Loading...
Contract - Occupational Safety Training Systems - 2015-01-01 (2)AGREEMENT FOR CONSULTANT SERVICES SAFETY PROGRAM MANAGEMENT SERVICES This Agreement ( "AGREEMENT ") is made and effective as of January 1, 2015, between the Costa Mesa Sanitary District, a sanitary district ( "DISTRICT "), and OSTS, Inc. ( "CONSULTANT "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This AGREEMENT shall commence on January 1, 2015, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this AGREEMENT. 2. SERVICES CONSULTANT shall perform safety program management services ( "SERVICES ") to DISTRICT for DISTRICT's Safety Program ( "PROJECT "). The SERVICES to be provided are more particularly described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference. 3. PERFORMANCE — --CONSULTANT shall perform all SERVICES under this AGREEMENT in a skillful and competent manner, consistent with the standards generally recognized as being employed by consultants in the same discipline in the State of California and consistent with all applicable laws. CONSULTANT shall provide DISTRICT its work product in "turnkey" form. DISTRICT reserves the right to perform reasonable testing of CONSULTANT's work product before accepting the same. CONSULTANT shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. 4. COMPENSATION Compensation for the SERVICES shall be based on the actual amount of time spent in adequately performing the SERVICES and shall be billed on a monthly basis according to the agreed upon calendar of events, as described in Exhibit "B" and incorporated herein by reference. However, unless expressly agreed in a written change order in advance by DISTRICT, the cost to DISTRICT for the SERVICES shall not exceed six thousand eight hundred ten dollars ($6,810.00) annually. The written change order requirement cannot be waived. Failure to submit a written change order and g' PSA 30U 12 10 receive written approval by the DISTRICT prior to performing extra work shall constitute a waiver of a claim for additional time or compensation. Invoices shall be submitted to DISTRICT monthly as performance of the SERVICES progresses. DISTRICT shall review and pay the approved charges on such invoices in a timely manner. SERVICES on the PROJECT shall begin immediately and be completed by December 31, 2015, unless extended by DISTRICT in writing. 5. PREVAILING WAGES CONSULTANT understands that this job, if over One Thousand Dollars ($1,000.00) in value and not exempt, requires compliance with the prevailing wage law. (Labor Code §§ 1720 at seq.) As such, DISTRICT will ascertain the prevailing wages to be paid on this job from the Director of Industrial Relations. Said amounts are listed at http:// www .dir.ca.gov /dlsr /pwd /index.htm. CONSULTANT agrees to pay prevailing wages and maintain prevailing wage records regarding those payments. CONSULTANT is also required to comply with the apprentice requirements. CONSULTANT shall defend, indemnify, and hold the DISTRICT, 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. CONSULTANT recognizes that state law makes eight (8) hours a day's work, and any worker working in excess of that time must be paid overtime. (Labor Code § 1813.) 6. INSURANCE CONSULTANT shall, at its expense, procure and maintain for the duration of this -- AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this AGREEMENT by the CONSULTANT, its agents, representatives, employees, or subcontractors. - ---CONSULTANT shall also require all of its subcontractors to procure and maintain the same insurance for the duration of this AGREEMENT. If CONSULTANT is an employer or otherwise hires one (1) or more employees during the term of this PROJECT, CONSULTANT shall procure and maintain workers' compensation coverage for such employees which meets all requirements of state law (Labor Code § 1861). At a minimum, CONSULTANT is required to submit proof of insurance in accordance with the following standards: Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile Liability. Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability. Workers Compensation insurance as required by the State of California and Employer's Liability Insurance. PSA 30U 12 10 Minimum Limits of Insurance: CONSULTANT shall maintain limits of no less than: (A)General Liability. One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT /location or the general aggregate limit shall be twice the required occurrence limit. (B)Automobile Liability. One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage. (C)Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Insurance Endorsements: The insurance policies shall contain the following provisions, and a separate endorsement stating to add the following provisions to the insurance policies shall be submitted and approved by DISTRICT: (A) General Liability. The general liability policy shall be endorsed to state that: (1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the work or operations performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects DISTRICT, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the CONSULTANT's scheduled underlying coverage. Any insurance or self- insurance maintained by DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of the CONSULTANT's insurance and shall not be called —upon to contribute with it in any way. - (B) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against DISTRICT, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the CONSULTANT. (C)AII Coverage. Each insurance policy required by this AGREEMENT shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to DISTRICT, and (B) any failure to comply with reporting or other provisions of the policies, including breaches or warranties, shall not affect coverage provided to DISTRICT, its directors, official, officers, employees, agents, and volunteers. 3 PMSou 1210 Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A- :VIII, licensed to do business in California, and satisfactory to DISTRICT. All insurance documents must be submitted and approved by the District's Risk Manager prior to execution of any AGREEMENT with DISTRICT. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT's services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless DISTRICT and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including, but not limited to, officers, agents, employees, or subconsultants of CONSULTANT. _ 8. TERMINATION DISTRICT may terminate this AGREEMENT at any time with or without cause. If DISTRICT terminates this AGREEMENT without cause before PROJECT completion, CONSULTANT shall be entitled to be paid for SERVICES adequately completed prior to the notification of termination. CONSULTANT may terminate this AGREEMENT for cause only. 9. MISCELLANEOUS This AGREEMENT shall be interpreted according to the laws of the State of California and any action arising from this AGREEMENT shall be brought in the superior or federal district court with jurisdiction over DISTRICT. PSA 3011 12 10 This AGREEMENT and the attachments hereto shall contain the entire agreement between the parties. This AGREEMENT cannot be modified except in a writing signed by both parties. In the event of inconsistency between this AGREEMENT and any attachment hereto, this AGREEMENT shall control in all respects. DISTRICT shall own all work product prepared in the course of providing the SERVICES under this AGREEMENT. In the event of termination of this AGREEMENT, CONSULTANT shall immediately turn all work product over to DISTRICT. If specialized software or computer hardware is required to view or transmit said work product, CONSULTANT shall make that software and hardware available to the DISTRICT at no cost during normal business hours. This AGREEMENT cannot be assigned without the prior written consent of the DISTRICT. CONSULTANT is and shall at all times remain as to DISTRICT an independent contractor.. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONSULTANT for performing any services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing any services hereunder. All information gained by CONSULTANT in the performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without DISTRICT's prior written authorization. CONSULTANT shall not, without written authorization from the General Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives DISTRICT notice of such court order or subpoena. - _ - -- // /! /! I/ / // PSA SOU 1210 CONSULTANT warrants that the individual who has signed this AGREEMENT has the legal power, right, and authority to make this AGREEMENT and bind the CONSULTANT hereto. If you agree with the terms of this AGREEMENT, indicate by signing and dating two original agreements where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. DISTRICT Approved by. L General Approved as to Form: Harper & Bums LIP District Counsel PSA 00U 1210 CONSULTANT Reviewed and Accept d