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HomeMy WebLinkAbout_ Contract - MCE Corporation - 202025 MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 16, 2020 by and between the City of Diamond Bar, a municipal corporation ("City") and MCE Corporation ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the landscape services for LLMD 38,39 & 41 set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Anthony Jordan, Maintenance Superintendent (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all perFormances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2020, and shall continue until June 30, 2023 ("Term"), unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for three (3) additional one (1) year terms, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Contractor's compensation shall be subject to an adjustment upon the effective date of extension as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed four hundred twelve thousand eight hundred twenty-nine dollars and forty cents ($412,829.40) per fiscal year without the prior written consent of the City. The above not to exceed amount 1450823.1 1 of 117 shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work perFormed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between this Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; (b) The City's Request for Proposal, dated January 8, 2020; and (c) Contractor's Proposal dated February 13, 2020. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. I450823.1 2of117 C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. 10. Insurance. 1450823.1 3 of 117 A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in perFormance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of$2,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of$500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. 1450823.1 4of117 Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include aI( subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor fo the City for review and approval. All insurance for subcontractors shall be subject to ail of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorizatian by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, � the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects, 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be perFormed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 1450823.1 5 of 917 avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perForm the services under this Agreement. All of the services , required under this Agreement will be performed by Contractor or under it supervision, and all '� personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1450823.1 6 of 117 17. Non-Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the perFormance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 19 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 20. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of perFormance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 1450823.1 7of117 23. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 24. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business � hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" "CITY° MCE Corporation City of Diamond Bar 6805-B Sierra Court 21810 Copley Drive Dublin, CA 94568 Diamond Bar, CA 91765-4178 Attn.: Jeff Core Attn.: Anthony Jordan Phone: 925.803.4111 Phone: 909.839.7063 E-Mail: jcore@mce-corp.com E-mail: ajordan@diamondbaeca.gov 25. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 26. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 27. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. 1450823.1 8 of 117 IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written abo�e. "Contractor" "City" MCE Corporation CITY OF DIAMOND BAR /� B : By: � I ..��. Y Printe ame: c/�F Go/�_ Steve Tye Title: GFo ? �=F=-o Mayor gy: ATTEST: Printed Name: Title: Kristi a Santana, City Clerk Approved as to form: gy. �a:r�tc�T¢.� , David DeBerry, City A orney State of California "CONTRACTOR'S" License No. 439295. CONTRACTOR'S Business Phone 925.803.4111. Emergency Phane: 925.803.4111 at which CONTRACTOR can be reached at any time. 1450823.1 9 of 117 9 of 117 *NOTE: !f Contractor is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate ofiicer named in a corporate resolutron as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time fo the execution of the Agreement, must be provided to the City. 1450823.1 10 of 117 � Exh i b it A 11 of 117 �ost �ile 12 of 117 PROPOSAL FORM LANDSCAPE MAINTENANCE SERVICES The undersigned as proposer declares that he has carefully examined each location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all labor and equipment and do all work required by Specifications and Agreement. Name of Company: MCE CORPORATION _ _� Address: 6805 SIERRA CT., SUITE B Phone/fax: 925.452.2709 Contact Person: STEVE LOWEREE Years in business: 37 The undersigned proposer further understands that the City of Diamond Bar, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive any informality in proposals. Name of Contractor . �� � � , STEVE LOWEREE gy; - - Date: 02-13-2020 Print Signature of Contractor Contract pricing for years one (1) thrnugh three (3) must be firm fixed pricing. Pricing for subsequent contract renewals will be limited to the Consumer Price Index (CPI) for any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, California, Alt Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (March-March comparison). The Contractor shall submit its request in writing, to be received by the City in person or via certified mail a minimum of 60 days prior to the proposed adjustment date. 13 of 117 LLMDs and LLMD Parks Maintenance Services Bid Item 1 ParklLocation Address Cost � — i 1 Longview Park South- 1631 Longview Dr. 728.47 � LLMD 39 _— 2. Longview Park North�� 1071 Longview Dr. I LLMD 39 730.04 � - ___- - ---�-------- - ------ ----_..._--- - 3. Stardust Park- LLMD 1323 Stardust Dr. 39 924.77 ------_-- _ _--_ ------ -___�..�_. �_-- -- 4. Silvertip Park and Trail- 904 Longview Dr. LLMD 39 911.30 _ 5. Summitridge Mini Park- 1309 Summitridge Dr. g�7.33 LLMD 39 __ __ 6. All Trails- LLMD 39 Various 1,124.75 _-- __ _ ----._._ --- -- TOTAL MONTHLY COST 5,336.66 Bid Item 2 � � Location Address Monthly Cost _ _ __ .__--- - - -- -- - r LLAD 38 Various I 14 8Q6.30 I _ _ -------------. ... Bid Item 3 - - __._ __ . ____ ---__ Location Address Monthly Cost LLAD 39- (All Other Various 6,836.88 Locations Not Included in Bid Item 1). ( Bid Item 4 Location � Address Monthly Cost s _.__ _ - --------- - --- -- LLAD 41 Various i 4,922.61 --- ---- -- - - 1_--- � B 14 of 117 Alternate Bid item 5 � � Location Address Annual Cost� -�- - - ---_ _ -- _ - — - - - -- -- ---- LLAD 39- Fire P�otection Variaus 16,130.76 Areas Only Bid Item 6 _ _-- - _-- --- - ------- _ _._---- _.__ . _. Location Address Annual Cost _.-_ ---- -- .._____ _- --- - - - LLAD 41- Fire Protection Various $,493.84 Areas Only - --. __�_�,-- --- -_�.—_. 9 15 of 117 p r�'P �s�, ; �� �goi11� Request for Proposals Landscape Maintenance Services for Lighting and Landscape Maintenance Districts 38, 39 and 41 CITY OF � DIAM� ND BAR CALIFORNIA City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 ,__ __ �.._ _ � � � � 3� � �� _.,._ � �—,� � �,;.; ,;�� . i�ice cc, r ;� , cor�i � , �;,p!oyee Owned/Sei vice Driven � ' �----------------- --- � I Submitted By: MCE Corporation 6805B Sierra Court '� Dublin, California 94568 Due: Thursday, February 13, 2020 By 5:00 PM via Planet Bids Original 17 of 117 ..-=� -�.� ; c -��'� i . ��,<.� ,,�� , I -----'- �-- � „ r Mr. Anthony Jordan February 13, 2020 Parks and Maintenance Superintendent Public Works Department City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 RE: Landscape Maintenance Services — Lighting and Landscape Maintenance Districts 38, 39 and 41 Dear Anthony: MCE Corporation is pleased to submit this proposal to the City of Diamond gar. We believe our proposal to be complete and consistent with the intent of the landscape maintenance services for lighting and landscape maintenance districts 38, 39 and 41. During our 37 year existence, MCE's maintenance division has primarily worked for public agencies throughout Northern and Southern California. As yau know, we have partnered with the City of Diamond Bar since July 2p00, performing right of way and vegetation maintenance services. Since 2018, we have also been providing the services described in this RFP. MCE believes it has pe�Formed well during the past two years and has greatly reduced the number and nature of complaints issues directed towards the City with regard to these landscapes. We have done so by attacking issues day over day, week over week and month over month that is and will continue to produce better results. Having stated that, MCE is keenly aware of the need to always improve our services so we have augmented the labor effort in our response to the RFP to further enhance the service provided. MCE prides itself on being employee owned and service driven. That philosophy requires us to seek out the best qualified individuals to join our team. In addition, having dedicated staff, employee owners and forward thinking use of technology allows us to consistently deliver excellent results. We hope our proposal will result in being granted an interview. While the proposal accurately represents our capabilities, an in-person interview allows us to show our passion, dedication and intention of being the best company to fulfill the City of Diamond Bar's park's landscape maintenance needs. Respec Ily, MCE C porati ! / � ` Steve Loweree Sr Vice President 18 of 117 -- . � ,�r' r • • • �n,�vd w.m c� ,�,. Employee Owned/Szrvice Drive�� B. Statement of Qualifications 1. CSLB License # 439295, issued 5/6/1983, expiration 5/31/2021. Classifications: A, B, C- 8, C-12 and G27. 2. The key personnel assigned to this project will be as follows: • Steve Loweree, Senior Vice President— Maintenance • Emmanuel Pavloudakis, Area Manager— Southern California • Oscar Rubio, Site Supervisor- Diamond Bar • Edward Murdock— Quality Assurance/PCA/Certified Arborist Brief summary of the qualifications and experience of each team member assigned and include length of service with firm and resume Steve Loweree, Sr. Vice-President - Maintenance Division - 34 Year Employee Vice President-Maintenance Division- MCE: Mr. Loweree has been providing overall supervision of all maintenance management contracts and the division since 1996. Duties include meeting with clients to review work programs, budgets and schedules of work. In this capacity he has developed bid specifications, bid various subcontract services, hired dedicated in-house staff, developed annual work programs and budgets, worked with City staff to develop system protocols for service requests, emergency call out procedures, and emergency response manuals, in addition to, performing various other start up activities. Maintenance Superintendent - MCE: Assigned for nine years to this position in the City of Dublin. Developed and implemented work programs and budgets for two new departments (Park and Buildings), as well as an existing department (Streets). Supervised the work perFormed by in-house crews, as well as all subcontract work and the negotiation of subcontract prices and specifications. Landscape Foreman-MCE: Landscape Foreman for municipal landscape planting and irrigation projects for two years. 19 of 117 Landscape Foreman-Philips Landscapinq: Seven years with Phillips Landscaping in Hudson, Ohio, after starting as a laborer. Responsible for both construction and maintenance accounts, including crew supervision, scheduling and customer service. Manny Pavloudakis, ArealProject Manager- 6 Year Employee Project Role: Mr. Pavloudakis will be the Project Manager for the City of Diamond Bar Education: B.S-Agronomy- Cornell University-2000 Turfgrass Management Short Course-Cornell University-2001 Turfgrass Management Short Course-Rutgers University- 2002 Certifications: Work Zone and Traffic Control Safety- The Safety Center California QAL (Qualified Applicators License) #131039 New York Class A Pesticide License Member PAPA (Pesticide Applicators Professional Association) Specific Experience: 2018 -2020 Area Manaqer-Southern California - MCE : Mr. Pavloudakis provides oversight of all MCE Southern California municipal projects. He is responsible for employee hiring, terminations, training and supe►vision and assistance to project supervisors. Assists supervisors in material purchasing and quality control. 2014-2017 Supervisor-Citv of Pomona - MCE: Mr. Pavloudakis previously served as the on-site daily supervision of MCE's City of Pomona project which includes parks and landscape maintenance for the entire city system. His responsibilities included direct supervision of a staff of 20 and all tasks associated with the project of 130 acres. These tasks include overseeing turf mowing, turF renovation, all irrigation, ballfield maintenance, restroom maintenance, chemical and pesticide applications, trash and litter removal, open space maintenance, shrub and groundcover pruning, all other associated tasks and meeting with City personnel, developing schedules and meeting with council members on project sites. 2012 — 2014 — Champions Club Greenwav Golf Course, Corona CA: Superintendent for crew of 14 groundskeepers. Responsible for planning and � schedule of crew activities, turfgrass management of 30 plus acres of Santa Ana Bermuda, managed renovation of drainage projects and new pump system and oversight of overseeding, fertilization, chemical and irrigation programs and repairs. 2011 — 2012 — Unlimited Landscapinq, Riverside, CA: Foreman. Responsible for planning, schedule and training of maintenance crews for acommercial landscaper performing work for hotels, apartment complexes and HOA's 20 of 117 2007 — 2011 — La Quinta Resort/PGA, Corona CA: Assistant Superintendent for crew of 22 groundskeepers. Responsible for planning and schedule of crew activities oversight of overseeding, fertilization, chemical and irrigation programs and repairs. Managed installation upgrade to Rainbird wireless centralized irrigation system, new pump station, VFD drives (wells) and fertigation system. Oscar Rubio, Supervisor - 3 Year Employee Project Role: Mr. Rubio will be the Supervisor for the City of Diamond Bar Education: Guadalajara, Mexico Certificate of Completion Certifications: Work Zone and Traffic Control Safety- The Safety Center Irrigation Tech CA Recycled Water Certification CA Smart Line Timers Certification Specific Experience: 2017-2020 Proiect Supervisor-Southern California - MCE: Mr. Rubio provides on-site supervision for MCE's City of Diamond Bar landscape project. This project maintains the medians, slopes and neighborhood parks of Diamond Bar. He supervises an inhouse crew and delegates them where/what to work on. Many of his tasks include herbicide applications, turf mowing, shrub and groundcover pruning, trash and litter pick up, and weed abatement. Mr. Rubio attends weekly meetings with City personnel and creates schedules for them to review. 2014-2017 Supervisor/Area Manaqer-Citv of Claremont— CLS Landscapinq: Mr. Rubio provided on-site supervision for CLS's City of Claremont landscape project. He managed multiple crews that totaled in 28 employees. The project for the City of Claremont required for Mr. Rubio to perform the following tasks: scheduling, herbicide application, turf mowing, turf renovation, trash and litter pick, trail maintenance, shrub and groundcover pruning and respond to call outs per the city's request. 2002 — 2014 Irriqation Tech/Assistant Supervisor- CLS Landscapinq: Mr. Rubio worked as an irrigation tech and assistant supervisor for CLS's City of Chino project. In this project, Oscar helped manage 11 employees. His responsibilities included fixing/replacing main lines, install new irrigation systems, scheduling, wire tracking, planted various trees/plants and repaired any irrigation problem for the city. 1999 — 2002 Foreman-City of Chino-CLS Landscapinq: Mr. Rubio was the on-site foreman for CLS's City of Chino project. He was responsible for a six-man crew that was responsible for: truf mowing, shrub and groundcover pruning, litter and debris pickup, scheduling, and daily site inspections. 21 of 117 Ed Murdock, Quality Assurance/PCA/Certified Arborist- 14 Year Employee Certifications: Pest Control Advisors License- No. 73962, QAC- No. 121774, QAL- No. 124447 and ISA Certified Arborist- WE1913A Qualitv Assurance Inspector— MCE: Since 2012, Mr. Murdock's primary functions with MCE has been as a quality assurance inspector for MCE's contract with the City of Fremont in which he provides inspections of the city's maintenance contractor. In addition to these duties, he provides safety inspections and compliance monitoring, arborist and pest control advisor services and training of MCE employees engaged in chemical applications. Maintenance Superintendent— MCE: From 2006 to 2011, Mr. Murdock was Maintenance Superintendent in cities such as Brentwood, Lafayette and Dublin. He served a variety of capacities in these cities similar to his previous duties with the City of Livermore and LARPD. Maintenance Supervisor— Citv of Livermore: From 1990 to 2005, Mr. Murdock was with the City in a variety of capacities. He retired in 2005 as the Maintenance Supervisor. Mr. Murdock was responsible for the daily supervision of all crews performing landscape maintenance in addition to managing contract services. Senior Supervisor— Livermore Area Park & Recreation District (LARPD): From 1981 to 1990 Mr. Murdock was with LARPD in a variety of capacities. Mr. Murdock was responsible for the daily supervision of all crews perForming landscape maintenance in addition to managing contract services, fleet management and building maintenance. 3. ED Murdock is the PCA as shown in #2 above. Manny Pavloudakis is he QAC as shown in # 2 above. Oscar Rubio is the primary irrigation technician with support from Carlos Becerra (irrigation technician in Claremont) for 3 days per week during months of May— September. 4. MCE has been providing public works maintenance, which includes a wide variety of landscape maintenance responsibilities, to cities in California for 37 years. We have a long and successful track record of delivering high quality landscape maintenance in several communities. The cities we currently provide some level of landscape maintenance services includes Diamond Bar, Dublin, Pomona, Claremont, Jurupa Valley, Orinda, Atherton, Citrus Heights, Tracy and Rancho Cordova. Amongst our current contracts the systems that most closely resemble Diamond Bar are Pomona, Dublin, Claremont and Tracy. 22 of 117 In Dublin, Pomona, and Tracy whose systems include 158,130 and 145 acres of parks and medians, respectively, we provide the common tasks of turf, bedding, edging, pruning and irrigation. Beyond the common tasks we also provide annual color and excess debris and trash removal. The size, full service nature and daily requirements of these projects present scheduling challenges that we have had to overcome. We have had similar similar challenges in Diamond Bar, but we continue to overcome them month over month. Our pasfi experience helps us come up with the best possible solution that will ensure a!I contract obligations are met satisfactorily. In addition to our extensive general landscape maintenance experience, we believe our experience partnering with the City of Diamond Bar since 2000 will aid our efforts in continuing to take on the additional duties. We have experienced staff already assigned to the City and a solid working relationship with City Staff. Both of those things will aid us greafly in continuing to advance the landscape maintenance in Diamond Bar. 5. We have no previous project disqualifications or litigation. 6. MCE's policy to ensure proper compliance and quality assurance relies on several factors. First and foremost is the proper training of all crewmembers to fully understand the required specifications and intended outcomes. This is done through training of task specific responsibilities, visual and written performance standards, folfow up inspections of work by supervisory personnel and daily communications of crews of issues at each location. These inspections by crews are forwarded to the City weekly so City staff can be assured we are seeing issues in the field and have a plan in place to deal with those issues. Our QA Program is based upon a cooperative effort by all parties to ensure delivery of outstanding services, The team approach includes City Staff, MCE Project Team, and all MCE employees engaged in the performance of the contract. MCE has in place already an on-site Field Supervisor with the qualifications and related I experience required to successfully run the day to day effort, while administering an effective QA program. A large part of the Field Supervisor's duties will entail reviewing � work performance and finding and resolving deficiencies before they are identified by City Staff. They will utilize aur QA program to aid in this effort. In addition, the MCE Project Manager will periodically perform an on-site review of the quality of work being performed. The process will provide a second set of eyes to validate the effecfiiveness of our on-site QA Program, 23 of 117 7I30/2018 Diarnond Bar.Sfte Checkfist�dsx City af Diarnond Bar-Site Ch�cklist � bistrict "�� Date r _-. "�-- �:(� . Locat�on�'� , � � lr�r.,�.,� � Crew ,...�. �ti,,�� � Check if Check if needs Chedc if needs �one today"s ta be dane on :o be done soonei ' Item Task next service than next service Additional No#es General Site Litter Removal � .,��-- � Debris Removal ,�� � Irrigation _ . inspeeted ��;s-'��. Repairs � Change 5chedul � �urF . Mow Edge Trim ...,.--�- Blow Off ..f�' , Fertilize �. Aerate � Weed.Contro! Special Turf Wor Shrubs : Grondcover Prune Grndcove ,,�-^� , � � Prune Shrubs r-� fertilize Trees Pruning �,�- ' 5ucker Removal �---� 5takes , . Fertiiize Weed Contr� Spflt Spray ` Hand Puli �r'� Weed Eat Pre�mergent Rodents � . Used Perc Unit Gassed/Botnbe chrome-extensfartJibpmcpldpdmajfigpchkicefia�mkfiaSc/views/app.hUnl 24 of 117 �� U I1� ':,I'', �ity-�r�C�3�Cil0iYt�B�t` ' � trt7gatian iiis��i�i��t I»o� Wiq+v�i:�r�r��=e�;r'p:�;i�t'� ,,: t Location': '. �7ate , Station :(3per�t�on(3K�,: :VaW�s`0�7 -N�ads�0��:..,�.`r��:Br,eal��� .�c���ree�r'; � :.i 5 .. � ...�� .. . _ ._ . 1Y�t�re, „t � ,�_>: � .`�1�� ,1�J�I:�, �`'`��� '�x�%N I��t;ral� � �,., �5- � e es . x �s � �.s � � 6 ye� '� :. Ye.S - 8 � � e at� . , �s. _ .. �� � �;; � az _ , � . ,. , . . . . : �� . . . . . ' : ; � � ; :. �� . A �'�, ;� ` a c : ;,, � � .. _. .. .. , �� . _.:. , ' �. �. .:''... _..... ....._ ..... ._ . . , � : . � 2"� _ I� 24. I , 25. _ �� � ... ,,2� `' , . . �. . ._. i �� ` _ . _ : �0 . , 31, • - �� :.. . . . . li _. i 1 � � 25 of 117 � Tfiis p��e is t�►b�u�ed-to.ci�cume��i�sue,found-tli�t ar�hamp�ring�{�.�e�fici�tt��c��'th�syst�rn: " pl�ase ref�r ti�.Cli���atir�;n nut�bar.Er���cla���ct��n �r�� �� �.� _ �. � . � �._ �:�..�r.��� , � I �' �.� . �., �--c� , �j�, - - �p?J I . , , .�. �.mm. __ . _ . ti _ � 26 of 117 8. Safety is a high priority at MCE Corporation. All of our employees go through a rigorous safety training program at the beginning of their employment and receive certification training prior to use of tools or performance of tasks. Our crew leaders complete site specific pre-task hazard analysis and communicate those hazards to the crew members. We also hold weekly safety meetings, covering seasonal topics and make sure to address every tool or task on at least an annual basis. Various people within the firm ensure safety standards are being upheld through scheduled and un-scheduled field safety inspections. Company-wide, MCE's goal is to perForm four safety inspections every week. When discrepancies are identified during an inspection, they are noted and corrected. Depending on the severity of the discrepancy disciplinary action may follow, as well as the crew leader attending the next monthly safety committee meeting in order to more completely discuss the issue. While on-site, all of our crew will be equipped with proper personal protective equipment (PPE's) that will protect them from being injured. We have included a copy of a pre task hazard analysis for your review. This one is for shrub pruning and is filled out before work begins. It is a checklist so it takes just a few moments but it reminds crew of dangers and hazards so crew works safely. 