Agenda Item 8 - CONSIDERATION OF CONTRACT AGREEMENT FOR SIDEWALK INSPECTION AND MAINTENANCE SERVICESAGENDA ITEM NO.8
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: February 1, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF CONTRACT AGREEMENT FOR SIDEWALK INSPECTION AND
MAINTENANCE SERVICES
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to negotiate and execute an agreement with Safe Sidewalks Incorporated
dba Precision Concrete Cutting for $240,000 annually, for a three-year term, with the option to extend for two
(2) additional one-year period, in substantially the form as attached and in such final form as approved by the
City Attorney;
2. Authorize the City Manager to negotiate and execute any amendments to the agreement.
BACKGROUND:
In July 2019 the California Joint Powers Insurance Authority (California JPIA) completed an Initial Risk
Management Evaluation (IRME) of the City of West Covina (Attachment 1).The IRME was conducted to assist the
City in addressing areas in which risk exposure or loss data support the need for change in operations or activity.
The IRME outlines the various areas of concern identified during evaluation by examining key areas of city
operations. IRME Action item 2019-039 requires that the City develop and implement formal inspection and repair
standards to guide the inspection and maintenance of sidewalks and related infrastructure features. This is
considered a best management practice.
The City of West Covina has over 235 miles of public streets, with the majority including concrete sidewalks. In
addition, the City has paved walkways and paths at City buildings, parks, and paseos. Over time, sidewalks,
walkways, and paths can become damaged or displaced, which can result in a barrier to accessibility and may result
in damage or injury to users.
Common damage to concrete walking surfaces is uplift caused by the growth of adjacent trees and settlement
caused by failure of the underlying oil. In such cases, the result may be a complete walkway with multiple cracks in
the concrete. In such cases, removal and replacement of the walkway is required.
To better understand, quantify, and address the poor condition of the City's sidewalks, walkways and curb ramps,
the Public Services Department would like to utilize the California JPIA's Master Services Agreement (Attachment
No. 3) with Safe Sidewalks Inc. https://safesidewalks.com/ dba Precision Concrete Cutting.
DISCUSSION:
The City is a California JPIA member and is allowed to directly enter into a contract with Precision Concrete
Cutting through the Master Services Agreement (Attachment 3). The Master Services Agreements allows members
to take advantage of favorable pricing related to sidewalk inspection and maintenance on an as -needed basis. These
services provided by Precision will mitigate dangerous conditions when sidewalk deviations occur.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the agreement as to form.
OPTIONS:
The City Council has the following options:
1. Approve Staffs recommendation; or
2. Provide alternative direction.
Prepared by: Renee M. G. Chavez
Fiscal Impact
FISCAL IMPACT:
The funds available for this project in FY 2021-2022 are as follows:
Project No. lFunds jAccount No. Amount
21031 ISidewalk Assessment & Repair 124.80.7005.7200 $240,000.0
Total $240,000.00
Attachments
Attachment No. 1 - California JPIA Initial Risk Management Evaluation
Attachment No. 2 - Agreement with Safe Sidewalks dba Precision Concrete Cutting
Attachment No. 3 - Master Service Agreement
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Maintain and Enhance City Facilities and Infrastructure
Enhance City Image and Effectiveness
Achieve Fiscal Sustainability and Financial Stability
LossCAP Program
Initial Risk Management Evaluation
City of West Covina
July 15 - 16, 2019
CAI H ORNIA
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City of West Covina Initial Risk Management Evaluation [2]
Table of Contents
Executive Summary...................................................................................................3
NewAction Items.....................................................................................................4
Records & Contract Management...............................................................................4
Occupational Safety & Health Programs......................................................................7
Human Resources...................................................................................................17
Fleet and Driver Management..................................................................................21
Infrastructure Management.....................................................................................
22
Parks and Playground Management..........................................................................29
Recreation and Community Services.........................................................................36
Law Enforcement Services.......................................................................................39
Fire Department Operations.....................................................................................41
ReportSummary .....................................................................................................42
AgencyExemplar....................................................................................................43
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City of West Covina Initial Risk Management Evaluation [3]
Executive Summary
This report contains the findings of an Initial Risk Management Evaluation (IRME) of the
City of West Covina. The evaluation was conducted by the California Joint Powers
Insurance Authority (California JPIA) on July 16, 2019.
The California JPIA extends its thanks to staff for their support and assistance in
completing this evaluation.
This report is designed to assist your agency in addressing areas in which risk exposure
or loss data support the need for change in operations or activity. This report is
arranged to outline the various areas of concern identified during the evaluation.
Specifically, the IRME, although not exhaustive in scope, does this by examining key
areas of your operations.
Action items made are drawn from information provided by agency staff and conditions
observed at the time of the evaluation and are measured against various applicable
statutes, regulatory codes, and Best Risk Management Practices. Best Risk Management
Practices (BRMP) are accepted in the professional community as those measures best
able to control risk exposure. BRMP do not have an associated regulatory requirement,
but are considered sound measures to reduce losses. Each action item may be
supported by a standard (statute, regulatory code, or publication) and/or resource, and
will be noted accordingly; otherwise, it is considered a BRMP. Your agency is
encouraged to act upon the findings contained herein, in a manner that is consistent
with their importance to your agency.
Risk management, loss control, and safety are daily responsibilities of your agency.
Visits and related efforts made by the California JPIA are not considered or intended to
supplant your agency's comprehensive risk management and safety programs.
Successfully managing risk ensures that your agency is able to reduce impact on key
areas of your operations, including services, personnel, and property.
Finally, we have included an Agency Exemplar at the end of the report to serve as a
guide to help our members better understand the elements of good risk management.
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of West Covina Initial Risk Management Evaluation [4]
New Action Items
Records & Contract Management
Action Item: 2019-001
Observations:
The following contract agreements were reviewed during the evaluation:
o The Los Angeles County Metropolitan Transportation Authority (LACMTA):
The agreement did not include the Evidence of Coverage and Additional
Insured Endorsements.
o San Gabriel Mountains Regional Conservancy - Operation and Maintenance of
the Galster Park Nature Program: The agreement does not require
sexual/physical abuse insurance. The contract should include sexual
molestation coverage as the contractor will be working with minor children.
The agreement did not include the Evidence of Coverage and Additional
Insured Endorsements.
o Busy Bee Home Day Care — Facilities Use Agreement: The agreement did not
require an Additional Insured Endorsement. The agreement did not include
the Evidence of Coverage.
o Merchants Landscape Services, Inc. — Landscape Maintenance: The
Certificate of Insurance provided was expired and it did not provide the policy
limits as required per the Agreement. The Agreement does not include
language pertaining to the inspection and maintenance of the playgrounds.
Include language in the Agreement outlining the Agency's playground
maintenance and inspection requirements.
o West Coast Arborists, Inc. — Tree Trimming: The agreement did not include
the Evidence of Coverage and Additional Insured Endorsements.
o Willdan Engineering — Professional Services Agreement: The agreement did
not include the Evidence of Coverage and Additional Insured Endorsements.
o Santa Barbara Transportation Corp. dba Student Transportation of America:
The contract expired 9/30/2018. If the agency is currently using the services
of this provider, a current agreement should be executed. The contract
should include sexual molestation coverage as the contractor will be working
with minor children. The agreement did not include the Evidence of Coverage
and Additional Insured Endorsements.
o Big League Dreams West Covina, LLC (BLDWC) — Maintenance and
Operations Agreement: The agreement did not include the Evidence of
Coverage and Additional Insured Endorsements.
o The Humane Society of Pomona Valley, Inc. dba Inland Valley Humane
Society & S.P.C.A. -The Animal Shelter & Animal Control Services Agreement:
The Agreement does not include an expiration date. The agreement did not
include the Evidence of Coverage and Additional Insured Endorsements.
o City of West Covina and LA County Sheriff's Dept - MOU Agreement: The
agreement was signed by West Covina's former Chief of Police on
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City of West Covina Initial Risk Management Evaluation [51
06/28/16. The Memorandum is to be reviewed at a minimum of once every
two (2) years.
Staff members indicated that insurance types and limits are not determined by
contract exposure.
Action Required:
Based on the observations made when reviewing the above contracts, the following
recommendations are made to enhance your agency's contract management efforts:
o Obtain certificates of insurance and endorsements from contractors.
Contractors should provide certificates of insurance and policy endorsements
before they can begin work. Contractors should be notified immediately in
writing when insurance documentation is deficient or is not received as
required.
o Review existing specifications for the most frequently used types of contracts
and ensure that required levels of insurance are adequate to the scope of
services provided by contractors. Increase limits when necessary, using the
minimum suggested insurance limits outlined in the California JPIA's
Contractual Risk Transfer for California Public Agencies manual.
o Renegotiate contracts as needed at renewal times, and clearly delineate
insurance requirements based on the exposure of the contract.
o The agency clerk or designee should maintain the filing system for all service
and construction contracts and agreements. Certificates of insurance,
indemnification agreements, endorsements, and bonding documents required
by contract provisions should be kept together with the original contract
agreements. Complete documentation should be maintained within fire safe
containers and protected by a fire detection and suppression system.
o Develop contract documentation tracking procedures to monitor contractor
compliance with contract provisions and to ensure that insurance documents
required in contracts are received in a timely fashion.
By properly managing its contracts, the agency can reduce its loss exposures and
likewise reduce disputes with contractors and their insurers when a loss occurs.
