Cities Index.
Item D-8 Agenda Report

Beverly Hills City Council
July 15, 2025

Document
Item D-8 Agenda Report
Meeting
July 15, 2025
Body
Beverly Hills City Council
Pages
3
Original file
15.6 MB
Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.

AGENDA REPORT
Meeting Date: July 15, 2025
Item Number:

To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Robert Sahagun, Street Services Bureau Manager
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

SAFE SIDEWALKS INCORPORATED DBA PRECISION

CONCRETE CUTTING FOR SIDEWALK SURVEY INSPECTION
AND ON-CALL TRIP HAZARD REMOVAL; AND
APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR 2025-
26 IN THE NOT-TO-EXCEED AMOUNT OF $1,000,000
Attachments: 1. Agreement

2. Public Works Sidewalk Inspection and Repair Policy

3. Keystone Purchasing Network (KPN) Bid No. 202201-04

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

RECOMMENDATION
Staff recommends City Council waive the bidding requirements, as the City is utilizing the Keystone Purchasing Network cooperative purchasing program, and approve an agreement with Safe Sidewalks, Inc. DBA Precision Concrete Cutting, for sidewalk survey inspection and on-call trip hazard removal services within the City of Beverly Hills and approve a purchase order for Fiscal Year 2025-26 for a total not-to-exceed amount of $1,000,000.

INTRODUCTION
The City's previous agreement with Safe Sidewalks, Inc. DBA Precision Concrete Cutting (PCC) for sidewalk survey inspection and on-call trip hazard removal services concluded on June 30, 2025, after successfully serving the City since December 2019.

Through five amendments totaling $3,377,787, this partnership has demonstrated exceptional value in maintaining sidewalk safety while generating significant cost savings for the City. The proposed three-year agreement (one year, with two optional one-year extensions) would continue these essential sidewalk safety services and maintain the City's commitment to pedestrian safety and accessibility (Attachment 1).

BEVERL
HILLS
Meeting Date: July 15, 2025

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DISCUSSION
Sidewalk Safety Policy Framework
The Public Works Department's Sidewalk Inspection and Repair Policy (Attachment 2) is the foundation for the City's current sidewalk maintenance program. The policy's primary objective is to minimize trip and fall incidents by implementing standardized procedures and inspection frequencies throughout the City's nearly 220 linear miles of sidewalk infrastructure. The policy addresses the primary factors contributing to sidewalk hazards, including aging sidewalk deterioration, tree root expansion, and ground settlement, which are common issues in mature urban environments like Beverly Hills.

As part of the City’s overall risk management program, the policy establishes different inspection schedules based on pedestrian traffic and commercial activity levels. Annual inspections are required in the Business Triangle, South Beverly Drive Corridor, and Robertson Boulevard Corridor due to their high pedestrian volumes. All other locations are scheduled for inspection every four years, ensuring systematic coverage of the entire sidewalk network while prioritizing resources where they are most needed.

Performance and Cost Effectiveness
Over the past five and a half years, PCC completed the first ever citywide sidewalk condition survey and identified 36,687 defects throughout the City's sidewalk network.

One-half of these identified hazards were addressed using PCC's proprietary method of horizontal saw cutting, which provides a fast and cost-effective alternative to traditional sidewalk removal and replacement. In total, PCC has successfully addressed vertical displacements spanning approximately 700,000 square feet of sidewalk.

PCC's specialized saw cutting method has resulted in substantial cost savings for the City. Repairing 700,000 square feet of sidewalk using traditional removal and replacement would have cost approximately $21,000,000 (at $30 per square foot).

Instead, PCC completed these repairs for $3,377,787, saving the City nearly $18,000,000.

The recommended annual allocation will support the continuation of citywide condition surveys and hazard mitigation repairs in accordance with the established Public Works Department Sidewalk Inspection and Repair Policy.

Comprehensive Hazard Assessment and Remediation Strategy Through systematic evaluation of the City's entire sidewalk network, which began in January 2020, PCC identified 36,687 sidewalk defects. Of these, approximately 18,559 have been mitigated using PCC's proprietary horizontal saw cutting method. The remaining 18,128 defects fall into several distinct categories requiring different remediation approaches:
 Trivial Defects: 14,485 vertical displacements measuring less than three-quarters of an inch require documentation and reinspection per the established inspection schedule. These displacements are monitored for progression but do not currently warrant immediate repair.
 Spalls: 3,024 spalls require traditional removal and replacement methods due to concrete deterioration that cannot be addressed by saw cutting.  Replace: 619 locations have either been previously treated multiple times and have insufficient remaining sidewalk material or exceed the cutting threshold (typically greater than 2 inches), necessitating traditional removal and replacement.

Meeting Date: July 15, 2025

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The defects categorized as Spalls and Replace require significant staff time and resources for temporary treatments such as ramping with asphalt or cement mortar or conspicuous marking. Many of the Replace locations are near trees, likely due to root expansion, and require additional review by the City Arborist to ensure permanent sidewalk repairs do not compromise tree health.

These two categories (Spalls and Replace) encompass approximately 32,000 square feet of sidewalk that requires traditional removal and replacement. The Public Works Department uses City staff and contractors to address these larger scale repairs.

The City has also allocated funding in the FY 25-26 and FY 26-27 Capital Improvement Project Budget (CIP No. 00195) to address a significant portion of these repairs through the formal bidding process. This ensures that while PCC continues addressing appropriate hazards, the City simultaneously implements parallel programs for larger and more complex repairs.

Procurement Compliance
Beverly Hills Municipal Code Section 3-3-205 allows for alternative purchasing procedures from standard bidding procedures when utilizing cooperative agreements involving federal or state governments, or any political subdivisions that have already conducted competitive bidding on the required items or services. This exemption facilitates reduced administrative costs for the City while ensuring efficiency and adherence to the Beverly Hills Municipal Code's public bidding process requirements.

The proposed agreement would utilize the Keystone Purchasing Network (KPN), which serves over 50,000 governmental agencies nationwide (Bid #KPN 202201-04, Attachment 3). KPN has maintained an active agreement with PCC since 2016 with annual renewals ensuring current pricing and terms. The current agreement commenced on March 22, 2022, and provides the pricing structure referenced in this proposed agreement (Attachment 4). This cooperative purchasing approach allows the City to leverage the collective buying power of thousands of agencies while ensuring competitive pricing and compliance with public procurement requirements.

FISCAL IMPACT
Funds are available for this Agreement in the Street and Sidewalk Improvement Capital Improvement Project account (CIP No. 00195).

Shana Epstein,
Director of Public Works
Approved By
Attachment 1
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

SAFE SIDEWALKS INCORPORATED DBA 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, CEO CONTRACTOR’S ADDRESS: 5737 Kanan Road, #718
Agoura Hills, CA 91301
Attention: Gary Beneduci, CEO
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: July 15, 2025
TERMINATION DATE: June 30, 2026, unless extended pursuant to Section 2
CONSIDERATION: Not to exceed per CITY Fiscal Year (FY):

FY 2025-26: $1,000,000
FY 2026-27, if extended: $1,000,000
FY 2027-28, if extended: $1,000,000
Total Not to Exceed: $3,000,000,
as described in Exhibit B
Docusign Envelope ID: 47AFCBF7-2580-4813-AA78-B12DFABB359D 2 B0785-0001\3122887v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

SAFE SIDEWALKS INCORPORATED DBA 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 Safe Sidewalks Incorporated dba 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 her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years 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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(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 the City Manager. 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 her 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.

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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 CITY’s Risk Manager 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 CITY’s Risk Manager 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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(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 under this section shall survive termination or expiration of the Agreement.
(c) Notwithstanding the above, CONTRACTOR shall not be responsible for trip hazards that exist prior to the commencement of the remediation and repair work or 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 Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

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CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 18. 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 19. 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 20. 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 21. 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 22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any discrepancy between Docusign Envelope ID: 47AFCBF7-2580-4813-AA78-B12DFABB359D 7 B0785-0001\3122887v2.doc
the express or implied subject matters of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 25. 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 day of 20___, at Beverly Hills,
California.

CITY OF BEVERLY HILLS
A Municipal Corporation

SHARONA R. NAZARIAN, PsyD
Mayor
ATTEST:
__________________________(SEAL)

HUMA AHMED
City Clerk
CONTRACTOR: Safe Sidewalks
Incorporated dba Precision Concrete
Cutting

SOO HOON WANG BENEDUCI
Secretary

GARY BENEDUCI
Chief Executive Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________ _______________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
[Signatures continue]
Docusign Envelope ID: 47AFCBF7-2580-4813-AA78-B12DFABB359D 8 B0785-0001\3122887v2.doc
_______________________________
SHANA E. EPSTEIN
Director of Public Works

DAREN GRILLEY
Assistant Director of Public Works/City
Engineer

SHARON L’HEUREUX DRESSEL
Risk Manager

ANTHONY RODSTEIN
Purchasing Services Manager
Docusign Envelope ID: 47AFCBF7-2580-4813-AA78-B12DFABB359D hr Grll, [or
9 B0785-0001\3122887v2.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
Under the direction of the City Architect or his designee, CONTRACTOR shall inspect Project Area as defined in this Exhibit A 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 1 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.

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 to CONTRACTOR.

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

3. CONTRACTOR shall use current CITY standards as described in this Exhibit A in determining tripping hazards. These hazards shall include, but are not limited to, the following:
a. Differential displacement between sidewalk sections – above ¼ inch to ¾ 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.
d. Deteriorated joints that have an eroded condition and are ½ inch wide or greater.

CONTRACTOR shall record location of damaged sections in a GPS device.

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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. 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. 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.

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).

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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 inchfeet 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 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. 10. 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 rainwater or irrigation.

11. 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.

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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.

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

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

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

15. 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.

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) to be approved by CITY’s Public Works Director or her designee in writing before any work, billing, or demand for payment will be initiated.

Each IPO shall contain an estimated cost for the services along with a not-to-exceed amount which shall include all labor, materials and expenses. If the Scope of Work changes or the cost of the engagement will exceed the not-to-exceed amount, then CONTRACTOR shall obtain the prior written permission for an amendment to the IPO.

II. INFECTIOUS DISEASE
A. CONTRACTOR shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.

B. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

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C. CONTRACTOR shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.

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

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D
R

VIRGINIA PL

DANIELS DR

S CAMDEN
DR
S
P
E
C
K
D
R

S RODEO DR

SMITHWOOD
DR

S BEVERLY DR
S
C
A
N
O
N
D
R
S
C
R
E
S
C
E
N
T
D
R
S
ELM
D
R
S
R
E
XFO
R
D
D
R
S
M
A
PLE
D
R
S
PALM
D
R

WHITWORTH DR

S SHIRLEY PL

OLYMPIC BLVD

OLYMPIC BLVD OLYMPIC BLVD
S
W
E
T
H
E
RLY
D
R
S
R
O
B
E
R
T
S
O
N
BLV
D

YOUNG DR

MORENO DR
R
O
X
B
U
RY
D
R
B
E
DFO
R
D
D
R

GREGORY WAY
S
D
O
H
E
N
Y
D
R
S
ALM
O
N
T
D
R

GREGORY WAY
S LA
P
E
E
R
D
R
S
S
WALL D
R
S
CLA
R
K
D
R

GREGORY WY
T
O
W
E
R
D
R

ROBBINS D
D
R

URANT DR
LA
S
K
Y
D
R
S LIN
D
E
N
D
R
S
S
PALDIN
G
D
R
S
M
C
C
A
R
T
Y
D
R
S
R
O
X
B
U
R
Y
D
R
S
B
E
DFO
R
D
D
R
S
C
A
M
D
E
N
D
R
S
P
E
C
K
D
R
S
R
O
D
E
O
D
R
S
B
E
V
E
RLY
D
R
S
EL C
A
MIN
O
D
R
S
R
E
E
V
E
S
D
R
S
C
A
N
O
N
D
R
S
C
R
E
S
C
E
N
T
D
R
S
ELM
D
R
S
R
E
XFO
R
D
D
R
S
M
A
PLE
D
R
S
PALM
D
R

S OAKHURST DR
S
D
O
H
E
N
Y
D
R
S
W
E
T
H
E
RLY
D
R
S
ALM
O
N
T
D
R
S LA
P
E
E
R
D
R
S
S
WALL D
R
S
R
O
B
E
R
T
S
O
N
BLV
D
S
CLA
R
K
D
R
S
A
R
N
A
Z
D
R
S
WILLA
M
A
N
D
R
S
H
A
M
EL D
R
S
S
TA
NLE
Y
D
R
S
C
A
R
S
O
N
R
D
S LE
D
O
U
X
R
D
S LA
C
EI N
E
G
A
BLV
D
S
H
A
MILT
O
N
D
R
S
G
ALE
D
R

