive);
 Beverwil Drive (from Olympic Blvd. to the City's boundary);  South Beverly Drive (from Wilshire Blvd. to the City's boundary);  Areas around the Waldorf Astoria, Beverly Hilton, and Wilshire Four Season Hotels; and
 City sidewalks located south of Elevado Avenue.

The recommended $750,000 amendment will ensure:
 The mitigation of offsets on City sidewalks located north of Elevado Avenue; and  The continuation of Citywide condition surveys and hazard mitigation repairs in line with the Sidewalk Policy.

In the past 3-1/2 years, PCC has identified 23,953 sidewalk displacements. Of these, approximately 10,000 will be addressed using PCC’s proprietary method of horizontal saw cutting. PCC has already remedied displacements at 7,264 locations, which equates to repairs on 200,000 sq. ft., or 45,000 linear feet of sidewalk. Given the estimated sidewalk replacement cost of $30 per sq. ft., staff projects that the removal and replacement (R&R) of 200,000 sq. ft. of sidewalk using traditional construction methods would have incurred costs exceeding $6,000,000 for the City. However, prior to the proposed amendment, the City has expended only $1,627,787 by employing PCC's services. This method translates to a savings of over $4,000,000 when compared to conventional R&R construction methods.

According to the Beverly Hills Municipal Code (BHMC) Section 3-3-205, the City is exempt from standard bidding procedures when cooperative agreements involve federal or state governments, or any political subdivisions that have already bid on the items or services. This exemption facilitates reduced administrative costs for the City, ensuring efficiency while still adhering to BHMC's public bidding process. The City currently Meeting Date: October 3, 2023

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benefits from its Keystone Purchasing Network (KPN) membership, which serves over 50,000 Governmental Agencies nationwide (Bid # KPN 202201-04, Attachment 7).

KPN has annually renewed its agreement with PCC since 2016. The current agreement commenced on March 1, 2022, and will conclude on February 28, 2024 (Attachment 8).

The City's partnership with PCC, intermittent since 2011, has consistently delivered outstanding results. Most notably, PCC's involvement has led to significant cost savings in the identification and remediation of sidewalk offsets.

FISCAL IMPACT
Funds are available for this Amendment in the Street and Sidewalk Improvement Capital Improvement Project account (CIP No. 0195).

Shana Epstein,
Director of Public Works
Approved By
Attachment 1
DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7CBC8973 AGREEMENT NO.
j (o7S-19 !

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

PRECISION CONCRETE CUTTING FOR SIDEWALK SURVEY

INSPECTION AND ON-CALL TRIP HAZARD REMOVAL
NAME OF CONTRACTOR: Precision Concrete Cutting
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Gary Beneduci, Treasurer CONTRACTOR'S ADDRESS:

CONTRACTOR'S E.1.NfrAX I.D. NO.:

CITY'S ADDRESS:

COMMENCEMENT DATE:

TERMINATION DATE:

CONSIDERATION:
80785-000 I \2309427v6 doc
5737 Kanan Road, #718
Agoura Hills, CA 91301
Attention: Gary Beneduci, Treasurer
27-0772951
City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
Upon Written Notice to Proceed
June 30, 2020
Not to exceed$ 50,000.00, as more
particularly described in Exhibit B
DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7C8C8973

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

PRECISION CONCRETE CUTTING FOR SIDEWALK SURVEY

INSPECTION AND ON-CALL TRIP HAZARD REMOVAL
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called "CITY"), and Precision Concrete Cutting (hereinafter called "CONTRACTOR").

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the "Scope of Work"), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONTRACTOR's Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY.

CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

The City Manager or his designee may extend the time of performance in writing for two additional or:ie-year terms or such other term not to exceed two year.s from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
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DocuSign Envelope ID: 0696020E-549A-4O17-91 E6-E04E7C8C8973 (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR's employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONTRACTOR's Responsible Principal set forth above shall be principally responsible for CONTRACTOR's obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY's Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR's Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR. 3 B0785-000 I \2309427v6 doc
DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7C8C8973 Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers' compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best's Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR's expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with the City Clerk a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with the City Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
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DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7CBC8973 (i) The insurance coverage amounts required under the Agreement do not limit CITY's right to recover against CONTRACTOR and its insurance carriers.

Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney's fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.
(c) Notwithstanding the above, CONTRACTOR shall not be responsible for trip hazards that arise after completion of the remediation and repair work satisfactorily performed and as required in the performance of this Agreement due to conditions outside the control of CONTRACTOR, such as tree roots, water, and settling.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on-- the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY's Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR's Scope of Work.

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records and Inspections. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years. CITY shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. 5 80785-000 I \2309427v6 doc
DocuSign Envelope ID· 0696020E-549A-4D17-91 E6-E04E7CBC8973 Section 17. Prevailing Wage. CITY and CONTRACTOR acknowledge that this project is a public work to which prevailing wages apply. CONTRACTOR shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D, attached hereto and incorporated herein by this reference.

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 19. Attorney's Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 21. Exhibits: Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

EXECUTED the 26th day of_---"D __ e_c_e_m_b_er ___ 20_!2_, at Beverly Hills, California. [Signatures continue]
80785-000 I \2309427v6 doc

CITY OF BEVERLY HILLS
A Municipal Corporation
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GEORGE CHAVEZ if
City Manager
6 DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7C8C8973 APPROVED AS TO FORM:
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LAURENCE S. WIENER
City Attorney
B0785-000 I \230942 7v6 doc
7 CONTRACTOR:
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Precision Concrete Cutting
-

SOO HOON WANG BENEDUCI
President
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GARY BENEDUCI
Chief Executive Officer/Treasurer
APPROVED AS TO CONTENT:

SHANA EPSTEIN
Director of Public Works
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DAREN GRILLEY
City Engineer

ROBERT SAHAGUN
Street Superintendent

SHARON L'HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7CBC8973 Background

EXHIBIT A

SCOPE OF WORK
In order to sustain and improve safety within CITY, the Public Works Department, in concert with the Risk Management Office, has developed a Sidewalk Maintenance Program and identified in Attachment 1 to Exhibit A. The goal of this program is to identify, locate, and mitigate, if not completely eliminate tripping hazards in all public sidewalks. CITY and CONTRACTOR have entered into the Agreement for the inspection of subject areas to identify types of hazards and the locations of these hazardous conditions and perform the necessary work to remove these trip hazards as determined and agreed upon by both parties.

PROJECT AREA
The project area includes CITY's public sidewalks within CITY limits defined more generally as CITY Districts 1-21 (Attachment 2 to Exhibit A).

SIDEWALK INSPECTION
CONTRACTOR shall inspect walking surfaces between the curb face and CITY's property line along public sidewalks and provide a written inspection report in the format approved by CITY's Public Works Department.

The inspection reports shall include the identification, location, and description of each problem and recommended action to be taken. The format and information required may be changed at the request of CITY.

Services and Responsibilities

1. CITY shall provide maps of designated Business Corridor areas and 21 Maintenance Districts (MD) to CONTRACTOR.

2. CONTRACTOR shall inspect public sidewalks designated • on the MD or those areas designated by CITY's Project Manager.

3. CONTRACTOR shall use current CITY standards as described in this Exhibit A, including Attachment 1, in determining tripping hazards. These hazards shall include, but are not limited to:
a. Differential displacement between sidewalk sections - above ¼ inch to 3/4 inch.

These are considered trivial and not to be repaired pursuant to Exhibit A, but CONTRACTOR shall document with an inspection report.
b. Differential displacement between sidewalk sections -3/4 inch or greater. c. Spalled surfaces, holes in surfaces, and cracks above ½ inch horizontally and ½ inch deep or greater.
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DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7CBC8973 d. Deteriorated joints that have an eroded condition and are 1/2" wide or greater or any hazard as defined in Attachment 1 to Exhibit A, City's Public Works Engineering Division/Street Maintenance Bureau Sidewalk Inspection and Repair Policy." CONTRACTOR shall record location of damaged sections in a GPS device.

4. Data entered into the GPS device shall be provided in writing to CITY for entry into CITY's GIS system.

5. CONTRACTOR shall provide written inspection reports that shall include, but not be limited to:
a. Identification and description of each problem condition b. Physical address and location including GPS location data c. Size of the hazards in height, length, and square foot d. Pictures of damaged areas
e. Action for repair based on Attachment 1 to Exhibit A, CITY Sidewalk Inspection and Repair Policy
f. Recommended action to be taken

6. CONTRACTOR shall report to CITY the results of the inspection on a district-by-district basis including work progress briefing.

7. CONTRACTOR shall report any severe hazards identified above 1" to Project Manager daily for mitigation.

8. 'CITY may request changes to the format and any changes to the information required in the written reports.

SIDEWALK TRIP HAZARD REMOVAL
Services and Responsibilities
I. CONTRACTOR shall repair all sidewalk trip hazards from 3/4" and up to 2 1/2" in designated work areas as determined by CITY's Public Works Department.

2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other if applicable, leaving a zero point of differential between slabs.CONTRACTOR will not be tasked with filling cracks, only repairing sidewalk defects, and CONTRACTOR shall not use Fill Material when repairing sidewalk lifts. "Fill Material" is defined as material that deteriorates or breaks apart over time.

3. CONTRACTOR shall not cause any damage to adjacent sidewalks, landscaping, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or CONTRACTOR's equipment does cause damage to above, CITY 9 B0785-000 I \2309427v6 doc
DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7C8C8973 must be notified immediately and damages must be repaired at CONTRACTOR's expense within 24 hours of the time the damage occurred.

4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in CONTRACTOR's unit cost and not paid for separately.

5. CONTRACTOR shall repair each sidewalk trip hazard without damage or visible markings to adjacent slab(s) or curb(s).

6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact.