Standards:
Best Risk Management Practices
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
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City of West Covina Initial Risk Management Evaluation [6)
Action Item: 2019-002
Observations:
Contracts are not developed and implemented for all service providers.
Action Required:
Develop and execute service contracts which include appropriate risk transfer
language when outsourcing agency activities to service companies.
By properly managing its contracts, the agency can reduce its loss exposures and
likewise reduce disputes with contractors and their insurers when a loss occurs.
Standards:
Best Risk Management Practices
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
Action Item: 2019-003
Observations:
The agency does not require insurance as part of the encroachment permit
application and its indemnity language is broad.
Action Required:
Revise encroachment permit to include insurance requirements and appropriate
indemnity language.
Resources:
A sample template is located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [7]
Occupational Safety & Health Programs
Action Item: 2019-004
Observations:
The agency has not implemented a Facilities Inspection Program.
Action Required:
Develop and implement a program to regularly inspect agency facilities to identify
hazardous conditions and practices that require corrective or preventive measures,
consistent with the requirements of Cal/OSHA. This program should be coordinated
with the inspection program required by the Injury and Illness Prevention Program
and should include documentation of identified deficiencies and corrective actions
that are completed or planned.
Standards:
California Code of Regulations, Title 8, Section 3203 (a) (4); 29 CFR 1910.157, Fire
Protection
Resources:
Sample checklists have been developed and are located on the California JPIA's
website.
Action Item: 2019-005
Observations:
A centralized Safety Manual has not been developed.
Action Required:
Develop a centralized Safety Manual to encourage employee awareness of and
compliance with each of the agency's specific safety policies. The manual should
include all department -specific safety policies and be formally adopted by the
agency governing body.
The Injury and Illness Prevention Program Administrator will be better prepared to
respond to questions posed by a Cal/OSHA inspector if a centralized Safety Manual
is maintained, and it will also enable the agency to maintain greater control over the
Cal/OSHA inspection process.
Standards:
California Code of Regulations, Title 8, Section 3203
Resources:
A link to additional website Resources and a sample program has been provided and
is located on the California JPIA's website.
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Action Item: 2019-006
Observations:
The agency does not have a Bloodborne Pathogens Exposure Control Program.
Action Required:
Assess employee exposure to blood or other potentially infectious materials,
document the findings, and include this in the centralized Safety Manual. The
California Code of Regulations provides that all employers who may reasonably be
anticipated to have this occupational exposure develop a Bloodborne Pathogens
Exposure Control Plan consistent with the requirements of Cal/OSHA.
Standards:
California Code of Regulations, Title 8, Section 5193; 29 CFR 1910.1030, Bloodborne
Pathogens
Resources:
A link to additional website resources has been provided and is located on the
California IPIA's website.
Action Item: 2019-007
Observations:
The agency does not have a Confined Space Entry Control Program.
Action Required:
Determine whether confined spaces exist at agency facilities. If confined spaces
exist, a written Confined Space Entry Control Program, consistent with the applicable
Sections of Cal/OSHA, should be developed. The program must include procedures
for testing the atmosphere in confined spaces; assignment of supervisors,
attendants, and rescue personnel; and employee training. A permit system may be
required.
Standards:
California Code of Regulations, Title 8, Sections 5156, 5157, and 5158, Confined
Spaces; 29 CFR 1910.146
Resources:
A sample policy has been developed and is located on the California IPIA's website.
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Action Item: 2019-008
Observations:
The agency does not have an Emergency Action Plan.
Action Required:
Develop and implement an Emergency Action Plan consistent with the requirements
of Cal/OSHA. This plan shall be in writing and shall cover those designated actions
employers and employees must take to ensure employee safety from fire and other
emergencies.
Elements of the plan include (at a minimum):
o Emergency escape procedures and emergency escape route assignments;
o Procedures to be followed by employees who remain to operate critical plant
operations before they evacuate;
o Procedures to account for all employees after emergency evacuation has
been completed;
o Rescue and medical duties for those employees who are to perform them;
o The preferred means of reporting fires and other emergencies;
o Names or regular job titles of persons or departments who can be contacted
for further information or explanation of duties under the plan;
o An employee alarm system that complies with Article 165;
o The types of evacuation to be used in emergency circumstances: and
o Training.
Standards:
California Code of Regulations, Title 8, Section 3220; 29 CFR 1910.38
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-009
Observations:
The agency does not have a Fire Prevention Plan.
Action Required:
Develop and implement a Fire Prevention Plan consistent with the requirements of
Cal/OSHA. This plan should include an inventory of fuels and sources of ignition, fire
protection systems, housekeeping policies, employee training, and the names or job
titles of responsible personnel.
Standards:
California Code of Regulations, Title 8, Section 3221; 29 CFR 1910.39
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [10]
Action Item: 2019-010
Observations:
The agency does not have a Hazard Communication Program.
Action Required:
Develop and implement a Hazard Communication Program, consistent with the
requirements of Cal/OSHA. This program should include product labeling, Safety
Data Sheets (SDS) availability, and employee training.
Standards:
California Code of Regulations, Title 8, Section 5194; OSHA Publication 3695
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-011
Observations:
The agency does not have a Hearing Conservation Program.
Action Required:
Assess employee exposure to hazardous noise levels, document the findings, and
include this in the centralized Safety Manual. This program should contain provisions
for pre -employment assessment, appropriate hearing protection, annual audiometric
tests, annual employee training, and periodic environmental assessments.
Determine if existing machinery emits noise greater than 85 dB and how long
employees are exposed to the machinery. If the research indicates that employees
are exposed to noise levels in excess of 85 dB for an eight -hour time -weighted
average, a Hearing Conservation Program, consistent with the requirements of
Cal/OSHA, should be implemented.
Standards:
California Code of Regulations, Title 8, Article 105, Section 5097; 29 CFR 1910.95,
Occupational Noise Exposure
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [11]
Action Item: 2019-012
Observations:
The agency does not have a Heat Illness Prevention Program.
Action Required:
A Heat Illness Prevention Program should be developed and implemented. The
program should include provision of shade, breaks, drinking water, and
employee/supervisor training in recognizing the symptoms of heat illness.
Standards:
California Code of Regulations, Title 8, Section 3395; OSHA General Duty Clause,
Section 5(a)(1)
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-013
Observations:
The agency's Injury and Illness Prevention Program is outdated. It was last updated
in 1994.
Action Required:
Revise the agency's Injury and Illness Prevention Program to comply with the
requirements of Cal/OSHA. The following required provisions should be reviewed
and revised as necessary:
o Identification of the person or persons responsible for implementing the
program;
o The agency's name and address;
o The employer's system for identifying and evaluating workplace hazards,
including scheduled periodic inspections to identify unsafe conditions and
work practices; Investigations of all occupational injuries and illnesses;
o The employer's methods and procedures for correcting unsafe or unhealthy
conditions and work practices in a timely manner;
o An occupational health and safety training program designed to instruct
employees in general safe and healthy work practices and to provide specific
instructions with respect to hazards specific to each employee's job
assignment;
o The employer's system for communicating with employees on occupational
health and safety matters, including provisions designed to encourage
employees to inform the employer of hazards at the work site without fear of
reprisal (anonymous reporting system); and
o The employer's system for ensuring that employees comply with safe and
healthy work practices, which must include recognition, training, re-training,
and disciplinary action.
The agency's Injury and illness Prevention Program should be reviewed and revised
as necessary annually.
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Standards:
California Code of Regulations, Title 8, Section 3203
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-014
Observations:
The agency does not have a Lockout/Tagout Program.
Action Required:
Develop a written Lockout/Tagout Program, consistent with the requirements of
Cal/OSHA. The agency's Lockout/Tagout procedures must be followed whenever
outside servicing personnel are engaged in this work.
Standards:
California Code of Regulations, Title 8, Sections 3314 and 2320; Appendix A to 29
CFR 1910.147
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-015
Observations:
Agency forklift operators have not been trained as required.
Action Required:
Provide training to operators of powered industrial trucks in accordance with the
California Code of Regulations, Title 8. Refresher training should be provided every
three years or as required by the California Code of Regulations, Title 8.
Standards:
California Code of Regulations, Title 8, Section 3668; OSHA General Duty Clause,
Section 5(a)(1)
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City of West Covina Initial Risk Management Evaluation [131
Action Item: 2019-016
Observations:
The agency does not have a Repetitive Motion Injury Control (Ergonomics) Program.
Action Required:
Consider developing and implementing a Repetitive Motion Injury Control
(Ergonomic) Program consistent with the requirements of Cal/OSHA. This is required
where a repetitive motion injury (RMI) has occurred to more than one employee
under the following conditions:
o The employees incurring the RMIs were performing a job process, or
operation of identical work activity;
o The RMIs were musculoskeletal injuries that a licensed physician objectively
identified and diagnosed; and
o The RMIs were reported by the employees to the employer in the last twelve
months.
This program should include a worksite evaluation, control of exposures that have
caused repetitive motion injuries, and training of employees.
Standards:
California Code of Regulations, Title 8, Sections 3203 and 5110; 29 CFR 1910.900
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-017
Observations:
The agency does not have a Respiratory Protection Program, nor has an Airborne
Health Hazards Assessment been completed.
Action Required:
Document the agency's assessment regarding employee exposure to airborne health
hazards in the workplace and include this in the centralized Safety Manual. Reassess
employee exposure periodically. If identified hazards cannot be eliminated, develop
and implement a Respiratory Protection Program, consistent with the requirements
of Cal/OSHA.
