HomeMy WebLinkAboutProfessional Service Agreement with Safety Enterprises, Inc. for Safety Consulting~Vi~E IDIAN~-
P11bi1C ~DANO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Scott Steckline, President of the Safety Committee
DATE: 11/0912009
Mayor Tammy de Weerd
city ceonefl Membe.:.
Keith B'crd
Brad Hoa®lun
Chary Rountree
David Zaremba
SUDJECT: PROFESSIONAL SERVICE AGREEMENT FOR SAFETY CONSULTING
RECOMMENDED ACTION
A. Move to:
1. Approve the Consultant Agreement with Safety Enterprises, Inc, the most
qualified firm to provide Safety services to the City of Meridian, in an
amount not to exceed $27,600.00
2. Authorize the Mayor to sign the agreement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONNEL
Tom Barry, Director of Public Works 489-0372
Bruce Freckleton, Development Services Manager 489-0362
Scott Steckline, Land Development Supervisor 489-0369
III. DESCRIPTION
A. Background
The City of Meridian Department of Public Works (Department) has always been
committed to providing our employees with a safe and healthful workplace. No
activity conducted by Department employees is so important that we cannot afford to
conduct-the activity in a safe and healthful manner. The Department also accepts the
responsibility for providing appropriate health and safety training for our employees,
and providing employees with the means to conduct their activities in a safe manner.
Page X of 2
B. Consultant Selection
On September 28a' 2009 the City of Meridian solicited proposals from firms
capable of providing Safety Consultant Services. After reviewing the proposals,
Safety Enterprises was selected as the most capable consultant.
IV. IMPACT
A. Fiscal Imuact:
Proiect Costs
Consultant Agreement $27,b00.00
Total $27,600.00
Project Funding
Funds will be divided equally among the following Departments.
Engineering 3200-52040-60
Water Department 3410-52040-60
Waste Water 3510-52040-60
V. ALTERNATIVES
A. At this time no other alternative are available. In the future, the City may look
into the possibility of hiring a full time employee to perform the Safety
Consultants duties.
VII. LIST OF ATTACHMENTS
A. Consultant Agreement
~~ K~~~
Approved for Council Agenda: ~~ ~3 ~n `~
Bruce Freckleton, Dev opment Services Manager Date
Page 2 of 2
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 17th
day of November , 2009, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Safety
Enterprise, Inc., hereinafter referred to as "CONSULTANT", whose business address is
660 WatertowerLSuite G.. Meridian ID 83642..
INTRODUCTION
Whereas, the City has a need for services involving Safety Consultinq
Services; and
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and has agreed #o provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution
of this Agreement and receipt of the City's written notice to proceed, all
services, and comply in all respects, as specified in the document titled
"Scope of Services" a copy of which is attached hereto as Attachment "A"
and incorporated herein by this reference, together with any amendments
that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Consultant under this Agreement, including without
limitation electronic data files, are the property of the Consultant; provided
however, the City shall have the right to reproduce, publish and use all
such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so. If any such work is
copyrightable, the Consultant may copyright the same, except that, as to
any work which is copyrighted by the Consultant, the City reserves a
Safety Consultant - page 1 of 12
royalty-free, non-exclusive, and irrevocable license to reproduce, publish
and use such work, or any part thereof, and to authorize others to do so.
1.3 The Consultant shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Consultant represents and warrants that it will perform
it's work in accordance with generally accepted industry standards and
prat#ices for the profession or professions that are used in performance of
this Agreement and that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the Consultant and any reports
or opinions prepared or issued as part of the work performed by the
Consultant under this Agreement, Consultant makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provide by the consultant at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Consultant shall be compensated on a Time & materials basis
as provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof.
2.2 The Consultant shall provide the City with a monthly statement , as
services warrant, of fees earned and costs incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City. The Gity will not wi#hhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Consultant under the terms and conditions of this
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Consultant.
2.3 Except as expressly provided in this Agreement, Consultant shall
not be entitled to no receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement., including ,but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specil:ICally,
Consultant shall not be entitled by virtue of this Agreement to
consideration in the form of overtime, health insurance benefits,
Safety Consultant - page 2 of 12
retirement benefits, paid holidays or other paid leaves of absence of any
type or kind whatsoever.
3. Term:
This agreement shall become effective upon .execution by both parties,
and shall expire one year from execution. This agreement may be
extended for up to three (3) one year terms if agreeable by both
parties.upon completion of the agreed upon services, September 30,
2010 or unless sooner terminated as provided below or unless some
other method or time of termination is listed in Attachment A.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONSULTANT shall be
acting. as an independent contractor, and neither CONSULTANT nor any
officer, employee or agent of CONSULTANT will be deemed an
employee of CITY. Except as expressly provided in Attachment A,
Consultant has no authority or responsibility to exercise any rights or
power vested in the City. The selection and designation of the personnel
of the CITY in the performance of this agreement shall be made by the
CITY.