7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a. The Specific hazard height - both high side and low side measurement - in 1/8ths of an inch
b. The calculated unit for measurement shall be the average depth of the trip hazard multiplied by the width resulting in an "inch-foot" total c. Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut.
d. Example: if a trip hazard is cut 1" on one side and tapered to "0" on the other side of a full 4-foot width sidewalk, it shall be calculated as follows:
e. (1" + O") / 2 x 4' = 2 inch-feet
i. 2 x price per inch foot = $ total cost of trip hazard f. All invoices must show the cut depth, size, length, width, address location and inch-feet calculations.
g. The total width of actual repair to the nearest 1/2 foot h. The physical location (address) of each repair
i. Itemized cost of each repaired trip hazard

8. CONTRACTOR shall submit bi-weekly a detailed invoice setting forth the services performed in accordance with the formula for saw cutting calculations.

9. CONTRACTOR shall guarantee specified repair slope (1: 12 or 1 :8 based upon requirements outlined by the Americans with Disabilities Act; Title 111, Regulation 28 CFR.

Part 36, Sections 4.5.2 and 4.8.2) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery.
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DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7C8C8973 1 0. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co-efficient of friction of at least

0.6. 11. Method of trip hazard removal shall entail precise saw cutting performed with hand-held electric powered equipment, using a machined hub and flush mounted diamond tipped blades. Must be capable of cutting at any angle and perform trip hazard removal in hardto-reach areas, around obstacles, on narrow walkways, next to fences and retaining walls or buildings. CONTRACTOR's trip hazard repairs shall not leave ridges or grooves that could hold water and prevent drainage of rain water or irrigation.

12. CONTRACTOR shall schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times.
a. Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.

13. CONTRACTOR shall take precautions during saw cutting operations not to disfigure, scar, or impair the health of any tree on public or private property.

14. CONTRACTOR shall provide a Safety Plan per the Manual of Standard Specifications or must provide an Employee Safety Manual that is specific to CITY.

15. CONTRACTOR shall provide CITY with proof of an "Employee Manual" explaining instruction and giving direction on how saw cutting work is to be performed.

16. CONTRACTOR shall provide patent numbers for saw cutting equipment specifically used and designed for trip hazard removal on sidewalks.

The removal of trip hazards to the specifications of this Agreement are protected by the patent numbers listed below by the US Patent and Trademark office.

U.S. Pat. No. 6,827,074
U.S. Pat. No. 6,896,604
U.S. Pat. No. 7,000,606
U.S. Pat. No. 7,143,760
U.S. Pat. No. 7,201 ,644
U.S. Pat. No. 7,402,095
CONTRACTOR guarantees the work shall be performed in accordance with the Scope of Work, specified herein and to CITY's full satisfaction and in accordance with all relevant codes and regulations.

TIMELINE FOR REPAIRS
Pursuant to CITY Sidewalk Policy, Exhibit A CONTRACTOR shall make repairs to sidewalks within seven (7) days for a sidewalk differential from ¾" to 1" and within seventy-two (72) hours for a sidewalk differential greater than 1".
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DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7CBC8973 Additional services outside of the Scope of Work as outlined in this Exhibit will be set forth in writing in an executed Individual Project Order (IPO) subject to the approval of CITY in writing before any work will be initiated. CONTRACTOR and CITY will mutually agree to the additional services and cost in writing.
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DocuSign Envelope ID: 0696020E-549A-4O17-91E6-E04E7C8C8973 ATTACHMENT 1 TO EXHIBIT A
Publlc Works Englnoorlng Division/Street Maintenance Bureau Sldowalk Inspection and Repair Policy
Effective Date: January 1 2019
Purpose:

The sldawalk inspection and repair policy 1s intended to prevent trip and fall incidents due lo the delerioratIon of aging sidewalks expansion of roots, and ground settlement Regular inspections of city-owned sidewalks will be used to documont and schedule repairs in order lo minimize lhe poss lb I Ly of Injury to rosidents and visitors to the City •
Polley:

As part of the overall nsk management program of the City the F'ubhc Works Department shall conduct regular inspections of sidewalks to ensure pedestrian safety Defects w11l be doet.Jmented and repaired according to the procedures deacril>oo herein.

Proce;duru:

The Public Works Department will perform an annual lnspect,on of sidewalks In the commercial corridors hsted below:
• Business "Trl.ing/e• Area bounded by Santo Monico Boulevard, W !shire Boulevard, and North Crescent Drive;
• South Beverly Corriaor. South Beverly Orivo from Wi shire Boulevard lo the City Limit, • Robertson Boulevard Corridor Robertson Boulevard from Burton Way to Olympic Boulevard; A sidewalk Inspection of all other areas of tho City will be performed every fourth year (1 e , 25% of the City .,..till be inspected annually).

In addition to the regular inspections descnbed above, tile Cjly enc.:ourages anyone lo report deficiencies. Public Works staff are also instructed to report sidewalk deflctencles to the Street Ma ntenance Bureau Reported deflcler.cles will be addressed as part of the City's sidewalk repair program One of :he difficul es a public agency has is to evaluate and prioritize sidewalk repalrs Lo balance needs wIlh limited staffing or financial resourees The seventy of the defect Is impotlant In pnorI1,2:ln9 repairs An average vertical displacement between sidewalk abutments that is used to evaluate a "trivial defect' Is¼ inch. Deficiencies greater than¾ inch will be mitigated by grinding patching, ramping or removal and rep acement In some instances. It may be necessary to mark the defect with paint to serve as a warning_ t.tnlil mote permanent mrt1gation can be performed The location of the hazard is also important. It 1s important to e iminate hazards 1n areas with high levels of pedestrian activty (e.g. business or tounst acbvity, schools. civic build ngs etc ). This may lead to a dec:1sIon lo mitigate a low severit>/ defect on a heavily used s'dewalk Sidewalk defects 1dentrfied dunng 1nspeci1ons wI·I be addressed as outllne<i in the table below:

Description of Defect Action
Vertical displacement less than 3/4 Inch
'
Document defect and reinspect for changes
according to reAular schedule
Vertical displacement 1s between 3/4 mch and 1 Inch Mrtloate within 7 davs· Cracks or holes greater than 1/2 inch horizontally and Mitigate within 7 days• 1/2 mch deep
Vertical d1solacement Is greater than 1 inch M ligate within 72 hours • If the defect cannot be mftI9atod m thJs trmeframe, the defect will be marked with a r;onsp1cuous color paint lo sc,vo as a 1vamrng ta the public. The defect will then be mitigated w1t/1,n 60 days 13 80785-000l\2309427v6 doc
l
DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7CBC8973

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement in a total amount not to exceed Fifty Thousand Dollars ($50,000.00), including all labor, materials, equipment and taxes.

CONTRACTOR shall charge CITY for services rendered at the following rates:

SIDEWALK INSPECTION
The fee paid to CONTRACTOR for sidewalk inspection services shall be $125.00 per hour for each of the Business Corridor districts requiring an estimated 60 man hours to complete the task.

ESTIMATED INSPECTION

COST PER SIDEWALK TOTAL SIDEWALK ESTIMATED MAN DAYS TOTAL SURVEY COST

MILE MILES
$326.00 153 70 $49,878.00

TRIP HAZARD REMOVAL BY SAW CUTTING

SIDEWALK CUTTING
PRICE CALCULATION METHOD:

The fee paid to CONTRACTOR for removal services shall be $30 per inch-foot for each qualified sidewalk trip hazard identified and removed as listed in the sidewalk inspection report approved by CITY.

Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut (1 .8 slope or as noted in Scope of work, Item 10).

CONTRACTOR shall submit to CITY a detailed invoice, on a bi-weekly basis for the services performed pursuant to this Agreement with documentation provided and approved by the Project Manager. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.
14 80785-000 I \2309427v6 doc
DocuSign Envelope ID: 0696020E-549A-4D17-91E6-E04E7C8C8973

EXHIBITC

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED

ADDRESS

COMPANY
(A B C ) COVERAGE

AUTOMOBILE LIABILITY

GENERAL LIABILITY
□ PRODUCTS/COMPLETED

OPERATIONS

BLANKET CONTRACTUAL

CONTRACTOR S PROTECTIVE

PERSONAL INJURY

EXCESS LIABILITY
0 WORKERS' COMPENSATION
□
POLICY
NUMBER

COMPANIES AFFORDING COVERAGE
A.

EXPIRATION Bl LIMITS

DATE PD

AGGREGATE
It 1s hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills. • In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or ma) pertain, the insurance afforded by the policies described herein is subject to all the terms. exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02 DOC REVISED 10/ 14/96
15 80785-000 I \2309427v6 doc
OocuSign Envelope ID: 0696020E-549A-4O17-91 E6-E04E7C8C8973

EXHIBIT D
Terms for Compliance with California Labor Law Requirements Section 1. CONTRACTOR acknowledges that the project as defined in this Agreement between CONTRACTOR and CITY, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1 "), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. CONTRACTOR shall perform all work on the project as a public work. CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1 (a) and 1 (b) as though set forth in full herein.

Section 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

Section 3. CONTRACTOR shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the effective date of this Agreement. CONTRACTOR shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONTRACTOR or any subcontractor cease to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify CITY.

Section 4. Pursuant to Labor Code Section 1771.4, CONTRACTOR's services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.

Section 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.

Section 6. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONTRACTOR shall, as a penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any subcontractor.

Section 7. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records.

CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall 16 B0785-000 I \2309427v6 doc
DocuSign Envelope ID: 0696020E-549A-4D17-91 E6-E04E7C8C8973 Section 8. be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR and each of its subcontractors shall submit to the CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Section 9. CONTRACTOR acknowledges that eight hours labor constitutes a legal day's work. CONTRACTOR shall comply with and be bound by Labor Code Section 1810.

CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

Section 10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Section 11. For every subcontractor who will perform work on the project, CONTRACTOR shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure.

