12-031 Precision Concrete Cutting, Remove Sidewalk trip hazards on specified streets and/or addresses in Cupertino crrY OF AGREEMENT
ff CITY OF CUPERTINO
1 10300 Torre Avenue
CUPERTIN• Cupertino, CA 95014 ��y(J
408-777-3200 NO. / -7
BY THIS AGREEMENT, made and entered into thisl4th day of March, 2012, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Precision Concrete Cutting; P.O. Box 8013, Foster City, CA
94404 Phone:650-867-8657; e-mail:norcalsafesidewalrs.com (Hereinafter referred as CONTRACTOR), in
consideration of their mutual covenants,the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Remove sidewalk trip hazards on specified streets and/or addresses in Cupertino,as identified
by the City
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on March 19,2012
and shall be completed before June 30,2012 or until all trip hazards in the areas identified by the City have been
cut or the Not-to-Exceed amount has been reached, whichever occurs first..
COMPENSATION: For the full performance of this Agreement,CITY shall pay CONTRACTOR:
Total charges for services rendered shall not exceed$29,000.00
California Labor Code,Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless.Contractor shall,to the fullest extent allowed by law,indemnify,defend,and hold harmless the City and its officers,officials,agents,
employees and volunteers against any and all liability,claims,stop notices,actions,causes of action or demands whatsoever from and against any
of them,Including any injury to or death of any person or damage to property or other liability of any nature,arising out of,pertaining to,or related to
the performance of this Agreement by Contractor or Contractor's employees,officers,officials,agents or Independent contractors. Contractor shall
not be obligated under this Agreement to indemnify City to the extent that the damages caused by the sole or active negligence or willful
misconduct of City,its agents or employees. Such costs and expenses shall Indude reasonable attorneys'fees of counsel of City's choice,expert
fees and all other costs and fees of litigation.
Contractor agrees to obtain executed Indemnity agreements with provisions identical to those set forth here in these sections from each and every
subcontractor or any other person or entity Involved by,for,with,or on behalf of Contractor in the performance of this agreement. If Contractor fails
to obtain such indemnity obligations from others as required here,Contractor agrees to be fully responsible according to the terms of this section.
Insurance. Should the City require evidence of insurability,Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race,color, national
origin,ancestry,religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment In the sense that the relationship of master
and servant exists between City and undersigned. At ad times,Contractor shad be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement Contractor certifies that no one who has or will have
any financial Interest under this Agreement is an officer or employee of Cdy.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are
authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ENTERED
NAME: Jo Anne Johnson DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day a' year first written above.
CON • CTO r: 1111, - - CITY OF CUPERTINO:
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Soc. Sec. #or Tax I.D
APPROVALS EXPENDITURE DISTRIBUTION
'AR-17-07-• EAD DATE JICCOUNTNUMBER AMOUNT
zf/L 270-9451-9300 $29,000.00
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Contractor Avowed
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P.O.Box 8013,Foster City,CA 94404/Phone:(650)867-8657/Fax:(650)240-3866
Email:NorCal a�safesidewalks.com/Web:www.safesidewalks.com /CL#826745
PROPOSAL FOR"NOT TO EXCEED"CONTRACT BETWEEN:
THE CITY OF CUPERTINO,CA 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 Cupertino and PCC enter into an agreement where by PCC will
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remove sidewalk trip hazards on specified streets and/or addresses in Cupertino,as has been
identified by the City. The price for these services shall not to exceed the proposed dollar amount
and quantity defined in the"Proposal Detail"section below.
Backgeround Information on Precision Concrete Cutting
PCC has been removing trip hazards from sidewalks since 1990. The company does work
throughout the United States and for more than 35 cities throughout Northern CA.
PCC has a perfected the process of removing trip hazards by utilizing a unique saw cut method.
The company's services comply with the requirements of the Americans With Disabilities Act by
removing trip hazards the entire width of the sidewalk,cutting at the proper slope requirement,
making sure the cut surface has the proper texture,and assuring a zero point of differential at the
joints of concrete slabs(see federal register,attached). The company also avoids contamination of
storm drains by cutting dry and significantly reduces dust through its dust abatement unit. No
other trip hazard removal method assures the same quality,ADA compliance and customer
satisfaction that PCC is able to offer.