27 of 117 a a� � c � N o � o N -Q � C N d 3 -C - I\ N (� � (p L 7 m C O a c a� o � � m . a� � � a a�i � � �� � U m C7 ,� O �o �, c�i y m -� � Y � � � � � o a Q ..= 3 � •� -o c rn � a � w m � N u� � � c .�,J L � 2 � N O y � 'C N n O O ` 9 d .. .. Y � � L t=p � �"' N Q 07 01 LJ1 a1 d N � � � Y � � V � � � � 3 � � m >, o � n. t0 E 'ca � ,.- y � a�`� � �' ` � m �. � m o L a � � � m n > a m � � � C N n' E (n � � 2 S Yi � W � � � � N o � " a � � F- � � Y -c y a�i � ia � 3 3 3 � U a o � u� � c •N o 0 o m � E � m � Q C � C C C N V C C � O O O ` d O N � C i N . . . Q � � N � C p U � = O O O � tn � N .«. 'C � � � i � Vl J J J O O � �� Q O y O ,, '`° �, m � � �, � � � '� -a n o ... 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Bureau Number g-51-20-78-R Pa9e 1 of 2 LCF MCE CORPORATION Effective Date �2/01/2019 MCE CORPORATION Issue Date 08/02/2019 8100 NE PARKWAY DRIVE STE.200 VANCOUVER WA 98662 Experience Modification 7Jr% Insurer ACE AMERICAN INSURANCE COMPANY 0042 LANDSCAPE GARDENING �nsurerGroup ACE LIMITED 5201 CONCRETE/CEMENT WORK-SIDEWALKS-LOW WAGE Policy Number C65213527 5205 CONCRETE/CEMENT WORK-SIDEWALKS-HIGH WAGE Issuing Office PHILADELPHIA#1 5506 STREET/ROAD CONSTRUCTION-PAVING Experience Period 03/01/2015 to 03/01/2018 8227 CONSTRUCTION/ERECTION PERMANENT YARDS #5507 STREET/ROAD CONSTRUCTION-GRADING 8742 SALESPERSONS-OUTSIDE 8810 CLERICAL OFFICE EMPLOYEES Summary of Payroll and Expected Losses Summary of Claims and Actual Losses Primary Threshold:36,000 Class Expected Expected Expected Actual Pa roll Expected D- Injury Open/ Actual Code Y Loss Rate Losses Ratio Primary Excess Claim Number T e Closed Losses Primary - per$100 payroll Losses Losses yP Losses Insurer:103 Policy Period: 12/01/2017 to 12/01/2018 0042 3,480,806 2.97 103,380 0.599 61,925 41,455 810017909 06 Closed 729 479 5183 50 2.74 1 0.529 1 0 810017938 05 Open 40,702 35,750 5187 22,605 1.27 287 0.478 137 150 810020572 06 Closed 1,448 1,198 5201 658,021 3.68 24,215 0.539 13,052 11,163 810021472 04 Closed 43,584 35,750 5205 896,880 2.04 18,296 0.446 8,160 10,136 810022345 06 Closed 1,261 1,011 5432 21,282 2.15 458 0.457 209 249 5474 300 3.93 12 0.513 6 6 5482 54,883 1.63 895 0.475 425 470 5506 1,207,924 2.36 28,507 0.444 12,657 15,850 8227 215,640 2.19 4,723 0.493 2,328 2,395 8742 1,063,541 0.16 1,702 0.571 972 730 8810 801,640 0.13 1,042 0.616 642 400 9015 143,482 2.24 3,214 0.545 1,752 1,462 Totals 8,567,054 186,732 102,266 84,466 otals 5 87,724 74,188 Insurer:103 Policy Period: 12/01/2016 to 12I0112017 0042 2,720,386 2.97 80,795 0.599 48,396 32,399 810011279 05 Closed 3,628 3,378 5183 44 2.74 1 0.529 1 0 810011330 05 Closed 21,578 21,328 5187 17,029 1.27 216 0.478 103 113 810011755 06 Closed 1,257 1,007 5201 523,291 3.68 19,257 0.539 10,380 8,877 810011867 06 Ciosed 324 74 5205 721,620 2.04 14,721 0.446 6,566 8,155 810014917 06 Closed 312 62 5432 19,684 2.15 423 0.457 193 230 810015422 06 Closed 410 160 5474 287 3.93 110.513 6 5 5482 38,193 1.63 623 0.475 296 327 5506 1,222,370 2.36 28,848 0.444 12,809 16,039 8227 199,105 2.19 4,360 0.493 2,149 2,211 8742 955,619 0.16 1,529 0.571 873 656 8810 730,980 0.13 950 0.616 585 365 Totals 7,148,608 151,734 82,357 69,377 otals 6 27,509 26,009 Insurer:103 Policy Period: 12I01/2015 to 12I01/2016 0042 2,199,782 2.97 65,334 0.599 39,135 26,199 810006943 06 Closed 642 392 5140 325 0.86 3 0.464 1 2 810008600 06 Closed 2,678 2,428 5187 22,760 1.27 289 0.478 138 151 810009145 06 Closed 482 232 5201 538,931 3.68 19,833 0.539 10,690 9,143 810010091 05 Open 142,742 35,750 5205 937,177 2.04 19,118 0.446 8,527 10,591 810010155 06 Closed 334 84 5432 32,581 2.15 700 0.457 320 380 810010336 06 Closed 561 311 5482 39,846 1.63 649 0.475 308 341 8I0010345 06 Closed 561 311 5506 1,401,970 2.36 33,086 0.444 14,690 18,396 8227 183,814 2.19 4,026 0.493 1,985 2,041 8742 802,704 0.16 1,284 0.571 733 551 8810 672,063 0.13 874 0.616 538 336 'Not Physically Inspected;#If Any;F= Federal (S)Subrogation;(J)Joint Claim;(P)Partially Fraudulent,if any CN#RS038729 Workers'Compensation Insurance Rating Bureau of California� 08/01/2D19 30 of 117 �Ci�R�Californiap� Workers' Compensation Experience I�ating Form 0 bj e c li v e.Tr u s I e d.l n t e g ra I. BARRETT BUSINESS SERVICES, INC. Bureau Number g-51-20-78-R Pa9e2 of 2 Effective Date �2/�1/2�19 Issue Date 08/02/2019 Experience Modification 7�r% Insurer ACE AMERICAN INSURANCE COMPANY InsurerGroup ACE LIMITED Policy Number C65213527 Issuing Office PHILADELPHIA#1 Experience Period 03/01l2015 to 03/01/2018 Summary of Payroll and Expected Losses Summary of Claims and Actual Losses Primary Threshold:36,000 Ex ected Expected Expected Actual Class p Expected D- Injury Open/ Actual Code Payroll Loss Rate Losses Ratio Primary Excess Claim Number Type Glosed Losses Primary per$100 payroll LOSSOS LOSS@S LOSSOS Totals 6,831,953 145,196 77,065 68,131 otals 7 148,000 39,508 Expected Ezpected AcWal Expected Primary Excess Num6erot Actual Primary Losses Losses Losses Claims Losses Losses Experience Period Totals � 483,662 261,688 B 221,974 18 263,233 A 139,705 Actual Primary Expecled Excess Expected Losses Losses Losses � ^ 139,705 -F B 221,974 � � � 483,662 = 75% Experience Modification Loss-Free Rating:46°/a *Not Physically Inspected;#If Any;F= Federal (S)Subroqation (J)Joint Claim'(P)Partially Fraudulent if any CN#RS038729 Workers'Compensation Insurance Rating Bureau of California� 0 8/01120 1 9 31 of 117 �Ci�R�California�� onj ecuvesr�:iee.im�erai. Calculation of Your Experience Modification This Experience Rating Form provides detailed information about the Summary of Claims and Actual Losses calculation of your experience modification. Experience rating is a This section reflects the losses on claims reported by the insurer for state-mandated merit rating program established in the California each policy included in the experience period. Insurance Code.The specific rules and guidelines are contained in The actual loss shown for each reported claim represents the total the California Workers'Compensation Experience Rating Plan-1995 incurred loss value of the claim.This includes the actual loss (Experience Rating Plan).The primary purpose of experience rating is amount paid and,for claims that were open when the loss to reduce workplace injuries by providing a direct financial incentive information was provided, a loss amount reserved by the insurer for for workplace safety.To accomplish this goal,the experience rating future expected loss payments. (Loss adjustment expenses are not system compares an employer's history of claims against others in its included.)The loss amounts generally reflect the insurer's most industry that are of similar size.This comparison based on an recently reported valuation of the incurred loss value as required employer's own claim history is used in determining the premium the pursuant to the Reporting Plan prior to the effective date of the employer pays. experience modification. Experience rating uses past experience to forecast future losses.An The actual primary loss shown for each claim is the dollar amount increase in an experience modification is not intended to collect of the actual loss of each claim that is used in the experience additional premium to recoup the cost of claims that were filed in past modification calculation. For most claims, it is the loss amount of years. Rather, it uses an individual employer's loss history as a each claim up to your primary threshold less$250. (Your primary predictor of what might be expected in the future.An employer that is threshold is shown on the top line of this section and is based on experience rated will have an experience modification,which is the size of your business as measured by your total expected expressed as a percentage on the bottom of this Experience Rating losses.)If the actual loss of the claim is$250 or less,it is not used Form.An experience modification below 100% reflects better than the in the experience modification calculation.Your actual primary industry average claim history while an experience modification over losses are used to calculate your experience modification. 100%reflects worse than the industry average claim history. Insurers Ratinq Procedure must apply the issued experience modification in their premium • computation,but can also apply other debits and credits to determine This section reflects the calculation of the experience modification. the final premium to be charged. The rating procedure and the information used in calculating the experience modification are detailed in the Experience Rating Plan. Data Used for Experience Rating and the Experience Period Your experience modification is determined as the ratio of the sum With few exceptions,the payrolls and losses arising from all policies of your actual primary losses and expected excess losses incepting within the experience period as reported by the insurer are compared to your expected losses.This section also shows the used in the calculation of your experience modification. loss-free rating which is the experience modification that would The experience period is defined in the Experience Rating Plan as a 3 have been calculated if no claims were incurred during the -year time period that commences 4 years and 9 months prior and experience period or if the only claims incurred were for$250 or terminates 1 year and 9 months prior to the date for which an less.When there is only a single claim in the experience period in experience modification is to be established.The actual experience excess of$250,the experience modification is limited to be no period used to calculate this experience modification is shown in the higher than 25 percentage points above the loss-free rating. heading of the Experience Rating Form. Find Out More About the Experience Rating Form The WCIRB website contains free information for employers This form shows the payrolls for each applicable classification and the regarding the California workers'compensation system—including claims reported by the insurer and used in the experience modification the Online Guide to Workers'Compensation, Frequently Asked calculation.This data is reported to the WCIRB in accordance with the Questions,and Education on Demand online learning modules.See California Workers'Compensafion Uniform Stafistical Reporting the Employer/Policyholder section on www.wcirb.com. Plan-1995(Reporting Plan). About the WCIRB The Experience Rating Form is divided into four main sections: The Workers'Compensation Insurance Rating Bureau of California Heading,Summary of Payroll and Expected Losses,Summary of is a licensed rating organization and is the California lnsurance Claims and Actual Losses, and Rating Procedure. Commissioner's designated statistical agent.To accurately Headina measure the cost of providing workers'compensation benefits, the Your company name,address and other business names that are WCIRB pertorms a number of functions,including collection of included on your insurance policy are captured from the policy coverage and loss data on every workers'compensation insurance information page.This section also includes the date the experience policy, inspections of insured businesses, and test audits of insurer modification is effective and the date the Experience Rating Form was policy audits. issued to the insurer. If a previously published experience modification The WCIRB also provides free educational information to was revised,the rerate number and reason are included in this employers, agents and brokers, and insurers regarding the section. California workers'compensation insurance market.The WCIRB is Summary of Payroll and Expected Losses a private, nonprofit association of licensed workers'compensation insurers. No state money is used to fund WCIRB operations. This section reflects the payrolls reported by the insurer for each applicable classification.The payrolls shown reflect audited payrolls, which result from the final audits conducted by the insurer.The expected losses for each classification are derived from the reported payrolls for that classification and the corresponding expected loss rate approved by the California lnsurance Commissioner.Your expected excess losses are the portion of the expected losses that is,on average, Workers'Compensation Insurance Rating Bureau of California above the primary threshold(see Summary of Claims and Actual 1221 Broadway, Suite 900 Losses)that applies to your business.Your expected losses and Oakland,CA 94612 expected excess losses are used to calculate your experience ggg.22g.2472 modification. wcirb.com 32 of 117 A@ illll 1�; ! 1 ( " IY W�?.�? . ;�� . »III,-. � .'�� � � a41o1{U� CJ°��rC7� �..Jr� C..1���ui1)ir�CJ���t f�al����r��-iil' �t�l�l��� C.�� �- � uouv'� � �'�i i�ov4�Yd n �I F i❑ �C7;; ❑ O.1 1.�� {�Ii '��k� C� �� �7 I�� ��, �Awmof�� � `.� � S�� i � �I �II��I �i << ��IfI��1 �� ' �� � cw iJ.� ' �` u. t I C } �7'�� 'I� l��� �l �C' r� n u � oZ I ° o� � i it n li��l� �i siL1� �(�ro u�[�a �a�iu,,.��� � � � � i �� �" �w ti �f �� �'�,�,� � � �tir� � � �C � C Q� I ��m I 't �, h 'dl "��'"1 �i I � i I a P�`eIF � +� � s ar m � O U �.Ei� s i�*� 7 �i�, �`Io�� Y���� P SdQ r Cl� � �� ��.N��� � � - �� y } ( I I�.t�i'l��-�,���IA{II�����I� �� �.(�o�e��d�vj7 .... � w+ w �D � :.�,n i � n 7f a 1 �� O � I�'�v O �'�5 I � h'�'i N l] ❑ �I Ll (�• i� ���'��{ eh � �J.-1i .,�,. c� �'C,� ' n. 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A � ,�� � � �a �� � � � '� � «. m � \ �Z.. � d � � � �7 v�\ � a � to � � '� � F � � .n �'�, `� NF 4�"� s. � ° w � � 'd\� ��q �fi�'\ S� ''° � m � � � ;� _ � p� Ll % a ? .� � `. N O, X7 W � L � O\a � b v, � <r U � � • n v � �, q� �n � o � U � W } t�Ur �� Q ir � U �■ .� � o � Q� � u � �� � _ � � �,� � m '�, � � ��� � � � � �� �`� d ',p 4? � . � �a � c i ��� �� \ \ \ � � � � d �$ � a,�� � ' � � a�� �. N� Q .._ �� � .�.� � �� � $ a � �� o � - ~ � � � Q � d U � � o �,� �s N � T � �o g �,.� d v� m � z � ,�n- 'n� �` S'j '� p � yp e"i �'o . �A p°� �, o � o •p .� � o . � �`�� ,� v� ot� w o � . � �+ �y,O � �` di` W /"'� �v •+�y� Y+ �� � �O J � d ✓ `'� «�. . Q ��i� � y� �� o � � '� . � .-� a n �8 � ��n 9 � � P o a � o ��� 0 2 � o � N s � �� N � � �. \ d �. � �tl''�g �� rp� '�w'y 'c�w"G�' c�\ "' \ � y y� .�i� �'' O '�' �}� a� A �p o �.�. '`�_�� N `�, _ . O � H f 7� N - O�. � Q�.� .,pg A O � 41- '�. '.� A o ,�, �, " � �✓ �7 ¢ �'� o �^.,� �� v� Q � w a 7� �i'`nm 9� � '. m cbi � . (7 a a " d°.� �'+� ,°� O � w °� � � � p�� �� J�' F� �-, a' . H o O �C M � u � �� Q �`� �s� ��! � '� � � �5 � v O G N � � � ��'.g� �-�. � � Q 3 ��� N J P+ Y� � � � Op �': �`� `� �� � � N ✓ � u � �v u•�� • °� G� c�.,d �� �qg, � � d� ou���.� 9� Q ..�i `o A , _ � ��� U.� v� �A N = ���� a�, �,� Q � ������� , c� `� 10. In lieu of letters of reference, please see our list of references and similar projects below which has current contact information on each contract. C. See B4 for description of previous experience. References are listed below. Contract Agency: City of Diamond Bar Contract Title: Landscape Maintenance Services Project Manager: David Liu Director of Public Works/City Engineer City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 909-839-7061 E Mail —David.liu(a�ci.diamond-bar.ca.us Contract Period: January 1, 2018- June 2020 Contract Scope: Landscape maintenance of 3 assessment districts that encompass all of the medians and much of the right of ways. Contract Amount: FY 19-20 is estimated at $366,000 Contract Agency: City of Pomona Contract Title: Parks and Landscape Facilities Maintenance Project Manager: Michael Sledd Parks and Facilities Manager City of Pomona 636 W. Monterey Avenue Pomona, CA 91769 (909) 620-2481 Email — Michael_Sledd a�7ci.pomona.ca.us Contract Period: April 2014 to June 2020. Contract is in last extension Contract Scope: Full service park and landscape maintenance services including all turF, bedding, irrigation, chemical and mechanical weed control, pruning, sports field/ lawn bowling maintenance and renovation, restrooms, opening gates F and restrooms, litter control, pest control, event assistance and all other � maintenance associated with these facilities. Contract Amount FY 19-20 is estimated at $1,250,000 � Contract Ag�ncy: City of Dublin ! Contract Title: Public Works Municipal Services ' Project Manager: Andrew Russell � Public Works Director City of Dublin 100 Civic Plaza, Dublin, CA 94568 (925) 833-6630 Email � Andrew.Russell(cr�.dublin.ca.qov I Contract Period: 1984 to Present. These have been a series of 3-year contracts since 1984. In 2012, MCE was awarded a 5-year contract. In 2017, MCE was awarded a 5- year contract. 35 of 117 I Contract Scope: Full service Public Works maintenance including parks, streets, landscape, buildings, drainage maintenance and special events including the annual St. Patrick's Day parade and festival. Contract Amount: FY 19-20 is estimated at $5,500,000 Contract Agency: City of Claremont Contract Title: Citywide Right of Way Maintenance Program Project Manager: Richard Hecker Public Works Superintendent City of Claremont 1616 Monte Vista avenue Claremont, California (909)-821-1791 Email � rhecker(c�ci.claremont.ca.us Contract Period: May 2017-June 2020 with 1, 2-year option remaining Contract Scope: Right of way and landscape maintenance of inedians, parkways and right of way areas Contract Amount: FY 19-20 is estimated at $375,000 Contract Agency: Town of Atherton Contract Title: Maintenance Management Services Project Manager: Robert Ovadia Public Works Director Town of Atherton 91 Ashfield Road Atherton, California (650)-752-0541 Email � rovadia(a�ci.atherton.ca.us Contract Period: September 2011 through June 2021 Contract Scope: Full service Public Works Maintenance including parks, streets, landscape, buildings, drainage maintenance and special events. Contract Amount: FY 19-20 is estimated at $600,000 Contract Agency: City of Orinda Contract Title: Park, Street Median/ROW & Facilities Landscape Maintenance Project Manager: Todd Trimble Parks and Recreation Director City of Orinda 28 Orinda Way Orinda, CA 94563 (925)253-4202 Email � ttrimble(a�citvoforinda.orq Contract Period: October 2015 to November 2020. Contract Scope: Full-service landscape maintenance services including all routine tasks such as general repairs and maintenance and other associated tasks Contract Amount: FY 19-20 is estimated at $300,000 Contract Agency: City of Tracy Contract Title: Professional Services Agreement-Landscape Services Project Manager: Don Scholl Public Works Director City of Tracy 36 of 117 520 Tracy Blvd Tracy, CA 95376 (209} 831-6360 Email � Don.Scholl(c�cityoftracy.orq Contract Period: January 2018- December 2023 Contract Scope: Full-service landscape maintenance services of assessment district parks and landscapes including ail routine tasks such as general repairs and maintenance and other associated tasks Contract Amount: FY 19-20 is estimated at $600,000 D. Detailed Work Plan The proposed services follow the descriptions as indicated by the City of Diamond Bar in the RFP. These services include: Turf Care • Mowing: All turFwill be mowed weekly except during rainy season (bi-weekly).All area will be edged and blown off. Additionally, crew will pick up any litter and look for any hazards or undesired conditions and report those to our Supervisor. � Fertilization: Turf will be fertilized as needed to maintain deep green color per specification. These will be reviewed with City prior to applications to achieve the best results. • Weed Control: One of the fertilizations will be combined with a pre-emergent weed control. Additional post emergent applications will be used as needed. • Overseed; All turf areas to be overseeded at the appropriate time to enhance turf areas with a Rye and Bermuda mixes depending upon site and turf type and at city direction. i • Aeration: All turFwill be aerated 4 times annually. i`'� • Insect& Disease: Will be addresses on a per occurrence basis via appropriate means � Irrigation � • Programming: While there is planned programming each month, MCE recognizes that program could occur more frequently depending upon climatic conditions, local ET � and other factors. • Inspection/Head Repair: MCE will inspect weekly after each site is mowed. At that time, necessary adjustments will be made to heads and any needed repairs on other system features will be made. City will be advised on all inspection results and ensuing , repairs • Backflow Testing; MCE will test backflows per established schedule. Pest Control • Gophers and other rodents will be treated as needed with bait through a cyclical visit to each site. If needed, MCE will treat with a PERC (Carbon Monoxide) unit. Additionally, mow crew and other crews will have baiting capability to spot treat holes. Other pests will be treated as needed. Care will be taken to utilize cultural control methods before use of pesticides. Bedding/Brushed/Natural & Slope Areas • Weed Control: Weeds will be controiled through a multifaceted approach. This will involve pre-emergent and post emergent weed control as well as manual control. Areas will have pre-emergent applied once per year. Twice if needed. A routine and 37 of 117 cyclically routed post emergent program will follow on a bi-weekly — monthly frequency. The standard will be no noticeable weeds. • Shrub Pruning: Shrubs will be pruned in a manner which promotes healthy growth. The timing will be such as to not disrupt bud production or affect flowering cycles (as much as possible). • Groundcover Pruning: Groundcovers will be pruned up to 2 times per year in a manner which promotes healthy growth. Timing will be such as to minimize removal of active flowers. • Fertilizing: Shrubs and groundcovers will be fertilized 2 times per year with a 15-15- 15. • Slope Cutting: As needed to meet LA County Fire specifications and City of Diamond Bar expectations. • Brushed Areas/Manufactured Slopes: Will be maintained in accordance with the specification and irrigated as required • Trees-Skirting and stake adjustments and removals will be done as required. 23 Olive Trees will be addressed per the specifications Playgrounds • All playgrounds will be examined, cleaned and raked on a daily basis. Any issues will be reported immediately to City. � Sand playgrounds will be rototilled By the 10th of each month. Care will be taken to do this work so as not to disrupt use. • Wood Chip/Engineered Wood Fiber Surfaces will be inspected daily and raked as needed to maintain fall zone depth Misc. Site: • Litter: All receptacles and sites will be serviced each day. • DG- Any washouts or depressions will be dealt with upon discovery and as soon as material can be secured. DG will be viewed every day. • V-Ditch maintenance and cleaning will occur during the appropriate time of year to allow for an efficient drainage infrastructure • Trails will be inspected on a regular basis. Litter and washouts will be addressed as well as inspection of ancillary features mentioned in the specifications Personnel Assiqned to the Citv of Diamond Bar Revisit and revise MCE personnel are unique to the maintenance industry. All MCE employees are owners of the company through an ESOP (Employee Stock Ownership Plan). This, coupled with our extensive experience in providing municipal maintenance of all types, gives MCE the opportunity to hire and retain experienced professionals from both the private and public sector. Because our employees have a real and vested interest in the company, they are more customer focused and result oriented. MCE currently has a crew in place in Diamond Bar. We expect to retain the entire crew if awarded the project. MCE would have 5 FTE's in place for this contract, supported by other personnel if required. The key Individuals would be: • Oscar Rubio- Supervisor 38 of 117 • Calixto Becerra- Irrigation Technician support • Cesario Martinez- Crew Leader All prospective MCE employees must pass a physical, drug screen and background check before employment with MCE. All MCE employees receive extensive training including annual traffic control certification, OSHA 10 hour and task specific training. Vehicles and Equipment To accomplish the scope of work, MCE will have the following in place. • 1 Utility Truck/Spray Rig • 1 Flatbed • 1 Pickup • 1 60" rotary mower � 1-36" rotary mower • 1-21" rotary mower • 1 trailer • Trailer leaf vacuum unit • Multiple trimmers, weed eaters, hedge trimmers, blowers and hand tools • 1 PERC machine- Gopher abatement- Shared • On site Cheetah (smaller handheld version of PERC machine) • Rental Equipment such as aerator, top dresser, verticutter, etc. are provided through Eberhard equipment. MCE utilizes them frequently and we can get replace equipment, often on the same day, if needed. � Other equipment as required through additional sources known fo MCE Corporation in the L,A. County area Schedules On the following page is the current monthly schedule for weeks 1-4 in place in Diamond Bar. This schedule has brought order and a planned approach to each area yet is often evolving to address changing needs 39 of 117 N � � � 0 0 � v N '�i- 7. 