Standards:
California Code of Regulations, Title 8, Section 5144; 29 CFR 1910.134, Respiratory
Protection
Resources:
A sample policy has been developed and is located on the California JPIA's website.
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of West Covina Initial Risk Management Evaluation
Action Item: 2019-018
Observations:
The agency does not have a formal Trenching and Excavation Safety Program in
place.
Action Required:
A Trenching and Excavation Safety Program, consistent with the requirements of
Cal/OSHA, should be developed. Training should be conducted as needed and as
required.
Standards:
California Code of Regulations, Title 8, Section 1541; 29 CFR 1910.652 Excavations,
Requirements for Protective Systems
Resources:
A link to additional website Resources and a sample program has been provided and
is located on the California JPIA's website.
Action Item: 2019-019
Observations:
The agency does have a Safety Committee, though it is not currently active.
The agency's Injury and Illness Prevention Program (IIPP) needs revisions.
Action Required:
Determine if the Safety Committee will resume or formally disband the Safety
Committee and reassign its defined responsibilities to other agency staff.
Should the agency decide to resume the Safety Committee's efforts, it should
consider broadening the scope of issues covered during Safety Committee meetings
and keep a file of meeting agendas and minutes of items discussed and actions
taken. The issues should include:
o Overseeing a hazard identification program for all departments;
o Reviewing accidents involving agency employees to make certain the actions
taken to prevent recurrence are adequate;
o Monitoring accident statistics to determine trends and problem areas;
o Reviewing safety training needs and current training programs for adequacy
and recommending changes or additional programs as necessary;
o Initiating programs to stimulate and maintain employee interest in safety;
and
o Reviewing and evaluating safety and health recommendations from all
sources, including employee suggestions and complaints.
If the Safety Committee will resume, develop a formal written policy with regular
meetings at the specified frequency. The policy should be included in the agency's
Injury and Illness Prevention Program.
Standards:
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Best Risk Management Practices
Action Item: 2019-020
Observations:
It is unknown whether training is provided to employees who may be exposed to
hazards associated with working around asbestos or lead -based paint.
There is not a written Operations and Maintenance Program in place for agency
facilities which contain asbestos or lead -based paint building materials.
Action Required:
Personnel activities should be reviewed to determine whether there is a potential for
employee exposures to asbestos or lead.
When employees are exposed to asbestos or lead, an Exposure Control Plan should
be developed.
Personal protective equipment (PPE) and employee training should be provided as
needed and required.
Develop and implement an Operations and Maintenance Program to manage
exposures to asbestos -containing materials and lead -based paint, consistent with
the requirements of the California Code of Regulations, Title 8. The program should
include employee awareness training. It should also contain a provision advising all
employees, service vendors, contractors, and tenants of the known presence of
asbestos -containing materials (ACM) and lead -based paint (LBP) in agency facilities,
as well as any pre-1978 facilities that have not been sampled. Awareness training
reduces the potential for any accidental disturbance of ACM and LBP, and it ensures
that proper response procedures are initiated in the event of an incident.
Standards:
California Code of Regulations, Title 8, Section 1529, 1532.1, 5208 and 5216
40 CFR, Part 763 — Asbestos; California Code of Regulations, Title 8, Section 5208,
Asbestos; 29 CFR 1910.1200 Hazard Communication
Resources:
A sample program has been developed and is located in the Resource Center on the
California JPIA's website.
Action Item: 2019-021
Observations:
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City of West Covina Initial Risk Management Evaluation [161
Automated External Defibrillators (AEDs) and other medical emergency equipment
were provided for emergency use.
It was not determined whether the AEDs are inspected, tested, and maintained on a
regular basis.
It was not determined whether staff members are properly trained on the use of
AEDs and maintain current CPR certification.
It was not determined whether a written program outlining the operation,
inspection, maintenance, and training requirements for AEDs has been developed.
Action Required:
AEDs should be inspected monthly to ensure that they are in good condition and
functional.
AEDs should be tested and maintained in accordance with the recommendations of
the manufacturer. All inspections, testing, and maintenance should be documented.
An adequate number of staff should be properly trained to respond to emergency
situations requiring the use of the AED. This training should include, at a minimum,
training on proper use of the AED as well as maintaining current CPR certification.
All staff at locations with AEDs should annually receive a brochure that describes the
proper use of the AED. This information should also be posted next to each AED.
All staff should be informed annually as to the location of each AED.
If one does not exist, a written program that complies with the requirements of the
California Health and Safety Code should be developed.
Standards:
California Health and Safety Code, Section 1797.196; California Civil Code, Section
1714.21
Resources:
A sample policy has been developed and is located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [17]
Human Resources
Action Item: 2019-022
Observations:
The organization's Personnel Manual and personnel policies are not reviewed
regularly with employees.
Action Required:
Employees should be periodically required to sign an acknowledgement of these
policies. To ensure regular acknowledgement of the policies, this can be
incorporated into annual performance evaluations.
Standards:
Best Risk Management Practices
Action Item: 2019-023
Observations:
Pre -employment screening for alcohol and/or controlled substances is conducted for
all prospective employees.
The agency has not created a list of safety -sensitive positions.
Action Required:
Agency policy should be updated to reflect case law which prohibits blanket drug
screening of employment applicants. The agency should develop a list of safety -
sensitive positions for which employment is contingent upon screening for illegal or
controlled substances. Accordingly, only those applying for positions identified as
safety -sensitive should be screened for illegal or controlled substances.
Standards:
Best Risk Management Practices
Action Item: 2019-024
Observations:
Annual performance evaluations do not consider safety compliance.
Action Required:
Include safety compliance as part of the evaluation. Quantifiable performance
measures should be utilized when evaluating safety compliance.
Standards:
Best Risk Management Practices
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City of West Covina Initial Risk Management Evaluation [18]
Action Item: 2019-025
Observations:
Volunteers are utilized; however, a Volunteer Handbook has not been developed.
Action Required:
Develop and distribute a Volunteer Handbook to volunteers defining volunteer roles
and responsibilities. Provide initial and refresher training to all volunteers at least
annually.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-026
Observations:
The organization does not have a Volunteer Orientation and Training Program in
place.
Action Required:
Develop a Volunteer Orientation Program that includes an introduction to agency
policies as well as safety training consistent with the requirements of Cal/OSHA.
Field services personnel should have "tailgate" safety meetings on a bi-weekly basis
with training sessions lasting a minimum of 15 minutes. For administrative and
clerical staff, quarterly safety meetings are adequate. Training should include
hazards specific to employee job assignments as well as hazards common to all
workplaces and situations. Documentation of these meetings should be maintained
for at least three years and be readily available for review by Cal/OSHA or other
enforcement agencies.
Standards:
California Code of Regulations, Title 8, Section 3203 (a) (7)
Resources:
Register for workshops online on the California JPIA's website.
Action Item: 2019-027
Observations:
The agency does not evaluate the driving record of volunteers when driving is a job
function.
Action Required:
Require prospective volunteers to provide a current Motor Vehicle Report. This will
allow the agency to determine whether prospective volunteers have acceptable
driving histories before extending an offer to those where driving is a job function.
Standards:
Best Risk Management Practices
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City of West Covina Initial Risk Management Evaluation [19]
Action Item: 2019-028
Observations:
The agency does not conduct background checks on all volunteers.
Action Required:
Perform background checks on all volunteers, including those who work with or
around minors.
Standards:
Public Resources Code, Section 5164, and Penal Code, Section 11105.3
Resources:
A link to additional website resources on Criminal Background Check requirements is
located on the California JPIA's website or the National Recreation and Park
Association — Operation TLC2 "Making Communities Safe."
Action Item: 2019-029
Observations:
The agency does not have a formal policy and procedure for notifying Cal/OSHA in
the event an employee is involved in a serious injury or illness.
Action Required:
A formal policy and procedure should be developed to meet the requirement that
Cal/OSHA be notified of serious injury or illness, or death of an employee. Develop
chain of command and designate a key person to notify Cal/OSHA when required.
Standards:
California Code of Regulations, Title 8, Section 342, and Section 330(h)
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [20]
Action Item: 2019-030
Observations:
The agency has not developed a Transitional Return to Work Program.
Action Required:
Establish a written Transitional Return to Work Policy for injured or ill employees
and volunteers and include this policy in both the Employee and Volunteer
Handbooks and respective orientation programs. Individuals who cannot return to
their previous work or volunteer functions, either temporarily or permanently, should
be medically examined to determine their work capacity, and every effort should be
made to accommodate transitional light duty requirements.
Transitional light duty assignments should be identified and developed before
injuries occur to best ensure the effectiveness and success of the program. The
agency should consider including individuals on light duty assignments in some of
the various inspection programs recommended in other formal recommendations
contained within this report.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [211
Fleet and Driver Management
Action Item: 2019-031
Observations:
Supervisors of commercial vehicle operators have not received the required drug
and alcohol awareness training.
The agency's commercial drivers have not received training in alcohol and substance
abuse awareness.
Action Required:
Provide required drug/alcohol awareness training to all supervisors overseeing
drivers of commercial vehicles. Continue monitoring employees who operate vehicles
for improper consumption of alcoholic beverages and use of controlled substances
and enroll all commercially licensed drivers in a random drug and alcohol testing
program.