CHARLEVILLE BLVD
N
WILLA
M
A
N
D
R
N
S
TA
NLE
Y
D
R
N
G
ALE
D
R
N
H
A
MILT
O
N
D
R

WHITTIER DR

TRENTON
DR

WILSHIRE BLVD

SANTA MONICA BLVD (NORTH)

N BEDFORD DR

N ROXBURY DR

BRIGHTON WY

N CAMDEN DR

DAYTON WY

WILSHIRE BLVD
N
R
O
B
E
R
T
S
O
N
BLV
D
N
A
R
N
A
Z
D
R
N
H
A
M
EL D
R
N
C
A
R
S
O
N
R
D
N LA
C
EI N
E
G
A
BLV
D
N LE
D
O
U
X
R
D
SAN

VICENTE
BLVD

WALDEN DR

N LINDEN DR

N ROXBURY DR

SANTA MONICA BLVD (SOUTH)

N RODEO DR

N BEVERLY DR

N CANON DR
F

N ELM DR
O
O
T
HILL R
D
N
M
A
PLE
D
R

CLIFTON WY
N
O
A
K
H
U
R
S
T
D
R
N
PALM
D
R

DAYTON WY
N
W
E
T
H
E
RLY
D
R
N
ALM
O
N
T
D
R
N LA
P
E
E
R
D
R
N
S
WALL D
R
N
CLA
R
K
D
R

WALDEN DR

WHITTIER
DR

N BEDFORD DR

PARK WY

N CRESCENT DR
CIVIC

N REXFORD DR
N
ALPIN
E
D
R

N CAMDEN DR

N RODEO DR

N BEVERLY DR

CARMELITA AVE

CENTER DR

CIVIC CENTER DR
FO
O
T
HILL R
D

W THIRD ST
N
M
A
PLE
D
R
N
O
A
K
H
U
R
S
T
D
R

COPLEY DR
COPLEY
PL

GREENWAY
D R

ELEVADO AVE

N CANON DR
N

REXFORD
DR
C
O
M
M
E
R
C
AI L C
E
N
T
E
R
S
T

ALDEN DR

BEVERLY BLVD

WHITTIER
DR
SUNSET
BLVD

S U N S E T

B L V D

LOMITAS AVE

N CRESCENT DR
N
ALPINE
DR

CIVIC CENTER DR

SANTA MONICA BLVD (NORTH)

ROXBURY DR
N

FOOTHILL
RD
N
ELM
DR
N
MAPLE
DR

HANOVER DR

RIDGEDALE DR

HARTFOR D WY

LEXINGTON RD

GLEN W Y
OXF
O
R
D
WY
N
B
EVE
RLY
DR
N

HILLCREST
RD
N
PALM
DR
N
ARD
E
N
D
R

N OAKHURST DR
N
D
O
H
E
N
Y
D
R
DR
BRIDLE
LN

RIDGEDALE CHE V Y

ANGELO DR

SUMMIT DR

CHASE DR

PAMELA DR

ELDEN WY
N
REXFO
RD
D
R
N
ALTA
D
R
N
SIE
R
RA
D
R

BENEDICT CANYON DR
G
REEN

ACRES DR

TROPICAL AVE

AMBASSADOR AVE
DELLA
DR
COVE
WY
YN
CAROL
WY

LAUREL WY

WOODLAND
D
R

FOOTHILL
RD

LEONA DR
TOWER
RD
SUMMIT
DR

MARILYN DR

GARDEN LN
LYN
CARO
WY
CHAN
LAU

RUSS PL
REL
LN
ALPINE
DR

FOOTHILL RD

MOUNTAIN DR

DOH ENY RD

MONTE LEON
DR

MONTE LEON LN
N

HILLCREST RD

SIERRA PL
N

ALTA DR

SIERRA DR

CINTHIA ST

PICKFAIR
WY
SAN
YSIDRO
DR
SUMMIT
PINE
DR

LAUREL WY

SUNNYVALE WY
DR

SH ADOW HILL WY

N BEVERLY
D
R
SUTTON

LA ALTURA
RD
EL RE
TIRO
WY

SCHUYLER
RD

STONEWOOD DR
CORD
CIR

ROBERT LN

SAN Y SIDRO D R
S
U
M

M ITRIDGE PL
S
U
M
M I T
D R

ST EVEN

SH ADOW HILL
WY
WY
WY
LOMA
LINDA
COLDWATER CAÑON
BRIDLE
PATH

CALLE VISTA D R
COLDWATER CAÑON
DR

DRURY LN
LA
G
O
V
SI TA
PL
DR

MIRADERO
LAGO
L A
G
O

V I S T A
VISTA
D
R

LINDA C REST
C
A
RLA LN

HILLCREST RD
D
R
M

ONTE CIELO
D
R
C

ARLA RIDGE
DABNEY

WALLACE
LN
RIDGE
N

HILLCREST RD

MONTE CIELO CT
USHER

CHRIS PL
T
R

O U S D A L E
PL
P
L
P L

MAYTOR PL

BARRIE DR

LESLIE LN

H A Y N E S
A V

A L E X I S

M A R T I N
L N

A R K E L L D R

VICK PL

L O M A V I S T A
D
R

WILLIAMS LN

BURK PL
COLE P
EN
L

DRINO PL

C A R L A

R I D G E
C

H A L E T T E
D R

EVELYN PL

LOMA VISTA DR

CLINTON PL

CASTLE PL

WALKE R
DR

LOMA VISTA DR
546
540
539 534 533
545
558
485
489
493
481
477
522
498
499
497
499
497
528
502
521
506
509
527
517
496
510
514
488
505
513
501
518
9809
1225
9801
1259
1249
1271
9804
1243
9808
1253
1265
9800
1266
9805
1256
1264
1276
1270
437
463
476
436
439 448 443
468
444
433
429
451
467
480
459
455
432
475
443 452
472
440
471
456
492
493
494
496 491
483
460
479
472
464
486
480
484 1219
1215
495
487
476
468
46 455
470
454
474
470
454
475
471
474
459
447
450 450
463
458
467 468
458
446
455 451 450
461
474 469 474
475
466
455
446
462 457
478
447
471
475
463
451
454
479
447
459 458
467
9570
470 465
479
446
466
478
458
451
471
463
447
446
451 454
470
459
443
459
475
447
455
470
450
473
456
462
467 474
455
467
451
462
454
474
471
463
447
459
475
470
455
466
478
454
458
450
446 436
470
462
466
474
501
470
438
442
446
450
440
502
448
465 456
449
457
445
441
461
9437
452
444
454
443
451
438
450
439
463
443
462
451
447
459 459
447 446
458
455 455
442
463
439
443
454
439
447
463
451 450
458
454
458 459
442
455
443
450
446
455
445
442
462
451
438
459
463
438 439
9255
458
446
439
447
458 459
450
438 438
455
442
454
451
443
455
443 446
450
459
451
439
442
9221 9201 462 463
450 457
441
458
437 433
444
436
438
469
450 445
446 440
428
442 437
454
449
445
461
432
456
429
462 457
449 448
453 452
453
441
465
450 451
462
450
455
470
466
458 459
454
463
447
474 475
466
446
474
446
471
467
443
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470
446
471 470
447 446
451
470
459
467
450 450
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455
463
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462
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443
462
454
474
471
475 474 475
442
463
447
454
451
455
466
458
467 466
463
459
475
471
458
455
443
462
454
455
438
463
446
443
451
475 474 493
485 470
457
469
447
450
447
442
439
467
489
466
425
415
421
405
401
9850 9860
407 404 408
415 420
416
412
426
404
350 349
9840 9800 9750
9741
407
4158
350
9830
975979749 355
345 344 345
350
344
9725 9709 96839675
440 439 438
401
423
435
442
446
419
431
434
443
430
426
430
427
434
422 422
442
426
418 416
344 345 344
9620
96419633
9660 9648 9626
96579649 96259619
9654 9642
9626
9667
345 344
434
345
435
401
431
423 423
442
431
443
439
443
430
426 427
422
435
427
419
438
419
439
418
353 351
96149600 95889576 9562
95959587 9561
9608 9594 9582
9609 9579 355
420
431
419
401
427
434
423
438
426 426
417
439 438 439
422
442 442 443
430
434
430
427
435
422 423
431
418
435
350
344 345
355
344 345
9556 95289520 9500
9545 9517 9507395 353917
95509544
9553 9501
431
439
419
435
423 420
443
427
418
442
422
438
424
426
430
432
434
422
417
405
344
9478
9467
9460 9430
428
434
361
357
353
432
418
360
356
422
352
426
353
360
356
352
424
400
433
421
414
420
410
425
9378
9401
9400
9379
9384
9441
9425 9415
434
353
9419 9407
361
434 435
370
419
357 356 357
360 361
363
427 427
435
430
353
422
426
423
352
431 431
419
423
418
9324
9367 934993439337
9366 9354 9336
9373 9355 370
9370 9360 93489342 9330
423
431
434 435
426
361
356 357 356
352 355
357
360 360
352 353
430
418 418
422 423
434
419
426
435
427
419
431
422
9318
931993079301 9231
9300 9248 9230
423
9313
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419
431
361
430
427 427
422
419
361
434 435
430 433
434
426
360
418
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426
418
356
360
422 423
352
357
423
356 357
352 353 353
9134
9201 9135
92069200
9215 9153
92249212 9158
9221
4286
9225
361
367
352
357
422
353
430 420 425
360
418
429 434
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364
402
417
423
424
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413
425
416
401 408
356
415
357
412
360
356
361
353 352
9101 9121
9120
9031
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9045
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363
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402
433
417
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418
349
438
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352
360
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348
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422 422
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430
438 439
435
427 430
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360
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90249018
8955
9000 8950
9001
434
431
426 426
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439
419
438
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357
353 352
349 348
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353
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360
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352
360
356 357
348
419
8909
8924
8857
8912
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88568850
8931 8925
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422
430
438
422
439
430
427 427
8920 8844
8937 8901 8853
8906
437
401
348
352
383
419
357
369
361
353
427
435 434
430
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391
373
418
360
356
419
377
349
8845 88258817
8840
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426
423
431
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241
281 274
268
285
273
309
269
308
300
265
304
333
344 345
340 341
301
337
330
315
305
318
312
329
265
336
321
317
325
320
324
270664 9749
2997531 28
268
272 277 272
285
272 277
268
277
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268
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317
320 321
312
317
325
308
315
316
309
337
329
333 332
328
325
313
336
324
329
265
320
316
308
305
301
340 340
336
332
262
333
300
264
304
341
337
328
305
265
304
324
309
301
341
300
321
312
324 325
332
329
336
333
340
328
332
300
309
320
316
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305
301
264
336
317
300
312
304
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315
308
328
320
337
321
316
341
312
304
324
267 264 264
337
341
313
333
336
300
325
316
301
333
328
320
315
341
321
324
329
312
337
329
321
340
332
325
317
309
317
309
305 305
308
301
304
265 265
324
315
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328 328
320 320
313
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340
336
332
316
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317
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304 304
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332
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300 300
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314
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300
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320
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345
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300
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317
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322 321
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300 301
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272 272
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335
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308
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321 320
317
328 328
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272
316
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316
315
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300
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332 341
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320
319
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336
333
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321
308 309
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317
347
295
328 337
325
316
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355
305
272
304 301
325
235
8400
238
235 234
238
236
240 8365
234 236
152
9975
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9973
9945
9937
9950
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9929
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9936
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9955
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9930 9960
9961 9970 9961
9966
9940
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9925
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9932
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9966
9956
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255
223 9933 9920
9917
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9915
9928
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9932
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9916 9905
9939
9937 9952 9941
9953
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9940 247351
290
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9924
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9924
9912
9921
9909
9925
9949
9929
9945
9944
213
209
225
248
211
236 236
260
224
237 237
261
256
232
228
216
228
220 220
229
212
232
216
224
233 233
221
212
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Legend

LAFCO CITY BOUNDARY

CBH PARCELS

MAINTENANCE DISTRICTS
01 02
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17 18
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21 ATTACHMENT 1 TO EXHIBIT A 14
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15 B0785-0001\3122887v2.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 One Million Dollars ($1,000,000) for each of the following CITY Fiscal Years: CITY Fiscal Year 2025-26, and, if extended, CITY Fiscal Year 2026- 27 and CITY Fiscal Year 2027-28. The total fee under this Agreement shall not exceed Three Million Dollars ($3,000,000), including all labor, materials, equipment, and taxes at the rates set forth in this Exhibit which are determined by Keystone Purchasing Network Contract #KPN202201-04.  SIDEWALK ASSESSMENT $420.00 per lineal mile
 SIDEWALK REMOVAL BY CUTTING $63.80 per inch foot
.

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.

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

The fee paid to CONTRACTOR for removal services shall be $63.80 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 9).

