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11-1101_TYGOR CONSTRUCTION, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tygor Construction, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide concrete, sidewalk, and curb and gutter maintenance and repairs; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on January 1, 2012. This Agreement shall be for a (3) three-year period of time with the option of three (3) on extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for concrete maintenance, payable at the rates as set forth in Exhibit "B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at hftp://www.uscis.gov, or access the registration page at https:He-verify.uscis.gov/enroll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Not Applicable. Section 12. Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by W Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This Fold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers. in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form .or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 51 14.4 Proof of Insurance Requirements/Endorsement. Priorto beginning anywork under this Agreement, Contractor shall submitthe insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' wriften notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' "advance written notice of termination to Contractor. In addition, this Agreement. may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Tygor Construction 23011 Moulton Parkway #J-3 Laguna Hills, CA 92553 Section 17. Prevailing Wages, The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR`s compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. (SIGNATURE PAGE FOLLOWS] N IN WITNESS WHEREOF, the parties hereto have executed this Agreement. F.11 Mari�-McArisC City Clerk APPROVED AS TO FORM: �Uaaj am 6A Omar Sandoval, City Attor y CITE 'QF SAN JUAN CAPISTRANO rust, City Manager CONTRACTOR _F a By: F Z 6. 7 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, remove, and repair concrete, sidewalk, and curb. and gutter services and repairs in those areas designated by the Public Works Director or authorized representative and to leave the grounds. in a neat condition. The scope of the .concrete, sidewalk, and curb and gutter services and repair work may vary according to need. This contract covers concrete, sidewalk, and curb and gutter services and repairs. Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works. Director or authorized representative. Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be, determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make. void the contract. Upon written order of a Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased. or altered. Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing Form Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORK All work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. The Contractor shall construct concrete improvements per the City of San Juan Capistrano Standard Plans as shown on Attachment 5. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held. liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or authorized representative. The Contractor shall monitor freshly placed concrete improvements for the length of time necessary to prevent defacing of the concrete by graffiti, feet, handprints, or other. The Contractor shall be responsible for repairs or replacement of new improvements which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings that are removed in the course of the work. The markings shall be replaced in-kind at the cost of the contractor. 2 Sidewalk Grindinq This work shall consist of grinding cement concrete sidewalks, curb, gutters, and spandrels as directed by the Public Works Director or authorized representative. Grinding of sidewalks, curb, gutters, and spandrels shall be performed to eliminate trip hazards, or to remove raised areas impeding the flow of water, at locations which have a maximum vertical displacement of up to 1 %". Locations which have vertical displacements in excess of 1 '/" shall be noted and no grinding will be permitted. Location will be noted on a report to the Public Works Director or authorized representative for consideration of replacement. Grinding shall be performed with abrasive grinding equipment utilizing carbide butting blades and shall be performed so that the. sidewalk surface on both sides of the transverse joint or crack has essentially the same texture and does not vary from a true plane enough to permit a 0.3 cm shim 10 cm wide to pass under a straightedge laid on the finished surface parallel with the centerline. Transverse slope of finished surface shall also be uniform. Length of the grind shall vary from a minimum of 4" for a'/" differential to a minimum of 12" for 1 V differential, or as directed by the Public Works Director or authorized representative. Width of the grind shall extend the entire width of the sidewalk. Residue from grinding operations shall be picked up by means of a vacuum attachment to the grinding machine and shall not be allowed to flow across the sidewalk nor be left on the surface or surrounding landscape of the sidewalk. Residue shall be properly disposed of by the Contractor away from the construction site and in accordance with applicable laws and regulations. A location is defined as one sidewalk joint a maximum of b' wide. Typical locations will be 4'-6' wide. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while perforating work at the City. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed 3 of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. During construction the Contractor shall the requirements of the City of San Elimination System Program (NPDES)., Protection of Existing Utilities I provide street sweeping as necessary to meet Juan Capistrano National Pollution Discharge The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through USA (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra Work Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances; accidents, or improvements. 3. Payment for extra work will be. based on actual cost of labor; plus wholesale cost of materials, plus a markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. 4 Flow and Acceptance of Water Surface or other waters may be encountered at various times, The Contractor, by submitting a proposal, acknowledges that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Property_ The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing. private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously. determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week. GENERAL PROVISIONS REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5.30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced ,employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sub -contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by.the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List of Sub- Contractors/Vendors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. l) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. m) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or. material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he/she neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in .this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing. and deportment toward the public. Should for any reason an the opinion of the Public Works Director or authorized when notified in writing, shall cause that employee to replaced by a satisfactory laborer. 2 employee be unsatisfactory in representative, the Contractor, be removed from the job and (b) ' Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with concrete forming, laying, finishing and rolling, grading; operating a variety of hand and power tools for purposes of maintaining public facilities and operating ; equipment. (d) Experience Supervisors/foremen shall. have a minimum of five (5) years of experience in the concrete construction field. (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (q Knowledge and Abilities The Contractor's representative shall have a general knowledge of the concrete construction industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner 1X0_IIJfTiI The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles. Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. I (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written. authorization from the Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall. provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the. Contractor who can take the necessary action required to alleviate an emergency condition which.threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. 4 Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call -out by the Contractor shall not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. � On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's'employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. ..0 0 CONCRETE SIDEWALK AND CURB AND GUTTER MAINTENANCE AND REPAIR SERVICES From: To the Honorable City Council City of San Juan Capistrano, Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: Concrete Flat Work S.F. Remove and Replace Concrete (4" Thick) less Than 100 S.F. 25 c-0 Remove and Replace Concrete (4" Thick) .101-250 S.F. Remove and Replace Concrete (4" Thick) 251 S.F. - 400 S.F. lo. Remove and Replace Concrete (4" Thick) over 400 S.F. Concrete Work Curb & Gutter L.F. Remove 6" Curb and 18" Gutter — (� .o Remove 8" Curb and 24" Gutter ( cD Construct Type A Curb b Construct Type B Curb Construct 5" Curb and 18" Gutter Construct 8" Curb and 24" Gutter , 0 Grinding L.F. Asphalt Grinding >2ft. Wide Cy. '� Asphalt Grinding (<2ft. Wide) _ Concrete Grinding (>2ft. Wide) Concrete Grinding (<2ft. Wide) . Emergency Work -Hourly Rate $/per hour ' Unit Price Per Flour For the First Two Hours Unit Price Per Dour For Each Four Thereafter � 2 DW 2 Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work on November 1, 2011. (if an individual, so state. If a firm or co -partnership; state the firm name and give the names of all individual co --partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) .. m 11?rCS,CJff4 Dated:Dw Name di Dated: ;� IA.1-14no Business Address Z/ Dated:12 - t ci -1,10 3 &5 Telephone Number Contractor's License # Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work c; ed -out herein, Dated: - 1 ®� Name � 4 Dated. a 2 r f Business Address Dated: _P i �� ` � 1 ~�0 Telephone Number Contractor's License # CA STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. PROPOSER'S NAME 2. I BUSINESS ADDRESS 3. T acy, COMPANY NAME —i Lu u i i. nn I ks BUSINESS TELEPHONE NUMBER o�- ao cc rn BUSINESS E-MAIL ADDRESS 1. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. PERIOD OF CONTACT NAME CONTRACT PUBLIC AND PHONE LFROMIT.O.. AGENCYICOMPANY :NUMBER .— 1 CONTRACT AMOUNT )uO6 2DI Rts�'Idd ---` 1(4 - P 14 -- -734-7 - madhPrCC--e0+ IS�� dtA OD C14q- 2 IN 14 U 1 c)4 'W 941 471L)..-54QQ Signature Cotboany 4 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Propose Business Address Ci 4" -7- 3 6 Business Telephone Number List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. signature r Co y Tygor Construction Equipment List Ford F-350 Crew Truck 2005 Ford F-350 Crew Truck 2004 Ford L-9000 Dump Truck 1936 John Deere Skid Meer 2010 130 Air Compessor ingersall. Rand,252880 72" Bucket Smooth Mikita Jump .Tack Compessor WP1550 Vibra Plate Wacker, 5123744 WP1550 Vibra Plate, Wacker, 51.23746 Skiploader Concrete PIanner CPM89H,13549 Berm Machine MC650,J12531 LeeBoy Paver 8500, 2670 Hamm HD 12 Roller, LIST OF SUBCONTRACTORS/VENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. I. 2. Proposer's Name CompA'n. Name 113CA �1,kwL, Business Address 3. 3A 05 Business Telephone Number e Address Phone Type of Work P P 6 alf) 6w 4, 4w E, G SA W Tk As )cf I ; XH) SA I cofwa OA - q2f -ff4-S(,,1)-cV4-2 W'kP�n9 1E o\,Mei,kc�j�& �1 ice- PLJP�ff-'2-12x-1 Cb-LA'Ya Ll 5it) 6 OA, q2-j9q 9(fi-q4-w- c nt(e�e CpAvir% , P a 00 -Non' h(Te,4Nvd, 'kwfA, knsi r I, pc� CoMpny 11 CERTIFICATION OF COMPLIANCE STATE OF CALIFORNIA PREVAILING WAGE LAW REQUIREMENTS The CITY has been advised that the Prevailing Mages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. 1,,i , understand that I shall be responsible for compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the Keeping of records required by the provisions of Labor Code Section 1776 and with implementation of administrative regulations. Date Name and itle� •'g et'y �;' r � A: C ny Name 5 Q, i` Contractor's License # 1111/2611 AGENDA REPORT D7 TO: Karen P. Brust, Cityfin r FROM; Nasser Abbaszadeh, Pu lic Works Director SUBJECT: Consideration of Personal Services Agreements for Concrete, Sidewalk, and Curb and Gutter Maintenance and Repairs (Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc.) RECOMMENDATION: 1. Approve the qualified contractors list for Concrete, Sidewalk, and Curb and Gutter .Maintenance and Repairs to include Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc.; and, 2. Approve the Personal Services Agreements with Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc, to provide Concrete, Sidewalk, and Curb and Gutter Maintenance and Repairs City-wide for a three-year term, with three one-year optional extensions, subject to available funding in the operational budget; and, , 3. Authorize the City Manager to execute the agreements. Summary and Recommendation: The current agreement for concrete, sidewalk, and curb and gutter maintenance and repairs expires on December 31, 2011. As in the past, the Public Works Department would like to establish a qualified list of contractors to provide these services for the City of San Juan Capistrano and recommends that the City Council approve Personal Services Agreements with Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc. The term of the agreements is for three years (January 1, 2012 through December 31, 2014) with three .