Emeryville City Council
September 1, 2026

bid and was selected, and the City entered into a separate contract on March 5, 2026.

Monarch completed the project work on July 14, 2026. The City seeks to file a notice of completion for both above contracts completed by Monarch.

Staff has inspected the completed work and collected the EBMUD Certificates of Compliance for the subject project parcels. Monarch will continue to meet warranty and post-completion obligations.

STRATEGIC PLAN CONNECTION (IF APPLICABLE)
The project falls under Strategic Plan Project 23 as this item covers all projects in the City’s Capital Improvement Program but does not have a stand-alone Strategic Plan Project Number.

FISCAL IMPACT
This Project titled Rehabilitation of City Sewer Laterals, CIP# FM-15, Project #20650006 was included in the FY2023-2028 Capital Improvement Program. The funding source for this project is Fund 650, Major Maintenance Fund.

Monarch Plumbing and Rooter Inc. completed the work for the project, including amendments to the original contract, for a total amount of $247,165.00. There were sufficient funds available to cover all costs.

STAFF COMMUNICATION WITH THE PUBLIC
Staff has not communicated with the public.

CONFLICT OF INTEREST
There is no conflict of interest.

CONCLUSION
Staff recommends approval of the above-titled resolution.

PREPARED BY: Nik Ignacio, Associate Civil Engineer

ATTACHMENTS
▪ Attachment A – 1st Monarch Contract
▪ Attachment B – Resolution 25-024
▪ Attachment C – 2nd Monarch Contract
▪ Draft Resolution

C A L I F O R N I A

PROFESSIONAL SERVICES CONTRACT

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

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THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of the “Effective Date”), by and between THE CITY OF
EMERYVILLE, a municipal corporation, (“City”) and MONARCH PLUMBING AND ROOTER INC.(“ Contractor”), individually referred to as a “Party” and collectively as the Parties”.

WITNESSETH THAT
WHEREAS, the City desires to engage Contractorfor Sanitary Sewer Lateral pressure testing and repair services; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide such services; and, WHEREAS, the public interest will be served by this Contract; and NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. SCOPE OF SERVICES AND TERMINATION DATE

1.1 Project Description
A complete project description is set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.

1.2 Services
The services to be completed under this Contract (“Services”) are described in the Scope of Work set forth in Exhibit A. The Services shall be performed in accordance with terms, conditions, and specifications set forth herein. To the extent there is a conflict between the Scope of Work, and the terms, conditions, and specifications set forth herein, the terms, conditions, and specifications set forth herein shall govern.

FM-15
20650006
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1.3 Schedule and Completion Date
The Services to be provided by Contractor under this Contract shall commence on the Effective Date and terminate on JUNE 30, 2025. The Parties may, by mutual, written consent, extend the term of this Contract.

2. WORK CHANGES

2.1 City Rights to Change
The City reserves the right to order changes in the Services to be performed under this Contract by altering, adding to or deducting from the Scope of Work. All such changes shall be incorporated in amendments executed by the Contractor and the City. Such amendments shall specify the changes ordered and any necessary adjustment of compensation and completion time.

2.2 Additional Work Changes
Any work added to the Scope of Work by an amendment shall be executed under all the applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in an amendment duly executed on behalf of the City and the Contractor.

2.3 City Manager Execution
The City Manager has authority to execute without further action of the Emeryville City Council, any number of amendments so long as their total effect does not materially alter the terms of this Contract or increase the total amount to be paid under this Contract, as set forth in Section 3.2 below.

3. COMPENSATION AND METHOD OF PAYMENT

3.1 Compensation for Services Performed
City agrees to pay the Contractor for the Services performed and costs incurred by Contractor upon certification by the City that the Services were actually performed and costs actually incurred in accordance with the Contract. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Services performed and costs incurred. The City shall pay the Contractor within forty-five (45) days after approval of the invoice by City staff.

3.2 Total Compensation Amount
The total amount paid under this Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($75,000.00), except as outlined in Section

2.3 above. The compensation for Services performed shall be as set forth in Exhibit A.

Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail City of Emeryville | Professional Services Contract
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charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.

4. COVENANTS OF CONTRACTOR

4.1 Assignment of Contract
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them.

4.2 Responsibility of Contractor and Indemnification of City To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract.

If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

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4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.

4.4 Insurance
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

4.5 Records, Reports and Audits

4.5.1 Records
A. Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.

B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible.

4.5.2 Reports and Information
Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Contract in the form requested by the City.

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4.5.3 Audits and Inspections
At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Contract. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract.

4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings, contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.

4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.

4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.

4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.

All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.

4.10 Key Personnel
The Project Manager is necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s City of Emeryville | Professional Services Contract
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approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.

4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.

4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.

4.13 City Labor Requirements

4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is ;; required / not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.

4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to City of Emeryville | Professional Services Contract
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Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.

4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.

4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than

18.54 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.

4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code , to the extent it is applicable.

4.14 California Labor Requirements

4.14.1 Prevailing Wage Requirements
Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects Prevailing Wage Laws”). If the Services are being performed as part of an applicable public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), City of Emeryville | Professional Services Contract
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employment of apprentices (Labor Code Section 1777.5), certified payroll records Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

4.14.2 Registration
If the Services are being performed as part of an applicable “public works” or maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

4.14.3 Labor Compliance Oversight
This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

4.14.4 Workers’ Compensation
Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:

I am aware of the provisions of section 3700 of the California 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.” City of Emeryville | Professional Services Contract
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4.14.5 Event of Default
Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.

5. TERMINATION
A. The City shall have the right to terminate this Contract for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date.

B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.

C. Upon termination, City shall provide for payment to the Contractor for Services rendered and expenses incurred prior to the termination date.

D. Upon receipt of a termination notice the Contractor shall: (1) promptly discontinue all Services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Contract, whether completed or in process, in the form specified by the City.

E. Notwithstanding anything to the contrary, this Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.

F. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Contract or at law or in equity.

6. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.

7. ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.

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8. SUCCESSORS AND ASSIGNS
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.

9. APPLICABLE LAW AND ATTORNEY’S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.

The prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.

10. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.

11. BUSINESS TAX CERTIFICATE
Prior to commencement of the Services to be provided hereunder, Contractor shall apply to the City of Emeryville Finance Department for a business tax certificate, pay the applicable business tax and maintain said business tax certificate during the term of this Contract, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.

12. NOTICES

12.1 Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work and invoices shall be exchanged between Nik Ignacio for the City and Jose Inguanzo for the Contractor:

CITY CONTRACTOR
Nik Ignacio, Associate Civil Engineer
Phone No: 510-596-4389
E-Mail : [email protected]
Jose Inguanzo
Phone No: 510-415-4969
E-Mail : [email protected]
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12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:

CITY CONTRACTOR
Mohamed Alaoui, Public Works Director
1333 Park Ave
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:

Nik Ignacio, Associate Civil Engineer
1333 Park Ave
Emeryville, California 94608
Phone No: 510-596-4389
E-Mail : nikolas.ignacio@emeryville. org
Jose Inguanzo, President
PO Box 55664
Hayward, CA, 94545
Phone No: 510-398-8478
E-Mail : [email protected]

13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.

14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

15. NON-EXCLUSIVITY
City reserves right to employ other contractors in connection with the Services covered under this Contract.

16. ASSIGNMENT OR TRANSFER
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City.

Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

18. OTHER REQUIREMENTS
Compliance with terms and conditions set forth in Exhibit C is required / not required for this Contract. Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) when attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, Exhibit C shall control.

SIGNATURES ON FOLLOWING PAGE
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19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
Adam Politzer, Interim City Manager
Dated: MONARCH PLUMBING AND ROOTER INC.

Signature)
Jose Inguanzo, President
Attach:

W-9 Form
Attach:

Business License Certificate
RESOLUTION NO. 25-24
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Approve A First Amendment To The Existing $ 75,000 Agreement With Monarch Plumbing And Rooter Inc. For Sanitary Sewer Testing And Repair Services In The Amount Of $229,978.00 For A Total Contract Amount Of $304,978, And Appropriating $ 248,514.00 To The Rehabilitation Of City Sewer Laterals Project CIP# FM-15, Project No. 20650006 From Fund 650
WHEREAS, on October 22, 2024, the City of Emeryville ( City) entered into a contract with Monarch Plumbing and Rooter Inc. (Monarch) for Sanitary Sewer Lateral pressure testing and repair services for City-owned sewer laterals in the amount of $75,000; and WHEREAS, Monarch has completed the completed the pressure testing scope of services and provided the City with cost estimate to execute a round of repairs and further investigation of the City Sewer Laterals in the amount of $231,258.00; and WHEREAS, $ 1,280.00 of contract capacity remains available under the current contract with Monarch; and
WHEREAS, the City is named as a defendant in the Final Consent Decree of Consolidated Case Numbers C 09-00186- RS and C 09-05684- RS (CD); and WHEREAS, the CD compels the City to ensure that all sewer laterals that serve City Properties and/or City-owned sewer laterals are in compliance; and WHEREAS, the Rehabilitation of City Sewer Laterals Project is CIP# FM-15, Project No. 20650006 and financed by the Major Maintenance Fund, Fund 650; and WHEREAS, there exists adequate funding in the Major Maintenance Fund, Fund 650; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a First Amendment to the Professional Services Contract with Monarch Plumbing and Rooter Inc. for additional services as described in Exhibit A-1; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the total compensation for the First Amendment to the Professional Services Contract with Monarch shall be increased by $ 229,978 for a total contract amount not to exceed $ 304,978, and appropriate $ 248,514 from Fund 650 to CIP Project# FM-15, Project No. 20650006.

Docusign Envelope ID: 97935EEB- CF86-49A8-9C86-86D7124F9D85 Resolution No. 25-24
First Amendment of Contract to Rehabilitate City Sewer Laterals City Council Meeting | April 1, 2025

ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, April 1, 2025, by the following vote:

AYES: 5
Mayor Mourra, Vice Mayor Kaur and Council Members Priforce, Solomon and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
Exhibit A– First Amendment of the Professional Services Contract Docusign Envelope ID: 97935EEB- CF86-49A8-9C86-86D7124F9D85 251,$
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C O N S T R U C T I O N C O N T R A C T
THIS CONSTRUCTION CONTRACT (“Contract”) is effective as of the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and MONARCH PLUMBING AND ROOTER INC (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

W I T N E S S E T H T H A T
WHEREAS, by Resolution No. , the City Council of the City of Emeryville has authorized the Director of Public Works to solicit public bids for Sanitary Sewer Lateral Repair and Rehabilitation; and
WHEREAS, the City has conducted a public bidding procedure in compliance with all applicable laws; and
WHEREAS, Contractor submitted the lowest responsible bid; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. CONTRACT DOCUMENTS
The following documents, including their respective exhibits and addenda (collectively Contract Documents"), are by this reference incorporated in and made a part of this Contract in the following order of precedence:

Construction Contract
Exhibit A –
Addenda to Project Specifications
Project Specifications
Addenda to Project Plans
Project Plans
Contractor’s Bid and Proposal (as accepted by City)
Exhibit B – Contract Insurance Requirements
Exhibit C – City Supplemental Terms and Conditions
Exhibit D – Required Bond Documents

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV01/ 2025

C A L I F O R N I A
Docusign 04549F0E4C57Docusign Envelope Envelope ID: ID: 98852D89- 7D4ADD28-31CA- CE4A-44A8-41F-8583- 9C76-C679B2508583 20650006N/ A
1525066E- 0000-PW04 FM03/05/2026
City of Emeryville | Construction Contract
REV01/ 2025

Attachment A – City of Emeryville Standard Specifications ( online only) http://www.ci.emeryville.ca.us/132/City-Standards
http://www.ci.emeryville.ca.us/348/City-Standard-Specifications Attachment B – State of California Department of Transportation Standard Plans online only)
http://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications Attachment C – State of California Department of Transportation Standard Specifications ( online only)
http://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications Any and all future amendments to this Contract will be incorporated as Construction Contract Amendments as needed.

2. SCOPE OF WORK
In conformance with the Contract Documents, Contractor will furnish, all labor, materials, equipment, incidentals, transportation, and disposal for services required in order to perform and complete the Project.

3. PRICE
The total amount to be paid under this Contract for all of the work set forth in Section 2 above is FIFTY NINE THOUSAND SIX HUNDRED THIRTY EIGHT DOLLARS AND NO CENTS ($59,638.00) ("Total Contract Price"). This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract.

4. TIME FOR COMPLETION
After the Contract has been executed by City, Contractor shall begin work within seven 7) calendar days after the effective date of the Notice to Proceed issued by City and shall diligently prosecute the work to completion within thirty-five (35) working days from the effective date of the Notice to Proceed. Liquidated Damages in the Amount of 1,000.00 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.

5. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs Docusign 04549F0E4C57Docusign Envelope Envelope ID: ID: 98852D89- 7D4ADD28-31CA- CE4A-44A8-41F-8583- 9C76-C679B2508583 City of Emeryville | Construction Contract
REV01/ 2025

and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons

6. INSURANCE
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

7. NO WAIVER
Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

8. NOTICES
Any notice required to be given by this Contract will be in writing and deemed effective upon personal delivery, or 1 business day after being sent via registered or certified mail return receipt requested or by overnight commercial courier providing next business day delivery and addressed to the following respective parties:

Docusign 04549F0E4C57Docusign Envelope Envelope ID: ID: 98852D89- 7D4ADD28-31CA- CE4A-44A8-41F-8583- 9C76-C679B2508583 City of Emeryville | Construction Contract
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CITY CONTRACTOR
Mohamed Alaoui, Public Works Director
1333 Park Ave
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : mohamed.alaoui@emeryville. org
Jose Inguanzo, President
PO Box 55664
Hayward, CA 94545
Phone No: 510-398-8478
E-Mail : jose@monarchplumbinginc. com
with a copy to:

Nikolas Ignacio, Associate Civil Engineer
1333 Park Ave
Emeryville, California 94608
Phone No: 510-596-4304
E-Mail : [email protected]

9. ENTIRE CONTRACT
This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.

10. AUTHORITY TO CONTRACT
Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.

SIGNATURES ON FOLLOWING PAGE
Docusign 04549F0E4C57Docusign Envelope Envelope ID: ID: 98852D89- 7D4ADD28-31CA- CE4A-44A8-41F-8583- 9C76-C679B2508583 City of Emeryville | Construction Contract
REV01/ 2025

11. SIGNATURE PAGE TO CONSTRUCTION CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
LaTanya Bellow, City Manager
Dated: MONARCH PLUMBING AND ROOTER INC.

Signature)
Jose Inguanzo, President
Docusign Envelope ID: 98852D89- 31CA-44A8-8583-04549F0E4C57 01/27/2026
Docusign Envelope ID: 7D4ADD28- CE4A- 441F-9C76-C679B2508583 03/05/2026
CHANGE ORDER NO. 01
Project: City of Emeryville – City Hall Building
Location: 1333 Park Avenue, Emeryville, CA
Prepared By: Monarch Plumbing and Rooter, Inc.

Contractor License #: 101-4475
Date: October 8, 2025
Prepared For: City of Emeryville – Public Works Department Description of Additional Work
This Change Order covers additional work requested by the City of Emeryville to complete the replacement, rehabilitation, and abandonment of existing sewer laterals at the City Hall Building and Doyle- Hollis Park (61st Street). All work includes coordination with City staff, public access management, and full site restoration to match existing decorative finishes.

Scope of Work

1. Upper Lateral – Hollis Street Side
Excavate and replace approximately 35 LF of 4" lateral from building to sidewalk. Install new two-way cleanout and SDR-26 PVC pipe. Compact and restore surface to existing conditions.

Revised Cost: $ 12,805.00
2A. Park Avenue Lateral – Pipe Bursting Method
Replace approx. 65 LF of 6" clay lateral from building to city main using trenchless pipe bursting. Install new HDPE SDR-17 pipe and new two-way cleanout. Provide full traffic control, coordinate with City officials and staff, and restore all decorative brickwork and concrete.

Revised Cost: $ 28,568.00
2B. Park Avenue Lateral – CIPP Lining Method
CCTV inspect, clean, and line approx. 65 LF of 6" clay lateral using cured-in-place pipe (CIPP) method.

Reinstate services, restore decorative brickwork, and coordinate with City officials for access and inspection.

Revised Cost: $25,837.00

3. Abandonment of (3) Additional Laterals – Park Avenue Side Locate and cap (3) abandoned laterals at the main. Remove surface cleanouts and restore all disturbed areas per City standards.

Revised Cost: $ 9,360.00

4. Optional Work – Doyle-Hollis Park (61st Street)
Abandon and remove ( 2) inactive laterals including cleanouts and caps at main. Restore surfaces and coordinate inspection with Public Works.

Revised Cost: $ 8,905.00
Summary of Costs
Description Adjusted Cost

1. Hollis Side Upper Lateral Replacement $ 12,805.00
EXHIBIT A-2
Docusign 04549F0E4C57Docusign Envelope Envelope ID: ID: 98852D89- 7D4ADD28-31CA- CE4A-44A8-41F-8583- 9C76-C679B2508583 2A. Park Ave Lateral – Pipe Bursting $ 28,568.00
2B. Park Ave Lateral – CIPP Lining $ 25,837.00

3. Abandonment of 3 Laterals – Park Ave $ 9,360.00

4. Optional – Doyle- Hollis Park Abandonment $ 8,905.00 Total Change Order Amount ( Option A – Pipe Bursting): $ 50,733.00 Total Change Order Amount ( Option B – CIPP Lining): $47,002.00 Optional work may be added upon written authorization.) Notes and Inclusions
Includes permit fees, traffic control, and coordination with City inspectors.

Restoration includes decorative brickwork, concrete, and asphalt finishes.

All excavations meet OSHA trench safety and confined space standards.

Work will comply with EBMUD PSL and City of Emeryville requirements.

Exclusions
Unforeseen underground obstructions or utilities.

After-hours or weekend work.

Additional surface restoration beyond identified work zones.

Warranty
All trenchless installations include a 10-year warranty.

Open-trench and restoration work includes a 1-year warranty on workmanship and materials.

Authorization
Authorized By Signature Date
City of Emeryville – Public Works _________________________________ Monarch Plumbing and Rooter, Inc._________________________________ 10/08/2025 TOTAL INCLUDING OPTIONAL WORK:
12,805 + 28,568 + 9,360 + 8,905) = $ 59,638.00
Docusign 04549F0E4C57Docusign Envelope Envelope ID: ID: 98852D89- 7D4ADD28-31CA- CE4A-44A8-41F-8583- 9C76-C679B2508583 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE ACCEPTING

THE WORK AND DIRECTING THE CITY ENGINEER TO FILE A NOTICE OF

COMPLETION WITH THE COUNTY RECORDER FOR THE CITY SEWER LATERAL

REHABILITATION PROJECT PERFORMED BY MONARCH PLUMBING AND ROOTER INC. FOR CIP PROJECT NUMBER 20650006 (FM-15)
WHEREAS, on October 22, 2024, City Council awarded a contract to Monarch Plumbing and Rooter Inc. (Monarch) to perform rehabilitation and repair of sanitary sewer laterals serving City-owned properties throughout the City; and
WHEREAS, on April 1, 2025, City Council passed Resolution No. 25-24 amending the contract capacity to not exceed $304,978.00; and
WHEREAS, the contract capacity was reached but further required work remained; and WHEREAS, on March 5, 2026, the City Manager authorized the award of a new contract to Monarch after an open bidding process; and
WHEREAS, Monarch completed the work on July 14, 2026; and WHEREAS, the final contract amount is for $247,165.00; and WHEREAS, the final contract amount is within the budgeted amount of the project; and WHEREAS, all the work for the contract has been completed and inspected by City staff; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville hereby accepts the Project as Complete and directs the City Engineer to file a Notice of Completion with the Alameda County Recorder for the City Sewer Lateral Rehabilitation Project CIP Project Number 20650006 (FM-15) for both contracts.

Resolution No. _____
City Sewer Lateral Rehab Project Acceptance
City Council Meeting | September 1, 2026

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held September 1, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL
[THIS PAGE INTENTIONALLY LEFT BLANK]
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: September 1, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Mohamed Alaoui, Public Works Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SECOND

AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH
PRECISION CONCRETE INC. FOR ON-CALL SIDEWALK SURVEY AND

REPAIRS AS PART OF THE SUSTAINABLE STREETSCAPES
PROJECT (SUT-01) TO EXTEND THE CONTRACT TERM TO
DECEMBER 31, 2027

RECOMMENDATION
The staff recommends adopting the above-titled resolution.

BACKGROUND
In Fiscal Year 2021/22, the City contracted with Precision Concrete Cutting (PCC) to saw-cut trip-and-fall hazards and to identify concrete sidewalks needing removal and replacement. This initial work was completed in Fiscal Year 2021/22. The project was limited to sidewalks west of Interstate 80 and for spot locations throughout the City. The project did not include funding for saw-cut repairs citywide. However, the project scope included citywide identification of sidewalks requiring rehabilitation and sidewalks requiring removal and replacement. This citywide survey and conditional assessment has been completed. The City is generally responsible for maintaining sidewalks on the frontages of low-density residential properties in accordance with the Emeryville Municipal Code.

The first contract amendment approved funding for two key scope items: saw-cutting the sidewalks in front of low-density residential properties identified as part of the citywide survey, and on-call sidewalk trip-and-fall rehabilitation services. The amendment extended the term of the agreement for on-call services through December 31, 2026.

The Capital Improvement Program adopted by the City Council in June 2023 includes funding for Sustainable Streetscapes (SUT-01) that includes rehabilitation and maintenance of City streets and to ensure that City sidewalks meet ADA obligations.

DISCUSSION
The purpose of saw-cutting is to improve the safety of the sidewalks by eliminating defects that make the facilities non-compliant with ADA standards of construction.

Second Amendment to the On-Call Sidewalk Repair Contract City Council Meeting | September 1, 2026

Further, mitigating the defects minimizes or eliminates trip-and-fall hazards on the sidewalks that could lead to claims against the City. In addition, having the contractor on an on-call basis will allow the City to respond to public complaints in an expeditious manner by surveying the general location provided in the complaint and potentially rehabilitating the hazard if any are identified. The contractor’s proprietary saw-cutting technology will also minimize sidewalk closure time during rehabilitation more so than with traditional saw-cutting methods used throughout the sidewalk maintenance industry.

The proposed second contract amendment will extend the existing contract with PCC through December 31, 2027 with no increase to the current maximum contract amount of $253,000. Should staff determine the continued need for such services at expiration of this contract, the City may issue a new Request for Proposals to confirm scope and obtain updated proposals.

STRATEGIC PLAN CONNECTION
The goal of this project is to rehabilitate City sidewalks and therefore is consistent with Section 23 “CIP Projects” of the Strategic Plan.

FISCAL IMPACT
N/A

STAFF COMMUNICATION WITH THE PUBLIC
The staff has had no communication with the public.

CONFLICT OF INTEREST
N/A

CONCLUSION
Staff recommends adopting the above-titled resolution.

PREPARED BY: Nik J Ignacio, Associate Civil Engineer

ATTACHMENTS
▪ Attachment A – Original Contract
▪ Attachment B – First Amendment
▪ Attachment C – Resolution 23-117
▪ Draft Resolution
➢ Exhibit A- 2nd Amendment

C A L I F O R N I A

M A I N T E N A N C E S E R V I C E S C O N T R A C T

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV 06/2020
THIS MAINTENANCE SERVICES CONTRACT (“Contract”) is made and entered into as of ____________________ (“Effective Date”) by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and PRECISION CONCRETE CUTTING (“Contractor”), individually referred to as a “Party” and collectively as the Parties.”

W I T N E S S E T H T H A T
WHEREAS, Contractor submitted a proposal for FY 22/23 Concrete Shaving Project, and
WHEREAS, City has determined that Contractor is qualified by training and experience to render such services; and
NOW, THEREFORE, the Parties mutually agree as follows:

1. AWARD OF CONTRACT

1.1 Contract Documents
The Contract Documents shall include this Contract, including all exhibits attached hereto, and any Plans and Specifications, Notice to Contractors, Contractor’s Proposal, Addenda and Change Orders. In the event of any conflict between the printed provisions of this Contract and those of Contractor’s offer of acceptance, the provision of this Contract shall prevail.