To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (at CONTRACTOR's expense with counsel reasonably acceptable to the CITY) the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of CONTRACTOR under this Section shall survive termination of the Agreement. 17 B0785-000 I \2309427v6 doc
Certificate Of Completion
Envelope Id: 0696020E549A4D1791 E6E04E7C8C8973
Subject: Please DocuSign: Precision Concrete Cutting Agreement revised by CAO.pdf Source Envelope:

Document Pages: 17
Certificate Pages: 3
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 8
Initials: 1
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
12/10/2019 11 :03:20 AM
Signer Events
Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Sharon Dressel
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Gary Beneduci
[email protected]
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(None)
Electronic Record and Signature Disclosure:

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Soo Hoon Wang Beneduci
[email protected]
President
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Holder: Flora Flowers
[email protected]
Signature
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Docu~ . .... SECURED
Status: Completed
Envelope Originator:

Flora Flowers
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.188.149
Location: DocuSign
Timestamp
Sent: 12/10/2019 2:06:08 PM
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Daren Grilley
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Robert Sahagun
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Shana E Epstein
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Deborah R. Hakman
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George Chavez
gchavez@beverlyhills org
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Attachment 2
1 B0785-0001\2459693v1.doc
AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE

CITY OF BEVERLY HILLS AND SAFE SIDEWALKS

INCORPORATED DBA PRECISION CONCRETE CUTTING
(FORMERLY PRECISION CONCRETE CUTTING) FOR

SIDEWALK SURVEY INSPECTION AND ON-CALL TRIP

HAZARD REMOVAL
NAME OF CONTRACTOR: Safe Sidewalks Incorporated dba Precision Concrete Cutting
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Gary Beneduci, Treasurer CONTRACTOR’S ADDRESS: 5737 Kanan Road, #718
Agoura Hills, CA 91301
Attention: Gary Beneduci, Treasurer
CONTRACTOR’S E.I.N/TAX I.D. NO.: 27-0772951
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: Upon Written Notice to Proceed
TERMINATION DATE: June 30, 2021, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Original Agreement:

Not to exceed $ 50,000.00, as more
particularly described in Exhibit B
Amendment No. 1:

Not to exceed $250,000.00, as more
particularly described in Exhibit B
Total:

Not to exceed $300,000, as more
particularly described in Exhibit B

556-20
AfiREEMEINT NO.

I I
2 B0785-0001\2459693v1.doc
AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE

CITY OF BEVERLY HILLS AND SAFE SIDEWALKS

INCORPORATED DBA PRECISION CONCRETE CUTTING
(FORMERLY PRECISION CONCRETE CUTTING) FOR

SIDEWALK SURVEY INSPECTION AND ON-CALL TRIP

HAZARD REMOVAL
This Amendment No. 1 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and Safe Sidewalks Incorporated dba Precision Concrete Cutting (Formerly Precision Concrete Cutting) (hereinafter called "CONTRACTOR") dated December 26, 2019 and identified as Contract No. 675-19 (“Agreement”).

RECITALS
A. CITY entered into a written agreement with CONTRACTOR to provide sidewalk survey inspection and on-call trip hazard removal. CONTRACTOR has legally changed the name of CONTRACTOR to Safe Sidewalks Incorporated dba Precision Concrete Cutting.

B. CITY and CONTRACTOR desire to amend the Agreement to change the name of the CONTRACTOR to reflect its current legal name, extend the Termination Date, increase the Consideration to compensate CONTRACTOR for the additional services required, and include infectious disease control requirements which all vendors, consultants and contractors must comply with that work on CITY projects.

NOW, THEREFORE, the parties agree as follows:

Section 1. The name of CONTRACTOR is hereby changed from Precision Concrete Cutting to Safe Sidewalks Incorporated dba Precision Concrete Cutting.

Section 2. The CONSIDERATION is hereby amended as set forth on the cover page.

Section 3. The TERMINATION DATE is hereby amended as set forth on the cover page.

Section 4. Exhibit A “SCOPE OF WORK,” shall be amended and restated as attached hereto and incorporated herein.

Section 5. Exhibit B, “SCHEDULE OF PAYMENT AND RATES,” shall be amended and restated as attached hereto and incorporated herein.

Section 6. Except as specifically amended by this Amendment No. 1, the remaining provisions of the Agreement shall remain in full force and effect. [Signatures follow]

13th October 20
DocuSign Envelope ID: D5FA143D-55D4-41C5-9E5D-1DB929C63055 California.

EXECUTED the_ day of _______ 20_, at Beverly Hills,
ATTEST:
-~~(),"'."""{l_~:--t...---J=-___ (SEAL)

HUMAAHMED
City Clerk
APPROVED AS TO FORM:
~ R.. ~~
LAURENCE S. WIENER
City Attorney
80785-000I\2459693v I .doc
3 CITY OF BEVERLY HILLS
A Municipal Corporation
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills, California
CONTRACTOR: Precision Concrete Cutting
SOO
~

HOON WANG BENEDUCI
President

GARY BENEDUCI
Chief Executive Officerrrreasurer
APPROVED AS TO CONTENT:

GEORGE CHAVEZ
City Manager

SHANA EPSTEIN
Director of Public Works
iJ.,t,vt..l'\, &ivi/1':J

DAREN GRILLEY
City Engineer

ROBERT SAHAGUN
Street Superintendent
Siuu,,b1A, r tfwn.tA-p Vvt-ssJ,

SHARON L'HEUREUX DRESSEL
Risk Manager
4 B0785-0001\2459693v1.doc

EXHIBIT A

SCOPE OF WORK
Background
In order to sustain and improve safety within CITY, the Public Works Department, in concert with the Risk Management Office, has developed a Sidewalk Maintenance Program and identified in Attachment 1 to Exhibit A. The goal of this program is to identify, locate, and mitigate, if not completely eliminate tripping hazards in all public sidewalks. CITY and CONTRACTOR have entered into the Agreement for the inspection of subject areas to identify types of hazards and the locations of these hazardous conditions and perform the necessary work to remove these trip hazards as determined and agreed upon by both parties.

PROJECT AREA
The project area includes CITY’s public sidewalks within CITY limits defined more generally as CITY Districts 1-21 (Attachment 2 to Exhibit A).

SIDEWALK INSPECTION
CONTRACTOR shall inspect walking surfaces between the curb face and CITY’s property line along public sidewalks and provide a written inspection report in the format approved by CITY’s Public Works Department.

Services and Responsibilities

1. CITY shall provide maps of designated Business Corridor areas and 21 Maintenance Districts (MD) to CONTRACTOR.

2. CONTRACTOR shall inspect public sidewalks designated on the MD or those areas designated by CITY’s Project Manager.

These are considered trivial and not to be repaired pursuant to Exhibit A, but CONTRACTOR shall document with an inspection report.
b. Differential displacement between sidewalk sections –3/4 inch or greater. c. Spalled surfaces, holes in surfaces, and cracks above ½ inch horizontally and ½ inch deep or greater.
d. Deteriorated joints that have an eroded condition and are 1/2” wide or greater or any hazard as defined in Attachment 1 to Exhibit A, City’s Public Works

5 B0785-0001\2459693v1.doc
Engineering Division/Street Maintenance Bureau Sidewalk Inspection and Repair Policy.” CONTRACTOR shall record location of damaged sections in a GPS device.

4. Data entered into the GPS device shall be provided in writing to CITY for entry into CITY’s GIS system.

6. CONTRACTOR shall report to CITY the results of the inspection on a district-by-district basis including work progress briefing.

7. CONTRACTOR shall report any severe hazards identified above 1” to Project Manager daily for mitigation.

8. ’CITY may request changes to the format and any changes to the information required in the written reports.

SIDEWALK TRIP HAZARD REMOVAL
Services and Responsibilities

1. CONTRACTOR shall repair all sidewalk trip hazards from 3/4” and up to 2 1/2” in designated work areas as determined by CITY’s Public Works Department.

2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other if applicable, leaving a zero point of differential between slabs.

CONTRACTOR will not be tasked with filling cracks, only repairing sidewalk defects, and CONTRACTOR shall not use Fill Material when repairing sidewalk lifts. ”Fill Material” is defined as material that deteriorates or breaks apart over time.

3. CONTRACTOR shall not cause any damage to adjacent sidewalks, landscaping, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or CONTRACTOR’s equipment does cause damage to above, CITY must be notified immediately and damages must be repaired at CONTRACTOR’s expense within 24 hours of the time the damage occurred.

5. CONTRACTOR shall repair each sidewalk trip hazard without damage or visible markings to adjacent slab(s) or curb(s).

6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact.

7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a. The Specific hazard height – both high side and low side measurement – in 1/8ths of an inch
b. The calculated unit for measurement shall be the average depth of the trip hazard multiplied by the width resulting in an “inch-foot” total c. Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut.
d. Example: if a trip hazard is cut 1” on one side and tapered to “0” on the other side of a full 4-foot width sidewalk, it shall be calculated as follows:
e. (1" + 0") / 2 x 4' = 2 inch-feet
i. 2 x price per inch foot = $ total cost of trip hazard f. All invoices must show the cut depth, size, length, width, address location and inch-feet calculations.
g. The total width of actual repair to the nearest 1/2 foot h. The physical location (address) of each repair
i. Itemized cost of each repaired trip hazard

8. CONTRACTOR shall submit bi-weekly a detailed invoice setting forth the services performed in accordance with the formula for saw cutting calculations.

9. CONTRACTOR shall guarantee specified repair slope (1:12 or 1:8 based upon requirements outlined by the Americans with Disabilities Act; Title III, Regulation 28 CFR, Part 36, Sections 4.5.2 and 4.8.2) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery.

10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co-efficient of friction of at least

0.6. 11. Method of trip hazard removal shall entail precise saw cutting performed with hand-held electric powered equipment, using a machined hub and flush mounted diamond tipped blades. Must be capable of cutting at any angle and perform trip hazard removal in hardto-reach areas, around obstacles, on narrow walkways, next to fences and retaining walls or buildings. CONTRACTOR’s trip hazard repairs shall not leave ridges or grooves that could hold water and prevent drainage of rain water or irrigation.

7 B0785-0001\2459693v1.doc

13. CONTRACTOR shall take precautions during saw cutting operations not to disfigure, scar, or impair the health of any tree on public or private property.