(3) one-year optional extensions at the City's discretion and demonstration of superior performance. These agreements are subject to an annual "not to exceed" amount determined by funding availability in the City's approved operating budget. Background The City has a current agreement in place with Greek's Concrete to provide concrete maintenance and repair services. This agreement will expire on December 31, 2011, and has been in place since 2006. Staff issued a Request for Proposals (RFP) to 15 Agenda Report Page 2 November 1, 2011 contractors and posted the RFP on the City's website. Three proposals were received in response: Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc. Due to the fluctuating economy, staff has determined that it is in the best interest of the City to maintain a qualified list of contractors for this service rather than to award the contract to just one firm. Since 2008, we have continually requested competitive pricing from our vendors. By having in-place agreements with more than one contractor for like services, we are able to ensure "best pricing", as we allow them to compete against each other on an "as -needed" basis for City work. It also allows for flexibility during times of economic highs/lows, rather than locking in prices that may not be sustainable for either the City or a particular contractor. Based on proposed unit pricing, if there are required work calls for asphalt grinding or curb and gutter work, staff would use Tygor Construction, Inc., as they are the lowest proposer for that type of work. If there are required work calls for concrete grinding or concrete flat work, staff would choose Dave Cook Concrete Construction, Inc., as they are the lowest proposer for that type of work. When emergency work is required, staff would call on Greek's Concrete, as his pricing reflects the lowest after -hour rates. On jobs where the required work is a combination of several types of work, staff will request quotes from each company for the entire job (consisting of flat work, curb and gutter, and/or grinding) and choose the lowest pricing among the pre -qualified contractors, therefore, achieving cost effective pricing for the City. The annual quantity of concrete work to be performed is dependent on the amount of available budget, as the City does not guarantee a specific amount of work year to year. The City's contractors are notified annually, after the budget adoption, of the amount of funding that has been allocated for concrete maintenance and repair for the upcoming fiscal year. Personal Services Agreements for this type of work are subject to the State of California's Prevailing Wage Law requirement. This requirement typically increases the overall cost of construction work for public agencies when compared to private entities, as the contractor is required to pay his employees/sub-contractors the State determined prevailing wage, by trade. This requirement can increase labor on contracts upwards of 50%. Pricing over the prior agreement as proposed reflects an increased range of 18% to 45% on unit pricing for concrete flatwork and curb and gutter work, with a reduction in grinding pricing of 9% to 29% (amounts vary by type and quantity of work required). As a result of this requirement, the City will realize less maintenance and repair with the same budget dollar limit (Fiscal Year 2011/2012 has an adopted budget of $180,000 for concrete, sidewalk, and curb and gutter maintenance and repairs). A unit pricing comparison from the three proposers is shown in Attachment 4. Staff performed due diligence on each of the proposer's references and is satisfied with each firm's ability to provide quality work and respond to the City's needs. The three proposers recommended to be added to the qualified contractors list for concrete, sidewalk, and curb and gutter maintenance are: Agenda Report Page 3 November 1, 2011 Dave Cook Concrete Construction Inc. Capistrano Beach CA -- Dave Cook Concrete Construction, Inc. has been in business since 1984. They have worked for the City of Irvine and have extensive experience in.custom residential concrete construction. Greek's Concrete San Clemente CA - Greek's Concrete currently has an agreement in place with the City to provide concrete services. They have performed work for the City since 1991. They also perform work for the Cities of San Clemente and Dana Point. Tygor... Construction Inc. Laguna Hills CA — Tygor Construction, Inc. has performed maintenance and repairs for the City since 2006. They also perform work for the City of Placentia and the Irvine Campus Housing Authority. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: N/A FINANCIAL CONSIDERATIONS Rather than a fixed dollar amount, there is a "shall not exceed the total amount in the City's adopted fiscal year operating budget for concrete, sidewalk and curb and gutter maintenance and repairs" clause included in Section 3.1 of the Personal Services Agreements for each contractor. The current Fiscal Year 2011/2012 adopted budget for concrete, sidewalk, and curb and gutter maintenance services,is $180,000. NOTIFICATIONS.- Dave OTIFICATIONS:Dave Cook Concrete Construction, Inc. Greek's Concrete Tygor Construction, Inc. Agenda Report Page 4 RECOMMENDATION: lgz= November 1, 2011 1. Approve the qualified contractors list for Concrete, Sidewalk, and Curb and Gutter Maintenance and Repairs to include Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc.; and, 2. Approve the Personal Services Agreements with Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc. to provide Concrete, Sidewalk, and Curb and Gutter Maintenance and Repairs City-wide for a three -yeas term, with three one-year optional extensions, subject to available funding in the operational budget; and, 3. Authorize the City Manager to execute the agreements. Respectfully submitted, cuello�_� 4-Y-1 Nasser Abbaszadeh, PE Public Works Director Attachment(s): Prepared b , Jill Thomas Senior Management Analyst 1. Personal Services Agreement - Dave Cook Concrete Construction, Inc. 2. Personal Services Agreement -- Greek's Construction 3. Personal Services Agreement -- Tygor Construction, Inc. 4. Concrete Price Comparison - Unit Pricing PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Dave Cook Concrete Construction, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide concrete, sidewalk, and curb and gutter maintenance and repairs; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on January 1, 2012. This Agreement shall be for a (3) three-year period of time with the option of three .(3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for concrete maintenance, payable at the rates as set forth in Exhibit "B" attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City ATTACHMENT I will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contairied in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work andfor Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. K Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law- E -Vert . 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at htt s://e-verif .uscis. ov/enroll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Not Applicable. Section 12. Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by 3 attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to. all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 94. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of '.the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work an any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class. V11 or betters 14.9 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,400,000.04), combined single limit coverage for risks associated . with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2. Comprehensive Automobile Liability. Throughout the term of this Agreement; Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this 121 Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of -insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its. officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policylpolicies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days` written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the -right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 4 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Dave Cook Concrete Construction, Inc. 34231 Camino Capistrano #102 Capistrano Beach, CA 92624 Section 17. Prevailing Wages The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] N IN WITNESS WHEREOF, the parties hereto have.executed this Agreement. CITY OF SAN JUAN CAPISTRANO ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandov I, City Attorney By: Karen P. Brust, City Manager CONTRACTOR By:�' 7 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required, to identify, remove; and repair concrete, sidewalk, and curb. and gutter services and repairs in those areas designated bey the Public works Director or authorized representative and to leave the grounds. in a neat condition. The scope of the concrete, . sidewalk, and curb and gutter services and repair work may vary according to need. This contract` covers concrete, sidewalk, and curb and gutter services and repairs. Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such. reports shall be signed by the contractor and the -Public Works Director or authorized representative in' charge of overseeing the, work. All work for which a progress payment is made shalt be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works. Director or authorized representative. Progress of Work Work shall proceed in an. orderly manner. Wherever possible, repair work shall be completely finished prior to,workmen proceeding to the next location. Any -exceptions shall be approved by the Public Works Director or authorized representative. Alterations 'The City reserves: the right to increase or decrease the quantity of any item or portion of the'.work or to omit portions of the work as may be deemed necessary or advisable by the. City. The Public Works. Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as- may be, determined during the progress of the work to be necessary and advisable for the. proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make. void the contrast.. Upon written order of a Public Works Director 'or authorized representative, Contractor shall proceed with the work as increased, decreasedor altered. Acceptance of Work Done The Public. Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing Form Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORK All work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latesf Edition. The Contractor shall construct concrete improvements per the City of San Juan Capistrano Standard Plans as shown on Attachment 5. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their. use. Rubbish and construction debris shall be disposed of to an approved dump site. After ..'removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works 'Director or authorized representative. The Contractor shall verify the location of all utilities prior to .construction, repair or maintenance, and shall be held. liable for all damages incurred .due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (1lV.A.T.C.H. Manual, subject to approval by the Public Works Director or authorized representative. . The Contractor shall monitor freshly placed concrete improvements for the length of time necessary to prevent defacing.of the concrete by graffiti, feet; handprint's, or other. The Contractor shall be 'responsible for repairs or replacement of new improvements which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings that are removed .in. the course of the work. The Markings shall, be replaced in-kind at the cost of the contractor. 2 Sidewalk Grinding This, work shall consist of grinding cement concrete sidewalks, curb, gutters, and spandrels as directed by the Public Works Director or authorized representative. Grinding of sidewalks, curb, gutters, and spandrels shall be performed to eliminate trip hazards, or to remove raised areas impeding the flow of water, at locations which have a maximum vertical displacement of up to 1 W. Locations which have vertical displacements in excess of 1 %" shall be. noted and no grinding will be permitted. Location will be noted on a report to the Public Works Director or authorized representative for consideration of replacement. Grinding shall be performed with abrasive grinding equipment utilizing carbide butting blades and shall be performed so that the . sidewalk surface on both sides of the transverse joint or crack has essentially the same texture and does not vary from a true plane enough to permit a Q.3: cm shim 10 cm wide to pass under a straightedge laid on .the finished surface parallel with the centerline. Transverse slope of finished surface shall also be uniform: i Length of the grind shall vary from a minimum of 4" for a %" differential to a minimum of 1.2" for 1 %" differential, or as directed by the Public Works Director or authorized representative. Width of the grind shall extend the entire width of the sidewalk. Residue from grindingoperations shall be picked up by means of a vacuum attachment to.the grinding machine and shall not be allowed to flow across the sidewalk nor be left on the surface or surrounding landscape of the sidewalk. Residue shall be properly disposed of by the Contractor away from the construction site and in accordance with applicable lavers and,regulations. A location is defined .as' one sidewalk joint . a maximum of 5' wide. Typical locations will be 4'-6' wide. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm .drain or creek. Contractor will contain any materials that may potentially reach a ;City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual'training regarding sto.rmwater regulations and the appropriate BMP's for all employees .working at City facilities. Contractor shall provide to the City annually, by July 1, with certification of the required. training on stormwater regulations and the BMP's, and abknowledgement. of adherence to these standards while performing work at the City. When saw cutting,' all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of The Contractor is- subject to severe tines .and penalties should he/she allow construction water to enter the storm drain or creek system. During construction the. Contractor shall provide street sweeping as necessary to meet the requirements of the City of San duan Capistrano National Pollution Discharge Elimination System Program (NPDES).. Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing Utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one --call utility notification service provided by Underground Service Alert (USA). USA remember utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through- USA (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an :adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance *with the contract, as directed by the Public Works Director, within:the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra_.Work 1. Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it -'appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director or .authorized representative as a. result of acts of G.od, vandalism, (heft, civil disturbances; accidents, or improvements. 3.. Payment for extra worktwill be.. based on actual cost of labor, plus. wholesale cost of materials, plus a markup. Extra services other than . those listed -shall be negotiated on a time arO material basis with a `°riot to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the .annual cost of this agreement. 4 Flow and Acce tante of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges'that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly.. It shall be the sole responsibility of the Contractor to protect their work from danger due to any `waters encountered. Should any damage occur to the -work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing. private property. Protection of Maintenance. Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of. project, the maintenance area shall be clean and iri a presentable condition. All public or privately owned improvements. and facilities shall be restored to their original condition and location. In the event improvements of the'facilities are damaged, they shall be replaced With new materials: equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. WLeekly Re ortin Contractor shall make weekly contact with the Public Works Director or. authorized .representative to determine work level'and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously:'determined at the time of the initial inspection. Deductions from the monthly payment,due,for work not performed, will be based upon. the bid worksheets, which are to be submitted at the time of bid. 5 Meetings Contractors shall provide the Public VVorks Director or authorized representative with a contact person(s) and a.phone number to reach the contrac 24 hours per day. t representative atall times, Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract .is in effect to discuss any problems/concerns which may arise and any goals for the day/week. GENERAL PROWSIONS REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required. at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) . Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e). Contractor will be required to supply list of sub -contractors if applicable. f) Contractor may be required to supply additional -experience references if requested by City'. g) Contractor shall provide. City with required proof. of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted. in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with the prevailing. Wage rates to all the laborers involved; and with California Labor Code Section 1770 et .seq., including the keeping of all records required by_the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant ,with rights to enforce the same a5 against the Contractor. 0 Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly Tates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The . Proposal will be awarded bused on an analysis of ' Proposal Prices; Statement of . Experience, Statement of Equipment, List of Sub- Contractors/Vendors and all provisions noted in the Instructions to Proposers and I General Provisions and Specifications sections of the Specification Package. The City may award -to one or more contractors as required to meet its needs. 1) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. M) Contractor shall protect any and all private .property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly 'ldentifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City.. q) Contract Termination - if at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply. suitable equipment, an adequate working force, or. material of proper quality, or shall fail in any respect.to prosecute any work with the diligence , and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he/she neglect or refuse to provide means or satisfactory compliance with the contract, .as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERS9NNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in.this contract. (a). Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all times 'while engaged in the performance of their duties and maintain good bearing, and deportment toward the public: Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from .the job and replaced by a satisfactory laborer. (b) -Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly, visible, proper shoes and other gear required by State . Safety Regulafions, and proper wearing of clothing, which includes that shirks shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shah supply laborers with the skills to perform various semi -skilled duties in -connection with concrete forming, laying, finishing and rolling, grading; operating a variety of hand and power tools for purposes, of maintaining public facilities and operating ; equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the concrete construction field. (e) Licenses Laborers will be required to possess a valid and - current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities Time Contractor's representative shall have a general knowledge of the concrete construction industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT" The contractor shall use and: furnish all equipment necessary.. for the satisfactory performance of the work set forth in.this contract. (a) Vehicles Contractor shall display the name of their firm. on any/all vehicles used or otherwise .by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. 3 (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be p.roperl.y adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not bestored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. MATERIALS The. Contractor. -is required to supply storage for n1aterials that are used in the City. Material shall not be stored.in the public right of way or any other City property without written authorization from the Public Works Director or authorized representative: SUPELVISION The Contractor shall provide. such adequate supervision' as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an` authorized representative weekly as to (1) schedule of .work; (2) complaints, and (3) adequaoy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shalt be onsite while work is in progress. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFOR:I AT The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor"s representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action ,required to alleviate an emergency condition which. threatens to cause damage to any City property. In addition, the Contractor shallemploy persons) to answer. telephone and e-mail .complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working .hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. 4 Contractor is required to maintain an office within the Orange County area Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working -hours. The response to an emergency call -out by the Contractor shall not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (T) copy of ori "Emergency Medical Facility Designation and Procedure Sheet" before a contract. is awarded. 4n this sheet, the successful proposer must designate a twenty-four (24) hour amorgency medical facility to provide emergency medical treatmdnt/care in the event of injury to -any of the Contractor's employees. It will be the responsibility of the Contractors supervisor/Lead worker to transport or make arrangements for the transpodation of any injured employee to and from the designated emergency medical facility or any similar medical facility, 5 PROPOSAL CONCRETE SIDEWALK AND CURB ANIS GUTTER IIIIIAINTENANGE AND REPAIR SERVICES From: CQNTRACTQR To the. Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described,_ examined the Specifications and General. Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the followincr Concrete Fiat Work Remove and Replace Concrete (49 Thick) Less Than 100 S.F. Remove and Replace Concrete (4" Trick) 101-250 S.F. Remove and Replace Concrete (4" Tldck) 251: S.F. -400 S.F. Remove and Replace Concrete (4" Thick) Over 400 S.F. Concrete Work Curb &..Gutter Remove 6" Curb and 18" Gutter Remove 8" Curb and 24" Gutter Construct Type A Curb Construct Type B Curb Construct 6" Curb and 18" Gutter Construct 8" Curb and 24" Gutter Grinding Asphalt Grinding (>2ft, Wide) Asphalt Grinding (<2ft. Wide) Concrete Grinding (72ft. Wide) Concrete Grinding (<21t. Wide) twiner enc Work -1 burl . Rate Unit Price Per Hour For the First Tvvo Flours T Unit Price Per Hour For Each Hour Thereafter 2 M 6E— S $/perhour Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work on November_1, 2011. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) f� Dated: Name Dated: 3w�sl 671,1J6��?01-2V6 # /J' -Z- Business Address nrpQ� '72 -6Z -(f Dated: 9 7 Telephone Number Contractor's license # Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein. Dated:'—�—" Name Dated: Dated: -3��31 & 2"Oo 6 Business Address�QG` Telephone Number Contractor's license # 3 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1.-DQt�n C06 V_ D qu� &)Crdr, U � PROPOSERS NAME COMPANY NAME 2, 1 766A411k"o 6log4ra) ---,o r,�?12, 2 -4- - BUSINESS ADDRESS 3. �efq-- 1491. 706 -7 BUSINESS TELEPHONE NUMBER BUSINESS E-MAIL ADDRESS I. List at least six (6) Contracts of a similar type -either currently held or held within the past 24 months. f^'CK1UU OF CONTRACT IFROM/TO PUBLIC AGENCYICOMPANY CONT�IGT NA.MI= AND PHONE UMBER CONTRACT AMOUNT a riot , �tLha ;tri �~�-���-��� 7-e l t A ;71 b _64 sou -3 o1�3��Cls -�� -7-�/0 ,a c,.. �c,l�►�e� tier- 17 7 11)a 1 l "C. 6,j4r k I WC, � of l O L J Signature Company 4 Ac ITT OF„EQUIPMENT THIS PACE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CiTY AS PART OF QUOTATION. aV6 &k &cr-jr. Proposer'sNaffml1e2 Company Name i /1 Business Address Business Telephone Number List equipment awned by the' quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sleets if necessary. ' A �Od-V 10 497 ale "41 rf �r r a -<,dws- dri I's 5, ,q C's, ._........ oignarure qt,— C"k, away Company 5 LIST OF SUBCONTRACTORSNENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. &kL� Proposer's Name Company Name 2, 31�--31 a-l-ojj6 & I ?,q, Business Address, 3'.`= 7" 7 Business Telephone Number Name Address Phone Type of Work �S cor . .,,., /v syrlrst- Lrrkv- `41 w 6 &gi 6�Zrdb �4, Company 6 CERTIFICATION OF COMPLIANCE STATE OF CALIFORNIA PREVAILING WAGE LA1t1)! REQUIREMENTS The CITY has been advised that the Prevailing Wages Law applies to the work, CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. I,v understand that I shall be responsible for compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 9770 et seq., including the keeping of records required by the provisions of Labor Code Section 1776 and with implementation of administrative regulations. Date Da'. &,, �. F/1-" d" /-- Name and Title Company Name 6 �2? Contractor's License # I-:njury and Illness Prevention Program [High Hazard] Prepared by: DAVE COOK CONCRETE CONSTRUCTION in association with: U.S. Compliance Systems, Inc. Disclaimer: This Safety Program has been prepared exclusively for: DAVE COOK CONCRETE CONSTRUCTION 34231 CAMINO CAPISTRANO STE 102 CAPISTRANO BEACH, CA 92624 To the best of our knowledge, the information contained herein is accurate. U.S. Compliance Systems, Inc. accepts no responsibility for errors or omissions. 0 :` . M POLICY STATEMENT We have developed a comprehensive IIIP Program that addresses our specific safety concerns and provides guidance for the performance of our individual job tasks within the framework of appropriate Cal/OSHA standards. This 11P Program contains the eight essential elements identified in Title 8 of the California Code of Regulations, Section 3203. These elements are: I . Responsibility 2. Compliance 3. Communication 4. Hazard Assessment 5. Accident/Exposure Investigation 6. Hazard Correction 7. Training and Instruction 8. Recordkeeping Safety flakes a commitment from all personnel within our organization. Training will be interactive with an opportunity for all to actively participate, ask questions, make suggestions, and refer to our written policies and procedures. It is our policy to provide a work environment that is inherently safe. The safety and health of our employees is of primary importance as they are our most important resource. Safety training needs will be identified by continual reassessment of our work methods, equipment and job sites as well as employee and management input. Observation of unsafe acts will be addressed immediately. Safety requires not only that employees understand and perform individual tasks in a safe manner, but also that they are aware of their surroundings and are actively involved in the safety of others. Employees are encouraged to contact their Supervisor should a safety or health risk exist so that corrective action may be taken immediately. This Policy Statement will be conspicuously posted. Safety Director Safety Program Overview We have developed a comprehensive IIIP Program that addresses our specific safety concerns and provides guidance for the performance of our individual job tasks within the framework of appropriate Gal/OSHA standards. Safety demands a commitment from all personnel within our organization. As a contractor, we have an obligation to ensure that all our employees are afforded the protection of an appropriate IIP Program. This program contains policies and procedures to deal with common work- place hazards, specific job related hazards, and potential hazards that may arise. Hazard assessment, project pre -planning, and engineering controls, where feasible, will be the preferred method,of providing a safe workplace. Hazards that remain will be minimized or eliminated through training which provides our employees the ability to recognize workplace hazards and understand the proper procedural and/or personal protective equipment requirements. Each employee is encouraged to contact their supervisor immediately should a safety or health risk exist so that corrective action may be taken to eliminate the hazard entirely or deal with the hazard in a safe manner through modified work procedures, PPE, and/or other appropriate action. On all job sites, at least one person will be designated a "competent person" by virtue of experience or training. This person will have the ability to identify work related hazards, know the corrective procedures, and have the responsibility, ability and authority to impose prompt corrective measures to eliminate these hazards. The Safety Director or a designated competent person will make routine and random job site inspections to both identify new hazards and to monitor the effectiveness of our IIP Program. In the final analysis, the success of our safety effort depends on all employees from senior management to the newest hire demonstrating a commitment to safety by working in a safe manner. Safe job performance is how our safety effort is ultimately measured. I DAVE COOK CONCRETE CONSTRUCTION 2011 U.S. Compliance Systems, inc. (888) 475-5353. Permission is granted to copy for internal use. For ease of use, this safety program has been divided into four broad categories. These are: SECTION I General safety policies and procedures. SECTION 11 Job Specific - Equipment Specific Safety Procedures. SECTION III Specific compliance programs with appropriate forms. Training documentation. Additionally, there is a Project Manual with Job Site Forms. This manual highlights important concepts and is designed to be kept on individual job sites with the job site forms. 2 DAVE COOK CONCRETE CONSTRUCTION 2011 U.S.Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy far internal use. SECTION GENERAL SAFETY POLICIES AND PROCEDURES DAVE COOK CONCRETE CONSTRUCTION SECTION I G 2W 1 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use, SAFETY PROGRAM SECTION GENERAL SAFETY POLICIES AND PROCEDURES INDEX PAGE TOPIC 1 CODE OF SAFE PRACTICES I ACCIDENTIINJURY PREVENTION 2 SAFETY PROGRAM ADMINISTRATOR 3 SUPERVISOR INVOLVEMENT 3 IMPLOYEEINVOLVEMENT 4 EMPLOYEE EVALUATION 4 HOUSEKEEPING 4 EMERGENCY ACTION PLAN 5 EMi RGENCY MEDICAL RESPONSE 6 FIRE PREVENTIONPLAN 6 P.ORTAI3LE FIRE EXTINGUISHERS 7 FIRE PROTECTION 8 FIRST AID & FIRST AID KITS 12 SANITATION 13 LIFTING PUSHING & PULLING 14 SLIPS, TRIPS & FALLS 'I5 DRUGS AND ALCOHOL 75 SMOKING is ACCIDENT INVESTIGATION 16 POSTINGS 17 RECORDKEEPING: INJURIES & ILLNESSES 19 INCIDENCE RATE 19 SAFETY MEETINGS 99 HAZARD ASSESSMENT 20 HAZARD IDENTIFICATION & RISK ASSESSMENT 23 JOB HAZARD ANALYSIS FORM BLANK 25 ENFORCEMENT 26 SCHEDULE OF ENFORCEMENT ACTIONS 26 HAZARD ASSES SM ENTIEN FORC EM ENT RECORDKEEPING Standards: Division of 4ccu ational Safety and Health - Title 8 re Mations Employer Records of Occupational In'u and Illness DAVE COOK CONCRETE CONSTRUCTION SECTION I OO 2011 U.S, Compliance Systems, Inc. (888) 475-5353, Permission is granted to copy for internai use. GENERAL SAFETY POLICIES AND PROCEDURES CODE OF SAFE PRACTICES Below are core safety rules that apply in all situations: 1. Never do anything that is unsafe for any reason, If an unsafe condition is found, report it to your supervisor. 2. Do not remove or disable any safety device. Keep all guards in place at all time on operating machinery, equipment, and power tools. 3. Do not perform any work task unless trained prior to initial assignment. 4. Never operate a piece of equipment unless trained and authorized. 6. Use your personal protective equipment whenever it is required. 6. Obey all safety warning signs. 7. Working under the influence of alcohol or illegal drugs or using them at work is prohibited. S. Do not bring firearms or explosives on to company property or on to any job site. 9. Horseplay, running, and fighting is prohibited. 14. Clean up spills immediately. 11. Replace all tools and supplies after use. 12. Do not allow debris to accumulate. Practice good housekeeping. 