4.2 Consultant shall determine the method, details and means of
performing the work and services to be provided by Consultant under this
Agreement. Consultant shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of Consultant in
fulfillment of this Agreement.
5. indemnification and Insurance:
CONSULTANT shall indemnify and save and hold harmless CITY from
and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
CONSULTANT., its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct
of CITY or its employees. CONSULTANT shall maintain, and specifically
agrees that i# will maintain, throughout the term of this Agreement, liability
insurance., in which the CITY shall be named an additional insured in the
Safety Consultant - page 3 of 12
minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Professional Liability /
Professiona! errors and omissions One Million Dollars ($1,000,000}
aggregate, Automobile Liability Insurance One Million Dollars
($1,000,000) per incident or occurrence and Workers' Compensation
Insurance , in the statutory limits as required by law.. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify
and save-and hold harmless CITY; and if CITY becomes liable for an
amount in excess of the insurance limits, herein provided, CONSULTANT
covenants and agrees to indemnify and save and hold harmless CITY
from and for all such losses, claims, actions,, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Consultant or Consultant's officers,
employs, agents, representatives or subcontractors and resulting in or
attributable to personal injury, death, or damage or destruction to tangible
or intangible property, including use of. CONSULTANT shall provide
CITY with a Certificate of Insurance, or other proof of insurance
evidencing CONSULTANT'S compliance with the requirements of this
paragraph and file such proof of insurance with the CITY at least ten (10)
days prior to the date Consultant begins performance of iYs obligations
under this Agreement. In the event the insurance minimums are changed,
CONSULTANT shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
6. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Safety Enterprise, Inc.
Attn: Richard Fesler
600 E. Watertower Suite G
Meridian. ID 83642
Ph. (208898-0830
Safety Consultant - page 4 of 12
Either party may change their address far the purpose of this paragraph
by giving written notice of such change. to the other in the manner herein
provided.
7. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as maybe granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shalt- be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
8. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
9. Assignment: It is expressly agreed and understood by the parties
hereto, that CONSULTANT shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
1 a. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT shall not unlawfully discriminate in violation of any federal,
state or local law, rule or regulation against any person on the basis of
race, color, religion, sex, national origin or ancestry, age or disability.
11. Reports and Information:
12.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
12.2 Consultant shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreementfor a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
Safety Consultant - page 5 of 12
12. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONSULTANT'S records with respect to
all matters covered by this Agreement. CONSULTANT shall permit the
CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
13. Publication, Reproduction and Use of Material: No material produced
in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shah have
unrestricfied authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
14. Compliance with Laws: In performing the scope of services required
hereunder, CONSULTANT shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
15. Changes: The CITY may, from time to time, request changes in the
Scope of Services to be performed hereunder. Such changes. including
any increase or decrease in the amount of CONSULTANT'S
compensation, which are mutually agreed upon by and between the CITY
and CONSULTANT, shall be incorporated in written amendments to this
Agreement.
16. Termination: If, through any cause, CONSULTANT, its officers,
employees, or agents fails to fulfill in a timely and proper manner its
obligations under this Agreement, violates any of the covenants,
agreements, or stipulations of this Agreement, falsifies any record or
document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of
this contract, or if the City Council determines that terminatian of this
Agreement is in the best interest of CITY, the CITY shall thereupon have
the right to terminate this Agreement by giving written notice to
CONSULTANT of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such
termination. CONSULTANT may terminate this agreement at any time by
giving at least sixty (60) days notice to CITY. This Agreement shall
terminate automatically on the occurrence of (a) bankruptcy or insolvency
of either party, or (b) sale of Consultants business.
In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by CONSULTANT
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under this Agreement shall, at the option of the CITY, become its
property, and CONSULTANT shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
Notwithstanding the above, CONSULTANT shall not be relieved of liability
to the CITY for damages sustained by the CITY by virtue of any breach of
this Agreement by CONSULTANT, and the CITY may withhold any
payments to CONSULTANT for the purposes of set-off until such time as
the exact amount of damages due the CITY from CONSULTANT is
determined. This provision shall survive the termination of this agreement
and shall not relieve CONSULTANT of its liability to the CITY for
damages.
17. Construction and Severability: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder
of the Agreement is reasonably capable of completion.
18. Advlce of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
it's attorney's or the opportunity to seek such advice.
19. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,.
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
20. Applicable Law: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
21. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
Safety Consultant - page 7 of 12
CITY OF MERIDIAN
BY:
TAMMY de RD, MAYOR
Approved by Council IZ ' ~" 09
Attest:
HOLMAN, CITY
Safety Enterprise, Inc.
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°~'BY: Richard Fesler
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Approved as to Content
BY:
KEITH WATTSI, URCHASGI~NG AGENT
Dated: ~i - ~ D i
Department Approval
BY:
NAME:~',L' tsrt' Sr~lCU ~~
TITLE: L~~O OE~lE~.~o~M~nfi'.S~ ~~~prt.
