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Item 3 - Award of Agreement to NV5 for Safety Consultant Services, RFP No. 20-007City of Poway COUNCIL AGENDA REPORT DATE: January 21, 2020 TO: Honorable Mayor and Members of the City Cquncil FROM: Eric Heidemann, Director of Public Works CONTACT: Pat Ryan, Interim Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or pryan@poway.org SUBJECT: Award of Agreement to NV5 for Safety Consultant Services, RFP No. 20-007 Summary: A notice inviting proposals for Safety Consulting Services was duly advertised on September 5, 2019. Three proposals were received on October 31, 2019. NV5, a California corporation, has been selected as the firm that best meets the evaluation criteria and suits the needs of the City. NV5 has worked extensively with public and private agencies in California and specializes in safety consulting, training and industrial hygiene services. The first term of the Agreement is for two years beginning January 1, 2020, through December 31, 2022. The Agreement may be extended subject to Council appropriation of funds for a total of three separate one-year term extensions. The maximum length of the Agreement would be up to five years. Recommended Action: It is recommended that the City Council award the Agreement for Safety Consultant Services, RFP No. 20-007, to NV5 and authorize the City Manager to execute the necessary documents. Discussion: The City's day-to-day operations must comply with numerous federal and state safety laws and regulations. The scope of work that must be undertaken to ensure compliance with these requirements is diverse and often requires the assistance of technical consultants with specialized education, certifications and experience. Due to the varied and time -sensitive nature of the work, City staff seeks the retention of a qualified safety consultant that will be available to respond to critical safety projects. On September 5, 2019, staff advertised a Request for Proposal (RFP) for as -needed safety consultant services through the City's online bid portal and advertised the RFP in the Poway News Chieftain. The categories of requested services under the RFP included: • Prepare or update written safety programs; • Job task safety analysis to conduct job hazard analyses; • General safety reviews to comply with Occupational Safety and Health Administration (OSHA); • Hazard communication plan reviews and updates; • Facility inspections and trainings; and • Water treatment plant regulatory compliance. 1 of 21 January 21, 2020, Item #3 Responses to the RFP were received from three firms. Responses were evaluated in accordance with the qualification -based criteria to determine the highest ranked proposals. The evaluation criteria included firm qualifications, prior experience performing similar work, scope of service capabilities and the reasonableness of the fee schedule submitted for safety consulting work. After initially reviewing proposals, staff removed the water treatment task items from the proposed Agreement as a result of the firms' experience not matching operational needs. Staff is in the process of conducting a separate solicitation for these services. Based on the remaining scope of services and respective firm's capabilities, NV5 was determined to best meet the service requirements of the RFP and is being recommended for selection. The hourly rates and the position classifications for each firm listed in the table below are assumed comparable position rates between consultants: Consultant Firm Principal Senior Specialist/Training Professional Specialist/ Technician NV5 $215 $145 $70 G&G Risk Management Consultants Inc. $105 $105 $105 Advanced Chemical Transport, Inc. $150 $120 $95 While NV5's hourly rates are the highest among the of proposals received, NV5's proposal was the highest ranked during the RFP evaluation process. NV5 was selected due to their extensive knowledge in safety, compliance, and industrial hygiene. In addition, NV5's references and past project experience best demonstrated that it could successfully complete the safety consultant service work provided by the City. NV5 is located in San Diego, less than 10 miles from City facilities. NV5 is a leading provider of engineering and consulting services in energy, construction quality assurance, infrastructure, program management, environmental services and has worked extensively with public and private agencies in California. Under the Agreement, NV5 will assist in creating new and/or reviewing and modifying existing programs, conducting work place safety training and general program management consulting. The length of the initial Agreement is two years beginning February 1, 2020, through December 31, 2022, with options to extend the Agreement for three separate one-year term extensions, subject to Council appropriation of funds. The maximum length of the Agreement would be up to five years. Approving the Agreement will further enhance the City's culture of safety, identify required and targeted safety training, and incorporate best practices and procedures into on-going safety efforts. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds are available in the Fiscal Year 2019-20 Budget (412040-41200, 413010-41200, 414040-41200, 415010-41200,420040-41200) for as -needed services. Amounts for subsequent years will be included in the annual budget process for Council's consideration. Public Notification: None. 2 of 21 January 21, 2020, Item #3 Attachments: A. Agreement with NV5 Reviewed/Approved By: Reviewed By: Wendy Kaserman Alan Fenstermacher Assistant City Manager City Attorney Approved By: i 1 Chri Haze City Manager 3 of 21 January 21, 2020, Item #3 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this First day of February, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and NV5, a California Corporation (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private Consultant to perform as - needed safety consulting services for the City (Project); and WHEREAS, Consultant has special knowledge, experience, facilities and Consultant has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60 -day written notice to Consultant. During said 60 - day period Consultant shall perform all contracting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 4 of 21 ATTACHMENT A January 21, 2020, Item #3 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as Consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of 