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 @ $63.80 per inch-foot = $127.60 2 All invoices must show cut depth, length, width, location, and inch-foot calculations.

CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. 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. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.

Docusign Envelope ID: 47AFCBF7-2580-4813-AA78-B12DFABB359D 16 B0785-0001\3122887v2.doc

EXHIBIT C

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

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is 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 may 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.

Docusign Envelope ID: 47AFCBF7-2580-4813-AA78-B12DFABB359D 17 B0785-0001\3122887v2.doc

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 Department 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.

Section 8. 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 Docusign Envelope ID: 47AFCBF7-2580-4813-AA78-B12DFABB359D 18 B0785-0001\3122887v2.doc
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.

Section 12. 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.

Docusign Envelope ID: 47AFCBF7-2580-4813-AA78-B12DFABB359D Certificate Of Completion
Envelope Id: 47AFCBF7-2580-4813-AA78-B12DFABB359D Status: Sent Subject: Complete with Docusign: Safe Sidewalks Incorporated dba Precision Concrete Cutting - Sidewalk Survey Source Envelope:

Document Pages: 18 Signatures: 7 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
6/26/2025 11:23:28 AM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Gary BENEDUCI
[email protected]
CEO and Treasurer
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Soo Hoon Wang Beneduci
[email protected]
Admin Manager
Precision Concrete Cutting
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(None)
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2600:1700:b2b:f200:45d0:abab:ec5b:9e4
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Deborah R. Hakman
[email protected]
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Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
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? docusign
{ Ben6vu0
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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Daren Grilley
[email protected]
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Signed using mobile
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Daren Grilley for
[email protected]
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Not Offered via Docusign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 7/1/2025 9:47:13 AM
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Nancy Hunt-Coffey
[email protected]
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(None)
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Sharona R. Nazarian
[email protected]
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Huma Ahmed
[email protected]
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Adrianne Tarazon
[email protected]
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Electronic Record and Signature Disclosure:

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Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

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Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

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Attachment 2
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 3
Part I: KPN 202201-04 Trip Hazard Removal Page 1 of 25
Invitation for Bid
KPN 202201-04 Trip Hazard Removal
PART I: GENERAL TERMS AND CONDITIONS
On behalf of its membership in the fifty United States and the District of Columbia, the Keystone Purchasing Network (KPN) seeks a discounted source for trip hazard removal and may include installation services and associated expertise, training and other associated products and services.

Member agencies are primarily school districts, charter schools, colleges and universities, local government offices and other tax-exempt nonprofit agencies. It is KPN’s intent to award one contract, but if it is in the best interest of members, it reserves the right to make multiple awards.

TABLE OF CONTENTS
PART I:

Calendar of Bid Activities ........................................................................ 2 KPN Information ...................................................................................... 3 Contact Information.................................................................................. 3 Eligibility .................................................................................................. 3 Glossary of General Bid Terms ................................................................ 4 Grounds for Disqualification .................................................................... 4 Evaluation and Pricing.............................................................................. 5 General Terms and Conditions................................................................. 5 Exceptions............................................................................................... 24

ADDITIONAL DOCUMENTS TO DOWNLOAD
PART II: Bid Category Specifications
PART III: Bid Forms and Instructions
[KN] KEYSTONE

PURCHASING

NETWORK
Part I: KPN 202201-04 Trip Hazard Removal Page 2 of 25
Keystone Purchasing Network
Invitation for Bid
KPN 202201-04 Trip Hazard Removal

CALENDAR OF BID ACTIVITIES

Transaction Date
Bid published on https://kpn.ionwave.net December 13, 2021 Question/Information Period
8 a.m.–4 p.m. ET, weekdays except holidays
December 20, 2021 - January 4, 2022
Proposal Deadline January 14, 2022, 4:00 p.m. ET
Public Bid Opening
CSIU Main Office, 90 Lawton Lane, Milton, PA
January 17, 2022, 9:00 a.m. ET
CSIU Board Meeting for bid approval February 16, 2022
Notification of awards February 17, 2022
Term of Contract Upon award until February 28, 2023
Contract Extensions Possibility of up to five (5) one-year extensions
Part I: KPN 202201-04 Trip Hazard Removal Page 3 of 25
I.A. Issuer: The Keystone Purchasing Network (KPN) is a not-for-profit national cooperative purchasing program administered by the Central Susquehanna Intermediate Unit (CSIU), a regional educational service agency created by the Pennsylvania Legislative Act of 1971 and a Political Subdivision of the Commonwealth of Pennsylvania. KPN serves tax-exempt nonprofit educational institutions, political subdivisions and other not-for-profit organizations across the nation that seek quality products and services for the best possible price. KPN relieves its members of the burden of conducting individual, lengthy and costly bid awards.

I.B Membership in KPN: Agencies must register online with KPN at https://www.thekpn.org/. Only registered KPN members are eligible for vendor discounts available under KPN contracts. KPN members are school districts, nonpublic schools, technical high schools, charter schools, colleges and universities, preschool organizations, political subdivisions and other nonprofit agencies and organizations.

I.C. Contact Information:

Keystone Purchasing Network
90 Lawton Lane
Milton, PA 17847
Mark Carollo, Associate Director
(570) 246-5936
Fax: (570) 524-5600
[email protected]
I.D. Time Line: See page 2 of this document.

I.E. Eligibility of Respondents: Bidders must align with the following requirements in order to be eligible in the bid competition.

I.E.1. The bidder must file a complete bid per the instructions in this Invitation for Bid (IFB) by the stated deadline.

I.E.2. The bidder must be a company with an office in North America and have a record of no less than five years doing business in the bid category nationally.

I.E.3. The bidder must have a record of doing business with entities in a minimum of ten states.

I.E.4. The bidder must be able to offer KPN members “most favored agency” prices for quality products and services.

I.E.5. The bidder must have access to a national distribution system. Furthermore, the respondent must be able to provide products and services in this IFB to all KPN members.

I.E.6 A bidder must provide a copy of its Certificate of Authority or licensing to do business in each of the fifty United States and the District of Columbia in response to FORM C.2 (See Part III, Bid Forms and Instructions).

I.E.7. The bidder must be able to fulfill the reporting, invoicing, and general and specific standard terms and conditions required by KPN contract.

I.E.8. The bidder must be able to deliver the products, services, and warranties proposed in the bid within the contractual period stipulated for the bid.

Part I: KPN 202201-04 Trip Hazard Removal Page 4 of 25
I.F. Glossary of Terms
Term Definition
Bid The competitive application for a contract award.

Bid Award The competitive award of a contract to provide goods and services as per this IFB.

Bid Documents Bid documents include the Advertisement for Bids, Instructions to Bidders, General Terms and Conditions of the Contract, Bid Specifications, Supplementary Conditions (if any), Plans (if applicable), Bid Response Form, Addenda (if any) and Letter of Award.

Bid Proposal The document submitted by the respondent in pursuit of the bid award, on which the selection panel, among other things, will base its selection or rejection of the bid.

Bid Price Monetary sum identified by bidder in bidder’s proposal.

Bidder Person or entity submitting a bid, a respondent to the bid. Once a bid has been awarded, the bidder becomes a supplier, also known by “contractor,” “vendor,” “provider” and “offeror.”
Capitalized
Terms
Capitalized terms used in the IFB and Contract and not otherwise defined herein are specific to and have meaning ascribed to them in documents specific to this bid.

Contract The agreement binding the bid award and conditions flowing from it.

Contractor (1) The successful bidder or,
(2) In clauses in this IFB pertaining to construction and installation services, subsection I.K.22 et seq., “Contractor” is defined as the entity contracted by the member agency to provide such services.

Event of
Default
The occurrence of a failure to meet contractual obligations set forth under general and specific terms.

KPN Keystone Purchasing Network administered by the CSIU.

Member
Agency
A school district, vocational technical school, nonpublic school, educational service agency, college or university, municipal division of local, county or state government, or other nonprofit organization registered as a KPN member and eligible for discounts that flow from KPN contracts.

Most Favored
Agency Pricing
Lowest possible pricing schedule offered by supplier exclusively to KPN member agencies.

Remedies Procedures and rights accorded the member pursuant to an event of default by contractor.

Supplier The successful bidder becomes the supplier, a term that can be used interchangeably with vendor, provider, contractor or offeror.

I.G. Grounds for Disqualification of Bid Proposals: KPN has the authority to reject any and all bid proposals for any of the following reasons:

I.G.1. Ineligibility of bidder (see § I.E. above).

I.G.2. Incompleteness of bid proposal (see Part III for instructions on submitting a complete bid proposal).

I.G.3. Lateness of bid proposal.

I.G.4. Bid proposal not submitted online.

I.G.5. Falsification of information in bid proposal.

Part I: KPN 202201-04 Trip Hazard Removal Page 5 of 25
I.H. Rejection of Bid Proposals: The KPN selection panel has the authority to preliminarily disqualify Bid Proposals for reasons set forth in § I.G. above, and to reject proposals on the basis of competitive selection as set forth in part I.E. above. All decisions made by the selection panel are final and appeals will not be granted.

I.H.1 Protests: Protests shall be filed with KPN, and shall be resolved, in accordance with applicable law. A protest must be in writing and must be filed with KPN. A protest of solicitation must be received at KPN before the solicitation opening date. A protest of a proposed award or of an award must be filed within ten days after the protester knows or should have known the basis of the protest. A protest must include: (1) the name, address and telephone number of the protestor; (2) the original signature of the protester or its representative; (3) identification of the solicitation; and (4) a detailed statement of the legal and factual grounds of protest, including copies of any relevant documents; and the form of relief requested.

I.I. Withdrawal of IFB: KPN has the authority to withdraw the IFB at any time up to the award of a contract. Furthermore, KPN has the authority to reject all bid proposals.

I.J. Bid Evaluation: KPN evaluates bid responses and makes an award based on the lowest, responsive and responsible bidder meeting the specifications which it deems in the best interest of its members.

I.J.1. Marketing Plan. Bidders are required to submit a detailed marketing plan that includes information and promotional materials that can be used to market the contract to KPN members. Additionally, bidders are surveyed about past and anticipated exhibiting activities at professional conferences, sales staff and proposed ways in which the company can participate in cooperative marketing activities with KPN. Upon award of a contract KPN staff will meet with contractor(s) staff to develop a 30-90 day national rollout of the contract to their sales staff. KPN staff will work with contractor(s) on various print, electronic and exhibit booth contract advertising.

I.J.2. Pricing.
(a) For the term of this bid and any extensions, the supplier must offer the most favored agency pricing to KPN and its members.
(b) The proposed pricing bid must include all costs for implementation of the materials and services provided in this bid.
(c) The proposed pricing must have the KPN administrative fee built into it. The fee may not be charged separately to purchasing members.

I.K. General Terms and Conditions: The following General Terms and Conditions are incorporated in all contracts awarded through Invitations For Bid (IFB) and Requests For Proposal (RFP) conducted by the Central Susquehanna Intermediate Unit (CSIU) as administrator of the Keystone Purchasing Network (KPN) on behalf of its member agencies.

I.K.1. Issuing Agency: The KPN is a program initiative of the CSIU, 90 Lawton Lane, Milton, PA 17847. KPN is a cooperative purchasing program of the CSIU operating under Chapter 19, Intergovernmental Relations, of the Pennsylvania Commonwealth Procurement Code, 62 Pa. CS§§1901 et. seq., as the same may be amended from time to time (the “Act”), for those school districts assigned to the CSIU, as well as other organizations eligible to participate under the Act, whether such organizations are located inside or outside of the Commonwealth of Pennsylvania. Eligible member organizations under the Act include state purchasing agencies, agencies of the United States, political subdivisions, public authorities, tax-exempt nonprofit educational Part I: KPN 202201-04 Trip Hazard Removal Page 6 of 25
institutions, public libraries, tax-exempt nonprofit public health institutions and organizations, nonprofit fire companies, nonprofit rescue companies, nonprofit ambulance companies, and to the extent provided by law, any other entity that expends public funds for the procurement of supplies, services and construction. The CSIU is a regional service agency by Act of the Pennsylvania Assembly of 1971 and a Political Subdivision of the Commonwealth of Pennsylvania. Membership in KPN is free for all eligible organizations.

I.K.2 Term of Contract and Extensions. The term of the agreement shall commence upon award and continue until February 28, 2023 unless terminated, canceled or extended.

By mutual written agreement as warranted, the term of contract may be extended for five (5) additional one-year terms.

I.K.3. Contractor. The “offeror,” “supplier” or “vendor” responding to a KPN issued IFB or RFP, who is awarded a KPN contract for discounted supplies, services and/or construction through the selection process becomes the “contractor” under the terms of the contract.

