14-1007_DOTY BROTHERS CONSTRUCTION COMPANY_Personal Services Agreement PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this day
of ' 2014, by and between the City of City of San Juan Capistrano (hereinafter
referred to as the "City") and Doty Bros. Construction Company(hereinafter referred to as
the "Contractor").
RECITALS:
WHEREAS, City has on an unscheduled and irregular basis failures or damage to
its water, sewer, and storm drain systems which require immediate repair to prevent loss of
service, or prevent further damage to property; and,
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to Provide On-Call Water Sanitary Sewer, and Storm Drain Maintenance Repair,
and Replacements Services; 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 be determined by the need
at the time of an event. The work selected will be taken from those equipment and labor
options as set forth in Exhibit "A," described as the Contractor's Labor and Equipment
Rates Schedules; attached and incorporated herein by reference. The procedures for
requesting the services of the Contractor will be as described in Exhibit "B," described as
the General Terms and Conditions. The Contractor agrees to perform the work as needed,
when needed, for as long as needed, with no guarantee that its services will be employed
in the course of the Agreement. To the extent that there are any conflicts between the
provisions described in Exhibit "A," Exhibit "B" and the provisions contained within this
Agreement, the provisions in this Agreement shall control.
Section 2. Terra.
This Agreement shall commence on the effective date and shall terminate, no later
than three and one-half years after the effective date unless the City and the Contractor
agree to extend the contract.
Section 3, Compensation.
3.1 Amount.
The total amount of work offered in this contract is not to exceed $120,000 per year
without an amendment.
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WATER,SEWER,and STORM DRAIN SYSTEM ON-CALL REPAIR,AND REPLACEMENT AGREEMENT;
Doty Bros. Construction Company
3.11 Labor and Equipment
The City agrees to pay the Contractor for Labor and Equipment used, based on rates
quoted in Exhibit "A." These labor and equipment rates are all inclusive of all costs of
providing these services, and the City will not pay any additional markup or charges. The
City may augment the Contractors forces with its own, and may choose to direct the work
with its own supervisors. The Contractor will not receive any additional compensation in
this event.
3.12 Materials and Hardware
The City agrees to pay the Contractor for any materials and or hardware purchased by the
contractor, on behalf of the City, based on the invoice of the Material Supplier plus 15%.
This percentage covers all costs of the Contractor related to the purchasing and delivery of
materials or hardware. The City may have on site, or may purchase and deliver to the site
materials and hardware for the Contractors use. In this event the Contractor will not
receive any additional compensation for this material or hardware provided by the City.
3.13 Sub-Contractors, Second Contractors
If the City determines that the services of a specialty Sub-Contractor are required, the City
and the Contractor will agree on the scope and the work before the Sub-Contractor is used.
If a Sub-Contractor is used, the City agrees to pay the Contractor for any Sub-Contractor
work, materials and or hardware used by the Sub-Contractor, on behalf of the City, based
on the invoice of the Sub-Contractor plus 15%. This percentage covers all costs of the
Contractor rated to the use of any Sub-Contractor materials or hardware. The City may
have a Sub-Contractor or Second Contractor on site to work on the job. In this event the
Contractor will work with the Sub-Contrator or Second Contractors but will not receive any
additional compensation for the labor, equipment, material, or hardware provided by the
City's Sub-Contractor, or Second Contractor.
3.14 Additional Markups.
The City will NOT pay the contractor any additional markup for handling, overhead,
management, office administration, profit, taxes, insurance, fuel, maintenance, storage or
other expenses; as they are considered to be covered by the above terms.
3.15 Travel and Assembly Time.
The City and the Contractor will agree on the on the length of travel time allowable for each
event based on the timing and circumstances of the event requiring the services of the
Contractor.
3.16 Work by Management Personnel.
Project Management Personnel working as Forman, Operating Engineers, Teamsters, or
Laborers will be paid as such.