14. CONTRACTOR shall provide a Safety Plan per the Manual of Standard Specifications or must provide an Employee Safety Manual that is specific to CITY.

15. CONTRACTOR shall provide CITY with proof of an “Employee Manual” explaining instruction and giving direction on how saw cutting work is to be performed.

16. CONTRACTOR shall provide patent numbers for saw cutting equipment specifically used and designed for trip hazard removal on sidewalks.

The removal of trip hazards to the specifications of this Agreement are protected by the patent numbers listed below by the US Patent and Trademark office.

U.S. Pat. No. 6,827,074
U.S. Pat. No. 6,896,604
U.S. Pat. No. 7,000,606
U.S. Pat. No. 7,143,760
U.S. Pat. No. 7,201,644
U.S. Pat. No. 7,402,095
CONTRACTOR guarantees the work shall be performed in accordance with the Scope of Work, specified herein and to CITY’s full satisfaction and in accordance with all relevant codes and regulations.

TIMELINE FOR REPAIRS
Pursuant to CITY Sidewalk Policy, Exhibit A, CONTRACTOR shall make repairs to sidewalks within seven (7) days for a sidewalk differential from ¾” to 1” and within seventy-two (72) hours for a sidewalk differential greater than 1”.

Additional services outside of the Scope of Work as outlined in this Exhibit will be set forth in writing in an executed Individual Project Order (IPO) subject to the approval of CITY in writing before any work will be initiated. CONTRACTOR and CITY will mutually agree to the additional services and cost in writing.

Infectious Disease
A. The Federal Government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and CONTRACTOR to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively

8 B0785-0001\2459693v1.doc
“CONTRACTOR employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.

B. CONTRACTOR shall notify CITY immediately in writing if CONTRACTOR or CONTRACTOR employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONTRACTOR employees shall immediately cease performing services under the Agreement.

C. CONTRACTOR shall monitor CONTRACTOR employees’ signs and symptoms with written logs. CONTRACTOR shall do and maintain a daily recording of the following:

1. Require CONTRACTOR employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).

2. If CONTRACTOR employees have a fever (100°F or higher), are coughing, have trouble breathing or other symptoms of COVID-19, the common cold, or influenza:
(a) Do not have CONTRACTOR employees report to work.
(b) Contact your CITY Responsible Principal.
(c) Direct CONTRACTOR employees to:
i. Not go out in public.
ii. Avoid contact with others.
iii. Not travel while sick.
iv. Cover mouth and nose with a tissue or sleeve (not hands), while coughing or sneezing.
v. Wash hands often with soap and water for at least 20 seconds to avoid spreading illnesses such as the common cold, influenza or COVID-19 to others.
vi. If soap and water are not readily available, use an alcohol-based hand sanitizer, which contains 60%-95% alcohol or solutions available for use at the facility.

3. CONTRACTOR shall disinfect all areas that CONTRACTOR’s employees come in contact with while performing services under the Agreement before and after usage.

4. CONTRACTOR employees shall not return to any CITY facility until they meet the guidance* of the Los Angeles County Department of Public Health. * CONTRACTOR acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance for managers.

D. CONTRACTOR shall also maintain daily monitoring and record keeping in connection with CITY projects where CONTRACTOR employees come on site for the following information:

1. Projects are adhering to Social Distancing** and Industry Safety Standards for employees and the public.

2. CONTRACTOR employees are not working while sick.

3. CONTRACTOR shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.

4. CONTRACTOR shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.

9 B0785-0001\2459693v1.doc
**Please review Los Angeles County Department of Public Health guidelines for social distancing.

For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
CITY reserves the right to review CONTRACTOR’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONTRACTOR employees home who do not comply with these requirements. CONTRACTOR shall maintain the recordings and logs in accordance with the Agreement.

For questions, please contact the Responsible Principal or Risk Management at 310-285-1073.

10 B0785-0001\2459693v1.doc
ATTACHMENT 1 TO EXHIBIT A

Public Works E·nglnoorlng DlvlslonfStrect Maintenance Bu~au Sidowalk Inspection and Rcepair Policy
E:ffocti~e Date: January 1, 2019
Purpose :

The sidewalk i sp-sc on a CS repair policy s I ten ed to prevent trip a d fall incidents due o the deterio t,o of agl g sldawalks, axpansio or rools, and ground se emenl Regular inspect ons of city-owned sidewalks will be used to docu en and schedule repairs in order lo minimize the poss b1I ty of lnJury to residents a d visitors to the City . •
P•ollcy:

As part of the overall ris management prog m of Ifie City, e P bile Wo s Departmen shall conduc regular inspections of sidewalks to ensure pedesllian ar ty 0 fecis will be docun ented a d repaired acoording to the procedures described heteln.

P.roce;d.ures.;.

The Publlc Works De artme t ·11 perfor an an ual Inspection o sidewalks In the commercial corridors listed below:
• Busmess Triangle". Area bounded by Santa Mo ica Bouleva d, WIishire 'Bou evard, and o 11 Crescent Drive;
• S-0uth Beverly Corri or. Soulh Beve ly Drive from Wilshire Bo levard to e City Li ll, • Roberts.on Boulevord Corridor. Robertson Bo levard om Burton Way to Olympic Boulevard; A sidewalk lnspe" ion of all other areas of thB City ·11 be performed every fourth ye r (i.e., 25% of the City II be i pecied an ually).

I addition to e regular mspec ans desc bed a ove, the City e courages a yone to report deficie cies. Pubtlc Works staff are also I structed o report sidewalk de encles to S et Ma~nte ance Bureau. Reported deficler ·es w111 be addre$$E!' as pa of he Cily's sidewalk re air progra .

One of :he di icul ·es a public agency as is to evaluate and prioritize sidewal repalrs to ba ance needs with limi ed staffing or financial resour,res. ·T e severity o the e eel is I po ant In p orlt1t ln·g repairs. An average vertical displacement between sidewalk abut e ts t at is used o evaluate a 'tJiv1al defect' Is¾ inc . Defician ·es greater than¾. inch wi11 be mitigated by gri di g, patch·ng, mping or removal and rep acem,ent. In some instances, i may be ecessary to ark e defect wi paint to serve as a V1arni • g until more permane t rt itigatio can be perfo ed.

The locafion of the haz.ar is a so importa t. It is important to e iminate atards 1n areas wi ig leve s of pedes ia activty (e . . busi ess o tau ·st acr ity, sc oots , civic bui ld ngs, etc.). This may lea to a de ·sio o itigate a lo :v severity defect o a heavily sed s'dewalk, Sidewalk defec s ident, 1ed dunng insped ion •Nill be addressed as o lined in he table below:

Desert tion of Defect Action
Vertical dlsp ecement ss t an 3/4 nch Doc rt ent defect and reinspect for c a ges le
• _ _ t b& mitigated n t 'JS t1meframe, the defect wl.rl be marked with a consplc11ous color paint to saNo as a warning to the public. The defect will then be mM~ t&d w1t11 n oO clays. 11 B0785-0001\2459693v1.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement in a total amount not to exceed Three Hundred Thousand Dollars ($300,000.00), including all labor, materials, equipment and taxes.

CONTRACTOR shall charge CITY for services rendered at the following rates:

ESTIMATED INSPECTION

TRIP HAZARD REMOVAL BY SAW CUTTING SIDEWALK CUTTING
PRICE CALCULATION METHOD:

The fee paid to CONTRACTOR for removal services shall be $30 per inch-foot for each qualified sidewalk trip hazard identified and removed as listed in the sidewalk inspection report approved by CITY.

Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut (1.8 slope or as noted in Scope of work, Item 10).

Example: If a joint is cut 1” on one side and is tapered to 0” on the other of a full 4” width of the sidewalk, it shall be calculated as follows:
1” + 0” x 4’ = 2 inch-feet @ $ 30 per inch-foot = $ 60.00 2 All invoices must show cut depth, length, width, location, and inch-foot calculations.

COST PER SIDEWALK TOTAL SIDEWALK ESTIMATED MAN DAYS TOTAL SURVEY COST

MILE MILES
$326.00 153 70 $49,878.00
Certificate Of Completion
Envelope Id: D5FA143D55D441C59E5D1DB929C63055 Status: Completed Subject: Please DocuSign: Amendment No. 1 - Precision Concrete Cutting Agreement COUNCIL.pdf Source Envelope:

Document Pages: 11 Signatures: 10 Envelope Originator:

Certificate Pages: 4 Initials: 1 Erendira Jimenez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.188.149
Record Tracking
Status: Original
10/5/2020 2:49:52 PM
Holder: Erendira Jimenez
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Deborah R. Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.235.180
Sent: 10/5/2020 3:14:44 PM
Viewed: 10/5/2020 3:37:00 PM
Signed: 10/5/2020 3:37:21 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.188.139
Sent: 10/5/2020 3:14:44 PM
Viewed: 10/5/2020 3:35:06 PM
Signed: 10/5/2020 3:35:13 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Gary Beneduci
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 66.214.133.237
Sent: 10/5/2020 3:37:23 PM
Resent: 10/5/2020 5:48:09 PM
Viewed: 10/5/2020 5:47:42 PM
Signed: 10/5/2020 5:54:55 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Soo Hoon Wang Beneduci
[email protected]
President
Precision Concrete Cutting
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 66.214.133.237
Sent: 10/5/2020 3:37:23 PM
Viewed: 10/5/2020 3:59:48 PM
Signed: 10/5/2020 3:59:55 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Docu~
■ $f(;il1Hll
Signer Events Signature Timestamp
Robert Sahagun
[email protected]
Street Maintenance Bureau Superintendent
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 107.77.231.227
Signed using mobile
Sent: 10/5/2020 5:54:56 PM
Viewed: 10/5/2020 6:30:13 PM
Signed: 10/5/2020 6:31:09 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Daren Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.175.107.144
Sent: 10/5/2020 6:31:11 PM
Viewed: 10/5/2020 7:03:55 PM
Signed: 10/5/2020 7:04:07 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shana E Epstein
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 23.242.79.84
Sent: 10/5/2020 7:04:10 PM
Viewed: 10/5/2020 9:11:53 PM
Signed: 10/5/2020 9:12:41 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 137.83.117.136
Sent: 10/5/2020 9:12:44 PM
Resent: 10/14/2020 12:28:57 PM
Resent: 10/15/2020 9:29:17 AM
Viewed: 10/16/2020 9:22:11 AM
Signed: 10/16/2020 9:22:23 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.193.132.197
Signed using mobile
Sent: 10/16/2020 9:22:26 AM
Viewed: 10/17/2020 7:59:24 AM
Signed: 10/17/2020 7:59:40 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.90.252.10
Sent: 10/17/2020 7:59:42 AM
Viewed: 10/17/2020 10:37:49 AM
Signed: 10/17/2020 10:38:02 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Signer Events Signature Timestamp
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.227.171
Signed using mobile
Sent: 10/17/2020 10:38:05 AM
Resent: 10/20/2020 9:02:20 AM
Viewed: 10/20/2020 9:16:16 AM
Signed: 10/20/2020 9:16:31 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Erendira Jimenez
[email protected]
Contract Administrative Assistant
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 10/5/2020 9:12:44 PM
Resent: 10/20/2020 9:16:36 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/17/2020 10:38:04 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/17/2020 10:38:04 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jason Lawrence
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/20/2020 9:16:34 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lourdes Sy-Rodriguez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/20/2020 9:16:34 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
COPIED
COPIED
COPIED
COPIED
COPIED
Carbon Copy Events Status Timestamp
Michael Dunn
[email protected]
Records and Archives Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 10/20/2020 9:16:33 AM
Viewed: 10/20/2020 1:36:35 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/20/2020 9:16:34 AM
Certified Delivered Security Checked 10/20/2020 9:16:34 AM Signing Complete Security Checked 10/20/2020 9:16:34 AM Completed Security Checked 10/20/2020 9:16:34 AM
Payment Events Status Timestamps
COPIED
Attachment 3
DocuSign Envelope ID: C8A460D2-062B-46D3-9309-38DA5320D7B0 AGREEMENT NO. 1 411-22 1
AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF

BEVERLY HILLS AND SAFE SIDEWALKS INCORPORATED OBA

PRECISION CONCRETE CUTTING (FORMERLY PRECISION

CONCRETE CUTTING) FOR SIDEWALK SURVEY INSPECTION AND

CONTRACTOR'S E.I.N/TAX I.D. NO.:

CITY'S ADDRESS:

COMMENCEMENT DATE:

TERMINATION DATE:

CONSIDERATION:

B0785-000 I \2684071 v2.doc
5737 Kanan Road, #718
Agoura Hills, CA 91301
Attention: Gary Beneduci, Treasurer
27-0772951
City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
January 13, 2020
June 30, 2021 (original termination date)
June 30, 2022 (as extended pursuant to Section 2
by letter dated June 15, 2021)
June 30, 2023 (as extended pursuant to Section 2
by letter dated May 12, 2022)
Original Agreement:

Not to exceed $ 50,000.00, as more particularly
described in Exhibit B
Amendment No. 1 :

Not to exceed $250,000.00, as more particularly
described in Exhibit B
Amendment No. 2:

Fiscal Year (FY) 21/22 additional not to exceed
$17,787.00;
FY 22/23 not to exceed $560,000.00 as more
particularly described in Exhibit B
Total Notto Exceed $877,787.00, as more
particularly described in Exhibit B
1 DocuSign Envelope ID: C8A460D2-062B-46D3-9309-38DA5320D7B0 AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF

BEVERLY HILLS AND SAFE SIDEWALKS INCORPORATED DBA

PRECISION CONCRETE CUTTING (FORMERLY PRECISION

CONCRETE CUTTING) FOR SIDEWALK SURVEY INSPECTION AND

ON-CALL TRIP HAZARD REMOVAL
This Amendment No. 2 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and Safe Sidewalks Incorporated dba Precision Concrete Cutting (Formerly Precision Concrete Cutting) (hereinafter called "CONTRACTOR") dated December 26, 2019 and identified as Contract No. 675-19, as amended by Amendment No. 1 dated October 13, 2020 and identified as Contract No. 556-20 ("Agreement").

RECITALS
A. CITY entered into a written agreement with CONTRACTOR to provide sidewalk survey inspection and on-call trip hazard removal, which was previously amended.

B. CITY and CONTRACTOR desire to further amend the Agreement to extend the Termination Date, and increase the Consideration to compensate CONTRACTOR for continued services. page.

NOW, THEREFORE, the parties agree as follows:

Section 1.

Section 2.

Section 3.

The CONSIDERATION is hereby amended as set forth on the cover page.

The TERMINATION DATE is hereby amended as set forth on the cover Exhibit B, "SCHEDULE OF PAYMENT AND RATES," shall be amended and restated as attached hereto and incorporated herein.

Section 4. Except as specifically amended by sections 1 and 4 of Amendment No. 1 and this Amendment No. 2, the remaining provisions of the Agreement shall remain in full force and effect.

EXECUTED the 19th day of ____ Ju_ly ___ 20 22 , at Beverly Hills, California. [Signatures on following page.]
2 80785-000 I \2684071 v2.doc
DocuSign Envelope ID: C8A460D2-062B-46D3-9309-38DA5320D7B0 ATTEST:
-~-(}.,_d_~_,.,,)v ___ --,-__ (SEAL)

HUMAAHMED
City Clerk
APPROVED AS TO FORM:
~R..~~,r,
LAURENCE S. WIENER
City Attorney
B0785-000 I \2684071 v2 doc

CITY OF BEVERLY HILLS
A Municipal Corporation

LILI BOSSE
Mayor of the City of Beverly Hills, California
CONTRACTOR: Safe Sidewalk Incorporated dba
Precision Concrete Cutting (Formerly Precision
Concrete Cutting)
SOO
~

HOON WANG BENEDUCI
President
h~~

GARY BENEDUCI
Chief Executive Officer!Treasurer
APPROVED AS TO CONTENT:

GEORGE CHAVEZ
City Manager
$~ 'f,. ysfulA,
SHANA E. EPSTEIN
Director of Public Works
~Yu\, &/vii/'-½

DAREN GRILLEY
,1~
Assistant Director of Public Works/City Engineer
$l.w,-b1A, i' f\°wnM-p Ort-stl

SHARON L'HEUREUX DRESSEL
Risk Manager
3 DocuSign Envelope ID: C8A460O2-062B-46O3-9309-38DA5320O7B0

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
Original and Amendment 1:

CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement in an amount not to exceed Three Hundred Thousand Dollars ($300,000.00).

Amendment 2:CITY shall compensate CONTRACTOR for Fiscal Year 2021/2022, an additional amount not to exceed Seventeen Thousand Seven Hundred Eighty-Seven Dollars ($17,787.00).

CITY shall compensate CONTRACTOR for the performance of services under the Agreement for FY 2022/2023 in an amount not to exceed Five Hundred Sixty Thousand Dollars ($560,000.00).

In no event shall the total amount paid to CONTRACTOR under the Agreement exceed Eight Hundred Seventy-Seven Thousand Seven Hundred Eighty-Seven Dollars ($877,787.00) including labor, materials, equipment and tax at the rates set forth in this Exhibit.

RATESTHROUGHJUNE3~2022:

SIDEWALK INSPECTION
The rate paid to CONTRACTOR for sidewalk inspection services shall be $125.00 per hour for each of the Business Corridor districts requiring an estimated 60 man hours to complete the task.

ESTIMATED INSPECTION

COST PER SIDEWALK TOTAL SIDEWALK ESTIMATED MAN DAYS

MILE MILES
$326.00 153 70

TRIP HAZARD REMOVAL BY SAW CUTTING SIDEWALK CUTTING
PRICE CALCULATION METHOD:

TOTAL SURVEY COST
$49,878.00
The fee paid to CONTRACTOR for removal services shall be $30 per inch-foot for each qualified sidewalk trip hazard identified and removed as listed in the sidewalk inspection report approved by CITY.

Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut (1.8 slope or as noted in Scope of work, Item 10).

This shall include, without limitation, cut depth, length, width, location, and inch-foot calculations. Within thirty (30) days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.
5 80785-000 I \2684071 v2.doc
Certificate Of Completion
Envelope Id: C8A460D2062B46D3930938DA5320D780 Status: Completed Subject: Please DocuSign: Safe Sidewalks Incorporated dba Precision Concrete Cutting Amendment AM2 (675-...

