City of Piedmont
COUNCIL AGENDA REPORT
DATE: October 7, 2024
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of the Award of a Contract for the 2024-25 Annual Sidewalk Repair Program to Precision Concrete Cutting in the Amount of $89,000, Approval of an Overall Construction Budget of $97,900; Determine that the Project is Exempt under the California Environmental Quality Act
RECOMMENDATION
By a single motion, take the following actions regarding the 2024-25 Annual Sidewalk Repair Program:
1. Award the Contract for the 2024-2025 Annual Sidewalk Repair Program to Precision Concrete Cutting (PCC) in the amount of $89,000.
2. Approve the overall Estimated Construction Budget of $97,900, which includes the construction cost and a 10% contingency.
3. Determine the project to be exempt pursuant to CEQA Guideline Section CEQA 15301(c).
4. Authorize the City Administrator to execute project related documents.
BACKGROUND
In an ongoing effort to improve sidewalks in the City by correcting deficiencies, staff continue to inspect sidewalks citywide and identify sidewalk locations with offsets directly attributable to City owned street trees.
Public Works has inspected the reported offsets, identified locations that are suitable for concrete shaving and requested bids for 535 locations throughout the City that are appropriate for this repair method. Concrete shaving is a fast, efficient, and green alternative to grinding. Concrete shaving allows for edge-to-edge repairs that eliminate the entire trip hazard at precisely calculated slopes.
DISCUSSION
The City’s purchasing ordinance allows for purchases greater than $75,000 when a cooperative purchasing arrangement is utilized. The City of Piedmont is a member of the Keystone Purchasing Network (KPN), a national purchasing cooperative program with competitively bid products and services. One of the available services is concrete shaving, which is a service offered by Precision Concrete Cutting (PCC). The Public Works Department has obtained “KPN pricing” when soliciting bids for the identified improvements and recommends proceeding with a program in the amount of $89,000.
PCC previously performed concrete shaving work in the City of Piedmont, and the City has experienced positive outcomes with this repair method.
SCHEDULE OF CONSTRUCTION
If this contract is awarded, it is anticipated that the work will begin in November, and the project is anticipated for completion in winter 2024-25.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301(c), in that the project concerns the repair of existing sidewalks.
FISCAL IMPACT
Based on the recommended award amount, staff is proposing the following overall budget:
Construction $ 89,000
Construction Contingency (10%) $ 8,900
Total Estimated Project Construction Budget $ 97,900
Funding for the project will come from the Facilities Maintenance Fund.
CITY ATTORNEY REVIEW
The City Attorney has reviewed and approved the Agreement as to form.
By: Daniel Gonzales, Public Works Director
Attachments:
A. Agreement
Agenda Report Page 2
AGREEMENT
This Contract made October 7, 2024 (“Effective Date”), between the City of Piedmont, California, a municipal corporation, 120 Vista Avenue, Piedmont, California 94611, ("City") and Precision Concrete Cutting, an ("Independent Contractor").
1. City is a municipal corporation which needs certain services and software as more specifically set forth hereafter.
2. Independent Contractor agrees to provide these services and software to the City under the terms and conditions set forth in this Contract (“Contract”).
3. Services
Independent Contractor shall provide the services as set forth in Exhibit A attached hereto and incorporated herein
4. Compensation
a. City will pay the Independent Contractor the unit price of inch-feet for a not to exceed amount of: $89,000 dollars for the services described in Section 3 above.
City shall issue payment within 30 days of the satisfactory completion of the services described in Section 3 above.
5. Term
This contract shall begin on the Effective Date. Unless otherwise terminated as provided in this Contract, this Contract shall terminate one year from the Effective Date.
6. Contractual Relationship
The parties intend that an independent contractor-employer relationship will be created by this Contract. City is interested only in the results to be achieved, and the conduct and control of the work will lie solely with Independent Contractor. Independent Contractor is not to be considered an agent or employee of City for any purpose, and neither Independent Contractor nor any employees of Independent Contractor are entitled to any of the benefits that City provides for City's employees. It is understood that City does not agree to use Independent Contractor exclusively. It is further understood that Independent Contractor is free to contract for similar services to be performed for other cities, persons or entities during the term of the Contract.
Independent Contractor shall be fully responsible for all income, social security or other taxes or deductions, including but not limited to worker's compensation and unemployment deductions, relating to the services it performs for City.
7. Indemnity and Hold Harmless
To the fullest extent permitted by law, Independent Contractor shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and its officers, elected officials, employees, agents, and volunteers (collectively “Indemnitees”) from and against any and all liability, claims, loss, cost, damage, injury (including, without limitation, injury to or Attachment A Agenda Report Page 3
death of an employee of Independent Contractor or its subconsultants), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, incidental and consequential damages, reasonable court costs and attorneys fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation) (“Liability”), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Contract by Independent Contractor or by any individual or entity for whom Independent Contractor is legally liable, including but not limited to, officers, agents, employees, subcontractors or consultants of Independent Contractor.
For design professionals (as that term is defined by Civil Code § 2782.8) acting within the scope of their professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any Indemnitees from and against any and all Liability, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time.