1.2 Scope of Work
In conformance with the Contract Documents, Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship and disposal required in order to provide the maintenance services (“Work”) as described in Exhibit A, attached hereto. Any quantities for work are estimates. The City does not guarantee any level of work under this Contract. The City, in its discretion, reserves the right to hire or contract with others to do the work set forth in the Contract.

1.3 Price
A. The Contractor shall be compensated for Work in accordance with the lump sum and rates set forth in Exhibit A. The specified compensation will stay in effect for the duration of this Contract. Should the Contractor fail to perform the Work in accordance with the Contract, a corresponding deduction in any recurring amounts owed under Exhibit A will be made by the City.

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 22067E-0000-PW04
N/A
N/A
N/A
12/20/2022
City of Emeryville | Maintenance Services Contract
REV 06/2020

B. Overtime rates for extra work, if any, shall be charged as specified in Exhibit A.

C. The total amount to be paid under this Contract shall not exceed the sum of FORTY-FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00) (“Total Compensation”). An allowance in an amount not to exceed ZERO DOLLARS AND NO CENTS ($0.00) is included in the Total Compensation for extra work as described in Exhibit A should it be needed. The Contractor shall not perform any extra work unless approved in writing by the City Public Works Director.

1.4 Payment
Contractor shall invoice City not more frequently than once a month for the Work performed. Compensation shall be paid to Contractor upon receipt and approval by City of invoices setting forth in detail the Work performed. City shall pay Contractor within forty-five (45) days after approval of the invoice by City staff.

1.5 Term
This Contract shall begin on the Effective Date and shall terminate on DECEMBER 31, 2023.

1.6 Annual Compensation Adjustment
This Contract is / is not awarded pursuant to a request for qualifications or proposals, seeking a multi-year contract. If this Contract is awarded pursuant to a request for qualifications or proposals, the Contractor may increase its rates at a percentage no greater than the percent increase in the March to March San Francisco/Oakland Metropolitan Area Consumer Price Index as released by the United States Department of Labor on a yearly basis with a maximum inflation increase of 5% per year, upon written notice to the City at least sixty (60) days in advance of the new rates taking effect.

2. PROSECUTION OF WORK

2.1 Change Orders
City may, without notice to any sureties, and without invalidating the Contract, at any time: a) make alterations, deviations, additions to or deletions from the Contract Documents; b) increase or decrease the quantity of any item or portion of the Work; c) delete any item or portion of the Work; or d) require extra work, as determined by City to be necessary or advisable. All such Work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered. Any such changes in the Work will be set forth in a written change order issued by City (“Change Order”).

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract
REV 06/2020

The Change Order will specify:

A. The Work to be done in connection with the change to be made; B. The amount of the adjustment of the lump sum and rates set forth in Exhibit A and Total Compensation, if any, and the basis for compensation for the Work ordered; and
C. The extent of the adjustment in the time specified for performance of Work, if any.

A Change Order shall not become effective until it has been signed by the Director of Public Works. Upon receipt of an approved Change Order, Contractor shall promptly proceed with the ordered Work, unless otherwise provided in the approved Change Order.

No changes or deviations from the Contract Documents shall be made without the authority of an approved Change Order, except that in cases of emergency the Director of Public Works may direct a change in writing. A Change Order increasing the Total Compensation under the Contract requires a written amendment to the Contract.

Whenever it appears to Contractor that a change is necessary, Contractor shall immediately notify the Director of Public Works of the change it believes necessary and the reasons for such change; however, work in the area affected shall not be discontinued unless ordered by the Director of Public Works.

2.2 Public Convenience
Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and it shall have under construction no greater length or amount of Work than it can prosecute properly with due regard to the rights of the public. Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to owners of abutting property. Convenient access to driveways, houses and buildings along the line of work shall be maintained, and temporary approaches to roads or highways shall be provided and kept in good condition.

2.3 Safety Requirements
Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the prosecution of the work and all such costs shall be included in the Contract price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract
REV 06/2020

2.4 Inspection
All authorized representatives of City shall have access to the Work. Work and materials not meeting the requirements of City shall be corrected, and unsuitable Work or material may be rejected. Failure on City’s part to reject nonconforming Work shall not be construed to imply acceptance of such Work. Observation by City of the Work shall not relieve Contractor of its responsibility to conduct its own comprehensive inspections of the Work and to furnish materials and perform work in accordance with the Contract Documents.

2.5 Termination

2.5.1 Termination for Cause
City shall have the right to terminate Contractor’s right to proceed with some or all of the Work and may terminate this Contract for default by providing written notice thereof at least five (5) calendar days in advance of the termination date. The term “default” includes, but is not limited to: a) performance of Work in violation of the terms of the Contract or other applicable law, order, regulation, permit or requirement; b) abandonment; c) assignment or subletting without City approval; d) bankruptcy or appointment of a receiver for Contractor’s property; e) refusal of failure to properly prosecute the Work; f) use of materials, supplies, plant or equipment of improper quality or quantity; g) refusal or failure to use an adequate number of properly skilled workers; h) failure to provide proper workmanship; i) failure to take effective steps to end a labor dispute; j) performance of this Contract in bad faith or k) failure to pay subcontractors.

Upon such termination, City shall have the right to complete the Work, or the portion involved, by whatever means and methods it deems expedient, at the Contractor’s expense which the City can deduct from any amounts due Contractor. City at its sole discretion may withhold any payment otherwise due Contractor until completion and final settlement of the Work covered by the notice of default.

2.5.2 Termination without Cause
City may also terminate the Contract for convenience if in the best interests of City upon thirty (30) calendar days’ notice in advance. In such event, Contractor shall be paid for all substantiated direct costs of materials furnished and Work performed up to the date of termination any additional compensation that City deems reasonable.

2.5.3 Termination for Lack of Appropriation
This Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.

Upon receipt of a notice of termination, Contractor shall: a) stop all Work unless directed otherwise; b) take such action to protect materials from damage; c) notify all subcontractors and suppliers that Contract is terminated; d) provide City with inventory list of materials previously produced, purchased or ordered and not yet used in the Work; e) dispose of all materials not used on the Work as directed by City; f) if directed by City, assign all rights and interests of Contractor under subcontracts or orders for the DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract
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project; g) furnish any required documentation; and h) take any other actions as City may direct.

3. CONTRACTOR’S RESPONSIBILITIES

3.1 Responsibility for Damage; Indemnification
Contractor shall be responsible for any loss or damage that may happen to the Work; for any loss or damage to any of the materials of other things used or employed in performing the Work; for injury to or death of any person (including but not limited to workers or the public) from any cause whatsoever; or damage to property from any cause whatsoever.

To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.2 Insurance
Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

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3.3 Payment of Taxes

3.3.1 Taxes Included
The lump sum and rates set forth in Exhibit A shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.

3.3.2 Business Tax
Contractor has and shall maintain a current business license with City of Emeryville during the term of this contract. Contractor shall insert in each of its subcontract Contracts a provision which requires its subcontractors to present proof that the subcontractor has obtained a current business license with City of Emeryville during the term of this contract.

3.4 Permits and Licenses
Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Contract.

Contractor shall comply with all permits applicable to the Work. Contractor has and shall maintain the appropriate State Contractor’s License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.

The California Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which Contractor must obtain from State or local agencies in connection with performing the Work of the Contract. Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the Work.

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3.5 California Labor Code Requirements
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors ( Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

B. If the Work is being performed as part of an applicable “public works” or maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Work must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

C. This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

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D. Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:

I am aware of the provisions of section 3700 of the California 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.” E. Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.

3.6 Warranty
Contractor warrants that all materials and Work furnished (1) shall meet all requirements and conditions of City’s Contract and manufacturer’ s warranty if any; (2) shall be free from defects in design, material; workmanship and methods of installation; and (3) shall be fit for the purposes intended. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and nonconforming. This warranty by the Contractor is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.

Contractor shall correct the Work at its own expense promptly after written notice from City to do so and pay for any damage to other property resulting from such nonconforming Work. If Contractor fails to do so promptly, or in an emergency when delay could cause risk of damage or loss, then City take whatever actions are necessary to have the nonconforming Work removed, replaced or corrected at the expense of Contractor and to recover its damages, costs and expenses, including withholding the amount from any payment that is due or to commencing an action against any performance bond.

Nothing in this section shall be construed to establish a period of limitation with respect to other obligations that Contractor may have under these Contract Documents.

3.7 Independent Contractor Status
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract
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its own acts and those of its subordinates and employees during the term of this Contract.

3.8 Compliance with Laws
All Work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.

3.9 Noncollusion Declaration
By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor’s bid or proposal and that such bid or proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the bid or proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham bid or proposal, or to refrain from bidding or proposing; and that the signatory to this Contract has not in any manner sought by collusion to secure for itself an advantage over other potential proposers.

3.10 Conflicts of Interest
Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City nor business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.

3.11 Discrimination Prohibited
Contractor covenants and agrees that in performing the Work required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.

3.12 Bonds (Required for Contract Prices $25,000 and Greater)

3.12.1 Payment Bond
Required / Not Required
If required for this Contract, before beginning the Work, Contractor shall provide a labor and materials bond in the amount of one hundred percent (100%) of the Total Compensation, and which conforms with the requirements of Civil Code section 9550 et seq., as may be amended from time to time.

3.12.2 Performance Bond
Required / Not Required
If required for this Contract, before beginning the Work, Contractor shall provide a performance bond in the amount of one hundred percent (100%) of the Total Compensation to guarantee the faithful performance of the Work.

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3.12.3 Bond Provisions
Any and all bonds required for this Contract shall be in a form acceptable to the City Attorney. Any such bond must be issued by a corporate surety which is an admitted surety insurer in the State of California. Any bond signed by an agent must be accompanied by a certified copy of such agent’s authority to act. If the surety on any bond provided by Contractor is declared bankrupt or becomes insolvent or it’s right to do business is terminated in any state where any part of the work is located, Contractor shall, within seven (7) days thereafter, substitute another bond and surety in accordance with the requirements set forth herein. Any alteration or alterations made in the Plans and Specifications which are a part of this Contract or in any provision of this Contract shall not operate to release any surety from liability on any required bond and the consent to make such alterations is hereby given. Any surety on such bonds hereby waives the provisions of Section 2819 of the Civil Code.

3.13 City Labor Requirements
A. As of the Effective Date, compliance with the City’s living wage ordinance is required / not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.

B. Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code.

Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.

C. Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.

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D. Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $17.48 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.

E. In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.

4. GENERAL PROVISIONS

4.1 Applicable Law
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.

The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.

4.2 Assignment and Subcontracting
Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.

4.3 Records
Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.

4.4 No Waiver
Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract
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Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

4.5 Notices

4.5.1 Communications Relating to Daily Activities
All communications relating to the day to day activities of the work and invoices shall be addressed to the Ryan O’Connell and Joseph Ortega for the Contractor:

CITY CONTRACTOR
Ryan O’Connell, Senior Civil Engineer
Phone No: 510-596-4346
E-Mail : roconnell@emeryville. org
Joseph Ortega, Vice President
Phone No: 650-576-4303
E-Mail : jortega@pccnorcal. com

4.5.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to City and Contractor, respectively, as follows:

CITY CONTRACTOR
Mohamed Alaoui, Director of Public
Works
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:

Ryan O’Connell, Senior Civil Engineer
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
Joseph Ortega, Vice President
335 Beach Road
Burlingame, CA 94010
Phone No: 650-576-4303
E-Mail : [email protected]

4.6 No Personal Liability
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.

4.7 Entire Agreement
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Contract. No other agreement, statement or promise DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract
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relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.

4.8 Successors and Assigns
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.

4.9 Severability
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.

4.10 Counterparts
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.

4.11 No Third-Party Beneficiaries
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

4.12 Non-Exclusivity
City reserves right to employ other contractors in connection with the Work and Project covered under this Contract.

4.13 Other Requirements
This Contract has / does not have additional requirements set forth in an Exhibit C. If an Exhibit C is attached, then due to the nature of the Work, or due to this Work being funded, in whole or in part, by a third party, Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, the more stringent requirement shall control.

SIGNATURES ON FOLLOWING PAGE
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5. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: PRECISION CONCRETE CUTTING
Signature)
Joseph Ortega, Vice President
Attach:

W-9 Form
Attach:

Business License
Certificate
Attach:

Department of
Industrial Relations
Registration
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 11/09/2022
Attach:

Payment Bond and
Performance Bond
12/20/2022

C A L I F O R N I A

E X H I B I T A
SUBJECT: Maintenance Services Contract: FY22/23 Concrete Shaving Precision Concrete Cutting ( PCC) surveyed City- owned sidewalk concrete on the areas around the length of Powell Street west of Interstate 80, and a portion of W Frontage Road just south of Point Emery. The scope of the survey included recommendations for cutting, shaving, and other repairs at observed defects. In addition, general conditional assessments of observations of the sidewalk areas were included.

The following pages include a map of the surveyed locations in addition to a list of the surveyed locations with a cost quote to perform the recommended repairs. Though the total cost of the $24,176.63, the City intends to award a contract equal to $45,000.00 with the objective of retaining the services of PCC to survey and repair other City- owned sidewalk concrete elsewhere in the City within the 2022-2023 fiscal year. There will be no allowance amount to be included in the contract.

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 REF # 6.28.22.JAO
CUSTOMER: City of Emeryville 2022/ 23 Sidewalk Repairs
C/ O: City of Emeryville
CONTACT: Nik J Ignacio
ADDRESS: 1333 Park Avenue
CITY / ZIP: Emeryville, CA 94608
PHONE: 510-596-4330 x304
PROPERTY LOCATION: W Frontage and Powell St
Total In.Ft. InFt to Cut Total Cost
136. 75 597.81 594.31 $ 24,176.63
No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 1 0 0 0 37. 837976 - 122. 2975 RR 1800 Powell St : Slab lifted past 2in 4 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 1_0.1.00 $ 0.00 2 3 1 9.5 37. 83791 - 122. 2979 1800 Powell St : DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 38 147984_ 2_2.1.38 $ 96. 62 3 2 0 3 37. 83789 - 122. 2982 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 147984_ 3_0.1.38 $ 15. 26 4 3 0 5 37. 837883 - 122. 2984 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 147984_ 4_0.1.94 $ 38. 14 5 4 0 14. 5 37. 837805 - 122. 2984 1800 Powell St : CURBCUT DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 63 147984_ 5_3.1.63 $ 147. 47 6 0 0 0 37. 83783 - 122. 2985 RR 1800 Powell St : middle of slab has hole. 24. 75 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 6_0.1.00 $ 0.00 7 3 0 3 37. 837788 - 122. 2984 1800 Powell St : At crack LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 56 147984_ 7_0.1.56 $ 22. 88 8 7 0 3.5 37. 837753 - 122. 2985 1800 Powell St : LCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 53 147984_ 8_1.1.53 $ 62. 29 9 2 0 2 37. 837781 - 122. 2985 1800 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 25 147984_ 9_0.1.25 $ 10. 17 10 4 1 14 37. 83778 - 122. 2985 1800 Powell St : CURBCUT LCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 38 147984_ 10_4.1. 38 $ 177. 98 11 8 0 2 37. 837811 - 122. 2985 1800 Powell St : LCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 00 147984_ 11_1.1. 00 $ 40. 68 12 12 0 3.5 37. 837778 - 122. 2985 1800 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 63 147984_ 12_2.1. 63 $ 106. 79 13 5 1 13. 5 37. 83777 - 122. 2986 1800 Powell St : LCUT to 11 ATCURB https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png5. 06 147984_ 13_5.1. 06 $ 205. 94 14 5 2 4 37. 837807 - 122. 2986 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 75 147984_ 14_1.1. 75 $ 71. 19 15 5 0 14. 5 37. 837746 - 122. 2986 1800 Powell St : ATCURB LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 53 147984_ 15_4.1. 53 $ 184. 33 16 3 0 2 37. 837738 - 122. 2986 1800 Powell St : LCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 147984_ 16_0.1. 38 $ 15. 26 17 4 0 3.5 37. 837753 - 122. 2986 1800 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 147984_ 17_0.1. 88 $ 35. 60 18 3 1 6 37. 837732 - 122. 2987 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 50 147984_ 18_1.1. 50 $ 61. 02 19 2 0 2.5 37. 837707 - 122. 2987 1800 Powell St : At crack LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 31 147984_ 19_0.1. 31 $ 12. 71 20 2 1 4 37. 83776 - 122. 2988 1800 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 147984_ 20_0.1. 75 $ 30. 51 21 0 0 0 37. 837771 - 122. 2988 RR 1800 Powell St : Curb broken 8.25 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 21_0.1. 00 $ 0.00 22 0 0 0 37. 837766 - 122. 2988 ATTN 1800 Powell St : EBMUD Lid lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 22_0.1. 00 $ 0.00 23 2 1 1.5 37. 837727 - 122. 2988 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 28 147984_ 23_0.1. 28 $ 11. 44 24 3 1 5.5 37. 837677 - 122. 2988 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 38 147984_ 24_1.1. 38 $ 55. 94 25 3 1 5.5 37. 837743 - 122. 2988 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 38 147984_ 25_1.1. 38 $ 55. 94 26 2 1 4.5 37. 837713 - 122. 2988 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 84 147984_ 26_0.1. 84 $ 34. 32 27 3 0 4 37. 837695 - 122. 299 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 147984_ 27_0.1. 75 $ 30. 51 28 3 0 5 37. 837718 - 122. 2989 1800 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 147984_ 28_0.1. 94 $ 38. 14 29 2 1 2.5 37. 837692 - 122. 299 1800 Powell St : At crack LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 47 147984_ 29_0.1. 47 $ 19. 07 30 7 1 1 37. 837686 - 122. 2989 1800 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 50 147984_ 30_0.1. 50 $ 20. 34 31 0 0 0 37. 837712 - 122. 299 ATTN 1800 Powell St : Lid broken. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 31_0.1. 00 $ 0.00 32 3 0 2 37. 837677 - 122. 2991 1800 Powell St : At crack XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 147984_ 32_0.1. 38 $ 15. 26 LEGEND: WW=Walkway SW=Sidewalk CSW= City Sidewalks DW=Driveway GB=Gutter Bed R& R=Remove and Replace ATTN=Attention OG=Old Grind OC=Old Cut AP=Asphalt Patch ASPCUT= Asphalt Cut XCUT= Crossed Lift LCUT= Slab lifter at corner MVCAR= Move Car PTRVL= Path of Travel