I.K.4. Purchasing Member. KPN has issued the IFB for a program of supplies, services and/or construction on behalf of its membership. Its individual members will be the users of the contract, hereinafter “purchasing members.” I.K.5. Administrative Fee. The contractor agrees to pay KPN a 2% administrative fee based on total volume of sales generated by KPN purchasing members, or an alternative administrative fee structure appropriate to the commodity under solicitation as set forth in the IFB.

I.K.6. Reporting. The contractor will file quarterly sales reports with KPN accompanied by the abovementioned administrative fee on reported sales, or as otherwise stipulated in the IFB or otherwise agreed upon and set forth in the contract as is appropriate to the commodity solicited in the IFB.

I.K.7. Audits. KPN has the right to authorize audits of all reports and purchases made under this bid.

I.K.8. Debt. The contractor may not accrue debt against this contract or notice of award without the prior written consent of KPN. No subcontract shall be made with any other party for the furnishing of supplies, services and/or construction in accordance with the contract without the prior written consent of KPN.

I.K.9. Termination of Contract. KPN may at any time, upon seven (7) days prior written notice, terminate the contract with just cause. In case of such termination for KPN’s convenience, the contractor is entitled to receive payment from the participating members for services performed and goods received prior to the date of termination.

I.K.10. Interpretation of Contract. The contract shall be construed and interpreted, and its validity and the rights of the parties are determined in accordance with the laws of the Commonwealth of Pennsylvania, County of Northumberland, in which the CSIU is located.

I.K.11. Compliance with Laws. All applicable laws are deemed to be part of the General Terms and Conditions to the contract and specifications, and the contract is read and enforced as though they were included. The contractor must comply with all applicable federal, state, local and industry statutes, regulations, ordinances, codes Part I: KPN 202201-04 Trip Hazard Removal Page 7 of 25
and standards in a member’s locale. The failure to specifically reference or include said matters in contract documents does not excuse the contractor from compliance with the same. Without limiting the foregoing, the supplier shall comply with the Williams-Steiger Occupational Safety and Health Act (OSHA) of 1970, Public Law 91- 596, and Part 1910, Occupational Safety and Health Standards, Chapter XIII of Title 29 Code of Federal Regulations. Section XIII contains additional compliance for construction related services, which are deemed to be part of the General Terms and Conditions to the contract and specifications by reference.

I.K.12. Independent Contractor. In performing services and providing products pursuant to the contract, the contractor is acting independently and not as an agent, servant, partner nor employee of KPN or its members. The contractor has control over the services and products it delivers under the contract, and is solely responsible for its own federal, state and local income taxes, salary, social security payments and any and all other payments incurred by the contractor in the performance of the contract, as well as adhere to all necessary legal requirements governing employment. None of the benefits provided by KPN or its members to their own employees, including but not limited to retirement benefits, workers’ compensation insurance, disability insurance, medical insurance and unemployment insurance, are available to the contractor and/or any of the contractor’s agents, servants, employees or subcontractors. The contractor has no authority under the contract to assume or create any such obligation or responsibility, expressed or implied, on behalf or in the name of KPN or its members, or to bind KPN or its members in any way whatsoever.

I.K.13. Binding Contract. The contract shall be binding and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns.

I.K.14. Waivers. The waiver by a party to the contract of any term, covenant, obligation or condition herein shall be in written notice to the vendor by KPN or its participating members. It may not be deemed to be a waiver of any subsequent breach of the same or waiver of any other term, covenant, obligation or condition of the contract.

I.K.15. Invalidities. The invalidity of any words, phrases, sentences, sections or subsections contained in the contract may not affect the enforceability of the remaining portions of the contract, or any part thereof, all of which are inserted conditionally on their validity in law. In the event any one or more of the words, phrases, sentences, sections or subsections are found to be invalid or unenforceable, the contract will be read as if such offending provisions had not been inserted, and if such invalidity is caused by the length of any period of time set forth in any part hereof, such period of time will be considered to be reduced or increased, as necessary, to a period that would cure such invalidity.

I.K.16. Member-Contractor Transactions:

I.K.16.a. The contractor must designate by name and contact information a representative who serves as the facilitator and information resource for KPN members.

I.K.16.b. Use of Contract. The contract between KPN and the Contractor establishes a discounted program of supplies, services and/or construction and access for its members. Members access the program of supplies, services and/or construction on an as need basis and are under no obligation to use such contract. Eligible purchasing members will be provided with the KPN Part I: KPN 202201-04 Trip Hazard Removal Page 8 of 25
contract number to identify themselves as eligible for the discounts and program of supplies, services and/or construction. Contractors are provided with lists of KPN membership to confirm eligibility of users. Membership lists are only available upon the execution of a contract between KPN and the contractor.

I.K.16.c. A KPN member and the contractor may not enter into a separate, outside agreement for products and services provided through the KPN contract during the term of the contract, unless permission has been obtained from KPN in writing.

I.K.16.d. Child Protection. Purchasing members that are school districts, nonpublic schools, charter or public technology schools or any member providing direct pupil services or child care, reserve the right to reject any person they deem unfit to be permitted on their grounds in proximity to students. Upon written notice from the participating member or KPN, the contractor will have such persons who are performing services pursuant to the contract removed from the site immediately. The purchasing member’s right to declare a person unfit is not limited to the required exclusion of such persons through the provisions of federal and state laws legislated as child protective services.

I.K.16.e. Purchase Orders, Contracts, Invoices and Payment. KPN purchasing members will issue purchase orders to or otherwise enter into project contracts directly with the contractor. Invoices will be sent to the business office of the purchasing members, in duplicate. Separate invoices may be rendered for separate tasks, services or deliveries and be accompanied by signed receipts. Invoicing may not commence before the shipment of products. Prepaid shipments required by reason of prior history are disallowed. Purchasing members agree to pay the contractor the amount specified on the purchase order or contract after receipt, approval and acceptance of delivered items and services. Invoices will be paid by members within thirty (30) days after receipt of the invoice.

I.K.16.f. Delivery. Delivery of supplies, products and services, including construction, will be made as ordered and at the destination identified by the KPN member, unless otherwise specified or agreed to by both the member and the contractor. Deliveries are to be made during the hours of 8:00 a.m. and 4:00 p.m., weekdays, inclusive, except holidays, unless otherwise specified. Contractors must notify members forty-eight (48) hours prior notice of shipment. Failure to provide notification may result in the refusal of delivery and rejection of future bid consideration. Contractors are responsible for understanding local road and facilities conditions in order to make proper deliveries. Individual packages must be clearly marked with the purchase order number. All deliveries specified as “inside and installation” require the truck driver to unload the truck and carry products inside the building and set them up for use.

I.K.17. Insurance Requirements.

I.K.17.a. The contractor is required to purchase and maintain insurance for the protection of claims for damages because of bodily injury, including personal injury, sickness, disease or death of any of the contractor’s employees, agents, servants or of any personnel so insurable, for claims of damages due Part I: KPN 202201-04 Trip Hazard Removal Page 9 of 25
to injury or destruction of tangible property, including loss of use resulting from there from, and from claims arising out of the performance of the contract or caused by negligent acts for which the supplier is legally liable.

The supplier must maintain through the term of the KPN contract a minimum of $1,000,000.00 of occurrence liability insurance (basic and umbrella coverage) covering the services contemplated by the contract.

I.K.17.b. The contractor is required to purchase and maintain until the termination of services purchases pursuant to the contract, automobile and truck liability coverage with a minimum combined single limit liability of $300,000.00.

I.K.17.c. As requested by KPN or its members, the contractor must provide a certificate of insurance evidencing all required coverage with at least a thirty (30) day notification period that must be given to KPN prior to any policy cancellation. All required insurance must be written on an occurrence basis and maintained with a carrier licensed to conduct business in the Commonwealth of Pennsylvania, having a minimum rating of Best A.

I.K.17.d. In compliance with the Act of General Assembly, Commonwealth of Pennsylvania, the contractor further covenants and agrees to accept, insofar as the work covered by this contract in Pennsylvania is concerned, the provisions of the Workmen’s Compensation Act of 1951, and any supplements or amendments thereto, which may have been or may hereafter be passed, or will file with the participating members a certificate from the Department of Labor and Industry.

I.K.18. Event of Default.

I.K.18.a. The following constitute an “Event of Default” under the contract:
(1) The contractor fails to furnish and deliver products or services or any part thereof, or to replace any products or services which were rejected for inappropriateness and such failure continues for a period of five (5) working days following the date of notice from KPN. (2) The filing of a petition by or against the contractor for an adjudication as bankrupt or insolvent, or for the contractor’s reorganization, or for the appointment of a receiver or trustee of the contractor’s property; an assignment by the contractor for the benefit of creditors; taking possession of the property of the contractor by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of the contractor; or the commencement of levy, execution or attachment proceedings against the contractor or a substantial portion of the contractor’s assets.
(3) The contractor discontinues the conduct of its business or fails to remain open and operating.
(4) The contractor fails to perform any other covenant or condition of the contract within ten (10) working days after written notice from KPN to the contractor, unless such failure is of a nature which reasonably requires more than ten (10) working days to cure, in which event the contractor will have no more than thirty (30) working days to cure Part I: KPN 202201-04 Trip Hazard Removal Page 10 of 25 such failure, provided the contractor acts with due diligence to commence and pursue the cure.

I.K.18.b. Notwithstanding the above, KPN is not required to comply with the notice provisions hereof, and may immediately exercise its remedies if the contractor fails within a 24-hour period after receipt of written notice from KPN to commence and continue correction of such deficiencies where further delay would cause substantial disruption to the delivery schedule.

KPN has the further right to correct such deficiencies without prior notice to the contractor in an emergency affecting safety of persons or property, and said action is necessary to prevent threatened damage, injury or loss.

KPN’s right in this regard does not relieve the contractor of its obligations and responsibilities under the contract documents and does not give rise to a duty on the part of KPN to exercise the right for the benefit of the contractor or any other person or entity.

I.K.19. Remedies.

I.K.19.a. In the event of default, KPN is authorized and empowered to purchase supplies and services in conformity with this contract from third party(ies), at the expense of the contractor if necessary, or to cancel the contract, reserving to itself all rights for damages which may be incurred by KPN and/or its participating members.

I.K.19.b. The contractor is responsible for any reasonable attorney’s fees incurred by KPN and/or member agencies pursuant to collection of any sum due hereunder or to enforce the provisions of the contract for the contractor’s failure to keep and perform any term, covenant or condition in the contract.

This provision does not extend a similar right to the contractor or to any other person or entity for payment of such costs or expenses.

I.K.19.c. In the event of default, or of a threatened breach by the contractor of any of the agreements, conditions, covenants or terms hereof, KPN has the right of injunction to restrain the same, and the right to invoke any remedy by law or in equity, whether or not other remedies, indemnity or reimbursements are herein provided.

I.K.19.d. The rights and remedies extended to KPN through the contract are distinct, separate and cumulative remedies, and no one of them, whether or not exercised by KPN, is deemed to be the exclusion of any of the others.

I.K.20. Indemnification. In addition to the insurance requirements included as part of a contract issued by KPN, the contractor further covenants and agrees to assume all liability for, and agrees to, indemnify, defend and hold the KPN, the CSIU and member agencies, and their directors, officers, agents, workers, servants and employees harmless from and against any and all claims, demands, losses, charges, causes of action, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) whatsoever, with respect to injury or death of any person or persons (including injury to corporations, partnerships or other business entities) whatsoever, or damage to property of any kind by whosoever owned, arising out of (directly or indirectly) or caused or claimed to have been caused, in whole or in part, but the acts or omissions of the contractor, or the contractor’s directors, officers, agents, workers, servants or employees, in the performance of this contract, or with respect to the non-fulfillment or non-performance of any agreement, Part I: KPN 202201-04 Trip Hazard Removal Page 11 of 25 covenant or condition on the part of the contractor under the contract, event of default or other breach of the contract by the contractor.

I.K.21. Claims and Disputes.

I.K.21.a. Claims, disputes or other matters in question between the parties to the contract arising out of or relating to the contract or breach thereof will be exclusively litigated in the Court of Common Pleas of Northumberland County and may not be subject to arbitration, except for compulsory arbitration as provided by the applicable Rules of Civil Procedure. Pending resolution of any claim, dispute or other matter, if requested by KPN or the participating member(s), the contractor will proceed diligently with the performance of the contract so as to avoid delay in the provision of specified supplies, materials and services.

I.K.21.b. The parties desire and intend that any disputes arising between them with respect to or in connection with the contract be subject to expeditious resolution in a court trial by jury. Therefore the parties each hereby waive the right to a trial by jury of any cause of action, claim, counter claim or cross compliant in any action, proceeding or other hearing brought by either party against the other on any matter whatsoever arising out of, or in any way connected with, the contract.

I.K.21.c. All parties hereto hereby submit themselves to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania, in and for the County of Northumberland, specifically waive their right to sue in any other court which might otherwise have jurisdiction and agree to accept service of any court process, order or other document by certified mail in lieu of personal service.