13. Walk -around safety inspections will be conducted at the beginning of each job, and at least weekly thereafter. Copies of our Code of Safe Practices will be posted on job sites. ACCIDENT/INJURY PREVENTION Our IIP Program is designed so that our employees do not work in conditions that are unsanitary, hazardous, or dangerous to their health or safety. One lax moment in terms of safety may result in a lifetime of needless pairs and suffering. Disregarding safety standards may even be fatal. While an accident may happen in an instant, the consequences may last for years. i ©AVE COOK CONCRETE CONSTRUCTION Q 2011 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for intemal use. Accident prevention requires a commitment from all personnel within our company to actively participate in our safety program. All personnel should be aware of job site hazards and follow procedures to eliminate these hazards by proper work methods, use of personal protective equipment, and proper use of tools and equipment. All persons are encouraged to ask questions and make positive suggestions for safety improvement. Competent persons [those who are capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees] will be designated to provide job site expertise as well as regular inspections of equipment, materials, and procedures. Competent persons will have the authority to stop work if a safety hazard is identified and it cannot be corrected immediately. All machinery, tools, materials and equipment deemed unsafe will be taken out of service by physically removing, tagging, or Pocking/blocking controls to render them inoperable. Only persons qualified by training or experience will be allowed to operate equipment or machinery. All tools and items of equipment will be used for the purpose for which they were designed. For example, a wrench is not a hammer; a ladder is not a horizontal plank; a fire extinguisher is not a cooler! Never take chances or attempt any job without being aware of the proper procedures, the potential safety hazards, and the methods to reduce or eliminate risk. Our Safety Director will administer this IIP Program and has overall responsibility for the implementation of the provisions of this program. The Safety Director will ensure each employee has appropriate safety training for the tasks to be performed. Additionally, duties of this position include: a. the actual training of personnel. b. maintenance of training records. c. random inspections to verify adherence to safety rules and policies. d. completion of specific tasks identified within our OSHA compliance programs found in Section III of this safety program. 2 DAVE COOK CONCRETE CONSTRUCTION G 2011 U.S. Compliance Systems, lnc. (888) 475-5353. Permission is granted to copy for internal use Our IIP Program Administrator is. The duties of this position may be delegated to other personnel who are competent persons by virtue of training or experience. The responsibilities of this position may not be further delegated. SUPERVISOR INVOLVEMENT Supervisors are responsible for implementing and maintaining the IIP. Program in their work areas and an employee questions about the IIP Program. A copy of this IIP Program is available to each supervisor as well as their employees. EMPLOYEE INVOLVEMENT All employees are encouraged to participate actively in our safety & health program. Do not hesitate to point out perceived safety deficiencies to your supervisor or the competent person -- you may prevent an injury to yourself or a fellow worker. With the goal of providing a safer worksite for all of us, employee suggestions for improving safety management are welcomed and encouraged. Never perform any task on which you are not confident in your understanding of the safety procedures. If in doubt, ask your immediate supervisor for guidance. It is expected that all employees will abide by our safety rules and guidelines [as well as applicable local, state, and federal standards] not only to protect themselves, but also to protect their fellow workers from harm. Should a safety violation occur, the violation will be documented by the employees immediate supervisor and the provisions of our enforcement program will be implemented. Employees are reminded that they are encouraged, without fear of reprisal, to anonymously report safety hazards or concerns. This may be done by telephone to the Safety Director or by leaving a sealed envelope containing the concern on the Safety Director's desk. EMPLOYEE EVALUATION Our safety program establishes policies and procedures for our employees to enable them to work in a safe manner. Our goal is to provide a workplace that is free from recognized hazards and have a workforce that i.s capable of performing their individual job tasks safely. The primary tool used to evaluate employee safety performance is regular and frequent.— documented -job site inspections using our job site checklists as a guide. 3 ©AVE COOK CONCRETE CONSTRUCTION O 2011 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use. The second tool is our regularly scheduled — documented - safety meetings which, by design, are interactive allowing the instructor to ask and answer questions and get a solid feel for employee interest and knowledge of the safety topic being discussed. The third tool is our enforcement program. Not only are all lapses of safety compliance documented on our job site checklists, they are also documented on our enforcement forms. Using these three evaluation tools, the Safety Director will be able to identify not.only those employees who are knowledgeable and competent in their safety performance, but also those employees who need extra training, extra supervision, and/or extra disciplinary action. Using the above tools, the Safety Director, on a monthly basis, will review and evaluate employee performance and, if necessary, take action to ensure that employees do not put themselves, or those they work with, at risk. HOUSEKEEPING Housekeeping? . On a job site? What's that all about? It's about safety! Employees are to maintain a neat and orderly work area as far as practica/. Housekeeping and general cleanliness have a direct effect on safety and health. Proper housekeeping can prevent slips and falls, allow easy egress in the event of an emergency, prevent falling object injuries, and enhance fire safety. Below listed are general housekeeping rules: a. walking/working surfaces shall be kept clean and dry. b, do not allow construction debris to accumulate. c. stored materials will be neatly stacked at the job site. d. containers, when not in use, will be sealed. e. no- objects will be left unattended on stairways. f. entrances and exits will be properly marked and not blocked. g. tools shall be properly cleaned and put away after use. EMERGENCY ACTION PLAN An Emergency Action Plan, if appropriate, will be posted at the job sites along with emergency telephone numbers and an escape route diagram. After a hazard assessment of a job site, the Safety Director may determine that conditions may develop that could possibly warrant an evacuation. In this case. an emergency action plan will be developed to address the threat. Certainly, if work is being done at a hazardous chemical plant, for 4 DAVE COOK CONCRETE CONSTRUCTION 02011 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for intemal use. example; an emergency action plan is required and coordination will be made with the facility operator. Events may occur which dictate the evacuation of a job site such as a fire, explosion, power failure, etc.. Additionally, events may occur which dictate the need for emergency medical responders. These sets of events fall under our Emergency Action Plan and a multitude of objectives must be met. The first and foremost objective is the safety of all our personnel. To achieve this level of safety, our plan is designed to get personnel away from danger, treat injury, and provide for a thorough and accurate accounting of all employees. There may be situations where certain employees, trained in first aid and/or fire fighting procedures, may prevent a small emergency situation from becoming a major disaster. In these types of situations, specifically identified employees will remain to perform the function for which they are trained, provided they may perform these duties in a safe manner. At no time will any employee put himself/herself at risk. To the extent possible, job sites will have clear, direct, egress. The actual implementation of this plan must be direct and carried out without confusion. Employees must know how to alert others, how to call for assistance, the location of fire extinguishers and first aid kits, the escape route, and the rendezvous point (being accounted for so that others do not put themselves at risk looking for a person who has already reached safety). EMERGENCY MEDICAL RESPONSE Should an injury occur that requires an emergency medical responder, the below listed actions will be taken in order given: 1. Call 911 or the emergency response number posted on the job site. 2. Provide any medical assistance you are trained and certified to do. DO NOT provide any medical assistance you are not trained to do. 3. Designate an individual to direct theemergency responders to the injured person and provide Material Safety Data Sheets if applicable. 4. Notify the competent person who, in turn, will notify the office. 5 DAVE COOK CONCRETE CONSTRUCTION O 2011 U.S. Compliance Systems, Inc. (888) 475.5353. Permission is granted to copy for internal use. FIRE PREVENTION PLAN Fire Prevention deals not with handling a fire emergency, but rather preventing a fire in the first place. To reduce the likelihood of a fire, personnel are to adhere to the following rules: 1. Smoking is allowed only in designated areas and smoking materials will be totally extinguished and placed in the appropriate receptacles. 2. All chemical products will be handled and stored in accordance with the procedures noted on their individual MSDS. 3. Heat producing equipment will be properly maintained and operated per the manufacturer's instructions to prevent accidental ignition of combustible materials. 4. Precautions will be taken when working with an open flame (such as welding) and those areas will be made fire safe by removing or protecting combustibles from ignition.. 5. Combustible liquids must be stored in approved containers. 6. Chemical spills must be cleaned up immediately. This is particularly important for combustible and reactive liquids. Damaged chemical containers and cleanup materials must be properly disposed. [Note: Exercise care! Information on appropriate personal protective equipment; proper disposal; proper cleanup procedures; required ventilation, etc: is found on the product's MSDS J 7. Combustible liquids and trash must be segregated and kept from ignition sources. 8. Keep clear access to fire hydrants as well as portable fire extinguishers. 9. Personnel will be notified by their Supervisor or the competent person of any unusual fire hazard conditions existing on a job site. 10. Good housekeeping, good housekeeping! All personnel will receive instruction on the proper use of fire extinguishers. a. Fire extinguishers will be inspected monthly for general condition and adequate charge. They will be serviced and certified by qualified personnel at least annually. b. Portable fire extinguisher locations will be clearly identified and easily accessible. 6 DAVE COOK CONCRETE CONSTRUCTION Q 2011 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for interna! use. Portable fire extinguishers will be distributed as indicated below: CLASS DISTRIBUTION NOTES A 75 feet or less travel distance use on wood, paper, trash. "A" between the employee and on a green triangle the extinguisher B 50 feet or less travel distance Use on flammable liquid, gas. "B" between Lazard area and the on a red square employee C Based. on the appropriate pat- Use on electrical fires. "C" tern for the existing Class A or on a blue circle Class B hazards D 75 feet or less travel distance Use on combustible metals. "a" between the combustible metal on a yellow star working area and the extinguisher or other containers of Class D extinguishing agent. Appropriate portable fire extinguishers will be used, as noted above. Supervisors will ensure that at least one extinguisher is on each floor of a project near, the stairway. Using the wrong fire extinguisher on some fires can actually spread the fire. Using a Type A extinguisher on an electrical fire, for example, could cause serious injury. When a fire occurs, it is imperative to use the proper extinguisher. FIRE PROTECTION The phone number of the local fire department shall be posted with other. emergency numbers. If a fire should occur, all personnel and the local fire department will be notified. As in all emergency situations, per the American Trauma Society, people calling the fire department should: a. Remain calm, b. Speak clearly and slowly. c. Give the exact location. d. Describe the situation. e. Give the phone number from where you are calling. f. Do not hang up until told to do so. 7 }AVE COOK CONCRETE CONSTRUCTION (D 2011 U.S. Cnmpliauce Systems, lne. (888) 475-5353. Pennission is granted to copy for internal use. FIRST AID & FIRST AID KITS Should a medical emergency occur, other than minor scrapes and bruises, and it is serious enough to call for professional medical assistance, you should call the Emergency Response Number posted on the job site bulletin board. Before the first aid providers arrive, to the extent possible, clear the way so they can reach the injured employee in the most direct way possible. Trained personnel in possession of a current Red Cross First Aid certificate or its equivalent must be immediately available at the job site to provide first aid treatment. Employees performing first aid will use universal precautions and ensure an impermeable barrier is established between themselves and possible bloodborne pathogens. Per California Standard Section 14300.7 (b)(5)(B), first aid is limited to: Using a nonprescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes); 2. Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment); 3. Cleaning, flushing or soaking wounds on the surface of the skin; 4. Using wound coverings such as bandages, Band-AidsTm, gauze pads, etc.; or using butterfly bandages or Steri-StripsTm (other wound closing devices such as sutures, staples, etc. are considered medical treatment); 5. Using hot or cold therapy; 6. Using any non -rigid means of support, such as elastic bandages, wraps, non -rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes); 7. Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, backboards, etc.); 8. Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister; 9. Using eye patches; 8 DAVE COOK CONCRETE CONSTRUCTION © 2011 U.S. Compliance Systems, Inc, (888) 475-5353. Permission is granted to copy for internal use. 10. Removing foreign bodies from the eye using only irrigation ora cotton swab; 11. Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means; 12. Using finger guards; 13. Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or 14. Drinking fluids for relief of heat stress. If an employee is injured and emergency responders have been called, stay calm and reassure the injured employee that help is coming. Below is basic first aid for various common job site injuries. Mostly, it is what not to do. MINOR BURNS (Redness or blisters over a small area) Flush with cold water; apply a sterile dressing, Do not use butter on any burn. Do not break open blisters. MAJOR BURNS (White or charred skin; blisters and redness over a large area; burns on. face, hands, or genital area) Cover with sterile dressing and seek medical attention promptly. Do not apply salves, ointments or anything else. Do not break blisters. CHEMICAL BURNS (Spilled liquid or dry chemical on skin) Liquid - Flush with large amounts of water immediately (keep water flow gentle). Dry - Brush as much off as possible before flushing with water. After flushing at least 5 minutes, cover with sterile dressing. Seek medical attention promptly. Do not use anything but water on burned area. Do not break open blisters. 