SIDEWALK REPAIR DETAILED REPORT
jortega@PCCnorcal. com
650-576-4303 - Cell
650-240-3866 - Fax
417 Harrison Street
Joseph Ortega
Oakland, CA 94607
Precision Concrete Cutting
CSLB # 1032474
Date created - 8/17/2022 1 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 33 7 0 3.5 37. 837688 - 122. 2991 1800 Powell St : At crack XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 53 147984_ 33_1.1. 53 $ 62. 29 34 6 0 4 37. 837688 - 122. 2992 1800 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 50 147984_ 34_1.1. 50 $ 61. 02 35 2 0 1.5 37. 837712 - 122. 2991 1800 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 19 147984_ 35_0.1.9 $ 7.63 36 0 0 0 37. 837698 - 122. 2992 RR 1900 Powell St : Slab lifted past 2in 27. 5 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 36_0.1. 00 $ 0.00 37 9 0 11. 5 37. 83773 - 122. 2992 1900 Powell St : CURBCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png6. 47 147984_ 37_6.1. 47 $ 263. 15 38 2 1 5.5 37. 837672 - 122. 2993 1900 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 03 147984_ 38_1.1. 03 $ 41. 95 39 0 0 0 37. 837659 - 122. 2992 ATTN 1900 Powell St : Water meter lid broken. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 39_0.1. 00 $ 0.00 40 4 1 4 37. 837684 - 122. 2993 1900 Powell St : ATCURB https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 25 147984_ 40_1.1. 25 $ 50. 85 41 0 0 0 37. 837702 - 122. 2993 ATTN 1900 Powell St : Cement around High voltage lid lifted, https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 41_0.1. 00 $ 0.00 42 4 0 5 37. 837602 - 122. 2993 1900 Powell St : ATCURB https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 25 147984_ 42_1.1. 25 $ 50. 85 43 0 0 0 37. 837636 - 122. 2993 ATTN 1900 Powell St : T. V cable lid lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 147984_ 43_0.1. 00 $ 0.00 44 3 2 5.5 37. 837627 - 122. 2994 1900 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 72 147984_ 44_1.1. 72 $ 69. 92 45 3 0 5.5 37. 837568 - 122. 2997 1900 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 03 147984_ 45_1.1. 03 $ 41. 95 46 3 1 5.5 37. 837565 - 122. 2997 1900 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 38 147984_ 46_1.1. 38 $ 55. 94 47 2 0 3 37. 837529 - 122. 2998 1900 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148076_ 47_0.1. 38 $ 15. 26 48 2 0 5 37. 837541 - 122. 2998 1900 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 63 148076_ 48_0.1. 63 $ 25. 43 49 2 2 7 37. 837514 - 122. 2998 1900 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 75 148076_ 49_1.1. 75 $ 71. 19 50 2 0 3 37. 837438 - 122. 3003 2000 Powell St : At crack https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148076_DO50_NOT1. CUT DO NOT CUT 51 4 2 2.5 37. 837448 - 122. 3003 2000 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 148076_ 51_0.1. 94 $ 38. 14 52 2 1 5.5 37. 837391 - 122. 3004 2000 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 03 148076_ 52_1.1. 03 $ 41. 95 53 5 0 24. 5 37. 837418 - 122. 3004 2000 Powell St : CURBCUT LCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png7. 66 148076_ 53_7.1. 66 $ 311. 46 54 2 0 3 37. 837371 - 122. 3005 2000 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148076_ 54_0.1. 38 $ 15. 26 55 3 0 5 37. 837352 - 122. 3005 2000 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 148076_ 55_0.1. 94 $ 38. 14 56 8 3 7 37. 837357 - 122. 3007 2200 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 81 148076_ 56_4.1. 81 $ 195. 77 57 4 0 6.5 37. 837357 - 122. 3007 2200 Powell St : At crack XCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 63 148076_ 57_1.1. 63 $ 66. 11 58 4 0 3 37. 837364 - 122. 3007 2200 Powell St : At crack XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 148076_ 58_0.1. 75 $ 30. 51 59 2 1 5.5 37. 837368 - 122. 3007 2200 Powell St : At crack LCUT to 57. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 03 148076_ 59_1.1. 03 $ 41. 95 60 2 0 4 37. 837341 - 122. 3007 2200 Powell St : At crack https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 50 148076_ 60_0.1. 50 $ 20. 34 61 5 1 4 37. 83733 - 122. 3007 2200 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 50 148076_ 61_1.1. 50 $ 61. 02 62 6 5 1 37. 837345 - 122. 3007 2200 Powell St : At crack LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 69 148076_ 62_0.1. 69 $ 27. 97 63 0 0 0 37. 837311 - 122. 3007 ATTN 2200 Powell St : Cement around storm drain lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 63_0.1. 00 $ 0.00 64 4 0 4 37. 837334 - 122. 3008 2200 Powell St : CURBCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 00 148076_ 64_1.1. 00 $ 40. 68 65 0 0 0 37. 837322 - 122. 3008 RR 2200 Powell St : Slab lifted past 2in 35 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 65_0.1. 00 $ 0.00 66 0 0 0 37. 837349 - 122. 3008 ATTN 2200 Powell St : CATV Lid sunken https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 66_0.1. 00 $ 0.00 67 0 0 0 37. 837315 - 122. 3008 ATTN 2200 Powell St : CATV Lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 67_0.1. 00 $ 0.00 68 2 1 5.5 37. 837265 - 122. 301 2200 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 03 148076_ 68_1.1. 03 $ 41. 95 69 10 5 5.5 37. 837276 - 122. 301 2200 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png5. 16 148076_ 69_5.1.6 $ 209. 76 70 10 3 16 37. 837276 - 122. 3011 2200 Powell St : CURBCUT LCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png13. 00 148076_ 70_13.1.00 $ 528. 84 Date created - 8/17/2022 2 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 71 4 2 5.5 37. 83725 - 122. 3011 2200 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 06 148076_ 71_2.1. 06 $ 83. 90 72 8 6 0.5 37. 837254 - 122. 3011 2200 Powell St : CURBCUT LCUT to 70. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 44 148076_ 72_0.1. 44 $ 17. 80 73 2 0 3 37. 837257 - 122. 3013 2200 Powell St : At crack https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148076_ 73_0.1. 38 $ 15. 26 74 2 0 4 37. 83729 - 122. 3012 2200 Powell St : At crack https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 50 148076_ 74_0.1. 50 $ 20. 34 75 7 0 52 37. 837264 - 122. 3013 2200 Powell St : CURBCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png22. 75 148076_ 75_22.1.75 $ 925. 47 76 4 1 5.5 37. 837248 - 122. 3013 2200 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 72 148076_ 76_1.1. 72 $ 69. 92 77 2 0 1 37. 837279 - 122. 3014 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 13 148076_ 77_0.1.3 $ 5.09 78 6 0 4.5 37. 837261 - 122. 3014 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 69 148076_ 78_1.1. 69 $ 68. 65 79 2 0 2.5 37. 837264 - 122. 3014 2200 Powell St : At crack https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 31 148076_ 79_0.1. 31 $ 12. 71 80 2 0 2 37. 837263 - 122. 3016 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 25 148076_ 80_0.1. 25 $ 10. 17 81 4 0 3.5 37. 837211 - 122. 3016 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148076_ 81_0.1. 88 $ 35. 60 82 5 0 5.5 37. 837262 - 122. 3016 2200 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 72 148076_ 82_1.1. 72 $ 69. 92 83 8 0 4 37. 837232 - 122. 3016 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 00 148076_ 83_2.1. 00 $ 81. 36 84 2 0 1.5 37. 837254 - 122. 3016 2200 Powell St : XCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 19 148076_ 84_0.1.9 $ 7.63 85 4 0 13 37. 837254 - 122. 3016 2200 Powell St : CURBCUT LCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 25 148076_ 85_3.1. 25 $ 132. 21 86 2 0 5 37. 837255 - 122. 3018 2200 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 63 148076_ 86_0.1. 63 $ 25. 43 87 3 0 2 37. 83725 - 122. 3019 2200 Powell St : XCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148076_ 87_0.1. 38 $ 15. 26 88 4 0 3 37. 837259 - 122. 3018 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 148076_ 88_0.1. 75 $ 30. 51 89 8 2 5 37. 837261 - 122. 3018 2200 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 13 148076_DO89_NOT1. CUT DO NOT CUT 90 0 0 0 37. 837234 - 122. 3019 ATTN 2200 Powell St : Water meter lid lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 90_0.1. 00 $ 0.00 91 4 3 0.5 37. 837259 - 122. 3018 2200 Powell St : At crack https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 22 148076_ 91_0.1. 22 $ 8.90 92 5 0 17 37. 837251 - 122. 3019 2200 Powell St : LCUT to 87 CURBCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png5. 31 148076_ 92_5.1. 31 $ 216. 11 93 4 0 1 37. 837271 - 122. 3019 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 25 148076_ 93_0.1. 25 $ 10. 17 94 12 0 4.5 37. 837263 - 122. 3019 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 38 148076_ 94_3.1. 38 $ 137. 30 95 6 0 4.5 37. 837253 - 122. 3019 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 69 148076_ 95_1.1. 69 $ 68. 65 96 2 0 1 37. 837239 - 122. 3019 2200 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 13 148076_ 96_0.1.3 $ 5.09 97 5 0 8.5 37. 837254 - 122. 3019 2320 Powell St : CURBCUT LCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 66 148076_ 97_2.1. 66 $ 108. 06 98 7 0 2 37. 837256 - 122. 3019 2320 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148076_ 98_0.1. 88 $ 35. 60 99 9 4 2 37. 837259 - 122. 3019 2320 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 63 148076_ 99_1.1. 63 $ 66. 11 100 0 0 0 37. 837246 - 122. 3019
ATTN 2320 Powell St : Cement around water meter lid lifted lid sunken.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 100_0.00 $ 1. 0.00 101 0 0 0 37. 837248 - 122. 3023 ATTN 2390 Powell St : Tricated dome lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 101_0.00 $ 1. 0.00 102 0 0 0 37. 837225 - 122. 3031 ATTN 1 Captain Dr On Powell St : Tricated dome lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 102_0.00 $ 1. 0.00 103 0 0 0 37. 837256 - 122. 3036 ATTN Across 2449 Powell St : Storm drain lid wobbly lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 103_0.00 $ 1. 0.00 104 3 0 3 37. 837242 - 122. 3036 Across 2449 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 56 148076_ 104_0.56 $ 1. 22. 88 105 0 0 0 37. 837249 - 122. 3059
ATTN 2 Admiral Dr On Powell St : PGE high voltage lid
sunken. Metal in way
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 105_0.00 $ 1. 0.00 106 2 0 3 37. 837226 - 122. 3067 4 Anchor Dr On Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148076_ 106_0.38 $ 1. 15. 26 107 2 1 5 37. 837255 - 122. 3072 2 Anchor Dr On Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 148076_ 107_0.94 $ 1. 38. 14 108 2 0 7 37. 837234 - 122. 3072 2 Anchor Dr On Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148076_ 108_0.88 $ 1. 35. 60 Date created - 8/17/2022 3 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 109 4 0 12 37. 837215 - 122. 3076 Past 2 Anchor Dr On Powell St : ATCURB https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 00 148076_ 109_3.00 $ 1. 122. 04 110 6 0 9 37. 837341 - 122. 3082 Before 3300 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 38 148076_ 110_3.38 $ 1. 137. 30 111 6 1 29. 5 37. 837349 - 122. 3083 Before 3300 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png12. 91 148076_ 111_ 12. 91 $ 1. 525. 03 112 10 2 31 37. 837315 - 122. 3083 Before 3300 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png23. 25 148076_ 112_ 23. 25 $ 1. 945. 81 113 0 0 0 37. 837296 - 122. 3084 ATTN Before 3300 Powell St : Asphalt causing trip hazard. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 113_0.00 $ 1. 0.00 114 6 0 7.5 37. 837505 - 122. 3092 3300 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 81 148076_ 114_2.81 $ 1. 114. 41 115 0 0 0 37. 837517 - 122. 3093 ATTN 3300 Powell St : Lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 115_0.00 $ 1. 0.00 116 2 0 3.5 37. 837372 - 122. 3097 3300 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 44 148076_ 116_0.44 $ 1. 17. 80 117 2 0 3 37. 837372 - 122. 3103 Past 3300 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148076_ 117_0.38 $ 1. 15. 26 118 3 0 9.5 37. 837376 - 122. 3103 Past 3300 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 78 148076_ 118_1.78 $ 1. 72. 46 119 4 0 6 37. 83733 - 122. 3103 Past 3300 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 50 148076_ 119_1.50 $ 1. 61. 02 120 2 0 10. 5 37. 837299 - 122. 3103 Past 3300 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 31 148076_ 120_1.31 $ 1. 53. 39 121 5 0 9 37. 837238 - 122. 3103 Past 3300 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 81 148076_ 121_2.81 $ 1. 114. 41 122 0 0 0 37. 837219 - 122. 3103 ATTN Past 3300 Powell St : Pacific telephone lid raised. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 122_0.00 $ 1. 0.00 123 2 1 7 37. 837193 - 122. 3102 Past 3300 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 31 148076_ 123_1.31 $ 1. 53. 39 124 3 1 1 37. 837337 - 122. 3103 Past 3300 Powell St : At crack https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 25 148076_ 124_0.25 $ 1. 10. 17 125 4 0 3 37. 83746 - 122. 3103 Past 3300 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 148076_ 125_0.75 $ 1. 30. 51 126 3 0 9 37. 837353 - 122. 3114 Between 3306 3300 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 69 148076_ 126_1.69 $ 1. 68. 65 127 6 1 8 37. 837334 - 122. 3114 Between 3306 3300 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 50 148076_ 127_3.50 $ 1. 142. 38 128 0 0 0 37. 837242 - 122. 3122 ATTN Before 3306 Powell St : High voltage lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 128_0.00 $ 1. 0.00 129 0 0 0 37. 837238 - 122. 3126 ATTN Before 3306 Powell St : Asphalt lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 129_0.00 $ 1. 0.00 130 0 0 0 37. 837311 - 122. 3126 ATTN 3306 Powell St : Sewer lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 130_0.00 $ 1. 0.00 131 10 2 16. 5 37. 837452 - 122. 3129 3306 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png12. 38 148076_ 131_ 12. 38 $ 1. 503. 42 132 3 1 2.5 37. 837494 - 122. 3129 3306 Powell St : At crack https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 63 148076_ 132_0.63 $ 1. 25. 43 133 2 0 7.5 37. 837448 - 122. 313 3306 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 148076_ 133_0.94 $ 1. 38. 14 134 3 0 7 37. 837418 - 122. 313 3306 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 31 148076_ 134_1.31 $ 1. 53. 39 135 4 0 8.5 37. 837307 - 122. 313 3306 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 13 148076_ 135_2.13 $ 1. 86. 45 136 2 0 5.5 37. 837509 - 122. 3129 3306 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 69 148076_ 136_0.69 $ 1. 27. 97 137 0 0 0 37. 837761 - 122. 3132 ATTN Past 3306 Powell St : Asphalt lifted at Asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 137_0.00 $ 1. 0.00 138 0 0 0 37. 838226 - 122. 3135 ATTN Past 3306 Powell St : Asphalt lifted at Asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 138_0.00 $ 1. 0.00 139 0 0 0 37. 838558 - 122. 3145 ATTN 3310 Powell St : Street Lighting lid broken. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 139_0.00 $ 1. 0.00 140 0 0 0 37. 83857 - 122. 3144 ATTN 3310 Powell St : Asphalt broken causing trip hazard https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 140_0.00 $ 1. 0.00 141 0 0 0 37. 838566 - 122. 3144 ATTN 3310 Powell St : electric lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 141_0.00 $ 1. 0.00 142 5 1 6 37. 838573 - 122. 3144 3310 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 25 148076_ 142_2.25 $ 1. 91. 53 143 0 0 0 37. 8386 - 122. 3147 ATTN 3310 Powell St : Sanitary sewer lid lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 143_0.00 $ 1. 0.00 144 3 0 2 37. 838772 - 122. 3147 3310 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148076_ 144_0.38 $ 1. 15. 26 145 2 0 1.5 37. 838768 - 122. 3147 3310 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 19 148076_ 145_0.19 $ 1. 7.63 146 0 0 0 37. 839252 - 122. 3145 ATTN Past 3310 Powell St : Wood lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 146_0.00 $ 1. 0.00 Date created - 8/17/2022 4 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 147 0 0 0 37. 839458 - 122. 3146 ATTN Past 3310 Powell St : Asphalt lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 147_0.00 $ 1. 0.00 148 0 0 0 37. 839886 - 122. 3145 ATTN Past 3310 Powell St : Asphalt lifted cracked, https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 148_0.00 $ 1. 0.00 149 4 1 8 37. 839929 - 122. 3145 Past 3310 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 50 148076_ 149_2.50 $ 1. 101. 70 150 0 0 0 37. 840572 - 122. 3144 ATTN Past 3310 Powell St : Tricated dome lifted. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 150_0.00 $ 1. 0.00 151 0 0 0 37. 840534 - 122. 3145
ATTN Before Restroom and shower Bldg : Asphalt lifted
against asphalt
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 151_0.00 $ 1. 0.00 152 0 0 0 37. 840687 - 122. 3141
ATTN Before Restroom and shower Bldg : Pinkish barrier
against asphalt lifted.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 152_0.00 $ 1. 0.00 153 0 0 0 37. 840889 - 122. 314
ATTN Restroom and shower Bldg : Asphalt around lid
broken.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 153_0.00 $ 1. 0.00 154 0 0 0 37. 840889 - 122. 314 ATTN Restroom and shower Bldg : Wood WW lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 154_0.00 $ 1. 0.00 155 0 0 0 37. 840881 - 122. 314 ATTN Restroom and shower Bldg : Electric lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 155_0.00 $ 1. 0.00 156 11 5 4.5 37. 840893 - 122. 314 Restroom and shower Bldg: ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 50 148076_ 156_4.50 $ 1. 183. 06 157 0 0 0 37. 840985 - 122. 314 ATTN Past Restroom and shower Bldg: Asphalt lifted cracked. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148076_ 157_0.00 $ 1. 0.00 158 6 3 11 37. 841592 - 122. 3138 Past Restroom and shower Bldg: ATASP LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png6. 19 148189_ 158_6.19 $ 1. 251. 71 159 6 0 5.5 37. 841609 - 122. 3138 Past Restroom and shower Bldg: ATASP LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 06 148189_ 159_2.06 $ 1. 83. 90 160 4 1 55. 5 37. 841555 - 122. 3138 Past Restroom and shower Bldg: ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png17. 34 148189_ 160_ 17. 34 $ 1. 705. 54 161 4 3 10. 5 37. 841524 - 122. 3139 Past Restroom and shower Bldg: ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 59 148189_ 161_4.59 $ 1. 186. 87 162 0 0 0 37. 841939 - 122. 3136 ATTN Past Restroom and shower Bldg: Ebmud lids lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 162_0.00 $ 1. 0.00 163 0 0 0 37. 841945 - 122. 3136 ATTN Past Restroom and shower Bldg: Christy lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 163_0.00 $ 1. 0.00 164 0 0 0 37. 841557 - 122. 3147
ATTN Across Restroom and shower Bldg: asphalt lifted
against asphalt.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 164_0.00 $ 1. 0.00 165 0 0 0 37. 841076 - 122. 3145
ATTN Across Restroom and shower Bldg: asphalt lifted
against asphalt.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 165_0.00 $ 1. 0.00 166 0 0 0 37. 840691 - 122. 3148
ATTN Past Across Restroom and shower Bldg: asphalt lifted against asphalt.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 166_0.00 $ 1. 0.00 167 0 0 0 37. 840622 - 122. 3147
ATTN Past Across Restroom and shower Bldg: Tricated
domes broken
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 167_0.00 $ 1. 0.00 168 0 0 0 37. 839966 - 122. 3152
ATTN Past Across Restroom Bldg: Asphalt liftef against
asphalt
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 168_0.00 $ 1. 0.00 169 0 0 0 37. 839954 - 122. 3151
ATTN Past Across Restroom Bldg: Asphalt liftef against
asphalt
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 169_0.00 $ 1. 0.00 170 0 0 0 37. 839958 - 122. 3151 ATTN Past Across Restroom Bldg: Tricated domes lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 170_0.00 $ 1. 0.00 171 4 0 4 37. 839935 - 122. 3151 Past Across Restroom Bldg: ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 00 148189_ 171_1.00 $ 1. 40. 68 172 0 0 0 37. 839966 - 122. 3153
ATTN Past Across Restroom Bldg: Asphalt lifted against
asphalt
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 172_0.00 $ 1. 0.00 173 0 0 0 37. 839424 - 122. 3154
ATTN Before Across 3310 Powell St : Asphalt lifted against asphalt
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 173_0.00 $ 1. 0.00 174 0 0 0 37. 839314 - 122. 3154
ATTN Before Across 3310 Powell St : Corner of asphalt
broken
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 174_0.00 $ 1. 0.00 175 0 0 0 37. 838085 - 122. 3152 ATTN Before 3199 Powell St : Asphalt lifted cracked https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 175_0.00 $ 1. 0.00 176 0 0 0 37. 838078 - 122. 3151 ATTN Before 3199 Powell St : Asphalt lifted cracked https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 176_0.00 $ 1. 0.00 177 0 0 0 37. 838055 - 122. 3151 ATTN Before 3199 Powell St : Wood barrier lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 177_0.00 $ 1. 0.00 178 2 0 2.5 37. 837955 - 122. 3152 Before 3399 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 31 148189_ 178_0.31 $ 1. 12. 71 179 2 0 5.5 37. 837894 - 122. 3152 Before 3199 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 69 148189_ 179_0.69 $ 1. 27. 97 180 3 0 10 37. 837746 - 122. 3152 3399 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 88 148189_ 180_1.88 $ 1. 76. 28 181 0 0 0 37. 837605 - 122. 3152 ATTN 3399 Powell St : Wood in gap lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 181_0.00 $ 1. 0.00 182 0 0 0 37. 837486 - 122. 3152 ATTN 3399 Powell St : Wood in gap sunken https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 182_0.00 $ 1. 0.00 183 4 1 10 37. 837205 - 122. 3148 3399 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 13 148189_ 183_3.13 $ 1. 127. 13 184 4 1 10 37. 837179 - 122. 3144 3399 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 13 148189_ 184_3.13 $ 1. 127. 13 Date created - 8/17/2022 5 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 185 2 0 4 37. 837139 - 122. 3142 Past 3399 Powell St : ATASP https:// s3- us- east- 2.amazonaws. com/ bbproduction/ 08- 2022/ Images/ 148189_ 185_ png0. 501. 0.50 $ 20. 34 186 0 0 0 37. 83712 - 122. 314 ATTN Past 3399 Powell St : Wood in gap lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 186_0.00 $ 1. 0.00 187 0 0 0 37. 837074 - 122. 3137 ATTN Past 3399 Powell St : Little speed bump lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 187_0.00 $ 1. 0.00 188 0 0 0 37. 837322 - 122. 3139 ATTN 3399 Powell St : Asphalt lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 188_0.00 $ 1. 0.00 189 0 0 0 37. 837261 - 122. 3142 ATTN 3399 Powell St : Wood on top of slab https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 189_0.00 $ 1. 0.00 190 2 0 1 37. 837231 - 122. 3144 3399 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 13 148189_ 190_0.13 $ 1. 5.09 191 2 2 1.5 37. 837231 - 122. 3144 3399 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148189_ 191_0.38 $ 1. 15. 26 192 4 2 2.5 37. 837234 - 122. 3144 3399 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 148189_ 192_0.94 $ 1. 38. 14 193 2 1 1.5 37. 837241 - 122. 3144 3399 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 28 148189_ 193_0.28 $ 1. 11. 44 194 0 0 0 37. 837273 - 122. 3144 ATTN 3399 Powell St : Asphalt lifted against curb. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 194_0.00 $ 1. 0.00 195 0 0 0 37. 837067 - 122. 3128 ATTN Across 3306 Powell St : Asphalt lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 195_0.00 $ 1. 0.00 196 0 0 0 37. 837082 - 122. 3127 ATTN Across 3306 Powell St : Asphalt lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 196_0.00 $ 1. 0.00 197 0 0 0 37. 83707 - 122. 3119 ATTN Past Across 3306 Powell St : Asphalt lifted against curb https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 197_0.00 $ 1. 0.00 198 0 0 0 37. 837078 - 122. 3107 ATTN Past Across 3306 Powell St : Asphalt lifted against curb https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 198_0.00 $ 1. 0.00 199 4 0 1 37. 837048 - 122. 3075 Across 2 Anchor Dr On Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 25 148189_ 199_0.25 $ 1. 10. 17 200 4 0 1.5 37. 837017 - 122. 3075 Across 2 Anchor Dr On Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148189_ 200_0.38 $ 1. 15. 26 201 0 0 0 37. 837029 - 122. 3073
ATTN Across 2 Anchor Dr On Powell St : Asphalt lifted at curb.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 201_0.00 $ 1. 0.00 202 3 0 1 37. 837036 - 122. 3071 Across 2 Anchor Dr On Powell St : ATASP LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 19 148189_ 202_0.19 $ 1. 7.63 203 4 2 12 37. 837036 - 122. 3071 Across 2 Anchor Dr On Powell St : ATCURB LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 50 148189_ 203_4.50 $ 1. 183. 06 204 2 1 12. 5 37. 837012 - 122. 3071 Across 2 Anchor Dr On Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 34 148189_ 204_2.34 $ 1. 95. 34 205 0 0 0 37. 837051 - 122. 3069 ATTN Across 2 Anchor Dr On Powell St : Asphalt lifted at curb https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 205_0.00 $ 1. 0.00 206 5 1 6 37. 837009 - 122. 3062 Across 2 Admiral Dr On Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 25 148189_ 206_2.25 $ 1. 91. 53 207 8 4 12 37. 837029 - 122. 3062 Across 2 Admiral Dr On Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png9. 00 148189_ 207_9.00 $ 1. 366. 12 208 9 0 4 37. 837002 - 122. 3062 Across 2 Admiral Dr On Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 25 148189_ 208_2.25 $ 1. 91. 53 209 3 0 3.5 37. 837055 - 122. 3061 Across 2 Admiral Dr On Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 66 148189_ 209_0.66 $ 1. 26. 70 210 4 1 1.5 37. 837048 - 122. 3061 Across 2 Admiral Dr On Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 47 148189_ 210_0.47 $ 1. 19. 07 211 0 0 0 37. 837051 - 122. 3061
ATTN Across 2 Admiral Dr On Powell St : Asphalt lifted at curb
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 211_0.00 $ 1. 0.00 212 0 0 0 37. 837048 - 122. 3057 RR Across 2 Admiral Dr On Powell St : Curb broken 9 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 212_0.00 $ 1. 0.00 213 3 0 7 37. 837017 - 122. 3048 Across 2 Commodore Dr On Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 31 148189_ 213_1.31 $ 1. 53. 39 214 4 0 2.5 37. 837048 - 122. 3047 Across 2 Commodore Dr On Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 63 148189_ 214_0.63 $ 1. 25. 43 215 10 0 5.5 37. 837013 - 122. 3048 Across 2 Commodore Dr On Powell St : OG XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 44 148189_ 215_3.44 $ 1. 139. 84 216 3 0 1 37. 83704 - 122. 3047 Across 2 Commodore Dr On Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 19 148189_ 216_0.19 $ 1. 7.63 217 0 0 0 37. 837036 - 122. 3047 RR Across 2 Commodore Dr On Powell St : Curb Broken 4.5 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 217_0.00 $ 1. 0.00 218 2 0 3.5 37. 837002 - 122. 3043 Before 2449 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 44 148189_ 218_0.44 $ 1. 17. 80 219 2 0 2.5 37. 837004 - 122. 3043 Before 2449 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 31 148189_ 219_0.31 $ 1. 12. 71 220 1 0 2 37. 837048 - 122. 3043 Before 2449 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 13 148189_ 220_0.13 $ 1. 5.09 221 2 0 2.5 37. 83703 - 122. 3043 Before 2449 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 31 148189_ 221_0.31 $ 1. 12. 71 222 2 0 2 37. 837057 - 122. 3043 Before 2449 Powell St : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 25 148189_ 222_0.25 $ 1. 10. 17 Date created - 8/17/2022 6 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 223 3 0 3 37. 837021 - 122. 3043 Before 2449 Powell St : OG XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 56 148189_ 223_0.56 $ 1. 22. 88 224 4 0 4.5 37. 837027 - 122. 3043 Before 2449 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 13 148189_ 224_1.13 $ 1. 45. 77 225 4 0 12 37. 837033 - 122. 3042 2449 Powell St : ATCURB https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 00 148189_ 225_3.00 $ 1. 122. 04 226 2 0 7 37. 83707 - 122. 3039 2449 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148189_ 226_0.88 $ 1. 35. 60 227 2 2 4 37. 837003 - 122. 3039 2449 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 00 148189_ 227_1.00 $ 1. 40. 68 228 5 3 0.5 37. 837016 - 122. 3038 2449 Powell St : CURBCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 25 148189_ 228_0.25 $ 1. 10. 17 229 5 0 13 37. 837031 - 122. 3039 2449 Powell St : ATCURB LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 06 148189_ 229_4.06 $ 1. 165. 26 230 2 0 5 37. 837 - 122. 3038 2449 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 63 148189_ 230_0.63 $ 1. 25. 43 231 2 1 6 37. 837006 - 122. 3038 2449 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 13 148189_ 231_1.13 $ 1. 45. 77 232 0 0 0 37. 836967 - 122. 3035 ATTN 2333 Powell St : Tricated dome lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 232_0.00 $ 1. 0.00 233 2 0 3 37. 836993 - 122. 3035 2333 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148189_ 233_0.38 $ 1. 15. 26 234 2 0 2.5 37. 836971 - 122. 3034 2333 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 31 148189_ 234_0.31 $ 1. 12. 71 235 2 1 3 37. 836929 - 122. 3034 2333 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 56 148189_ 235_0.56 $ 1. 22. 88 236 0 0 0 37. 836945 - 122. 3033 ATTN 2333 Powell St : Lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 236_0.00 $ 1. 0.00 237 8 2 7 37. 836994 - 122. 3032 2333 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 38 148189_ 237_4.38 $ 1. 177. 98 238 0 0 0 37. 837086 - 122. 3032 RR 2333 Powell St : crack wider than 2 in 19. 25 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 238_0.00 $ 1. 0.00 239 0 0 0 37. 837065 - 122. 3032 ATTN 2333 Powell St : PGE high voltage lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 239_0.00 $ 1. 0.00 240 2 0 1 37. 836996 - 122. 3032 2333 Powell St : ASPCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 13 148189_ 240_0.13 $ 1. 5.09 241 3 0 4 37. 836998 - 122. 3032 2333 Powell St : ATASP XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 148189_ 241_0.75 $ 1. 30. 51 242 0 0 0 37. 837006 - 122. 3032 ATTN 2333 Powell St : Curb lifted at asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 242_0.00 $ 1. 0.00 243 7 1 5.5 37. 83705 - 122. 3031 Past 2333 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 75 148189_ 243_2.75 $ 1. 111. 87 244 8 2 5.5 37. 837005 - 122. 3031 Past 2333 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 44 148189_ 244_3.44 $ 1. 139. 84 245 0 0 0 37. 837009 - 122. 3031 ATTN Past 2333 Powell St : Curb lifted at asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 245_0.00 $ 1. 0.00 246 0 0 0 37. 837025 - 122. 3029 ATTN Past 2333 Powell St : Storm drain cement lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 246_0.00 $ 1. 0.00 247 0 0 0 37. 837029 - 122. 3029
ATTN Past 2333 Powell St : Asphalt around storm drain
broken.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 247_0.00 $ 1. 0.00 248 0 0 0 37. 837029 - 122. 3028 ATTN Across 2390 Powell St : Asphalt messed up https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 248_0.00 $ 1. 0.00 249 4 2 2 37. 837051 - 122. 3027 Across 2390 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 148189_ 249_0.75 $ 1. 30. 51 250 4 2 2.5 37. 83704 - 122. 3027 Across 2390 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 148189_ 250_0.94 $ 1. 38. 14 251 5 2 2 37. 837021 - 122. 3027 Across 2390 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148189_ 251_0.88 $ 1. 35. 60 252 0 0 0 37. 837021 - 122. 3027
ATTN Across 2390 Powell St : Curb lifted at asphalt all the way down.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 252_0.00 $ 1. 0.00 253 0 0 0 37. 837009 - 122. 3026 ATTN Across 2390 Powell St : Corner of asphalt missing https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 253_0.00 $ 1. 0.00 254 0 0 0 37. 837029 - 122. 3022 ATTN Across 2320 Powell St : Corner of asphalt missing https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 254_0.00 $ 1. 0.00 255 0 0 0 37. 837021 - 122. 3021
ATTN Across 2320 Powell St : Corner of asphalt lifted against asphalt
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 255_0.00 $ 1. 0.00 256 3 1 2 37. 837032 - 122. 302 Across 2320 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 50 148189_ 256_0.50 $ 1. 20. 34 257 3 1 2 37. 837044 - 122. 302 Across 2320 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 50 148189_ 257_0.50 $ 1. 20. 34 258 0 0 0 37. 83704 - 122. 3016 ATTN Across 2200 Powell St : asphalt lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 258_0.00 $ 1. 0.00 259 0 0 0 37. 837048 - 122. 3016 ATTN Across 2200 Powell St : asphalt missing https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 259_0.00 $ 1. 0.00 260 0 0 0 37. 837038 - 122. 3014 ATTN Across 2200 Powell St : asphalt lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 260_0.00 $ 1. 0.00 Date created - 8/17/2022 7 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 261 0 0 0 37. 837011 - 122. 3013 ATTN Across 2200 Powell St : asphalt lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 261_0.00 $ 1. 0.00 262 8 1 6 37. 837031 - 122. 3011 Across 2200 Powell St : ATASP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 38 148189_ 262_3.38 $ 1. 137. 30 263 4 3 3 37. 836989 - 122. 3011 Across 2200 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 31 148189_ 263_1.31 $ 1. 53. 39 264 4 0 8 37. 837066 - 122. 3011 Across 2200 Powell St : CURBCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 00 148189_ 264_2.00 $ 1. 81. 36 265 0 0 0 37. 837086 - 122. 3011 ATTN Across 2200 Powell St : Asphalt missing https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 265_0.00 $ 1. 0.00 266 0 0 0 37. 837082 - 122. 3011
ATTN Across 2200 Powell St : Curb lifted against asphalt all the way down
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 266_0.00 $ 1. 0.00 267 0 0 0 37. 83712 - 122. 3008 ATTN Across 2200 Powell St : Asphalt lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 267_0.00 $ 1. 0.00 268 0 0 0 37. 837135 - 122. 3008 ATTN Across 2200 Powell St : lighting traffic signal lids lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 268_0.00 $ 1. 0.00 269 0 0 0 37. 837132 - 122. 3006 ATTN Across 2200 Powell St : asphalt lifted cracked https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 269_0.00 $ 1. 0.00 270 0 0 0 37. 837154 - 122. 3005 ATTN Across 2000 Powell St : Curb lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 270_0.00 $ 1. 0.00 271 5 0 3.5 37. 837166 - 122. 3004 Across 2000 Powell St : ASPCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 09 148189_ 271_1.09 $ 1. 44. 49 272 2 0 6.5 37. 837189 - 122. 3003 Across 2000 Powell St : ATASP XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 81 148189_ 272_0.81 $ 1. 33. 05 273 2 0 5.5 37. 837181 - 122. 3003 Across 2000 Powell St : ASPCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 69 148189_ 273_0.69 $ 1. 27. 97 274 5 1 16 37. 837177 - 122. 3003 Across 2000 Powell St : CURBCUT. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png6. 00 148189_ 274_6.00 $ 1. 244. 08 275 6 5 1.5 37. 83717 - 122. 3002 Across 2000 Powell St : ATASP LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 03 148189_ 275_1.03 $ 1. 41. 95 276 6 0 5 37. 837204 - 122. 3002 Across 2000 Powell St : ATASP LCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 88 148189_ 276_1.88 $ 1. 76. 28 277 6 0 4 37. 837227 - 122. 3002 Across 2000 Powell St : ASPCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 50 148189_ 277_1.50 $ 1. 61. 02 278 0 0 0 37. 837212 - 122. 3
ATTN Across 2000 Powell St : Asphalt lifted around lid lid lifted
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 278_0.00 $ 1. 0.00 279 0 0 0 37. 837273 - 122. 2997 ATTN Across 1900 Powell St : Asphalt lifted cracked https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 279_0.00 $ 1. 0.00 280 0 0 0 37. 837329 - 122. 2995 ATTN Across 1900 Powell St : Asphalt lifted cracked https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 280_0.00 $ 1. 0.00 281 0 0 0 37. 837409 - 122. 2992 ATTN Across 1900 Powell St : Asphalt lifted cracked https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 281_0.00 $ 1. 0.00 282 8 0 17 37. 837376 - 122. 2992 Across 1900 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png8. 50 148189_ 282_8.50 $ 1. 345. 78 283 0 0 0 37. 837395 - 122. 2992
ATTN Across 1900 Powell St : Asphalt lifted against curb curb lifted at asphalt
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 283_0.00 $ 1. 0.00 284 0 0 0 37. 837429 - 122. 299 ATTN Across 1900 Powell St : Asphalt lifted cracked https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 284_0.00 $ 1. 0.00 285 0 0 0 37. 837484 - 122. 2988 ATTN Across 1900 Powell St : Asphalt lifted against curb https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 285_0.00 $ 1. 0.00 286 0 0 0 37. 837531 - 122. 2986 ATTN Across 1800 Powell St : Curb lifted against asphalt https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 286_0.00 $ 1. 0.00 287 0 0 0 37. 837573 - 122. 2981 ATTN Across 1800 Powell St : PGE high voltage lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 287_0.00 $ 1. 0.00 288 4 3 1.5 37. 837628 - 122. 298 Across 1800 12 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 66 148189_ 288_0.66 $ 1. 26. 70 289 2 0 1.5 37. 837624 - 122. 298 Across 1800 12 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 19 148189_ 289_0.19 $ 1. 7.63 290 4 2 1.5 37. 837628 - 122. 298 Across 1800 12 Powell St : ASPCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 56 148189_ 290_0.56 $ 1. 22. 88 291 0 0 0 37. 837701 - 122. 2977 ATTN Across 1800 12 Powell St : High voltage lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 291_0.00 $ 1. 0.00 292 0 0 0 37. 837722 - 122. 2976 ATTN Across 1800 12 Powell St : High voltage lid lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 292_0.00 $ 1. 0.00 293 8 0 7.5 37. 837714 - 122. 2975 Across 1800 12 Powell St : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 75 148189_ 293_3.75 $ 1. 152. 55 294 4 3 1.5 37. 83774 - 122. 2975 Across 1800 12 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 66 148189_ 294_0.66 $ 1. 26. 70 295 3 1 2.5 37. 83775 - 122. 2975 Across 1800 12 Powell St : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 63 148189_ 295_0.63 $ 1. 25. 43 296 2 0 3.5 37. 837757 - 122. 2975 Across 1800 12 Powell St : JUMP https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 44 148189_ 296_0.44 $ 1. 17. 80 297 0 0 0 37. 846185 - 122. 2996 ATTN Past Point Emery : Asphalt lifted cracked https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 297_0.00 $ 1. 0.00 298 16 3 10 37. 841278 - 122. 2978 Before 2100 Powell St On Frontage Rd : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png11. 88 148189_ 298_ 11. 88 $ 1. 483. 08 Date created - 8/17/2022 8 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 299 0 0 0 37. 841175 - 122. 2978
ATTN Before 2100 Powell St On Frontage : pavers should be re adjusted.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_DO299_ NOT1.CUT DO NOT CUT 300 0 0 0 37. 841099 - 122. 2978
ATTN Before 2100 Powell St On Frontage : pavers should be re adjusted.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_DO300_ NOT1.CUT DO NOT CUT 301 0 0 0 37. 841059 - 122. 2977
ATTN Before 2100 Powell St On Frontage : pavers should be re adjusted.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_DO301_ NOT1.CUT DO NOT CUT 302 0 0 0 37. 840987 - 122. 2978
ATTN Before 2100 Powell St On Frontage : pavers should be re adjusted.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_DO302_ NOT1.CUT DO NOT CUT 303 0 0 0 37. 840588 - 122. 2978
ATTN Before 2100 Powell St On Frontage : pavers should be re adjusted.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_DO303_ NOT1.CUT DO NOT CUT 304 0 0 0 37. 840478 - 122. 2979
ATTN Before 2100 Powell St On Frontage : tree planter box lifted.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_DO304_ NOT1.CUT DO NOT CUT 305 8 0 4.5 37. 839856 - 122. 2981 2100 Powell St On Frontage : CURBCUT at pavers. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 25 148189_ 305_2.25 $ 1. 91. 53 306 0 0 0 37. 83987 - 122. 298 RR 2100 Powell St On Frontage : curb lifted past 2 in 4.5 https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 306_0.00 $ 1. 0.00 307 5 0 31. 5 37. 839848 - 122. 298 2100 Powell St On Frontage : CURBCUT at pavers https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png9. 84 148189_ 307_9.84 $ 1. 400. 44 308 6 0 109. 5 37. 839558 - 122. 298 2100 Powell St On Frontage : CURBCUT at pavers https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png41. 06 148189_ 308_ 41. 06 $ 1. 1,670. 42 309 5 0 14 37. 839384 - 122. 2981 2100 Powell St On Frontage : CURBCUT at pavers https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 38 148189_ 309_4.38 $ 1. 177. 98 310 0 0 0 37. 839321 - 122. 298 ATTN 2100 Powell St On Frontage : Lids lifted https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 310_0.00 $ 1. 0.00 311 4 0 44. 5 37. 839195 - 122. 2979 2100 Powell St On Frontage : CURBCUT at pavers https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png11. 13 148189_ 311_ 11. 13 $ 1. 452. 57 312 0 0 0 37. 839088 - 122. 2979
ATTN 2100 Powell St On Frontage : Pavers lifted at street lighting lid.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148189_ 312_0.00 $ 1. 0.00 313 4 0 3.5 37. 839088 - 122. 2979 2100 Powell St On Frontage : CURBCUT at pavers https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148189_ 313_0.88 $ 1. 35. 60 314 8 0 9.5 37. 839061 - 122. 2979 2100 Powell St On Frontage : CURBCUT at pavers LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 75 148189_ 314_4.75 $ 1. 193. 23 315 8 1 13 37. 839064 - 122. 2978 2100 Powell St On Frontage : at pavers LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png7. 31 148189_ 315_7.31 $ 1. 297. 47 316 5 0 22 37. 839013 - 122. 2977 2100 Powell St On Frontage : ATCURB. DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png6. 88 148189_ 316_6.88 $ 1. 279. 68 317 2 0 7 37. 839009 - 122. 2978 2100 Powell St On Frontage : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148189_ 317_0.88 $ 1. 35. 60 318 6 0 6.5 37. 838926 - 122. 2977 1800 Powell St On Frontage Rd : at pavers https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 44 148189_ 318_2.44 $ 1. 99. 16 319 3 0 5 37. 838923 - 122. 2977 1800 Powell St On Frontage Rd : at pavers https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 148189_ 319_0.94 $ 1. 38. 14 320 2 0 4.5 37. 838838 - 122. 2977 1800 Powell St On Frontage Rd : at pavers https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 56 148189_ 320_0.56 $ 1. 22. 88 321 3 0 3 37. 838817 - 122. 2976 1800 Powell St On Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 56 148189_ 321_0.56 $ 1. 22. 88 322 2 0 38 37. 838572 - 122. 2975 1800 Powell St On Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 75 148189_ 322_4.75 $ 1. 193. 23 323 2 0 8.5 37. 838373 - 122. 2975 1800 Powell St On Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 06 148189_ 323_1.06 $ 1. 43. 22 324 2 0 4 37. 837242 - 122. 3047 ADDON 3 Commodore Dr On Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 50 148189_ 324_0.50 $ 1. 20. 34 325 3 0 1.5 37. 837212 - 122. 3036 ADDON Across 2449 Powell St : LCUT to 104. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 28 148189_ 325_0.28 $ 1. 11. 44 326 8 1 11. 5 37. 840036 - 122. 3147 ADDON Restroom Bldg : ASPCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png6. 47 148189_ 326_6.47 $ 1. 263. 15 327 3 0 5 37. 837643 - 122. 2992 ADDON 1900 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 94 148681_ 1_0.1.94 $ 38. 14 328 3 0 9.5 37. 837448 - 122. 3003 ADDON 2000 Powell St : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 78 148681_ 2_1.1.78 $ 72. 46 329 6 1 49 37. 837269 - 122. 3018 ADDON 2200 Powell St : CURBCUT DANGER https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png21. 44 148681_ 3_21. 1.44 $ 872. 08 330 3 0 1.5 37. 837032 - 122. 3076 ADDON Across 2 Anchor Dr on Powell St : At asphalt. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 28 148681_ 4_0.1.28 $ 11. 44 331 3 0 15. 5 37. 841187 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 91 148681_ 5_2.1.91 $ 118. 23 332 3 1 3.5 37. 84113 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148681_ 6_0.1.88 $ 35. 60 333 0 0 0 37. 841118 - 122. 2977
ADDON ATTN Before 2100 Powell St on Frontage Rd : Metal cover at tree lifted.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148681_ 7_0.1.00 $ 0.00 334 4 0 3 37. 841087 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 148681_ 8_0.1.75 $ 30. 51 335 3 0 2.5 37. 841087 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 47 148681_ 9_0.1.47 $ 19. 07 336 3 1 7 37. 841095 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 75 148681_ 10_1.1. 75 $ 71. 19 Date created - 8/17/2022 9 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 No. Max Ht.
1/ 8 of In.)
Min Ht.
1/ 8 of In.)
Length
Feet)
Latitude Longitude Description R& R SqFt Before Picture After Picture Inch Feet InFt to Cut Cost Date Initial 337 3 0 4.5 37. 841045 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 84 148681_ 11_0.1. 84 $ 34. 32 338 3 2 3.5 37. 841053 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 09 148681_ 12_1.1. 09 $ 44. 49 339 4 1 3.5 37. 84103 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 09 148681_ 13_1.1. 09 $ 44. 49 340 5 1 3.5 37. 84103 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 31 148681_ 14_1.1. 31 $ 53. 39 341 5 0 4 37. 841022 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : LCUT XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 25 148681_ 15_1.1. 25 $ 50. 85 342 4 0 4.5 37. 841007 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : XCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 13 148681_ 16_1.1.3 $ 45. 77 343 7 0 5 37. 841003 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : XCUT LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 19 148681_ 17_2.1.9 $ 88. 99 344 7 0 2 37. 840988 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148681_ 18_0.1. 88 $ 35. 60 345 3 0 1.5 37. 840992 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 28 148681_ 19_0.1. 28 $ 11. 44 346 3 0 1.5 37. 840988 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 28 148681_ 20_0.1. 28 $ 11. 44 347 6 0 11 37. 840931 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 13 148681_ 21_4.1.3 $ 167. 81 348 3 1 3.5 37. 840927 - 122. 2977 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 88 148681_ 22_0.1. 88 $ 35. 60 349 6 1 3.5 37. 840771 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 53 148681_ 23_1.1. 53 $ 62. 29 350 6 4 4.5 37. 840748 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 81 148681_ 24_2.1. 81 $ 114. 41 351 4 0 1.5 37. 840767 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 38 148681_ 25_0.1. 38 $ 15. 26 352 4 0 5 37. 840763 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 25 148681_ 26_1.1. 25 $ 50. 85 353 4 0 3 37. 840706 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 75 148681_ 27_0.1. 75 $ 30. 51 354 3 1 4 37. 840706 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 00 148681_ 28_1.1. 00 $ 40. 68 355 3 1 1 37. 840714 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 25 148681_ 29_0.1. 25 $ 10. 17 356 4 0 5.5 37. 840702 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 38 148681_ 30_1.1. 38 $ 55. 94 357 4 1 6.5 37. 840641 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 03 148681_ 31_2.1. 03 $ 82. 63 358 4 1 7 37. 840652 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 19 148681_ 32_2.1.9 $ 88. 99 359 3 0 1.5 37. 84066 - 122. 2978 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 28 148681_ 33_0.1. 28 $ 11. 44 360 6 1 14. 5 37. 840649 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png6. 34 148681_ 34_6.1. 34 $ 258. 06 361 5 1 6.5 37. 840626 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 44 148681_ 35_2.1. 44 $ 99. 16 362 5 1 7 37. 840626 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 63 148681_ 36_2.1. 63 $ 106. 79 363 2 0 2.5 37. 840618 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 31 148681_ 37_0.1. 31 $ 12. 71 364 3 1 5.5 37. 840611 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 38 148681_ 38_1.1. 38 $ 55. 94 365 4 1 13 37. 840565 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png4. 06 148681_ 39_4.1. 06 $ 165. 26 366 4 1 10 37. 840576 - 122. 2978
ADDON Before 2100 Powell St on Frontage Rd : ATCURB
MVCAR
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 13 148681_ 40_3.1.3 $ 127. 13 367 3 0 10. 5 37. 840508 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png1. 97 148681_ 41_1.1. 97 $ 80. 09 368 0 0 0 37. 840458 - 122. 2979
ADDON ATTN Before 2100 Powell St on Frontage Rd : Hole
needs patch.
https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148681_ 42_0.1. 00 $ 0.00 369 4 1 6.5 37. 840416 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 03 148681_ 43_2.1. 03 $ 82. 63 370 3 1 12. 5 37. 840405 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : LCUT https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png3. 13 148681_ 44_3.1.3 $ 127. 13 371 4 1 7.5 37. 840359 - 122. 2979 ADDON Before 2100 Powell St on Frontage Rd : https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png2. 34 148681_ 45_2.1. 34 $ 95. 34 372 0 0 0 37. 839905 - 122. 298 ADDON ATTN 2100 Powell St on Frontage Rd : Pavers uneven. https:// s3- us- east- 2. amazonaws. com/ bbproduction/ 08- 2022/ Images/ png0. 00 148681_ 46_0.1. 00 $ 0.00 Date created - 8/17/2022 10 of 10
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 Sidewalk Repair Survey
Aerial view mapping the locations that are noted in the sidewalk repair survey perform ed by Prec ision Conc rete.