Standards:
49 Code of Federal Regulation Part 40; 49 Code of Federal Regulations, Section
382.603
Resources:
Register for workshops online in the Resource Center on the California JPIA's
website.
Action Item: 2019-032
Observations:
The agency does not have a formal Commercial Vehicle Inspection Program.
Action Required:
Develop and implement a program to regularly inspect agency commercial vehicles
to identify hazardous conditions that require repairs or preventive maintenance. A
minimum inspection frequency of monthly is recommended.
Standards:
Best Risk Management Practices
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City of West Covina Initial Risk Management Evaluation [22]
Infrastructure Management
Action Item: 2019-033
Observations:
The agency has conducted an ADA Self -Evaluation of agency facilities; however, it is
not in writing.
Action Required:
Perform a written ADA Self -Evaluation of all public facilities. By January 26, 1993,
each public entity was to have evaluated its services, policies and practices to
determine their effect on accessibility of public facilities and modify them as
necessary.
Standards:
Americans with Disabilities Act, Title II, Section 35.149-151; 28 C.F.R. § 35.104
Resources:
Assistance can be obtained from the following website links:
http://www.ada.gov/websites2.htm; http://www.section508.gov,
Action Item: 2019-034
Observations:
The agency has not developed an ADA Transition Plan outlining the steps necessary
to achieve barrier -free access.
Action Required:
Develop a formal ADA Transition Plan outlining the steps necessary to complete
structural changes to facilities to achieve required accessibility.
Existing buildings were to have been retrofitted to eliminate barriers to program
accessibility no later than January 26, 1995. Public entities with 50 or more
employees were to have developed a Transition Plan by July 26, 1992. The
Transition Plan must identify physical obstacles, describe how the agency will make
facilities accessible, outline the schedule for each year's modification efforts, and
indicate the official with responsibility for implementation of the Transition Plan as
required.
Standards:
Americans with Disabilities Act, Title II, Section 35.149-151; 28 C.F.R. § 35.104
Resources:
Assistance can be obtained from the following website links:
http://www.ada.gov/websites2.htm; http://www.section508.gov.
C 1) - I , A
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City of West Covina Initial Risk Management Evaluation [23]
Action Item: 2019-035
Observations:
The agency does not have a formal ADA Grievance Policy or ADA Grievance
Coordinator.
Action Required:
Develop a formal ADA Grievance Policy.
Agencies with 50 or more employees must designate a responsible person to
coordinate efforts to comply with ADA, carry out responsibilities, and establish
grievance procedures that provide for prompt and equitable resolution of complaints
alleging prohibited actions.
Standards:
Americans with Disabilities Act, Title II, Section 35.107; 28 CFR Part 35 §35.107,
Designation of Responsible Employee and Adoption of Grievance Procedures
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-036
Observations:
The agency has not developed an Asbestos and Lead -Based Paint Awareness
Program.
The agency has not formally inspected its facilities for the presence of asbestos and
lead -based paint.
Action Required:
Develop and implement an Operations and Maintenance Program to manage
exposures to asbestos -containing materials and lead -based paint, consistent with
the requirements of the California Code of Regulations, Title 8. The program should
include employee awareness training. It should also contain a provision advising all
employees, service vendors, contractors, and tenants of the known presence of
asbestos -containing materials (ACM) and lead -based paint (LBP) in agency facilities,
as well as any pre-1978 facilities that have not been sampled. Awareness training
reduces the potential for any accidental disturbance of ACM and LBP, and it ensures
that proper response procedures are initiated in the event of an incident.
Standards:
California Code of Regulations, Title 8, Sections 1529, 1532.1, 5198, and 5208
29 CFR 1910.1001, Toxic and Hazardous Substances; Asbestos
Resources:
A sample program is located in the Resource Center on the California JPIA website.
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City of West Covina Initial Risk Management Evaluation [24]
Action Item: 2019-037
Observations:
The agency website does not include Terms and Conditions.
Action Required:
Develop website Terms and Conditions and post them to the agency's website.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-038
Observations:
A Tree Inspection and Maintenance Program has not been developed or
implemented.
Action Required:
Develop and implement a Tree Inspection and Maintenance Program.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located in the Resource Center on the
California JPIA's website.
Action Item: 2019-039
Observations:
The agency has not established formal sidewalk maintenance and repair standards.
Action Required:
Develop and implement formal inspection and repair standards to guide the
inspection and maintenance of sidewalks and related infrastructure features.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located on the California JPIA's website.
CA FO RNIA -
City of West Covina Initial Risk Management Evaluation [25]
Action Item: 2019-040
Observations:
While some of the storm drain covers have been retrofitted to ensure that bicycle
tires cannot get trapped in grid patterns that run parallel to the direction of traffic,
many have not.
Action Required:
Retrofit remaining storm drain covers for bicycle safety.
Standards:
Best Risk Management Practices
Action Item: 2019-041
Observations:
The Agency does not have design plans for all major roadways and related
infrastructure.
Action Required:
To preserve design immunity, a comprehensive index should be developed and
matched to all major roadways. Identify missing roadway design plans and develop
a program to recreate any missing plans through a review of those specific
roadways and approval by Council or through those granted discretionary authority.
Standards:
Best Risk Management Practices
Resources:
California JPIA White Paper Series: The Design Immunity
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City of West Covina Initial Risk Management Evaluation [26]
Action Item: 2019-042
Observations:
The following observations were made
at the Wescove Day Care:
o Some of the doormats were torn,
curled, and/or damaged. This
condition poses trip/fall hazards.
o One or more of the illuminated
exit signs observed were only
partially lit.
Action Required:
Repair or replace doormats at front entrance of the day care.
Exit signs should be equipped with light bulbs for all sockets so that the signs are
still illuminated even if one bulb fails.
Standards:
California Code of Regulations, Title 8, Section 3273, Working Area; 29 CFR 1910.22
General Requirements - Walking -Working Surfaces; California Fire Code, Section
1011, Exit Signs; California Fire Code, Section 1011.2, Illumination; California Code
of Regulations, Title 24, Section 1006, Means of Egress Illumination; NFPA 101,
Chapter 5 - Means of Egress
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City of West Covina Initial Risk Management Evaluation [27]
Action Item: 2019-043
Observations:
The following observations were made
at the Public Works Department -
Maintenance Division:
o At least one of the ladders
observed was unsecured and
leaning against the wall. These
ladder storage practices pose
falling object hazards.
o Cross bars were missing from
storage racks.
o Compressed gas cylinders were
not properly secured.
Action Required:
Ladders should be stored on wall hooks
or secured with ropes, straps, or chains
to prevent them from falling if struck or
during seismic activity.
Determine if current storage racks can safely support the intended load.
Secure compressed gas cylinders with one or more restraints to prevent falling
caused by contact, vibration or seismic activity.
Standards:
California Code of Regulations, Title 8, Section 3241, Live Loads; 29 CFR 1910,
Subpart D - Walking -Working Surfaces; California Government Code, Section 835
California Fire Code, Section 3003.5.3; 29 CFR 1910.101, Compressed Gases
(General Requirements)
Action Item: 2019-044
Observations:
The fire extinguishers are not inspected
on a monthly basis.
Action Required:
Ensure that fire extinguishers are
visually inspected monthly, consistent
with the requirements of Cal/OSHA and
California Fire Code.
Standards:
CALIFORNIA
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City of West Covina Initial Risk Management Evaluation
California Fire Code, Section 906, Portable Fire Extinguishers; California Code of
Regulations, Title 8, Section 6151, Portable Fire Extinguishers
Action Item: 2019-045
Observations:
It was not determined whether
emergency eyewash stations are
inspected and tested on a regular basis.
Action Required:
All emergency eyewash stations should
be tested and flushed weekly to verify
proper operation. Plumbed units should
be flushed for a minimum of three
minutes.
All inspection information should be documented and maintained for a minimum of
one year.
Standards:
California Code of Regulations, Title 8, Section 5162, Emergency Eyewash and
Shower Equipment; 29 CFR 1910, Subpart K - Medical and First Aid
CALIFORNIA
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City of West Covina Initial Risk Management Evaluation [29]
Parks and Playground Management
Action Item: 2019-046
Observations:
Detailed installation, maintenance, inspection, and repair records were not available
or each piece of playground equipment.
Action Required:
Detailed installation, maintenance, inspection, and repair records for each piece of
playground equipment should be established, maintained, and documented.
Standards:
California Health and Safety Code, Sections 115725-115735; CPSC, Publication 325,
Public Playground Safety Handbook
Action Item: 2019-047
Observations:
Not all agency -owned playgrounds have been audited by a Certified Playground
Safety Inspector (CPSI).
Action Required:
All playgrounds must have an initial inspection completed by a Certified Playground
Safety Inspector (CPSI) prior to their use.
Standards:
U.S. Consumer Product Safety Commission's Public Playground Safety Handbook;
California Health and Safety Code Sections 115725 — 115750
CALIFORNIA
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City of West Covina Initial Risk Management Evaluation [30]
Action Item: 2019-048
Observations:
The agency does not have a comprehensive Playground Inspection and Maintenance
Program.
Playground inspection and maintenance is contracted through a third party.
Action Required:
A formal, written Playground Safety and Risk Management Program should be
developed to include the following:
o A formal policy specifying playground inspection, maintenance, and repair
standards.
o An initial audit of playground facilities by a Certified Playground Safety
Inspector (CPSI).
o Provision of required signage/labels.
o Ongoing inspection, repair, and maintenance standards.
o Phasing out and/or replacement of hazardous and/or noncompliant
equipment.
o Ongoing renovation as needed to comply with ADA accessibility standards.
o Record keeping/documentation standards.