21 January 21, 2020, Item #3 "Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ® 1. Consultant/Consultant will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. ❑ 2. Consultant/Consultant will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Consultant shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 6of21 January 21, 2020, Item #3 years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent consultant and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -Consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, Indemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -Consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 7 of 21 January 21, 2020, Item #3 (c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any Indemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 8 of 21 January 21, 2020, Item #3 Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60 -day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate Consultant and any and all employees of Consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (CaIPERS) and shall not become members of CaIPERS while providing services to City. 9 of 21 January 21, 2020, Item #3 Consultant further provides that in the event Consultant assigns a retired annuitant receiving a pension benefit from CaIPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Consultant hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CaIPERS in the event CaIPERS determines the person assigned by Consultant to provide services to City has been misclassified. 25. Severabilit If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 21 January 21, 2020, Item #3 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY NV5 By: By: Chris Hazeltine, City Manager Name, Title Date: ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By: Alan Fenstermacher, City Attorney 11 of 21 Date: January 21, 2020, Item #3 "SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform contracting services as required by City, which shall consist of the as -needed safety consulting services further described in the Scope of Services submitted with the proposals dated October 3, 2019, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated October 3, 2019, which are included in this document as Attachment 2. Total fee is not to exceed $100,000. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said contracting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty -Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing Febuary 1, 2020, and ending December 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises -operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 21 January 21, 2020, Item #3 (b) Automobile Liability, including owned, hired, and non -owned vehicles: $1,000,000 combined single limit. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 13 of 21 City of Poway P.O. Box 789 Poway, CA 92074 NV5 15092 Avenue of Science, Ste. 200 San Diego, CA 92128 January 21, 2020, Item #3 EXHIBIT "B" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 14 of 21 (1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12 -month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. January 21, 2020, Item #3 (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (1)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. 15 of 21 January 21, 2020, Item #3 (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System I1 who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 ' 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note— Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (0(1) and (0(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (0(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 16 of 21 January 21, 2020, Item #3 ATTACHMENT 1 PROJECT DESCRIPTION/SPECIFICATIONS The scope of work for this contract will vary as the need arises and will be at the discretion of the City. Assigned work will be on a task order basis. The Consultant may be selected to perform the following services: 1. Written Safety Programs The City has written safety programs unique to each group. The Consultant will be provided copies of all written programs and shall review the City's written programs and identify any items that will require updates due to changes in regulation or any missing elements of a successful, sustainable safety programs. Potential tasks include: 1. Review Public Works written safety programs to ensure compliance with Cal - OSHA regulations and update as needed. 2. Recommend new written safety programs for Public Works and prepare upon request. 3. Updates, new programs, and binders to be provided in paper and electronic format. 4. Edit written safety programs, as needed, to incorporate findings of the Job Hazard Analysis and PPE Assessments. 5. Prepare a Quick Reference Document for each written program, summarizing the changes in the revision and basic description of the program (e.g., key points, what training or authorization is necessary, where necessary equipment is stored, etc.) 6. Provide overview training on written program updates, upon request. 7. Recommend written safety programs that are applicable to other City departments. 8. Existing written safety programs requiring review and possible updating: i. Ergonomic Program ii. Bloodborne Pathogens iii. Confined Space Entry iv. Medical and First Aid v. Respiratory Protection vi. Hazard Communication and SDS vii. HAZWOPER viii. Powered Industrial Truck -Forklift ix. Mobile Equipment -Crane x. Hazardous Energy Control (including Lockout/Tag-out and Electrical Safety elements) xi. Heat Illness Prevention xii. Excavation Safety (including Trenching and Shoring elements) xiii. Fall Protection xiv. Machine Guarding 2. Job Task Safety Analysis 1. Review completed Job Task Safety Analysis of selected divisions. Job Safety Analysis to be performed by an industrial hygienist. Analysis to include: i. Review, observation, and evaluation of operations and individual responsibilities. ii. Interview supervisors and management, answer safety-related questions, review operations and compliance history. iii. Make recommendations on area deficiencies. 17 of 21 January 21, 2020, Item #3 ATTACHMENT 1 2. Determine operational deficiencies and shortfalls, if any, in the Department's methods and procedures of work activity as it relates to safety programs, compliance monitoring, efficiency of operation as it relates to safety, reporting and recordkeeping. 3. Provide recommendations and prepare a written report of the findings. 