Legend
Conc rete Survey Loc ation
Emeryville Polic e Departm ent
Res troom
Shell
1000 ft
NN
Image Landsat / Copernic us
Image Landsat / Copernicus
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33

C A L I F O R N I A
REV 08/2020 Page 1 of 5

E X H I B I T B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to PRECISION CONCRETE CUTTING.

1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:

1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:

General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).

Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy.

Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.

Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/2020

include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.

1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:

General Liability
1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.

OR
2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.

Automobile Liability
2,000,000.00 per accident for bodily injury and property damage.

Professional Liability / Errors and Omissions
2,000,000.00 per claim and aggregate.

Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease.

Pollution Liability Insurance
2,000,000.00 per occurrence and $2,000,000.00 aggregate.

Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.

2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/2020

General Liability
1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; 2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; ( 3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.

Automobile Liability
1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/2020

Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

Pollution Liability Coverage
1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Contract Insurance Requirements ( Exhibit B) REV 08/2020

5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.

Attach:

Insurance Certificate and Endorsements
DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33

C A L I F O R N I A

M A I N T E N A N C E S E R V I C E S C O N T R A C T

E X H I B I T C
Other Requirements
As used in this Exhibit C, Contractor refers to PRECISION CONCRETE CUTTING. The Contractor shall comply with the following requirements as checked below:

DIFFERING SITE CONDITIONS
Contractor shall promptly, and before such conditions are disturbed, notify the Director of Public Works in writing of:

A. Material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or class III disposal site in accordance with provisions of existing law;
B. Subsurface or latent physical conditions differing materially from those indicated in this Contract; or
C. Unknown physical conditions, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

The Director of Public Works shall promptly investigate the conditions. If the Director of Public Works finds that such conditions do materially differ and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Contract modified in accordance with the change order procedures set forth herein.

In the event of any dispute between City and Contractor over the significance or existence of the changed conditions, Contractor shall not be excused from the scheduled completion date set forth herein, but shall retain such rights it may have as provided in these Contract Documents.

No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required by this section, except that City may extend the prescribed time. No claim by Contractor for an equitable adjustment under this provision shall be allowed if asserted after final payment under this Contract.

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract: Other Requirements ( Exhibit C) REV03/ 2019

TRAFFIC CONTROL MEASURES
Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures.

A. Where facilities exist, a minimum sidewalk and bike path width of four (4) feet shall be maintained at all times for safe passage through the work area. At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where adjacent alternate walkways cannot be provided, appropriate signs and barricades shall be installed at the limits of the construction site and in advance of the closure of the nearest crosswalk or intersection to divert pedestrians across the street. Access shall be maintained for persons with disabilities.

B. All Work shall be planned and carried out so that there is the least possible inconvenience to vehicular traffic, including deliveries to adjacent properties.

Warning signs, lights and safety devices and other measures shall conform to the requirements of the Manual of Traffic Controls issued by Caltrans. Traffic control for day or nighttime lane closures (if nighttime work is permitted) shall be in conformance with the Caltrans Standard Plans for Traffic Control Systems. Contractor is authorized to place properly attired flagger(s) to stop and warn traffic. Traffic shall not be unreasonably delayed. Flagging procedures shall be in conformance with the Instructions to Flaggers pamphlet and/or Manual of Traffic Controls for Construction and Maintenance Work Zones issues by Caltrans.

AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract. Material to be disposed of shall not be burned, either inside or outside the Work site.

WATER POLLUTION CONTROL
Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule its operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside vegetation beyond the limits of construction.

STORM WATER POLLUTION PREVENTION STANDARDS
Contractor shall comply with City’s Storm Water Pollution Prevention standards at all times during operation of this contract by incorporating current Best Management Practices (BMP) for use during the work.

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract: Other Requirements ( Exhibit C) REV03/ 2019

SOUND CONTROL REQUIREMENTS
Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the Contract. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.

WEIGHT LIMITATIONS
Unless expressly permitted by the Director of Public Works, Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the California Vehicle Code over completed or existing base, surfacing, pavement or structures.

SUBSURFACE EXCAVATIONS; NOTIFICATION
Attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part:

Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated.

The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation." Contractor shall contact the regional notification center, “Underground Service Alert," and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.

TRENCH EXCAVATION SAFETY PLAN
Attention is directed to California Labor Code, Section 6705. At least five (5) days in advance of excavation of any trench five feet or more in depth, Contractor shall submit to the Director of Public Works a detailed plan showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the State Construction Safety Orders, the plan shall be prepared and signed by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose liability on City or its employees or agents.

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33 City of Emeryville | Maintenance Services Contract: Other Requirements ( Exhibit C) REV03/ 2019

HAZARDOUS CHEMICALS AND WASTES
Should any release, discharge, leakage, spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor’s acts or omissions, then Contractor at its sole cost, shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the Director of Public Works.

If the performance of the Work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense. Contractor shall provide City with written proof of its or its subcontractor’ s registration as a hazardous waste transporter.

OTHER REQUIREMENTS
Use this space to list any other requirements not stated above.

Click to start typing . . .

DocuSign Envelope ID: E8C1FD0B- CE20- 474E-BF3E-EB8F31EE7F33

C A L I F O R N I A

M A I N T E N A N C E S E R V I C E S C O N T R A C T

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV 06/2020

FIRST AMENDMENT

THIS FIRST AMENDMENT TO THE MAINTENANCE SERVICES CONTRACT Amendment”) is effective as of _______________ by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and PRECISION CONCRETE CUTTING (“Contractor”), individually referred to as a “Party” and collectively as the Parties”.

W I T N E S S E T H T H A T
WHEREAS , the City and Contractor entered into a Maintenance Services Contract dated December 20, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide Concrete Sidewalk Survey and Shaving Services; and WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. AMENDMENT
The Parties agree to amend the Contract as checked below:

1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1, attached hereto and incorporated herein by this reference.

1.2 Termination Date
The Parties desire to extend the termination date. Section 1.5 of the Contract is hereby amended to extend the termination date to DECEMBER 31, 2026.

DocuSign 0E9557BD0852DocuSign Envelope Envelope ID: ID: 3FD306FC- 584ACF66- 6C7D- 9161-4338- 4F7C-9BC7- A4E5-A9047595E01D 23054E-0122-PW04 N/A
23-117 N/A
09/18/2023
Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B City of Emeryville | Maintenance Services Contract Amendment REV 06/2020

1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 1.3.C of the Contract by TWO HUNDRED EIGHT THOUSAND DOLLARS AND NO CENTS ($208,000.00). The total
amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO HUNDRED FIFTY THREE DOLLARS AND NO CENTS ($253,000.00).

2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.

From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.

3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

SIGNATURES ON FOLLOWING PAGE
DocuSign 0E9557BD0852DocuSign Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B Envelope Envelope ID: ID: 3FD306FC- 584ACF66- 6C7D- 9161-4338- 4F7C-9BC7- A4E5-A9047595E01D City of Emeryville | Maintenance Services Contract Amendment REV 06/2020

6. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT

FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: PRECISION CONCRETE CUTTING
Signature)
Joseph Ortega, Vice President
Attach:

W-9 Form
Attach:

Business License Certificate
DocuSign Envelope ID: 3FD306FC- 9161-4338-9BC7-0E9557BD0852 07/24/2023
DocuSign Envelope ID: 584ACF66- 6C7D- 4F7C-A4E5-A9047595E01D 09/18/2023
Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B Precision Emprise, LLC | CSLB # 1032474 | 417 Harrison St, Oakland, CA 94607 | Tel 650- 867- 8657 | Fax 650- 240- 3866 | contact@PCCNorCal. com

Date 7/10/23
PROPOSAL FOR “ NOT TO EXCEED” AGREEMENT BETWEEN

THE CITY OF EMERYVILLE AND PRECISION CONCRETE CUTTING ( PCC)

OVERVIEW
Uneven sidewalks caused by ground settling and tree roots cause a potential hazard to pedestrians.

Displaced sidewalks cause problems for both public and private entities in the form of trip and fall liability exposure.

It is proposed that the City of Emeryville and PCC enter into an agreement whereby PCC will assess, and repair sidewalks (horizontal concrete saw cutting) as identified and requested by City staff. The price for these services shall not exceed the dollar amount and quantity defined in the Proposal Detail” section below.

BACKGROUND INFORMATION ON PRECISION CONCRETE CUTTING
PCC has been assessing and repairing sidewalks since 1990. The company performs work throughout the United States and with dozens of cities in California.

PCC is the leader in sidewalk asset management. We specialize in assessing sidewalk infrastructure and repairing uneven sidewalks. Our unique saw-cutting method for correcting off-set sidewalk panels leaves behind ADA compliant results for a fraction of the cost of new concrete. Our clients benefit from detailed GIS maps that allow them to create a GIS database to cost effectively manage their sidewalk infrastructure.

ASSESSMENT SERVICES
PCC technicians will walk every panel in the project area and visually assess potential tripping hazards and damage. PCC will provide a GIS compatible report that lists each location identified including a photo, exact location, off-set height and square foot amount for replacement locations.

PROPRIETARY MOBILE PHONE SOFTWARE
PCC has developed proprietary mobile software usable across multiple platforms (Android, iPhone, iPad, Smart Phone, etc.)
Provides GPS Coordinates – Integrates with GIS systems
Mapping – Provides detailed location data plotted with Google Maps Detailed Reporting – Provides specific and detailed data on measurements for every trip hazard Addresses – The software gives the address and longitude / latitude of each trip hazard location Additional Data - Records other data, e.g., spalling, cracks, replacements or other data you need
Sidewalk Asset Management – PCC offers complete sidewalk asset management EXHIBIT A-1
DocuSign 0E9557BD0852DocuSign Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B Envelope Envelope ID: ID: 3FD306FC- 584ACF66- 6C7D- 9161-4338- 4F7C-9BC7- A4E5-A9047595E01D Precision Emprise, LLC | CSLB # 1032474 | 417 Harrison St, Oakland, CA 94607 | Tel 650- 867- 8657 | Fax 650- 240- 3866 | contact@PCCNorCal. com

PROPRIETARY AND PATENTED REPAIR METHOD
To Date, PCC has been awarded 8 patents by the US Patent and Trademark Office on our trip hazard removal equipment and process. The following is each patent description and number where they can be reviewed on the US Patent office web site – www.uspto.gov 6,827,074 - Hub and blade combination patent
6,896,604 - Dust hood patent
7,000,606 - Cutting apparatus and broadening patent
7,143,760 - Method patent
7,201,644 - Variations and broadening patent
7,402,095 - Extended methods patent
9,759,559 - Stand up measuring gauge digitized readout
9,494,407 - Stand up measuring gauge

PROPOSAL DETAILS
Contract amount: Total charge for services rendered shall not exceed $208,000. 108,000 for repairs outlined in area 1 below and $100,000 for on-call request through December 31st, 2026.

Sidewalk Repair Billing Units: Services are billed in “Inch Feet”. An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying this average by the length of the cut. Example: A sidewalk off-set on a 4-foot-wide sidewalk that consists of a 0.5” rise on one side, and tapers down to a zero rise on the other is calculated as follows:

0.5” +0” x 4ft = 1 inch-foot
2 Unit Price for sidewalk shaving: $45.97 per inch foot DocuSign 0E9557BD0852DocuSign Envelope Envelope ID: ID: 3FD306FC- 584ACF66- 6C7D- 9161-4338- 4F7C-9BC7- A4E5-A9047595E01D http://www.us
pto.gov/
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Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B Precision Emprise, LLC | CSLB # 1032474 | 417 Harrison St, Oakland, CA 94607 | Tel 650- 867- 8657 | Fax 650- 240- 3866 | contact@PCCNorCal. com

Streets with Sidewalks to be repaired: Area 1:

DocuSign 0E9557BD0852DocuSign Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B Envelope Envelope ID: ID: 3FD306FC- 584ACF66- 6C7D- 9161-4338- 4F7C-9BC7- A4E5-A9047595E01D Precision Emprise, LLC | CSLB # 1032474 | 417 Harrison St, Oakland, CA 94607 | Tel 650- 867- 8657 | Fax 650- 240- 3866 | contact@PCCNorCal. com

LIMITATIONS
PCC removes only those trip hazards specifically requested or approved by customers, and therefore makes no guarantee or representation that areas are free of trip hazards after the work is completed. In addition, PCC only performs certain trip hazard repairs. Among other things, PCC does not remove and replace sidewalk slabs (R&Rs) and does not repair certain ATTNs (e.g. utility boxes). Furthermore, to preserve clients’ budget, PCC typically does not perform any repair at and around any sidewalk slabs that require to be replaced. It is our customers’ responsibility to provide proper access and PCC assumes no liability for trip hazards that cannot be repaired due to parked vehicles or other obstacles preventing safe and practical access. In such cases, PCC returns once to attempt completion of repairs that could not be completed the first time. Additionally, it is recognized that after completion of the work, the concrete trip hazards may and frequently do continue to move naturally over time due to roots, water, freezing, pipes, and other natural or man - made causes. PCC is not responsible for movement or changes in the sidewalk and is not liable for any related claims, losses, damages or liabilities thereto pertaining to it.

Precision Concrete Cutting is committed to providing the highest quality service to our customers.

Should you have any questions or comments, please do not hesitate to contact us.

PCC REPRESENTATIVE: YOUR REPRESENTATIVE:

Joseph Ortega X____________________________ !""
07/ 13/ 2023
DocuSign 0E9557BD0852DocuSign Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B Envelope Envelope ID: ID: 3FD306FC- 584ACF66- 6C7D- 9161-4338- 4F7C-9BC7- A4E5-A9047595E01D RESOLUTION NO. 23-117
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A First Amendment To The Maintenance Services Agreement With Precision Concrete Inc. To Increase The Total Compensation By $208,000 For A Total Amount Not To Exceed $ 253,000 For On-Call Sidewalk Survey And Repairs As Part Of The Sustainable Streetscapes Project ( SUT- 01) And To Extend The Contract Term To December 31, 2026
WHEREAS, the City entered into a Maintenance Contract ( Agreement) with Precision Concrete Inc. (Contractor) on December 12, 2022; and
WHEREAS, under the Agreement, the Contractor determined specific locations on City sidewalks requiring trip hazard and ADA non-compliance repairs, but the scope did not include funding to conduct the repairs; and
WHEREAS, the City requires additional funding to conduct those repairs; and WHEREAS, the City requires on-call maintenance service to conduct future spotcondition assessment and repairs of City sidewalk trip hazards and ADA non-compliance; and
WHEREAS, the cost to complete the spot repairs is $108,000, and the cost to fund oncall services through December 31, 2026 is not to exceed $ 100,000; and WHEREAS, a First Amendment to the Agreement is needed to pay for the additional services; and
WHEREAS, there is adequate funding in the CIP within the Sustainable Streetscapes Project ( SUT-01); therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a First Amendment to the Maintenance Contract with Precision Concrete Inc., attached hereto as Exhibit A, to increase the contract amount by $208,000 to an amount not to exceed $ 253,000 for On-Call Sidewalk Survey and Repairs and extend the contract term to December 31, 2026.

DocuSign Envelope ID: D5E5C803- 41BF-4895-A779-772014271D9D Resolution No. 23-117
First Amendment to On-Call Sidewalk Survey and Repair Contract City Council Meeting | September 5, 2023

ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, September 5, 2023, by the following vote:

AYES: 5
Mayor Bauters, Vice Mayor Welch and Council Members Kaur, Mourra and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
Exhibit A – Contractor Proposal for a First Contract Amendment DocuSign Envelope ID: D5E5C803- 41BF-4895-A779-772014271D9D

C A L I F O R N I A

M A I N T E N A N C E S E R V I C E S C O N T R A C T

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV 06/2020

FIRST AMENDMENT

THIS FIRST AMENDMENT TO THE MAINTENANCE SERVICES CONTRACT Amendment”) is effective as of _______________ by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and PRECISION CONCRETE CUTTING (“Contractor”), individually referred to as a “Party” and collectively as the Parties”.

W I T N E S S E T H T H A T
WHEREAS , the City and Contractor entered into a Maintenance Services Contract dated December 20, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide Concrete Sidewalk Survey and Shaving Services; and WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. AMENDMENT
The Parties agree to amend the Contract as checked below:

1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1, attached hereto and incorporated herein by this reference.

1.2 Termination Date
The Parties desire to extend the termination date. Section 1.5 of the Contract is hereby amended to extend the termination date to DECEMBER 31, 2026.

DocuSign 0E9557BD0852DocuSign Envelope Envelope ID: ID: 3FD306FC-D5E5C803- 9161- 4BF-4338- 4895-9BC7- A779772014271D9D City of Emeryville | Maintenance Services Contract Amendment REV 06/2020

1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 1.3.C of the Contract by TWO HUNDRED EIGHT THOUSAND DOLLARS AND NO CENTS ($208,000.00). The total
amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO HUNDRED FIFTY THREE DOLLARS AND NO CENTS ($253,000.00).

2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.

From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.

3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

SIGNATURES ON FOLLOWING PAGE
DocuSign 0E9557BD0852DocuSign Envelope Envelope ID: ID: 3FD306FC-D5E5C803- 9161- 4BF-4338- 4895-9BC7- A779772014271D9D City of Emeryville | Maintenance Services Contract Amendment REV 06/2020

6. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT

FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: PRECISION CONCRETE CUTTING
Signature)
Joseph Ortega, Vice President
Attach:

W-9 Form
Attach:

Business License Certificate
DocuSign Envelope ID: 3FD306FC- 9161-4338-9BC7-0E9557BD0852 07/24/2023
DocuSign Envelope ID: D5E5C803- 41BF-4895-A779-772014271D9D Precision Emprise, LLC | CSLB # 1032474 | 417 Harrison St, Oakland, CA 94607 | Tel 650- 867- 8657 | Fax 650- 240- 3866 | contact@PCCNorCal. com

Date 7/10/23
PROPOSAL FOR “ NOT TO EXCEED” AGREEMENT BETWEEN

THE CITY OF EMERYVILLE AND PRECISION CONCRETE CUTTING ( PCC)

OVERVIEW
Uneven sidewalks caused by ground settling and tree roots cause a potential hazard to pedestrians.

Displaced sidewalks cause problems for both public and private entities in the form of trip and fall liability exposure.

It is proposed that the City of Emeryville and PCC enter into an agreement whereby PCC will assess, and repair sidewalks (horizontal concrete saw cutting) as identified and requested by City staff. The price for these services shall not exceed the dollar amount and quantity defined in the Proposal Detail” section below.

BACKGROUND INFORMATION ON PRECISION CONCRETE CUTTING
PCC has been assessing and repairing sidewalks since 1990. The company performs work throughout the United States and with dozens of cities in California.

PCC is the leader in sidewalk asset management. We specialize in assessing sidewalk infrastructure and repairing uneven sidewalks. Our unique saw-cutting method for correcting off-set sidewalk panels leaves behind ADA compliant results for a fraction of the cost of new concrete. Our clients benefit from detailed GIS maps that allow them to create a GIS database to cost effectively manage their sidewalk infrastructure.

ASSESSMENT SERVICES
PCC technicians will walk every panel in the project area and visually assess potential tripping hazards and damage. PCC will provide a GIS compatible report that lists each location identified including a photo, exact location, off-set height and square foot amount for replacement locations.

PROPRIETARY MOBILE PHONE SOFTWARE
PCC has developed proprietary mobile software usable across multiple platforms (Android, iPhone, iPad, Smart Phone, etc.)
Provides GPS Coordinates – Integrates with GIS systems
Mapping – Provides detailed location data plotted with Google Maps Detailed Reporting – Provides specific and detailed data on measurements for every trip hazard Addresses – The software gives the address and longitude / latitude of each trip hazard location Additional Data - Records other data, e.g., spalling, cracks, replacements or other data you need
Sidewalk Asset Management – PCC offers complete sidewalk asset management EXHIBIT A-1
DocuSign Envelope ID: D5E5C803- 41BF-4895-A779-772014271D9D Precision Emprise, LLC | CSLB # 1032474 | 417 Harrison St, Oakland, CA 94607 | Tel 650- 867- 8657 | Fax 650- 240- 3866 | contact@PCCNorCal. com

PROPRIETARY AND PATENTED REPAIR METHOD
To Date, PCC has been awarded 8 patents by the US Patent and Trademark Office on our trip hazard removal equipment and process. The following is each patent description and number where they can be reviewed on the US Patent office web site – www.uspto.gov 6,827,074 - Hub and blade combination patent
6,896,604 - Dust hood patent
7,000,606 - Cutting apparatus and broadening patent
7,143,760 - Method patent
7,201,644 - Variations and broadening patent
7,402,095 - Extended methods patent
9,759,559 - Stand up measuring gauge digitized readout
9,494,407 - Stand up measuring gauge

PROPOSAL DETAILS
Contract amount: Total charge for services rendered shall not exceed $208,000. 108,000 for repairs outlined in area 1 below and $100,000 for on-call request through December 31st, 2026.

Sidewalk Repair Billing Units: Services are billed in “Inch Feet”. An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying this average by the length of the cut. Example: A sidewalk off-set on a 4-foot-wide sidewalk that consists of a 0.5” rise on one side, and tapers down to a zero rise on the other is calculated as follows:

0.5” +0” x 4ft = 1 inch-foot
2 Unit Price for sidewalk shaving: $45.97 per inch foot DocuSign Envelope ID: D5E5C803- 41BF-4895-A779-772014271D9D Precision Emprise, LLC | CSLB # 1032474 | 417 Harrison St, Oakland, CA 94607 | Tel 650- 867- 8657 | Fax 650- 240- 3866 | contact@PCCNorCal. com

Streets with Sidewalks to be repaired: Area 1:

DocuSign Envelope ID: D5E5C803- 41BF-4895-A779-772014271D9D Precision Emprise, LLC | CSLB # 1032474 | 417 Harrison St, Oakland, CA 94607 | Tel 650- 867- 8657 | Fax 650- 240- 3866 | contact@PCCNorCal. com

LIMITATIONS
PCC removes only those trip hazards specifically requested or approved by customers, and therefore makes no guarantee or representation that areas are free of trip hazards after the work is completed. In addition, PCC only performs certain trip hazard repairs. Among other things, PCC does not remove and replace sidewalk slabs (R&Rs) and does not repair certain ATTNs (e.g. utility boxes). Furthermore, to preserve clients’ budget, PCC typically does not perform any repair at and around any sidewalk slabs that require to be replaced. It is our customers’ responsibility to provide proper access and PCC assumes no liability for trip hazards that cannot be repaired due to parked vehicles or other obstacles preventing safe and practical access. In such cases, PCC returns once to attempt completion of repairs that could not be completed the first time. Additionally, it is recognized that after completion of the work, the concrete trip hazards may and frequently do continue to move naturally over time due to roots, water, freezing, pipes, and other natural or man - made causes. PCC is not responsible for movement or changes in the sidewalk and is not liable for any related claims, losses, damages or liabilities thereto pertaining to it.

Precision Concrete Cutting is committed to providing the highest quality service to our customers.

Should you have any questions or comments, please do not hesitate to contact us.

PCC REPRESENTATIVE: YOUR REPRESENTATIVE:

Joseph Ortega X____________________________ !""
07/ 13/ 2023
DocuSign Envelope ID: D5E5C803- 41BF-4895-A779-772014271D9D RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE TO

AUTHORIZE THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH PRECISION CONCRETE INC. FOR

ON-CALL SIDEWALK SURVEY AND REPAIRS AS PART OF THE SUSTAINABLE STREETSCAPES PROJECT (SUT-01) TO EXTEND THE CONTRACT TERM TO DECEMBER 31, 2027
WHEREAS, the City entered into a Maintenance Contract (Agreement) with Precision Concrete Inc. (Contractor) on December 12, 2022; and
WHEREAS, the City requires on-call maintenance service to conduct future spotcondition assessment and repairs of City sidewalk trip hazards and ADA non-compliance; and
WHEREAS, the City entered into a First Amendment to the contract on September 18, 2023 extending the contract expiration through December 31, 2026 in a total amount not to exceed $253,000; and
WHEREAS, the City desires to extend the contract through December 31, 2027 with no increase in the contract amount; and
WHEREAS, sidewalk maintenance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301; and WHEREAS, there is adequate funding in the CIP within the Sustainable Streetscapes Project (SUT-01); therefore, be it
RESOLVED, by the City Council of the City of Emeryville, that all foregoing recitals are true and correct and incorporated herein as findings.

AND BE IT FURTHER RESOLVED that the City Manager is authorized to enter into a Second Amendment to the Maintenance Contract with Precision Concrete Inc. to extend the contract term through December 31, 2027.

Resolution No. _____
Second Amendment to the On-Call Sidewalk Repair Contract City Council Meeting | September 1, 2026

ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, September 1, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL
City of Emeryville

C A L I F O R N I A

M A I N T E N A N C E S E R V I C E S C O N T R A C T

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV01/2025

SECOND AMENDMENT

THIS SECOND AMENDMENT TO THE MAINTENANCE SERVICES CONTRACT (“Amendment”) is effective as of _______________ by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and PRECISION CONCRETE CUTTING (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Maintenance Services Contract dated December 20, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide Concrete Shaving Services; and
WHEREAS, the City and Contractor amended the contract on September 5, 2023 to add sidewalk survey services and increase the contract capacity to an amount not to exceed $253,000; and
WHEREAS, the City and Contractor amended the contract on September 5, 2023 to terminate on December 31, 2026; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. AMENDMENT
The Parties agree to amend the Contract as checked below:

1.1 Exhibit A
 Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
 Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-Revision Number, attached hereto and incorporated herein by this reference.

Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B City of Emeryville | Maintenance Services Contract Amendment REV01/2025

1.2 Termination Date
 The Parties desire to extend the termination date. Section 1.5 of the Contract is hereby amended to extend the termination date to DECEMBER 31, 2027.

1.3 Total Compensation Amount
 The Parties desire to increase the Total Compensation Amount as set forth in Section 1.3.C of the Contract by FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00).

2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.

From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.

3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

SIGNATURES ON FOLLOWING PAGE
Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B City of Emeryville | Maintenance Services Contract Amendment REV01/2025

6. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT

SECOND AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
LaTanya Bellow, City Manager
Dated: PRECISION CONCRETE CUTTING
(Signature)
Joseph Ortega, Vice President
Attach:

W-9 Form
Attach:

Business
License
Certificate
Attach:

Department of
Industrial
Relations
Registration
Attach:

Insurance
Certificate and
Endorsements
Docusign Envelope ID: 720EC58A-B7AE-8BFE-821A-0CDBBDBFC63B 08/19/2026
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: September 1, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Mohamed Alaoui, Public Works Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH EKI
ENVIRONMENT & WATER, INC. TO INCREASE THE TOTAL
COMPENSATION BY $94,000, FOR A TOTAL AMOUNT NOT TO
EXCEED $535,500, FOR ADDITIONAL ENVIRONMENTAL SERVICES
RELATED TO HORTON LANDING PARK, EPW 17-112 (CIP NO.
16475006)

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute Amendment No. 5 to the Professional Services Agreement with EKI Environment & Water, Inc. (EKI) for additional environmental services at Horton Landing Park. Amendment No. 5 would increase the agreement by $94,000, from $441,500 to a total not-to-exceed amount of $535,500, to complete additional work requested by the California Department of Toxic Substances Control (DTSC) under the City's Standard Voluntary Agreement for the site.