The policy requirements should be outlined in the third -party agreement.
Standards:
ASTM 1487, Standard Consumer Performance Specifications for Playground
Equipment for Public Use; U.S. Consumer Product Safety Commission's Public
Playground Safety Handbook; California Health and Safety Code Sections 115725 —
115750
Resources:
A sample checklist has been developed to augment parks and playground inspection
programs, which are located on the California )PIA's website.
Action Item: 2019-049
Observations:
The playground equipment coating was
peeling or otherwise deteriorated at CA
Parquette.
Action Required:
The equipment should be repaired or
replaced in accordance with the
manufacturer's recommendations.
Standards: S
U.S. Consumer Product Safety
Commission's Public Playground Safety Handbook; California Health and Safety Code
Sections 115725 — 115750
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City of West Covina Initial Risk Management Evaluation (311
Action Item: 2019-050
Observations:
The playgrounds at the following parks
require preventative maintenance:
o Orangewood Park - peeling
signage and graffiti present
o CA Parquette - signage missing
or peeling, litter observed
o Cortez Park - signage missing or
peeling
o Big League Dreams - signage
missing
Action Required:
Focus maintenance on playground
equipment, repairing or replacing
damaged or worn parts, and fastening
devices.
Required signage and/or labels should
be repaired or replaced when they
become faded, deteriorated, or illegible.
All informational signs should be
periodically reviewed for clarity and
legibility.
Signs and labels should comply with the
description found in Section 14 of ASTM
F1487.
Improve housekeeping at CA Parquette.
Graffiti that is allowed to remain visible invites additional graffiti. Prompt response to
graffiti is a proven deterrent to future graffiti.
Standards:
U.S. Consumer Product Safety Commission's Public Playground Safety Handbook;
California Health and Safety Code Sections 115725 — 115750
Resources:
Sample checklists have been developed and are located on the California JPIA's
website.
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City of West Covina Initial Risk Management Evaluation [32]
Action Item: 2019-OSI
Observations:
The surfacing beneath the playgrounds
at CA Parquette and Cortez Park are not
properly maintained.
The transition from the concrete to the
playground areas was uneven.
These conditions pose trip/fall hazards.
Action Required:
Depending on the playground location,
weather conditions, watering patterns,
and frequency of use, weekly
maintenance may be necessary to
ensure adequate depth and to loosen
surfacing material that may have
become compressed.
Improve maintenance of playground
protective surfaces. Add more surfacing
to fall zones and the most frequently
used play areas. Make sure that the
surfacing under and around playground
equipment is uncompressed and of an
appropriate depth.
Standards:
U.S. Consumer Product Safety
Commission's Public Playground Safety
Handbook; California Health and Safety
Code Sections 115725 — 115750
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City of West Covina Initial Risk Management Evaluation [33]
Action Item: 2019-052
Observations:
Park inspection and maintenance is contracted through a third party.
The Agency should develop a formal inspection policy and include in the third -party
agreement.
Action Required:
Perform regular, formal inspections of parks and fields to identify hard ground;
damaged, depressed, or protruding irrigation components; excessive wet areas;
missing delineations; holes or divots in the play surface; foreign objects; and fields
in need of reseeding. Inspections should also include a review of park lighting,
walking surfaces, benches/bleachers, fences, parking areas, and other site -specific
features. Identified deficiencies should be corrected in accordance with agency
policy.
Resources:
A sample checklist has been developed to augment parks and playground inspection
programs, which are located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [34]
Action Item: 2019-053
Observations:
The Skate Park's rules sign is small and
deteriorating. Some rules, like when the
park allows mixed use, were not readily
apparent.
Graffiti was present in some areas. The
presence of graffiti invites additional
graffiti. Prompt response to graffiti is a
proven deterrent to future graffiti.
The agency does not formally inspect
the Skate Park.
Participants at the Skate Park were not
using helmets and mixed use was
observed when it is not allowed.
Action Required:
The skate park rules should be re-
printed in a large, clear format that can -
be easily read from ten feet away. The signs should reference the information noted
in Section III (10) of the California JPIA's Recommended Risk Management
Guidelines for skate parks.
Graffiti should be removed.
Formal inspections should be conducted at the Skate Park. Documentation should
take form of checklists or other similar documentation. Records of corrective actions
should be retained.
Ensure the agency's existing skate park ordinances are followed and enforced.
Standards:
Best Risk Management Practices
Resources:
AB1296 Section III (10) of the California JPIA's Recommended Risk Management
Guidelines for Skate Parks.
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City of West Covina Initial Risk Management Evaluation [35]
Action Item: 2019-054
Observations:
A temporary make -shift ramp was
observed at the entrance to the Skate
Park.
The damaged ramp is a trip and fall
hazard.
Action Required:
Repair, replace, or remove the ramp.
Standards:
California Code of Regulations, Title 8, Section 3203
Action Item: 2019-055
Observations:
L
1j1111t�\\
It was not determined whether the bleachers/grandstands are inspected and
serviced on a regular basis.
Bleacher structures and grandstands present a loss exposure due to falls and/or
structure failure.
Action Required:
Retrofit or replace bleachers that do not meet the current guidelines for bleachers.
The grandstands and bleachers should be inspected annually and required
maintenance performed to ensure safe conditions. At least biennially, the inspection
should be performed by a professional engineer or registered architect. If required
by the authority having jurisdiction, the agency should provide certification that both
inspections have been performed.
Standards:
U.S. Consumer Product Safety Commission's Publication Number 330-000011,
Guidelines for Retrofitting Bleachers; National Fire Protection Association (NFPA)
102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and
Membrane Structures; Publication 330, Guidelines for Retrofitting Bleachers, United
States Consumer Product Safety Commission; California Code of Regulations, Title
24, Section 1028.1.1, Bleachers
Resources:
A link to the Guidelines for Retrofitting Bleachers is located on the California JPIA's
website.
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City of West Covina Initial Risk Management Evaluation [36]
Recreation and Community Services
Action Item: 2019-056
Observations:
The agency's waiver requires the participant or participant's parent/guardian to hold
the agency harmless from any liability. Participant waivers should not release any
party from any act or omission of gross negligence, as the term is used in applicable
case law and/or statutory provision.
Action Required:
Revise the participant waiver to conform to accepted best practices, using the
suggested language outlined in the Contractual Risk Transfer for California Public
Agencies Manual.
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
Action Item: 2019-057
Observations:
Waivers for minors are retained for only one year.
Action Required:
Waivers involving minors should be retained for at least three years after the
participant has reached 18 years old. The agency's Records Retention Policy should
be revised as needed to reflect this policy. Waivers should be retained in accordance
with the agency's Records Retention Policy.
Standards:
Best Risk Management Practices
Action Item: 2019-058
Observations:
Contracted instructor agreements are not required to provide insurance; however,
they are still required to sign agreements with indemnity language.
Action Required:
Include appropriate indemnity language in agreements with contractor instructors
and require sufficient insurance to support the indemnity provisions.
Standards:
Best Risk Management Practices
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
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City of West Covina Initial Risk Management Evaluation [37]
Action Item: 2019-059
Observations:
Certain contractors, including Independent Contractors for Recreation Classes, are
not providing certificates of insurance.
By properly managing its contracts, the agency can reduce its loss exposures and
likewise reduce disputes with contractors and their insurers when a loss occurs.
Action Required:
Develop contract documentation tracking procedures to monitor contractor
compliance with contract provisions and to ensure that insurance documents
required in contracts are received in a timely fashion. Develop a system to ensure
that contractors provide certificates of insurance and policy endorsements before
they are allowed to begin work, Contractors should be notified immediately in
writing when insurance documentation is deficient or is not received as required.
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
Action Item: 2019-060
Observations:
The agency does not have written agreements for all individuals or groups who use
the agency's recreational facilities.
Action Required:
Utilize rental agreements with all agency facility renters. The rental agreement
should include indemnification and hold harmless language, and it should contain
insurance requirements as recommended by the California JPIA. Require facility
renters to provide evidence of sufficient insurance to support the indemnity
agreements in the facility rental agreements.
Compliance with insurance requirements should be monitored and consistently
enforced.
When third -party users do not have, or are unable to obtain general liability
insurance, consider using the California JPIA Special Event Coverage when possible.
Standards:
Best Risk Management Practices
Resources:
A sample facility rental agreement has been developed and is located on the
California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [38]
Action Item: 2019-061
Observations:
The agency does not have a policy addressing at what age staff or volunteers are
permitted to work around minors.
It is important to note that juvenile criminal records may not be accessible and/or
disclosed to the agency.
Action Required:
Develop and implement a policy specifying what age an employee or volunteer is
permitted to work around youth unsupervised. Provide training to staff and
volunteers on all provisions of the policy.
Standards:
Best Risk Management Practices
CALA
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City of West Covina Initial Risk Management Evaluation [39]
Law Enforcement Services
Action Item: 2019-062
Observations:
The following was observed at the Police
Department:
o Evidence of leaks and/or other water
intrusion were present in the server room
and the female jail cell. Some of the
damage appears to be potentially
substantial. Water intrusion and the
presence of moisture in building materials
can foster the growth of mold and mildew.
o Regulated hazardous waste was idly
stored. It was not determined whether
plans were in place to remove this waste.
o Computer room server data cables are
unorganized and could present a trip and
fall hazard.
o Electric panelboards and switchboards
were obstructed with stored materials
and/or furnishings. Obscuring and
obstructing electric panelboard cabinets
and/or switchboards delays or prevents
access in an emergency.
