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ATTACHMENT #1 <br /> MAINTENANCE AND TRADE SERVICES AGREEMENT <br /> SIDEWALK REPAIR SERVICE <br /> THIS AGREEMENT is made and entered into this day of August 2019 between <br /> PRECISION CONCRETE CUTTING,INC.("Contractor"), whose address is 335 Beach Road <br /> Burlingame, CA 94010 and the CITY OF PLEASANTON, a municipal corporation("City"). <br /> RECITALS <br /> A. Contractor is qualified and experienced in providing the work or services set forth in Exhibit A of <br /> this Agreement. <br /> B. City finds it necessary and advisable to obtain work or services from Contractor on an as-needed <br /> basis. <br /> NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City <br /> and Consultant agree as follows: <br /> 1. Term. The term of this Agreement commences on the date written above and will <br /> expire three years from that date. The parties may extend this Agreement, by Amendment, for additional <br /> two(2), one-year terms,not to exceed five years for the total Agreement. If extended by Amendment,the <br /> cost of each one-year term may increase only by the change in the consumer price index for the San <br /> Francisco-Oakland-San Jose Metropolitan Area(all items index; all urban consumers)for the twelve(12) <br /> month period ending in April each year as published by the Bureau of Labor Statistics, U.S. Department <br /> of Labor. <br /> 2. Services to be Performed. Contractor shall perform, or cause to be performed, the type <br /> of work that will consist of sidewalk maintenance and repair services for City sidewalks as described in <br /> Exhibit A. <br /> 3. Compensation. Total compensation under this Agreement for all work for each year of <br /> this Agreement shall not exceed$200,000 in each fiscal year for a total of$600,000 for the three year <br /> agreement. Payment shall be made within thirty(30)days of receipt of Contractor's invoice and approval <br /> by City. <br /> 4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its <br /> officers, agents and employees("Indemnitees"), against any and all claims, costs,demands, causes of <br /> action, suits, losses, expenses, attorney's fees, or liability, arising from or in any manner related to <br /> Contractor's(includes Contractor's employees,agents,or subcontractors)negligent act or omission, <br /> whether alleged or actual, regarding the work or services performed or caused to be performed pursuant to <br /> this Agreement and any amendments thereto. Contractor shall not,however, be obligated to indemnify <br /> Indemnitees from Claims arising from the sole negligence or willful misconduct of Indemnitees. This <br /> indemnification includes any claim that the materials or equipment provided under this Agreement, or any <br /> tool,article or process used, constitutes an infringement of any patent issued by the United States. This <br /> indemnification provision shall survive termination or cancellation of the Agreement. <br /> 5. Insurance. During the term of this Agreement, Consultant shall maintain in full force <br /> and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best's rating of no <br /> less than A:VII. Contractor shall have the obligation to furnish City, as additional insured,the minimum <br />