To date,Precision Concrete Cutting has been awarded 6 patents from the US Patent office on our
Trip Hazard removal equipment and process. Following are each individual patent,as well as the
link to the US Patent Office where you may review them as desired:
U.S.Pat.No.7,143,760—method of entering a chamfer cut
http:/Ipatft.uspto.gov/netacgi/nph-Parser?Sect1=PT02&Sec#2=HITOFF&p=1&u=%2Fnetahtml%2FPT0%2Fsearch-
bool.html&r=2&f &1=50&col=AND&d=PTXT&s1=7,143.760&OS=7.143.760&RS=7.143.760
U.S.Pat.No.6,827,074—apparatus,hub and blade in combination
Jtt tp://patt.usptogov/netacgi/nph-Parser?Sect1=PT02&Secs2=HITOFF&U%2Fnetahbml%2FPT0%2Fsearch-
adv.htm&r-4&f--G&1-50&d=PTXT&p=1&p=1&S 1=6827074&OS=6827074&RS=6827074
U.S.Pat.No.7,000,606— additional claims
httpf/patft.uspto.gov/netacgi/nph-Parser?Sect1—PT02&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-
adv.htm&r=3& &1=50&d=PTXT&p=1&p=1&S 1=6827 074&OS=6827074&RS=6827074
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P.O.Box 8013,Foster City,CA 94404/Phone:(650)867-8657/Fax: 650 240-3866
Email:NorCaIQsafesidewalks.com/Web:www,safesidewalks.com /CL#826745
City of Cupertino"Not to Exceed"Proposal,Page 2 of 2
U.S.Pat.No.6,896,604—flush-cutting saw w/dust abatement vacuum hood,
http://patft,uspto,gov/netacgi/nplt-Parser7Sect 1=PT02&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-
adv.htm&r=1&f &1=50&d=PTXT&p=1&p=1&S1"6,896,604&OS=6,896,604&RS=6,896,604
U.S.Pat.No.7,201,644—additional claims
http://patft.uspto.gov/netacgi/nph-Parser?Sect 1=PT02&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-
bool.html&r=1&f—G&I=50&co1=AND&d=PTXT&s1=7,143,760&OS=7,143,760&RS—=7,143,760
Proposal Detail
Contract amount: Total charge for services rendered shall not exceed $29,000. Work will
continue until all trip hazards in the areas identified by the city have been cut or the Not-to-Exceed
dollar amount has been reached(i.e. 714 Inch Feet).,whichever occurs first.
Billing Units: Services are billed in"Inch Feet". An inch foot is calculated by measuring the
average height of the trip hazard and multiplying this average by the length of the cut. Example: A
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trip hazard on a 4-foot wide sidewalk that consists of a 3/4"rise on one side, and tapers down to a
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zero rise on the other is calculated as follows:
3/4"+0"x 4ft= 1.5 inch foot
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Unit Price: $35.00 per inch-foot(assuming we cut entire streets or multiple locations in one area
in compliance with the ADA,as opposed to individual locations by address).
Invoicing: All invoices will include detail of work completed including the measurements of the
trip hazards removed(high side,low side and width)and the address of the location the cut was
performed.All invoices will include the dollar amount of the work being billed and the remaining
balance of the purchase order.
Precision Concrete Cutting is committed to providing the highest quality service to our clients.
Should you have any questions of comments,please do not hesitate to contact us.
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L.WE c�'1$yfiE CUFFING
P.O.Box 8013,Foster City,CA 94404/Phone:(650)867-8657/Fax(650)240-3866
Email:NorCalailsafesidewalks.com I Web:www.safesidewalks.com /CL#826745
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PCC Representative: City of Cupertino Representative
X i .re�`,�rr X 9DaNAL C 6\tve\ert _____
Victor Nunnemaker, President Jo Anne Johnson, Engineering Tech
Precision Concrete Cutting City of Cupertino
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