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HomeMy WebLinkAboutPW Eastern Bungalow Ave Loop - Concrete Shaving; First AmendmentFIRST AMENDMENT TO THE INFORMAL CONSTRUCTION AGREEMENT WITH PRECISION EMPRISE, LLC FOR EASTERN BUNGALOW AVE LOOP CONCRETE SHAVING THIS FIRST AMENDMENT to the Public Works Contract by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and PRECISION EMPRISE, LLC dba PRECISION CONCRETE CUTTING (hereinafter "CONTRACTOR"), is made and entered into as of the ct day of07&�3 e , 202v_Z 'URCITAI.0 WHEREAS, the CITY and CONTRACTOR entered into a Public Works Contract dated March 1, 2022 to perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required in connection with CITY'S Eastern Bungalow Ave Loop Concrete Shaving, for an amount not to exceed $42,015.83 (the "Contract"); and WHEREAS, CITY requires additional services from the CONTRACTOR, and the CONTRACTOR is willing to provide such services. AMENDMENT TO CONTRACT NOW, THEREFORE, the parties hereby agree to amend the Contract as follows: 1. Section 1 of the Contract, entitled "Scope of Work" is hereby amended to include the additional services set forth in CONTRACTOR's proposal dated April 28, 2022, attached to this First Amendment as Exhibit A and incorporated herein by reference. 2. Section 3 of the Contract, entitled "Contract Price" is hereby amended to include additional compensation payable to CONTRACTOR for the services described in Exhibit A to this First Amendment, on a fixed fee basis in accordance with Exhibit A, in a not -to -exceed amount of $27,406, and to change the total not -to - exceed amount under the Agreement to $69,421.83. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Contract between the parties shall remain valid and shall be in full force. a, IN WITNESS WHEREOF, the parties have executed this First Amendment on the day. month, and year first above written. CITY OF SAN RAFAEL Jliv S,CHab-r ATTEST: B•nlz, �, CONTRACTOR By- 411F, Nal TitleA-�� Vr-f 1 [If Contractor is a corporation, add signature of second corporate officer] LINDSAY LARA, City Clerk By:_ APPROVED AS TO FORM: Name: i Title: r ROBER F. EPSTEIN, ` tv Attorne Y Date 4/28/22 Exhibit A PRECISI9N CBNCREIf COTilN6 PROPOSAL FOR "NOT TO EXCEED" AGREEMENT BETWEEN THE CITY OF SAN RAFAEL 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 San Rafael and PCC enter into an agreement whereby PCC will assess, and repair sidewalks 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 list 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 useable 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 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 — 1. 6,827,074 - Hub and blade combination patent 2. 6,896,604 - Dust hood patent 3. 7,000,606 - Cutting apparatus and broadening patent 4. 7,143,760- Method patent Precision Emprise, LLC I CSLB # 1032474 1 417 Harrison St, Oakland, CA 94607 1 Tel 650-867-8657 1 Fax 650-240-3866 1 contact@PCCNorCal.com E14rsEc�swx C9NCREiE CUiilN6 5. 7,201,644 - Variations and broadening patent 6. 7,402,095 - Extended methods patent 7. 9,759,559 - Stand up measuring gauge digitized readout 8. 9,494,407 - Stand up measuring gauge PROPOSAL DETAILS Contract amount: Total charge for services rendered shall not exceed $27,406 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: 36.25 per inch -foot. Streets with Sidewalks to be repaired: 581 locations, attached is an itemized list 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. 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. 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 Precision Emprise, LLC I CSLB # 1032474 1 417 Harrison St, Oakland, CA 94607 1 Tel 650-867-8657 1 Fax 650-240-3866 1 contact@PCCNorCal.com INCREASE RIDER BOND NO. 800133625 To be attached and form a part of Bond No. 800133625 dated the 16th Day of February, 2022, executed by Atlantic Specialty Insurance Company as surety, on behalf of Precision Emprise LLC dba Precision Concrete Cutting as current principal of record, and in favor of City of San Rafael, as Obligee for Eastern Bungalow Ave Loop - Concrete Shaving, and in the amount of Forty Two Thousand Fifteen Dollars and 83/100 ($42,015.83). In consideration of the agreed premium charged for this bond, it is understood and agreed that Atlantic Specialty Insurance Company hereby consents that effective from the 16th Day of May, 2022, said bond shall be amended as follows: THE BOND PENALTY SHALL BE INCREASED: FROM: Forty Two Thousand Fifteen Dollars and 83/100 ($42,015.83) TO: Sixty Nine Thousand Four Hundred Twenty One Dollars and 83/100 ($69,421.83) The INCREASE of said bond penalty shall be effective as of the 16th Day of May, 2022, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 12th Day of May, 2022 Precision Emprise LLC dba Precision Concrete Cutting PRINCIPAL BY Atlantic Specialty Insurance Company SURETY, s, ^ SEAL ■ BY �L illiam Reidinger, ATTORNEY-IN-FACT' vtw Y'ao THE ABOVE BOND IS HEREBY AGREED TO AND ACCEPTED BY: City of San Rafael OBLIGEE ��rc �,��W'iczgrgy►. intact INSURANCEPower of Attorney Surety Bond No: 800133625 Principal: Precision Emprise LLC dba Precision Concrete Cutting obligee: City of San Rafael KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: William Reidinger , each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars ($601000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions ackiprrd by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer) may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the ComIniny sea] thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this fifth day of March, 2020. r�tp �Yth ••.`Q� i[,44 - 0� p,. C F'.nor SEAL :+" • By STATE OF MINNESOTA {� Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this fifth day of March, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. isALISON OWAN NASH-TROUT N0 MI FUKIC-MRM TA My Commisslon Expirtts Jenuary 71.2026 , , mA44�k Notary Public 1, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 12 th day of May, 2022 . C-/— vazy Christopher V. Jerry, Secretary CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Ashley Dohrmann (For JC) Extension: 3352 Contractor Name: Precision Concrete Cutting Contractor's Contact: Joseph Ortega Contact's Email: jortega@pccnorcal.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 5/2/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org ®AD 2 City Attorney a. Review, revise, and comment on draft agreement 5/4/2022 ® LG and return to Project Manager 5/4/2022 ® LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 5/4/2022 ® BG contractor Forward three (3) originals of final agreement to 4 Project Manager 5/4/2022 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement 0 N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 5/10/2022 AD Attorney with printed copy of this routing form Review and approve hard copy of signed/ 7 City Attorney �/ -2- r Z - v� agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) �-2 9 City Manager/ Mayor Agreement executed by City Council authorized wj official .'6 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager f o o