Action Required:
The source of the water intrusion should be
determined and corrective action taken to
prevent recurrence.
Wall coverings, ceiling tiles, floor coverings, and
wall and ceiling insulation should be inspected to
identify the presence of damage or mold growth.
Both exposed and concealed surfaces should be
inspected.
Damaged and contaminated materials should be
removed and disposed of in a way that prevents
their continued use.
The entire damaged or contaminated area should
be cleaned and disinfected with an effective fungicide prior to installing new
materials.
CALIFORNIA
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of West Covina Initial Risk Management Evaluation [40]
Regulated waste should be stored and removed in accordance with Agency policy
and other applicable regulations.
Practice cable management in server room to avoid potential trip & fall injuries.
Ensure that all electric panels in agency facilities have clear and unobstructed access
(minimum 30-inch clearance) and are properly labeled, closed, and latched,
consistent with the requirements of California Fire Code.
Standards:
California Code of Regulations, Title 8, Section 3362, Sanitation, General
Requirements; California Code of Regulations, Title 8, Section 3203 (a) (4);
California Code of Regulations, Title 8, Section 2340.16, Work Space About Electric
Equipment; California Code of Regulations, Title 19, Section 3.01, Basic Electrical
Regulations; California Code of Regulations, Title 24, Part 9, California Fire Code,
Section 605.3, Working Space and Clearance; 29 CFR 1910, Subpart S - Electrical
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City of West Covina Initial Risk Management Evaluation (41]
Fire Department Operations
Action Item: 2019-063
Observations:
Evidence of leaks and/or other water
intrusion was present at Fire Station 1.
Water intrusion and the presence of
moisture in building materials can foster
the growth of mold and mildew.
Action Required:
The source of the water intrusion
should be determined and corrective
action taken to prevent recurrence.
Wall coverings, ceiling tiles, floor coverings, and wall and ceiling insulation should be
inspected to identify the presence of damage or mold growth. Both exposed and
concealed surfaces should be inspected.
Damaged and contaminated materials should be removed and disposed of in a way
that prevents their continued use.
The entire damaged or contaminated area should be cleaned and disinfected with
an effective fungicide prior to installing new materials.
Standards:
California Code of Regulations, Title 8, Section 3362, Sanitation, General
Requirements; California Code of Regulations, Title 24, Section 3401.2, Maintenance
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City of West Covina Initial Risk Management Evaluation [42]
Report Summary
The information noted in this report is based upon an assessment of your agency's
overall operations. Because the evaluation is only a snapshot in time, your agency
should continue evaluating its risk management practices, and take action as necessary
when conditions change. Your agency need not wait on a formal process to identify its
risk exposures.
Each observation was carefully documented, and attention was given to ensure its
accuracy. The observations identify risk exposures that, if not addressed, have the
potential to adversely impact your agency's operations. Thank you again for your
partnership in completing this undertaking.
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City of West Covina Initial Risk Management Evaluation [43]
Agency Exemplar
An Agency Exemplar has a structure in place to effectively lead agency -wide risk
management policies and practices. These policies and practices are part of the
organizational culture. Such policies and practices include the adoption and
implementation of the following:
1. Injury and Illness Prevention Program
2. Citizen complaint logging system
3. Americans with Disabilities Act Compliance Program
4. Safety/risk management committee
5. Records retention policy
6. Employee training programs
7. Environmental protection programs
8. Contracts administration
9. Evaluation of general liability claims for frequency and severity trends
10. Evaluation of workers' compensation claims frequency and severity trends
As the agency's leadership embraces risk management through agency -wide policies
and practices, each department and division will have their own areas of responsibilities
including:
1. Human Resources
Personnel manual
Employee handbook
Standard hiring practices
Safety manual
Cal/OSHA compliance training
Discrimination and harassment training
Discrimination and harassment complaint processing
Management, direction, and control of volunteers
Violence in the work place policy
OSHA 300 log and summary
DMV pull notice
Proper driver licenses
Supervisor training for reasonable suspicion testing for drug/alcohol abuse
Transitional return to work policy
Interactive/reasonable accommodation process (ADA/FEHA)
Job descriptions include job function analysis elements
Social media policy
Mandated reporter program and training
CA LI FORN IA
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City of West Covina Initial Risk Management Evaluation [44]
Public Works/Public Service
Supervisor Training
Safety training for field personnel based on job duties
Water treatment
Water distribution
Wastewater treatment
Sanitary sewer operations
Confined space
Trench spaces
Facilities maintenance
Fleet maintenance
Vehicle inspection and maintenance programs
Traffic control
Lockout/Blockout program
Sidewalk inspection and maintenance program
Tree inspection and maintenance program
Defensible space/vegetation management program
Proper driver licenses
3. Facilities and Infrastructure
Asbestos and lead based paint operations and maintenance programs and
awareness training
Facility inspection and maintenance program
Pavement management inspection and maintenance program
Parks and playground inspection and maintenance program
Streetlight inspection program
Power generation facilities protocols
Evaluation of property claims for frequency and severity trends
4. Recreation and Community Services
Participant waivers and application program
Facility use procedure and agreements
Proper indemnification and hold -harmless clauses in contracts
Compliant day care programs
Mandated reporter program and training
5. Animal Control (not applicable to agency)
Employee training
Policies and procedures for handling of animals
Waivers and indemnity agreements for animal release or adoption
6. Police Services (not applicable to agency)
Lexipol policy manual and daily training bulletin service
POST training requirements
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City of West Covina Initial Risk Management Evaluation [451
Fire Services (not aoolicable to agency)
Policy manual in place and current
Hearing protection
Special operational programs and training
Hazardous material
Trench rescue
Swift water rescue
Confined space entry
Advanced Life Support
Managed risks are of great importance. The consequences of ignoring their importance
include lost employee time, increased operational costs and payment of claims.
Furthermore, an agency's fiduciary responsibility means that it owes a high standard of
care to protect public funds. More importantly, the obligation to safeguard workers, the
public, and assets should compel every organization to manage risk effectively.
An Agency Exemplar must manage risk exposures by:
Examining feasible alternative for addressing exposures
Selecting and implementing best risk management techniques
Monitoring results of the chosen techniques to ensure effectiveness, and
modify if necessary
An Agency Exemplar must also view risk management holistically by recognizing its
scope:
1. Casualty and/or hazard risk (accidents — including property, liability,
personnel)
2. Cash flow risks (insufficient cash or assets to function normally in the event of
a major loss)
3. Operational risk (not being able to fulfill the organization's mission, exposing
the stakeholders, lack of succession planning)
4. Political risk (adverse action of governments that might expropriate or
excessively restrict or tax an organization's assets and activities)
5. Technological risk (failure to keep pace with changes in operating techniques,
and security protection)
6. Reputational risk (risk of loss resulting from not being able to maintain a
good name or standing)
In conclusion, an Agency Exemplar begins and ends with the belief that an individual
who is charged with managing the organization overall, then creates a culture in which
all others similarly are committed to risk management.
It is the Authority's desire to support each member in becoming an Agency Exemplar.
The Authority is committed to assisting each member in working toward this goal.
CALIFORNIA
1I'I - A
/_1ir_[a:IJil=1ZIII i►LOW
CITY OF WEST COVINA
MAINTENANCE SERVICES AGREEMENT
WITH
SAFE SIDEWALKS INCORPORATED DBA PRECISION CONCRETE CUTTING
FOR
SIDEWALK INSPECTION AND MAINTENANCE SERVICES
THIS MAINTENANCE SERVICES AGREEMENT is made and entered into this 1st day of
February, 2022 ("Effective Date"), by and between the CITY OF WEST COVINA, a municipal
corporation ("City"), and SAFE SIDEWALKS INCORPORATED, a California corporation DBA
PRECISION CONCRETE CUTTING ("Contractor").
WITNESSETH:
WHEREAS, City proposes to utilize the services of Contractor as an independent
contractor to City to provide sidewalk inspection and maintenance services; and
WHEREAS, Contractor represents that it has the experience and expertise to properly
perform such services and holds all necessary licenses to practice and perform the services; and
WHEREAS, City and Contractor desire to contract for the specific services described
herein and desire to set forth their rights, duties and liabilities in connection with the services to
be performed; and
WHEREAS, no official or employee of City has a financial interest, within the provisions of
Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide sidewalk assessment and trip hazard
removal services as detailed in Contractor's Master Services Agreement with The California Joint
Powers Insurance Authority, attached hereto as Exhibit "A" and incorporated herein.
1.2. Prevailing Wage Requirements. Contractor is aware of the requirements of
Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code,
as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance' projects. Contractor shall comply with all
applicable Prevailing Wage Laws in connection with the services provided pursuant to this
Agreement. Contractor shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws.
1.3. Performance to Satisfaction of Citv. Contractor agrees to perform all the work to
the complete satisfaction of the City. Evaluations of the work will be conducted by the City
Safe Sidewalks Incorporated dba
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Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has
the right to:
(a) Meet with Contractor to review the quality of the work and resolve the
matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Compliance with Applicable Law. Contractor shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment laws,
including, but not limited to, those laws related to minimum hours and wages; occupational health
and safety; fair employment and employment practices; workers' compensation; and all other
Federal, State and local laws and ordinances applicable to the services required under this
Agreement. Contractor shall indemnify and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or on
account of any liability under any of the above -mentioned laws, which may be incurred by reason
of Contractor's performance under this Agreement.