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E E � ` C C 'C � ~ «� � � E � � � o`oU N 3 � �n f0 f0 . � x v m � � Z �- V •= « m a � a a j �p � 'O C � � y N ,N N .0 C 01 '�` � � � m � C m �� � � � LA'O a F_ f0 O V d O � � Q t +' m L � ` C * � C '� C m O 4i 'a d � cL.f d � � a� a aF � � �� �� � •� aV .� N c � (� C C � G C U C R � C lC C a y 41 �7 3 U '� � � 3 � a -o c c a � .o ° � ,,� °' � a v m o °i �� o o (� « � o v, . � � � mNc7 c7 a — "- � u`. m � + �:; v V � d � � � x m � = c j c.� +� 3 f6 :a �c a ` � � � > � � ;.; a " � � � o �; � e 3 R o d m S" �y V � a� L O N .� p L � � s v 'O � � K v c� � pN a ,� U U 0 �k '�"' N <y E. MCE will comply with the indemnity and insurance requirements as stipulated. F. MCE will execute the City Contract as stipulated. G. Green Waste Reporting and Method of Disposal MCE will diligently track all green waste material removed in a mutually agreed reporting format. It is our experience this is best done monthly so the information is available quickly for your annual report. Debris will be generated from the annual verticutting and the pruning of shrubs and groundcovers and leaf debris removal Debris will be hauled to a Grand Central green waste facility that will provide a receipt of quantity. MCE will describe type of debris on the receipt and then provide a monthly summary of material disposed. This would be an excel spreadsheet showing each receipt, location of generation, type and quantity. As an alternative, MCE would like to discuss mutual value to MCE and the City of Diamond Bar in having a green waste container at Sycamore or another local park. It may save the City some money. MCE would rather not take the material to a facility at all. We would be open to trying to divert as much to a composting operation benefitting local residents and would welcome discussion with city staff on this. H. Quality and Cost Control Plan 1. The methodology in which the firm will handle complaints from the public and damage to public and private property In the two years that MCE has had this project, complaints have been greatly reduced. MCE will be proactive and adhere to the schedules and specifications to reduce the opportunity for complaints. Should a complaint occur, we typically receive them via e mail from Debbie Gonzalez from the City. Complaint e mails become a high priority and we strive to remedy them as soon as possible. The Supervisor will communicate status of the complaint to Ms. Gonzalez until its completion. If damage occurs, MCE will repair it expeditiously and without complaint if we are the responsible party. We know that our clients trust we will make things right. 2. Effective means to correct problems Correction of problems noted by the City Maintenance Superintendent, our Supervisor, crew members or through the weekly inspection by our Area Manager are handled at the time of discovery. Problems do occur at times and our philosophy is to discuss #hese issues with the entire crew so everyone can be on the same page and reduce the likelihood of reoccurrence. 3. The means the firm will use for completing the project. MCE will use realistic and accurate schedules to systematically visit all required sites. This consistent scheduled approach is the only effective way to complete a project. Over time, issues can be handled with efficiency and timeliness if the schedule is adhered to. Next, we 44 of 117 rely on a consistent labor force. We don't experience the typical turnover as with most companies, in part because we are employee owned. Finally, and it may sound corny, but we are invested in your city. We have been in Diamond Bar for 20 years. Your city, its residents and staff matter to us. I. Corporate and Financial Capability MCE Corporation is well positioned financially for continuing operations for at least another 37 years. We have had sustained organic growth over the past few years and recorded gross revenues equal to our peak years prior to the great recession. We have utilized corporate profits to fund a greater ownership by the MCE ESOP, increasing the employee owners stake from 33°/o in 2010 to 87% in 2020. Funding the transition to the ESOP has been all consuming for our capital and management is excited about the potential uses for the freed up capital once the transition is complete. We have a solid corporate structure and have implemented recent changes in order to better support our growth in regions far removed from our corporate location in Dublin, CA. Specificapy, we have hired regional managers in both the lnland Empire and Sacramento Valley in order to have a daily managerial presence in those areas. Management meets routinely and discusses G&A support services in order to best anticipate when more, or less, is needed. 45 of 117 u INJURY AND ILLNESS PREVENTION PROGRAM � =,,.a�. - �. �� �� �� �� �w■r �a � rr � � �� � �� r �� � ��. �i � �� �►�� . i 'y��, ' �' � , � �� • • ' � � � � �s�`rr� Vtl V'V� . f i � � � ` C. C.� f �.)' , C C� � 1� Er�playee Owr�e�l/��r�rce Driver� 46 of 117 Revised 1/2017 OPERATIONS AND SAFETY POLICY MCE Corporation exists in a dynamic, competitive world where professionalism, skill, and integrity have proven to be our keys to success in meeting the needs of industry. As a leader in merit-shop construction,we are cognizant of the necessity to meet the challenge of change in our industry. Our resources, innovation, and commitment to employee safety are combined to produce a quality product the first time. It is the policy of this company that a quafity product and employee hea(th and safety are inseparable for continued success. Affirmative steps are taken to provide employee training, performance, and follow-up evaluation. The objectives are: (T) to provide a quality product and safe environment for all employees;(z) provide for the safety of the public in connection with its operations; (3) strive to achieve zero property and equipment damage or loss. Each of us is to meet specific levels of performance to achieve stated objectives. In order to determine the degree of success in meeting those objectives, a system of accountability is used to measure each individual's performance. Each supervisor is responsible for ensuring compliance with this manual as well as client safety requirements on job sites. Every employee is also responsible for ensuring that work practices are in compliance with these policies. The avoidance of work-related injuries and illness is an inseparable component of quality performance. M�E Corporation supports this policy with an Injury Prevention Program that conforms to governmental requirements. Our Corporate Code of �onduct was developed by supervisors and employees working as a team. Jeff Core, Vice President, has been delegated the authority and responsibility of implementing and managing the Injury Prevention Program. The successful implementation of the Injury Prevention Program requires a motivated personal attitude and cooperation in all safety and health matters company-wide. Our program works through a team effort, which provides the means to achieve our goals of quality construction with zero accidents. Jeff Core President I 47 of 117 1NJURY AND ILLNESS PREVENTION PROGRA.M Evety California employer must establish, implement and maintain a written lnjuty and Illness Pi•evention (IIP) Program and a copy must be maintained at each workplace or at a central worksite if the employer has non-fixed worlcsites. The requirements for establishing, implementing and maintaining an effective written injury and illness prevention program are contained in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203) and consist of the following eight elements: Element 1 Responsibility Element 2 Compliance Element 3 Communication Element 4 Hazard Assessment Element 5 Accident/Exposure Investigation Element 6 Hazard Cort�ection Element 7 Training and Instruction Element 8 Recordkeeping 48 of 117 Element 1 RESPONSIBILITY INTRODUCTION It is the policy of this company that a quality product and employee health and safety are inseparable for continued success. Affirmative steps are taken to provide employee training, performance, and follow-up evaluation. The objectives are at minimum,to: �. Comply with the State of California(or other appropriate jurisdiction)safety, health and environmental regulations; z. Provide for the safety of the public in connectiori with its operations; 3. Provide a safe working environment for all employees and subcontractors; 4. Strive to achieve zero property and equipment damage or loss. Each employee is to meet specific levels of performance to achieve stated objectives. In order to determine the degree of success in meeting those objectives, a system of accountability is used to measure each individual's performance. Each supervisor is responsible for ensuring compliance with this IIPP and the attached standard operation procedures. Every employee is responsible and will be held accountable for ensuring that work practices are in compliance with these policies. The avoidance of work-related injuries and illnesses is an inseparable component of quality performance. The successful implementation of the IIPP requires a motivated personal attitude and cooperation in all safety and health matters company-wide. Our program works through a team effort,which provides the means to achieve our goals of quality construction with zero accidents. RESPONSIBILITY The IIPP administrator, Larry Markham,has the authority and responsibility for implementing the provisions of this program for MCE Corporation. Jeff Core will be appointed the administrator in the absence of Larry Markham. All managers, supervisors,superintendents,general foremen and foremen are responsible for implementing and maintaining the IIPP in their work areas and for answering employee questions regarding the IIPP. Every manager,supervisor, superintendent,general foreman and foreman will have a copy of this IIPP in their possession or on the worksite,readily available. MCE Corporation has an executive safety committee,primarily responsible for policy decisions regarding the safety,health and environmental program and meets quarterly. The committee consists of the following personnel: JeffCore....................................................................... President Steve Loweree......................................................Vice President Katrina Wallar.............................Director of Human Resources Karen Briones.................................................... Safety Manager - 49 of 117 Element 2 COMPLIANCE • Management is responsible for ensuring that all safety and health policies and procedur•es are clearly communicated and understood by all employees. Managers and supetvisors are expected to enforce the rules fairly and uniformly. Management is also responsible for enforcing regulations and complying with the company's safety program as contained in the Injury Prevention Pt•ogram in accordance to the disciplinary action plan outlined in the "MCE Co�poration Employee Hanc�book. " The method used shall be selected based on the gravity and frequency of the violation. A willful violation of safety or security rules is cause for immediate tet•mination and cause for not being eligible for rehire. • All employees are responsible for using safe work practices, for following all directives, policies and procedures, and for assisting in maintaining a safe work environment. Our system of ensuring that all workers coinply with the rules and maintain a safe work environment include: • Informing workers of the provisions of our IIP Program; • Evaluating the safety performance of all workers; • Recognizing employees who perPorm safe and healthful work practices; • Providing training to workers whose safety performance is deficient; • Disciplining workers for failure to comply with safe and healthful worlc practices 50 of 117 Element 3 COMMLTNICATION We recognize that open, two-way communication between management and staff on health and safety issues is essential to an injury-free, productive workplace. The following system of communication is designed to facilitate a continuous flow of safety and health information between management and staff in a form that is readily undetstandable and consists of one or more of the following checiced items: ✓ New worlcer orientation including readin ag nd si�in�Employee Safety Handbook. ✓ Review of our IIP Program. ✓ Workplace safety and health training programs. ✓ Regularly scheduled safety meetings. ✓ Effective communication of safety and health concerns between workers and supervisors, including translation where appropriate. ✓ Posted or distributed safety infocrnation. ✓ A system for�worlcers to anonymously inform management about workplace hazards. � 51 of 117 Elenlent 4 HAZARD ASSESSMENT Periodic inspections to identify and evaluate workplace hazards shall be performed by the following competent observer(s) in the following areas of our workplace: --- -_------- —_ _...._ ----___ _____ .----- ___..___--- Competent Observer I Area --.__. _. _ __...__. _____....._______. .. .... __._ __.__ .._..__... ___�.._____.__.__._ _.�..�_.__._ Karen Briones �Construction and Maintenance - ---.--.._.___. __ . .__--- __.m_�__________ ____ _.. __..._ _. ___ ___�____ _---�.__._---__.___ ....._.__._ Jesus Rodriguez � Construction—All Locations (Vince Cudia � � �Maintenance—Northern CA ___.. _ _......_..___. . ____._.___.____._.______�.__.._ ____... ._____._. . .,.�._.. . _._..__ �_.., ...____._._________,.__._.�___ Emmanuel Pavloudakis �Maintenance—Southern CA Periodic inspections are performed according to the following schedule: • Each Weelc a different location will be inspected • When we initially established our IIP Program; • When new substances,processes,procedures or equipment which present potential new � hazards are introduced into our worlcplace; • When new,previously unidentified hazards are recognized; • When occupational injuries and illnesses occur; • When we hire and/or reassign permanent or intermittent workers to processes, operations, or tasks for which a hazard evaluation has not been previously conducted; and • Whenever workplace conditions wart•ant an inspection. Periodic inspections consist of identification and evaluation of workplace hazards utilizing applicable sections of the attached Hazard Assessment Checklist and any other effective methods to identify and evaluate workplace hazards. 52 of 117 HAZARD ASSESSMENT CHECKLISTS GENERAL WORK ENVIRONMENT • Are all worksites clean and orderly? • Are worlc surfaces kept dry or appropriate means talcen to assure the surfaces are slip- resistant? • Are all spilled materials or liquids cleaned up immediately? • Is combustible scrap, debris and waste stored safely and removed from the worlcsite � proinptly? � • Is accumulated combustible dust routinely removed from elevated surfaces, including the overhead structure of buildings? • Is combustible dust cleaned up with a vacuum system to prevent the dust going into ' suspension? • Is metallic or conductive dust prevented from entering or accumulation on or around electrical enclosures or equipment? • Are covec�ed metal waste cans used for oily and paint-soalced waste? • Are all oil and gas fired devices equipped with flame failure controls that will prevent flow of fuel if pilots or main burners are not working? • Are paint spray booths, dip tanks and the like cleaned regularly? • Are the minimum number of toilets and washing facilities provided? • Aee all toilets and washing facilities clean and sanitary? . Are all work areas adequately illuminated? • Are pits and floor openings covered or otherwise guarded? PERSONAL PROTECTIVE EQUTPMENT&CLOT`I�1I�1G Are protective goggles or face shields provided and worn where there is any danger of flying particles or corrosive materials`? • Are approved safety glasses required to be worn at all times in areas where there is a risk of eye injuries such as punctures, abrasions, contusions or burns? • Are employees who need corrective lenses (glasses or contacts lenses) in working environments with harmful exposures, required to wear only approved safety glasses, protective goggles, or use other medically approved precautionary procedures? • Are protective gloves, aprons, shields, or other means provided against cuts, corrosive liquids and chemicals? • Are hard hats provided and worn where danger of falling objects exists? • Are hard hats inspected periodically for damage to the shell and suspension system? • Is appropriate foot protection required where there is the risk of foot injuries from hot, conosive, poisonous substances, falling objects, crushing or penetrating actions? • Are approved respirators provided for regular or emergency use where needed? • Is all protective equipment maintained in a sanitary condition and ready for use? • Do you have eye wash facilities and a quick drench shower within the work area where employees are exposed to injurious coirosive materials? • Where special equipment is needed for electrical worlcers, is it available? 53 of 117 • When lunches are eaten on the premises, are they eaten in areas where there is no exposure to toxic materials or other health hazards? • Is protection against the effects of occupational noise exposure provided when sound levels exceed those of the Cal/OSHA noise standard? WALKWAYS • Are aisles and passageways lcept clear? • Are aisles and walkways marlced as appropriate? • Are wet surfaces covered with non-slip materials? • Are holes in the floor, sidewalk or other wallcing surface repaired properly, covered or othet�wise made safe? • Is there safe clearance for walking in aisles where motorized or mechanical handling equipment is operating. • Are spilled materials cleaned up immediately? • Are materials or equipment stored in such a way that shatp projectiles will not interfere with the walkway? • Are changes of direction or elevations readily identifiable? • Are aisles or walkways that pass near moving or operating machinery, welding operations or similar operations arranged so employees will not be subjected to potential hazards? • Is adequate headroom provided for the entire length of any aisle or walkway? • Are standard guardrails provided wherever aisle or walkway surfaces are elevated more than 30 inches above any adjacent floor or the ground? • Are bridges provided over conveyors and similar hazards? FLOOR&WALL OPENINGS • Are floor openings guarded by a cover, guardrail, or equivalent on all sides (except at entrance to stairways or ladders)? • Are toeboards installed around the edges of a permanent floor opening(where persons may pass below the opening)? • Are skylight screens of such construction and mounting that they will withstand a load of at least 200 pounds? • Is the glass in windows, doors, glass walls that are subject to human impact, of sufficient thickness and type for the condition of use? • Are grates or similar type covers over floor openings such as floor drains, of such design that foot traffic or rolling equipment will not be affected by the grate spacing? • Are unused portions of service pits and pits not actually in use either covered or protected by guardrails or equivalent? • Are manhole covers,trench covers and similar covers,plus their supports, designed to carry a truck rear axle load of at least 20,000 pounds when located in roadways and subject to vehicle traffic? • Are floor or wall openings in fire resistive construction provided with doors or covers compatible with the fire rating of the structure and provided with self-closing feature when appropriate? 54 of 117 STAIRS& STAIRWAYS • Are standard stair rails or handrails on all stairways having four or more riset•s? • Are all stairways at least 22 inches wide? • Do stairs have at least a 6'6" overhead clearance? • Do stairs angle no more than 50 and no less than 30 degrees? • Are stairs of hollow-pan type treads and landings filled to noising level with solid material? • Are step risers on stairs uniform from top to bottom, with no riser spacing greater than 7- 1/2 inches? • Are steps on stairs and stairways designed or provided with a surface that renders them slip resistant? • Are stairway handrails located between 30 and 34 inches above the leading edge of stair treads? • Do stairway handrails have a least 1-1/2 inches of clearance between the handrails and the wall or surface they are mounted on? • Are stairway handrails capable of withstanding a load of 200 pounds, applied in any direction? • Where stairs or stairways exit directly into any area where vehicles may be operated, are adequate barriers and war•nings provided to prevent employees stepping into the path of traffic? • Do stairway landings have a dirnension measured in the direction of travel, at least equal to width of the stairway? • Is the vertical distance between stairway landings limited to 12 feet or less? ELEVATEDSURFACES • Are signs posted, when appropriate, showing the elevated surface load capacity? . Are surfaces elevated more than 30 inches above the floor or ground provided with standard guardrails? • Are all elevated surfaces (beneath which people or machinery could be exposed to falling objects) provided with standard 4-inch toeboards? • Is a permanent means of access and egress provided to elevated storage and work surfaces? • Is required headroom provided where necessary? • Is material on elevated surfaces piled, stacked or racked in a manner to prevent it from tipping, falling, collapsing, rolling or spreading? • Are dock boards or bridge plates used when transferring materials between docks and trucks or rail cars? 55 of 117 EXITING OR EGRESS • Are all exits marked with an exit sign and illuminated by a reliable light source? • Are the directions to exits, when not immediately apparent, marlced with visible signs? • Are doors,passageways or stairways,that are neither exits nor access to exits and which could be mistaken for exits, appropriately marked "NOT AN EXIT", "TO BASEMENT", "STOREROOM", and the like? • Are exit signs provided with the word "EXIT" in lettering at least 5 inches high and the stroke of the lettering at least 1/2 inch wide? • Are exit doors side-hinged? • Are all exits kept free of obstructions? • Are at least two means of egress provided froin elevated platforms, pits or rooms where the absence of a second exit would increase the risk of injury fi�om hot, poisonous, corrosive, suffocating, flammable, or explosive substances? • Are there sufficient exits to permit prompt escape in case of emergency? • Are special precautions taken to protect employees during construction and repair operations? • Is the number of exits from each floor of a building, and the number of exits from the building itself, appropriate for the building occupancy load? • Are exit stairways which are required to be separated from other parts of a building enclosed by at least two hour fire-resistive construction in buildings more than four stories in height, and not less than one-hour fire resistive construction elsewhere? • When ramps are used as part of required exiting from a building, is the ramp slope limited to 1-foot vet-tical and 12 feet horizontal? • Where exiting will be through frameless glass doors, glass exit doors, storm doors, and such are the doors fully tempered and meet