Dated: 12~ ~1 ~ 0 °~
Approved as to Form
CITY ATTORNEY
Safety Consultant
page 8 of 12
Attachment A
SCOPE OF SERVICES (Inspection}
Scope of Services
Attend monthly Safety Committee Meetings and serve as a resource during the
discussion.
Attend bi-annual Task Force Meetings and serve as a resource during the discussion.
Conduct the following Site Safety Audits:
Water Department
Constnaction process (New Water Wells & Building}
Physical safety of wells 8~ pump stations
Work activity review; Wells, Pump Stations scheduled during
maintenance activities at the physical locations
Waste Water Treatment Facility
Construction process (conduct safety review while on plant site)
Normal production operations (schedule to conduct reviews of site safety)
Physical safety of lift stations
Work activity review; Plant, lift stations, scheduled during maintenance
activities at the physical locations
EngineeringlDevelopment Services
Construction process of Public Works Projects (conduct safety review of
project sites)
Provide recommendation for safety training to the Public Works employees.
Conduct safety training (as agreed) to Public Works employees.
Safety Consultant - page 9 of 12
SCOPE OF SERVICES (Training)
Conduct Safety Training
General Safety Training:
A minimum of fins {2} separate Safely training topics will be presented
each year. Each topic will be presented a minimum of four {4) times over
a three week period each year (approx. two (2)hours per session).
General Safety Training sessions are included in my labor cost, materials
cost and vehicle cost. Each training session will include a list of
participants completing the training, a copy of the signed roster and a
copy of the instructional handout materials. The following is a list of
typical general safety topics from which the classes may be based.
Accident Injury Response Policy
Back Safety
Bloodborne Pafhogens
Chemical Hygiene Plan Awareness Training
Cold Stress
Electrical Safefy
Emergency Action Plan
Energy Isolation- Lockout/Tagout
Excavation Trenching Awareness Training
Fall Protection Training
Fire Extinguishers
Harassment Issues in the Workplace
Hazard Communication
Heat Stress
Hoist and Rigging Safety -Portable & Fixed
Ladder Safety
Lift - Cany -Bend Safely
Machine Guarding
Material Handling -Manua! Lifting
Noise (Hearing Conserve#ion)
Persona! Protective Equipment
Scaffold Safefy Use Awareness
Slip, Trip and Fall Hazards Awareness Training
Spill Response fo Chemical hazard
Violence in the Work Place
Wafer Safety
Safety Consultant - page 10 of 12
Welding, Cutting and Brazing
Others
Technical Training:
A minimum of one {1) technical training classes will be presen#ed at an average
length of 5 hours a minimum of three (3) different times over a three (3) week period.
All rnateria! costs are included in the training fees. Possible topics include the
following:
Accident Investigation 4 hours
Buckef/8oom Truck Operator Safefy 4 hours
Chemical Hygiene jLab Safety] 2 hours
Conducting PPE Hazard Assessments 2 hours
Conducting Job Hazard Analysis 4 hours
Drivers Safety Training, 4 hours
Electrical ARC Flash Hazard * 4 hours
Emergency Response Team Training 4 hours
Excavation and Trenching Safety * 6 hours
Fire Brigade 4 hours
HAZWOPER 40, 24, 8 hours
Incident Command System Training, 3 hours
OSHA Outreach 70 Hours Safety Training 10 hours
General Industry
Construction Industry
Permit-Required Confined Spaces * 6 hours
Powered Platforms 4 hours
Aerial and Scissor Lift equipment
Powered Industrial Trucks -Forklift 4 hours
Respiratory Protection & Fit Tesfing 4 hours
Scaffold Competent Person Training 6 hours
Supervising For Safefy 4 hours
Workplace Hazards Ident~cation 4 hours
Others
Safety Consultant - page 11 of 12
Attachment B
PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$27,60fl.OQ. Fees will be billed monthly for actual services performed for the previous
month per the schedule below.
TASK DESCRIPTION Unit Amount
A, Safety Professional far inspections (40), Training Sessions (11) &
Meetin s 14 $68.i 1/hr. $5,800.00
B• Safety Construction Tech for Inspections (200} $24.85/hr. $12,800.00
C• Job Site Report Documents (220} $3.63 $800.00
D. Physical Site Inspection Reports (20), includes photo copies, digital
hotos taken & used, and bindin of re ort $50,00 $1,000.00
E• Training Materials Binding (60}, includes digital photos taken & used, $30.00 $1,800.00
F• Safety Committee research projects completion (12} includes
documents 8~ hoto co ies. $41.66 $500.00
G• Vehicle Operating F~cpenses per mile @9090 miles. $0.55 $2,000.00
Fi. Professional E80 Insurance, General Liability &Automotive
Insurance. $1,800.00
I Rental of training or display equipment (to be reimbursed from actual
recei ts. 1Vo marku $1,000.00
J
TOTAL $27,500.00
Safety Consultant - page 12 of 12