1.5. Non -Discrimination. In performing this Agreement, Contractor shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical or mental disability, medical condition,
genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression,
sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Aoreement. Contractor acknowledges that City may enter into
agreements with other contractors for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Public Records Act Disclosure. Contractor has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in California Government Code Section 6254.7, and of which
Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all
information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the court.
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2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set
forth in Exhibit A. Contractor's annual compensation shall not exceed Two Hundred Thirty
Thousand Dollars ($230,000.00).
2.2. Additional Services. Contractor shall not receive compensation for any services
provided outside the scope of services unless the City, prior to Contractor performing the
additional services, approves such additional services in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation shall be
barred and are unenforceable.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a
progress basis, but no more often than once a month. Said invoice shall be based on the total of
all Contractor's services which have been completed to City's sole satisfaction. City shall pay
Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times from the Effective
Date until three (3) years after the termination or expiration of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The services shall be performed in
strict compliance with the project schedule agreed to by City and Contractor, which may be
amended by mutual agreement of the parties. Failure to commence work in a timely manner
and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party. If a delay beyond the control of the Contractor is encountered, a time extension may be
mutually agreed upon in writing by the City and the Contractor. The Contractor shall present
documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue
through January 31, 2025, unless previously terminated as provided herein or as otherwise
agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum
of two (2) successive one (1) year periods. Such extensions, if any, will be evidenced by a written
amendment to this Agreement.
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4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior
written notice to Contractor. In the event of such termination, Contractor shall immediately stop
rendering services under this Agreement unless directed otherwise by the City. If the City
suspends, terminates or abandons a portion of this Agreement such suspension, termination or
abandonment shall not make void or invalidate the remainder of this Agreement.
If the Contractor defaults in the performance of any of the terms or conditions of this
Agreement, it shall have ten (10) days after service upon it of written notice of such default in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor
fails to cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this
Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement,
to terminate this Agreement, at its option and without prejudice to any other remedy to which it
may be entitled to at law, in equity, or under this Agreement, immediately upon service of written
notice of termination on the Contractor, if the latter should:
Be adjudged a bankrupt;
Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
C. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional services satisfactorily performed up to and including
the effective date of the City's written notice of termination, within forty-five (45) days after the
effective date of the notice of termination or the final invoice of the Contractor, whichever occurs
last. Compensation for work in progress shall be prorated based on the percentage of work
completed as of the effective date of termination in accordance with the fees set forth herein.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Contractor in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of the effective date of the notice of
termination, at no cost to City.
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5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company authorized to do business in California, with
a current A.M. Best's rating of no less than A:VII, and approved by City:
(a) Broad -form commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than Two Million Dollars ($2,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per accident for bodily injury and
property damage.
(c) Workers' compensation insurance as required by the State of California,
with Statutory Limits, and Employer's Liability Insurance with a limit of no
less than One Million Dollars ($1,000,000.00) per accident for bodily injury
or disease. Contractor agrees to waive, and to obtain endorsements from
its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City, its officers,
agents, employees, and volunteers for losses arising from work performed
by Contractor for the City and to require each of its subcontractors, if any,
to do likewise under their workers' compensation insurance policies.
By execution of this Agreement, the Contractor certifies as follows:
I am aware of, and will comply
Code, requiring every employer
Workers' Compensation or to
commencing any of the work.
with, Section 3700 of the Labor
to be insured against liability of
undertake self-insurance before
The Contractor shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration
of this Agreement, complete Workers' Compensation Insurance, and shall
furnish a Certificate of Insurance to the City before execution of this
Agreement by the City. The City, its officers and employees shall not be
responsible for any claims in law or equity occasioned by failure of the
Contractor to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined single
limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00)
aggregate. Architects' and engineers' coverage shall be endorsed to
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include contractual liability. If the policy is written as a "claims made" policy,
the retroactivity date shall be prior to the start of the work set forth herein.
Contractor shall obtain and maintain said E&O liability insurance during the
life of this Agreement and for five (5) years after completion of the work
hereunder. If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a retroactive date prior to the
effective date of this Agreement, Contractor shall purchase "extended
reporting" coverage for a minimum of five (5) years after completion of the
work.
If the Contractor maintains higher limits or has broader coverage than the minimums
shown above, the City requires and shall be entitled to all coverage, and to the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Contractor pursuant to its contract with the City; products and
completed operations of the Contractor; premises owned, occupied or used
by the Contractor; automobiles owned, leased, hired, or borrowed by the
Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
(c) Primary Coverage: The Contractor's insurance coverage shall be primary
insurance as respects the City of West Covina, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
West Covina shall be excess and not contributing with the insurance
provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any
right to subrogation which any insurer of said Contractor may acquire
against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement
from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions
of the policies shall not affect coverage provided to the City of West Covina,
its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
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except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self -insured retention to provide such coverage, the amount of such deductible or
self -insured retention shall be approved in advance by City. The City may require the Contractor
to purchase coverage with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or City.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance
showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by the
parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Contractor called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Proiect Manaoers. City shall designate a Project Manager to work directly with
Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Contractor or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery, Email
or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed
envelope, postage prepaid, and deposited in the United States Postal Service. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such communication
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is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S.
postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR:
Safe Sidewalks Incorporated dba
Precision Concrete Cutting
5737 Kanan Road #718
Agoura Hills, CA 94301
Tel: (888) 881-9816
Email: garyb@safesidewalks.com
Attn: Gary Beneduci
IF TO CITY:
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (626) 939-8824
Email: mcresap@westcovina.org
Attn: Mike Cresap
6.5. Attorneys' Fees. If litigation is brought by any party in connection with this
Agreement against another party, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the
prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of
any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los
Angeles County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and
shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's
obligation to perform all other obligations to be performed by Contractor hereunder for the term
of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel of
City's choosing, indemnify, hold free and harmless the City, its elected and appointed officials,
officers, agents and employees, at Contractor's sole expense, from and against any and all
claims, demands, actions, suits or other legal proceedings brought against the City, its elected
and appointed officials, officers, agents and employees arising out of the performance of the
Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to
this Agreement. The defense obligation provided for hereunder shall apply without any advance
showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized
subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its
basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or
authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability
against the City, its elected and appointed officials, officers, agents and employees based upon
the work performed by the Contractor, its employees, and/or authorized subcontractors under this
Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are
specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the
Contractor shall not be liable for the defense or indemnification of the City for claims, actions,
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complaints or suits arising out of the sole active negligence or willful misconduct of the City. This
provision shall supersede and replace all other indemnity provisions contained either in the City's
specifications or Contractor's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time,
or in any manner, represent that it or any of its agents or employees are in any manner agents or
employees of City. Contractor shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Contractor and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Contractor shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contractor further agrees to
indemnify and hold City harmless from any failure of Contractor to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to
Contractor's performance or services rendered under this Agreement, Contractor shall render any
reasonable assistance and cooperation which City might require.
6.12. Conflict of Interest. Contractor and its officers, employees, associates and
subcontractors, if any, will comply with all conflict of interest statutes of the State of California
applicable to Contractor's services under this agreement, including, but not limited to, the Political
Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections
1090-1092. Contractor covenants that none of Contractor's officers or principals have any interest
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in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree
with the performance of the services hereunder, including in any manner in violation of the Political
Reform Act. Contractor further covenants that in the performance of this Agreement, no person
having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing any
services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s)
and/or partnership(s) owning property in the City and further covenants and agrees that
Contractor and/or its subcontractors shall provide no service or enter into any agreement or
agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
owning property in the City prior to the completion of the work under this Agreement.
6.13. Prohibited Employment. Contractor will not employ any regular employee of City
while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.15. Costs. Each parry shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement and have had an adequate opportunity to review each and every provision of
the Agreement and submit the same to counsel or other consultants for review and comment. In
the event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the parties and in accordance with its
fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party
by virtue of the authorship of any of the provisions of this Agreement.
6.19. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
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this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.21. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement,
based upon the substantial benefit of the bargain for any party, is materially impaired, which
determination made by the presiding court or arbitrator of competent jurisdiction shall be binding,
then both parties agree to substitute such provision(s) through good faith negotiations.
6.22. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. Counterpart written signatures may be
transmitted by facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
6.23. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
6.24. Taxpayer Identification Number. Contractor shall provide City with a complete
Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal
Revenue Service.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF WEST COVINA,
A municipal corporation
David Carmany
City Manager
CONTRACTOR
Signature
Name and Title
11
Date:
Date:
Safe Sidewalks Incorporated dba
Precision Concrete Cutting
Form Revised September 2021
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
Helen Tran
Human Resources and Risk Management
Director
12
Date:
Date:
Safe Sidewalks Incorporated dba
Precision Concrete Cutting
Form Revised September 2021
EXHIBIT A
MASTER SERVICES AGREEMENT
ATTACHMENT NO. 3
MASTER SERVICES AGREEMENT
This Master Services Agreement ("AGREEMENT") made as of this date, I / i/ /? o k Rk �_, by and
between Precision Concrete Cutting ("CONTRACTOR") and The California Joint Powers Insurance
Authority ("AUTHORITY").