I.K.21.d. The contractor waives claims against KPN, the CSIU and the participating members for consequential damages arising out of or relating to this contract, including, but not limited to, damages incurred by the supplier for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from this contract.

I.K.22. Construction or Related Services. The following items pertain to and only to construction, construction related services and athletic surfaces contemplated by a KPN contract. The awarded contractor agrees that in performance of the services required under a KPN contract to abide by all federal, state, local and Commonwealth of Pennsylvania Department of Education laws where this contract is utilized, and regulations that may apply to renovations under this bid, including but not limited to those listed below. It is the responsibility of the contractor to determine the applicability and requirements of any such laws and to abide by them. Additionally, the contractor has the sole responsibility for the compliance with other matters in conjunction with the services to be performed hereunder.

I.K.22.a. Performance and Labor Material Payment Bonds. The contractor must provide a performance bond and a labor and material payment bond, each in the amount of 100% of the contract price, before award of the contract (Sections 756 and 757 of the Commonwealth of Pennsylvania Public School Code of 1949, as amended, and the Public Works Contractors Bond Law of 1967.

Part I: KPN 202201-04 Trip Hazard Removal Page 12 of 25 I.K.22.b. Discrimination Prohibited. According to 62 PA CSA 3701, the contractor agrees that:
(1) In the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor or any person acting on behalf of the contractor or subcontractor will by reason of gender, race, creed or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.
(2) No contractor or subcontractor or any person on their behalf may in any matter discriminate against or intimidate any employee hired for the performance of work under the contract on account of gender, race, creed or color.
(3) The contract may be canceled or terminated by the government agency and all money due or to become due under the contract may be forfeited for a violation of the terms and conditions of that portion of the contracts.

I.K.22.c. Human Relations Act. The provisions of the Pennsylvania Human Relations Act, Act 222 of October 27, 1955 (PL 744) (43 PS § 951 et. seq.) of the Commonwealth of Pennsylvania prohibit discrimination because of race, color, religious creed, ancestry age, sex, national origin, handicap or disability, by employers, employment agencies, labor organizations, contractors and others. The contractor agrees to comply with the provisions of this Act as amended that are made part of this specification. (CF: 16 PA Code 49 §101).

I.K.22.d. Competent Workmen Act. Section 7-752 of the Commonwealth of Pennsylvania Public School Code of 1949 requires that when the total estimated cost of a project is $25,000 or less, no person may be employed to do work under such a contract except competent first class workmen and mechanics. No workmen are regarded as competent first class, within the meaning of this Act, except those who are duly skilled in their respective branches of labor, and who are to be paid not less than such rates of wages and for such hours of work as are established and current rates of wages paid for such hours by employers of organized labor in performance of similar work in the district where work is being done.

I.K.22.e. Pennsylvania “Prevailing Wage” Rates. For projects for which the total estimated cost is greater than $25,000, paid for in whole or in part out of funds of a public body, except for maintenance work or work performed under a rehabilitation program or manpower training program, “Prevailing Wages” must be specified. Further information on the implementation of the act, definition of maintenance work and prevailing wage rates is available from the Pennsylvania Department of Labor and Industry, (800) 932-0665 or (717) 787-4763. When applicable, the federal Davis-Bacon Wage Rates schedule for federally assisted projects applies. This regulation and the general Pennsylvania prevailing wage rates (Act 442 of 1961, PL 987, as amended) as determined by the Secretary of Labor and Industry, which must be paid for each craft or classification of all workers needed to perform the contract during the anticipated term therefore in the locality in which the public work is performed, are made part of this specification.

Part I: KPN 202201-04 Trip Hazard Removal Page 13 of 25 (1) The general prevailing minimum wage rates, including contributions for employee benefits, as determined by the Secretary of Labor and Industry (hereinafter “Secretary”), are to be paid to the workmen, employed in the performance of the contract.
(2) The contractor will pay no less than the wage rates as determined by the Secretary and will comply with the conditions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act 442), as amended August 9, 1963 (Act 342), and the regulations issued pursuant thereto, to assure the full and proper payment of said rates.
(3) These contract provisions apply to all work performed on the contract by the contractor and to all work performed on the contract by all subcontractors.
(4) The contractor must insert in each of the subcontracts all of the stipulations contained in these required provisions.
(5) No workmen may be employed on the work except in accordance with the classifications set forth in the decision of the Secretary. In the event that additional or different classifications are necessary, the procedure set forth in the regulations will be followed.
(6) All workmen employed or working on the work are to be paid unconditionally regardless of whether any contractual relationship exists or the contractual relationship which may be alleged to exist between any contractor, subcontractor and workmen, not less than once a week without deductions or rebate, on any account, either directly or indirectly, except authorized deductions, the full amount due at the time of payment, computed at the rates applicable to the time worked in the appropriate classification. Nothing in this contract, the act or the regulations prohibits the payment of more than the general prevailing minimum wage rates as determined by the Secretary to the workmen of the work.
(7) The contractor and each subcontractor must post for the entire period of construction the wage determination decisions of the Secretary, including the effective date of any changes thereof, in a prominent and easily accessible place or places at the site of the work and at such place or places used by them to pay workmen their wages. The posted notice of wage rates must contain the following information:
(a) Name of project.
(b) Name of public body of which it is constructed.
(c) The crafts and classifications of workmen listed in the Secretary’s general prevailing minimum wage rate determination for the particular project.
(d) The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes.

Part I: KPN 202201-04 Trip Hazard Removal Page 14 of 25 (e) A statement advising workers that if they have been paid less than the general prevailing minimum wage rate for their job
classification or that the contractor and/or subcontractor are not complying with the Act or the regulations in any manner whatsoever, they may file a protest with the Secretary within three (3) months of the date of the occurrence, objecting to the payment to the contractor to the extent of the amount or amounts due or to become due to them as wages for work performed on the project. Any workmen paid less than the rate specified in the contract have a civil right of action for the difference between the wage paid and wages stipulated in the contract, which right of action must be exercised within six (6) months from the occurrence of the event creating such right.
(8) The contractor and all subcontractors must keep an accurate record showing the name, craft and/or classification, number of hours worked per day, the actual hourly rate of wage paid (including employee benefits) to each worker employed in connection with the work and such record must include any deductions from each worker. The record must be preserved for two (2) years from the date of payment and is open at all reasonable hours to the inspection of the owner and the Secretary or the Secretary’s authorized representative. (9) Apprentices are limited to such numbers as in accordance with a bona fide apprenticeship program registered with and approved by the Pennsylvania Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with the provisions of the Apprenticeship and Training Act approved July 14, 1961 (Act No. 304) and the rules and regulations issued pursuant thereto will be employed on the work. Any workers using the tools of a craft who do not qualify as apprentices within the provisions of this submission must be paid the rate predetermined for journeymen in that particular craft and/or classification. (10) Wages will be paid without deductions except authorized deductions.

Employers not party to a contract requiring contributions for employee benefits, which the Secretary has determined to be included in the prevailing minimum wage rate must pay the monetary equivalent thereof to the worker.
(11) Payment of compensation to workers for work performed on public work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work, or the production of a certain result will be deemed a violation of the Act and the regulations, regardless of the average hourly earnings resulting there from. (12) Each contract and each subcontractor must file a statement each week and a final statement at the conclusion of the work on the contract with the owner, under oath, and in form satisfactory to the Secretary, prescribed by the regulations, or if any wages remain unpaid, to the amount of wages due and owing to each worker respectively. (13) The provision of the Act and the regulations are incorporated by reference in the contract.

Part I: KPN 202201-04 Trip Hazard Removal Page 15 of 25 I.K.22.f. Standard of Quality. The various materials and products identified in the specifications by name or description are stated to establish a standard of quality and of cost for bid or proposal purposes.
(1) Named Products: Items identified by the manufacturer’s name. The specification may also include make, model number or other designation shown or listed in the manufacturer’s product literature current at the time of the bid. KPN reserves the right to require that a single manufacturer or source be provided and that no comparable products (alternates) or substitutions may be accepted. (2) Comparable (Alternate) Products: Where the specification states a named product followed by “or equal,” an alternate or comparable product may be bid; however, the burden is on the bidder to provide evidence that a proposed alternate meets or exceeds the KPN specified named product and its attributes and that it provides an equal or better warranty. If comparable product(s) are proposed in the bid, the bidder must provide a detailed comparison for each to include a list of all the significant qualities of the product named in the Specification and those of the proposed alternate product(s). Significant qualities include attributes such as performance, weight, size, durability, visual effect and specific features and requirements indicated. KPN reserves the right to reject proposed alternate products if it does not consider them equal to or better than the named product in the specification. (3) Substitutions for Cause: A contractor (awarded bidder) may only propose substitutions pursuant to a purchase order submitted by a purchasing KPN member in the event of unavailability of product, regulatory changes or unavailability of required warranty terms. The contractor must notify both KPN and the purchasing member of all substitutions for cause with full documentation at least thirty (30) working days in advance of the commencement of work. All documentation must demonstrate that the proposed substitution is equal to or better than the specified product on all physical and inservice attributes and warranty provisions and can be implemented by subcontractors as necessary without disruption to the project. The purchasing member must approve all substitutions.
(4) Substitutions for Convenience: Bidders may not propose substitutions for convenience.

I.K.22.g. Provisions for the Use of Steel and Steel Products Made in the United States. In accordance with Act 3 of the 1978 General Assembly of e Commonwealth of Pennsylvania, if any steel or steel products are to be used or supplied in the performance of the contract, only those produced in the United States as defined therein will be used or supplied in the performance of the contract or any subcontracts there under in accordance with Act 161 of 1982, and cast iron projects must also be included and produced in the United States. Act 141 of 1984 further defines “steel products” to include machinery and equipment. The act also provides clarifications and penalties.

I.K.22.h. Prohibition on Cash Allowances. Cash allowances are prohibited.

Part I: KPN 202201-04 Trip Hazard Removal Page 16 of 25 I.K.22.i. Time(s) of Completion of the Project. Completion dates for projects must be stated in terms of actual date(s) or the number of calendar working days after notice to proceed with the work not to exceed one hundred eighty (180) calendar days unless otherwise agreed upon by member.

I.K.22.j. Owner’s Compliance in Retaining Payments. Unless a member stipulates otherwise, payment retentions and progress payments are as follows: Ten percent (10%) of all contract payments are retained by the member as insurance of proper performance of the prime contractor. The prime contractor agrees to identify the amount of the invoices sent to the member agencies, then report usage of the contract and sales volume to KPN. When fifty percent (50%) of the work is completed, as determined by the member agency, one–half (1/2) of the amount retained will be paid to the prime contractor, if the prime contractor requests payment, provided that the prime contractor is making satisfactory progress and there is no specific cause for greater withholding. After fifty percent (50%) of the work is completed, not more than five percent (5%) of the amount of any subsequent progressive payments may be retained, unless the governing board of the member agency determines that satisfactory progress is not being made, at which point ten percent (10%) retention may be reinstated.

If the member and the prime contractor agree to a substitute security, the agreement must fully comply with Pennsylvania law. If the substitute security is agreed to, the prime contractor must provide KPN and the member with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against KPN, the member, or the prime contractor, in relationship to the security assigned. The prime contractor, as authorized above, will pay any interest due a subcontractor or material supplier. A subcontractor to the prime contractor may request, in writing, that the subcontractor be notified within five (5) days of payment of each progress payment made to the prime contractor. It is the responsibility of the prime contractor to inform all suppliers and subcontractors that this contract is a cooperative purchasing contract. Once all bonds are in place, the prime contractor and the authored agent of purchasing KPN member will agree in writing upon a schedule of payments based on identifiable milestones. Retention of payments must be done in accord with 62 PA CSA 3921.

A contract containing a provision for retainage as provided in 62 PA CSA 3921 must contain a provision requiring the architect, engineer or purchasing member complete the final inspection within thirty (30) days of the receipt of the request of the contractor for final inspection and application for final payment. If the work is substantially completed, the architect, engineer or purchasing member issues a certificate of completion and a final certificate for payment, and the purchasing member agency must make payment within 45 days, except as provided in §3921, less only one and one half (1½) times the amount required to complete any thenremaining uncompleted minor items, which amount must be certified by the architect, engineer or purchasing member and, upon receipt by the purchasing KPN member of any guarantee bonds which may be required, in accordance with the contract, to insure proper workmanship for a designated period of time. The certificate provided by the architect, engineer or purchasing member must list in detail each uncompleted item and a reasonable cost of completion. Final payment of any amount withheld for the completion of the minor items is due upon completion of the items Part I: KPN 202201-04 Trip Hazard Removal Page 17 of 25 as listed in the certificate issued by the architect, engineer or purchasing member.