by: Signature ` 1 G au" Name ��e5iC Title Date OS.TS., Inc. Occupational Safety Training Systems 14630 Cenral Avcnuc • Chino, Ca 91710 (877) 4046787 • (909) 468 -3602 • FAX (909) 468 -3602 www.ostsinc.com Program Management Services Ongoing Services Program Management safety services are designed to ensure, that your employees receive and understand all pertinent information related to the company's safety program goals. The presentation of material is focused on employee health and safety, company - specific policies, and regulatory requirements. The three primary ongoing services include: • Safety Committee Mee n„gs Safety Committee Meetings include facilitation and regulatory guidance of meeting subject matter. OSTS will assign, if not already selected, an employee to take minutes of these meetings and post them in the appropriate languages for all employees to read. Employee Safety Training Employee training sessions may include lecture, hands -on, video and/or handout materials as determined necessary. O.S.T.S., Inc. will encourage questions and provide appropriate / company - positive answers. • .Follow -up facility safety inspections Follow -up facility inspections include verification of corrective actions related to items uncovered during a previous "Comprehensive" or "Follow -Up" facility audit. Additionally, newly uncovered items will be added to the perpetual auditing report for discussion in the next Safety Committee meeting. Employee Safety Training Topics (English or Spanish as needed) The following is a list of common topics that may be considered for the regularly scheduled employee safety training sessions. This is NOT a complete listing of available topics. OSTS can put together a customized list of suggested topics based on your company's specific hazards. *.HPP Orientation * Bloodbome Pathogens Back Injury Prevention Hand Protection *.Hearing Conservation * Respiratory Protection * Hazard Communication Fire Prevention Safety Eye Protection Fire Extinimisher Use Basic Electrical Safety Stl sffri s/Falls * Lockout / Tagout / Blockout * Emergency Preparedness Ergonomics: Office or Mfg. Evacuation Drill facilitation (may be combined with Emergency Pte aredness Trainiu ) Machine Guarding Safety I Housekeeping blan other p ' s are ava&ble. Ask ow account rep, For details These items require development of formal written programs per CCR Title 8 regulations. EXHIBIT A Program Management Services Pricing The following is discounted pricing for your company. One class is, approximately, to one -hour worth of OSTS on -site time. Each class is approximately, thirty to forty-five minutes in length. • (1) One Class: $325.00 _ • (2) Two Classes (back -to- back * *): $450.00' • (3) Three Classes (back -to- back * *): $575.00' • 1(2 Day (four hours on- site): $650.00 Full Day (eight hours on- site): $1,200.00 Technical Service Pricing OSTS will address technical service pricing on an as needed basis such as Hazardous Materials, CPR/First Aid & Forklift. Your company may request specific technical service pricing at any time as determined necessary. Safety Consulting Fee: $165 per hour ** Hack -to -back meaning that there are no significant gaps between classes (i.e. more than 15 minutes) t {2} price can utilize one class and along with conducting an Inspection or Safety Committee meeting. (3) Can utilize all two services. Initial, Comprehensive Safety Audit Pricing OSTS will conduct a facility-wide comprehensive physical . safety audit. The primary focus of this audit is to uncover the vast majority of employee safety and health concerns which may or may not be tied to a Cal OSHA regulatory violation. Again, Cal OSHA requirements will be the primary concern, however, we may uncover Fire Department, Cal EPA, or SCAQMD deficiencies along the way. All deficiencies will be identified on our perpetual audit report form. Each physical item will be accompanied by a photograph to assist the client in identifying the exact concern. If determined necessary, the OSTS consultant may include some specific CCR Title 8 Sections that are critical to particular findings. Examples of Audit pricing (The following prices are examples only, each businms MUST be evaluated independently to uncover time consurring variables) Type f Business Sirc Luna) Audio Fonow-0 Audits Manufacturing 5,000- 50,000 $900.00 Follow -up audits do notinclude photographs and regulatory references Manufacturing 50 000- 150,000 $1450.00 Manufacturing pbulon 150 — 200,000 $2250.00 DisN 50,000- 100000 $1,100.00 Disut 100 -200 $l 00.00 Off l 5,000 -50 $500.00 , rres I Clerical 50 - 100000 $900.00 'Travel Pricing Miles (one way) from OSTS office Travel Charse 00-50 $00.00 51 -75 $50.00 76 -100 $125.00 'Ask your OSTS representative for pricing details regarding locations beyond 100 miles. EXHIBIT A SAFETY TRAINING PROGRAM SCHEDULE company: CMSD- OFFICE Address: 628 W. 19th St Costa Mesa 92627 Training Schedule From: February 2015 To: January 2016 DATE: February2015 DATE: March2015 DATE: Apri12015 TOPICS TO BE COVERED TOPICS TO BE COVERED TOPICS TO BE COVERED GHS /Hazcom Basic First Aid Bloodborne Pathogens (1 hr) _ (1 hr) (1 hr) DATE: May2015 DATE: June2015 DATE: July2015 TOPICS TO BE COVERED TOPICS TO BE COVERED TOPICS TO BE COVERED Heat Illness Prevention Fire Extinguisher Office Ergonomics (lhr) (1hr) (1hr) DATE: August2015 DATE: September2015 DATE: October2015 TOPICS TO BE COVERED TOPICS TO BE COVERED TOPICS TO BE COVERED Emergency Preparedness Evacuation Drill Basic Electrical (1hr) (1hr) (1 hr) DATE: November2015 DATE: Decambar2015 DATE: January2016 TOPICS TO BE COVERED TOPICS TO BE COVERED TOPICS TO BE COVERED Slips, Trips, Falls Holiday Safety Back Safety (1hr) I (1hr) I (1hr) t EXHIBIT B SAFETY TRAINING PROGRAM SCHEDULE Company: CMSD -FIELD Address: 174 W. Wilson St Costa Mesa, 92627 Training Schedule From: February 2015 To: January 2016 DATE: February2015 DATE: March2015 DATE: ApJ12015 TOPICS TO BE COVERED TOPICS TO BE COVERED TOPICS TO BE COVERED Personal Protective Equipment & Bloodborna Pathogens Ladder Safety Back Safety (1 hr) (1 hr) If hr) SCM /Facility Walk Thou DATE: May2015 DATE: June2015 DATE: July2015 TOPICS TO BE COVERED TOPICS TO BE COVERED TOPICS TO BE COVERED Heat Illness Lockout/Tagout Fall Protection (1 hr) (Authorized) (2hrs) (2hrs) SCM/Facility Walk Thou DATE: AugusI2015 DATE: September2015 DATE: October2015 TOPICS TO BE COVERED TOPICS TO BE COVERED TOPICS TO BE COVERED Fire Extinguisher Respiratory Protection Hazwoper FRO Refresher (11hr) (relates to Dust Mask) (8 hm) (hr) SCM/Facility Walk Thru Emergency Preparedness Evacuation Drill (ihr) DATE: November2015 DATE: Decamber2015 DATE: January2016 TOPICS TO BE COVERED TOPICS TO BE COVERED TOPICS TO BE COVERED Slips, Trips, Falls Holiday Safety GHS /Hazcom (1 hr) (1hr) (1 hr) SCM/Facility Walk Thou EXHIBIT B Costa Mesa Sanitation District Safety Program Management 2015 Pricing (See Training Calendars for detail) February: $605,00 • Field — PPE & Back Safety - $215.00 • Office — GHS/Hazardous Communications - $215.00 • Quarterly Facility Inspection Walk -Thru - $125 • Quarterly Safety Committee Meeting - $50 March: M30.00 • Field — Bloodbome Pathogens - $215.00 • Office —Basic First Aid- $215.00 April: $430.00 • Field — Ladder Safety - $215.00 _ • Office — Bloodbome Pathogens - $215.00 May: $605.00 • Field —Heat Illness- $215.00 • Office — Heat Illness Prevention - $215.00 • Quarterly Facility Inspection Walk -Thm - $125 • Quarterly Safety Committee Meeting - $50 - June: $430.0 n • Field —LOTO -Authorized - $215.00 • Office —Fire Extinguisher - $21100 July: $43100 • Field — Fall Protection - $215.00 • Office — Office Ergonomics - $215.00 August: $605.00 • Field - Fire Extinguisher— $215.00 • Office — Emergency Preparedness - $215.00 • Quarterly Facility Inspection Walk -Thor - $125 • Quarterly Safety Committee Meeting - $50 September: $645.00 • Field — Respiratory Protection (relates to Dust Mask) Emergency Preparedness - $215.00 • Evacuation Drill — $215.00 • Office — Evacuation Drill - $215.00 October: $1,165.00 • Field — Hazwoper FRO Refresher - $950 • Office — Basic Electrical - $215.00 EXHIBIT B November: $605.00 o Field — Slips, Trips & Falls - $215.00 o Office — Slips, Trips, & Falls - $215.00 o Quarterly Facility Inspection Walk Thor - $125 o Quarterly Safety Committee Meeting - $50 December: $430.00 o Field — Holiday Safety - $215.00 o Office — Holiday Safety - $215.00 January 2016: $430.00 o Field — GHS/Hazardous Communications - $215.00 o Office —Back Safety - $215.00 Estimated total for the year: $6,810,001 tCost could vary based on the number of classes to be scheduled. Inspections are based on square footage and environment being inspected. Topics can be moved, changed or new topics added Please call if you have any questions. 909.468.3602 Sincerely, Gregg Bullock/Sherry Gonzalez Business Development OSTS Inc. EXHIBIT B