BACKGROUND
The South Bayfront Pedestrian Bicycle Bridge Project was constructed together with the Horton Landing Park as one construction project. Portions of the project were constructed on property with prior industrial and railroad uses and required investigation, remediation, regulatory coordination, and long-term environmental management. In 2017, the City entered into a Professional Services Agreement with EKI in the amount of $200,000 for environmental investigation, cleanup planning, construction support, monitoring, and regulatory reporting for the Horton Landing Park portion of the project.

The City Council subsequently authorized amendments to the Professional Services Agreement. Amendment No. 1 extended the term of the agreement. Amendment No. 2 added $175,500 for expanded environmental services during construction. Amendment No. 3 added $40,000 for continued field observation, documentation, regulatory reporting, and services associated with DTSC voluntary oversight. Amendment No. 4 added $26,000 for additional regulatory documentation, including work related to an Operations and Maintenance Plan and Agreement and a Land Use Covenant. Following Amendment No. 4, the agreement has a total authorized amount of $441,500. The EKI Environment & Water, Inc. 5th Amendment
City Council Meeting | September 1, 2026

agreement and amendments can be found in Attachment A.

In May 2021, the City entered into a Standard Voluntary Agreement with DTSC for environmental oversight of Horton Landing Park. EKI submitted a Preliminary Endangerment Assessment (PEA) for Areas A through H in August 2022. DTSC issued comments on the PEA in February 2026. On March 31, 2026, EKI responded on behalf of the City (Attachment B), noting that remedial actions and redevelopment of the park had already been completed and that the site is capped by hardscape, bridge improvements, and clean imported fill. On July 20, 2026, DTSC responded to the City's comments (Attachment C) and identified additional and remaining work needed to complete the regulatory process and establish long-term stewardship requirements for the site.

DISCUSSION
DTSC's July 20, 2026 letter confirms that its Geological Services Branch comments have been addressed, but identifies remaining toxicology, ecological risk, and projectmanagement issues. These include updating screening levels and the human health risk evaluation; addressing the continued protectiveness of remedial goals; evaluating potential ecological exposure pathways; and establishing the documents that will govern long-term monitoring, reporting, maintenance, and future soil-disturbing work. DTSC also identified the need for a Land Use Covenant, refinements to the Operations and Maintenance Plan and Agreement, and future consideration of sea level rise vulnerability.

EKI's August 6, 2026 proposal for Amendment No. 5 converts those remaining regulatory requirements into a defined scope of work which includes regulatory completion and long-term stewardship. The Site Management Plan will establish procedures for future earthwork and soil handling; the Operations and Maintenance Plan and Agreement will establish inspection and maintenance requirements for the site cap; and the Land Use Covenant will document continuing environmental restrictions.

Completing this work will provide a clear framework for the City to manage the site over the long term and respond to future subsurface work in a manner consistent with DTSC requirements.

CEQA DISCUSSION
The South Bayfront Pedestrian-Bicycle Bridge project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, and a Notice of Exemption was filed with Alameda County in September 2008. The Notice of Exemption found that the project is located in an urban area, is consistent with applicable land use policies, is part of the Emeryville Greenway, avoids work within Temescal Creek, and would not result in significant effects related to traffic, noise, air quality, or water quality. Amendment No. 5 authorizes additional environmental consulting, regulatory documentation, risk assessment, monitoring and long-term site management work associated with the previously approved project and does not authorize additional construction or expansion of the EKI Environment & Water, Inc. 5th Amendment
City Council Meeting | September 1, 2026

physical project. Accordingly, approval of Amendment No. 5 does not alter the City’s prior CEQA determination for the South Bayfront Pedestrian-Bicycle Bridge project.

STRATEGIC PLAN CONNECTION
Approval of Amendment No. 5 aligns with the City Council’s 2026–2028 Strategic Plan for Quality Infrastructure and Environmental Stewardship. The proposed environmental services will finalize regulatory documentation, set monitoring and maintenance standards, and assess Horton Landing Park’s resilience to future conditions like sea level rise. This work protects the City’s investment, maintains public park compliance, and meets DTSC requirements.

FISCAL IMPACT
Amendment No. 5 would add $94,000 to the EKI agreement, increasing the total not-toexceed amount from $441,500 to $535,500. The $94,000 proposal is allocated among the seven tasks shown above. Sufficient funds are available in Project 16475006 Fund 473.

STAFF COMMUNICATION WITH THE PUBLIC
None.

CONFLICT OF INTEREST
None.

CONCLUSION
The physical remediation and park improvements have been completed, but DTSC has identified additional documentation, risk evaluation, and long-term stewardship actions necessary to complete the regulatory process. Approving Amendment No. 5 will allow EKI to respond to DTSC's remaining comments, finalize the Preliminary Endangerment Assessment, establish requirements for future soil-disturbing work and cap maintenance, and prepare the legal and operational controls needed for long-term protection of the site. Staff therefore recommends that the City Council adopt the attached resolution authorizing Amendment No. 5.

PREPARED BY: Mohamed Alaoui, Public Works Director

ATTACHMENTS
▪ Attachment A- Base Contract & Amendments 1-4
▪ Attachment B – March 31, 2026 EKI Responses to DTSC Comments ▪ Attachment C – July 20, 2026 DTSC Comment Letter
▪ Draft Resolution
EKI Environment & Water, Inc. 5th Amendment
City Council Meeting | September 1, 2026

➢ Exhibit A – August 6, 2026 EKI Work Scope and Budget Augmentation - Amendment No. 5
ORiGI

PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (" Agreement") is effective as of this 25th day of August , 20 17, by and between THE CITY OF EMERYVILLE, a municipal corporation, (" City") and EKI Environment & Water, Inc.( Consultant"), collectively referred to as the " Parties."
WITNESSETH THAT:

WHEREAS, in 2008, the former Emeryville Redevelopment Agency ("Agency") approved the South Bayfront Pedestrian - Bicycle Bridge, also referred to as the Horton Landing Park Project (referred to herein as " Project'); and
WHEREAS, in 2009, in preparation to construct the Project, pursuant to the City's General Plan Policy CSN-P-41, the Agency contracted with EKI, Inc.(" EKI") to examine the Project site; and
WHEREAS, in 2011, the State of California began taking steps to dissolve redevelopment agencies, which resulted in efforts to complete the Project stalling; and WHEREAS, although EKI preformed some services, in 2012, the contract expired due to lack of funding; and
WHEREAS, the City desires to move the Project towards completion; and WHEREAS, the City desires to complete the Hazardous Materials Assessment including assessment of lands on the west side of Union Pacific Railroad tracks; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Agreement; and, WHEREAS, the City has determined that the Consultant is qualified by training and experience to render such services; and,
WHEREAS, the Consultant desires to provide such services; and, WHEREAS, the public interest will be served by this Agreement; and, NOW, THEREFORE, the Parties hereto do mutually agree as follows:

I. SCOPE OF SERVICES AND TERMINATION DATE
A. Project Description

FOR CITY USE ONLY
Contract #: 17028- 0000- PW01 CIP #: 16475006
Reso.#: 17- 121 EPW #: N/ A
Attachment A
A complete Project Description is described in Exhibit A.

B. Services
The services to be completed under this Agreement (" Services") are described in Exhibit A.

C. Schedule and Completion Date:

The services to be provided by Consultant under this Agreement shall commence on within 14 Calendar Days of the Notice to Proceed and terminate on June 30, 2019.

D. Right of Entry Agreement and Release:

1. This Agreement contemplates Consultant performing a portion of the Services as a contractor of the City on property that is owned by 5616 Bay Street Investors, LLC, which is more particularly described in Exhibit B. Consultant shall perform such Services subject to and consistent with the Right of Entry Agreement between 5616 Bay Street Investors, LLC and the City, of which a true and correct copy is attached hereto as Exhibit B (" Right of Entry Agreement"). Consultant agrees to comply with all terms and conditions required by the Right of Entry Agreement that apply to the Services, including but not limited to, paragraphs 3 and 6 of the Right of Entry Agreement.

2. Each person entering upon the property owned by 5616 Bay Street Investors LLC, under this Agreement shall do so at its own risk. On behalf of itself and its agents, representatives, assigns, heirs, spouses, successors - in -interest, executors, administrators, employees, contractors, subcontractors, material suppliers and vendors Releasors"), Consultant assumes all risk of entering the property owned by 5616 Bay Street Investors LLC and agrees that 5616 Bay Street Investors LLC and City are irrevocably and unconditionally released and shall not be liable in any manner for injury to or death of Releasors or their respective officers, employees or agents or for damage to property of Releasors arising from any cause. This release applies to all potential future claims and Consultant on behalf of itself and the Releasors agrees to waive any and all rights pursuant to Section 1542 of the California Civil Code, which reads as follows:

A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

II. WORK CHANGES
A. The City reserves the right to order changes in the work to be performed under this Agreement by altering, adding to or deducting from the work. All such changes shall be incorporated in written change orders executed by the Consultant and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the parties cannot reach an agreement on the terms for performing the changed work within a reasonable time, to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Consultant shall proceed with the changed work.

B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in a change order duly executed on behalf of the City and the Consultant.

C. The City Manager has authority to execute without further action of the Emeryville City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or increase the total amount to be paid under this Agreement, as set forth in Section III. B below. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $ 45,000 must be approved by resolution of the Emeryville City Council.
111. COMPENSATION AND METHOD OF PAYMENT
A. City agrees to pay the Consultant for the services performed and costs incurred by Consultant upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Consultant upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. The City shall pay the Consultant within forty-five ( 45) days after approval of the invoice by City staff.

B. The total amount paid under this Agreement as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO HUNDRED THOUSAND DOLLARS ($ 200, 000) except as outlined in Section II. C., above. The compensation for Services performed shall be computed based upon time and materials at the hourly rates stated in Attachment A attached to Exhibit A. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications,

facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.

IV. COVENANTS OF CONSULTANT
A. Assignment of Agreement
The Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Consultant shall be solely responsible for reimbursing them and the City shall have no obligation to them.

B. Responsibility of Consultant and Indemnification of City It is the intent of the parties that the language of this Paragraph complies fully with the requirements of section 2782. 8 of the California Civil Code as enacted by AB 573. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and 5616 Bay Street Investors, LLC, and their respective members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury ( including without limitation injury to or death of an employee of Consultant or subconsultants as well as any claim by any employee, agent, Consultant or independent contractor hired or employed by Consultant that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and the costs of investigation, to the extent arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control, whether or not there is alleged to be concurrent negligence on the part of the City and/ or 5616 Bay Street Investors, LLC, but, to the extent required by law, excluding liability caused by the conduct of the City and/ or 5616 Bay Street Investors, LLC. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Consultant. This obligation to indemnify and defend the City and 5616 Bay Street Investors, LLC, their respective members, officers, agents, employees and volunteers shall survive termination of this Agreement.

C. Independent Contractor
The Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Consultant agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of consultants, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Consultant agrees to be solely responsible for its own acts and those of its subordinates and employees during the life of this Agreement.

D. Insurance

1. Requirements: The Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Consultant, its agents, representatives, employees or subcontractors. If requested, Consultant shall provide the City with redacted copies of the relevant policy. These requirements are subject to amendment or waiver if so approved in writing by the City Manager.

2. Minimum Limits of Insurance: Consultant shall maintain limits no less than:
a. Commercial General Liability providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for
bodily injury, including death, of one or more persons, property damage and personal injury with limits of not less than Five Million Dollars ($ 5,000,000) per occurrence. The policy shall provide contractual liability and, if required by City, products and completed operations coverage for the term of the policy.
b. Comprehensive Automobile Liability ( owned, non -owned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than Three Million Dollars ($ 3, 000,000).

c. Professional Liability of One Million Dollars ($ 1, 000, 000) providing coverage on a claims made basis for errors,
omissions or malpractice. Professional liability insurance must be continued for at least 5 years after termination or final payment under the Agreement, whichever is later.
d. Workers' Compensation limits as required by the laws of the State of California and Employers Liability limits of not less than $ 1, 000, 000 per accident.

No Workers' Compensation insurance shall be required if Consultant completes the following certification:

I certify that my business has no employees and that I
do not employ anyone. I am exempt from the legal
requirement to provide Workers' Compensation
Insurance.

Consultant' s initials)
e. Employer' s liability insurance on all employees, for occupational accidents or disease, with limits of not less than 1, 000, 000 per occurrence.
f. Umbrella/ Excess Liability insurance written in amount of 5, 000,000 per occurrence and in the annual aggregate,
written on a per location basis. Such insurance shall be written on a follow -form basis and shall be no more
restrictive than the commercial general liability, automobile liability, and employers liability policies referenced above in Sections D. 2.( a), D. 2.( b), and D. 2.( e) of this Agreement.

Consultant shall by specific endorsement or otherwise cause the umbrella/ excess policy to be first tier umbrella coverage and sit in excess of the primary coverage afforded within Sections D. 2.( a), D. 2.( b), and D. 2.( e) ( employers liability only) above. It is the specific intent of the parties that Consultant procure the excess carrier's agreement to waive and/ or forego any viable " horizontal exhaustion" rights such excess carriers might have in regard to any insurance carrier by City might carry for its own benefit or on behalf of others.

Pollution Legal Liability insurance in amounts no less than 5, 000, 000, providing coverage for all pollution conditions, which includes, but is not limited to, the remediation of soil, groundwater, or other contaminants.
g.

3. Deductibles and Self -Insured Retentions: Any deductibles or self - insured retentions must be declared to and are subject to approval by the City.

4. Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions:
a. General Liability and Automobile Liability Coverage.

Consultant shall name the City of Emeryville, 5616 Bay
Street Investors, LLC, and their officials, employees,
agents and volunteers as additional insureds in its
Commercial General Liability and Automobile Liability
policies. If Consultant submits the ACORD Insurance
Certificate, the additional insured endorsement must
be set forth on a CG 20 10 11 85 form (or more recent)
and/ or CA 20 48 — Designated Insured Form ( for
business auto insurance); The coverage shall contain
no special limitations on the scope of protection
afforded to the City, its officials, employees, agents or volunteers, except where limited by State laws.

When a certificate says, " certificate issued to" this does not mean the same as additional insured and is not
acceptable.
ii. Consultant' s insurance coverage shall be primary
noncontributing insurance as respects to any other
insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any
insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of
the Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers.
iv. Coverage shall state that the Consultant' s insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's liability.

v. Coverage shall be provided on a " pay on behalf" basis, with defense costs payable in addition to policy limits.

There shall be no cross liability exclusion.
vi. The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and
volunteers for losses arising from work performed by
the Consultant for the City.
vii. All endorsements to policies shall be executed by an authorized representative of the insurer.
b. Workers' Compensation Coverage
The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Consultant for the City.
c. All Coverages
Each insurance policy required by this clause shall be
endorsed to state that City will be provided thirty ( 30) days written notice of cancellation.

5. Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A minus VIII.

6. Verification of Coverage: Consultant shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this Agreement prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Consultant' s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The Consultant shall provide proof that any expiring coverage has been renewed or replaced at least two ( 2) weeks prior to the expiration of the coverage.

7. Subcontractors: Consultant shall either include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor demonstrating that
subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage required by this

Agreement, including but not limited to naming the City, its officials, employees, agents and volunteers as additional insureds.

8. Claims -Made Policies. Consultant shall extend any claims -made insurance policy for at least 5 years after termination or final payment under the Agreement, whichever is later.

E. Records, Reports and Audits

1. Records
a. Records shall be established and maintained by the
Consultant in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement.

Except as otherwise authorized, such records shall be
maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore,
records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.
b. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible.

2. Reports and Information: Upon request, the Consultant shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City.

3. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Consultant will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement.

F. Conflicts of Interest
The Consultant covenants and declares that, other than this Agreement, it has no holdings or interests within the City of Emeryville, nor business holdings or agreements with any official, employee or other representative of the City. For the duration of this Agreement, in the event the Consultant or its principals, agents or employees acquire such a holding, interest or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Consultant will immediately notify the City of such holding, interest or agreement in writing.

G. Confidentiality
The Consultant agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.

H. Discrimination Prohibited
The Consultant covenants and agrees that in performing the services required under this Agreement, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability.

I. Licenses, Certifications and Permits
The Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Consultant by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.

J. Key Personnel
Earl James is necessary for the successful prosecution of the work due to his unique expertise and depth and breadth of experience. There shall be no change in Consultant' s Project Manager or members ofthe project team.

Consultant recognizes that the composition of this team was instrumental in the City' s decision to award the work to Consultant and that compelling

reasons for substituting these individuals must be demonstrated for the City' s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant' s obligations under this Agreement and shall be grounds for termination.

K. Authority to Contract
The Consultant covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.

L. Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Consultant ("Materials") shall be an are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Consultant or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Consultant assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment.

M. Living Wage
If this Agreement provides for compensation to Consultant of $ 25, 000 or more within a single fiscal year for providing services to the City, then Consultant shall comply with the requirements of the City's Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless ( i) Consultant is a governmental entity, ( ii) this Agreement is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Agreement is subject to federal or state laws or regulations that would preclude the application of the City' s laws.

Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Agreement for all employees of Consultant who perform at least twenty-five percent ( 25%) of the work arising from this Agreement, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5- 31. 08.

Consultant shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten ( 10) working days following a written request for such documentation and information from the City.

Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Consultant for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney' s fees and costs. In addition, the City may terminate the Agreement and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.

Consultant shall notify each of its affected employees regarding wages that are required to be paid pursuant to this Agreement. " Living Wage" means no less than $ 14.44 per hour ( as of July 1, 2015, subject to increase annually on July 1st to reflect the twelve month average increase to the Consumer Price Index for all urban consumers in the San Francisco - Oakland -San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.

N. Prevailing Wages
To the extent the services to be provided by Consultant pursuant to this Agreement constitutes " public work" as defined in Labor Code Section 1720, Consultant shall pay and shall ensure that all subconsultants or subcontractors pay all persons providing labor to perform the work under this Agreement applicable prevailing wage rates for the work to be performed as determined in the General Prevailing Wage Determination Wage Determination") made by the Director of Industrial Relations pursuant to California Labor Code sections 1770, 1773, et. seq., and otherwise comply with all provisions of this Section IV.N. A copy of the applicable Wage Determination is on file in the offices of the City.

Consultant is required to comply with the following provisions and to insure that all subcontracts include the following provisions. If, for some reason, these provisions are not included in subcontracts, they shall nevertheless apply:

1. Hours of Labor: Eight hours labor constitutes a legal day's work.

Consultant shall forfeit, as penalty, Twenty -Five Dollars ($ 25) for

each worker employed in the performance of the Agreement by Consultant or by any subconsultant under him for each calendar day during which such workman is required or permitted to work more than eight ( 8) hours in any one ( 1) day and forty ( 40) hours in any one ( 1) calendar week in violation of the provisions of the California Labor Code and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees of Consultant in excess of eight ( 8) hours per day and forty ( 40) hours during any one ( 1) week shall be permitted under compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half ( 1- 1/ 2) times the basic rate of pay, as provided in said section 1815.

2. Labor Non -Discrimination: Consultant shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, gender identity, or age of such persons, except as provided in section 12940 of the Government Code.

3. Prevailing Wages: Consultant shall comply with California Labor Code sections 1770 to 1780, inclusive. In accordance with section 1775, Consultant shall forfeit as a penalty an amount determined by the Labor Commissioner, not to exceed Fifty Dollars ($ 50), for each calendar day or portion thereof for each worker paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the Agreement by him or by any subconsultant under him in violation of the provisions of the Labor Code, and in particular, Labor Code sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Consultant.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county in which the work is to be done have been determined by the Director of the California Department of Industrial Relations and can be obtained on- line at http:// www. dir. ca. gov. It is mandatory for Consultant and any subcontractor to pay not less than the specified rates to laborers and workers employed by them in the execution of this Agreement.

Consultant shall comply with the provisions enacted by AB 854 that require Consultant and any subcontractor be registered with the State Department of Industrial Relations ( DIR) pursuant to Labor

Code section 1725. 5. This Agreement is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section
1771. 4. Consultant shall post job site notices, pursuant to Title 8 California Code of Regulations Section 16451.

Consultant shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements of section 1773. 8.

4. Payroll Records: Consultant shall be responsible for the compliance with Labor Code section 1776 by his subconsultants.
a. Each Consultant and subconsultant shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other
employee employed by him or her in connection with the
public work.
b. The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Consultant on the following basis:

A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such
employee or his or her authorized representative on
request.
ii. A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to the City, the Division of
Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of
Industrial Relations.
iii. A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request to the public for inspection or copies thereof made;
provided, however, that a request by the public shall be made through the City, the Division of Apprenticeship
Standards, or the division of Labor Standards
Enforcement. If the requested payroll records have not
been provided pursuant to paragraph ( b), the
requesting party shall, prior to being provided the

records, reimburse the costs of preparation by
Consultant, subconsultant and the entity through which
the request was made. The public shall not be given
access to such records at the principal office of
Consultant.
c. The certified payroll records shall be on forms provided by the division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. d. Each Consultant shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of a written request.
e. Any copy of °records made available for inspection as copies and furnished upon request to the public or City, the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address, and social security number. The name and address of Consultant shall not be marked or obliterated.
f. In the event of noncompliance with the requirement of this section, Consultant shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects such Consultant must comply with this section.

Should noncompliance still be evident after such ten ( 10) day period, Consultant shall, as a penalty to the State or City, forfeit Twenty -Five Dollars ($ 25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.

The penalties specified in subdivision ( g) of Labor Code section 1776 for noncompliance with the provisions of said section 1776 may be deducted from any monies due or which may become due to Consultant.

Consultant and each subconsultant shall preserve their
payroll records for a period of three ( 3) years from the date of completion of the Agreement.

5. Apprentices: Consultant shall fully comply with the requirements of sections 1777. 5 and 1777. 6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with section 1777. 5, Consultant shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. Consultant shall require each subconsultant who will perform work or labor or render service to Consultant in or about the construction of the work to comply fully with sections 1777. 5 and 17777. 6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.

6. Workers' Compensation: Pursuant to the requirements of section 1860 of the California Labor Code, Consultant will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

By signing this Agreement, Consultant certifies the following:

I am aware of the provisions of section 3700 of the California 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."

7. Event of Default: Failure by Consultant to comply with any provision of this Section shall constitute a default of this Agreement and shall be grounds for termination as provided in this Agreement.

V. TERMINATION
A. The City shall have the right to terminate this Agreement for any reason whatsoever by providing written notice thereof at least five ( 5) calendar days in advance of the termination date.

B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.

C. Upon termination, City shall provide for payment to the Consultant for services rendered and expenses incurred prior to the termination date.

D. Upon receipt of a termination notice the Consultant shall: ( 1) promptly discontinue all services affected, unless the notice directs otherwise; and 2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used

by the Consultant in performing this Agreement, whether completed or in process, in the form specified by the City.

E. The rights and remedies of the City and the Consultant provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity.

VI. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement.

VII. ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both parties with appropriate authorization.

VIII. SUCCESSORS AND ASSIGNS
Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties.

IX. APPLICABLE LAW AND ATTORNEY'S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of California will control. The prevailing party shall be entitled to reasonable attorney' s fees in addition to any other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Agreement shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.

X. SEVERABILITY
The caption or headnote on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article( s) or section( s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the extent possible.

Xl. BUSINESS LICENSE
Prior to commencement of the services to be provided hereunder, Consultant shall apply to the City of Emeryville Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.

XII. NOTICES
A. Communications Relating to Daily Activities
All communications relating to the day-to- day activities of the work shall be exchanged between Todd Teachout for the City and Earl James for the Consultant.