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WATER,SEWER,and STORM DRAIN SYSTEM ON-CALL.RPPAIR,AND REPLACEMENT AGREEMENT;
Doty Bros. Construction Company
3.17 Fines and Penalties.
Notwithstanding the payment terms of this Agreement, the City will NOT pay the contractor
the cost of fines, penalties or other costs resulting from the Contractors failure to obey
applicable laws in the execution of its assigned work,
3.2 Method of Payment.
Subject to Section 3.1, Contractor shall submit invoices within a month or
completion of any work based on total services which have been satisfactorily completed
for such monthly period. The City will make payments based on approved invoices in
accordance with this Section, within 30 days of submission.
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.
3.4 Inflation Adjustments.
One year after the effective date of the Agreement, the amounts given on
Exhibit 'A" the Contractor's tabor and Equipment Rates Schedules will be adjusted for
inflation based on the change in the California Consumer Price Index at the end of each
year the Agreement is in force.
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. Charges 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,
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WATER,SEWER,and STORM DRAIN SYSTEM ON-CALL REPAIR,AND REPLACEMENT AGREEMENT;
Doty Bros. Construction Company
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Contractor warrants that: (1) it is familiar with the
work to be performed and the manner with which it proceeds; (2) it is familiar with the
conditions which it may expect to encounter, 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.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 3. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
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. [RESERVED.
Section 12. [RESERVED].
Section 13. Indemni .
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
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.
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WATER,SEWER,and STORM DRAIN SYSTEM ON-CALL REPAIR,AND REPLACEMENT AGREEMENT;
Doty Bros. Construction Company
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. The Contractor's insurance will cover its Sub-Contractors. 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,
Workers' 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.
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WATER,SEWER,and STORM DRAIN SYSTEM ON-CALL REPAIR,AND REPLACEMENT AGREEMENT;
Doty Bros. Construction Company
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.
14.6 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
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Keith Van Der Maaten, Public Works and Utilities Director
To Contractor: Doty Bros. Construction Company
11232 E. Firestone Blvd.
Norwalk, CA 90650
Section 17. Prevailing Wanes.
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
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WATER,SEWER,and STORM DRAIN SYSTEM ON-CALL REPAIR,AND REPLACEMENT AGREEMENT;
Doty Bros. Construction Company
the prevailing wage rates to all the laborers involved, and with California Labor Code
Section 1770 et seg., ,including the beeping 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.
Section 20, Counterparts and Facsimile signatures.
This Agreement may be executed bythe Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
Section 21. Non-Exclusive Agreement
The agreement is Nan-Exclusive. And, the City reserves the right to issue a similar of
identical Agreement to this Agreement, to two or more Contractors.
[SIGNATURE PAGE FOLLOWS]
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WATER,SEWER,and STORM DRAIN SYSTEM ON-CALL REPAIR,AND REPLACEMENT AGREEMENT;
Doty Bros. Construction Company
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN IUAN CAPISTRANO
By;
SaV,rAII vato — Mayor
CONTRACTOR
E
By.
ATfES 11
3
i
Maria Por �s, ° ity Clea
APPROVED AS TO FORM.-
,
r.,
Ha"ns VanLigten, City Attorney
8
WATER,SEINER,and STORM DRAIN SYSTEM ON-CALL REPAIR,AND REPLACEMENT AGREEMENT;
Doty Bros. Construction Company
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTI ANO
By:
Sam Allevate -- Mayor
CONTRACT
By:
Henn A, B berVice President
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO ORM:
Hans VanL!gten, City Attorney
WATER,SEWER,and STORM DRAIN SYSTEM CSN-GALL REPAIR,AND REPLACEMENT AGREEMENT;
Dusty Bros. Construction Company
BR'Oso
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Construction C®mpa60g
COST PLUS RATES
SOUTHERN CALIFORNIA
COST PLUS RATES EFFECTIVE JULY 1 2014 TO JUNE 30 2015
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Exhibit A
Construction Company
TER EQUIPMENT LIST AND RATES
SOUTHERN CALIFORNIA
COST PLUS RATES EFFECTIVE JULY 1,4010 TO JUNE 00,3014
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11232 E.Firestone Blvd.,Noma k,CA 90650 Phmc;(562)8646566 F.:(562)864-6052W W W.dotybm3.mm CA Lio.273024
GENERAL TERMS AND CONDITIONS OF THE WATER. SEWER. and STORM
DRAIN SYSTEM ON-CALL REPAIR, AND REPLACEMENT AGREEMENT
1. All work performed shall be completed in a competent manner according to standard
practices of the industry. All persons engaged in the work, including Sub-
Contractors, will be considered as employees of the Contractor. The Contractor will
be held responsible for their work. The City will deal directly with and make all
payments to the Contractor.