9 DAVE COOT{ CONCRETE CONSTRUCTION O 2011 U.S. Compliance Systerns, Inc. (888) 475-5353. Permission is granted to copy for internal use. EYE - FOREIGN OBJECT (Object visible; feeling of something in the eye) Have patient pull upper eyelid over lower eyelid. Run plain water over eye. If object does not wash out, cover both eyes with a gauze dressing. Seek medical attention promptly.. Do not rub the eye. EYE - WOUNDS (Wound. on eyelid or eyeball; pain; history of blow to eye area; discoloration) Apply loose sterile dressing over both eyes. Seek medical help immediately. For bruising, cold compress or ice pack may relieve pain and reduce swelling. Do not try to remove any embedded object. Do not apply pressure to eye. EYE - CHEMICAL BURN (Chemical splashed or spilled in eye) Flush immediately with water over open eye for at least 10 minutes (20 minutes if alkali). It may be necessary to hold patient's eyelid open. Cover both eyes with sterile dressing. Seek medical help immediately. Do not put anything but water in eye. HEAT EXHAUSTION (Fatigue; weakness; profuse sweating; normal temperature; pale clammy skin; headache; cramps; vomiting; fainting) Remove from hot area. Have victim lay down and raise feet. Apply cool wet cloths. Loosen or remove clothing. Allow small sips of water if victim is not vomiting. IO DAVE COOK CONCRETE CONSTRUCTION O 2011 U.S. ComPliance systems, Inc. (888) 475-5353. Permission is granted to copy for internal use. HEAT STROKE (Dizziness; nausea; severe headache; hot dry skin; confusion; collapse; delirium; coma and death) Call for immediate medical assistance. Remove victim from hot area. Remove clothing. Have victim lay down. Cool the body (shower, cool wet cloths) Do not give stimulants. When dealing with any injury, stay calm and never do anything unless you know what you are doing. First Aid Kits: First aid kits are worthless if not readily accessible. Therefore, they will not be locked up on job sites. First aid kits will be replenished as items are used. Sterile items will be wrapped and sealed.and used only once. Other items such as tape or scissors can be reused and should be kept clean. In the absence of plentiful amounts of clean water, eye flush will be available. The number of first aid kits to be found on the job site should be: Number of Persons Assigned to Job Site Minimum First Aid Supplies 1 - 5 10 Package Kit 6-15, 16 Package Kit 16-30 24 Package Kit Depending on the job site, first aid supplies will generally include: adhesive bandages, bandage compresses, scissors and tweezers, triangular bandages, antiseptic soap or pads, eye dressing, and other items that a consulting physician may recommend. The main purpose of a bandage, the most commonly used item in a first aid kit, is not really to stop the bleeding, but to keep the wound clean. The three most important things dealing with first aid kits are: 1. They must be readily accessible. 2. They must be appropriate for the job site work involved. 3. Personnel must know how to use the contents of the first aid kits. 11 DAVE COOK CONCRETE CONSTRUCTION c0 2011 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use. First aid kits must be replenished 'as items are used. Those individual items that must be sterile must be wrapped and sealed and used only once. Other items such as tape or scissors can be reused and should be kept clean. The supplies consumed in first aid kits can actually be used as a safety tool. For example, if a kit constantly needs replacement of bandages which have been used for minor cuts, there is an obvious problem that the cuts are happening in the first place. Actual trends can be established and corrective procedures initiated such as protective gloves or handling practices. Improper medical treatment can be more dangerous than no treatment at all. SANITATION 1624. Water SupWpiv, 7526. Toilets at Construction Jobsites. 7527. Washing Facilities Food Handling, and Tem ora SleepingQuarters. Potable Water; From a safety standpoint, you must not neglect your need for potable (drinkable) fluids. Water is not only the most abundant of all compounds found on the earth, it is the most abundant part of you -- actually about 65% of you is water. On construction sites, exertion and heat dictate the need for plenty of water. Potable water will be available on job sites. if portable containers are used, they will be clearly marked [Potable Water); capable of being tightly closed; and equipped with a tap. These containers will be used for no other purpose than supplying drinking water. Non -reusable (single service) cups in a sanitary container will be provided drinking as well as a receptacle for disposing of used cups. Additionally, sealed one-time use water bottles may be supplied. If these_ items are used, they are for individual use only and will be marked to identify the user. These bottles may not be shared. Where sealed one- time use water containers are supplied, a receptacle for disposing of the used containers shall be provided. Employees are reminded of their need for adequate amounts of water. Non -Potable Water: Outlets of non -potable water should be clearly identified as such, through appropriate signage, and non -potable water may never be used for drinking, washing, or cooking. 12 DAVE COOK CONCRETE CONSTRUCTION C) 2011 US. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use. Toilets: A minimum of one separate toilet facility shall be provided for each 20 employees or fraction thereof of each sex. Such facilities may include both toilets and urinals provided that the number of toilets shall not be less than one half of the minimum required number of facilities. Exception: where there are less than 5 employees, separate toilet facilities for each sex are not required provided the toilet facilities can be locked from the inside and contain at least one toilet. Under temporary field conditions, not less than one toilet shall be available. (Where the provision of water closets is not feasible due to the absence of a sanitary sewer or the lack of an adequate water supply, nonwater carriage disposal facilities shall be provided. Unless prohibited by applicable local regulations, these facilities may include privies (where their use will not contaminate either surface or underground waters), chemical toilets, recirculating toilets, or combustion toilets. Toilet facilities shall be kept clean, maintained in good working order, designed and maintained in a manner which will assure privacy and provided with an adequate supply of toilet paper. Was hin Facilities: Adequate washing facilities will be provided in near proximity to the worksite if employees are working with contaminants that may be harmful to their health such as paint, coatings, or other chemical products. Paper towels and cleansing agents will be provided. Showers and change rooms will be dictated by specific standards dealing with specific toxic materials (i.e., lead; asbestos). Eating and ®rinkin Areas: No employee will be allowed to consume food or beverages in any area exposed to toxic material LIFTING, PUSHING & PULLING Back injuries are often caused by the obvious -- putting excessive strain on the lower back by lifting an object that is too heavy or awkward, or by bending and/or twisting while lifting, However, lifting injuries are also caused by less obvious reasons: a. poor physical condition b. poor posture 13 LAVE COOK CONCRETE CONSTRUCTION O 2011 U.S. Compliance Systems, Inc. (888) 475-5353, Permission is granted to copy for intemal use. c. poor judgment (lifting, pulling, pushing an object that is obviously too heavy or awkward without seeking assistance or a mechanical lifting device.) d. lack of exercise e. excessive body weight Proper lifting techniques are important for employee safety. Below are lifting techniques that will reduce the likelihood of injury: a. lift objects comfortably, not necessarily the quickest or easiest way. b. lift, push, and pull with your legs, not your arms or back. c. when changing direction while moving an object, turn with your feet, not by twisting at the waist. d. avoid lifting higher than your shoulder height, e, when standing while working, stand straight. f. when walking, maintain an erect posture; wear slip -resistant, supportive shoes. g. when carrying heavy objects, carry them close to the body and avoid carrying them in one hand. h. when heavy or bulky objects need to be moved, obtain help or use a mechanical aid such as a dolly, band truck, forklift, etc., is when stepping down from a height of more than eight inches, step down backwards, not forward. j. handle heavy objects close to the body -- avoid reaching out. k. lift gradually and smoothly. Avoid jerky motions. 1. maintain a clear line of vision. SLIPS, TRIPS & FALLS Slips, trips, and falls are among the most common job site accidents and they are easily preventable. Below are some of the causes of slips, trips, and falls: a. running on the job site, b. engaging in horseplay. c. working off a ladder that is not firmly positioned. d. carrying an object that blocks line of vision. 14 CAVE COOK CONCRETE CONSTRUCTION @ 2011 U.S. Complianee Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use e. work boots not laced or buckled. f. working off a scaffold without safety rails. g. using ladders that have oil and grease on the rungs. h. not using a handrail on steps. i. messy work areas with debris strewn about. j. not paying attention to what one is doing. This list can go on and on, but all the above are easily preventable by adherence to common safety procedures, common sense, and awareness of potential hazards on the job site. DRUGS AND ALCOHOL With the exception of over the counter drugs such as aspirin or drugs prescribed by a physician, there shall be no drugs or alcohol on any job. site. Alcohol and drug abuse cause an unacceptable level of safety hazard not only for the offending employee, but for others in the vicinity. Those found to be ander the influence of drugs and/or alcohol will be immediately removed from the job site by the competent person and further disciplinary action will be taken by the Safety Director. Employees taking prescription medication that reduces motor skills should report this to their supervisor for appropriate work assignment. Chemical dependency is a devastating problem for not only the employee, but also the employee's family and co-workers. For obvious safety reasons, it cannot be,tolerated in the workplace. Those with such a problem should seek professional help. The Safety Director will assist any employee in finding appropriate treatment should they voluntarily come forward. . SMOKING There shall be no smoking except in designated smoking areas. Under no circumstances will there be smoking during refueling of vehicles or within 50 feet of flammable materials. If smoking is not allowed on a particular job site, "NO SMOKING" signs will be prominently displayed. ACCIDENTIEXPOSURE INVESTIGATION The purpose of Accident/Exposure Investigation is to prevent the same type of accident from reoccurring. An accident investigation will begin immediately after the medical crisis is resolved. The competent person/supervisor on the job site will complete an Accident/Exposure 15 DAVE COOK CONCRETE CONSTRUCTION O 2011 U.S. Compliance systems, lnc, (888) 475-5353. Permission is granted to copy for internal use. Investigation Form as soon as feasible. The five questions that must be answered are; Who? What? When? Where? and most importantly, Why did the accident happen? Apparently simple accidents may actually be caused by many complex reasons. Example: a worker is using a claw hammer on a working surface more than six feet above the ground. The hammer head breaks off and strikes a worker below who is not wearing a hard hat. Why did this accident happen? How can it be prevented? With just the facts presented, the fault would seem to rest with the worker who was struck by the falling object. Accident investigation may reveal other contributing factors by answering questions like: a. Were hard hats required on the project, were they available, and was this policy enforced by the supervisors? b. Were precautions taken to prevent objects from failing from above, such as a controlled access zone (CAZ)? c. Did the worker inspect his hammer before use? Was he driving nails -- the job for which a claw hammer is designed -- or pounding metal beams? After determining the cause of the accident/exposure through on-site investigation, interviewing injured employees and witness, and examining the workplace for factors associated with the accident/exposure, a determination of the cause may be discovered and steps can be taken to prevent a reoccurrence. Near -miss mishaps, events which result in no injury or damage, should be investigated because even though the outcomes are different, the causes are the same. The results of the accident/exposure investigation will be recorded on our Accident/Exposure Investigation Form located in the Job Site Forms Section of our Project Manual. POSTINGS On every job site there will be a prominently displayed bulletin board or area for postings. Every employee must be aware of this policy. Certain postings are required as a matter of law in all cases and other postings are required depending on circumstances and types of work being done. In all cases, the below must be posted ori the job site: to meet California Labor Code and Title 8, California Code of Regulations, requirements. a. Our Code of Safe Practices. Safety Protection on the Job. • ,r n a e and .Health P,. ...� c. During the period from 1 February through to April 30, Cal/OSHA Form 300A Annual Summa of Work -Related In cries and Illnesses, must 16 DAVE COOK CONCRETE CONSTRUCTION O 2011 US Compliance Systems, Tnc. (888) 475-5353. Pennission is granted to copy for intemal use. be posted for work-related injuries and illnesses which have occurred during the previous year. d. Emeraencv Phone Numbers. e. Industrial Welfare Commission Wage Orders. f. Payday Notice. g. Notice to Employees — Iniuries Caused by Work. h. Notice of Workers' Compensation Carrier and Coverage. Note: Obtained for Insurance Carrier i. Whistleblower Protections, 1. If employees are working with hazardous/toxic substances, the following must be posted: Access to Medical Exposure Records - English, Access to Medical Exposure Records — Spanish. 