B. Official Notices
All other notices, writings or correspondence as required by this Agreement shall be directed to the City and the Consultant, respectively, as follows:

CITY
Andrew Clough,
Acting Public Works Director
City of Emeryville
1333 Park Avenue
Emeryville, California 94608
Phone No. ( 510) 596- 4341
Fax No. ( 510) 596- 4389
E- Mail [email protected]

CONSULTANT
Earl James, Vice President
EKI Environment and Water, Inc.
577 Airport Blvd., Suite 500
Burlingame, CA 94010
Phone No. 415-385-2326
E- Mail ejames@ekiconsult. com
XIII. WAIVER OF AGREEMENT
The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

IN WITNESS WHEREOF the City and the Consultant have executed this Agreement, which shall become effective as of the date the City Manager executes this Agreement on behalf of the City.

Approved as to form:

Michael A. Guina, City Attorney

CITY OF EMERYVILLE
Dated: — c 3 , 20I- 7 0
Dated:_ 14 July , 2017
Carolyn Lehr, City Manager

CONSULTANT
By:

Its: Vice President

EXHIBIT A

SCOPE OF WORK

ek, environment
water
577 Airport Blvd. Suite 500
Burlingame, CA 94010
650) 292- 9100
ekiconsult. com
23 May 2017
Maurice Kaufman
Public Works Director/ City Engineer
City of Emeryville
1333 Park Avenue
Emeryville, California 94608
Subject: Proposal for Pre -Characterization Waste Sampling, Updating the SCP and Contract Documents, Providing Bid Assistance and Environmental Services During Soil Remediation, and Preparing a Completion Report Horton Landing Park
Emeryville, California
EKI B7- 081)
Dear Mr. Kaufman:

Erler & Kalinowski, Inc. (" EKI") is pleased to submit this proposal for environmental services related to the preparation for and the implementation of soil remediation activities for the Horton Landing Park property ( the " Site") in Emeryville, California.

Such activities include pre -characterization waste sampling, updating the Site Cleanup Plan (" SCP") and contract documents, providing bid assistance and environmental services during soil remediation, and preparing a completion report. EKI services are proposed to be provided on behalf of our client, the City of Emeryville (" City"; " Client"), in accordance with similar terms in our previous agreements.

The Site (Areas A to H) is approximately 1. 2 acres and is bordered on the north by City' s former Public Works Facility, on the west by the Union Pacific Railroad (" UPRR") tracks, on the south by the Sherwin- Williams facility, and on the east by the Novartis Vaccines Diagnostics facilities and the Novartis Easement Parcel. It is EKI' s understanding that the City is considering purchasing Area I, a 0. 15 acre parcel located adjacent to the west of the Site. Like the Site, Area I was a former rail spur. It is EKI' s understanding that the City is interested in redeveloping the Site, including Area I, as part of the Emeryville Greenway that extends to the north and as part of the bridge across the railroad tracks to the Bay Street development (" Project"). It is EKI' s understanding that this Project has not substantially changed since the April 2010 Project plans and specifications prepared by Biggs Cardosa Associates Inc. (" BCA").

Formerly known as Erler & Kalinowski, Inc.

Oakland, CA ( 510) 452- 5700 • Larkspur, CA ( 4I5) 464- 9245 • Los Angeles, CA ( 310) 857- 160G • Centennial, CO ( 303) 796- 0556 vironment
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Previous environmental investigations at the Site (Areas A to H) and were documented in the Soil and Groundwater Investigation Data Report, Horton Landing Park, Emeryville, California, dated 20 July 2009. Shallow soils are primarily impacted by arsenic and lead.

Additional chemicals of concern include selected petroleum hydrocarbons, polychlorinated biphenyls (" PCBs"), and organochlorine pesticides.

The approved remedy for Areas A to H of the Site was described in the Site Cleanup Plan, Horton Landing Park, Emeryville, California (" SCP"), dated March 2010. The remedy includes excavation to a minimum of 1 foot below ground surface (" bgs") in areas with impacted shallow soil. Deeper soils excavations may be necessary to meet project grading requirements. Deeper soils are also impacted and will require handling in accordance with the approved plan. Excavated soils with a non -hazardous waste classification could potentially be reused within the embankment fill area where the pedestrian bridge would be constructed. It is EKI' s understanding that additional waste characterization sampling is needed to facilitate direct loading and/ or reuse of excavated soil within the embankment fill area because previous waste characterization data were collected approximately 8 years ago and landfills are unlikely to accept data of that age. It is EKI' s understanding that the SCP will be updated to incorporate Area I and that the investigation of Area I will be completed prior the start of work included in this proposal.

It is EKI' s understanding that the City is acting as the Lead Agency under a Memorandum of Understanding (" MOU") with the California Department of Toxic Substances Control DTSC") and the San Francisco Bay Regional Water Quality Control Board (" SFRWQCB").

Ms. Susan G. Colman is acting as Brownfields Site Manager (" Site Manager") who will provide regulatory and technical support to the City. The Site Manager will confer with the Department of Toxic Substances (" DTSC") for review and approval of documents, as needed, in relation to the Site.

The proposed scope of work for EKI' s services includes the following tasks:

Task 1: Conduct waste characterization sampling for soils within Areas A to F Task 2: Update SCP
Task 3: Finalize bid documents and provide bid assistance Task 4: Conduct environmental services during soil remediation Task 5: Prepare completion report
Further description of the scope of work is provided below. It is assumed that the proposed scope of work will be conducted under oversight from the Site Manager. It is envronm
water
assumed that the tasks will be completed in the order, as shown above, to facilitate efficient finalization of the SCP and bid documents.

PROPOSED SCOPE OF WORK
Task 1— Conduct Waste Characterization Sampling for Soils Within Areas A to F As identified in the SCP, portions of Areas A to F, located outside the footprint of the embankment area, require soil excavation. A portion of excavated soils from Areas A and B were identified for reuse within the embankment area, and other excavated soils were to be disposed of at an off -site permitted disposal facility. It is EKI' s understanding that the disposal facilities typically require waste characterization data to be collected within a year prior to waste disposal.. The proposed budget for collecting and analyzing pre -characterization waste samples includes the following specific assumptions:

Coordinate with selected landfills to evaluate if waste characterization sampling plan, described below, is sufficient for the landfills to pre -approve in -place soil for disposal.

Subcontract a driller to drill 33 borings at previous investigation locations using HSA to a depth of 2 feet bgs. It is assumed that 75- percent of the boring locations will require asphalt coring . It is assumed that the distance from the nearest UPRR main track is sufficient such that a permit will not be required from UPRR to conduct this work. A drilling permit from the ACPWA will be required.

Stake 33 boring locations in the field by a surveyor based on previous survey coordinates.

Collect 8 composite soil samples from 0 to 2 feet bgs. Soil samples will be composited in the field.

Based on previous waste characterization data in the SCP, it is assumed that composite soil samples will be analyzed by a California -certified analytical laboratory as follows:
o All composite soil samples will be analyzed for Title 22 metals, , total petroleum hydrocarbons (" TPH") as gasoline (" TPH- g"), TPH as diesel TPH- d"), and TPH as motor oil (" TPH- mo").
o All composite soil samples will be subjected to the Waste Extraction Test WET"). The extract will be analyzed for arsenic, chromium, copper, and lead, as needed, for comparison against California hazardous waste criteria.
o 50-percent of the composite soil samples will be subjected to the Toxicity Characteristic Leaching Procedure (" TCLP"). The extract will be analyzed env ronrne
er
for arsenic and lead, as needed, for comparison against Federal hazardous waste criteria.
o Composite soil samples will be analyzed on a standard, 7-to-10-working day turnaround time.

Additional waste characterization analyses that may be required by the landfills based on previous investigation data include: PCBs and organochlorine pesticides. Costs for these additional analyses are not included in this proposal.

Containerize investigation derived wastes (" IDWs") in appropriate Department of Transportation (" DOT") drums. IDW drums will be stored at a location specified by the Client. It is assumed that results from the composite soil samples will be sufficient to characterize the soil cuttings drums. One composite water sample will be collected from the drums containerizing decontamination water and analyzed for Title 22 metals, TPH- g, TPH- d, TPH- mo, and pH. Coordinate disposal of IDWs on behalf of Client. Client will be responsible for disposing of IDWs at a permitted off -site disposal facility in accordance with applicable laws and regulations. Based on previous waste characterization data, it is assumed that IDWs would be hazardous waste, and the Client would have 90 days to dispose of the drums from the date the IDWs were generated. If the IDWs are a Resource Conservation and Recovery Act (" RCRA") hazardous waste, an EPA ID number would be required for the Site. If the IDWs are a non- RCRA hazardous waste, a California temporary ID number would be required for the Site.

Prepare a memorandum summarizing results of pre -characterization waste sampling results and distribute to appropriate permitted off -site disposal facilities for pre -approval of waste characterization data.

If additional analyses and sampling frequencies are required by appropriate permitted off -site disposal facilities or if subsurface obstructions are encountered, EKI will request additional budget to complete this work.

Task 2 — Update SCP
EKI will update the SCP to incorporate Area I into the definition of the Site, to present investigation results of Area I, to present recent waste characterization data, and to describe proposed remedial activities for Area I, if necessary. Other portions of the SCP that will require updating include: ( 1) the remedial goals, which were based on the 2008 San Francisco Bay Regional Water Quality Control Board (" SFRWQCB") Environmental Screening Levels (" ESLs") and were updated in February 2016, ( 2) the estimated cost for potential remedial alternatives, and ( 3) site -specific plans for implementing remediation activities in accordance with updated sampling methods, regulations, and site conditions, etc.
environsanent
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It is assumed that up to three rounds of response to Client, Site Manager, and/ or DTSC comments would be performed and that only hardcopies of the finalized SCP would be required.

Task 3 — Finalize Bid Documents and Provide Bid Assistance It is EKI' s understanding that the status of the technical specifications and plans for soil remediation prior to placing the Project on hold by the City in 2011 is as follows:

EKI draft technical specifications for soil remediation were incorporated into Section 14 — Remedial Specifications of the draft issued for bid Project contract documents, dated 27 December 2010. EKI provided comments to this document on 19 January 2011, and it is EKI' s understanding that this is the most current version of the technical specifications.

The most recent version of the EKI' s draft issued for bid plans are dated 17 May 2011.

EKI will update the remedial specification section of the most current version of the Project contract documents in accordance with the updated SCP and will review other portions of the Project contract documents for conformance with requirements in the updated specifications. EKI will also update soil remediation bid items on the bid sheet, as necessary, and provide an updated engineer' s estimate for these bid items. EKI will attend one coordination meeting with the City. This proposal assumes that the City will reproduce and distribute the Contract Documents as needed for public bidding in accordance with City practices.

EKI will provide bidding assistance to the City including attendance at a pre -bid site walk, preparation of one addendum for distribution by the City, and review and tabulation of contractor' s bids for bid items that pertain to the soil remediation.

Task 4 — Conduct Environmental Services During Soil Remediation EKI will provide the following environmental services during soil remediation. The support activities include observation during soil remediation activities, perimeter air monitoring, and additional waste characterization sampling, as needed. The proposed budget for this task is based upon the following assumptions:

The total soil remediation duration is assumed to be one month of contiguous days of work completed in one mobilization.

Decontamination water and extracted groundwater, requiring characterization and off -site disposal, is not generated during soil remediation activities. env.ronment
waxer
Requirements for perimeter air monitoring and soil sampling will be consistent with the original SCP. It is assumed that perimeter air sampling ( up to 3 stations) will be collected and analyzed on fast turnaround time for only the first 2 days of excavation and that subsequent monitoring only consists of dust monitoring due to the implementation of effective dust control measures.

The majority of excavated soil for soil remediation will be pre -characterized in Task 2 to facilitate direct loading and off -haul. For additional soils excavated as part of construction of the pedestrian bridge and Emeryville Greenway, it is assumed that up to 8 stockpile soil samples will be collected and analyzed to characterize stockpiles for off -site disposal.

During the soil excavation activities, EKI will have one person on Site full time to observe soil excavation activities, conduct perimeter air monitoring, and to collect stockpile soil samples. The EKI field representative will observe the Client' s soil excavation contractor (" Contractor") to determine if work is proceeding in compliance with the portion of the Contract Documents that pertain to soil remediation and will advise the Client if the Contractor' s work may conflict with those requirements.

EKI will not have authority to stop the Contractor' s work. EKI will not advise on or issue directions with respect to safety and security precautions and programs, or means, or methods of the Contractor' s work. EKI does not have a role in the Contractor' s health and safety.

Remediation activities will be conducted during a standard, 40- hour work week.

EKI personnel will complete the tasks described herein in Level D personal protective equipment (" PPE").

All surveying of the excavation extent will be performed by the Client' s designated surveyor and associated costs are not included in this proposal.

If the soil excavation activities extend beyond the estimated time period or is not contiguous, if the amount of perimeter air sampling or soil sampling is greater than estimated, if previously unknown contamination is encountered during excavation, if a higher level of PPE for EKI personnel is required, if collection and analysis of water samples is deemed necessary, or if shell hash or other items of archaeological significance are encountered, EKI will request additional budget to complete the project.

Task 5 — Prepare Completion Report
EKI will prepare a completion report documenting remediation activities conducted in accordance with the updated SCP. The completion report will provide tables summarizing sampling results and figures summarizing the extent of excavation work.

Coordinates of the excavation extent will be provided by the Client' s designated environmerT
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surveyor, and a summary of waste disposal tonnages by landfill will be provided by the Contractor to EKI. The draft completion report will be submitted for Client and regulatory review and approval before finalizing. It is assumed that three rounds of response to Client, Site Manager, and/ or DTSC comments and that only hardcopies of the finalized completion report would be required.

PROJECT SCHEDULE
We are prepared to begin work immediately on this project upon receipt of Client' s authorization to proceed. Upon notice to proceed from the Client and subject to Client and regulatory approval, EKI anticipates that it will take approximately four weeks to complete pre -characterization waste sampling (Task 1), approximately 2 weeks to update the SCP ( Task 2), approximately 2 weeks to update Contract Documents ( Task 3), approximately 1 month for environmental services during soil remediation ( Task 4), and approximately 3 weeks to prepare the completion report (Task 5). The schedule to perform Tasks 3 to 5 is dependent on the Client' s redevelopment schedule and regulatory approval.

COMPENSATION FOR CONSULTING SERVICES
Inasmuch as the exact level of effort to complete the proposed Scope of Work cannot be identified at this time, compensation for consulting services by EKI Environment & Water, Inc. will be on a time and expense reimbursement basis in accordance with our current Schedule of Charges, dated 1 January 2017, attached. We propose a budget of 200,000 for the performance of Tasks 1 through 5, described above, which will not be exceeded without additional authorization. A breakdown of the budget is provided below:

Task Estimated Budget
1 Conduct Waste Characterization Sampling for Soils Within Areas A to F
57, 000
2 Update Site Cleanup Plan 10, 000
3 Finalize Bid Documents and Provide Bid Assistance 16,000 4 Conduct Environmental Services During Soil Remediation 87, 000 5 Prepare Completion Report 30, 000
TOTAL PROPOSED BUDGET 200, 000
We assume that the City will provide a written amendment to our Agreement providing specific work authorization for this project for EKI review and approval. envirofreni
water
We are pleased to have the opportunity to work with you on this project. Please call if you have any questions or wish to discuss these matters in greater detail.

Very truly yours,
EKI ENVIRONMENT & WATER, INC.

Joy Su, P. E.

Project Manager
vITA/t--
Earl James, P. G.

Vice President
Attachments: Schedule of Charges, dated 1 January 2017
Client/ Address: City of Emeryville
1333 Park Avenue
Emeryville, CA 94608- 3517
Proposal/ Agreement Date: May 23, 2017
SCHEDULE OF CHARGES FOR ERLER & KALINOWSKI, INC.

EKI Proposal#: B7- 081
Modified)
2 JANUARY 2017
Personnel Classification Hourly Rate
Officer and Chief Engineer - Scientist 275
Principal Engineer - Scientist 265
Supervising Engineer -Scientist 255
Senior I, Engineer -Scientist 233
Senior II, Engineer - Scientist 217
Associate I, Engineer - Scientist 207
Associate II, Engineer - Scientist 193
Engineer - Scientist, Grade 1 181
Engineer - Scientist, Grade 2 171
Engineer - Scientist, Grade 3 158
Engineer - Scientist, Grade 4 136
Engineer -Scientist, Grade 5 119
Engineer -Scientist, Grade 6 106
Technician 98
Senior GIS Analyst 125
GADD Operator / GIS Analyst 110
Administrative Assistant 97
Secretary 80
5% Discounted
261
252
242
221
206
197
183
172
162
150
129
113
101
93 119
105
92 76
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus ten percent ( 10%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.

Reimbursement for company -owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of sixty cents ($ 0. 60) per mile. The rate for company -owned trucks and four-wheel drive vehicles will be seventy- five cents

0. 75) per mile. There will be an additional charge of thirty dollars ($ 30.00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus ten percent ( 10%).

CADD Computer time will be charged at twenty dollars ($ 20. 00) per hour. In- house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.

Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one- half times the Hourly Rates specified above.

The foregoing Schedule of Charges is incorporated into the Agreement for the Services of Erler & Kalinowski, Inc. and may be updated annually.

Exhibit B
Right of Entry Agreement

PEDESTRIAN BRIDGE RIGHT OF ENTRY AGREEMENT
This PEDESTRIAN BRIDGE RIGHT OF ENTRY AGREEMENT (" Agreement") is made by and between 5616 Bay Street Investors LLC, a Delaware limited liability company Grantor"), and the City of Emeryville, a California municipal corporation (" City"), as of the Effective Date indicated under City' s signature block, below.

RECITALS
A. Grantor is the fee owner of certain real property located along Bay Street in the City of Emeryville, County of Alameda, identified as Lots 1 and 5 of Tract Map No. 7661, filed for record on September 25, 2002, in the Official Records of the Alameda County Recorder, in Book 267 of Maps, Pages 1- 20, File Number 2002429896, respectively referred to as APN 049- 1039- 003 and 049- 1038- 009, and depicted in Exhibit A and Exhibit B attached hereto Grantor' s Property").

B. As contemplated in the Disposition and Development Agreement between Grantor and the City of Emeryville as Successor Agency to the Emeryville Redevelopment Agency (" Successor Agency"), the City is in the process of designing and securing necessary rights of way for the South Bayfront Bicycle/ Pedestrian Overcrossing (" Project"), which will connect Grantor' s Property with the City' s public park/ open space located on the east side of the Union Pacific railroad tracks, commonly referred to as the Horton Landing Park.

C. City is in the process of developing detailed plans and specifications for the construction of the Project ( the " Plans and Specifications"), and desires to gain access to Grantor' s Property on a temporary basis in order to ( i) investigate the potential existence of cultural resources within the location of the foundations for the Main Bridge, West Ramp and West Stairs to be constructed on Grantor' s Property, and ( ii) subject to the prior written consent of Grantor as to the timing, methods and scope of such mitigation, implement mitigation of any impacts of the Project on cultural resources, ifpresent.

D. Grantor desires to grant to City temporary, non- exclusive rights of access over a portion of the Grantor' s Property to undertake its cultural resource investigation and mitigation activities in connection with the Project.

E. The parties further desire hereby to set forth their respective rights and obligations in connection therewith.

AGREEMENT
NOW, THEREFORE, in consideration ofthe foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

OAK #4826- 8148- 0253 v8 1
Right of Access.
a. Grant. Grantor, for itself, its successors and assigns and all those taking by, under or through Grantor ( each, a " Grantor Party"), hereby grants to City a temporary, nonexclusive, right of access (" Temporary Access") to enter upon, exit from, traverse, and otherwise use a portion of Grantor' s Property, as described and depicted in Exhibit C (" Access Area 1") and Exhibit D (" Access Area 2"), attached hereto and incorporated herein ( each an " Access Area" and collectively the " Access Areas"). The Access Areas may be used by City to (i) investigate the presence of cultural resources and hazardous materials within the planned location of the foundations for the West Ramp, Main Bridge and West Stairs of the Project, as shown on Pages 64, 85 and 116 of the draft Plans and Specifications dated October 7, 2016, and attached hereto as Exhibit E, Exhibit F and Exhibit G, respectively, and ( ii) subject to the prior written consent of Grantor as to the timing, methods and scope of such mitigation, implement mitigation ofthe impact of the Project on cultural resources, if present (" Work").

The Work to be undertaken within the Access Areas pursuant to this Agreement shall be undertaken in two ( 2) phases and shall be performed by the City at its sole cost and expense.

Phase One shall entail surveying, staking, and collecting nine ( 9) core samples within the footprint of the location of the aforementioned foundations; four (4) core samples will be taken from within Access Area 1 and five ( 5) core samples will be taken from within Access Area 2, as more particularly described in the proposal dated January 12, 2017, from AECOM, attached hereto as Exhibit H. Further, the nine ( 9) core samples shall be tested for the presence of hazardous materials in accordance with section 4. 7.2 ofthe ERMP, as more particularly described in the proposal dated January 19, 2017, from Erler & Kalinowski, Inc., attached hereto as Exhibit I.

Phase Two shall only be undertaken within Access Area 2. Phase Two will entail saw cutting and removing any asphalt or concrete material within the footprint of the location of foundations within Access Area 2, and excavating the soils therein with mechanical equipment and by hand to an approximate depth of five feet (5') to seven feet ( 7'). All asphalt or concrete material shall be disposed of off -site at an appropriate disposal facility at the sole cost and expense of the City. All excavated soils will be stockpiled adjacent to the excavation areas, tested for purposes of characterizing the soil for off -site disposal, and once the investigatory excavation is complete, the excavation areas will be backfilled with the native excavated soils, and those excavation areas underlying parking spaces shall be repaved with asphalt and restriped, as necessary. In addition, as provided in Section 2. a. iv below, all other portions of Grantor' s Property ( including, without limitation, drive lanes and existing asphalt and concrete areas adjacent to the affected parking spaces) that are damaged or disturbed by the City in connection with the performance of Work shall be promptly repaired and restored to the condition existing immediately prior to the commencement of the Work. The foregoing notwithstanding, if required and directed by DTSC or any other governmental agency, City shall transport and dispose of excavated soils impacted with hazardous materials, and shall sign all manifests for the disposal of any such soils as the " generator" thereof; further, as necessary, City shall backfill excavation areas with clean fill material.
b. Use of and Term of Temporary Access. The term ofthe Temporary Access shall commence upon the Effective Date. The City Engineer shall provide written notice OAK 114826- 8148- 0253 v8 2
to Grantor no less than ten ( 10) working days prior to undertaking any activities in the Access Areas in connection with the Work pursuant to this Agreement, and shall comply with the provisions of sections 2.d. and 3 in connection with any such entry onto the Access Areas. The Work to be undertaken pursuant to this Agreement shall be completed and the term of the Temporary Access shall terminate upon the earlier of (i) completion of Phase Two, or ( ii) September 30, 2017. The City Engineer shall provide written notice to Grantor upon completion of the Work as provided herein.
c. No Unreasonable Interference by Grantor. Grantor shall not obstruct, use, or knowingly permit any Grantor Party to use any of the Access Areas in any manner that will unreasonably interfere with the Work or the other rights expressly granted to the City hereunder collectively, " Access Rights"). Without limiting the foregoing, Grantor agrees to keep the Access Areas and ingress and egress routes over Grantor' s Property open and free from any temporary or permanent structures of any kind installed or controlled by or on behalf of Grantor or any Grantor Party, except for existing surface paving and fencing, and shall utilize diligent good faith efforts to ensure that any maintenance, repair or other work is undertaken expeditiously ( but without the requirement for the payment of overtime salaries, wages or charges) and in a manner that minimizes, to the extent reasonably practicable, any unreasonably adverse impacts on any of the Access Rights. To facilitate City' s use of the Access Areas, Grantor shall cease use of approximately eight ( 8) parking spaces within Access Area 2 no later than five ( 5) working days following receipt of City' s notice of commencement of the Work pursuant to Section 1. b. herein; further, prior to commencement of the Work, Grantor shall move and relocate landscaping material currently being stored in Access Area 2, and move and relocate a donation station structure currently located within Access Area 2. Notwithstanding the foregoing, if Grantor fails to do so, the City shall have the right to move and temporarily relocate any materials or items stored within the Access Areas and impeding the Work upon providing notice to Grantor.
d. No Interference by the Grantee with Parking Structures or Loading Docks.