Source Envelope:

Document Pages: 5
Certificate Pages: 3
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 9
Initials: 1
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
6/30/2022 3:14:26 PM
Signer Events
Gary Beneduci
[email protected]
CEO and Treasurer
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sao Hoon Wang Beneduci
[email protected]
Admin Manager
Precision Concrete Cutting
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Holder: Flora Flowers
[email protected]
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 172.222.138.190
Signature Adoption: Drawn on Device
Using IP Address: 172.222.138.190
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.235.180
Envelope Originator:

Flora Flowers
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Location: DocuSign
Timestamp
Sent: 7/5/2022 3:28:10 PM
Viewed: 7/5/2022 4:32:31 PM
Signed: 7/5/2022 4:40:32 PM
Sent: 7/5/2022 3:28:11 PM
Viewed: 7/5/2022 5:41 :52 PM
Signed: 7/5/2022 5:42:06 PM
Sent: 7/5/2022 5:42:09 PM
Viewed: 7/6/2022 3:32:55 PM
Signed: 7/6/2022 3:32:59 PM
Sent: 7/6/2022 3:33:00 PM
Viewed: 7/6/2022 6:08:51 PM
Signed: 7/6/2022 6:09:07 PM
DocuSign·
Signer Events
Daren Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Logan Phillippe
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
George Chavez
[email protected]
City Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lili Bosse
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Signature Adoption: Pre-selected Style
Using IP Address: 47.7.17.163
Signature Adoption: Pre-selected Style
Using IP Address: 76.168.110.145
Signature Adoption: Pre-selected Style
Using IP Address: 76.95.192.176
Signature Adoption: Pre-selected Style
Using IP Address: 166.205.107.46
Signed using mobile
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.154
Signature
Timestamp
Sent: 7/6/2022 6:09:09 PM
Viewed: 7/6/2022 6:09:47 PM
Signed: 7/6/2022 6:09:52 PM
Sent: 7/6/2022 6:09:54 PM
Viewed: 7/6/2022 9:23:29 PM
Signed: 7/6/2022 9:24:24 PM
Sent: 7/6/2022 9:24:26 PM
Viewed: 7/7/2022 8:08:39 AM
Signed: 7/20/2022 7:22:14 AM
Sent: 7/20/2022 7:22:17 AM
Viewed: 7/20/2022 10:20:00 AM
Signed: 7/20/2022 10:20:10 AM
Sent: 7/20/2022 10:20:14 AM
Viewed: 7/20/2022 7:00:04 PM
Signed: 7/20/2022 7:00:11 PM
Sent: 7/20/2022 7:00:13 PM
Resent: 8/2/2022 9:24:26 AM
Viewed: 8/2/2022 10:47:11 AM
Signed: 8/2/2022 10:48:08 AM
Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Dorina Mohan COPIED Sent: 7/20/2022 10:20:12 AM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Adrianne Tarazon COPIED Sent: 7/20/2022 10:20:13 AM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jackie Perez COPIED Sent: 8/2/2022 10:48:09 AM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/5/2022 3:28:11 PM
Certified Delivered Security Checked 8/2/2022 10:47:11 AM Signing Complete Security Checked 8/2/2022 10:48:08 AM
Completed Security Checked 8/2/2022 10:48:09 AM
Payment Events Status Timestamps
Attachment 4
DocuSign Envelope ID: BA8C35O1-5886-4824-8D7A-F0EDD454757C AGREEMENT NO. 1 21a-23 1
AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF

BEVERLY HILLS AND SAFE SIDEWALKS INCORPORATED OBA

PRECISION CONCRETE CUTTING (FORMERLY PRECISION

CONCRETE CUTTING) FOR SIDEWALK SURVEY INSPECTION AND

CONTRACTOR'S E.I.N/TAX I.D. NO.:

CITY'S ADDRESS:

COMMENCEMENT DATE:

TERMINATION DATE:

CONSIDERATION:

B0785-0001 \2809522v2.doc
5737 Kanan Road, #718
Agoura Hills, CA 91301
Attention: Gary Beneduci, Treasurer
27-0772951
City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
January 13, 2020
June 30, 2021 (original termination date)
June 30, 2022 (as extended pursuant to Section 2
by letter dated June 15, 2021)
June 30, 2023 (as extended pursuant to Section 2
by letter dated May 12, 2022)
June 30, 2024 (as extended pursuant to Section 2
by letter dated March 30, 2023)
Original Agreement:

Not to exceed$ 50,000.00, as more particularly
described in Exhibit B
Amendment No. 1:

Not to exceed an additional $250,000.00, as more
particularly described in Exhibit B
Amendment No. 2:

Fiscal Year (FY) 21 /22 an additional not to exceed
$17,787.00;
FY 22/23 not to exceed an additional $560,000.00
as more particularly described in Exhibit B
DocuSign Envelope ID: BA8C35O1-5886-4824-8O7 A-F0EDD454757C B0785-0001 \2809522v2.doc
Amendment No. 3:

Not to exceed an additional $750,000.00, as more
particularly described in Exhibit B
Total Not to Exceed $1,627,787.00, as more
particularly described in Exhibit B
2 DocuSign Envelope ID: BA8C35D1-5886-4824-8D7 A-F0EDD454757C AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF

BEVERLY HILLS AND SAFE SIDEWALKS INCORPORATED OBA

PRECISION CONCRETE CUTTING (FORMERLY PRECISION

CONCRETE CUTTING) FOR SIDEWALK SURVEY INSPECTION AND

ON-CALL TRIP HAZARD REMOVAL
This Amendment No. 3 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and Safe Sidewalks Incorporated dba Precision Concrete Cutting (Formerly Precision Concrete Cutting) (hereinafter called "CONTRACTOR") dated December 26, 2019 and identified as Contract No. 675-19, as amended by Amendment No. 1, dated October 13, 2020 and identified as Contract No. 556-20, as amended by Amendment No. 2, dated July 19, 2022, and identified as Contract No. 4 77-22 ("Agreement").

RECITALS
A. CITY entered into a written agreement with CONTRACTOR to provide sidewalk survey inspection and on-call trip hazard removal, which was previously amended.

B. CITY and CONTRACTOR desire to further amend the Agreement to extend the Termination Date and increase the Consideration to compensate CONTRACTOR for continued services. page.
follows:

NOW, THEREFORE, the parties agree as follows:

Section 1.

Section 2.

Section 3.

The CONSIDERATION is hereby amended as set forth on the cover page.

The TERMINATION DATE is hereby amended as set forth on the cover Section 2, "Time of Performance" shall be amended and restated as "Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above. 3 B0785-0001 \2809522v2.doc
DocuSign Envelope ID: BA8C35D1-5886-4824-8D7A-F0EDD454757C The City Manager or his designee may extend the time of performance in writing for one additional one-year term or such other term not to exceed one year from the date of termination pursuant to the same terms and conditions of this Agreement."
Section 4. Exhibit B, "SCHEDULE OF PAYMENT AND RATES," shall be amended and restated as attached hereto and incorporated herein.

Section 5. Except as specifically amended by previous amendments and this Amendment No. 3, the remaining provisions of the Agreement shall remain in full force and effect.

EXECUTED the _filh_ day of __ ---'J"""'"u"""n..;a..e ___ 2023 , at Beverly Hills, California.

ATTEST:
-"'t'B:ue=' _0, ..... 4-Wh .... k .... l..___ ___ .;) __ (SEAL)

HUMAAHMED
City Clerk
B0785-000 I \2809522v2.doc

CITY OF BEVERLY HILLS
A Municipal Corporation
JULIAN A. GOLD, M.D.

Mayor
CONTRACTOR: Safe Sidewalk Incorporated dba
Precision Concrete Cutting (Formerly Precision
Concrete Cutting)

SOO HOON WANG BENEDUCI
President

GARY BENEDUCI
Chief Executive Officer/Treasurer
[Signatures continue]
4 DocuSign Envelope ID: BA8C35D1-5886-4824-8D7A-F0EDD454757C APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
80785-000 I \2809522v2.doc
APPROVED AS TO CONTENT:

City Manager
$&4M4 £: t:lc/t.itA, SHANAE. EPTEIN
Director of Public Works

DAREN GRILLEY
Assistant Director of Public Works/City Engineer

SHARON L'HEUREUX DRESSEL
Risk Manager
5 DocuSign Envelope ID: BA8C35D1-5886-4824-8D7A-F0EDD454757C

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
Original and Amendment No. 1:

CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement in an amount not to exceed Three Hundred Thousand Dollars ($300,000.00).

Amendment No. 2: CITY shall compensate CONTRACTOR for Fiscal Year 2021/2022, an additional amount not to exceed Seventeen Thousand Seven Hundred Eighty-Seven Dollars ($17,787.00).

CITY shall compensate CONTRACTOR for the performance of services under the Agreement for FY 2022/2023 in an additional amount not to exceed Five Hundred Sixty Thousand Dollars ($560,000.00).

Amendment No. 3: CITY shall compensate CONTRACTOR an additional amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00).

In no event shall the total amount paid to CONTRACTOR under the Agreement exceed One Million Six Hundred Twenty-Seven Thousand Seven Hundred Eighty-Seven Dollars ($1,627,787.00) including labor, materials, equipment and tax at the rates set forth in this Exhibit.

RATES THROUGH JUNE 30, 2022:

ESTIMATED INSPECTION

COST PER SIDEWALK TOTAL SIDEWALK ESTIMATED MAN DAYS

MILE MILES
$326.00 153 70

TRIP HAZARD REMOVAL BY SAW CUTTING SIDEWALK CUTTING
PRICE CALCULATION METHOD:

Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut (1.8 slope or as noted in Scope of work, Item 10).

Example: If a joint is cut 1" on one side and is tapered to O" on the other of a full 4" width of the sidewalk, it shall be calculated as follows:
1" + O" x 4' = 2 inch-feet@$ 30 per inch-foot=$ 60.00
2 6
80785-0001 \2809522v2.doc
DocuSign Envelope ID: BA8C35D1-5886-4824-8O7A-F0EDD454757C RA TES EFFECTIVE JULY 1, 2022:
• SIDEWALK INSPECTION
• SIDEWALK REMOVAL BY CUTTING
RATES EFFECTIVE JULY 1, 2023:
• SIDEWALK INSPECTION
• SIDEWALK REMOVAL BY CUTTING
$137.50/hour
$33.00 per inch foot
$137.50 per hour
$49.00 per inch foot
CONTRACTOR shall submit to CITY a detailed invoice, on a bi-weekly basis for the services performed pursuant to this Agreement with documentation provided and approved by CITY's Project Manager. This shall include, without limitation, cut depth, length, width, location, and inch-foot calculations. Within thirty (30) days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. 7 B0785-000 I \2809522v2.doc
Certificate Of Completion
Envelope Id: BA8C35D1588648248D7 AF0EDD454757C
Subject: Complete with DocuSign: Safe Sidewalks Inc (675-19) Amendment No. 3 Source Envelope:

Document Pages: 7
Certificate Pages: 3
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 9
Initials: 1
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
5/12/2023 7:54:51 AM
Signer Events
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Gary Beneduci
[email protected]
CEO and Treasurer
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Soo Hoon Wang Beneduci
[email protected]
Adrnin Manager
Precision Concrete Cutting
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah R. Hakman for
D [email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Holder: Erin Justus
[email protected]
Signature
Signature Adoption: Pre-selected Style
Using IP Address: 97.90.225.164
Signed using mobile
Signature Adoption: Pre-selected Style
Using IP Address: 172.222.138.190
Signature Adoption: Drawn on Device
Using IP Address: 172.222.138.190
Signature Adoption: Pre-selected Style
Using IP Address: 172.91.169.172
Signed using mobile
Status: Completed
Envelope Originator:

Erin Justus
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Location: DocuSign
Timestamp
DocuSign·
Sent: 5/12/2023 8:12:06 AM
Viewed: 5/15/2023 5:42:01 AM
Signed: 5/15/2023 5:42:07 AM
Sent: 5/15/2023 5:42:09 AM
Viewed: 5/15/2023 10:06:49 AM
Signed: 5/15/2023 10:07:24 AM
Sent: 5/15/2023 5:42:09 AM
Viewed: 5/15/2023 9:42:27 AM
Signed: 5/15/2023 9:43:18 AM
Sent: 5/15/2023 10:07:26 AM
Resent: 5/16/2023 7:34:57 AM
Viewed: 5/16/2023 9:41 :46 AM
Signed: 5/16/2023 9:42:04 AM
Signer Events
Daren Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Assistant City Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Julian A. Gold M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events
Signature
~YU\, <9vill'½
Signature Adoption: Pre-selected Style
Using IP Address: 98.151.143.15
Signed using mobile
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Signature Adoption: Pre-selected Style
Using IP Address: 76.168.110.145
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Signature Adoption: Pre-selected Style
Using IP Address: 104.60.21.238
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.154
Signature
Timestamp
Sent: 5/16/2023 9:42:05 AM
Viewed: 5/16/2023 10:10:03 AM
Signed: 5/16/2023 10:10:30 AM
Sent: 5/16/2023 10: 10:32 AM
Viewed: 5/16/2023 1 :53:17 PM
Signed: 5/16/2023 1 :54:40 PM
Sent: 5/16/2023 1 :54:42 PM
Resent: 6n/2023 8:14:29 AM
Resent: 6/8/2023 10:20:08 AM
Viewed: 6/8/2023 10:27:22 AM
Signed: 6/8/2023 10:28:03 AM
Sent: 6/8/2023 10:28:05 AM
Viewed: 6/8/2023 5:00:13 PM
Signed: 6/8/2023 5:00:24 PM
Sent: 6/8/2023 5:00:29 PM
Viewed: 6/8/2023 5:22:38 PM
Signed: 6/8/2023 5:23:14 PM
Sent: 6/8/2023 5:23:16 PM
Viewed: 6/8/2023 5:48:45 PM
Signed: 6/8/2023 5:48:55 PM
Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Times tamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon COPIED Sent: 6/8/2023 5:00:27 PM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Dorina Mohan COPIED Sent: 6/8/2023 5:00:27 PM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Megan Grilley COPIED Sent: 6/8/2023 5:48:57 PM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/12/2023 8:12:06 AM
Certified Delivered Security Checked 6/8/2023 5:48:45 PM Signing Complete Security Checked 6/8/2023 5:48:55 PM
Completed Security Checked 6/8/2023 5:48:57 PM
Payment Events Status Timestamps
Attachment 5
1 B0785-0001\2861996v2.doc
AMENDMENT NO. 4 TO AN AGREEMENT BETWEEN THE CITY OF

BEVERLY HILLS AND SAFE SIDEWALKS INCORPORATED DBA

PRECISION CONCRETE CUTTING (FORMERLY PRECISION

CONCRETE CUTTING) FOR SIDEWALK SURVEY INSPECTION AND

ON-CALL TRIP HAZARD REMOVAL
NAME OF CONTRACTOR: Safe Sidewalks Incorporated dba Precision Concrete Cutting (Formerly Precision Concrete
Cutting)
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Gary Beneduci, Treasurer CONTRACTOR’S ADDRESS: 5737 Kanan Road, #718
Agoura Hills, CA 91301
Attention: Gary Beneduci, Treasurer
CONTRACTOR’S E.I.N/TAX I.D. NO.: 27-0772951
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: January 13, 2020
TERMINATION DATE: June 30, 2021 (original termination date) June 30, 2022 (as extended pursuant to Section 2
by letter dated June 15, 2021)
June 30, 2023 (as extended pursuant to Section 2
by letter dated May 12, 2022)
June 30, 2024 (as extended pursuant to Section 2
by letter dated March 30, 2023)
CONSIDERATION: Original Agreement:

Not to exceed $ 50,000.00, as more particularly
described in Exhibit B
Amendment No. 1:

Not to exceed $250,000.00, as more particularly
described in Exhibit B
Amendment No. 2:

Fiscal Year (FY) 21/22 additional not to exceed
$17,787.00;
FY 22/23 not to exceed $560,000.00 as more
particularly described in Exhibit B
DocuSign Envelope ID: B62BA123-87AB-4431-AD7F-6B7BF3CE6E8D 2 B0785-0001\2861996v2.doc
Amendment No. 3:

Not to exceed $750,000.00, as more particularly
described in Exhibit B
Amendment No. 4:

Not to exceed $750,000.00, as more particularly
described in Exhibit B
Total Not to Exceed $2,377,787.00, as more
particularly described in Exhibit B
DocuSign Envelope ID: B62BA123-87AB-4431-AD7F-6B7BF3CE6E8D 3 B0785-0001\2861996v2.doc
AMENDMENT NO. 4 TO AN AGREEMENT BETWEEN THE CITY OF

BEVERLY HILLS AND SAFE SIDEWALKS INCORPORATED DBA

PRECISION CONCRETE CUTTING (FORMERLY PRECISION

CONCRETE CUTTING) FOR SIDEWALK SURVEY INSPECTION AND

ON-CALL TRIP HAZARD REMOVAL
This Amendment No. 4 is to that certain Agreement between the City of Beverly Hills (hereinafter called "CITY"), and Safe Sidewalks Incorporated dba Precision Concrete Cutting (Formerly Precision Concrete Cutting) (hereinafter called "CONTRACTOR") dated December 26, 2019 and identified as Contract No. 675-19, as amended by Amendment No. 1, dated October 13, 2020 and identified as Contract No. 556-20, as amended by Amendment No. 2, dated July 19, 2022, and identified as Contract No. 477-22, as amended by Amendment No. 3, dated June 6, 2023, and identified as Contract No. 278-23 (“Agreement”).

RECITALS
A. CITY entered into a written agreement with CONTRACTOR to provide sidewalk survey inspection and on-call trip hazard removal, which was previously amended.

B. CITY and CONTRACTOR desire to further amend the Agreement to increase the Consideration to compensate CONTRACTOR for continued mitigation of defects per CITY Sidewalk and Inspection Repair Policy.

NOW, THEREFORE, the parties agree as follows:

Section 1. The CONSIDERATION is hereby amended as set forth on the cover page.

Section 2. Exhibit B, “SCHEDULE OF PAYMENT AND RATES,” shall be amended and restated as attached hereto and incorporated herein.

Section 3. Except as specifically amended by previous amendments, the remaining provisions of the Agreement shall remain in full force and effect. [SIGNATURES FOLLOW]
DocuSign Envelope ID: B62BA123-87AB-4431-AD7F-6B7BF3CE6E8D 4 B0785-0001\2861996v2.doc
EXECUTED the day of 20___, at Beverly Hills, California.

CITY OF BEVERLY HILLS
A Municipal Corporation
JULIAN A. GOLD, M.D.

Mayor
ATTEST:
__________________________(SEAL)

HUMA AHMED
City Clerk
CONTRACTOR: Safe Sidewalk Incorporated dba
Precision Concrete Cutting (Formerly Precision
Concrete Cutting)

SOO HOON WANG BENEDUCI
President

GARY BENEDUCI
Chief Executive Officer/Treasurer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________ _______________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
_______________________________
SHANA E. EPSTEIN
Director of Public Works

DAREN GRILLEY
Assistant Director of Public Works/City Engineer
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: B62BA123-87AB-4431-AD7F-6B7BF3CE6E8D ~ R.. ~~ fr,
5 B0785-0001\2861996v2.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
Original and Amendment No. 1:

CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement in an amount not to exceed Three Hundred Thousand Dollars ($300,000.00).

Amendment No. 2: CITY shall compensate CONTRACTOR for Fiscal Year 2021/2022, an additional amount not to exceed Seventeen Thousand Seven Hundred Eighty-Seven Dollars ($17,787.00).

CITY shall compensate CONTRACTOR for the performance of services under the Agreement for FY 2022/2023 in an amount not to exceed Five Hundred Sixty Thousand Dollars ($560,000.00).

Amendment No. 3: CITY shall compensate CONTRACTOR an additional amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00).

Amendment No. 4: CITY shall compensate CONTRACTOR an additional amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00).

In no event shall the total amount paid to CONTRACTOR under the Agreement exceed Two Million Three Hundred Seventy-Seven Thousand Seven Hundred Eighty-Seven Dollars ($2,377,787.00), including labor, materials, equipment and tax at the rates set forth in this Exhibit.

RATES THROUGH JUNE 30, 2022:

ESTIMATED INSPECTION

TRIP HAZARD REMOVAL BY SAW CUTTING SIDEWALK CUTTING
PRICE CALCULATION METHOD:

The fee paid to CONTRACTOR for removal services shall be $30 per inch-foot for each qualified sidewalk trip hazard identified and removed as listed in the sidewalk inspection report approved by CITY.

Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut (1.8 slope or as noted in Scope of work, Item 10).