2. The Contractor shall continuously maintain adequate protection of all his work from
damage and shall protect the City's property from any and all injury or loss arising in
connection with the work assigned by this Agreement. The Contractor shall take all
necessary precaution for the safety of employees on the job and shall comply with
all applicable provisions of federal, state and municipal safety laws and building
codes to prevent accidents or injury to persons on, about or adjacent to the premises
where the work is being performed.
3. The Contractor shall comply with all applicable federal, state and local laws,
ordinances, regulations and codes and shall obtain and maintain throughout the
term of this Agreement, all required permits, certificates and licenses, including a
City of San Juan Capistrano's business license.
4. The Contractor shall be an independent contractor in performing services for the City
as part of the Agreement. Contractor and Contractor's agents, employees, Sub-
Contractors and other persons acting on the Contractor's behalf are not employees
of the City.
5. Contractor is required to possess a current City Business License prior to
commencement of work. Contractor shall possess a valid State of California Class
A (General Engineering)or C-36 (Pipeline or Mechanical) contractor's License.
6. Except as the City may specify in writing, Contractor and its agents, employees and
Sub-Contractors shall have no authority, expressed or implied, to act on behalf of
City in any capacity as agents or otherwise to bind the City to any obligation
whatsoever.
7. The Contractor agrees that all persons employed by Contractor shall be treated
equally by Contractor without regard to or because of race, color, religion, ancestry,
national origin, handicap, sex, marital status, or age and in compliance with all anti-
discrimination laws of the United States of America, the State of California, and the
City.
Exhibit Tto
SCOPE OF WORK
A. Perform as directed by the City on an On-Call basis: repair, replacement, and or
maintenance work on water, sewer, and storm drainage systems. The work may
involve scheduled or emergency work.
B. The work may occur during regular working hours, after hours, or on weekends.
When the City requires services it will simultaneously call one or more contractors to
perform the work. It will select one or more contractors to supply equipment,
personnel, and material based on the specific work, and the availability of the
needed equipment, personnel, and material from a single Contractor, Equipment
Supplier, or Material Supplier or in any combination.
C. Daily reports will be prepared and submitted to the City per section 3-3.3 of the
Green Book. All work will be performed in compliance with the City's standard
specifications and the requirements of the City of San Juan Capistrano.
D. The Contractor will be responsible for supplying all labor, equipment, and materials
as requested by City personnel to complete any job assigned by the City. The City
will call Underground Service Alert (USA) for utility locations prior to the start of
work. The Contractor shall verify the location of all utilities prior to construction and
shall be held liable for all damages incurred due to his/her operations. The City will
acquire all permits from the governing agencies as required.
REQUIREMENTS
A. Work will ordinarily be performed between the hours of 7:00 AM and 6:00 PM,
Monday through Friday. During emergencies, work may be required at other than
normal hours. The Contractor must receive the approval of the Utilities Director or
his/her authorized representative prior to commencing work during hours outside
those stated above.
B. Contractor shall provide the City with the name of a Forman, or Supervisor as a
contact person and a telephone number where he/she can be reached twenty-four
(24) hours a day. This person or their equivalent must be available for emergency
work scheduling at all times. Contractor shall be able to respond with a commitment
of available resources, by telephone, to work requests within one half hour of
notification by City. Contractor shall be able to deliver to San Juan Capistrano the
Labor, and Equipment within one hour of making a commitment under normal
circumstances.