Neither termination of this Contract nor completion of the services shall release Independent Contractor from its obligations under this Section 7, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion, and this section shall survive the termination of the Contract.
8. Insurance
The following minimum levels of insurance coverage shall be provided during the term of this Contract. Prior to the execution of the Contract, Independent Contractor shall provide proof of insurance required. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Independent Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Independent Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage.
Attachment A Agenda Report Page 4
3. Workers’ Compensation: as required by the State of California, with Statutory Limits.
4. Professional Liability (Errors & Omissions): As appropriate to Independent Contractor’s services, and not less than $2,000,000 per occurrence.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City of Piedmont, its Council Members, directors, officers, agents and employees shall be named as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Independent Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Independent Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to this contract, Independent Contractor’s insurance coverage shall be primary insurance coverage (at least as broad as ISO CG 20 01 04 13) with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Independent Contractor’s insurance and shall not contribute with it.
Independent Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Independent Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Independent Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Independent Contractor shall require the insurer to provide City with 30-day prior notice of termination or material change in coverage and ten (10) days prior notice of cancellation for nonpayment.
9. Assignability
Independent Contractor shall not assign, delegate, or transfer any interest in this agreement nor the performance of any Independent Contractor's obligations hereunder, without the prior written consent of the City.
10. Miscellaneous
As used in this Contract, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates.
11. Notices
Any notices to be sent pursuant to this Contract shall be given in writing, via facsimile and concurrently by prepaid U.S. certified or registered postage addressed to City at 120 Vista Avenue, Piedmont, California 94611, and to Independent Contractor at 417 Harrison Street Oakland CA 94607, or at such other address as each party shall give the other in writing from time to time, and notices shall be deemed received at the time of personal delivery or three (3) working days after being placed in the United States Mail, postage prepaid, certified mail, return receipt requested.
Attachment A Agenda Report Page 5
12. Governing Law
This Contract shall be governed by the laws of the State of California. Jurisdiction and venue of litigation arising from this Agreement shall be in the County of Alameda, State of California.
13. Modification
Any modification of this Contract will be effective only if it is in writing signed by all parties to this Contract.
14. Time is of the Essence
Time is of the essence in the performance of this Contract.
15. Termination
The following provisions shall govern termination under this Contract:
a. Either party may terminate this Contract for cause as follows:
(1) The party electing to terminate shall give the other party written notice of termination at least five (5) days prior to the termination date, setting forth very specifically the grounds for termination, the specific provisions of the Contract that has been violated, and a full statement of the facts surrounding the violations(s).
(2) If the terminated party so elects, the parties shall meet promptly and make good faith efforts to resolve the violation(s) in a mutually agreeable way. (3) If any such violation cannot be resolved by the parties at such meeting, or at any mutually agreed extension(s) of such meeting, the termination shall proceed. (4) If the violation(s) have not been resolved, the terminating party may proceed with termination, and with retaining other person(s) or entities to provide services, if the terminating party is the City.
b. Either party may terminate the Contract at any time without cause upon at least sixty (60) days prior written notice to the other party. In the event of any such termination by City, Independent Contractor shall be paid for services actually performed through the date of termination, and Independent Contractor’s work shall be immediately discontinued as of that date, except that City may elect, at City’s option, to have Independent Contractor complete one or more projects or specific activities which are then in progress, in which case Independent Contractor shall be paid for such services until completion. If terminated by Independent Contractor, any assignment accepted by Independent Contractor prior to the notice of termination shall be completed if desired by City.
16. Equal Opportunity
Independent Contractor shall insure that its policies and practices provide equal opportunity to all applicants and employees without regard to race, color, creed, gender , age, religion, national Attachment A Agenda Report Page 6
origin, sexual preference, gender identity, marital status, disability, Acquired Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) and in addition, Independent Contractor must comply with the Americans with Disabilities Act.
17. Compliance with Laws
Independent Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Independent Contractor represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits, insurance and approvals which are legally required for Independent Contractor to practice its profession.
18. Entire Agreement
This Contract constitutes the entire agreement of the parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both parties. In the event of a conflict between the terms set forth in this Contract and the terms set forth in any exhibit to this Contract, the terms of this Contract shall govern over the terms of any exhibit.
19. Ownership of Documents
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Independent Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Independent Contractor for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Independent Contractor or to any other party. Independent Contractor shall, at Independent Contractor’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Independent Contractor are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
20. Licenses
Independent Contractor represents and warrants that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Independent Contractor to practice its profession. Independent Contractor represents and warrants to City that Independent Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Independent Contractor to practice its profession.
21. Waiver
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Contract at Piedmont, California, the day and year first above written.
Attachment A Agenda Report Page 7
CITY OF PIEDMONT: PRECISION CONCRETE CUTTING:
By: ______________________________ By: ______________________________ City Administrator Title:
Attest:
________________________________
Anna Brown, City Clerk
Approved as to form and legality:
________________________________
Michelle Marchetta Kenyon, City Attorney
Deepa Sharma, Assistant City Attorney
Attachment A Agenda Report Page 8