The City shall ensure that the exercise of its Access Rights does not interfere with ingress and egress to the parking structures on Grantor' s Property, to any parking spaces on Grantor' s Property beyond the eight (8) parking spaces referenced above or to any loading dock located on Grantor' s Property by delivery vehicles and service vehicles. e. Rights Retained by Grantor. Grantor shall have the right to use the Access Areas for any purposes not inconsistent with the express rights granted to the City hereunder.

The City shall take all actions reasonably requested by Grantor to enable Grantor to make full use of Grantor' s Property, excepting only to the extent that such use by Grantor would be inconsistent with the express rights granted to the City hereunder.

2. Work.
a. Conduct of Work; Repair and Restoration.
i. City shall construct the Work using methods and materials selected by City at its sole cost and expense, and in accordance with applicable laws. All Work shall be OAK # 4826- 8148- 0253 v8 3
conducted and in a manner and timetable determined in City' s reasonable discretion but shall be completed prior to the expiration of the term of this Agreement provided above in Section 1. b. ii. Prior to the commencement of the Work, City shall cordone off the Access Areas and take such other actions as may be reasonably requested by Grantor to ensure the safety of the public, including, without limitation, to ensure that pedestrians do not inadvertently enter upon the Access Areas or into excavated areas. iii. City shall promptly repair damage to Grantor' s Property to the extent caused by City, its employees, agents, contractors or subcontractors in connection with the Work, so as to restore damaged areas to as near to the same condition in which they existed immediately prior to commencement of the Work, to the reasonable satisfaction of Grantor.

Access Area 1 is currently improved with concrete sidewalk paving, fencing along its southern edge, and landscaping within a planter strip between the aforementioned sidewalk and fencing.

The Work to be undertaken within Access Area 1 is limited to taking soil core samples from within the landscaping planter strip and thus the parties anticipate that there will be no need for City to repair or restore any damage within Access Area 1; provided, however, that if any damage does occur within Access Area 1, then the City shall promptly repair such damage as provided herein.
iv. Access Area 2 is currently improved with asphalt paving and fencing along its eastern edge. Notwithstanding the foregoing, the parties recognize that after completion of the Work, the City will return to Grantor' s Property in calendar year 2018 to construct the Project and install permanent foundations in the location of the excavated areas identified in Exhibit E, Exhibit F and Exhibit G and transport and dispose of all excavated soils off -site at an appropriate disposal facility. Accordingly, the parties agree that unless otherwise directed by DTSC or as provided in the immediately succeeding paragraph, as part of the Work the City shall backfill the excavated areas within Access Area 2 with native fill material to the top of the existing ground surface and shall only reinstall asphalt paving in the areas of the parking spaces and restripe as necessary. If required by DTSC, City shall transport and dispose of excavated soils impacted with hazardous materials, and shall backfill excavation areas with clean fill material.
v. For the avoidance of doubt, in the interim between the completion of the Work and the City' s return to Grantor' s Property, the Access Areas to which the City shall return shall be improved in a manner reasonably acceptable to Owner (i.e., such Access Areas shall either be repaired so that Owner can reopen them to the public or shall be blocked with barricading or fencing, in either case containing graphics, acceptable to Owner, at the City' s sole cost and expense).
b. Permits and Licenses; Compliance with Law. In connection with its obligations hereunder, City ( i) shall comply with all applicable legal requirements, including all federal, state, and local laws ( including City ordinances and resolutions, and requirements of other agencies with authority), whether or not said laws are expressly stated herein, and ( ii) shall, at its sole cost and expense, obtain and maintain all necessary permits and licenses.

OAK # 4826- 8148- 0253 v8 4
c. Liens. City shall pay, when due, all persons furnishing labor or materials in connection with any work to be performed by or on behalf of City related to the Work and on or about the Access Areas, and shall keep Grantor' s Property free and clear of any related mechanics' liens. If any lien is filed, the City shall cause such lien to be released and removed within ten ( 10) days after the date of filing, and if City fails to do so, the Grantor may take such action as may be necessary to remove such lien, without the duty to investigate the validity of the lien ( unless the City has commenced an action to contest, dispute or defend the claims of lienholders and has provided Grantor with written notice of the pendency of the action, in which case the City shall bond over or otherwise cause such lien to be removed of record pending the resolution of work dispute), and the City shall reimburse Grantor for reasonable actual amounts expended in connection with removing such lien together with interest thereon at the Local Agency Investment Fund interest rate established by the State of California, from the date of expenditure.
d. Environmental Risk Management Plan. City shall undertake its Work within the Access Areas in accordance with the Environmental Risk Management Plan ERMP") dated July 12, 2000, applicable to Grantor' s Property and available at c11virostorAtsc. ca. L40v;' ublieffinal documents2. asp?, 0obal ic0 01890019& doc ic1- 5 013135. No less than fourteen ( 14) calendar days prior to commencing Work, City shall notify the California Environmental Protection Agency, Department of Toxic Substances Control DTSC") of the Work to be undertaken in accordance with this Agreement and secure DTSC' s approval of a Health and Safety Plan for each contractor to access the Access Areas pursuant to this Agreement ( i. e. AECOM and EKI). City shall place plastic sheeting beneath and over all excavated soils that are temporarily stockpiled within the Access Areas before they are backfilled into the excavation areas. City shall be solely responsible for all costs, fees, taxes and expenses associated with the excavation, handling and testing of soils pursuant to the Work, as well as for the transportation and disposal of soils, if required by DTSC, and shall sign all manifests for the disposal of any soils impacted with hazardous materials as the " generator" thereof.

3. Insurance. Prior to commencing any portion the Work, City shall obtain and maintain, or cause its contractor( s) to obtain and maintain, in full force for the entire term of this Agreement, at no expense to Grantor, insurance for the Work against claims which may arise out of or result from the performance of the Work performed by City, its contractor and subcontractors of any tier, or by anyone directly or indirectly employed by any ofthem, or by anyone for whose acts any of them may be liable. All policies shall be written on an occurrence basis. All insurance shall be written by companies that are authorized to write business in the State of California and have, at all times, a Best' s rating of "A- VIII" ( A minus VIII) or better by AM Best & Company, and with coverage and policy limits as follows ( unless otherwise specified herein):
i) Commercial General Liability insurance written on Insurance Services Office (" ISO") Commercial General Liability Coverage " occurrence" form CG 00 01 or another Commercial General Liability "occurrence" form providing equivalent coverage and including Broad Form Comprehensive General Liability coverage, blanket contractual liability coverage, Independent Contractors coverage, coverage for bodily injury ( including death), property damage ( including loss of use thereof) and products and completed operations with limits of not OAK # 4826- 8148- 0253 v8 5
less than $ 5, 000, 000 per occurrence. Limits may be provided in a " layered" program utilizing primary, umbrella or excess liability policies and shall be maintained for at least 1 year following completion of the Work;
ii) Comprehensive auto liability for all owned, hired and non -owned vehicles brought onto the Property with combined single limits of not less than $ 3, 000, 000 per occurrence;
iii) Worker' s Compensation insurance as required by the State of California; iv) Employer' s liability insurance on all employees, for occupational accidents or disease, with limits of not less than $ 1, 000, 000 per occurrence; v) Umbrella/Excess Liability insurance written in amount of $5, 000, 000 per occurrence and in the annual aggregate, written on a per location basis. Such insurance shall be written on a follow -form basis and shall be no more restrictive than the commercial general liability, automobile liability, and employers liability policies referenced above in Sections 3( i), 3( ii), and 3( iv) ofthis Agreement. City shall by specific endorsement or otherwise cause the umbrella/ excess policy to be first tier umbrella coverage and sit in excess ofthe primary coverage afforded within Sections 3( i), 3( ii), and 3( iv) ( employers liability only) above. It is the specific intent of the parties that City procure the excess carrier' s agreement to waive and/ or forego any viable " horizontal exhaustion" rights such excess carriers might have in regard to any insurance carrier by Grantor or the Grantor' s Insureds might carry for their own benefit or on behalf of each other;
vi) Pollution Legal Liability insurance in amounts no less than $ 5, 000, 000, providing coverage for all pollution conditions, which includes, but is not limited to, the remediation of soil, groundwater, or other contaminants; and vii) Personal Property insurance on all of its personal property and equipment written on a special causes of loss ( all risk) basis in an amount which City or Contractor deems appropriate. Grantor shall have no interest in the insurance upon City or Contractor' s property.

Grantor will not carry insurance on the City or Contractor' s property.

City shall name Grantor, or cause Grantor to be named, as an additional insured under the policies required in Section 3( i), 3( ii), 3( v) and 3( iv) above. All policies shall provide for ( a) at least thirty ( 30) days written notice to Grantor prior to cancellation, and ( b) at least ten ( 10) days written notice to Grantor for cancellation due to non- payment of applicable premiums. All policies of insurance shall contain full waivers of subrogation in favor of Grantor. City or its contractors' insurance coverage shall be the primary insurance with respect to any other insurance or self-insurance programs maintained by Grantor and such other insurance or selfinsurance programs shall be excess and non- contributory. Prior to the commencement of the Work, City shall deliver to Grantor a certificate of insurance evidencing the coverage provided by each policy and provide replacement certificates fifteen ( 15) days prior to the expiration of any required coverage. City shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

OAK # 4826- 8148- 0253 v8 6

4. Assumption of Risk and Releases. Each person entering upon Grantor' s Property under this Agreement shall do so at its own risk. On behalf of itself and its agents, representatives, assigns, heirs, spouses, successors -in -interest, executors, administrators, employees, contractors, subcontractors, material suppliers and vendors (" Releasors"), City assumes all risk of entering Grantor' s Property and agrees that Grantor is irrevocably and unconditionally released and shall not be liable in any manner for injury to or death of Releasors or their respective officers, employees or agents or for damage to property of Releasors arising from any cause. This release applies to all potential future claims and City on behalf of itself and the Releasors agrees to waive any and all rights pursuant to Section 1542 ofthe California Civil Code, which reads as follows:

A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
City shall include within each of its subcontracts, and within any other agreements with vendors or suppliers who will be entering upon Grantor' s Property, an assumption of risk and a release in favor of Grantor substantially identical to this Section 4.

5. Indemnification. City agrees, on behalf of itself and its Releasors, that Grantor shall not be liable for any bodily injury, sickness, disease or death of any person or damages to any property or any person pursuant to this Agreement and that City shall be responsible for any liability, cost, expenses or claim associated with injuries to or death of any person or damage to property related directly or indirectly to any act or failure to act, whether by Grantor or any Releasor, arising from the activities under this Agreement, including, without limitation, the performance of the Work. City agrees on behalf of itself and its Releasors to indemnify, defend and hold harmless Grantor, from any and all actions, claims and liability for any loss or damage, including, but not limited to, bodily injury, sickness, disease or death of any person or damage to any property, tangible or intangible, resulting from the execution of this Agreement or the entry upon Grantor' s Property by Grantor or any Releasor, and from all costs and expenses, including reasonable attorneys' fees, arising therefrom, except for any claim arising from the sole gross negligence or willful misconduct of Grantor. This indemnification shall survive termination of this Agreement.

6. No Merger; Recordation; Amendment. The rights granted hereunder shall not be terminated or extinguished by nonuse, abandonment, merger, or any other manner. This Agreement may be modified only by the written consent of the parties, evidenced by a document that has been fully executed. Notwithstanding any of the foregoing, City has the right to unilaterally terminate its right to enter upon Grantor' s Property pursuant to this Agreement via a document that has been approved and executed by City (regardless of any Grantor or other approval, consent, or signature), but no such termination shall affect the rights of Grantor, or the obligations or liability of the City, hereunder.

7. Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions ofthis Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions or conditions hereof.

OAK #4826- 8148- 0253 v8 7

8. Counterparts. The parties hereto agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts.

9. Legal and Equitable Relief. Each party shall have the right (but not the obligation) to prosecute any proceedings at law or in equity against any other party, or any other person or entity, violating or attempting to violate or defaulting in the performance of any of the provisions contained in this Agreement in order to prevent such party, person or entity from violating or attempting to violate or defaulting in the performance of any of the provisions of this Agreement or to recover damages for any such violation or default. It is agreed that damages would be an inadequate remedy for violation of this Agreement by any party and, therefore, injunctive or other appropriate equitable relief shall be available to the other party. The remedies available under this Section 9 shall include, by way of illustration but not limitation, ex parte applications for temporary restraining orders, preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, and actions for specific performance of this Agreement. The result of every action or omission whereby any covenant, condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against any party, either public or private, shall be applicable against every such result and may be exercised by any party.

10. Venue; Attorneys' Fees. In the event that any action is brought by either party hereto as against the other party for the enforcement or declaration of any right or remedy in or under this Agreement or for the breach of any covenant or condition of this Agreement, venue shall be in the Superior Court of the County of Alameda, State of California, and the prevailing party shall be entitled to recover, and the other party agrees to pay ( in addition to any other relief that may be granted) all fees and costs to be fixed by the court therein including, but not limited to, reasonable attorneys' fees.

11. Notices. Any notice to be given or other document to be delivered by either party to the other hereunder shall be in writing and shall be deemed to have been duly given and received ( i) upon personal delivery, ( ii) as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below, or (iii) the immediately succeeding business day after deposit with Federal Express or other equivalent overnight courier, addressed to the party for whom intended, set forth in this Section 11. Any party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.

Ifto City: City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Attn: City Attorney
Telephone: ( 510) 596- 4300
OAK #4826- 8148- 0253 v8 8
Ifto Grantor: 5616 Bay Street Investors LLC
c/ o Madison Marquette
Property Management Office
5616 Bay Street
Emeryville, CA 94608
Attn: Senior Property Manager, Bay Street
5616 Bay Street Investors LLC
c/ o UBS Realty Investors LLC
455 Market Street, Suite 1000
San Francisco, CA 94105
Attn: Asset Manager, Bay Street
Telephone: ( 415) 538- 4800

12. Relationship Between the Parties; Authority; Binding Effect. This Agreement does not create any partnership or agency between the parties, each of which is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, contractors and any subcontractors, including any negligent acts or omissions. Neither party is an agent of the other, and has no authority to act on behalf of or to bind the other party to any obligation whatsoever. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind.

Each of the terms, covenants and conditions ofthis Agreement shall extend to and be binding on and shall inure to the benefit the parties and each of their respective successors and assigns and all those taking by, under or through it or them.

13. No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, including rights of the general public to use the Access Areas, nothing herein is intended to create any third party benefit and there are no third party beneficiaries of this Agreement or the Access Rights.

14. Assignment. City shall have the right to assign its rights and obligations under this Agreement to the Successor Agency or the City of Emeryville Community Development Commission, provided that such assignee assumes City' s rights and obligations hereunder.

15. Entire Agreement; Interpretation. The recitals above and exhibits attached hereto are incorporated herein by reference and comprise part of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and no prior oral or written understanding shall be of any force or effect with respect to the matters covered herein. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word including" shall be construed as if followed by the words " without limitation." This Agreement shall be interpreted as though prepared jointly by both parties. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement. Any general rule of construction to the contrary, this Agreement OAK # 4826- 8148- 0253 v8 9
shall be construed to affect the Access Rights. This Agreement shall be interpreted as though jointly prepared by both parties.

16. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder ofthis Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

Signatures Appear On Next Page]
OAK # 4826- 8148- 0253 v8 10
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date noted below.

CITY:

CITY OF EMERYVILLE,
a California municipal corporation
By: & kit
signature must be notarized)
Name: Carolyn Lehr
Its: City Manager
Date: 7 - 7 - ( 7
Effective Date"
APPROVED AS TO FORM:

By:

Michael A. Guina, City Attorney
OAK 44826- 8148- O2; 1 ,• 8 1 I
GRANTOR:
5616 BAY STREET INVESTORS LLC,
a Delaware limited liability company
By: TPF Equity REIT Operating Partnership LP,
a Delaware limited partnership,
its sole member
By: TPF Equity REIT Operating
Partnership GP LLC,
a Delaware limited liability company,
its general pawner
By:

Carl Pierce
Executive Director
By:

EXHIBIT A
Depiction of Lot 1 of Tract Map No. 7661

GRANTOR' S PROPERTY
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OAK # 4826- 8148- 0253 v8
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Exhibit A
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EXHIBIT B
Depiction of Lot 5 of Tract Map No. 7661

GRANTOR' S PROPERTY
OAK #4826- 8148- 0253 v8

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EXHIBIT C

LEGAL DESCRIPTION AND DEPICTION OF
ACCESS AREA 1

LEGAL DESCRIPTION
SOUTH BAYFRONT BRIDGE EASEMENT " A"

REAL PROPERTY SITUATED IN THE CITY OF EMERYVILLE, COUNTY OF

ALAMEDA, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE FOUND BRASS DISK MONUMENT MARKING THE SOUTHWEST CORNER OF LOT 5, AS SHOWN ON THAT CERTAIN TRACT MAP 7661, RECORDED SEPTEMBER 25, 2002 IN BOOK 267 OF MAPS AT PAGE 1 THROUGH 20, ALAMEDA COUNTY RECORDS;

THENCE LEAVING SAID POINT OF COMMENCEMENT, ALONG THE SOUTHERLY LINE OF SAID LOT 5, NORTH 86° 52' 46" EAST, 29. 91 FEET; THENCE LEAVING SAID LINE SOUTH 03° 07' 14" EAST, 20. 00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 86° 52' 46" EAST, 147. 35 FEET,
THENCE SOUTH 03° 07' 14" EAST, 25. 04 FEET;
THENCE SOUTH 86° 52' 46" WEST, 24. 60 FEET;
THENCE NORTH 03° 07' 14" WEST, 4. 25 FEET;
THENCE SOUTH 86° 52' 46" WEST, 122. 75 FEET;
THENCE NORTH 03° 07' 14" WEST, 20. 79 FEET TO THE TRUE POINT OF BEGINNING;
DESCRIBED LANDS CONTAINING AN AREA OF 3, 168 SQUARE FEET, OR 0. 07 ACRES, MORE OR LESS.

REFERENCE IS HEREBY MADE OF A PLAT TO ACCOMPANY LEGAL
DESCRIPTION AND THEREBY MADE A PART HEREOF.

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PUBLIC PEDESTRIAN AND

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INGRESS - EGRESS EASEMENT
PER 1. 0. D. 2001200643 O. R.

PUBLIC UTILITY EASEMENT
r-(FOR WATERUNE USE ONLY)
LOT 5
TRACT MAP NO. 7661
MAP BK 267 PG 1- 20
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Exhibit C- 2

EXHIBIT D

LEGAL DESCRIPTION AND DEPICTION OF

ACCESS AREA

LEGAL DESCRIPTION
SOUTH GBAYFRONT BRIDGE EASEMENT ^^ B"`
REAL PROPERTY SITUATED IN THE CITY Of BNERYVLLE, COUNTY OF ALAK8EOA, STATE OFCALIFORNIA, BEING MORE PARTICULAR DESCRIBED AS

COMMENCING AT THE FOUND BRASS DISK MONUMENT MARKING THE SOUTHWEST CORNER OF LOT5. AS SHOWN ON THAT CERTAIN TRACT MAP 7661. RECORDED 8EPTEK8BER 25. 2002 IN BOOK 207 OF MAPS AT PAGE 1 THROUGH 20. ALAMEOACOUNTY RECORDS;

THENCE LEAVING SAID POINT OFCOMMENCEMENT, ALONG THE SOUTHERLY LINE OF SAID LOT 5, NORTH 8605246" EAST, 193. 75 FEET; THENCE LEAVING SAID LINE SOUTH O3°D7' 14^EAST, 2O. 00 FEET SAID POINT BEING THE TRUE POINT OFBEGINNING; THENCE
SOUTH O3"O7' 14^ EAST, 20. 5UFEET; THENCE
NORTH O8"52' 4G^EAST, 2U. 38FEET, THENCE
SOUTH O3pO714^ EAST, 2G8] 2FEET; THENCE
NORTH 86052' 4G^EAST, 2Q/ uOFEET TOTHE WESTERLY LINE OFLAND OFUNION PACIFIC RAILROAD;

THENCE NORTHERLY ALONG THE
WESTERLY LINE OFLAND [) FUNION PACIFIC RAILROAD, ALONG ANON- TANGENT CURVE TOTHE LEFT, SAID CURVE BEING CONCAVE TOTHE WEST, HAVING ARADIUS DF14273. QGFEET, THE CENTER OF WHICH BEARS NORTH 87" 3740^ EAST, THROUGH A CENTRAL ANGLE OF 1"18'37^.ALONG ANARC HAVING ALENGTH C} F32G. 42FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 8G"52'4G^ WEST, 47. A3FEET; THENCE SOUTH O3"O714^EAST, 28.78FEET; THENCE SOUTH 86052' 48^ VVEST, 2, 48' FEET TO THE TRUE POINT OF
DESCRIBED LANDS CONTAINING AN AREA OF 11, 032 SQUARE FEET, ORO. 25 ACRES, MORE ORLESS. REFERENCE | GHEREBY MADE C} FAPLAT TOACCOMPANY LEGAL PUBLIC PEDESTRIAN AND VEHICULAR PUBLIC LOT 5
ACCESS INGRESS — EGRESS EASEMENT PER TRACT MAP NO. 7661

1. 0.D. 2001200643 O. R. MAP BK 267 PG 1- 20
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EXHIBIT E

FOUNDATION LOCATIONS FOR WEST RAMP
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EXHIBIT F

FOUNDATION LOCATIONS FOR MAIN BRIDGE
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EXHIBIT G

FOUNDATION LOCATIONS FOR WEST STAIRS
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EXHIBIT H
AECOM PROPOSAL DATED JANUARY 12, 2017
January 12, 2017
1112.' 2017
Mr. Maurice Kaufman
Public Works Director/City Engineer
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Cultural Resources Proposal, Horton Street Landing
Re: Preliminary Archaeological Testing
West Approach Horton Street Landing Project, Emeryville Dear Mr. Kaufman:

AECOM ( formerly URS Corporation [ URS]) has developed the following scope of work and cost estimate to assist the City of Emeryville ( City) with prcconstruction archaeological clearance for the Horton Street Landing Project. These efforts represent a continuation of the work begun by URS in 2010, which was put on hold in early 2012 due to loss of Redevelopment Agency funding. 1'he archaeological efforts outlined in this scope of work, as well as the balance ofthe work which was put on hold in the original contract between the City and URS, are required to ensure that the City remains in compliance with Conservation Policy 30 ( CSN-P- 30) ofthe City' s General Plan.. This proposal responds to your request for a proposal to identify potential archaeological resources on the west abutment and approach of the project, which was not analyzed as part of the original 2010 investigation The City' s current objectives are to establish a better understanding of the subsurface conditions along the west approach for the project, and verify that appropriate mitigation of possible significant archaeological resources can be implemented prior to project construction. This proposal is limited to an initial coring program in order to provide data on subsurface conditions which will inform the approach for pre -construction archaeological clearance and/ or archaeological monitoring during construction of the project.

AECOM proposes to conduct an archaeological examination of the soils in the west approach footing locations through investigatory soil bores. If midden soils, or other potentially significant archaeological resources are encountered within the proposed footing locations, additional activities will likely be necessary, including mechanical pre -excavation of the footings in order to ensure that significant archaeological resources or human remains will not be encountered during construction; and possibly limited test excavations or data recovery excavations, Such activities are not covered under the current scope and budget. These efforts would require a separate request that could be combined with the reauthorization of monitoring and report writing funds previously approved for the Horton Landing east approach area (" Area F"), under the original agreement between the City and URS.

Summary descriptions of all tasks are provided below, and a cost estimate for the proposed work is provided in Attachment A.

AECOM
300 Lakeside Drive, Suite 400
Oakland, CA 94612
Tel: 510,893. 3600
Fax: 510. 874. 3266
OAK #4826- 8148- 0253 v8 Exhibit H- 1
Mr. Maurice Kaufman
January 12, 2017