the safety requirements for human impact? EXIT DOORS • Are doors that are required to serve as exits designed and constructed so that the way of exit travel is obvious and direct? • Are windows that could be mistaken for exit doors, made inaccessible by means of baniers or railings? • Are exit doors openable from the direction of exit travel without the use of a key or any special knowledge or effort, when the building is occupied? • Is a revolving, sliding or overhead door prohibited from serving as a required exit door? • Where panic hardware is installed on a required exit door, will it allow the door to open by applying a force of 1 S pounds oi•less in the direction of the exit traffic? • Are doors on cold storage rooms provided with an inside release mechanism that will release the latch and open the door even if it's padlocked or otherwise locked on the outside? • Where exit doors open directly onto any street, alley or other area where vehicles may be operated, are adequate baniers and warnings provided to prevent employees stepping into the path of traffic? • Are doors that swing in both directions and are located between rooms where there is frequent traffic, provided with viewing panels in each door? 56 of 117 PORTABLE LADDERS • Ai•e alf ladders maintained in good condi�ion,join�s between s�eps and side rai[s tight, alI hardware and fittings securely attached, and moveable par-�s operating fi•eely without binding oi•undue play? • Are non-slip safety feet provided on each ladder? • Are non-slip safety feet provided on each metal or rung laddef�? • Are ladder rungs and steps fi•ee of grease and oil? • Is it prohibited to place a ladder in front of doors opening toward the ladder except when the door is blocked open, locked or guarded? • Is it prohibited to place ladders on boxes, barrels, or other unstable bases to obtain additional height? • Are employees instructed to face the ladder when ascending or descending? • Are employees prohibited from using ladders that are broken, missing steps, rungs, or cleats, broken side rails or other faulty equipment? • Are employees instructed not to use the top 2 steps of ordinaly stepladders as a step? • When portable rung ladders are used to gain access to elevated platforms, roofs, and the like does the ladder always extend at least 3 feet above the elevated surface? • Is it cequired that when portable rung or cleat type ladders are used the base is so placed that slipping will not occur, or it is lashed or otherwise held in place? • Are portable metal ladders legibly marked with signs reading "CAUTION" "Do Not Use Around Electrical Equipment" or equivalent wording? • Are employees prohibited frotn using ladders as guys, braces, skids, gin poles, or for other than their intended purposes? • Are employees instructed to only adjust extension ladders while standing at a base (not while standing on the ladder or from a position above the ladder)? • Are metal ladders inspected for damage? � • Are the rungs of ladders unifotmly spaced at 12 inches, center to center? HAND TOOLS&EQU[PMENT • Are all tools and equipment (both, company and employee-owned) used by employees at their workplace in good condition? � • Are hand tools such as chisels, punches, which develop mushroomed heads during use, ;�� reconditioned or replaced as necessary? � • Are broken or fractured handles on hammers, axes and similar equipment replaced + promptly? • Are worn or bent wrenches replaced regularly? I • Are appropriate handles used on files and similar tools? • Are employees made aware of the hazards caused by faulty or improperly used hand tools? • Are appropriate safety glasses, face shields, and similar equipment used while using hand tools or equipment that might produce flying materials or be subject to breakage? • Are jacks checked periodically to assure they are in good operating condition? • Are tool handles wedged tightly in the head of all tools? • Are tool cutting edges kept sharp so the tool will move smoothly without binding or skipping? 57 of 9 97 I • Are tools stored in dty, secure location where they won't be tampered with? • Is eye and face protection used when driving hardened or tempered spuds or nails? PORTABLE(POWER OPERATED)TOOLS&EQUIPNIENT • Are grinders, saws, and similar equipment provided with appropriate safety guards? • Are powei•tools used with the correct shield, guard or attachment recommended by the manufacturer? • Are portable circular saws equipped with guards above and below the base shoe? • Are circular saw guards checiced to assure they are not wedged up, thus leaving the lowet• portion of the blade unguarded? • Are rotating or moving parts of equipment guarded to prevent physical contact? • Are all cord-connected, electrically operated tools and equipment effectively grounded or of the approved double insulated type? • Are effective guards in place over belts,pulleys, chains, and sprockets, on equipment such as concrete mixers, air compressors, and the like? • Are portable fans provided with full guards or screens having openings 1/2 inch or less? • Is hoisting equipment available and used for lifting heavy objects, and are hoist ratings and characteristics appropriate for the task? • Are ground-fault circuit interrupters provided on all temporary electrical 15 and 20 ampere circuits, used during periods of construction? • Are pneumatic and hydraulic hoses on power-operated tools checked regularly for deterioration or damage? ABRASIVE WFIEEL EQUIPMENT GRINDERS • Is the work rest used and kept adjusted to within 1/8 inch of the wheel? • Is the adjustable tongue on the top side of the grinder used and kept adjusted to within 1/4 inch of the wheel? • Do side guards cover the spindle, nut, and flange and 75 percent of the wheel diameter? • Are bench and pedestal grinders permanently mounted? • Are goggles or face shields always worn when grinding? • Is the maximum RPM r•ating of each abrasive wheel compatible with the RPM rating of the grinder motor? • Are fixed or permanently mounted grinders connected to their electt•ical supply system with metallic conduit or other permanent wiring method? • Does each grinder have an individual on and off control switch? • Is each electrically operated grinder effectively grounded? • Before new abrasive wheels are mounted, are they visually inspected and ring tested? • Are dust collectors and powered e�austs provided on grinders used in operations that produce large amounts of dust? • Are splashguards mounted on grinders that use coolant,to prevent the coolant reaching employees? • Is cleanliness maintained around grinder? POWDER ACTUATED TOOLS 58 of 117 • At•e employees who operate powder-actuated tools tt�ained in their use and cat�ry a valid operator's card? • Do the powder-actuated tools being used have written approval of the Division of Occupational Safety and Health? • Is each powder-actuated tool stored in its own locked container when not being used? • Is a sign at least 7" by 10" with bold type reading "POWDER-ACTUATED TOOL IN USE" conspicuously posted when the tool is being used? • Are powder-actuated tools left unloaded until they are actually ready to be used? • Are powder-actuated tools inspected for obstructions or defects each day before use? • Do powder-actuated tools operators have and use appropriate personal protective equipment such as hard hats, safety goggles, safety shoes and ear protectors? MACI�INE GUARDING • Is there a training program to instruct employees on safe methods of machine operation? • Is there adequate supervision to ensure that employees are following safe machine operating procedures? • Is there a regular program of safety inspection of machinery and equipment? • Is all machinery and equipment kept clean and properly maintained? . Is sufficient clearance provided around and between machines to allow for safe operations, set up and servicing, material handling and waste cemoval? • Is equipment and machinery securely placed and anchored, when necessary to prevent tipping or other movement that could result in personal injury? • Is there a power shut-off switch within reach of the operator's position at each machine? • Can electric power to each machine be locked out for maintenance, repair, or security? • Are the noncurrent-carrying metal parts of electrically operated machines bonded and grounded? . Are foot-operated switches guarded or arranged to prevent accidental actuation by personnel or falling objects? • Are manually operated valves and switches controlling the operation of equipment and machines clearly identified and readily accessible? • Are all emergency stop buttons colored red? • Are all pulleys and belts that are within 7 feet of the floor or working level properly guarded? • Are all moving chains and gears properly guarded? • Are splashguards mounted on machines that use coolant, to prevent the coolant from reaching employees? • Are methods provided to protect the operator and other employees in the machine area from hazards created at the point of operation, ingoing nip points, rotating parts, flying chips, and sparks? . Are machineiy guat•ds secure and so arranged that they do not offer a hazard in their use? • If special hand tools are used for placing and removing material, do they protect the operator's hands? • Are revolving drums, barrels, and containers required to be guarded by an enclosure that is interlocked with the drive mechanism, so that revolution cannot occur unless the guard enclosure is in place, so guarded? • Do arbors and mandrels have firm and secure bearings and are they fi•ee fi•om play? 59 of 117 • Are provisions made to prevent machines fi•om automatically starting when power is restored after a power failure or shutdown? • Are machines constructed so as to be free from excessive vibration when the largest size tool is mounted and run at full speed? • If machineiy is cleaned with compressed air, is air pressure controlled and personal protective equipment or other safeguards used to protect operators and other workers from eye and body injut•y? • Are fan blades protected with a guard having openings no larger than 1/2 inch, when operating within 7 feet of the floor? • Are saws used for ripping, equipped with anti-kick back devices and spreaders? • Are radial arm saws so arranged that the cutting head will gently return to the back of the table when released? LOCKOUT BLOCI{OUT PROCEDURES • is all machinery or equipment capable of movement, required to be de-energized or disengaged and blociced or locked out during cleaning, servicing, adjusting or setting up operations, whenever required? • Is the locking-out of control circuits in lieu of locking-out main power disconnects prohibited? • Are all equipment control valve handles provided with a means for locking-out? • Does the lockout procedure require that stored energy (i.e. mechanical, hydraulic, air,) be released or blocked before equipment is locked-out for repairs? • Are appropriate employees provided with individually keyed personal safety locks? • Are employees required to keep personal control of their key(s) while they have safety locksin use? • Is it required that employees check the safety of the lock out by attempting a start up after making sure no one is exposed? • Where the power disconnecting means for equipment does not also disconnect the electrical control circuit: • Are the appropriate electrical enclosures identified? • Is means provide to assure the control circuit can also be disconnected and locked out? WELDING,CUTTING&BRAZING • Are only authorized and trained personnel permitted to use welding, cutting or brazing equipment? • Do all operator have a copy of the appropriate operating instructions and are they directed to follow them? • Are compressed gas cylinders regularly examined for obvious signs of defects, deep rusting, or leakage? • Is care used in handling and storage of cylinders, safety valves, relief valves, and the like, to prevent damage? • Are precautions taken to prevent the mixture of air or oxygen with flammable gases, except at a burner or in a standard torch? • Are only approved apparatus (torches, regulators,pressure-reducing valves, acetylene generators,manifolds) used? 60 of 117 • Are cylinders kept away from sources of heat? • Is it piohibited to use cylinders as rollers oi-supports? • Are empty cylinders appropriately marlced their valves closed and valve-protection caps on? • Are signs reading: DANGER NO-SMOKING, MATCHES, OR OPEN LIGHTS, or the equivalent posted? • Are cylinders, cylinder valves, couplings, regulators, hoses, and apparatus keep fi�ee of oily or greasy substances? • Is care taken not to di•op or strike cylinders? • Unless secul�ed on special trucks, are regulators removed and valve-protection caps put in place before moving cylinders? • Do cylinders without fixed hand wheels have keys, handles, or non-adjustable wrenches I on stem valves when in service? i • Are liquefied gases stored and shipped valve-end up with valve covers in place? , • Ace employees instructed to never cracic a fuel-gas cylinder valve near sources of ignition? • Before a regulator is removed, is the valve closed and gas released form the regulator? • Is red used to identify the acetylene (and other fuel-gas) hose, green for oxygen hose, and black for inert gas and air hose? • Are pressure-reducing regulators used only for the gas and pressures for which they are intended? • Is open circuit(No Load) voltage of arc welding and cutting machines as low as possible and not in excess of the recommended limits? • Under wet conditions, are automatic controls for reducing no-load voltage used? . Is grounding of the rnachine frame and safety ground connections of portable machines checked periodically? • Are electrodes removed from the holders when not in use? • Is it required that electric power to the welder be shut off when no one is in attendance? . Is suitable fire extinguishing equiprnent available for immediate use? . Is the welder forbidden to coil or loop welding electrode cable around his body? . Are wet machines thoroughly dried and tested before being used? • Are work and electrode lead cables frequently inspected for wear and damage, and replaced when needed? . Do means for connecting cables' lengths have adequate insulation? • When the object to be welded cannot be moved and fire hazards cannot be removed, are shields used to confine heat, sparks, and slag? • Are firewatchers assigned when welding or cutting is performed, in locations where a serious fire might develop? • Are combustible floors kept wet, covered by damp sand, or protected by fire-resistant shields? . When floors are wet down, are personnel protected from possible electrical shock? • When welding is done on metal walls, are precautions taken to protect combustibles on the other side? • Before hot work is begun, are used drums, barrels,tanks, and other containers so thoroughly cleaned that no substances remain that could explode, ignite, or produce toxic vapors? 61 of 117 • Is it required that eye protection helmets, hand shields and goggles meet appropriate standards? • Are employees exposed to the hazards created by welding, cutting, or bracing operations protected with personal protective equipment and clothing? • Is a checic made for adequate ventilation in and where welding or cutting is preformed? • When working in confined places are environmental monitor�ing tests taken and means provided for quick removal of welders in case of an emergency? COMPRESSORS&COMPRESSED AIR • Are compressors equipped with pressure relief valves, and pressure gauges? • Are compressor air intalces installed and equipped to ensure that only clean uncontaminated air enters the compressor? • Are air filters installed on the compressor intake? • Are compressors opei•ated and lubricated in accordance with the manufacturer's recommendations? • Are safety devices on compressed air systems checiced frequently? • Before any repair work is done on the pressure system of a compressor, is the pressure bled off and the system locked-out? • Are signs posted to warn of the automatic starting feature of the compressors? • Is the belt drive system totally enclosed to provide protection for the front, back,top, and sides? • Is it strictly prohibited to direct compressed air towards a person? • Are employees prohibited from using highly compressed air for cleaning putposes? • If compressed air is used for cleaning off clothing, is the pressure reduced to less than 10 psi? • When using compressed air for cleaning, do employees use personal protective equipment? • Are safety chains or other suitable locking devices used at couplings of high pressure hose lines where a connection failure would create a hazard? • Before compressed air is used to empty containers of liquid, is the safe worlcing pressure of the container checked? • When compressed air is used with abrasive blast cleaning equipment, is the operating valve a type that must be held open manually? • When compressed air is used to inflate auto tires, is a clip-on chuck and an inline regulator preset to 40 psi required? • Is it prohibited to use compressed air to clean up or move combustible dust if such action could cause the dust to be suspended in the air and cause a fire or explosion hazard? COMPRESSED GAS&CYLINDERS • Are cylinders with a water weight capacity over 30 pounds equipped with means for connecting a valve protector device, or with a collar or recess to protect the valve? • Are cylinders legibly marlced to clearly identify the gas contained? • Are compressed gas cylinders stored in areas which are protected from external heat sources such as flame impingement, intense radiant heat, electric ares, or high temperature lines? 62 of 117 • Are cylinders located or stored in areas whei•e they will not be damaged by passing or falling objects, or subject to tampering by unauthorized peesons? • Are cylinders stored or transported in a manner to prevent them creating a hazard by tipping, falling or rolling? • Are cylinders containing liquefied fuel gas, stored or transported in a position so that the safety relief device is always in direct contact with the vapor space in the cylinder? • Ai•e valve protectors always placed on cylinders when the cylinders are not in use or connected for use? • Are all valves closed off before a cylinder is moved, when the cylinder is empty, and at the completion of each job? • Are low pressure fuel-gas cylinders checked periodically for corrosion, general distortion, cracks, or any other defect that might indicate a weakness or render it unfit for service? I • Does the periodic checic of low pressure fuel-gas cylinders include a close inspection of the cylinders' bottom? I HOTST&AUXILIARY EQUIPMENT I • Is each overhead electric hoist equipped with a limit device to stop the hook travel at its I highest and lowest point of safe travel? • Will each hoist automatically stop and hold any load up to 125 percent of its rated load, if !, its actuating force is removed? ' • Is the rated load of each hoist legibly marked and visible to the operator? I • Are stops provided at the safe limits of travel for trolley hoist? • Are the controls of hoists plainly marked to indicate the direction of travel or motion? • Is each cage-controlled hoist equipped with an effective warning device? �� • Ace close-fitting guards or other suitable devices installed on hoist to assure hoist ropes will be maintained in the sheave groves? • Are all hoist chains or ropes of sufficient length to handle the full range of movement for the application while still maintaining two full wraps on the drum at all times? i • Are nip points or contact points between hoist ropes and sheaves which are permanently II located within 7 feet of the floor, ground or working platform, guarded? ' • Is it prohibited to use chains or rope slings that are kinked or twisted? • Is it prohibited to use the hoist rope or chain wrapped around the load as a substitute, for a sling? • Is the operator instructed to avoid carrying loads over people? • Are only employees who have been trained in the proper use of hoists allowed to operate them? INDUSTRIAL TRUCKS-FORKLIFTS • Are only trained personnel allowed to operate industrial trucics? • Is substantial overhead protective equipment provided on high lift rider equipment? • Are the required lift truck operating rules posted and enforced? • Is directional lighting provided on each industrial truck that operates in an area with less than 2 foot candles per square foot of general lighting? . Does each industrial truck have a warning horn, whistle, gong or other device which can be clearly heard above the normal noise in the areas where operated? 63 of 117 • Are the brakes on each industrial trucic capable of bringing the vehicle to a coinplete and safe stop when fully loaded? • Will the industrial truck's parking brake effectively prevent the vehicle from moving when unattended? • Are industrial trucks operating in areas where flatnmable gases or vapors, or combustible dust or ignitable fibers may be present in the atmosphere, approved for such locations? • Are inotorized hand and hand/rider trucics so designed that the brakes are applied, and power to the drive motor shuts off when the operator i•eleases his/her grip on the device that controls the travel? • Are industrial trucks with internal combustion engine operated in buildings or enclosed areas, carefully checked to ensure such operations do not cause harmful concentration of dangerous gases or fumes? ENTERING CONFINED SPACES • Establish and maintain a written confined space permit-required program as necessary (MCE Corp rarely does confined space work): • Are confined spaces thoroughly emptied of any corrosive or hazardous substances, such as acids or caustics, before entry? • Before entry, are all lines to a confined space, containing inert,toxic, flammable, or corrosive materials valved off and blanked or disconnected and separated? • Is it required that all impellers, agitators, or other moving equipment inside confined spaces be locked-out if they present a hazard? • Is either natural or mechanical ventilation provided prior to confined space entry? • Before entry, are appropriate atmospheric tests performed to check for oxygen deficiency, toxic substance and explosive concentrations in the confined space before entry? • Is adequate illumination provided for the work to be performed in the confined space? • Is the atmosphere inside the confined space frequently tested or continuously monitor during conduct of worlc? • Is there an assigned safety standby employee outside of the confined space, whose sole responsibility is to watch the work in progress, sound an alarm if necessary, and render assistance? • Is the standby employee or other employees prohibited from entering the confined space without lifelines and respiratory equipment if there is any questions as to the cause of an emergency? • In addition to the standby employee, is there at least one other trained rescuer in the vicinity? • Are all rescuers appropriately trained and using approved, recently inspected equipment? • Does all rescue equipment allow for lifting employees vertically from a top opening? • Are there trained personnel in First Aid and CPR immediately available? • Is there an effective communication system in place whenever respiratory equipment is used and the employee in the confined space is out of sight of the standby person? • Is approved respiratory equipment required if the atmosphere inside the confined space cannot be made acceptable? • Is all portable electrical equipment used inside confined spaces either grounded and insulated, or equipped with ground fault protection? 