4. Evaluate existing safety/loss control programs and other pertinent information which will lead to practical loss prevention recommendations. 5. Provide recommended action to properly train supervisors to implement and manage a successful loss prevention program. Recommendations should include, but not limited to: i. Enhancement of accident prevention; ii. Employee safety; iii. Motivation; iv. Communication; and v. Accident investigation and reporting 6. Prepare written report after each survey identifying hazards, evaluating the effectiveness of the current programs and recommending practical corrective action for implementation. Subsequent reports should monitor the implementation of recommendations and their effectiveness. i. Each report should contain an executive summary highlighting the primary recommendations, trends or serious conditions which require immediate attention. 3. Job Hazard Analysis 1. Per GISO Title 8, Division 1, Chapter 4, Section 3380 Personal Protective Devices, conduct a Job Hazard Analysis for Personal Protective Equipment Assessment of selected jobs and activities. 2. Conduct a walk-through survey of job/task to note presence of any hazards, sources, and body parts at risk. 3. Develop and complete a Hazard Assessment and Job Hazard Analysis Matrix Table to assign a risk priority to the hazard. 4. Make written reports/recommendations that would reduce employee exposure to a hazard by first implementing engineering, work practice, and/or administrative controls. i. Recommend courses of action(s) needed to control hazard(s) and when PPE is recommended, appropriately match PPE to the hazard in order to provide effective protection, durability, and proper fit to the worker. 5. Provide all data, reports, and incorporate findings into written accident prevention programs. 6. Provide letter certifying completion of the Job Hazard Analysis and PPE Assessment. 7. Review, maintain and ensure medical evaluations have been performed for required personnel. 4. Hazard Communication Plan 1. Maintain Department's Safety Data Sheet (SDS) inventory and online database. The process includes collecting new SDS information from Public Works quarterly, updating database, bringing updated SDS pages to Public Works quarterly to update Department's SDS online database. 18 of 21 January 21, 2020, Item #3 ATTACHMENT 1 2. Conduct annual audit and update of chemical inventory database. Keep the database current and make it available to Public Works, both on paper and electronically. 3. Conduct a one-hour on-site training for Public Works employees annually regarding Hazard Communication and the Department's SDS process. 4. Review and update up to 15 Hazardous Materials Business Plans annually and submit the documentation to San Diego County by deadlines. 5. Facility Inspections Annual inspections will be conducted at up to five City facilities. The inspection results will be documented as a report and delivered to the safety program administrator. Upon request, facility inspections may be required at public City buildings, and or pump stations for a variety of purposes having to do with Cal OSHA standards. Consultant may be selected to do the following: Assist with biannual inspection with the County Department of Environmental Health at City facilities. 1. Make proactive recommendations of new programs and policies to meet OSHA compliance. 2. Perform annual safety audits and documentation updates. 3. Perform safety assessment for facilities, as needed. Provide general advisory services. 4. Conduct environmental and safety audits of facilities, as needed. 6. Training Consultant shall conduct training to meet all of the applicable requirements of the laws, rules and Federal and CaIOSHA regulations or guidelines. This includes requirements for the training professional to be licensed and/or certified to provide the specific training, if applicable. Training will be provided to certain City employees in accordance with the City's safety programs and in compliance with all federal, state, and local laws and regulations. Training subject matter may include but is not limited to: • Drivers Safety • Emergency Action Plan • Hazardous Waste Management • Hazardous Waste Operations and Emergency response • Hot Work (e.g., welding) • Injury and Illness Prevention 7. Project Management and Quality Control 1. Conduct kick-off meeting at the City with the Public Works safety program administrator, managers, and supervisors. 2. Conduct quarterly on-site meetings with supervisors to review written safety programs, answer safety-related questions, and advise on proper safeguards to protect employees, the public and physical assets. 3. Conduct as -needed on-site meetings and work projects that include but are not limited to: i. Internal progress meetings to summarize project status, share information and gain concurrence on key project issues; ii. Quarterly on-site meetings with supervisors and safety program administrator; iii. Inspections and documentation reports at the water treatment plant; iv. Quarterly SDS binder updates; 19 of 21 January 21, 2020, Item #3 20 of 21 v. Annual chemical inventory; and vi. Annual update of hazardous materials business plans. 4. Prepare and submit meeting agendas and meeting notes for quarterly meetings with supervisors. 5. Manage record-keeping processes. 6. Monitor project budget and schedule(s) and provide a summary of work performed with each invoice. January 21, 2020, Item #3 ATTACHMENT 2 SAFETY CONSULTING SERVICES N V 5 Position Quertlrtte Rate error Prircp 225'.0'` `33"1-136-1 P incipal $215.00_; $322.50 Senior Project Manager. Project Manager Senior III Senior II Senior 'I' Senior Industrial Hygiene Consultant Industrial Hygiene Consultant Senior Training Professional Training Professiona Staff III $210.OU. $195.00 $190.0 $180.00 "$170.00 $165.00 Staff 11 5. Staff I financial Analyst III Financial Analyst II, Associate III Associate II Associate I j chnician III hnician II Technician Safety Monitor III Safety Monitor II Safety Monitor, Technical Writer L _ $70 x$14 $110 00 120,0040y,, $110.00 ' $85,00 1�A:N Project Assistantagavailiwidmitagibmimakitaii, Administrative $315.00 $292.50 $285.00 $270.00 255.00 $247.50 $232.50 $255.00 $217.50 $240.00 $232.50 $217.50 N/A N/A $195.00 $180.00 $172.50 $135.00 $127.50 $105.00 '1210.00 $195.00 $180.00 $165.00 $51.00 CITY OF POWAY 1 RFP 20 007 K-2 21 of 21 January 21, 2020, Item #3