DocuSign Envelope ID: B62BA123-87AB-4431-AD7F-6B7BF3CE6E8D

COST PER SIDEWALK TOT AL SIDEWALK ESTIMATED MAN DAYS TOTAL SURVEY COST

MILE MILES
$326.00 153 70 $49,878.00
6 B0785-0001\2861996v2.doc
Example: If a joint is cut 1” on one side and is tapered to 0” on the other of a full 4” width of the sidewalk, it shall be calculated as follows:
1” + 0” x 4’ = 2 inch-feet @ $ 30 per inch-foot = $ 60.00 2 RATES EFFECTIVE JULY 1, 2022:
 SIDEWALK INSPECTION $137.50/hour
 SIDEWALK REMOVAL BY CUTTING $33.00 per inch foot
RATES EFFECTIVE JULY 1, 2023:
 SIDEWALK INSPECTION $137.50 per hour
 SIDEWALK REMOVAL BY CUTTING $49.00 per inch foot
CONTRACTOR shall submit to CITY a detailed invoice, on a bi-weekly basis for the services performed pursuant to this Agreement with documentation provided and approved by CITY’s Project Manager. This shall include, without limitation, cut depth, length, width, location, and inch-foot calculations. Within thirty (30) days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice.

DocuSign Envelope ID: B62BA123-87AB-4431-AD7F-6B7BF3CE6E8D Certificate Of Completion
Envelope Id: B62BA12387AB4431AD7F6B7BF3CE6E8D Status: Sent Subject: Complete with DocuSign: Safe Sidewalks Incorporated (675-19) Amendment No. 4 Source Envelope:

Document Pages: 6 Signatures: 6 Envelope Originator:

Certificate Pages: 3 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
9/21/2023 1:39:46 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Gary Beneduci
[email protected]
CEO and Treasurer
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 172.222.138.190
Sent: 9/21/2023 1:58:54 PM
Viewed: 9/21/2023 2:05:13 PM
Signed: 9/21/2023 2:05:20 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Soo Hoon Wang Beneduci
[email protected]
Admin Manager
Precision Concrete Cutting
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 172.222.138.190
Sent: 9/21/2023 1:58:55 PM
Viewed: 9/21/2023 2:01:43 PM
Signed: 9/21/2023 2:04:53 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.205.33.116
Signed using mobile
Sent: 9/21/2023 2:05:22 PM
Viewed: 9/21/2023 2:09:05 PM
Signed: 9/21/2023 2:09:16 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.235.180
Sent: 9/21/2023 2:09:18 PM
Viewed: 9/21/2023 2:33:26 PM
Signed: 9/21/2023 2:34:36 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Daren Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.33.63.116
Sent: 9/21/2023 2:34:37 PM
Resent: 9/22/2023 7:51:47 AM
Viewed: 9/24/2023 11:55:10 AM
Signed: 9/24/2023 11:55:16 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 107.77.228.69
Signed using mobile
Sent: 9/24/2023 11:55:18 AM
Viewed: 9/24/2023 2:00:49 PM
Signed: 9/24/2023 2:01:41 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 9/24/2023 2:01:42 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Julian A. Gold
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/21/2023 1:58:55 PM
Payment Events Status Timestamps
Attachment 6
Public Works Engineering Division/Street Maintenance Bureau Sidewalk Inspection and Repair Policy
Effective Date: January 1, 2019
Purpose:

The sidewalk inspection and repair policy is intended to prevent trip and fall incidents due to the deterioration of aging sidewalks, expansion of roots, and ground settlement. Regular inspections of city-owned sidewalks will be used to document and schedule repairs in order to minimize the possibility of injury to residents and visitors to the City.

Policy:

As part of the overall risk management program of the City, the Public Works Department shall conduct regular inspections of sidewalks to ensure pedestrian safety. Defects will be documented and repaired according to the procedures described herein.

Procedures:

The Public Works Department will perform an annual inspection of sidewalks in the commercial corridors listed below:
 Business “Triangle”: Area bounded by Santa Monica Boulevard, Wilshire Boulevard, and North Crescent Drive;
 South Beverly Corridor: South Beverly Drive from Wilshire Boulevard to the City Limit;  Robertson Boulevard Corridor: Robertson Boulevard from Burton Way to Olympic Boulevard; A sidewalk inspection of all other areas of the City will be performed every fourth year (i.e., 25% of the City will be inspected annually).

In addition to the regular inspections described above, the City encourages anyone to report deficiencies. Public Works staff are also instructed to report sidewalk deficiencies to the Street Maintenance Bureau. Reported deficiencies will be addressed as part of the City’s sidewalk repair program.

One of the difficulties a public agency has is to evaluate and prioritize sidewalk repairs to balance needs with limited staffing or financial resources. The severity of the defect is important in prioritizing repairs. An average vertical displacement between sidewalk abutments that is used to evaluate a “trivial defect” is ¾ inch. Deficiencies greater than ¾ inch will be mitigated by grinding, patching, ramping or removal and replacement. In some instances, it may be necessary to mark the defect with paint to serve as a warning until more permanent mitigation can be performed.

The location of the hazard is also important. It is important to eliminate hazards in areas with high levels of pedestrian activty (e.g., business or tourist activity, schools, civic buildings, etc.). This may lead to a decision to mitigate a low severity defect on a heavily used sidewalk.

Sidewalk defects identified during inspections will be addressed as outlined in the table below:

Description of Defect Action
Vertical displacement less than 3/4 inch Document defect and reinspect for changes according to regular schedule
Vertical displacement is between 3/4 inch and 1 inch Mitigate within 7 days* Cracks or holes greater than 1/2 inch horizontally and
1/2 inch deep
Mitigate within 7 days*
Vertical displacement is greater than 1 inch Mitigate within 72 hours * If the defect cannot be mitigated in this timeframe, the defect will be marked with a conspicuous color paint to serve as a warning to the public. The defect will then be mitigated within 60 days.

Attachment 7
IKPN]

KEYSTONE

PURCHASING

NETWORK
KPN BID FORM B: ACCEPTANCE OF BID AND CONTRACT AWARD
KPN 202201-04 Trip Hazartl Removal
Precision Concrete Cutting
NAME OF BIDDER _________________________ _
INSTRUCTIONS: PART I of'this form is to be completed by the Bidder and signed by the Authorized Representative.

PART II will be completed by the Bid Issuer, KPN, only upon the occasion of the bid award. Label the scanned PDF version of the signed document with Your Company Name- ACCEPTANCE and upload to the KPN bidding website labeli ng the file KPN Bid Form 8- Company Name - Acceptance of Bid Contract Award.

PART I: BIDDER
In compliance with the Invitation r-or Bid (IFB), the undersigned warrants that I/we have exami ned the Instructions to Bidders, and, being familiar with all of the conditions surrounding the proposed projects, hereby offer and agree to furnish all labor, materials, and supplies incurred in compliance with all terms, conditions, specifications and amendments in the IFB and any written exceptions to the bid. Signature also certities understanding and compliance with the certification requirements of the Agency Terms and Conditions and the Special Terms and Conditions. The undersigned understands that his/her competence and responsibility and that of his proposed subcontractors, time of completion, as well as other factors of interest to KPN as stated in the evaluation section, will be a consideration in making the award.

C N Precision Concrete Cutting Date 1/12/2022 ompany ame _________________ _ _____ ______ _ 3191 N Canyon Rd Provo UT 84604
Company Address City_,..._ _____ State _ _ Zip ___ _
Matthew Haney President
Contact Person ___________ -b~~r--:,,_---+- Title ____________ _ President
Title -------------
PART II: AWARDING AGENCY
Your bid for contracting services is hereby accepted. As contractor/supplier, you are now bound to sell the materials and services listed by the attached bid based upon the solicitation, including all terms, conditions, specifications, amendments as set forth in the I FB. As contractor, you are hereby cautioned not to commence any billable work or provide any material or service under this contract until an executed purchase order is received from the agency. The parties intend this contract to constitute the final and complete agreement between the agency and contractor, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall bind any of the parties hereto. No change or moditication of this contract shall be valid unless it shall be in writing and signed by both parties to this contract. If any provision of this contract is deemed in val id or i I legal by any appropriate court of law, the remainder of this contract shall not be affected thereby. The term of the contract shall commence upon award and continue unti I February 28, 2023 unless terminated, canceled or extended. By mutual written agreement as warranted, the contract may be extended for five (5) additional one-year terms; 2024, 2025, 2026, 2027 and 2028.

Awarding Agency Central Susquehanna Intermediate Unit d/b/a The Keystone Purchasing Network ,, Dr. John Kurelja, Executive Director Agency Executive ..J!!ll!!'--___.,£./1',L/L~-~1,o,.,,~:,.:·1 _ _______________ ____ _ Contract Number 202201-04
Attachment 8
Precision Concrete Cutting
CONTRACT #: KPN-202201-04
COMMODITY: Trip Hazard Removal
EXECUTIVE SUMMARY:

KPN Purchasing Program: KPN National Bids
KPN Membership Classification Eligible to Use Contract: All states Year of Award: 2022
Term of Contract:
 Initial Contract: March 1, 2022 – February 28, 2023
 Extension: Valid through February 28, 2024 (Approved by CSIU Board on 12/21/2022)  Extension:
 Extension:
 Extension:
 Extension:

Type of solicitation: IFB
Bid/RFP#: KPN-202201-04
Bid published/archived at: https://kpn.ionwave.net
Advertising history: Date Publication
December 14, 2021 Sunbury Daily Item, Milton Standard, Harrisburg December 21, 2021 Patriot, Baltimore Sun, Albany Times, Trenton Times, December 28, 2021 Seattle Times, Arizona Republic and USA Today.

Bid Deadline: January 14, 2022 Bid Opening: January 17, 2022 Bid Award Approved: February 16, 2022
This bid was solicited by the Central Susquehanna Intermediate Unit d/b/a the Keystone Purchasing Network (KPN). All contract awards and bid extensions are approved by action of the CSIU Board of Directors at the monthly meeting following the selection process (contract award) or preceding the term of the extension.

Members requiring additional documentation should contact (888) 490-3182, 8 a.m. – 4 p.m. Eastern Time, weekdays except for holidays, or email [email protected].

IKPN]

KEYSTONE

PURCHASING

Beverly Hills City CouncilOctober 3, 2023

Beverly Hills City Council
October 3, 2023