I.K.22.k. Workers’ Compensation Act. The contractor accepts, insofar as the work covered in the contract is concerned, the provisions of the Workers’ Compensation Act 44 of 1993, and any supplements or amendments thereof, including any which may be passed in the future, and insures the contractor’s full liability there under for all parts of the contract performed by the contractor or any of the contractor’s partners, associates, employees or those the contractor may employ herein, or file with the purchasing KPN member a certificate of exemption from insurance issued by the Bureau of Workers’ Compensation of the Department of Labor and Industry.

The contract at all times indemnifies and holds harmless the CSIU, KPN and KPN member agencies of and from all claims for Workers’ Compensation which may be made by any of the employees of the contractor, and the contractor must appear for and defend the CSIU, KPN and KPN member agencies against any and all such claims. The contractor must be covered by Employers’ Liability Insurance with a minimum limit of $250,000 for each employee, $2,000,000 policy limit and $250,000 for each accident.

I.K.22.l. Background Checks. Pursuant to Section 1-111 of the Commonwealth of Pennsylvania Public School Code and Sections 6354 – 6358 of the Public Welfare Code, known as Acts 33, 34, 114 and 151, and any such sections that will be appended to such in the future, all persons hired to work on the premises of public or private schools or agencies serving children, including independent contractors and their employees, are required to obtain background checks prior to entering the premises to perform the work. The background checks consist of the State Police Criminal History Record Information, the Pennsylvania Child Abuse History Clearance Form and the Federal Criminal History Record (FBI electronic fingerprinting).

Contractors are required to perform the following measures:
(1) Assume the costs for the background checks.
(2) Identify all employees working on the premises of the project and present the original official documents containing background check information to the superintendent or superintendent’s designee prior to the beginning of work. The school must make photocopies of the background checks, notate each with the date on which the original document was inspected and the name of the administrator who viewed the original. Such copies will be retained in the purchasing KPN school member’s records, with the originals returned to the contractor.
(3) If new employees are added to the workforce during the course of the work, the contractor must follow the same procedures set forth above, §§ (1) and (2) prior to the new employee(s) working on the premises. (4) The school entity must notify the contractor in writing if the decision to reject the contractor or any of the contractor’s employees is based in whole or part on information revealed in the background checks.

Part I: KPN 202201-04 Trip Hazard Removal Page 18 of 25 (5) The purchasing KPN school member must follow the regulations promulgated by the State Board of Education concerning the confidentiality of the information contained in the background checks obtained pursuant to these laws and regulations.
(6) Upon written notice from the purchasing KPN school member, contractors must remove all persons declared unfit from the premises and project. The school district’s right to declare such persons unfit is not limited to the required exclusion of persons from school property as set forth in Section 1-111 of the Pennsylvania School Code and/or Act 151 of 1994.
(7) The following applies to all prevailing wage projects:

E-Verify. The successful Bidder and its subcontractors (as such term is defined in the act) are required to comply with the Public Works Employment Verification Act, Act No. 127, July 5, 2012 (formerly Senate Bill 637). All Bidders shall submit with their Bid a Public Works Employment Verification Form (the "Verification Form") to CSIU - KPN in the form published by the Commonwealth of Pennsylvania, Department of General Services. Per the act, the Verification Form is to be obtained from the Secretary of the Pennsylvania Department of General Services. The Verification Form is presently available on the Department of General Services website. Per the act, the Verification Form shall include a certification that the information in the statement is true and correct and that the individual signing the statement understands that the submission of false or misleading information in connection with the verification shall subject the individual and the public works contactor or subcontractor, as the case may be, to sanctions provided by law; and the verification form shall be signed by a representative of the public works contractor or subcontractor, as applicable, who has sufficient knowledge and authority to make the representations and certifications contained in the statement. Prior to award of a contract or purchase order by a Member Agency to the successful Bidder for a particular project, the successful Bidder shall submit to the Member Agency a Verification Form. Per the act, the successful Bidder's subcontractors shall provide to the Member Agency, and successful Bidder shall cause its subcontractors to provide to the Member Agency, their Verification Forms prior to commencing work on the Member Agency’s project.

Bidders are required to submit the E-Verify form along with any other state required forms to members before commencing work on any project.

I.K.22.m. Prevention of Environmental Pollution. Section 3301 of the Commonwealth of Pennsylvania Procurement Code (Chapter 33 enacted May 15, 1998) requires that all IFBs and RFPs for construction projects issued by any governmental agencies require adherence to all applicable provisions of federal and state statutes, rules and regulations addressing prevention of environmental pollution and preservation of public natural resources that affect the project.

Part I: KPN 202201-04 Trip Hazard Removal Page 19 of 25 I.K.23. Compliance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

When a KPN member seeks to procure goods and services through a KPN contract using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the following procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or new “EDGAR”):

I.K.23.a. Contractor Violation or Breach of Contract Terms:

Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Contractor default and legal remedies are included in Sections I.K.18 and I.K.19 above. Any Contract award will be subject to such provisions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity.

I.K.23.b. Termination for Cause or Convenience:

For any purchase or contract in excess of $10,000 made using federal funds, the contractor agrees that the following term and condition shall apply:

The KPN member may terminate or cancel any purchase order under this a contract at any time, with or without cause, by providing seven (7) business days’ advance written notice to contractor. If an agreement is terminated in accordance with this Paragraph, the KPN member shall only be required to pay contractor for goods or services delivered to the KPN Member prior to the termination and not otherwise returned in accordance with Contractor’s return policy. If the KPN member has paid the contractor for goods or services not yet provided as of the date of termination, the contractor shall immediately refund such payment(s).

I.K.23.c. Equal Employment Opportunity:

Except as otherwise provided under 41 CFR Part 60, all KPN member purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. The Contractor agrees that such provision applies to any KPN member purchase or contract that meets the definition of “federally Part I: KPN 202201-04 Trip Hazard Removal Page 20 of 25 assisted construction contract” in 41 CFR Part 60-1.3 and the Contractor agrees that it shall comply with such provision.

I.K.23.d. Davis-Bacon Act:

When required by Federal program legislation, the Contractor agrees that, for all KPN member prime construction contracts/purchases in excess of $2,000, the Contractor shall comply with the Davis-Bacon Act (40 USC 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, the Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, the Contractor shall pay wages not less than once a week.

Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov.

The contractor agrees that, for any purchase to which this requirement applies, the award of the purchase to the contractor is conditioned upon the contractor’s acceptance of the wage determination. The contractor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

I.K.23.e. Contract Work Hours and Safety Standards Act:

Where applicable, for all KPN member contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, the contractor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, the Contractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

I.K.23.f. Right to Inventions Made Under a Contract or Agreement:

If the KPN member’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization Part I: KPN 202201-04 Trip Hazard Removal Page 21 of 25 regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. The Contractor agrees to comply with the above requirements when applicable.

I.K.23.g. Clean Air Act and Federal Water Pollution Control Act:

Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, the Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.

I.K.23.h. Debarment and Suspension:

Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor certifies that The Contractor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor further agrees to immediately notify the KPN member with pending purchases or seeking to purchase from the contractor if the contractor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549.

I.K.23.i. Byrd Anti-Lobbying Amendment:

Byrd Anti-Lobbying Amendment (31 USC 1352) – Bidders who bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any Part I: KPN 202201-04 Trip Hazard Removal Page 22 of 25 lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Bidders agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).

I.K.23.j. Procurement of Recovered Materials:

For KPN member’s purchases utilizing Federal funds, the contractor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as the District may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

I.K.23.k. Profit as a Separate Element of Price:

For purchases using federal funds in excess of the simplified acquisition threshold currently set at $250,000, the KPN member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b).

When required by the KPN member, the contractor agrees to provide information and negotiate with the KPN member regarding profit as a separate element of the price for a particular purchase. However, the contractor agrees that the total price, including profit, charged by the contractor to the KPN member shall not exceed the awarded pricing.

I.K.23.l. Bonding Requirements:

Pursuant to 2 C.F.R. § 200.326, for construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold currently set at $250,000, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the KPN member, provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(1) A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the Bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
(2) A performance bond on the part of the contractor for one hundred percent (100%) of the contract price. A “performance bond” is one Part I: KPN 202201-04 Trip Hazard Removal Page 23 of 25 executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
(3) A payment bond on the part of the contractor for one hundred percent (100%) of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

The bonding requirements set forth above are in addition to and not in limitation of any bonding requirements under applicable state law.

I.K.23.m. Not-To-Exceed Price:

If requested by the KPN Member, on any contract based on time and materials, the Contractor shall set a ceiling price that Contractor exceeds at its own risk pursuant to 2 C.F.R. § 200.318(j).

I.K.23.n Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms:

Contractor shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring any subcontractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

I.K.23.o Equivalent Products:
(1) Comparable (Alternate) Products: Where the specification states a named product followed by “or equal,” an alternate or comparable product may be bid; however, the burden is on the bidder to provide evidence that a proposed alternate meets or exceeds the KPN specified named product and its attributes and that it provides an equal or better warranty. If comparable product(s) are proposed in the bid, the bidder must provide a detailed comparison for each to Part I: KPN 202201-04 Trip Hazard Removal Page 24 of 25 include a list of all the significant qualities of the product named in the Specification and those of the proposed alternate product(s).

Significant qualities include attributes such as performance, weight, size, durability, visual effect and specific features and requirements indicated. KPN reserves the right to reject proposed alternate products if it does not consider them equal to or better than the named product in the specification.
(2) Substitutions for Cause: A contractor (awarded bidder) may only propose substitutions pursuant to a purchase order submitted by a purchasing KPN member in the event of unavailability of product, regulatory changes or unavailability of required warranty terms. The contractor must notify both KPN and the purchasing member of all substitutions for cause with full documentation at least thirty (30) working days in advance of the commencement of work. All documentation must demonstrate that the proposed substitution is equal to or better than the specified product on all physical and inservice attributes and warranty provisions and can be implemented by subcontractors as necessary without disruption to the project. The purchasing member must approve all substitutions. The KPN members reserves the right to reject proposed alternate products if it does not consider them equal to or better than the named product in the specification.
(3) Substitutions for Convenience: Bidders may not propose substitutions for convenience.

I.K.23.p. Preference for American Made Materials:

Contractor should, as appropriate and to the extent consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, when possible in connection with any services provided to the Eligible Entity.

I.K.23.q. General Compliance and Cooperation with KPN member:

In addition to the foregoing specific requirements, the contractor agrees, in accepting any purchase order or contract from the KPN member, it shall make a good faith effort to work with the KPN member to provide such information and to satisfy such requirements as may apply to the KPN member’s purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements, and contract cost and price analyses required under the Uniform Guidance.

I.L. Exceptions. Bidders may propose exceptions to the KPN General Terms and Conditions set forth in this document using FORM E included in Part III of the bid documents. The following Terms and Conditions are required and exceptions or alternatives to them will be rejected:
all local, state and federal laws cited or referenced in this IFB; all local, state and federal laws which in the future may apply to procurement practices and construction; the schedule of bid activities; and the procedures and rights reserved by KPN in the selection and awarding processes associated with the bid. The proposal of exceptions does not ensure their adoption in the selection and contracting processes. KPN reserves the right to reject exceptions raised by the bidder.

Part I: KPN 202201-04 Trip Hazard Removal Page 25 of 25 I.M Use of Contract. The following states are eligible for piggyback purchasing off of a contract awarded in another state:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

END OF PART I
Part II: KPN 202201-04 Trip Hazard Removal Page 1 of 6
Invitation For Bid
KPN 202201-04 Trip Hazard Removal
PART II: BID CATEGORY SPECIFICATIONS

TABLE OF CONTENTS
Bid Goal and Intent........................................................................................................................... 1 Glossary................................................................................................................................................. 1 Special Terms and Conditions ..................................................................................................... 2 General Specifications..................................................................................................................... 2 Bid Pricing Guidelines..................................................................................................................... 5 Bid Preparation.................................................................................................................................. 6 II.A. Bid Goal and Intent: On behalf of its membership in the fifty United States and the District of Columbia, KPN seeks a contract source of trip hazard removal and may include installation services and associated expertise, training and other associated products and services. Member agencies are primarily school districts, charter schools, colleges and universities, local government offices and other tax-exempt nonprofit agencies.

II.B. Type of Bid: This is an indefinite quantity catalog bid. KPN seeks to establish a discount contract that can be availed by its membership on an as need basis. Inasmuch as this bid contemplates loose products as well as those that may require installation services to be provided by the bidder, the bidder is instructed to use a combined pricing methodology (See Part II, II.F., Pricing Guidelines and Part III, FORM G.1 Pricing). KPN does not guarantee sales which depend on our member’s needs and your sales force promoting the resulting contract.

