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Home My WebLink About12/15/2004 - STAFF REPORTS (8) DATE: December 15, 2004 TO: City Council FROM: Director of Human Resources and Procurement and Contracting Manager APPROVE AGREEMENT FOR AS-NEEDED HEALTH, SAFETY AND RISK MANAGEMENT SERVICES RECOMMENDATION It is recommended that the City Council approve an agreement with Impact General, Inc. in the amount of$70,000 for as-needed health, safety and risk management services. SUMMARY The Department of Human Resources requires special expertise on an as-needed basis to deal with health and safety issues that arise at City facilities. This agreement with Impact General, Inc. will provide a mechanism that will allow the Department to acquire the services necessary to deal with a wide variety of such issues. BACKGROUND The Department of Human Resources, as part of its risk management activities, responds to cases of reported unsafe or unhealthy conditions on City premises. Such cases may involve exposure to City employees and the general public, and often require immediate attention in order to mitigate risk and litigation exposures. Historically, the Risk Manager dealt with these cases on a case-by-case basis, applying needed staff and/or consultant resources necessary to assess and resolve these cases. Depending on the nature of the case, a variety of firms with specialized expertise might be utilized. These services were paid via claim voucher. Colen & Lee, the City's Workers' Compensation third party administrator, identified and referred staff to Impact General to assist in addressing as-needed employee health and safety issues beyond the qualifications and expertise of staff. Impact General has been providing forensic consulting and expert witness support to the insurance industry and legal profession since its inception in 1977 amassing over 30,000 cases worth of experience. Impact General's consulting team consists of professional engineers, certified safety professionals, certified industrial hygienists, ergonomic experts, toxicologists, and other specialists. The broad expertise available from Impact General has allowed the City to reduce the number of firms utilized to provide such services. In the current fiscal year the number and complexity of cases for which outside expertise is required has increased. The City currently has two issues that need to be addressed for health and safety reasons to mitigate risk exposures and has requested and received proposals from Impact General to deal with these cases. The first of these issues involves the implementation of a City-wide Hazardous Materials Business Emergency Plan mandated by Assembly Bill 1640. The second involves subsurface soil sampling and testing related to an air quality issue at a City facility. The expenditures involved to deal with these issues total $31,285, which exceeds the City Manager's contracting authority. As a result, staff has prepared a contract services agreement to provide the mechanism necessary to allow the Department of Human Resources to deal with these issues and other cases as they arise. Staff recommends approval of the agreement with Impact General in an amount not-to-exceed $70,000 in order to provide the Department of Human Resources with a mechanism to acquire health, safety and risk management services on an as-needed basis to assess and mitigate risk and litigation exposures. Funds for this purpose are available in account number 5904-48622 Liability Insurance, Loss Containment. jSatn��E. Mi s. I R Bruc . Joh sonor of u Resources Procurement & Contracting Manager David H. Ready City Manager ATTACHMENTS: Minute Order Agreement Exhibits REVIEWED BY DEPL OF FINANCE EXHIBIT 'A' SCOPE OF SERVICES Contractor shall provide special expertise in a variety of areas in order to assess and evaluate reported unsafe or unhealthy conditions and, if warranted, to provide alternatives to the City for purposes of mitigating such conditions. Engagements with Defined Scopes of Service: Contractor shall provide necessary expertise for the following services. Compensation for these services shall be payable pursuant to the schedule set forth on Exhibit"C," the Schedule of Compensation. Engagement 1: Subsurface Soil Sampling Contractor shall provide all materials, equipment, supplies, labor and expertise necessary to perform subsurface soil sampling in those locations agreed upon in writing by the parties. Task 1.1 — Push Drill Rig: Contractor shall furnish a drill rig and shall perform 10 borings. Task 1.2—Mobile Analytical Laboratory: Contractor shall furnish a mobile analytical laboratory and perform analyses of boring materials via gas chromatography/mass spectrophotometry at the time of sample collection. Task 1.3—Special Expertise: Contractor shall provide the services of the following specialists: 1.3.1 —Onsite Registered Geologist(Gary Johnpeer)—The scope of services forthe Onsite Registered Geologist to include travel to/from site, coordination with the Certified Industrial Hygienist, coordination with Underground Alert, supervision of all boring activity, logging of all samples and report preparation. 