64 of 117 • Before gas welding or burning is started in a confined space, are hoses checiced for lealcs, compressed gas bottles forbidden inside of the confined space, torches lighted only outside of the confined area and the confined area tested for an explosive atmosphere each time before a lighted torch is to be taken into the confined space? • If employees will be using oxygen-consuming equipment such as salamanders,torches, furnaces, in a confined space, is sufficient air provided to assure cotnbustion without reducing the oxygen concentration of the atmosphere below 19.5 percent by volume? • Whenever combustion-type equipment is used in confined space, are provisions made to ensure the exhaust gases are vented outside of the enclosure? • Is each confined space checked for decaying vegetation or animal matter, which may produce methane? • Is the confined space checiced for possible industrial waste, which could contain toxic properties? • If the confined space is below the ground and near areas where motor vehicles will be operating, is it possible for vehicle e�aust or carbon monoxide to enter the space? ENVIRONMENTAL CONTROLS • Are all work areas properly illuminated? • Are employees instructed in pt•oper first aid and other emergency procedures? • Are hazardous substances identified which may cause harm by inhalation, ingestion, skin absorption or contact? • Are employees aware of the hazards involved with the various chemicals they may be exposed to in their work environment, such as ammonia, chlorine, epoxies, and caustics? • Is employee exposure to chemicals in the workplace Icept within acceptable levels? • Can a less harmful method or product be used? • Is the work area's ventilation system appropriate for the work being performed? • Are spray painting operations done in spray rooms or booths equipped with an appropriate e�aust system? • Is employee exposure to welding fumes controlled by ventilation, use of respirators, exposure time, or other means? • Are welders and other workers nearby provided with flash shields during welding operations? • If forklifts and other vehicles are used in buildings or other enclosed areas, are the carbon monoxide levels kept below maximum acceptable concentration? • Has there been a determination that noise levels in the facilities are within acceptable levels? • Are steps being taken to use engineering controls to reduce excessive noise levels? • Are proper precautions being taken when handling asbestos and other fibrous materials? • Are caution labels and signs used to warn of asbestos? • At�e wet methods used, when practicable, to prevent the emission of airborne asbestos fibers, silica dust and similar hazardous materials? . Is vacuuming with appropriate equipment used whenever possible rather than blowing or sweeping dust? . Are grinders, saws, and other machines that produce respirable dusts vented to an industrial collector or central e�aust system? 65 of 117 • Are all local exhaust ventilation systems designed and operating properly such as airflow and volume necessary for the application?Are the ducts free of obstructions or the belts slipping? • Is personal protective equipment provided, used and maintained wherever required? • Are there written standard operating procedures for the selection and use of respirators where needed? • Are restrooms and washrooms lcept clean and sanitary? • Is all water provided for drinking, washing, and cooking potable? • Are all outlets for water not suitable for drinking clearly identified? • Are employees'physical capacities assessed before being assigned to jobs requiring heavy worlc? • Are employees instructed in the proper manner•of lifting heavy objects? • Where heat is a problem, have all fixed work areas been provided with spot cooling or air conditioning? • Are employees screened before assignment to ar•eas of high heat to determine if their health condition might make them more susceptible to having an adverse reaction? • Are employees working on streets and roadways where they are exposed to the hazards of traffic, required to wear bright colored (traffic orange) warning vest? • Are exhaust stacks and air intakes located that contaminated air will not be recirculated within a building or other enclosed area? • Is equipment producing ultra-violet radiation properly shielded? FLAMMABLE&COMBUSTIBLE MATERIALS • Are combustible scrap, debris and waste materials (i.e. oily rags) stored in covered metal receptacles and removed from the worlcsite promptly? • Is proper storage practiced to minimize the risk of fire including spontaneous combustion? • Are approved containers and tanlcs used for the storage and handling of flammable and combustible liquids? • Are all connections on drums and combustible liquid piping, vapor and liquid tight? • Are all flammable liquids kept in closed containers when not in use (e.g. parts cleaning tanks,pans)? • Are bulk drums of flammable liquids grounded and bonded to containers during dispensing? • Do storage rooms for flammable and combustible liquids have explosion-proof lights? • Do storage rooms for flammable and combustible liquids have mechanical or gravity ventilation? • Is liquefied petroleum gas stored,handled, and used in accordance with safe practices and standards? • Are liquefied petroleum storage tanks guarded to prevent damage from vehicles? • Are all solvent wastes and flammable liquids kept in fire-resistant covered containers until they are removed from the worksite? • Is vacuuming used whenever possible rather than blowing or sweeping combustible dust? • Are fire separators placed between containers of combustibles or flammables, when stacked one upon another,to assure their support and stability? 66 of 117 • Are fuel gas cylinders and oxygen cylindets separated by distance, fire resistant barriers or other means while in storage? • Are fire extinguishers selected and provided for the types of materials in areas where they are to be used? • Class A: Ordinary combustible material fires. • Class B: Flammable liquid, gas or grease fires. • Class C: Energized-electrical equipment fires. • If a Halon 1301 fire extinguisher is used, can employees evacuate within the specified time for that extinguisher? • Are appropriate fire extinguishers mounted within 75 feet of outside areas containing flarncnable liquids, and within 10 feet of any inside storage area for such materials? • Is the transfer/withdrawal of flammable or combustible liquids performed by trained personnel? • Are fire extinguishers mounted so that employees do not have to travel more than 75 feet for a class "A" fire or 50 feet for a class "B" fire? • Are employees trained in the use of fire extinguishers? • Are extinguishers free from obstructions or blockage? • Are all extinguishers serviced, maintained and tagged at intervals not to exceed one year? • Are all extinguishers fully charged and in their designated places? • Is a record maintained of required monthly checics of extinguishers? • Where sprinlcler systems are permanently installed, are the nozzle heads directed or arranged so that water will not be sprayed into operating electrical switchboards and equipment? • Are "NO SMOKING" signs posted where appropriate in areas where flammable or combustible materials are used or stored? • Are "NO SMOKING" signs posted on liquefied petroleum gas tanks? • Are "NO SMOKING" rules enforced in areas involving storage and use of flammable materials? • Are safety cans used for dispensing flammable or combustible liquids at a point of use? • Are all spills of flammable or combustible liquids cleaned up promptly? • Are storage tanks adequately vented to prevent the development of excessive vacuum or pressure as a result of filling, emptying, or atmosphere temperature changes? • Are storage tanlcs equipped with emergency venting that will relieve excessive internal pressure caused by fire exposure? • Are spare portable or butane tanks, which are sued by industrial trucks stored in accord with regulations? FIRE PROTECTION • Do you have a fire prevention plan? • Does your plan describe the type of fire protection equipment and/or systems? - • Have you established practices and procedures to control potential fire hazards and ignition sources? • Are employees aware of the fire hazards of the material and processes to which they are exposed? • Is your local fire department well acquainted with your facilities, location and specific hazards? 67 of 117 • If you have a fire alai7n system, is it tested at least annually? • If you have a fire alarm system, is it certified as required? • If you have interior standpipes and valves, are they inspected regularly? • If you have outside private fire hydrants, are they flushed at least once a year and on a routine preventive maintenance schedule? • Are fire doors and shutters in good operating condition? • Are fire doors and shutters unobstructed and protected against obstructions, including their counterweights? • Are fire door and shutter fusible links in place? • Are automatic sprinkler system water control valves, air and water pressures checked weekly/periodically as required? • Is maintenance of automatic sprinkler system assigned to t�esponsible persons or to a sprinkler contractor? • Are sprinlcler heads protected by metal guards, when exposed to physical damage? • Is proper clearance maintained below sprinkler heads? • Are portable fire extinguishers provided in adequate number and type? • Are fire extinguishers mounted in readily accessible locations? • Are fire extinguishers recharged regularly and noted on the inspection tag? • Are employees periodically instructed in the use of extinguishers and fire protection procedures? HAZARDOUS CHENIICAL EXPOSURES • Are employees trained in the safe handling practices of hazardous chemicals such as acids, caustics, and the like? • Are employees aware of the potential hazards involving various chemicals stored or used in the workplace--such as acids, bases, caustics, epoxies, and phenols? • Is employee exposure to chemicals kept within acceptable levels? • Are eye wash fountains and safety showers provided in areas where corrosive chemicals are handled? • Are all containers, such as vats and storage tanks labeled as to their contents--e.g. "CAUSTICS"? • Are all employees required to use personal protective clothing and equipment when handling chemicals (i.e. gloves, eye protection, and respirators)? • Are flammable or toxic chemicals lcept in closed containers when not in use? • Are chemical piping systems clearly marked as to their content? • Where corrosive liquids are frequently handled in open containers or drawn from storage vessels or pipelines, is adequate means readily available for neutralizing or disposing of spills or overflows properly and safely? • Have standard operating procedures been established and are they being followed when cleaning up chemical spills? • Where needed for emergency use, are respirators stored in a convenient, clean and sanitaiy location? • Are respirators intended for emergency use adequate for the various uses for which they may be needed? • Are employees prohibited from eating in areas where hazardous chemicals are present? • Is personal pt•otective equipment provided,used and maintained whenever necessary? 68 of 117 • Ar� there written standaz•d operating procedures for the selection and use of respiratots where needed? • If you have a respirator protection program, are your employees instructed on the correct usage and limitations of the respirators? • Are the respirators NIOSH approved for this particular application? • Are they regularly inspected and cleaned sanitized and maintained? • If hazardous substances are used in your processes, do you have a medical or biological monitoring system in operation? • Are you familiar with the Threshold Limit Values or Permissible Exposure Limits of airborne contaminants and physical agents used in your workplace? • Have control procedures been instituted fo��hazardous materials, whet�e appropriate, such as respirators, ventilation systems, handling practices, and the lilce? • Whenever possible, are hazardous substances handled in properly designed and exhausted booths or similar locations? • Do you use general dilution or local exhaust ventilation systems to control dusts, vapors, gases, fumes, smolce, solvents or mists which may be generated in yotir workplace? • Is ventilation equipment provided for removal of contaminants from such operations as production grinding, buffng, spray painting, and/or vapor decreasing, and is it operating properly? • Do employees complain about dizziness, headaches, nausea, irritation, or other factors of discomfort when they use solvents or other chemicals? • Is there a dermatitis problem--do employees complain about skin dryness, irritation, or sensitization? • Have you considered the use of an industrial hygienist or environmental health specialist to evaluate your operation? • If internal combustion engines are used, is carbon monoxide kept within acceptable levels? • Is vacuuming used, rather than blowing or sweeping dusts whenever possible for clean up? • Are materials, which give off toxic asph�iant, suffocating or anesthetic fumes, stored in remote or isolated locations when not in use? HAZ�RDOUS SUBSTANCES COMMi_JNICATTON I • Is there a list of hazardous substances used in your workp(ace? I • Is there a written hazard communicatron program dealing with Safety Data Sheets (SDS) labeling, and employee training? • Who is responsible for SDSs, container labeling, employee training? • Is each container for a hazardous substance (i.e. vats, bottles, storage tanks,) labeled with j product identity and a hazard warning(communieation of the specific health hazards and physical hazards)? I • Is there a Safety Data Sheet readily available for each hazardous substance used? • How will you inform other employers whose employees share the same work area where the hazardous substances are used? • Is there an employee training program for hazardous substances? • Does this program include: • An explanation of what an SDS is and how to use and obtain one? 69 of 117 I • MSDS contents for each hazardous substance or class of substances? • Explanation of"Right to I�now"? • Identification of where employees can see the employer's written hazacd communication program and where hazardous substances are present in their work area? • The physical and health hazards of substances in the work area,how to detect their presence, and specific protective measures to be used? • Details of the hazard communication program, including how to use the labeling system and SDSs? • How employees will be informed of hazai•ds of non-routine tasks, and hazards of unlabeled pipes? ELECTRICAL • Are your workplace electricians familiar with the Cal/OSHA Electrical Safety Orders? • Do you specify compliance with Cal/OSHA for all contract electrical work? • Are all employees required to report as soon as practicable any obvious hazat•d to life or property observed in connection with electrical equipment or lines? • Are employees instructed to make preliminary inspections and/or appropriate tests to determine what conditions exist before starting work on electrical equipment or lines? • When electrical equipment or lines are to be serviced, maintained or adjusted, are necessary switches opened, locked-out and tagged whenever possible? • Are poi-table electrical tools and equipment grounded or of the double insulated type? • Are electrical appliances such as vacuum cleaners,polishers, vending machines grounded? • Do extension cords being used have a grounding conductor? • Are multiple plug adapters prohibited? • Are ground-fault circuit interrupters installed on each temporary 15 or 20 ampere, 120 volt AC circuit at locations where construction, demolition, modifications, alterations or excavations are being performed? • Are all temporary circuits protected by suitable disconnecting switches or plug connectors at the junction with permanent wiring? • Is exposed wiring and cords with frayed or deteriorated insulation repaired or replaced promptly? • Are flexible cords and cables free of splices or taps? • Are clamps or other securing means provided on flexible cords or cables at plugs, receptacles, tools, and equipment and is the cord jacket securely held in place? • Are all cord, cable and raceway connections intact and secure? • In wet or damp locations, are electrical tools and equipment appropriate for the use or location or otherwise protected? • Is the location of electrical power lines and cables (overhead, underground, underfloor, other side of walls) determined before digging, drilling or similar work is begun? • Are metal measuring tapes, ropes, handlines or similar devices with metallic thread woven into the fabric prohibited where they could come in contact with energized parts of equipment or circuit conductors? • Is the use of inetal ladders prohibited in area where the ladder or the person using the ladder could come in contact with energized parts of equipment, fixtures or circuit conductors? 70 of 117 • Are all disconnecting switches and circuit brealcers labeled to indicate their use or equipment served? • Are disconnecting means always opened before fuses are replaced? • Do all interior wiring systems include provisions for grounding metal parts of electrical raceways, equipment and enclosures? • Are all electrical raceways and enclosures securely fastened in place? • Are all energized parts of electrical circuits and equipment guarded against accidental contact by approved cabinets or enclosures? • Is sufficient access and working space provided and maintained about all electrical equipment to permit ready and safe operations and maintenance? • Are all unused openings (including conduit Icnockouts) in electrical enclosures and fittings closed with appropriate covers, plugs or plates? • Are electrical enclosures such as switches, receptacles,junction boxes, etc., provided with tight-fitting covers or plates? • Are disconnecting switches for electz•ical motors in excess of two horsepower, capable of opening the circuit when the motor is in a stalled condition, without exploding?(Switches must be horsepower cated equal to or in excess of the motor hp rating). • Is low voltage protection provided in the control device of motors driving machines or equipment, which could cause probably injury from inadvertent starting? • Is each motor disconnecting switch or circuit breaker located within sight of the rnotor control device? • Is each motor located within sight of its controller or the controller disconnecting means capable of being locked in the open position or is a separate disconnecting means installed in the circuit within sight of the motor? • Is the controller for e.ach motor in excess of two horsepower, rated in horsepower equal to or in excess of t.he rating of the rnotor is serves? • Are employees who regularly work on or around energized electrical equipment or lines instructed in the cardiopultnona�y cesuscitation(CPR) methods? • Are ernployees prohibited frorn working alone on energized lines or equipment over 600 I volts? i NOISE i • Are there areas in the w�rkplace where continuous noise levels exceed 85 dBA? (To determine maximum allowable Ievels for intermittent or impact noise, see Title 8, Section 5097.) • Are noise levels being measured using a sound level meter or an octave band analyzer and records being kept? • Have you tried isolating noisy machinery from the rest of your operation? • Have engineering controls been used to reduce excessive noise levels? • Where engineering controls are deteimined not feasible, are administrative controls (i.e. worker rotation) being used to minimize individual employee exposure to noise? • Is there an ongoing preventive health program to educate employees in safe levels of noise and exposure, effects of noise on their health, and use of personal protection? • Is the training repeated annually for employees exposed to continuous noise above 85 dBA? 71 of 117 • Have worlc areas where noise levels malce voice cominunication between employees difficult been identified and posted? • Is approved hearing protective equipment(noise attenuating devices) available to every employee woi•king in areas where continuous noise levels exceed 85 dBA? • If you use ear protectors, are employees properly fitted and instructed in their use and care? • Are employees exposed to continuous noise above 85 dBA given pet•iodic audiometric testing to ensure that you have an effective hearing protection system? FUELING • Is it prohibited to fuel an internal combustion engine with a flammable liquid while the engine is running? • Are fueling operations done in such a manner that likelihood of spillage will be minimal? • When spillage occurs during fueling operations, is the spilled fuel cleaned up completely, evaporated, or other measures taken to control vapors before restarting the engine? • Are fuel tank caps replaced and secured before starting the engine? • In fueling operations is there always metal contact between the container and fuel tank? • Are fueling hoses of a type designed to handle the specific type of fuel? • Is it prohibited to handle or transfer gasoline in open containers? . Are open lights, open flames, or sparking or arcing equipment prohibited near fueling or transfer of fuel operations? • Is smoking prohibited in the vicinity of fueling operations? • Are fueling operations prohibited in building or other enclosed areas that are not specifically ventilated for this purpose? • Where fueling or transfer of fuel is done through a gravity flow system, are the nozzles of the self-closing type? MATERIAL HANDLING . Is there safe clearance for equipment through aisles and doorways? • Are aisleways designated,permanently marked, and kept clear to allow unhindered passage? . Are motorized vehicles and mechanized equipment inspected daily or prior to use? • Are vehicles shut off and brakes set prior to loading or unloading? • Are containers or combustibles or flammables,when stacked while being moved, always separated by dunnage sufficient to provide stability? • Are dock boards (bridge plates)used when loading or unloading operations are talcing place between vehicles and docks? . Are trucks and trailers secured from movement during loading and unloading operations? • Are dock plates and loading ramps constructed and maintained with sufficient strength to support imposed loading? . Are hand trucks maintained in safe operating condition? . Are chutes equipped with sideboards of sufficient height to pt�event the materials being handled from falling off? 72 of 117 • Are chutes and gravity roller sections fiimly placed or secured to prevent displacement? • At the delivery end of rollers or chutes, are provisions made to brake the movement of the handled materials. • Are pallets usually inspected before being loaded or inoved? • Are hooks with safety latches or other arrangements used when hoisting materials so that slings or load attachments won't accidentally slip off the hoist hooks? i • Are securing chains, ropes, chockers or slings adequate for the job to be performed? • When hoisting material or equipment, are provisions made to assure no one will be passing under the suspended loads? • Are Material Safety Data Sheets available to employees handling hazardous substances? TRANSPORTING EMPLOYEES&MATERIALS • Do employees who operate vehicles on public thoroughfares have valid operator's licenses? • When seven or more employees are regularly transported in a van, bus or trucic, is the operator's license appropriate for the class of vehicle being driven? • Is each van, bus or truck used regularly to transport employees, equipped with an adequate number of seats? . When employees are transported by truck, are provision provided to prevent their falling from the vehicle? • Are vehicles used to transport employees, equipped with lamps, brakes, horns, mirrors, windshields and turn signals in good repair? • Are transport vehicles provided with handrails, steps, stirrups or similar devices, so placed and arranged that employees can safely mount or dismount? • Are employee transport vehicles equipped at all times with at least two reflective type flares? . Is a full charged fire extinguisher, in good condition, with at least 4 B:C rating maintained in each employee transport vehicle? • When cutting tools with shai•p edges are carried in passenger compartments of employee transport vehicles, are they placed in closed boxes or containers which are secured in place? • Are employees prohibited from riding on top of any load, which can shift, topple, or otherwise become unstable? TIRE INFLATION • Where tires are mounted and/o� inflated on drop center wheels is a safe practice procedure posted and enforced? • Where tires are mounted and/or inflated on wheels with split rims and/or retainer rings is a safe practice procedure posted and enforced? . Does each tire inflation hose have a clip-on chuck with at least 24 inches of hose between the chuck and an in-line hand valve and gauge? • Does the tire inflation control valve automatically shut off the airflow when the valve is released? • Is a tire restraining device such as a cage, rack or other effective means used while inflating tires mounted on split rims, or rims using retainei�rings? 