YES NO TYPE OF BID
√ CATALOG: A catalog bid shall have established percentage discounts from catalog list or published prices or price list. The discounts may be the same for the entire catalog or for specific product or manufacturer categories. Prices may change based on manufacturer’s price changes and new products may be added at the established percentage discounts at any time. Discontinued products may be dropped at any time during the year. KPN should be aware of any changes as they are made. Substantial changes to the catalog that reduce the supplier’s ability to perform as bid can result in revocation of the contract.

Vendor may add associated products or other technology to complement the products in this IFB at any time upon written request to KPN. √ LINE ITEM: A line item bid shall be identified as specific line items that prices are requested for in the bid documents. The supplier may only request adjustments to the prices once a year at the time of renewal and must submit a [KN] KEYSTONE

PURCHASING

NETWORK
Part II: KPN 202201-04 Trip Hazard Removal Page 2 of 6
written request to KPN for any changes in pricing. The request must document why the prices changes are warranted, such as changes in raw material costs, etc. Vendor may add associated products or new technology to compliment the products in this IFB at any time upon written request, review and approval of KPN.

II.C. Glossary of Terms Specific to Bid: The terms identified in Part I of this IFB pertain to the bidding and contracting processes. The terms identified below are associated with the specifications established for this commodity. The failure to list specific laws, codes, guidelines or authorized standards and institutions or organizations does not constitute a waiver of their requirements under this IFB or the contract awarded through it.

Term Definition
ADA Americans with Disabilities Act, which has set guidelines and regulations for building accommodations, including shower and toilet facilities.

ANSI American National Standards Institute, an organization responsible for standards, regulations, testing, procedures and/or guidelines pertinent to the work of this IFB.

ASTM and
ASTMI
American Society for Testing Materials International, an organization that sets standards for manufacturing industries.

NFPA National Fire Protection Association, an organization that sets codes and standards for the minimization of fire risk.

ICC International Code Council, an organization that sets codes and standards for safe building materials and practices.

II.D. Special Terms and Conditions:

II.D.1. This is a bid for trip hazard removal, installation, training and other services as related to this IFB.

II.D.2 This bid requires that bidders demonstrate a minimum of 5 years in providing the requested services, products and materials to schools, colleges and universities and public agencies.

II.D.3. This bid requires that bidders must be able to demonstrate the completion of a minimum of 100 installations of equipment, training and other services as related to this IFB. in the last 5 years.

II.D.4. KPN membership is open to school districts, colleges and universities, local and regional government and other tax-exempt nonprofit agencies in the fifty United States and the District of Columbia. KPN requires certification to do the work of this bid in each state. A bidder is required to include evidence of certification in response to FORM C.1. (Certification of Ability to Serve Members) included in Part III.

II.D.5. The use of brand or proprietary names of systems and products specified in this bid is to establish minimum standards, or where indicated, required or accepted manufacturers.

II.E. Bid Specifications: The bidder is required to indicate its ability to comply or deviate from the specifications identified below through FORM F.1 (Compliance) included in Part III (Bid Forms and Instructions) of this IFB.

Part II: KPN 202201-04 Trip Hazard Removal Page 3 of 6
II.E.1 Deviations, Exceptions and Alternates to Specifications: The issuing agency may specify desired products under this bid by named manufacturer, model number or other designation. Bidders must use FORM F.2 (see Part III, Bid Forms and Instructions) to propose alternatives or substitutions. Comparable products or substitutions must, without exception, meet or exceed all specification requirements, in keeping with the standards of quality established by named manufacturers or models. No substitutions may be made for convenience. Demonstration of how an alternate or substitution product meets or exceeds the standard of quality specified should be provided in the response to FORM F.2. KPN reserves the right to reject any and all proposed alternative products and substitutions.

Requirement Specification
E.1 National Service Supplier is able to serve KPN members in the fifty United States and District of Columbia. Complete FORM C.2 even if you answer “comply.” E.2 Website Supplier agrees to create a special KPN landing page website for KPN members with product information and if applicable a custom ordering website showing KPN contract pricing.

E.3 Marketing Plan Supplier can implement a marketing plan to KPN members in all states indicated above and will meet with KPN staff to develop and implement a comprehensive marketing plan within 30 days after contract award.

E.4 Shipping Time Supplier can guarantee a shipping time after receipt of order 90% of the time. If the product cannot be shipped within the stipulated time period, the KPN member has the opportunity to secure the product elsewhere.

E.5 Discount Pricing Pricing must be a percentage discount from the manufacturers’ suggested list price or percentage up from cost, whichever provides the lowest pricing for the agency.

E.6 Pricing and
Discount Status
“Most Favored Agency” pricing based on a national contract.

E.7 Discount
Structure and
Price Changes
The awarded discount structure must remain firm. Price changes, if required, will be allowed only if the public verified price schedule is superseded, revised or changed after the contract award. The supplier may pass on the applicable price increase or decrease to KPN members provided written notice has been submitted along with the identified price list(s) and priced catalog(s) to KPN for review and written approval prior to the implementation of the price changes.

E.8 Shipping Charges Shipping charges are clearly identified in the pricing schedule.

E.9 Pricing Errors If the supplier makes an error in pricing (typographical or photographic error, for example), KPN members reserve the right to return or refuse a product. The supplier agrees to pay for the cost of a returned product due to a pricing error.

E.10 New Products All products sold under the KPN contract must be new unless members specifically request used, refurbished or retrofitted items.

E.11 Return of
Defective
Products
The supplier agrees that full refund, credit or exchange will be granted to any defective-on-arrival (DOA) merchandise if reported within thirty (30) days of receipt of the order. If orders are received by school district members when school is not in session, the thirty (30) days will be extended for a mutually agreed reasonable period of time.

E.12 Customer Liaison The supplier will appoint a single contact for problem solving under the KPN contract. This will be a dedicated senior-level contract manager authorized to make decisions on the member account.

E.13 Compliance The bidder has included the 2% KPN Administration fee in their discounts and agrees to track and pay KPN on a quarterly basis submit a detailed sales report.

E.14 Trip Hazard
Removal
The Contractor must repair all sidewalk trip hazards from ¼” and up to 2” in designated work areas.

E.15 Trip Hazard
Removal
The Contractor must be able to initiate work within ten (10) days of contract award from customer, and must provide data from current and previous Part II: KPN 202201-04 Trip Hazard Removal Page 4 of 6
projects (as well as customer contact information for those projects) to demonstrate the Contractor’s ability and experience with this type of work.

E.16 Trip Hazard
Removal
The Contractor must remove hazards completely, from one end of the raised sidewalk joint to the other if applicable, leaving an absolute zero point of differential between slabs.

E.17 Trip Hazard
Removal
The Contractor may not use any type of “fill” material that deteriorates or breaks apart over time.

E.18 Trip Hazard
Removal
The Contractor must not cause any damage to landscaping, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks.

If the contractor and/or contractor’s equipment does cause damage to above, the contractor must be notified immediately and damages must be repaired at the contractor’s expense within 24 hours of the time the damage occurred. The footprint of the equipment must fit a 3 to 4 foot wide sidewalk panel.

E.19 Trip Hazard
Removal
The Contractor must completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately.

E.20 Trip Hazard
Removal
The Contractor must provide proof that all concrete and debris is recycled in a proper, environmentally safe manner.

E.21 Trip Hazard
Removal
The Contractor must repair each sidewalk trip hazard without damage or visible markings to adjacent slab(s) or curb(s).

E.22 Trip Hazard
Removal
The Contractor is not allowed to cut the concrete deeper than the opposing slab. If any cutting goes deeper than the opposing slab, they are required to remove and replace the entire concrete panel.

E.23 Trip Hazard
Removal
No water-cooling is allowed which creates slurry and contaminates storm drains or causes excessive environmental impact. The Contractor must use a dust abatement system, which limits the dust emitted from the equipment.

E.24 Trip Hazard
Removal
The Contractor must submit an itemized summary of all repaired hazards which includes:
• The specific hazard height – both high side and low side measurement – in 8ths of an inch
• The calculated unit for measurement shall be the average depth of the trip hazard multiplied by the width resulting in an “inch-foot” total • The total width of actual repair to the nearest ½ foot • The physical location (address) of each repair
E.25 Trip Hazard
Removal
The Contractor shall submit monthly a detailed invoice setting forth the services performed in accordance with the formula for saw cutting calculations
E.26 Trip Hazard
Removal
Inch-feet shall be calculated by multiplying the average depth of the cut by the width of the cut.
• 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:
o (1” + 0”) / 2 x 4’ = 2 inch-feet
o 2 x price per inch foot = $ total cost of trip hazard E.27 Trip Hazard
Removal
All invoices must show the cut depth, size, length, width, address location and inch-feet calculations.

E.28 Trip Hazard
Removal
The Contractor must guarantee specified repair slope (1:8 or 1:12 based upon requirements outlined by the Americans with Disabilities Act) is achieved. If defined slope is not achieved, contractor must repair to specification at no additional charge within 24 hours of discovery.

E.29 Trip Hazard
Removal
The Contractor must guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a coefficient of friction of at least 0.6.

Part II: KPN 202201-04 Trip Hazard Removal Page 5 of 6
II.F. Bid Proposal Pricing Guidelines:

II.F.1. The bidder’s response to this IFB must present pricing using FORM G.1 (see Part III, Bid Forms and Instructions) and by using Price FORM G.2. A bid lacking the Excel pricing schedule with the bidder’s entries will be rejected as nonresponsive. Bidders may also offer other products that are in addition to or compliment the products that are included in the specifications.

II.F.2. Pricing does not include taxes.

II.F.3. Bidders are reminded to incorporate the 2% KPN administrative fee into the pricing structure. The administrative fee cannot be assessed directly or separately to the purchasing member.

II.F.4. Bidders are instructed to include warranty information and incidental charges and fees on additional sheets in the Excel pricing document.

II.F.5. Bidders are instructed to include PDF documents of the most recent catalogs or price lists of products and services offered under the bid. Submission of outdated catalogs or pricelists may result in the rejection of the bid.

II.F.6. As stated in the General Terms and Conditions (see Part I of this IFB), adjustments or revisions to price lists may be submitted to KPN on an annual basis and are subject to KPN approval. Noncompetitive price changes that are not in the best interest of KPN members may be grounds for termination of the contract.

E.30 Trip Hazard
Removal
The hardware must be flush to the ground and capable of working at any angle and perform trip hazard removal in hard-to-reach areas, around obstacles, on narrow walkways, next to fences and retaining walls or buildings.

E.31 Trip Hazard
Removal
Grinding or pulverization of the concrete is NOT acceptable or allowed, causing micro-cracks or weakening the concrete panel. Contractor’s trip hazard repairs may not leave ridges or grooves that could hold water and prevent draining of rain water or irrigation.

E.32 Trip Hazard
Removal
The Contractor must use a data collection device that records the details of the work and transmit the data electronically. The recording device must be able to record sizes of hazards, longitude and latitude coordinates, hazard locations plotted to a map, address, photographs of the original hazards and also provide this data electronically in order to integrate into a GIS system.

E.33 Trip Hazard
Removal
The 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.

E.34 Trip Hazard
Removal
The Contractor must be able to respond to any emergency work within 24 hours of notification.

E.35 Trip Hazard
Removal
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.

E.36 Trip Hazard
Removal
If the Contractor is approached by a pedestrian with questions about the project, the Contractor shall address their concerns in a professional and polite manner.

E.37 Delivery All delivery is considered “inside” unless the purchasing member agency specifies “tailgate.”
E.38 Customer Service The supplier agrees to work, as necessary, with local dealers, distributors and contractors who normally provide and/or install the offered products.

E.39 Customer Service The supplier has sales staff and customer service representatives available to purchasing member agencies in all states.

E.40 Customer Service The supplier has toll-free service numbers staffed during regular business hours.

Part II: KPN 202201-04 Trip Hazard Removal Page 6 of 6
II.G. Bid Preparation: All instructions and required forms for preparing a competitive bid response are included in Part III of this IFB.

END PART II

Part III

BID FORMS AND INSTRUCTIONS
KPN 202201-04 Trip Hazard Removal
Documents Included in Part III
Bid Forms Submittal Instructions
Bid Forms Table of Contents
FORM A: Bid Affidavit
FORM B: Acceptance of Bid and Contract Award
FORM C.1: Questionnaire for Bidder
FORM C.2: Certification of Ability to Serve Members
FORM D: Company Qualifications
FORM E: Exceptions to Terms, Conditions and Specifications FORM F.1: Compliance and Deviations
FORM F.2: Deviations
FORM G.1: Pricing Schedule Submittal Instructions
HOW TO USE THESE FORMS: Forms in this portion of the IFB are PDF fillable documents such that bidder can type into the documents and save. You can download the forms to your computer and type directly on the form and click check boxes for responses. Once each form is completed, sign a hard copy version, scan it and upload to the KPN bidding website.