2. If employees are using industrial trucks, the following must be posted: Ogerating Rules for Industrial Trucks -- English Operating Rules for Industrial Trucks — Spanish Additional postings required by other California agencies may be obtained at the following link: Additional-Postincis If appropriate, the following must be posted: a. Cal/OSHA citations. b. Notice of informal hearing conference. C. Names and location of assigned first aid providers. d. Air or wipe sampling results. e. Emergency action plan. RECOR©KEEPING: INJURIES & ILLNESSES Em to er Records of Occu ational In`u and Illness As a matter of law, all employers with 11 or more employees at any one time in the previous year must maintain OSHA Form 300, Log of Work - Related Injuries and Illnesses, OSHA Form 301, Injury and Illness Incident Report, and OSHA Form 300A, Summary of Work -Related Injuries and Illnesses. OSHA Forms 300 and 301 are used to record and classify occupational injuries and illnesses. The information on the OSHA Form 300 related to employee health and must be used in a manner that protects the 0 DAVE COOK CONCRETE CONSTRUCTION O 2011 U.S. Compliance Systems, lnc. (888) 475-5353. Permission is granted to copy for internal use. confidentiality of the employees to the extent possible. Recordable injuries and illnesses must be entered on OSHA Forms 300 and 301 within seven (7) days of receiving information that a recordable injury or illness has occurred. Retention of Forms: Old Cal/OSHA Forms 101 and 200 as well as Cal/OSHA Forms 300 and 301 will be retained for five years following the year to which they relate. Items to be recorded on Cal/OSHA Forms 300 300A and 301: Work related injuries and illnesses and fatalities are to be recorded using the criteria found in .Employer Records of Occupational Injury and Illness. Injuries and illnesses must be recorded if they result in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, loss of consciousness, or if the injury or illness involves a significant injury diagnosed by a physician or licensed health care professional even if it does not meet the forgoing conditions. Note: First aid (which is not reportable) is defined in 1904.7(b)(5)ii. Em to ee Involvement: As a matter of policy, all work-related accidents and injuries are to be immediately reported to the competent person/supervisor on a job site who will complete an accident investigation form. This will be forwarded to the Safety Director who will extrapolate appropriate information for completion of the OSHA Form 300. Catastrophic Reporting Reguirements: Any serious injury; illness, or death of an employee [occurring in a place of employment or in connection with any employment] will be reported immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health. Definition of immediately: as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. Location of Cal/OSHA Forms 300 and 301: As a general rule, the Cal/OSHA Forms 300 and 301 will be maintained in our main office. However, in the event that a project is to last more than one year, that job site will be considered a fixed establishment and maintain its own Cal/OSHA Forms 300 and 301. 18 DAVE COOK CONCRETE CONSTRUCTION cC 2011 U.S. Compliance Systems, Inc, (888) 475-5353. Permission is granted to copy for internal use, INCIDENCE RATE One indication of the success of our safety effort is our "incidence rate". When bidding a job, our incidence rate could be a determining factor in a. successful bid. The incidence rate is determined by the following formula: N/EH X 200,000 where. N = number of injuries and/or illnesses EH = total hours worked by all employees during the calendar year. 200,000= base for 100 full-time equivalent workers (working 40 hours per week, 50 weeks per year), To find the "Lost Workday Injury Rate" (LWDI), the following formula is used: LWDI Rate = (# LWDI's X 200,000)1# employee hours worked # LWDI = sum of LWDI's in reference years # employee hours worked = sum of employee hours in reference years 200,000 = base for 100 full-time equivalent workers (working 40 hours per week, 50 weeks per year). When accidents and injuries occur, the have an immediate detrimental impact on those employees involved. Additionally, they have a potential lingering negative impact on our company and our ability to get work. SAFETY MEETINGS Regularly scheduled safety meetings will be conducted provide an opportunity for reinforcing the importance of general safety as well as specific work related procedures applicable to the work at hand. Properly prepared safety meetings will focus on one or two topics and be direct and to the point. All safety questions will be addressed and interactive participation is encouraged. Safety meetings will be held at least weekly. HAZARD ASSESSMENT Prior to work any on job, a hazard assessment will be made by the Safety Director or a designated competent person to determine potential hazards associated with the work to be done and the proper administrative controls, engineering controls, or PPE selection to negate the hazards. Supervisors will conduct frequent and regular job site inspections using our job site checklists. Additionally, supervisors will be on alert for safety violations observed in the normal course of their work. Safety violations will be documented following the enforcement procedures noted below. 19 RAVE COOK CONCRETE CONSTRUCTION 0 2011 U.S. Compliance systems, Inc_ (888) 475-5353: Permission is granted to copy for internal use. HAZARD IDENTIFICATION & RISK ASSESSMENT If all employees followed established Cal/OSHA compliance procedures to accomplish their job tasks, the probability of an accident would be minimal and, should an accident/incident occur, the probability of severity would be. minimal. In spite of the above, a formal hazard identification and risk assessment process is in place to identify potential hazards. We will use area specific analysis/inspections utilizing JSA's and JHA's which are useful only if all employees are actively involved in the process. All employees must be actively involved in our formal hazardous identification process. All hazards identified will be reviewed by all employees concerned. The hazard identification process will be used for routine and nonroutine activities as well as new processes, changes in operation, products, or services as applicable. Hazards will be classified and ranked based on severity of possible injury and probability that an accident will occur. Our procedures are as follows: The supervisor, working with employees and subcontractors who actually perform a task will use a worksheet for that task listing all components of the task. Working together, they will list all things that could go wrong resulting in an accident. Finally, specific steps will be developed to eliminate the probability of an accident, These steps will be transferred to our task analysis form which will be kept on the job site. An example is below: 20 DAVE COOK CONCRETE CONSTRUCTION O 2011 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use. qWq' /•W r��by/w• 0 i 0 44 N I^ 6a "g U N 0 M 3 a N i� O 0 0 RT N 0., N N .- Q. �" O `0 0 . c E N (D "-' 0 of O a) yO c3 CL M N a) �- 0 IX 0 LL ( •0 N Q3 0 c Z H If 11 II r N M N* ) WA O -1-a cu L W O �0) W 0 a) a) a) .,a t13 N U) O a) rn cu .Q Qi cu L. cu U N co "O N cu o C3 iv ..e a) (D X 0 W C'1 -'� ) WA O -1-a cu L W O �0) W 0 a) a) a) .,a t13 N U) O a) rn cu .Q Qi cu L. cu U N co "O N cu o qts :C L) rss m CL 0 CL d w � o rn � czm w 0 E 0 m rU O E as y a O d •� i'1 � R ❑. m M � C •� U 0 r.+ C W•`- N o-0 C x= ca m :o o2a>mE a 'A cE Co �� C � " m o o M O 0 � Or ( 0 a? O G 0 v a X00 93 W a> 4o E M C; 0 N Q AR� W � tCl `� E W c z C; 0 N The below is extracted from Appendix 1 to OSHA 3071 Job Hazard Analysis, Hazard Control Measures The order of precedence and effectiveness of hazard control is as follows: I. Engineering controls. 2. Administrative controls. 3. Personal protective equipment'. Engineering controls include the following: Elimination/minimization of the hazard -- Designing the facility, equipment, or process to remove the hazard, ror substituting Processes, equipment, materials, or other factors to lessen the hazard; Enclosure of the hazard using enclosed cabs, enclosures for noisy equipment, or other means; Isolation of the hazard with interlocks, machine guards, blast shields, welding curtains, or other means; and Removal or redirection of the hazard such as with local and exhaust ventilation. Administrative controls include the following: Written operating procedures, work permits., and safe work practices; Exposure time limitations (used most commonly to control temperature extremes and ergonomic hazards); Monitoring the use of highly hazardous materials; Alarms, signs, and warnings; Buddy system; and Training. Personal Protective Equipment -- such as respirators, hearing protection, protective clothing, safety glasses, and hardhats -- is acceptable as a control method in the following circumstances: When engineering controls are not feasible or do not totally eliminate the hazard; While engineering controls are being developed; When safe work practices do not provide sufficient additional protection; and During emergencies when engineering controls may not be feasible. Use of one hazard control method over another higher in the control precedence may be appropriate for providing interim protection until the hazard is abated permanently. In reality, if the hazard cannot be eliminated 24 DAVE COOK CONCRETE CONSTRUCTION SECTION I 9 2011 U.S. Compiianee Systems, Inc. (888) 475.5353. Permission is granted to copy for internal use. entirely, the adopted control measures will likely be a combination of all three items instituted, simultaneously. By dedicated assignment, appropriate documentation of completion, and implementation of controls, the above methods and procedures ensure identified hazards are addressed and mitigated. All employees will be training in the hazard identification process including the use and care of proper PPE. Part of our review process of all identified hazards and the corrective measures to eliminate them will be a concentrated effort to ensure that the corrective measures do not create hazards in and of themselves. This review process will involve the Safety Director, supervisors, the employees, and subcontractors ENFORCEMENT It is expected that all employees will abide by our safety rules and guidelines not only to protect. themselves, but also to protect their fellow workers from harm. Should a safety violation occur, the following steps will be taken by the employee's immediate supervisor: a. Minor Safety Violations: Violations which would not reasonably be expected to result in serious injury. 1. The hazardous situation will be corrected. 2. The employee will be informed of the correct procedures to follow and the supervisor will ensure that these procedures are understood. 3. The supervisor will make a written report of the occurrence using our Enforcement Documentation Form and inform the employee that this documentation will be forwarded to the Safety Director for a retention period of one year. 4. A repeat occurrence of the same minor safety violation is considered substantially more serious than the first. b. Major Safety Violations: Violations which would reasonably be expected to result in serious injury or death. 1. The hazardous situation will be corrected. 2. The employee will be informed of the correct procedures to follow and will impress upon the individual the severity of the violation and the likely consequences should this type of violation be repeated. The supervisor will ensure that the individual understands the 25 DAVE COOK CONCRETE CONSTRUCTION SECTION I O 2011 U.S. Compliance Systems, Inc. (888) 475-5353: Permission is granted to copy for internal use. correct procedures and will be cautioned that a reoccurrence could result in disciplinary action up to and including discharge. 3. -The supervisor will make a written report of the occurrence using our Enforcement Documentation Form and inform the employee that this documentation will be forwarded to the Safety Director. for a retention period of one year. c. Willful Ma"or Safetv Violations: Intentional violation of a safety rule which would reasonably be expected to result in serious injury to the employee or a fellow worker. 1. The hazardous situation will be corrected. 2. The employee will be removed from the job site, the event will be documented and forwarded to the Safety Director, and the employee will be discharged. Employees are to understand that the primary purpose of documenting safety violations is to ensure that the important business of employee safety is taken seriously and that the potential for injury is reduced to the lowest possible level. Schedule of Enforcement Actions for Violations within a 1 Year Period Minor Violation enseAction Action Re eat of Same Offense Action 1st Written Notice 1st 1 Da Off 2nd Written Notice 2nd 3 Da s Off 3rd 1 Da Off 3rd Dismissal 4th 2 Da s Off 5th 3 Das Off 6th Dismissal Major Violation Offense Action Re eat of Same Offense Action 1 st Written Notice 1st 4 Pays. Off 2nd 2 Da s Off 2nd Dismissal 3rd 4 Days Off 4th Dismissal HAZARD ASSESSMENVENFORCEMENT RECORDKEEPINC .lob Site Checklists, Hazard Assessments, and Enforcement Documentation will be maintained for a period of one (1) year. 26 DAVE COOK CONCRETE CONSTRUCTION SECTION I Q 2011 U.S. Compliance Systems, Inc. (888) 475-5353. Permission is granted to copy for internal use. PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Greek's Concrete (hereinafter referred to as the "Contractor"). RECITALS,- WHEREAS, ECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide concrete, sidewalk, and curb and gutter maintenance and repairs; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work, The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term, This Agreement shall commence on January 1, 2012. This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget .for concrete maintenance, payable at the rates as set forth in Exhibit "B" attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor, The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City ATTACHMENT 2 will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees: Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions. of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a -written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto stall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Farniriarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that. (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law• E-Verif . 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at ht!p://www.uscis.gov, or access the registration page at htt s.//e-verif .uscis. ov/enroll/, Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Not Applicable. Section 12. Not Applicable. Section 13. laqpmnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold Harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or' independent contractors hired by 3 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance, On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14,2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 18 14.4 Proof of Insurance Requirements/Endorsement. Priorto beginning any work under this Agreement, Contractorshall submitthe insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5. Notice of CancellationlTermination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. r 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Greek's Concrete 305 Calle Empalme San Clemente, CA 92672 Section 17. Prevailing Wa es. The CITY has been. advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire A reement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk , .....'0TCelli .... CITY OF SAN JUAN CAPISTRANO By: Karen P. Brust, City Manager CONTRACTOR By: 7 SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required, to identify, remove, and repair concrete, sidewalk, and curb, and gutter services and repairs in those areas designated by the Public Works Director or authorized representative and to leave the grounds in a neat condition. The scope of the concrete, sidewalk, and curb and gutter services and repair work may vary according to need. This contract covers concrete, sidewalk, and curb and gutter services and repairs. improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works. Director or authorized representative. Pro_gress of Work Work shall proceed in an. orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves. the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work. as may be deemed necessary or advisable by the City. The Public Works. Director or authorized representative may make such .alterations or deviations, additions to, or omissions from these specifications, as, may be determined during the progress of the work to be necessary and advisable for the. proper completion thereof. Such alterations or deviations, additions oromissions shall in no way affect or make. void the contract. Upon written order of a Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. P iWAMII i�l Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing Form Contractor shall provide. a billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORK All work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. The Contractor shall construct concrete improvements per the City of San Juan Capistrano Standard Plans as shown on Attachment 5. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Warks Director or authorized representative. The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held. liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or authorized representative. The Contractor shall monitor freshly placed concrete improvements for the length of time necessary to prevent defacing of the concrete by graffiti, feet, handprints, or other. The Contractor shall be responsible for repairs or replacement of new improvements which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings that are removed in the course of the work. The markings shall be replaced in-kind at the cost of the contractor. 2 Sidewalk Grinding This work shall consist of grinding cement concrete sidewalks, curb, gutters, and spandrels as directed by the Public Works Director or authorized representative. Grinding of sidewalks, curb, gutters, and spandrels shall be performed to eliminate trip hazards, or to remove raised areas impeding the flow of water, at locations which have a maximum vertical displacement of up to 1 Y2". Locations which have vertical displacements in excess of 1 '/" shall be noted and no grinding will be permitted. Location will be noted on a report to the Public Works Director or authorized representative for consideration of replacement. Grinding shall be performed with abrasive grinding equipment utilizing carbide butting blades and shall be performed so that the sidewalk surface on both sides of the transverse joint or crack has essentially the same texture and does not vary from a true plane enough to permit a 0.3 cm shim 10 cm wide to pass under a straightedge laid on the finished surface parallel with the centerline. Transverse slope of finished surface shall also be uniform. k Length of the grind shall vary from a minimum of 4" for a Y2" differential to a minimum of 12" for 1 Y/" differential, or as directed by the Public Works Director or authorized representative. Width of the grind shall extend the entire width of the sidewalk. Residue from grinding operations shall be picked up by means of a vacuum attachment to the grinding machine and shall not be allowed to flow across the sidewalk nor be left on the surface or surrounding landscape of the sidewalk. Residue shall be properly disposed of by the Contractor away from the construction site and in accordance with applicable laws and regulations. A location is defined as one sidewalk joint a maximum of 5' wide. Typical locations will be 4'-6' wide. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements. and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annualtraining regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required. training on stormwater regulations and the BIAP's, and acknowledgement of adherence to these standards while performing work at the City. When saw cutting, all water and residueshall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES).. Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities, When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through USA (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an .adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra Work 1, Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances; accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials, plus a markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. 4 Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges'that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly. it shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing. private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities •shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following. Monday. Withholdinq, of Payment . If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. if Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due,, for work not performed, will be based upon. the bid worksheets, which are to be submitted at the time of bid. Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week. 51 GENERAL PROVISIONS REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM Monday through Friday. During emergencies, work may be required, at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) . Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sob-mcontractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved; and with California Labor Code Section 1770 et seq., including the keeping of all records required by.the provisions of Labor Code Section 1770 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant .with rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required, Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal. Prices; Statement of Experience, Statement of Equipment, List of Sub- ContractorsNendors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. 1) At any time prior to Proposal date; Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. m) Contractor shall protect any and all' private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. P) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or. material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in. and by the terms of the contract, notice thereof in writing shall be served upon him. Should he/she neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all times while engaged. in the performance of their duties and maintain good bearing. and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. 2 (b) ' Laborer Attire The Contractor shall require each of his{her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or .insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with concrete forming, laying, finishing and rolling, grading; operating a variety of hand and power tools for purposes of maintaining public facilities and operating ; equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the concrete construction field. (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (0 Knowledge and Abilities The Contractor's representative shall have a general knowledge of the concrete construction industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and : furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor small display the name of their firm on any/all vehicles used or otherwise .by the Contractor's 'employees. The firm name shall be in letters large enough to be easily legible from a .distance of fifty (50) feet during the course of their work. 3 (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not bestored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. MATERIALS The Contractor -is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written. authorization from the Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with. the Public Works Director or an- authorized representative weekly as to (1). schedule of work, (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE,—ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s). to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. 4 Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working -hours. The response to an emergency calf -out by the Contractor shall not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatmont/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. 5 MIN*] r * A CONCRETE SIDEWALK AND CURB AND GUTTER MAINTENANCE AND REPAIR SERVICES From: f5 C'e,6,, 7z - CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described,. examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance With the C,nnfrart f')nr.i cm¢nfic fnr f -h,= fnilniaainn- Concrete Flat Work 5.F. Remove and Replace Concrete (4'` Thick) Less Than 100 S.F. 'Remove and Replace Concrete (4" Thick) 101-250 S.F. Remove and Replace Concrete (4" Thick) 251 S.F. - 400 S.F. Remove and Replace Concrete (4" Thick) Over 400 S.F. Concrete Work Curb & Ginter $LL.F. Remove 6" Curb and 18" Gutter - Remove 8" Curb and 24" Gutter 11 [Construct Type A Curb Construct Type 8 Curb Construct 6" Curb and 18" Gutter$ Construct 8" Curb and 24" Gutter , Grinding L L.F. Asphalt Grinding (>2ft. Wide) Asphalt Grinding (<2ft. Wide) Concrete Grinding (>2ft. Wide) Concrete Grinding (<2ft. Wide) _ Y3 Emer enc .Work-Hourl Rate - $/per hour Unit Price Per Figur For the First Two Hours Unit Price Per Hour For i ac Hour Thereafter Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance, also, the performance and completion of all the work in the manner set forth, described and shown in the. Specifications for the work. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work on November 1, 2011. (if an individual, so state. if a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm President, Secretary, Treasurer, and Manager thereof.) Dated: Dated: —4 3 41 Dated: -*Y-3* 611E �/4' Name Business Address 70 & 7� Telephone Number Contractor's License # Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein. Dated: Dated:*=3A�l — Dated: Name Business Address Telephone Number Contractor's License # STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS. PART OF QUOTATION. PROPOSER'S NAME COMPANY NAME 0 012 k X011 USINESS ADDRESS 3. BUSINESS TELEPHONE NUMBER KP BUSINESS E-MAIL ADDRESS I - List at least six (6) Contracts of a similar type - either currently hold or held within the past 24 months. PERIOD OF CONTACT CONTACT NAME CONTRACT 'PUBLIC PUBLIC PCGE NI: AND PHONE FROMITO FROMITI AGENCY/COMPANY Y N NUMBER NUMBER CONTRACT AMOUNT C / 2-4211 g4%,fo 4 (P I - J17- 5 Jit r P 0 4� /PI -40. 'Pip P ry Signifue 7-- 7 Company 06 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Proposer's Name Company Name Business Address -ezl6Z-z73 Business Telephone Number List equipment owned by- the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Signature Company LIST OF SUBCONTRACTORSNENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Proposer's Name Company Name 2. Business Address 3. e � Business Telephone Number Name Address Phone Type of Work Signature/ Company CERTIFICATION OF COMPLIANCE STATE OF CALIFORNIA PREVAILING WAGE LAW REQUIREMENTS The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq.,, including the Keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to' enforce the same as against the CONTRACTOR. 1= understand that I shall be responsible for compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of records required by the provisions of Labor Code Section 1776 and with implementation of administrative regulations. Date Name and Title Company Name s — Contractor's License # GREEK'S CONCRETE Safety and Injury and 111ness Prevention Program Safety Communications 1. Safety meeting are held once a month or as needed per job. 2. All new employees are required to a review all safety standards and retain a good understanding of a safe work environment. 3. Review work site inspections 4. Review occupational accidents, causes and injuries 5. Review hazardous condition and how to avoid them b. Review the importance of a safe working environment and establishing a plan Hazard Assessment & Control 1. Supervisor assigned to over see jobs will have knowledge of hazards that exist on the jobsite, and conditions, equipment and procedures that could be potentially Pardo s . 2. Per job a review of possible hazards, emergencies and concerns are discussed and a plan is put into place to address each item. 3. Procedures are put into place for correcting any unsafe/unhealthy conditions 4. Procedures are put into place for safe handling of tools and equipment S. Employees are required to inform supervisor of any possible hazardous situations G. Review Cal/OSHA standards and verify conpl.i.arace. 7. Feedback from employees is always encouraged. Safety &. Health 1. Each jobsite will be evaluated for safety and health issues 2. Review of inspection schedules, maintenance activities and facility layout per job 3. Review chemicals and identify there use per job 4. Review work practices of equipment, tools and protective gear per job Accident tnv1sti Zatioan 1. In the event of a on the job accident a report will be made by the supervisor to determine the cause. 2. The report should include the following; a. What happened ? b. What was the cause of the incident? c. What should be done? d. What action has been taken? 3 . This report will be used to prevent a reoccurrence of the accident. Emergency Medical Facility Designation and rrocefweSh-eet. EmMency Medical Procedures 1. In case of an emergency call 911 2. A list of care facilities is located in each vehicle Ener eMedical Facili Desi ations 1.San Clemente Hospital 654 Camino De Los Fres San. Clemente, Ca. 92672 949496-1122 2. Mission Viejo Hospital. 27800 Medical Center Dr. Mission Viejo, Ca. 949-364-1400 3. San Juan Urgent Care 32112 Camino Capistrano San Juan Capistrano, Can 92675 949-248-9797 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered. into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Tygor Construction, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide concrete, sidewalk, and curb and gutter maintenance and repairs; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on January 1, 2012, This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of tete Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for concrete maintenance, payable at the rates as set forth in Exhibit "B» attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City ATTACHMENT3 will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontractin and Assi nment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of'the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All.persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 5. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover.any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 7 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at hftp://www.uscis.gov, or access the registration page at https://e-verifv.uscis.gov/enroll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 14. Conflicts of interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Not Applicable. Section 12. Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired . by 3 Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all Ittability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence. ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 12 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. ' 14.5 Terms of Compensation.. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then.the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process 61 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Greek's Concrete 305 Calle Empalme San Clemente, CA 92672 Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR`s compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. ` Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement.,... This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to.the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 101 IN WITNESS'WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: a Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO Ws 7 Karen P. Brust, City Manager SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, remove, and repair concrete, sidewalk, and curb and gutter services and repairs in those areas designated by the Public Works Director or authorized representative and to leave the grounds in a neat condition. The scope of the concrete, sidewalk, and curb and gutter services and repair work may vary according to need. This contract covers concrete, sidewalk, and curb and gutter services and repairs. Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works. Director or authorized representative. Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the. work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be, determined during the progress of the work to be necessary and advisable for the. proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract.. Upon written order of a Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased. or altered. Acceptance of Work. Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing Form Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORK. All work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition, The Contractor shall construct concrete improvements per the City of San Juan Capistrano. Standard Plans as shown on Attachment 5. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds. shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held. liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. The Contractor shall provide traffic control per the Work Area Traffic Control Handbook (W.A.T.C.H. Manual), subject to approval by the Public Works Director or authorized representative. The Contractor shall monitor freshly placed concrete improvements for the length of time necessary to prevent defacing of the concrete by graffiti, feet, handprints, or other. The Contractor shall be responsible for repairs or replacement of new improvements which have been defaced. The Contractor shall be responsible for the replacement of any pavement markings that are removed in the course of the work. The markings shall be replaced in-kind at the cost of the contractor. 2 Sidewalk Grinding This work shall consist of grinding cement concrete sidewalks, curb, gutters, and spandrels as directed by the Public Works Director or authorized representative. Grinding of sidewalks, curb, gutters, and spandrels shall be performed to eliminate trip hazards, or to remove raised areas impeding the flow of water, at locations which have a maximum vertical displacement of up to 1 ,2". Locations which have vertical displacements in excess of 1 Y2" shall be noted and no grinding will be permitted. Location will be noted on a report to the Public Works Director or authorized representative for consideration of replacement. Grinding shall be performed with abrasive grinding equipment utilizing carbide butting blades and shall be performed so that the. sidewalk surface on both sides of the transverse joint or crack has essentially the same texture and. does not vary from a true plane enough to permit a 0.3 cm shim 10 cm wide to pass under a straightedge laid on the finished surface parallel with the centerline. Transverse slope of finished surface shall also be uniform. Length of the grind shall vary from a minimum of 4" for a Y2" differential to a minimum of 12" for 1 Y2" differential, or as directed by the Public Works Director or authorized representative. Width of the grind shall extend the entire width of the sidewalk. Residue from grinding operations shall be picked up by means of a vacuum attachment to the grinding machine and shall not be allowed to flow across the sidewalk nor be left on the surface or surrounding landscape of the sidewalk. Residue shall be properly disposed of by the Contractor away from the construction site and in accordance with applicable laws and regulations. A location is defined as one sidewalk joint a maximum of 5' wide. Typical locations will be 4'-6' wide. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees .working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these standards while performing work at the City. When saw cutting, all water and residue shall be detained and vacuumed prior to entrance into the storm drain. Vacuumed construction water shall be properly disposed of. The Contractor is subject to severe fines and penalties should he/she allow construction water to enter the storm drain or creek system. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). , Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requestsshould be requested through USA (1-800-422-4133). Contract Termination If at any time, in the opinion of the Public Works Director orauthorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra. Work 1. Extra work will not be performed without prior approval by the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director or authorized representative as a result of acts of Cod, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials, plus a markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of.the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. 4 Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Property The Contractor must. remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities -shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon. the bid worksheets, which are to be submitted at the time of bid. 5 Meetings Contractors shall provide the Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week. GENERAL PROVISIONS REQUIREMENTS PERSONNEL EQUIPMENT MATERIALS AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply 'a list of references for similar work performed. e) Contractor will be required to supply list of sub -contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and. with California Labor Code Section 1770 et seq., including the keeping of all records required by.the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant .with rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List of Sub- Contractors/Vendors and all provisions noted in the Instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. l) At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. M) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director; or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he/she neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. (b) ' Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with concrete forming, laying, finishing and rolling, grading; operating a variety of hand and power tools for purposes of maintaining public facilities and operating ; equipment. (d) Experience Supervisors/foremen shall have a minimum of five (5) years of experience in the concrete construction field. (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The Contractor's representative shall have a general knowledge of the concrete construction industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and : furnish all equipment necessary. for the satisfactory performance of the work set forth in. this contract. (a) Vehicles. Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractors employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. 3 (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. MATERIALS The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written. authorization from the Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE ELECTRONIC MAIL AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate ars emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this.purpose) during normal City working''hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working -hours. The response to an emergency call -out by the Contractor shall not be more than two (2) hours and shall be. considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. 5 Igaolaoma CONCRETE SIDEWALK AND CURB AND GUTTER MAINTENANCE AND REPAIR SERVICES From: To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed Work as described,, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar With all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance With the Contract Documents for the following: Concrete Flat Work - S.F. Remove and Replace Concrete (4" Thick) Less Than 100 S.F. Remove and replace Concrete (4" Thick) 101-250 S.F. Remove and Replace Concrete (4" Thick) 251 S.F. - 400 S.F.(9 Remove and Replace Concrete (4" Thick) over 400 S.F. Concrete Work Curb & Gutter L.F. ' Remove 6" Curb and 18" Gutter ( . Remove 8" Curb and 24" Gutter ( .co Construct Type A Curb 22 Ob Construct Type B Curb Construct 6" Curb and 18" Gutter Construct 8" Curb and 24" Gutter , CSO Grinding L.F. Asphalt Grinding (>2ft. Wide) Asphalt Grinding (<2ft. Wide) Concrete Grinding (>2ft. Wide) Concrete Grinding (<2ft. Wide) _ Emer en Work -Hour/ Elate $%per hour _ Unit Price Per Hour For the First Two Hours Unit Price Per Hour For Each Hour Thereafter 2 Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work on November 1, 2011. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) -! Dated: , -jF� ...._— Name Dated: 9- I2 - E Business Address.�� Dated: - t -1�0m 1 Telephone Number Contractor's License # Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute ,his/I ler proposal for the work C,d =out herein R - - _a,. a Dated: - ('- t Name Dated: 1'2- -11 Dated: OA - 12- -. ! t �Soo Imou Imoifon Business Address -h-1 - -1- . $& . Telephone Number 241 t4S Contractor's License # Cn STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. PROPOSER'S NAME COMPANY NAME 2. �2�00 ...0004DO T-3 Lbouno BUSINESS ADDRESS . , 05 BUSINESS TELEPHONE NUMBER SAC)a) ael cc)rn BUSINESS E-MAIL ADDRESS 1. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. at 2 & PERIOD OF CONTRACT (FROMITO PUBLIC AGENCY/COMPANY CONTACT NAME AND PHONE NUMBER CONTRACT AMOUNT 2DI Fri -0 14L3 P1 nee&)'C�, &b IW, OC)o mafc�h 0� / prnenf sue,, 01D 0 (P PY AocAvOLO HerticAOO D 0 j C)Do 11; am L �)Ork 412 540G Su� cto Signature 6�any 4 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Propose Business Address i - -7-70- 3j b5 Business Telephone Number List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. I Signature �- �t L CO ��y 5 Tygor Construction Equipment List Ford F-350 Crew Truck 2005 Ford F-350 Crew Truck 2004 Ford L-9000 Dump Truck 1996 John Deere Skid Steer 2010 130 Air Compessor Ingersall Rand,252880 72" Bucket Smooth. Mikita Jump Jack Compessor WPI 550 Vibra Plate Wacker, 5123744 WP 1550 Vibra Plate, Wacker, 5123746 Skiploader Concrete Planner CPM89H,13549 Berm. Machine MC650,J12531 LeeBoy Paver 8500, 2570 Hamm HD 12 Roller, LIST OF SUBCONTRACTORSIVENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. CA)v i S la Proposer's Name 2. rll'bR M Business Address Co who � 1, w 3. (05 Business Telephone Number Address d Name Phone Type of Work k 11 w.j M). Pr) -%IS q5I -(v%5-22c)0 Contv-4e- '6UPO' Amer -wf) SWOSA. cula CA, q26Ci!S I.-1 e--Tbw 1 2 SAf tno t CJSe-Llo LMO \�ice q5I-1-NP--7w-T Stu P-fee:15"(m) LD 6-21cm's g 13552 Obit me,,n NJvj,.. '-luancA..A. 92-;Sgg q0q -q4,�,-cdo �At(ek- &inc Ewles ��66CP bm 5-7S C11 ��Q�D -114, S9 4�1%,� Si�eare ' ' w 1 C --LL L Cohip&y R CERTIFICATION OF COMPLIANCE STATE OF CALIFORNIA PREVAILING WAGE LAIN REQUIREMENTS The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. �e� V, 1_� IA i� t� understand that I shall be responsible for compliance in all respects with the prevailing wage rates to all the laborers involved, and with. California Labor Code Section 1770 et seq., including the keeping of records required by the provisions of Labor Code Section 1776 and with implementation of administrative regulations. ° $ fV. Date Name and -rifle' Ca any Name -7 iT� Contractor's License Attachment 4 00 0 ca 0 0 0 o 0 o D o o 0 a a b O O n n 0 Lrn Ca L7 b V1 O O b. O Li 1 O O 00 [l'I N Ci' M aSl N N CS L,) b O N N ci to rli M Kt w} v}t/1. a!H to �fY +✓r a/T i!} +h to O N Cu 0. K Q 0n C? C:, 0 n n 0 Ca c? b o Cla o p c� o 0 0b 0 0 .-+ w Lo l0 u1 W is C.4W C7 C> 00 l0 t1l Lri Cj N r -Y " r� N -i4 N t,} i, QJ- n tq w V/ p r-! r -i U} t-€ V). t4 ri ri Lu V z 4n ,I o u � � vvv�ssslll LU LL! 4^ w CJ O O O O O O O Q p p 0 0 Cl O O O O O O O O p C> CJ Q p 0 0 CJ n n z Cl M W r- Ln Ln (:? C Ln 111 M LA to ul C,3 r vm +> u �r Ln �r M Lo w n n n n p O Y � O Q u LU fl J ti Ln d O m c r C) Y a M N G 7 groj P- h-- F•- O if- mIL v v ta C. i iz p u L) u u � N •L �. W lJ V u U rs E9 0 CL Cz Q Q Cx] O O v v Ci N cc .a .a v v i�0 C6 a CL v v H QC M c uj m r3 M M in m u v v (D 0 v w Qs 31 v v v v y q) u O L1 w d a. 0 E E E E C v v v v Cif 11 C, L7 p 0 C3 G tl. t• LG LC Co Cj V V V Q Q u V 7 Attachment 4 32400 F tAS O ADE Ldp NTO SAA! JUAN CAPISTRANO, CA 92..675 (949) 493-1171 (949) 493-1053 FAX IR wyvsanjddCZPt('Cpivtrano.oCir MF-M©CRS OF THE. CITY COU14CIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEW1 O LA IRA PNEE SE LARRY KRAM..R DrREK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, October 18, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Personal Services Agreements for Concrete, Sidewalk, and Curia and Gutter Maintenance and Repairs (Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc.)„ - Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Monday, October 17, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Jill Thomas, Senior Management Analyst. You may contact that staff member at (949) 443-6352 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org, If you would like to subscribe to receive a. notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(a)-san uancapistrano.orq, Maria Morris, CMC City Clerk cc: Dave Cook Concrete Construction, Inc.; Greek's Concrete; and Tygor Construction, nc. San ,.hfa £ 1 �.1� Pa.dP7d�, '}� 3 � "I'7 ,y 0,?, a.5'C` to }`v!?arcx ,hk` ,` IIvry 2.400 PASED AcaELANTO SAN JUAN CAPISTRANO, CA 92675 (549) 493-1171 (949) 493-1 OSS FAx WWW1org ***REVISED MEETING DATE*** MEMBERS OF THE CITY COUhICIL SAM ALLPVAT'0 LAURA FREESE; 1.A3 MY KRAMER DEREK RCFV2~ �IJHN TAYLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m, on Tuesday, November 1, 2011, in the City Council. Chamber in City Hall, to consider: "Consideration of Personal Services Agreements for Concrete, Sidewalk, and Curb and Gutter Maintenance and Repairs (Dave Cook Concrete Construction, Inc., Greek's Concrete, and Tygor Construction, Inc.)". - Item No.. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Monday, October 31, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Jill Thomas, Senior Management Analyst. You may contact that staff member at (949) 443-6362 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit clerk san'uanca istrano.or . . Maria Morris, CMC City Clerk cc: Dave Cook Concrete Construction, Inc.; Greek's Concrete; and Tygor Construction, Inc. ., to $ J,�, nl- C apisf.. fit: "ol. �- t,'r"'l•°dT,s Sm t 1'a,' � nl� , mve Funtre Chris Jakl From: Christy Jakl Sent: Tuesday, November 08, 2011 2:37 PM To: Jill Thomas Subject: Nov 1st City Council Agreements (Rohan & Sons, Tygor & Greeks) Attachments: Rohan & Sons Agreement.pdf; Tygor Agreement.pdf; Greeks Agreement.pdf Hi Jill Attached are the approved agreements for Rohan & Sons, Tygor Construction and Greek's Concrete. Thanks! i Christi J akl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax i; 32400 PASE:O AOELANTO MEMBERS OF THE CITY COUNCIL SAN .JUAN CAPISTRANO, CA 92675 liis SAMALLEVATO (949)493-1171 (949) 493-1053 FAx . IotaavoRAnO LAURA FR ESTN6[i3NE[€ � I9Gt LARRYlCRAMEAMER www.sanf uanCaplstrano,oT DEREK REEVE JOHN TAYLOR TRANSMITTAL im Tygor Construction 23011 Moulton Parkway, #J-3 Laguna Hills, CA 92653 DATE. November 8, 2011 FROM, Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement -- Concrete, Sidewalk, Curb and Gutter Maintenance and Repair Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Jill Thomas, Senior Management Analyst at (949) 443-6362. An original agreement is enclosed for your records. Cc: Jill Thomas, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhanee the Future Printed on 100% recycled paper