This AGREEMENT is created for the sole purpose of establishing an agreed -upon set of services and
related costs in order to allow California 1PIA members ("MEMBER") access to professional sidewalk
inspection and maintenance services.
Further, this AGREEMENT creates no obligation or expectation that any work will result from this
agreement. The CONTRACTOR's specific services are defined below, and are available to MEMBER
on an as -needed basis. The exact terms and conditions of such services are to be arranged between
CONTRACTOR and MEMBER. MEMBER is responsible for initiating and requesting any work of
CONTRACTOR.
Service Option I
SIDEWALK ASSESSMENT SERVICES
CONTRACTOR will inspect sidewalks and provide a written inspection report in the format approved by
the MEMBER (optional curbs and gutters can be included in the scope of work). The inspection reports
shall include the identification, location, and description of each problem and recommended action to be
taken. The format and information required may be changed at the request of MEMBER with the
agreement of both parties.
Sidewalk Assessment Fee Schedule
Cost Per
Sidewalk Mile
Total Sidewalk
Miles
Estimated Cost
per Day
Estimated
Man Days
Total Estmated
Assessment Cost
$386.00
TBD
$1,000
TBD
$TBD
Sample Services and Responsibilities
I. MEMBER shall provide maps of specified areas to CONTRACTOR.
2. CONTRACTOR shall inspect public rights -of -way designated on the maps.
3. CONTRACTOR shall use current ADA and California Building Code standards, as applicable, in
determining trip hazards. These hazards shall include, but not be limited to:
a) Differential displacement between sidewalk sections 3/8" or greater
b) Spall surfaces, holes in surfaces, and cracks above I" wide or greater
c) Deteriorated joints that have an eroded condition and are 1/2" wide or greater
4. CONTRACTOR shall record location of damaged sections in a GPS device.
5. Data entered into the GPS device shall be provided in writing to the MEMBER.
6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a) Identification and description of each problem condition
b) Physical address and location, including GPS location data
c) Size of the hazards in height, length, and square foot
Rev. 11/I8 Page[ of5 6.
d) Probable cause of the hazard, if evident
e) Pictures of damaged areas
f) Priority for repair— high, medium, or low
g) Recommended action to be taken
7. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.
Service Qption 2
SIDEWALK TRIP HAZARD REMOVAL
Hazard Class
Small
Medium
Large
Lineal Foot
Square Foot
(3/8 to 1/2)
(>1/2' to I)
(>1)
per Location
per Location
Price per Hazard
$25.75
$51.75
$104.25
5 lin. feet
25 sq. ft.
Price per Sq. Ft.
$1.03
$2.07
$4.17
$5.00
N/A
CONTRACTOR shall be paid a fee for trip hazard repair service on lifted sidewalk with a difference in
vertical elevation 3/8" and above to 2 1/2".
The fee paid to CONTRACTOR for trip hazard removal shall be charged on a per hazard class per 5
lineal feet. Removal of a trip hazard greater than 5 lineal feet shall be charged in 5 linear foot increments:
Example: A small hazard (3/8" to 1/2" high) that is 7 lineal feet shall be charged for 10 linear feet =
$26.50 x 2 locations = $53.00.
Sample Services and Responsibilities
1. CONTRACTOR shall repair sidewalk trip hazards from 3/8" and up to 2 1/2" in designated work
areas as determined by the MEMBER.
2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to
the other, if applicable, leaving a zero point of differential between slabs.
3. CONTRACTOR shall not cause any damage to landscaping, trees, retaining walls, curbs,
sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or
CONTRACTOR's equipment does cause damage to above, the MEMBER must be notified
immediately and damages must be repaired at the CONTRACTOR's expense within 24 hours of
the time the damage occurred.
4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is
repaired. All costs incurred for disposal of waste material shall be included in unit cost and not
paid for separately.
5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s) or
curb(s).
6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed,
which creates slurry and contaminates storm drains or causes excessive environmental impact.
7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a) The specific hazard height — both high side and low side measurement— in 1/8ths of an inch
b) The actual length of the repair to the nearest 1/2 foot
c) The total width of actual repair to the nearest 1/2 foot
d) The square feet of the effective panel from joint to nearestjoint or score line
e) The calculated unit for measurement shall be the square foot of the affected panel
Rev. I l/ I S Page 2 of 5
f) The physical location (address) of each repair
g) Pictures of each repair, as requested
h) Itemized cost of each repaired trip hazard
8. CONTRACTOR shall submit a detailed invoice setting forth the services performed, in
accordance with the formula for saw -cutting calculations. All invoices must show the cut depth,
size, length, width, square feet, address, the number of locations, and the date repaired for each
hazard removal. The billing unit for invoice calculation shall be the number of locations where
one (1) location is up to 5 lineal feet.
9. CONTRACTOR shall guarantee specified repair slope (1:12, or based upon the Americans with
Disabilities Act and California Building Code) is achieved. If defined slope is not achieved,
CONTRACTOR must repair to specification at no additional charge within 24 hours of
discovery.
10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and
texture. The finished surface shall have a co -efficient of friction of at least 0.6.
11. Method of trip hazard removal shall entail precise saw -cutting performed with hand-held,
electric -powered equipment, using a machined hub and flush -mounted, diamond -tipped blades.
Must be capable of cutting at any angle and perform trip hazard removal in hard -to -reach areas,
around obstacles, on narrow walkways, and next to fences and retaining walls or buildings.
12. CONTRACTOR shall make its best effort to notify residents 3 days in advance of any work and
schedule the operations so as to cause a minimum of interruption, interference or disturbance to
the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by
pedestrians and emergency, delivery and service vehicles at all times. Sidewalk repair equipment
and all other items incidental to the work shall not be left or stored on the sidewalk or on private
property while not in use.
13. CONTRACTOR shall take precautions during saw -cutting operations not to disfigure, scar, or
impair the health of any tree on public or private property.
Service Option 3
SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL
Hazard Class
Small
Medium
Large
Lineal Foot
Square Foot
(3/8" to 1/2")
(>1/2" to 1")
(>1")
per Location
per Location
Price per Hazard
$31.00
$62.00
$123.00
5 lin. feet
25 sq. ft.
Price per Sq. Ft.
$1.24
$2.48
$4.92
N/A
N/A
See sample services and responsibilities under respective sections in Service Option 1 and Service Option
2.
Service Option 4
FIVE-YEAR MAINTENANCE PROGRAM
Hazard Class
Small
Medium
Large
Lineal Foot
Square Foot
(3/811to1/211)
(>1/2"toI")
(>1")
per Location
per Location
Price per Hazard
$31.00
$62.00
$123.00
5 lin. feet
25 sq. ft.
Price per Sq. Ft.
$1.24
$2.48
$4.92
N/A
N/A
Rev. 11 / 18 Page 3 of 5 __
Sample Sidewalk Survey Services and Responsibilities
1. CONTRACTOR shall perform annual, semi-annual, or quarterly sidewalk inspection as
determined by the scope of services to be defined by terms mutually set between the MEMBER
and CONTRACTOR.
2. CONTRACTOR shall specify problems and recommend action to be taken.
3. CONTRACTOR shall prioritize the areas and problems to be resolved.
4. CONTRACTOR shall identify repairs to be accomplished by saw cutting.
5. CONTRACTOR shall identify spall surfaces, holes in surfaces, and cracks above 1" wide or
greater.
6. CONTRACTOR shall recommend areas to be demolished and replaced.
7. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a) Identification and description of each problem condition
b) Physical address and location, including GPS location data
c) Size of the hazards in height, length, and square foot
d) Probable cause of the hazard, if evident
e) Pictures of damaged areas
f) Priority for repair— high, medium, low
g) Recommended action to be taken
h) CONTRACTOR shall report to the MEMBER the results of the inspection upon completion
Sample Sidewalk Trip Hazard Removal Services and Responsibilities
I . CONTRACTOR shall make repairs and recommendations to achieve the lowest overall cost to
the MEMBER.
2. CONTRACTOR shall remove the existing trip hazards by saw cutting changes in elevation
between adjacent panels from 3/8" up to 2 1 /2" in height as specified in the scope of work defined
by mutually set terms between the MEMBER and CONTRACTOR.
3. The MEMBER shall set a fixed budget "not to exceed" per month, per quarter, or per year.
4. CONTRACTOR shall provide in-depth report, audit -able for maintenance and risk management.
Sample Remove/Replacement Survey Reporting Services and Responsibilities
I . CONTRACTOR shall survey and report all areas not recommended for saw cutting.
2. CONTRACTOR shall identify "remove and replacement" locations to maximize the repair of
locations that truly need to be replaced.
3. CONTRACTOR shall provide a written report that identifies the location, length, width, and
square foot measurement of the affected panels to be replaced.
4. CONTRACTOR shall provide GPS locations, maps and photographs of areas recommended for
removal and replacement.
5. CONTRACTOR shall provide an in-depth report on a monthly basis, audit -able for maintenance
and risk management.
Rev. 11/I8 Page 4 of __0
FOR AUTHORITY: FOR CONTRACTOR:
Norman Lefmann__ ___ Gary Beneduci _
NAME NAME
Assistant Executive Officer General Manager
TITLE TITLE
SIGN 'UR 1 ATURE
/z/6/rg �� 26 Zoi9
DATE DAT'
Rev. 11/I8 Page 5 of 5 !h