Instructions are provided below and at the top of each form. If you have questions about these procedures or require assistance, contact Mark Carollo, Associate Director, weekdays except holidays, 8:00 a.m. – 4:00 p.m., Eastern Time, (570) 246-5936 or [email protected].

III.1. Bid Submittal Instructions
III.1.a. Deadlines and time lines: The bid proposal receipt deadline is listed in Part I on page two(2).

Questions regarding bid specifications will be accepted by telephone, (570) 246-5936, or email, [email protected] on weekdays, except for holidays, between 8:00 a.m. and 4:00 p.m., Eastern Time.

VERY IMPORTANT: As the deadline approaches, revisit the bid publishing site, https://kpn.ionwave.net to check for amendments and other updates.

III.1.b. Sealed Bid Format: Submit all bid documents online. Samples that are required must be received by the bid due date and time.

III.1.c. Bid Samples Submission Venue: Bid samples must be sent via UPS, FedEx, to:

Keystone Purchasing Network (KPN)
Attn: Mark Carollo
90 Lawton Lane
Milton, PA 17847
[KN] KEYSTONE

PURCHASING

NETWORK
III.1.d. Online Bid Submission: The Bid Forms and instructions for submitting a complete and competitive bid comprise this section of the IFB.

III.1.d.(1) Each bid form and other information must be named correctly and uploaded to the KPN bidding website.

III.1.d.(2) Include a cover letter that identifies the bid number, the name of the bidding company, the company’s website, the chief contact’s email and telephone number.

III.1.d. Document Development: These Bid Forms are presented in a “fillable PDF” format, which allows electronic completion. Most documents requested in this section also require signatures and thus must be printed out after completion, signed, scanned and saved as separate PDFs, including attachments where appropriate. All documents must be titled with the name of the bidder and the form. All attachment pages must have the bidder’s name at the top.

III.1.e. Bid Proposal Electronic Media Organization: Use the Table of Contents Form as a checklist for organizing the electronic files. Proposals lacking any of the required information may be rejected as nonresponsive. Organization of the materials in a way other than requested may result in the impression that the proposal is incomplete and thus nonresponsive.

Table of Contents: Using the form provided, create a Table of Contents for the bid proposal. Provide this as a filled-in PDF document (does not require a signature) or a document that has been printed, filled-in and scanned to a PDF, and title it Your Company Name Table of Contents. Then upload document to the KPN bidding website.

Bid Affidavit (FORM A): Complete the form provided. A signature of the bidder’s authorized representative is required and a Notary Public must complete this form. Scan to a PDF document and title it Your Company Name Affidavit.

Acceptance of Bid and Contract Award (FORM B): Complete the form provided. A signature of the bidder’s authorized representative is required.

Scan to a PDF document and title it Your Company Name - Acceptance of Bid and Contract Award.

Service Questionnaire (FORM C.1): The Service Questionnaire seeks information about the bidder’s pricing structure and commerce practices.

Complete the form provided. The authorized representative must sign the completed document. Scan to a single PDF document with FORM C.2 below and title it Your Company Name Service Questionnaire.

Certification of Ability to Serve KPN Membership (FORM C.2):

Certification of bidder’s ability to serve in the fifty states and District of Columbia. Sign and scan this form together with FORM C.1 above, to make a single PDF document. as per the instructions at the top of FORM C.1.

Requested copies of state licenses or certifications should be scanned and included with this form.

Company Information (FORM D): The Company Information Form requests incorporation and operational information about the bidding. The authorized representative must sign the completed document. A letter of credit from the bidder’s financial institution is a required attachment. Scan the Form and requested attachments to a single PDF document and title it Your Company Name - Company Information. Summaries of example/reference projects are also requested and should be incorporated as attachments.

Exceptions (FORM E): Exceptions to Terms and Conditions (set forth in Part I of this IFB) and Special Terms and Conditions (Part II) must be noted on FORM E. If there are no exceptions, the form must be returned with the “no exceptions” box checked and signed by the authorized representative. Scan to a PDF document and title it Your company Name - Exceptions.

Compliance (FORM F.1): The Compliance Form seeks the bidder’s ability to fulfill the bid commodity specifications set forth in Part II. The specifications represent the needs and interests of the member agencies and their affiliate members. Alternates or deviations may be proposed unless otherwise specified.

While deviations may be acceptable, the bidder who is able to comply with the greater number of specifications may be considered more responsive. After checking boxes, the authorized representative must sign the form. Scan to a PDF document and title it Your Company Name - Compliance.

Deviations (FORM F.2): Explanations of deviations noted in response to Compliance (FORM F.1) are required on FORM F.2. If there are no deviations, the form must be returned with the “no deviations” box checked. The form must be signed by the authorized representative, scanned to a PDF document and title it Your Company Name - Deviations.

Pricing (FORM G.1): FORM G.1 is intended as the cover document for the bidder’s discount pricing schedule. This form must be signed by the bidder’s authorized representative. Scan to a PDF document and title it Your Company Name - Form G.1 Pricing.

Pricing Schedule (G.2): Create a discount pricing schedule using the spreadsheet provided as FORM G.2 to this IFB, as per the instructions on FORM G.1. Save the document as Your Company Name – Form G.2 Pricing Schedule.

Catalogs and/or Pricelists: Include PDF copies of the bidder’s most recent published catalog(s) or pricelist(s). Save the PDFs as Your Company Name/Type of Catalog.

III.2. BIDDER’S RESPONSIBILITY: It is the bidder’s responsibility to ascertain that all documents submitted have been saved completely and appropriately to the KPN bidding website. Files that cannot be opened by KPN may result in the rejection of the proposal. The CSIU, KPN, its member agencies and authorized representatives are not responsible for bid proposals that are incomplete, unreadable or received after the deadline.

Attachment 4

KEYSTONE

PURCHASING

NETWORK
KPN BID FORM B: ACCEPTANCE OF BID AND CONTRACT AWARD
KPN 202201-04 Trip Hazard Removal
Precision Concrete Cutting
[VA] ([R[[)[)ER
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 labeling the file KPN Bid Form B-- Company Name - Acceptance of Bid Contract Award.

PART I: BIDDER
In compliance with the Invitation For Bid (IFB), the undersigned warrants that I/we have examined 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 certifies 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 ompany ame _ _
3191 N Canyon Rd Provo UT 84604
Company Address City_ State_Zip
Matthew Haney 7T President
Contact Person / / / . / Title _
- President
Authorized Signature (ink only)_[/A-Ar 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 IFB. 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 modification 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 illegal by any appropriate court of law, the remainder of this contract shall not be affected thereby. The term of the contract shal I 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 [nit dlb/a The Keystone Purchasing Network 11 Dr. John Kurelja, Executive Director A\9&ny by&Cu[IVCk hemettt#Lo. ]] 1/12/2022
Awarded this
-----
Contract Number 202201-04

EXTENSION OF AGREEMENT
KPN BID 2022
Contract EXTENSION AGREEMENT made by and between
Precision Concrete Cutting (Vendor)
Category: Trip Hazard Removal
and
The Central Susquehanna Intermediate Unit (CSIU) d/b/a Keystone Purchasing Network (KPN) Agreement being numbered: KPN Contract # KPN-202201-04
Contact: Mark Carollo, 90 Lawton Lane, Milton, PA 17847, (570) 246-5936 The existing Agreement In initially commencing upon award terminates on February 28, 2023; however, the Term of Contract and Extensions in the KPN Bid provides the Agreement may be extended for five (5) additional 12- month periods by mutual written agreement through February 28, 2028. KPN has approved this extension and now the Central Susquehanna Intermediate Unit d/b/a KPN and Vendor desire to extend the Agreement for a term of one (1) year, until February 28, 2024. The contract may be extended upon the approval of the Board of Directors of the Central Susquehanna Intermediate Unit and the Vendor. Upon the signatures of authorized officers of the Central Susquehanna Intermediate Unit and Vendor the Agreement Is hereby extended.

This extension shall be subject to the same Terms and Conditions as contained In the original KPN Bid.

Central Susquehanna Intermediate Unit
Authorized Signature !-kt Date December22,2022
@/
hooraasrare _<,2(<
Typed Name A/A7THE 4le'f
me _Peso0eT
oat _94/o /2?
The Vendor agrees to provide complete information of any deleted and new products or prices as allowed under the headings of "Discontinued Products" and "New Technology and Price Reduction" set forth In the KPN Bid.

NOTE: This agreement must be received at the KPN office at the Central Susquehanna Intermediate Unit on or before January 31, 2023 at 4:00 p.m.

If you as the Vendor do not want to extend the contract, please sign below and return this agreement to the KPN office at the Central Susquehanna Intermediate Unit by January 31, 2023 at 4:00 p.m.

Discontinue: We desire to discontinue the contract, effective February 28, 2023.

Authorized Signature _Title
Typed Name Date _

EXTENSION OF AGREEMENT
KPN BID 2022
Contract EXTENSION AGREEMENT made by and between
Precision Concrete Cutting (Vendor)
Category: Trip Hazard Removal
and
The Central Susquehanna Intermediate Unit (CSIu) d/b/a Keystone Purchasing Network (KPN) Agreement being numbered: KPN Contract # KPN-202201-04
Contact: Mark Carollo, 90 Lawton Lane, Milton, PA 17847, (570) 246-5936 The existing Agreement in initially commencing upon award terminates on February 28, 2023; however, the Term of Contract and Extensions In the KPN Bid provides the Agreement may be extended for five (5) additional 12- month periods by mutual written agreement through February 28, 2028. KPN has approved this extension and now the Central Susquehanna Intermediate Unit d/b/a KPN and Vendor desire to extend the Agreement for a term of one (1) year, until February 28, 2025. The contract may be extended upon the approval of the Board of Directors of the Central Susquehanna Intermediate Unit and the Vendor. Upon the signatures of authorized officers of the Central Susquehanna intermediate Unit and Vendor the Agreement is hereby extended.

This extension shall be subject to the same Terms and Conditions as contained In the original KPN Bid.

Central Susquehanna Intermediate Unit
Authorized Signature M- 4h "(4oft Date January 18,2024
Vendor
The Vendor agrees to provide complete information of any deleted and new products or prices as allowed under the headings of "Discontinued Products" and "New Technology and Price Reduction" set forth in the KPN Bid.

NOTE: This agreement must be received at the KPN office at the Central Susquehanna Intermediate Unit on or before February 15, 2024 at 4:00 p.m.
lf you as the Vendor do not want to extend the contract, please sign below and return this agreement to the KPN office at the Central Susquehanna Intermediate Unit by February 15, 2024 at 4:00 p.m.

Discontinue: We desire to discontinue the contract, effective February 28, 2024.

Authorized/gnature _[itle _
Typed Name Date _

EXTENSION OF AGREEMENT
KPN BID 2022
Contract EXTENSION AGREEMENT made by and between
Precision Concrete Cutting (Vendor)
Category: Trip Hazard Removal
and
The Central Susquehanna Intermediate Unit (CSIU) d/b/a Keystone Purchasing Network (KPN) Agreement being numbered: KPN Contract # KPN-202201-04
Contact: Mark Carollo, 90 Lawton Lane, Milton, PA 17847, (570) 246-5936 The existing Agreement in initially commencing upon award terminates on February 28, 2023; however, the Term of Contract and Extensions in the KPN Bid provides the Agreement may be extended for five (5) additional 12- month periods by mutual written agreement through February 28, 2028. KPN has approved this extension and now the Central Susquehanna Intermediate Unit d/b/a KPN and Vendor desire to extend the Agreement for a term of one (1) year, until February 28, 2026. The contract may be extended upon the approval of the Board of Directors of the Central Susquehanna Intermediate Unit and the Vendor. Upon the signatures of authorized officers of the Central Susquehanna Intermediate Unit and Vendor the Agreement is hereby extended.

This extension shall be subject to the same Terms and Conditions as contained in the original KPN Bid.

Central Susquehanna Intermediate Unit
Authorized Signature TT" 'TDate November21,2024
van. /
Authorized Signature
-tt;..=Ea--'--½�--...-. -CJ< -.__ --Title
---'P.__,_er .,,._,.sc,..:di.,,_e.,,.__,_n ..... t _
Typed Name _Matthew HaneyDate 12/07/24
The Vendor agrees to provide complete information of any deleted and new products or prices as allowed under the headings of "Discontinued Products" and "New Technology and Price Reduction" set forth in the KPN Bid.

NOTE: This agreement must be received at the KPN office at the Central Susquehanna Intermediate Unit on or before December 20, 2024 at 4:00 p.m.

If you as the Vendor do not want to extend the contract, please sign below and return this agreement to the KPN office at the Central Susquehanna Intermediate Unit by December 20, 2024 at 4:00 p.m.

Discontinue: We desire to discontinue the contract, effective February 28, 2025.

Authorized Signature Title _
l\pod[amne_Lale

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