73 of 117 • Are employees strictly forbidden fi•om tal�ing a position directly over or in fi•ont of a tire while it's being inflated? ENIERGENCY ACTION PLAN • Are you required to have an einergency action plan? • Does the emergency action plan comply with requirements of T8CCR 3220(a)? • Have emergency escape procedures and routes been developed and communicated to all employers? • Do employees, who remain to operate critical plant operations before they evacuate, know the proper procedures? • Is the employee alarm system that provides a warning for emergency action recognizable and perceptible above ambient conditions? • Are alarm systems properly maintained and tested regularly? • Is the emergency action plan reviewed and revised periodically? • Do employees now their responsibilities: • For reporting emergencies? • During an emergency? • For conducting rescue and medical duties? ERGONONIICS • Can the work be performed without eyestrain or glare to the employees? • Does the task require prolonged raising of the arms? • Do the neck and shoulders have to be stooped to view the task? • Are there pressure points on any parts of the body (wrists,foreaY�rns, back of thigl�s)? • Can the work be done using the larger muscles of the body? • Can the work be done without twisting or overly bending the lower back? . Are there sufficient rest breaks, in addition to the regular rest breaks,to relieve stress from repetitive-motion tasks? • Are tools, instruments and machinery shaped,positioned and handled so that tasks can be performed comfortably? • Are all pieces of furniture adjusted, positioned and arranged to minimize strain on all parts of the body? 74 of 117 Elenlent 5 ACCIDENT/EXPOSURE INVESTIGATIONS Procedures for investigating workplace accidents and hazardous substance exposures include: • Visiting the accident scene as soon as possible; • Interviewing injured workers and witnesses; • Examining the wor•kplace for factors associated with the accident/exposure; • Determining the cause of the accident/exposure; • Taking coi7�ective action to prevent the accident/exposure from reoccut�ring; and • Recording the findings and corrective actions taken. • Supeivisors will be responsible for filling out the Supetvisor's Report of Accident � 75 of 117 SUPERVISOR'S REPORT OF ACCIDENT Employee Name: Date of Injury: Time: Date Employee Reported Incident: Department: Job Title: How Did Injury Occur? (Please give detailed description of accident) BODY PARTS INJURED Head 6 Neck A Arm 9 Leg A Foot 9 Face 9 Back A Hand A Knee A Toe A Eye A Chest 9 Finger A Ankle 6 Other What Action Was Taken? 6 First Aid Treatment Given—If So,By Whom: A Treatment With a Physician Did Injured Employee Continue Working? Witnesses (Please Give Names): Location Of Accident: What was the employee doing when injured? Reason for unsafe conditions: How can we prevent these types of accidents in the future? Supervisor's Signature Date 76 of 117 Element 6 HAZARD CORRFCTION Unsafe or unhealthy work conditions,practices or procedures shall be corrected in a timely manner based on the severity of the hazards. Hazards shall be corrected according to the following procedures: • When observed or discovered; • When an imminent hazard exists which cannot be itnmediately abated without endangering employee(s) and/or property, we will remove all exposed workers fi•om the area except those necessary to correct the existing condition. Workers necessary to correct the hazardous condition shall be provided with the necessary protection; and • All such actions taken and dates they are completed shall be documented on the appropriate forms. 1 77 of 117 Hazard Assessment & Correction Record Date: Time: Company Name: Pictures: Field Supervisor and/or Employees: Jobsite Location: Work Type Being Performed: Identified Hazards and/or Unsafe Acts: Corrective Actions Taken: Preventative Measures and/or Recommendations: Comments: 78 of 117 Element 7 TRAINING AND INSTRUCTION All workers, including managers and supervisors, shall have training and instruction on general and job-specific safety and health p�•actices. Training and instruction shall be provided as follows: • When the IIP Program is first established; • To all new workers, except for construction workers who are provided training through a Cal/OSHA approved construction industry occupational safety and health training program; • To all workers given new job assignments for which training has not previously provided; • Whenever new substances, processes, procedures or equipment are introduced to the wot•kplace and represent a new hazard; . Whenever the employer is made aware of a new or previously unrecognized hazard; • To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed; and • To all workers with respect to hazards specific to each employee's job assignment. Workplace safety and health practices for all industries include, but are not limited to, the following: • Explanation of the employer's IIP Program, emergency action plan and fire prevention plan, and measures for reporting any unsafe conditions, work practices, injuries and when additional instruction is needed. • Use of appropriate clothing, including gloves, footwear, and personal protective equipment. . Information about chemical hazards to which employees could be exposed and other hazard communication program information. • Availability of toilet, hand-washing and drinking water facilities. • Provisions for medical services and first aid including emergency procedures. In addition, we provide specific instructions to all wot•kets regarding hazards unique to their job assignment,to the extent that such information was not already covered in other training. 79 of 117 LIST OF TRAINING SUBJECTS We train our workers about the following checked training subjects: ✓ The employer's Code of Safe Practices. ✓ Confined spaces only when required (MCE Corp rarely does confined space work). ✓ Good housekeeping, fire prevention, safe practices for operating any construction equipment. ✓ Safe procedures for cleaning, repairing, servicing and adjusting equipment and machinety. ✓ Safe access to working areas. ✓ Protection from falls. ✓ Electrical hazards, including working around high voltage lines. ✓ Trenching and excavation worlc. ✓ Proper use of powered tools. ✓ Guarding of belts and pulleys, gears and sprockets, and conveyor nip points. ✓ Machine, machine parts, and prime movers guarding. ✓ Lock-out/tag-out procedures. ✓ Materials handling. ✓ Chainsaw and other power tool operation. ✓ Fall protection from elevated locations. ✓ Use of elevated platforms, including condors and scissor lifts. ✓ Driver safety. ✓ Slips, falls, and back injuries. ✓ Ergonomic hazards, including proper lifting techniques and working on ladders or in a stooped posture for prolonged periods at one time. ✓ Personal protective equipment. ✓ Respiratory Equipment. ✓ Hazardous chemical exposures. ✓ Hazard communication. ✓ Physical hazards, such as heat/cold stress,noise, and ionizing and non-ionizing radiation. ✓ Bloodborne pathogens and other biological hazards. 80 of 117 Element 8 RECORDKEEPING We have checiced one of the following categories as our recordkeeping policy. ✓ Category 1. Our establishment is on a designated high hazard industry list. We have taken the following steps to implement and maintain our TIP Program: 1. Recot•ds of hazard assessment inspections, including the person(s) or persons conducting the inspection, the unsafe conditions and work practices that have been identified and the action talcen to correct the identified unsafe conditions and work practices, are recorded on a hazard assessment and correction form; and 2. Documentation of safety and health training for each worker, including the worker's name or other identifier, training dates, type(s) of training, and training providers are recorded on a worker training and instruction form. We also include the records relating to worker training provided by a construction industry occupational safety and health program approved by Cal/OSHA. Inspection records and training documentation will be maintained according to the following checked schedule: ✓ For three years, except for training records of employees who have worked for less than one year which are provided to the worker upon termination of employment; or 81 of 117 Si�n-In-Sheet Safety Training conducted on: Date: Time: Covered topics: Company: Trainer: Page: of Employee Name (print) Emplovee Signature 82 of 117 � F�.F P l � g3 of 117 REQUEST FOR PROPOSALS CITY OF � DIAMOND BAR C A L I F Q R N I A The City of Diamond Bar is seeking proposals from qualified contractors to provide professional Landscape Maintenance Services for the community. Landsca e Maintenance p Services Lighting and Landscape Maintenance Districts 38, 39 and 41 Proposals Due: Thursday, February 13, 2020 at 5:OOpm City of Diamond Bar Public Works Department 21810 Copley Drive, Diamond Bar, CA 91765 (909) 839-7060 1 84 of 117 I. GENERAL INFORMATION The City of Diamond Bar is soliciting proposals from qualified firms to provide regular landscape services for the maintenance of Lighting and Landscape Maintenance Districts (LLMDs). Maintenance responsibilities will include maintenance of parks, medians, parkways, slopes and trails within the LLMDs. LLMD 38 contains medians, parkways and turf along major arterials. LLMD 39 contains 5 parks with approximately 7 developed acres, 14.67 acres of slopes, 38.73 acres of brush and approximately faur (4) miles of hiking trails. LLMD 41 contains approximately 18,000 sf. of turf, 12 acres of slopes and 3 I acres of brush. ! The purpose of this maintenance contract is to provide the City of Diamond Bar with the best landscape care to maintain the City at a level expected by the City's residents, City Council, City staff, and visitors of the community. The selected contractorwill work closely with the Maintenance Superintendent to ensure the most appropriate care and maintenance of the City's LLMDs. It is the intent of the City to award a contract, in a form approved by the City Attorney, to the selected firm (see Exhibit "C"). The City reserves the right to further negotiate the terms and conditions of the contract. The City shall retain the right to reject any proposal for noncompliance with contract requirements and provisions, or to not award a contract because of unforeseen circumstances or if it is determined to be in the best interest of the City. This contract will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost. This contract may not be awarded to the company submitting the proposal with the lowest costs. The City Council will approve as part of the annual budget an annual contract amount. The City does not guarantee a specific amount of work and the quantity of work may increase or decrease depending on the annual needs of the City. The proposed contract will be for a period of three (3) years commencing July 1, 2020, with the option, at the City's sole discretion, to award up to three (3) additional one-year extensions upon successful demonstration of exemplary contract perFormance. II. PROPOSAL SUBMISSION INSTRUCTIONS Schedule Post RFP: January 10, 2020 Mandatory Job walk: January 29, 2020 at 10:OOam Questions Due Date: February 6, 2020 Proposal Due Date: February 13, 2020 at 5:OOpm Tentative Award Date: June 2020 The Mandatory Job walk will be held at Citv Hall - 21810 Coplev Drive. Diamond Bar CA 91765 on January 29, 2020 10:OOam 2 85 of 117 All proposals must be submitted via the City's secure online bidding system (PlanetBids): Thursday, February 13, 2020 no later than 5:OOpm. III. INQUIRIES/QUESTIONS Contractors must carefully examine this RFP and any addenda that may be posted on the City's secure online bidding system (PlanetBids) prior to submission of their proposal. Contractors must seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing via the City's secure online bidding system prior to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all contractors via the City's secure online bidding system; no other contact shall be made by the City to contractors regarding addenda to the RFP. It shall be the contractor's sole responsibility to check the City's secure online bidding system (PlanetBids) to determine if any addenda have been posted prior to the proposal due date. All questions shall be submitted via the City's secure online bidding system (PlanetBids). RFP Contact: Anthony Jordan, Maintenance Superintendent Email: Ajordan(a�diamondbarca.qov Address: 21810 Copley Drive, Diamond Bar, CA. 91765 IV. SELECTION PROCESS Each proposal will be evaluated based on firm qualifications and the required submittals. Firm selection will be made by utilizing the criteria described in this document. Each firm will be evaluated on their qualification submissions. All firms will be notified as to the results of this evaluation. The evaluation criteria used in the selection process includes, but is not limited to, the following: A. Quality & Completeness of Proposal 1. Relevance & Conciseness of Proposal and Statement of Qualifications 2. Work Statement and Quality Control Plan B. Corporate Capability 1. Qualifications and experience of key personnel 2. Quantity and types of equipment 3. The ability of the firm to provide the proper insurance coverage 4. Financial ability of the firm to provide services to the City of Diamond Bar 5. Internal training program for employees. 6. Equipment 7. Greenwaste recycling capabilities 8. Requirement to execute City Contract per attached sample 3 86 of 117 C. Reference Evaluation 1. Customer Service Record 2. Performance record of the firm relating to the Project Schedule of similar scale 3. Quantity and Quality of work previously perFormed 4. References D. Facility Evaluation 1. The firm's customer service program 2. Equipment maintenance facility 3. The firm's plan to recycle generated greenwaste from maintenance activities. G. Fee Schedule 1. An evaluation of the firm's Fee Schedule ; V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL I� Award will be made to the firm who best meets the City's requirements. All firms submitting proposals must hold a valid State of California C-27 Contractor's License. Licenses must be in good standing without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. Proposals shall include a list of all key personnel that will be performing the work outlined in the contract. Personnel must be qualified and trained in the landscape maintenance industry. This will include the staffing of an on-site Superintendent who shall be fluent in the English fanguage. At all times during contracted landscape maintenance activities, the firm shall have work crews on site that are represented by an English speaking Superintendent who can receive and carry out instructions given by proper authorities. The firm shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or his representatives on the work. Proposals shall include a list of similar and separate Southern California municipal multi- year landscape maintenance contracts which have been successfully completed within the last five (5) years. Each project shall be of comparable size and scope of this project (descriptions of these projects and contact persons must be provided with proposal submission). Proposals shall include a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful contractor shall be required to comply with this quality control throughout the term of the contract. Contractors shall include with the proposal a copy of their current Safety Manual that meets SB 198 requirements for injury and illness prevention. 4 87 of 117 Vl. SUBMITTALS Firms wishing to have their proposals considered for this contract shall submit the following, as a minimum: A. Proposal form provided. See pages 7, 8 and 9. B. A statement of firm's qualifications applicable to this contract, including the following: 1. State of California Contractor's License number and expiration date, C-27. 2. Names, qualifications and proposed duties of key personnel to be assigned to this project. The firm shall identify a full-time English speaking Site Superintendent, who is capable of communicating with any City representative and be authorized to act on behalf of the firm. 3. List of staff qualifications including but not limited to: a, California State Licensed Pest Control Advisor employed by the firm. b. California State Licensed Pest Control Applicator employed by the firm. c. Irrigation Technicians. 4. Technical ability and experience similar in scope to this contract. 5. Statement of past project disqualification(s) and litigation. 6. Quality Control Plan. 7. Customer Service Program. 8. Safety Training Program. 9. Industrial Safety Record. 10. Letters of Reference. C. A description of previous experience, including projects of similar nature. D. A detailed description of the proposed services to be perFormed along with schedules, list of key personnel, and vehicles that would be required ta complete this project. E. Affirmative statement of compliance with indemnity and insurance. F. Affirmative statement of wiHingness to sign City Contract (See Exhibit"C"). G. A written description of the firm's plan to report greenwaste generated and the method for its disposal. H. The firm must submit a proposed Quality and Cost Control Plan to enhance the service and responsiveness to the City. It should include the following: 1. The methodology in which the firm will handle complaints from the public and damage to public & private property 2. Effective means to correct problems. 3. The means the firm will use for completing the project 5 88 of 117 I. Corporate and Financial Capability. The contractor shall be required to demonstrate to the satisfaction of the Cifiy that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any contractor who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications. VII. INSPECTiON OF SITE Prior to submitting a proposal, Contractors must familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such examination has been made by each Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed Agreement, or any revision thereof. The work to be done consists of furnishing all materials, equipment, transportation, tools, labor, and incidentals to provide Landscape Maintenance Services detailed in this contract as outlined throughout this proposal. This contract mav be broken up by loqical Bid Items and awarded to one or more contractors. Vlli. SCOPE OF WORK Con#ractor shall perform services as listed in EXHIBIT A Specifications for the Maintenance of Liqhtinq and Landscape Maintenance Districts 38, 39 and 47 6 89 of 117 PROPOSAL FORM LANDSCAPE MAINTENANCE SERVICES The undersigned as proposer declares that he has carefully examined each location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all labor and equipment and do all work required by Specifications and Agreement. Name of Company: Address: Phone/fax: Contact Person: Years in business: The undersigned proposer further understands that the City of Diamond Bar, California reserves the right to award alf or any part of this bid without any obligation to the City. The City also reserves the right to waive any informality in proposals. Name of Contractor gy. Date: Print Signature of Contractor Contract pricing for years one (1) thraugh three (3) must be firm fixed pricing. Pricing for subsequent contract renewals will be limited to the Consumer Price Index (CPI) for any such proposed price adjustment and shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, California, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (March-March comparison). The Contractor shall submit its request in writing, to be received by the City in person or via certified mail a minimum of 60 days prior to the proposed adjustment date. � 90 of 117 LLMDs and LLMD Parks Maintenance Services Bid Item 1 Park/Location Address Cost 1. Longview Park South- 1631 Longview Dr. LLMD 39 2. Longview Park North- 1071 Longview Dr. LLM D 39 3. Stardust Park- LLMD 1323 Stardust Dr. 39 4. Silvertip Park and Trail- 904 Longview Dr. LLMD 39 5. Summitridge Mini Park- 1309 Summitridge Dr. LLMD 39 6. All Trails- LLMD 39 Various TOTAL MONTHLY COST Bid Item 2 Location Address Monthly Cost LLAD 38 Various Bid Item 3 Location Address Monthly Cost LLAD 39- (All Other Various Locations Not Included in Bid Item 1). Bid Item 4 Location Address Monthly Cost LLAD 41 Various 8 91 of 117 Alternate Bid Item 5 Location Address Annual Cost LLAD 39- Fire Protection Various Areas Only Bid Item 6 Location Address Annual Cost LLAD 41- Fire Protection Various Areas Only 9 92 of 117 Specifications � 93 of 117 Exhibit A C I T Y 0 F _ DIAMOND BAR C A L I F 0 R N I A Specifications for the Maintenance of: Lighting and Landscape Maintenance District No. 38 Lighting and Landscape Maintenance District No. 39 Lighting and Landscape Maintenance District No. 41 City of Diamond Bar LLMD 38, 39 &41 Maintenance 94 of 117 SPECIFICATIONS FOR THE PROVISION OF LANDSCAPE AND APPURTENANT MAINTENANCE SERVICES FOR SPECIAL LANDSCAPE MAINTENANCE DISTRICTS 1. SCOPE OF THE WORK AND CONTRACT 1.01 The work to be done under these specifications shall include the furnishing of all labor, material and equipment necessary for the provision of landscape and appurtenant maintenance services as set forth in these specifications including the exhibits attached hereto within the boundaries of the Special Districts and as said boundaries may have been heretofore or may be hereafter altered. 1.02 The foregoing work shall be done in a thorough and workmanlike manner under the direction and to the satisfaction of the Maintenance Superintendent of the Public Works Department. The premises shall be maintained at the level of service provided for in these specifications at all times. 1.03 The Contractor shall have the exclusive duty, right and privilege to mow, edge, trim, overseed, reseed, fertilize, aerate, irrigate, hand water and bfeed valves as necessary during emergencies when automatic systems are not functioning, prune, trim, and renovate turF and shrub areas designated hereunder, as well as to provide weed control, disease control, tree maintenance within the District, maintenance of sprinkler systems including backflow prevention devices, repair of walkways, pumps and the necessary maintenance of any appurtenant structures and equipment. 1.04 In return for the exclusiveness of said Contract and the other considerations provided for herein, the Contractor agrees to provide the I landscape and appurtenant maintenance services within said District without any further compensation except as otherwise specifically provided for in the contract and/or specifications. 1.05 The Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage plant, groundcover or turf areas. 1.06 The Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a maintenance inspection weekly during daylight hours of all areas within the premises. Such inspection shall be both visual and operational. It, shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability, 1.08 The term Maintenance Superintendent as used in these specifications shall mean Maintenance Superintendent of the Public Works Department City of Diamond Bar L.L.M.D. SP 1 City-Wide Landscape Maintenance 95of1T7 or his authorized representative(s). 2. AREAS TO BE MAINTAINED 2.01 There are hiking trails, medians, parkway panels, cul-de-sac islands, village greens, adjacent roadway slopes, open space lots, linear greenbelts, passes, fire protection slope areas, gate entry areas, creek beds, semi-natural, and natural areas with turf, plants, trees, and ground cover which are irrigated by manual and/or an electrically controlled automatic systems. 2.02 Surface drains ("V ditches) in the natural areas of the District are included as an area to be maintained by the contractor under these specifications. 