C. All employees of Contractor shall wear a uniform or shirt that clearly identifies the
company.
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D. All employees of Contractor shall wear colored safety vests, helmets, eye and ear
protection as required by OSHA whenever working in or for the City.
E. 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.
PERSONNEL
The Contractor shall use and fumish all labor necessary for the satisfactory
performance for the work set forth in this contract.
A. The Contractor agrees to require his 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 City, the Contractor, when notified in writing, shall
cause that employee to be removed from the job and replaced by a satisfactory
laborer.
B. The Contractor shall require each of his employees to adhere to basic standards of
working attire. These are basically 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. Shirts shall be worn at all times,
buttoned and tucked in.
EQUIPMENT
A. The Contractor shall use and furnish, as requested by the City, equipment
necessary for the satisfactory performance of the work set forth in this contract.
B. Contractor shall display the name of his firm on any vehicles used by the
Contractor's employees to cant' supplies and equipment. The firm name shall be in
letters large enough to be easily legible from a distance of fifty(50)feet.
C. All equipment used by the Contractor shall be kept in a neat and clean appearance,
maintained in top mechanical condition and properly adjusted, from an operational
standpoint and from a safety standpoint.
D. The City will provide storage for Contractor's equipment while it is needed.
Equipment may be stored in the public right of way if it is safe, or may be moved to a
nearby site available to the City. The Contactor will remove the equipment from the
City upon the City's request to do so.
3
MATERIALS
A. The Contractor shall furnish all material, as requested by the City, for the
performance of the work.
B. The City will provide storage for Contractor's materials and hardware until it is
installed. Material and Hardware Equipment may be stored in the public right of way
if it is safe, or may be moved to a nearby secure site available to the City. The
Contactor will use Material or Hardware supplied by the City upon the City's request
to do so.
SUPERVISION
A. The Contractor shall provide such adequate supervision as to furnish continuous
surveillance of workmanship and adherence to schedules by the laborers performing
the work under contract.
B. The Contractor shall submit such reports as the City may require insuring
compliance with scheduled work.
C. The Contractor's field supervisor shall be onsite while work is in progress.
EMERGENCY MEDICAL FACILITY
A. The Contractor is required to designate a twenty-four (24) hour emergency medical
facility to provide emergency medical treatment/care for its Employees and the
Employees of its Sub-Contractors in the event of injury to any of the Contractor's
employees. It will be the responsibility of the Contractor's crew 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. The Contractor must provide the City with one (1) copy of the
"Proposer Emergency Medical Facility Designation and Procedure Sheet" at the
beginning of this Agreement, and every year there-after. The Contractor will also
maintain on file with the City a copy of its most current Illness and Injury Prevention
Plan (IIPP).
AUTHORIZATION OF WORK
A. Work will not be performed without prior approval and only as authorized by a City
representative.
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PROGRESS OF WORK
A. Work shall proceed in an orderly manner. Repair work shall be completely finished
prior to Contractor's re-assignment of Contractor's personnel. Any exceptions shall
be approved by the City representative.
ALTERATIONS
A. 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 City 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 this Agreement. Upon written order of a City
representative, Contractor shall proceed with the work as increased, decreased or
altered.
ACCEPTANCE OF WORK DONE
A. The City representative will make inspections and determine that the work has been
completed.
BILLING FORM
A. Contractor shall provide a billing form and progress payment form approved by the
City.
METHOD OF WORK
A. All sewer and storm drain work shall be performed per the Standard Specifications
for Public Works Construction (Green Book), Latest Edition.
B. All water system work shall be performed per the City's Standard Specifications for
Construction for Domestic Water and Recycled Water,Facilities, Latest Edition.
C. 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.
D. 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 City representative.
E. 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
5
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.
F. The Contractor shall provide street sweeping as directed by the City to meet the
requirements of the City of San Juan Capistrano National Pollution Discharge
Elimination System Program (NPDES).
G. The Contractor shall provide storm drain pollution protection per the City NPDES
Program.
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