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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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*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.
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Exh i b it A
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�ost �ile
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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.
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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
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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
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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
,__ __ �.._ _
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Submitted By: MCE Corporation
6805B Sierra Court '�
Dublin, California 94568
Due: Thursday, February 13, 2020
By 5:00 PM via Planet Bids
Original
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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
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Steve Loweree
Sr Vice President
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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
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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
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9. We have included our Cal/OSHA 2016 summary of work related injuries and illnesses.
29 of 117
��i�R�California° Workers' Compensation Experience Rating Form
Obj eclive.Tm sted.l nleg ral.
BARRETT BUSINESS SERVICES, INC. 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
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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
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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
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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
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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 -
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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
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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.
�
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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.
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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?
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• 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?
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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?
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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?
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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?
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• 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
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• 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?
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• 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?
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• 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?
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• 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?
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• 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?
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• 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?
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• 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?
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• 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?
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• 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?
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• 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?
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• 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?
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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?
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• 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?
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• 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?
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• 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?
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• 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?
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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
�
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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
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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
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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:
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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.
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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.
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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
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Si�n-In-Sheet
Safety Training conducted on: Date: Time:
Covered topics:
Company: Trainer: Page: of
Employee Name (print) Emplovee Signature
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�
F�.F P
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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Specifications
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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(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,
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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
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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:
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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
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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.
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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
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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
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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
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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
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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.
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