2.03 An identification of the areas to be maintained is provided in Exhibit A attached to these specifications. 2.04 The bidder, before submitting his bid, shall visit all existing areas to be maintained and inform himself fully as to all conditions that might affect the work specified. 2.05 Estimated square footage by district is provided for all areas to be maintained on the attached Exhibit A. However, it is the responsibility of the Contractor to verify by inspection and to observe the various slope characteristics. 3. CERTIFICATIONS/REPORTS 3.01 Certification Contractor shall complete the attached Landscape Maintenance certification form designated Exhibit B and shall submit same to Maintenance Superintendent concurrent with the monthly invoicing. The monthly payment to the Contractor will not be made until such report has been received by the Maintenance Superintendent. 3.02 In addition, when applicable, Contractor shall submit with the monthly invoice and Landscape Maintenance certification form, a report indicating, for those specialty type maintenance operations completed, the quantity and complete description of all commercial and organic fertilizer, grass seed and soil amendments used and a valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work perFormed. 3.03 Maintenance Function Report Contractor shall maintain and keep current a report form that records all on going, Seasonal, and Additional Work, maintenance functions performed on a daily basis, by Contractor's personnel. Said report shall be in a form and content acceptable to the Maintenance Superintendent and City of Diamond Bar L.L.M.D. SP 2 City-Wide Landscape Maintenance 96 of 117 shall be submitted to Maintenance Superintendent concurrent with the �' monthly invoicing. The monthly payment will not be made until such report is received by the Maintenance Superintendent. 4. ADDITIONAL WORK 4.01 The Maintenance Superintendent may at his discretion authorize the Contractor to perform additional work, in accordance with the provisions of the contract including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems as provided for in the contract authorizing the provision of those services. 4.02 Prior to perForming any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Maintenance Superintendent. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Maintenance Superintendent May verbally authorize the work to be perFormed upon receiving a verbal estimate from the Contractor. However, within twenty- four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Maintenance Superintendent for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 4.04 Contractor may also be requested to provide casual labor services for City Special Events, City emergencies or for other events and activities as approved by the Maintenance Superintendent. 5. CONTRACTOR'S LIABILITY 5.01 All damages incurred to existing improvements located within areas under maintenance which in the City's opinion are due to the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. City of Diamond Bar L.L.M.D. SP 3 City-Wide Landscape Maintenance 97 of 117 5.03 All repairs and/or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Maintenance Superintendent. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 of these Specifications. c. Chemicals -All damage resulting from chemical operation, either spray-drift or lateral-leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to ensure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise; the Maintenance Superintendent will interpret the Agreement. If the Contractor disagrees with the interpretation of the Maintenance Superintendent, he shall continue with the work in accordance with the Maintenance Superintendent's interpretation. Within thirty (30) days after receipt of the interpretation, he may file a written request for a hearing before a Disputes Review Panel as provided herein. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Maintenance Superintendent and will be composed of not less than three Non-City personnel having experience in the administration of Landscape maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Maintenance Superintendent, for his consideration, within one (1) week following the conclusion of the hearing. � The Maintenance Superintendent shall render an interpretation based upon his review of the Panel's recommendation. The Maintenance Superintendent's decision shall be final. 7. OFFICE OF INQUIRIES AND COMPLAINTS 7.01 The Contractor shall maintain an office at some fixed place and shall maintain a telephone there at, listed in the telephone directory in his own name or in the firm name by which he is most commonly known, and shall, at all times, have some responsible person (s), employed by the Contractor, to take the necessary action regarding all inquiries and City of Diamond Bar L.L.M.D. SP 4 City-Wide Landscape Maintenance 98 of 117 complaints that may be received from property owners and tenants within said District or from the Maintenance Superintendent. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of the complaint within one (1) hour of receipt of complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, the Contractor's ' Foreman or employee of the Contractor, who is responsible for providing maintenance services shall be available for notification through telephone ' communication. 7.02 Whenever immediate action is required to prevent impending injury, death or proper-ty damage to the facilities being maintained, City may, after reasonable attempt to notify the Contractor cause such action to be taken by the City work force and shall charge the cost thereof as determined by the Maintenance Superintendent, against the Contractor, or may deduct such cost from any amount due to Contractor from City. 7.03 The Contractor shall maintain a written log of all complaints, the date and time thereof and the action taken pursuant thereto or the reason for non- action. The log of complaints shall be open to the inspection of the Maintenance Superintendent at all reasonable times. 7.04 All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Superintendent. If any complaint is not abated within 24 hours, the Maintenance Superintendent shall be notified immediately of the reason for not abating the complaint followed by a written report to the Maintenance Superintendent within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Maintenance Superintendent, the Maintenance Superintendent may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. 8. SAFETY 8.01 Contractor agrees to perform all work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A., CAL. O.S.H.A. and NIOSHA Safety orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards at said areas City of Diamond Bar L.L.M.D. SP 5 City-Wide Landscape Maintenance 99 of 117 under maintenance and keep a log indicating date inspected and action taken. 8.02 It shall be the Contractors responsibility to inspect, and identify, any conditions that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon. The Maintenance Superintendent shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making minor corrections, including but not limited to, filling holes in turf areas and paving, replacing valve box covers, and securing play apparatus, if any, so as to protect members ofi the public or others from injury. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a complete written report thereof to the Maintenance Superintendent within five (5) days following the occurrence. 9. HOURS AND DAYS OF MAINTENANCE SERVICE 9.01 Hours of maintenance service shall be either 6:00 a.m. to 2:30 p.m. or 6:30 a.m. to 3:00 p.m. on those days' maintenance is to be provided for a Special District pursuant to the work schedule approved in advance by the Maintenance Superintendent. 9.02 Contractor shall provide on-site staffing at the prescribed hours five (5) days per week, Monday through Friday at the Special Districts indicated on the work schedules approved in advance by the Maintenance Superintendent. Contractor shall provide on-site staffing at the prescribed hours seven (7) days per week, Sunday through Saturday at all park sites. Any changes in the days and hours of operation heretofore prescribed shall be subject to prior written approval by the Maintenance Superintendent. 9.03 Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said Contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provision of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. City of Diamond Bar L.L.M.D. SP 6 City-Wide Landscape Maintenance 100 of 117 10. MAINTENANCE SCHEDULES 10.01 Contractor shall provide a work schedule for the Districts to be maintained which shall be submitted to the Maintenance Superintendent withir� ten (10) days after the effective date of this Agreement for his approval. 10.02 The Contractor shall submit revised schedules when actual perFormance differs substantially from planned perFormance. Said revisions shall be submitted to the Maintenance Superintendent within five (5) working days prior to scheduled time for the work. 10.03 The above provisions are nofi construed to eliminate the Contractor's responsibility in complying with the requirement to notify the Maintenance Superintendent for Specialty Type maintenance as set forth immediately hereinafter. 10.04 Contractor shall notify the Maintenance Superintendent, in writing, at least two (2) weeks prior to the date and time of all "Specialty Type" maintenance operations, "Specialty Type" operations are defined as: a. Fertilization b. TurF aerification c. Turt renovation/verticutting d. TurF reseeding e. Spraying of trees, shrubs or turf f. Pruning trees and shrubs g. Other items as determined by the Parks and Maintenance Superintendent Said "Specialty Type" maintenance services shall be performed in compliance with an approved specialized maintenance program prepared by Contractor. Failure to complete special services in accord with the schedules set forth in the specialized maintenance program will result in the Contractor becoming liable to the City for liquidated damages ($100 per day) without written notice commencing automatically upon the first day following the final date such work was to be completed. 11. CONTRACTOR'S STAFF � � 1�.01 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. All of the Contractor's �' maintenance personnel shall be supervised by a qualified, English ' speaking, Foreman in the employ of the Contractor. ' 11 .02 Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Maintenance Superintendent, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefore from the City of Diamond Bar L.L.M.D. SP 7 City-Wide Landscape Maintenance 101 of 117 I Maintenance Superintendent and such person shall not be employed at any other City District area of maintenance contracted for and maintained by, the Contractor. 11.03 Maintenance Superintendent may require the Contractor to establish an identification system for personnel assigned to an area of maintenance which clearly indicates to the public the name of the Contractor responsible for the landscape and appurtenant maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Maintenance Superintendent. 11.04 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regufations, and proper wearing of the clothing. Shirts, shall be worn at all times and buttoned. 12. SIGNS/IMPROVEMENTS 12.01 Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval therefore is obtained from the Maintenance Superintendent. 13. UTILITIES 13.01 The City shall pay for all utilities. However, water usage shall not exceed amount required to comply with irrigation schedules established by the Contractor and approved by the Maintenance Superintendent. Contractor shall pay for all excessive utility usage due to Contractor's failure to monitor irrigation system malfunctions or unauthorized increases in the frequency of irrigation. The excess cost will be determined by comparing current usage with historical usage for the same time period. The excess cost factor, to be deducted from payments to Contractor from City will be presented to the Contractor by the Maintenance Superintendent prior to actual deduction to allow for explanations. 14. NON-INTERFERENCE 14.01 Contractor shall not interFere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 15. STORAGE FACILITIES 15.01 City shall not provide any storage facilities for the Contractor. 16. TURF CARE City of Diamond Bar L.L.M.D. SP 8 City-Wide Landscape Maintenance 102 of 117 16.01 The Contractor shall perform at his sole expense the following services: a. Mowin - Turf to be mowed with an adequafely sharpened rotary or reel type mower, equipped with rollers, to ensure a smooth surFace appearance without scalping. All warm season grasses (Bermuda, St. Augustine, and Kikuyu) to be cut at a 1-inch height throughout the year. All cool season grasses (Blue Grass and Fescues) to be cut at 2 1/2 inches during April through November and at 2 inches during December to March of each year. The mowing heights will be adjusted by the Maintenance Superintendent during periods of renovation. All grass clippings will be collected and removed from the site on the same day the area is mowed. Notwithstanding the previous statements, use of a mulching type mower that deposits finely ground clippings in place is authorized and encouraged (large clumps of clippings must be removed). A mowing schedule will be established and maintained. This schedule will provide that all areas will be mowed not less than once a week during the warm season of April to November and once every two weeks during the cool season of December to March. This schedule will be submitted to the Maintenance Superintendent for approval. b. Edginq -With each cutting the edge of the grass along sidewalks, curbs, shrub and flower beds, and walls shall be trimmed to a neat and uniform line. Such edging shall be done with a power edger with a rigid blade. Where trees and shrubs occur in turF areas, all grass shall be removed 6 inches from the trunks of trees and away from the drip line of shrubs by use of power scythe, approved chemicals, or small mowers as required. Trim around all sprinkler heads as necessary in order to provide maximum water coverage. Edging will be done concurrent with each mowing. The edge of the turf shall be trimmed around value boxes, meter boxes, backflow devices or any structures located within the turF areas. All turf edges are to be maintained to prevent grass invasion into adjacent shrub, flower, and ground cover bed areas. All clippings shall be removed from site the same day area is edged. After mowing and edging is completed all adjacent walkways are to be swept clean by power blower. c. Weed Control - Control turF weeds as needed and in accordance with the specialized maintenance program. Hand removal of noxious weeds or grasses will be required as necessary. d. Insect/Disease Control - Eliminate all insect or disease affecting turf areas as they occur. e. Aeratinq - Aerate all turF areas four (4) times annually in accordance with the specialized maintenance program. Aerate all turF by using 1/2-inch tines removing 4-inch cores of sod with an City of Diamond Bar L.L.M.D. SP 9 City-Wide Landscape Maintenance 103 of 117 aerator machine at not more than 6-inch spacing once over. Maintenance Superintendent is to be notified at least two (2) weeks prior to the exact date of aerating. f. Thatch Removal - Renovate all warm season grasses to the soil line and verticut all cool season grasses once annually prior to the overseeding operation to be performed in the fall of each year. Equipment will consist of standard renovating or vertical mowing types. Maintenance Superintendent is to be notified at least two (2) weeks prior to the exact date of renovation. g. Irriqation - Irrigation, including hand-watering and bleeding of valves during an emergency situation, as required to maintain adequate growth rate and appearance and in accordance with a schedule most conducive to plant growth. Contractor to provide Maintenance Superintendent with monthly written irrigation schedule on form provided for this purpose. Maintenance Superintendent shall have the ability to change the irrigation schedule as the need develops. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows: (1) Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during winter weather to prevent icy conditions and manual operation of the irrigation system during periods of windy or inclement weather. During freezing, rainy and/or windy conditions, automatic irrigation will be discontinued. (2) In areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night (between the hours of 7:00 p.m. and 6:00 a.m.). (3) The Contractor shall be responsible for monitoring all systems within the jurisdiction of this specification and correct for: coverage, adjustment, clogging of lines, and removal of obstacles, including plant materials which obstruct the spray. (4) Check systems daily and adjust and/or repair any sprinkler heads causing excessive runoff, including slope areas, or which throw directly onto roadway paving or walks (where sprinkler heads can be adjusted) within the District. (5) All controllers shall be adjusted on a weekly basis considering the water requirements of each remote-control valve (sprinkler station). (6) Irrigation system will be controlled by Contractor in such a way as not to cause an excessively wet area which could City of Diamond Bar L.L.M.D. SP 10 City-Wide Landscape Maintenance 104 of 117 interFere with the Contractor's ability to mow all turF. (7) The Contractor shall observe and note any deficiencies occurring from the original design and review these findings with the Maintenance Superintendent, so necessary improvements can be considered. (8) Contractor shall repair or replace all leaking or defective valves immediately upon occurrence, or within twenty-four (24) hours following notification from the Maintenance Superintendent of such a deficiency. (9) A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones. (10) Contractor shall file a monthly statement with the Department of Public Works certifying that all irrigation systems are functioning properly and provide a monthly irrigation schedule for the succeeding month. (11) Contractor shall also be required to file a yearly certification with the Department of Health Services and/or Walnut Valley Water District that all backflow prevention devices on the irrigation systems are operating in accordance with the requirements established by the Los Angeles County Health Services Department and/or Walnut Valley Water District. It will be the responsibility of the Contractor to repair and replace when necessary, subject to the provisions of Section 21 hereunder, all backflow prevention devices at his sole expense. Said certification shall be completed within thirty (30) days upon notification from the Department of Health Services and/or Walnut Valley Water District that said certifications are due. h. Fertilization - Apply fertilizers so as to provide sufficient nitrogen and other basic nutrients on a regular basis to maintain the turf in a healthy condition, or as directed by the Maintenance Superintendent. Fertilizer will be applied as often as required to maintain deep green color at all times. The type of turF and time of year will determine the type of fertilizer used. The frequency of application will greatly depend on the amount of leaching caused by excess use of water. The type of fertilizer used and frequency applied shall be recorded. Coordinate all fertilizer applications with the Maintenance Superintendent. Contractor shall use only dry pelletized fertilizers unless otherwise approved by the Maintenance Superintendent. Applications shall be in accordance with the manufacturer's specifications. All applications shall be recorded and specifically identified on the contractor's maintenanc� schedule indicating the fertilizer used and frequency applied. City of Diamond Bar L.L.M.D. SP 11 City-Wide Landscape Maintenance 105 of 117 When applying fertilizer granules, every precaution shall be taken to contain material in the planting areas. Contractor will be responsible for removing all fertilizer stains from concrete caused by application. Turf Reseedinq - Contractor shall once each year in fall, at contractor's sole expense, overseed all turf after aerification and overseed all bare spots as needed throughout the remainder of the year to re-establish turf to an acceptable quality. When Contractor reseeds turf, he will aerify, renovate or verticut, seed and mulch (spread evenly over the entire area to a uniform depth of 1/4 inch) in this sequence. The Maintenance Superintendent may require the use of sod when deemed necessary. Contractor shall be entitled to additional compensation for the cost of the sod only provided loss of turf was not due to the negligence of the Contractor. Overseeding shall be sown at a rate of five (5) pounds per 1, 000 square feet and reseeding of bare areas shall be sown at a rate of eight (8) pounds per 1,000 square feet with a City approved grass seed. Coordinate seed type with City. In addition, on sports fields, hulled Bermuda grass seed (at least 48% pure seed) at a ratio of 2:1 of the approved seed shall be added. 17. SHRUB AND GROUNDCOVER CARE 17.01 The Contractor shall perform at his sole expense the following services: a. Pruninq - Prune shrubbery during the month of January through March to encourage healthy growth habits and for shape and appearance with the exception of roses which shall be pruned no later than January. All shrubs shall be free of dead wood, weak, diseased, insect infested and damaged limbs at all times. Remove all clippings the same day shrubbery is pruned. b. Trimminq - Restrict growth of shrubbery and ground covers to area behind curbs and walkways, and within planter beds by trimming, as necessary, or upon written notice by the Maintenance Superintendent. c. Renovation - Renovate ground covers according to prescribed practices in the industry as needed to maintain a healthy vigorous appearance and growth rate. d. Disease and Insect Control - Maintain free of disease and insects and treat when needed pursuant to section 20. e. Weed Control - All ground cover and shrub beds are to be kept weed free at all times. Methods for control can incorporate one or all three of the following (1) Hand removal. (2) Cultivation. (3) Chemical eradication. f. Fertilization - Apply fertilizer at least two (2) times per year (during City of Diamond Bar L.L.M.D. SP 12 City-Wide Landscape Maintenance 106 of 117 the months of March and April, and September and October) to provide a healthy color in all plants with foliar feedings if applicable. I Contractor will cultivate around plants where needed. Fertilizer � should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Maintenance Superintendent with a fertilization schedule, with two (2) weeks notification prior to the proposed fertilization. g. Irriqation - Irrigate including hand watering and bleeding of valves in emergency situations where automatic systems are not functioning as required to maintain adequate growth rate and appearance. Section 16, Paragraph g, concerning irrigation practices shall apply to shrubs and ground covers. h. Shrub and Ground Cover Replacement - All damaged, diseased (untreatable) or dead shrubs and ground covers will be replaced with the exact same material that existed and of similar size as required by the Maintenance Superintendent unless otherwise notified by the Maintenance Superintendent in writing. Substitutions for any plant materials must have prior approval in writing by the Maintenance Superintendent. Original plans and specifications should be consulted to determine correct identification of species. All shrubs shall be guaranteed to live and remain in healthy condition for no less than six (6) months from the date of acceptance of the job by the Maintenance Superintendent. 18. TREE CARE 18.01 The Contractor at his sole expense shall perform the following services: a. Tree Maintenance - (1) Contractor shall be responsible for the pruning, shaping and removal of trees under 15' in height. The Contractor shall inform the Maintenance Superintendents office of any damaged or diseased trees or any trees that pose a threat to adjacent concrete, walls or property. (2) All trees shall be maintained free of all dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb or trunk to promote proper healing. All sucker growth is to be removed from trees as it occurs. (3) Maintain seven (7) foot clearance for branches overhanging walks and fourteen (14) foot clearance for branches overhanging beyond curb line into the paved section of streets where applicable. (4) Control insects and diseases as needed pursuant to the provisions of Section 19. (5) Stake and support all replacement trees and replace stakes which have been broken or damaged on existing trees as required. (a) Tree stakes shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten (10) feet for fifteen City of Diamond Bar L.L.M.D. SP 13 City-Wide Landscape Maintenance 107 of 117 (15) gallon trees sizes (two (2) per tree). (b) Guy wires where required and plant ties w�ll be of pliable, zinc-coated ten (10) gauge wire two (2) ties per tree. (c) Tree ties shall be "Cinch Tie" tree supports or approved equivalent. (d) Stakes will not be placed closer than eight (8) inches from trunk of the tree. (e) Stakes and ties will be placed so no chafing of bark occurs and shall be checked frequently and retied to prevent girdling. b. Fertilization - Apply fertilizer within drip line at least once per year (during the months of March - April) to provide a healthy color in all plants. Fertilizer should be a balanced inorganic 10-6-4 ratio with trace elements. The Contractor shall provide the Maintenance Superintendent with two (2) weeks notification prior to the fertilizer application. c. Irriqation — Irrigation will be programmed in conjunction with automatic controllers or manual control valves servicing turf or ground cover and shrub areas in accordance with the requirements of Section 16, Paragraph G. d. Permits — If a permit is required for tree pruning, City Department of Public Works will obtain permit prior to commencement of work by Contractor. e. Tree Replacement - All trees permanently damaged by any means will be replaced with the identical species of tree existing previously, unless otherwise notified in writing by the Maintenance Superintendent. The need for and the size of replacement will be determined by the Maintenance Superintendent at the monthly maintenance inspection meeting or upon written notification. Size of the replacement shall be of a like size not to exceed a 36-inch box specimen container size. Substitutions will require prior written approval by the Maintenance Superintendent. Original plans and specifications should be consulted to insure correct identification of species. f. Olive Tree Spravinq - Ornamental olive trees shall be sprayed to prevent fruit set by use of Maintain. Two applications shall be required 7-10 days apart. The first application shall be applied when 1/2 to 3/4 of the olive blooms are open (sometime between April 1 and May 10). Both spray applications shall be put on using a power sprayer with a minimum of 150 p.s.i. pressure. 19. USE OF CHEMICALS (PESTICIDES) AND DISEASE AND PEST CONTROL 19.01 The Contractor shall perform at his sole expense the following services: a. Disease, insect and pest control tasks described previously in turF, shrub/ground cover and tree care specifications. b. Control of weeds, insects and pests in the District areas, City of Diamond Bar L.L.M.D. SP 14 City-Wide Landscape Maintenance 108 of 117 landscaped or natural, that may have an irnmediate adverse effect on adjacent private property. 19.02 Chemical use shall be controlled by the contractor per the following: a. Chemical Application -All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. Permits- All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner Office and a permit obtained with a copy to the City Department of Public Works prior to use. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the Maintenance Superintendent on a timely basis. c. Compliance with Requlations -All regulations and safety precautions listed in the `Pesticide Information and Safety Manual published by the University of California will be adhered to. d. Pest Control — Control of ground squirrels, gophers, and other burrowing rodents by trapping and/or eradication will be provided by the Contractor at his sole expense. Whenever holes are visible upon the siarface, these holes shall be filled and securely tamped by contractor to avoid moisture runoff entering the holes. This procedure shall be followed in all areas especially within all slope areas. 20. GENERAL CLEAN-UP 20.01 The Contractor shall perform at his sole expense the following services: a. Trash Removal - Remove all trash and accumulated debris from site. b. Policinq of Areas - All areas under maintenance and other designated areas will have above identified trash removed daily, seven days per week throughout the year. c. Concrete/Asphalt Median Strip Maintenance - Contractor is responsible for weed and grass removal within concrete/asphalt median strip areas, if any, at all times. d. Curb and Gutter Maintenance - Contractor is responsible for removal of weeds and grass from curb and gutter expansion joints at all times. e. Walkwav Maintenance - Walkways, if any, will be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment not less than once per week. This includes removal of all foreign objects from surFaces such as gum, dog feces, grease, paint, graffiti,,etc. All walkway cracks and expansion joints shall be maintained weed and grass free at all times. f. Drain Maintenance -All drains, "V' ditches and catch basins shall City of Diamond Bar L.L.M.D. SP 15 City-Wide Landscape Maintenance 109 of 117 be free of siltation and debris at all times. g. Removal of Leaves - Accumulations of leaves shall be removed from all areas not less than once per week. h. Trash Containers in Mini-Parks -All trash containers in mini-parks shall be emptied daily, seven days per week, throughout the year, and removed from the site. 21. IRRIGATION SYSTEM MAINTENANCE OR REPAIR 21.01 All irrigation systems within the District areas designated in �his specification will be repaired and maintained as required for operation, by the Contractor at his sole expense in the following manner: a. Scope of Responsibilitv - The Contractor shall maintain (repair or replace as needed) and keep operable all irrigation equipment consisting of sprinkler heads, valves, lines, quick couplers, risers, automatic controllers, batteries, and backflow prevention devices. This paragraph does not require the Contractor to make a complete piping replacement of the system. b. Replacement Requirements - Replacements will be of original materials or substitutes approved by the Maintenance Superintendent in writing prior to any installation. c. Extent of Responsibilitv - The Contractor will be responsible for immediate maintenance (repair or replacement) of all irrigation systems. Contractor will be responsible at all times for hand watering and the bleeding of valves in emergency situations as required to sustain and prevent loss of turf trees, plants, and ground covers when automatic systems are not functioning. The replacement Section 21 requirements to be provided by the Contractor shall be the normal deterioration, wear and tear, or negligence upon the part of the Contractor. The replacement required by Section 21 caused by extraordinary incidents of vandalism, acts of God, and third-party negligence will be accomplished by the Contractor pursuant to the provisions of Section 23 of this Specification. d. Ordinances —All materials and workmanship will be in accordance with applicable City or County Plumbing Ordinances. Where the provisions of the specifications exceed such requirements, the specifications shall govern. 22. MAINTENANCE AND REPAIR OF WALKWAYS & SERVICE ROADS, DRAINAGE SYSTEMS, CONCRETE BLOCKWALLS & M�SCELLANEOUS IMPROVEMENTS 22.01 Walkways and Service Roads -All walkways and service roads, if any, shall be maintained by the Contractor so as to keep the integrity of the walking or driving surFace in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation for maintaining walkways and service roads in the following manner: City of Diamond Bar L.L.M.D. SP 16 City-Wide Landscape Maintenance 110 of 117 a. Broken corners will be removed and repaired as required. b. Broken curbs or headers adjacent to or part of roadways or walkways will be repaired or replaced. c. Contractor will not be responsible for total replacement of roadways or walkways as a result of normal deterioration, but will be required to replace all improvements damaged by fiis negligence. 22.02 Drainaqe Systems - The following services shall be provided by the contractor at his expense except as otherwise provided for: a. All surface drains ("V"ditches), if any, shall be kept clear of debris so that water will have an unimpeded passage to its outlet. Contractor will repair or replace concrete portions as necessary for which the Contractor will receive additional compensation. b. All sub-surface drains (except storm drains), if any, shall be periodically flushed with water to avoid build-up of silt and debris. All inlets to subsurFace drains shall be kept clear of leaves, paper and other debris to ensure unimpeded passage of water. Contractor shall replace all broken or stolen sections of pipe, catch basin boxes and grates, for which additional compensation shall be authorized. 22.03 Miscellaneous Improvements - It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips and any other structural improvements within the District unless otherwise specified. Contractor shall be entitled to additional compensation for these services. 22.04 Walks and Trails Operation- To be done at Contractors sole expense. Contractor shall keep non-concrete walks and trails free of hazards and litter, and shall maintain the prescribed access routes by performing the hereinafter specified operations and all other work incidental thereto. 22.05 Wood chips, crushed rock, decomposed granite and other types of walkways and trails shall be kept clear for pedestrian and/or vehicular traffic. All weeds and plant materials shall be cut back to maintain clear access through such areas. 22.06 Any restrictive posts or barriers shall be maintained in an operable state. 22.07 Clear for litter and debris. 22.08 Repair/backfill ruts and erosion areas. WALKS AND TRAILS— Frequency 22.09 Areas kept clear for access: once per month. 22.10 Posts and barriers: as needed. 22.11 Litter and debris: once per week. 22.12 Repair/backfill ruts: as needed. 23. MAINTENANCE, REPAIRS AND REPLACEMENTS DUE TO EXTRAORDINARY INCIDENTS City of Diamond Bar L.L.M.D. SP 17 City-Wide Landscape Maintenance 111 of 117 23.01 Contractor shall be responsible for performing maintenance, repairs and replacements, when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and Third-party negligence in accordance with the provisions of this Section. The Contractor shall replace as the result of any of the extraordinary incidents described in this Section (1) damaged, diseased (untreatable) ordead shrubs, ground cover and trees in accordance with Sections 17 and 18 and (2) inoperable irrigation equipment described in Section 21. The Contractor shall submit a written estimate of the cost for performing such work. The Maintenance Superintendent may, upon review and approval of such estimate, authorize the Contractor to perForm said work by the issuance of a written Work Order. After submittal of the bill, the Contractor shall be reimbursed only for the agreed upon cost estimate. In the event the Contractor's written estimate is not approved, then the Maintenance Superintendent reserves the right to contract with a third party to perform such work. 24. MAINTENANCE INSPECTIONS 24.01 The Contractor shall: a. Weekly perform a maintenance inspection during daylight hours of all facilities within the District. Such inspection shall be both visual and operational. The operational inspection shall include operation of all sprinkler, lighting and other technical systems to check for proper operational condition and reliability. b. Monthly meet on site with an authorized representative of the Maintenance Superintendent for a walk-through inspection. Said meeting shall be at the convenience of the Maintenance Superintendent. In addition, weekly interim inspections may be made by the Maintenance Superintendent. Any corrective work required as a result of a monthly inspection or any interim inspection by the Maintenance Superintendent shall be accomplished to the satisfaction of the Maintenance Superintendent within three (3) days of the notification of deficiencies, except in the case of a leaking valve which must be repaired within 24 hours following notification. 25. PLAYGROUND EQUIPMENT MAINTENANCE 25.01 All playground sites and equipment shall be inspected at the start of each work day and sand/wood chips cleaned and raked level to remove any foreign and hazardous material and neatly groomed. 25.02 Special attention shall be made to low sand/wood chip areas, around play equipment. These sand/wood chip areas shall be leveled by distributing sand/wood chips from high areas to low areas. 25.03 All sand/wood chip play areas shall be maintained free of litter, cans, pop tops, broken glass and other debris. City of Diamond Bar L.L.M.D. SP 18 City-Wide Landscape Maintenance 112 of 117 25.04 All playground sites and equipment shall be checked daily, seven days per week, throughout the year and Contractor shall clean and remove litter from sand/wood chip areas daily, seven days per week, throughout the year. Any unsafe condition of play equipment shall be corrected and/or reported pursuant to Section 8 of these specifications. 25.05 By the 10th of each month, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling, all areas shall be raked level. Wood chips shall not be roto-tilled. 26. FIRE PROTECTION SLOPE AREAS MAINTENANCE 26.01 These slope areas are hillside areas and are designed to meet Los Angeles County Ordinances for fire retardation. These areas generally occur in sloping terrain with gradients ranging 10 percent to 100 percent. Slopes are either manufactured or natural. The natural slopes have been brushed to remove certain plant materials. Manufactured slopes have been hydromulched in accordance with applicable County ordinances. Use of these areas by the residents should be minimal. 26.02 The maintenance of the natural slopes requires that the weeds and native brush be clipped to a height of 2 to 4 inches for a distance of at least 100 feet from a dwelling or structure. Also, dead wood from woody plants shall be trimmed when the area is brushed. Apply water within the cleared zone only as needed during fire season to maintain sufficient moisture content for sustenance of the plants and to inhibit combustion. Remove all debris from this operation off the District property. Weeding shall commence immediately following the rainy season once the growth of weeds has reached a maximum of 12 inches in height or when the County Fire Marshall has determined that a fire hazard condition exists. The required weeding shall be completed as soon as possible following its commencement and shall be completed throughout a District within a maximum period of thirty (30) days. Contractor shall be responsible for maintaining the brushed slope areas throughout the year in accordance with the above-identified height of weeds, dead wood removal and distance from dwellings or structures requirements. This may require that certain areas will need additional brushing as directed by the County Fire Marshall. Also, Contractor shall fertilize twice a year shrubs in these areas with inorganic 10-6-4 and remove weeds to a distance of 30 feet measured from any sidewalk adjacent to a fire protection slope area. 26.03 Where reference is made to weeding, brushing or clearing within 100 feet of a structure, it is intended that the space between the structure and the private property line is the responsibility of the owner of the property. As an example, assume a private residential lot has a depth of 100 feet, the rear or side of which abuts a fire protection slope. Assume that the structure is set back 20 feet from the property line abutting this slope. The Contractor�s responsibility is within the portion or balance of the 100 feet City of Diamond Bar L.L.M.D. SP 19 City-Wide Landscape Maintenance 113 of 117 outside of the private property boundary, or, in this case, 80 feet. Consult with the Maintenance Superintendent for any questions regarding these areas. 26.04 The maintenance of the manufactured slopes requires that the planted slopes be kept weed free at all times. Contractor shall program the irrigation system to deliver sufficient moisture within the root zone of trees and shrubs to sustain growth. Contractor shall be responsible for any damage to slope areas caused by excessive watering practices. Plants and trees shall be fertilized in accordance with the requirements of Sections 17 and 18 of these Specifications. 27. NATURAL AREAS MAINTENANCE 27.01 Natural areas are open space areas that have minimal usage due to the sloping character of the land and the rugged landscape materials that are native to the land. Contractor will provide periodic maintenance consisting of debris removal only as directed by the Maintenance Superintendent. 27.02 Surface drains ("V' ditches) located in natural areas shall be maintained by the Contractor per 22.02.a at the Contractor's sole expense. 28. TERM OF AGREEMENT 28.01 This Agreement shall take effect and commence upon its execution by the City Council and unless executed on the first day of a calendar month, shall continue for the rest of the partial calendar month in wMich executed and for a period of twelve (12) to thirty-six (36) full calendar months thereafter. 28.02 The City Council shall have the option to extend this Agreement up to three (3) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 29. CONTRACTOR'S COMPENSATION 29.01 Should this Agreement commence on other than the first day of a calendar month, the Contractor's compensation for that partial calendar month shall be prorated at the rate of 1/30 of the full monthly rate per day, to, and including, the last day of the partial calendar month. 29.02 In the event the City Council exercises its option to extend the term of this Agreement for one or more of the additional five (5) one year periods as provided for in paragraph 28.02, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City City of Diamond Bar L.L.M.D. SP 20 City-Wide Landscape Maintenance 114 of 117 and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensations as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Maintenance Superintendent's office shall, as its discretion, substitute for the Index such other similar index as it may deem appropriate. 30. Diversion of Orqanic materials from landfills 30.01 Contractor shall divert all organic material (i.e. grass clippings, tree trimmings) from being disposed with regular refuse. Contractor shall, to the extent feasible, utilize acceptable techniques (i.e. grass recycling, composting) as approved by the Maintenance Superintendent, in the diversion of all organic materials from landfills. 30.02 Diversion shall be completed on an on-going basis. 31. Monetary Penalties for Contract Specification Deficiencies and Sub- Standard Work 31.01 Violation of the following provisions will result in the listed monetary penalty. Contract specification deficiencies and sub-standard work must be documented on the Performance Deficiency form and the form must be approved by the Supervisor and Maintenance Superintendent. 1. Contractor's employees shall wear proper working attire, including uniforms, proper shoes and other safety gear. (Section 11.04) Failure to comply shall result in a deduction of$100 per occurrence per day. 2. Complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Maintenance Superintendent. (Section 7.04) Failure to comply shall result in a deduction of$100 per occurrence per d ay. 3. Contractor shall respond to emergencies within two (2) hours of notification. (Section 1.06) Emergencies include, but are not limited to, broken water mains, stuck valves, threat to private property due to contractor's operations, natural City of Diamond Bar L.L.M.D. SP 21 City-Wide Landscape Maintenance 115 of 117 disasters, etc. Failure to respond shall result in a deduction of$250 per occurrence. 4. Contractor shall supply the City with name(s) and phone number(s) of twenty- four (24) hours-per-day, seven (7) days-per-week contact for emergencies. (Section 7.01) Failure to maintain current information shall result in a $200 penalty for each occurrence. 5. Contractor contact shall be available by telephone during regular work hours. (Section 7.01) Failure to respond back to City representative within 30 minutes of call shall result in $250 penalty per occurrence. 6. Contractor shall provide a daily schedule (seven (7) day per week schedule) of manpower assigned to work in Diamond Bar. This schedule shall serve as the minimum manpower requirement to adequately service this contract. Failure to maintain the minimum level of manpower shall result in the immediate deficiency deduction of$100 per person per day. 7. Payments Withheld/Penalties: A. If the City determines that there are deficiencies in the performance of this contract, the Contractor shall be notified both verbally and in writing each time service requirements are unsatisfactory and corrective action is necessary. Upon notification of service failure, the Contractor shall complete corrective action within the time frame as noted in the contract. Should the Contractor fail to correct any deficiencies within the stated time frame, the City may exercise the following measures: i. Deduct from the Contractor's payment the amount necessary to correct the deficiency. ii. Withhold the entire or partial payment. iii. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor's payment the total cost, including City overhead. iv. Deduct liquidated damages from Contractor's monthly invoice. B. Failure by the Contractor to provide reports, schedules and other deliverables as called for in this specification (and itemized below) will result in a penalty of$100 for each occurrence being withheld from the Contractor's current monthly invoice payment. i. "Weekly" written work schedules including tree well maintenance ii. Written pesticide recommendations iii. "Every three (3) weeks" irrigation tracking sheets for each controller City of Diamond Bar L.L.M.D. SP 22 City-Wide Landscape Maintenance 116 of 117 iv. "Monthly" turf.fertilization schedule (if applicable) v. "Manthly" rodent control reports (site specific) vi. "Monthly" chemical application report (site specific) C. Failure by the Contractor to provide certain maintenance functions/deliverables within the timelines called for in this specification (and itemized below) will result in a penalty of$200 for each occurrence (at each site) being withheld from the Contractor's current monthly invoice payment. i. Failure by the Contractor to take immediate corrective action to landscape that is stressed due to lack of water, insect infestation, rodents, etc. ii. Failure to perForm as indicated on the work schedule. iii. Responding to emergencies within two (2) hours during non-working hours. iv. Failure to conform to the W.A.T.C.H. Traffic Control handbook. v. Removing litter/debris from site the same day it is generated. vi. Blowing or sweeping debris onto private property, public streets, parking lots or into stormdrains. vii. Tree pruning or tree care within five (5) days. viii. Failure to alleviate visibility obstructions within two (2) working days. ix. Ground cover replacement within five (5) days. x. Irrigation repair within twenty-four (24) hours. xi. Irrigating during rainy weather when it is obvious that additional soil moisture is not needed. (Per controller). xii. Objectionable weeds and subsequent days beyond three (3). xiii. Failure to pick up litter daily. xiv.Turf mowing and edging weekly. City of Diamond Bar L.L.M.D. SP 23 City-Wide Landscape Maintenance 117 of 117