1.3.2 — Onsite Certified Industrial Hygienist (Nancy Carraway, CIH) -The scope of services for the Onsite Certified Industrial Hygienist to include travel to/from site, coordination with the Onsite Registered Geologist, preparation and implementation of worksite health and safety plan, and report preparation. Task 1.4—Allowance for Expenses—Reimbursable expenses include mileage, photographs, and equipment rental. Engagement2: Hazardous Materials Business Emergency Plan pursuant to Assembly Bill 1640 Contractor shall provide expertise necessary to evaluate existing conditions at City facilities and, where necessitated by Assembly Bill 1640 - Hazardous Materials Business Emergency Plan, to develop Business Emergency Plans (BEPs)for said facilities. Services shall be provided as follows: Task 2.1 - Inspection of Facilities - Contractor shall inspect all City facilities to determine which facilities have materials that necessitate development of a BEP for the facility. Task 2.2 - Review and Documentation of Findings—Contractor shall review the material produced by Contractor's assigned expert (Javed I. Khan, REA, EHS) and produce documentation of the findings relevant to the courses of action necessary for the City to comply with the requirements of Assembly Bill 1640. Task 2.3 - Development of Hazardous Waste Plans - Contractor shall develop BEPs for those facilities that so require, taking into account the types and nature of the hazardous materials at each facility. Such plans shall conform to all requirements of Assembly Bill 1640. Task 2.4 - Employee Training - Contractor shall provide one training session of 4 hours to designated City employees. The training program and materials shall be designed and delivered in a manner that allows recipients of the training to become trainers of other City employees in the requirements of the BEPs. Additional Services: On an as-needed basis Contractor shall perform a variety of health, safety and risk management related assessments and risk mitigation consulting in support of the operations of the City's Risk Management Division. Contractor shall provide special expertise in a variety of areas in order to assess and evaluate reported unsafe or unhealthy conditions and, if warranted, to provide alternatives to the City for purposes of mitigating such conditions. Examples of services that may be required include air quality testing, soil sampling, mold testing, ergonomic evaluations and coefficient of friction testing. Method of Engagement for As-Needed Services: When the City's Risk Management Division identifies a condition that warrants assessment and evaluation, the City's Contract Officer will contact Contractor. After investigating the nature of the condition, Contractor shall provide to the City's Contract Officer a quotation for necessary assessment, evaluation, testing and mitigation- related services. Contractor shall not engage in any work until a scope of services and related compensation is reviewed and approved in writing by the City's Contract Officer. Rates for the services provided shall be in accordance with the rates identified in Exhibit"C"Schedule of Compensation herein or as otherwise approved in writing by the City's Contract Officer. EXHIBIT V SPECIAL REQUIREMENTS 4.3 Prohibition Against Subcontracting or Assignment: City recognizes that Contractor will provide the expertise required by the City in the performance of the scope of services by sub-contracting to specialists with qualifications in the fields necessitated by each individual engagement. When providing the scope of services for each request for service, Contractor shall identifythe sub- contractor to be utilized and include a description of the sub-contractor's qualifications. City reserves the right to approve/disapprove of identified sub-contractor. The City approves the use of the following sub-contractors: Charles J. Samo, P.E. Nancy Carraway, CIH Gary Johnpeer, Engineering Geologist Javed I. Khan, REA, EHS Carissa Shaw, Ergonomic Specialist Randy Sauser, Ergonomic Specialist Section 5.1 (d), Additional Insurance - A policy of professional liability insurance written on an occurrence or claims made basis with aggregate limits of a $2,000,000 is required. lOC-IJ EXHIBIT 'C' SCHEDULE OF COMPENSATION Total compensation for services and expenses provided hereunder shall not exceed $70,000.00. Compensation for Engagements with Defined Scopes of Service: Engagement 1: Total compensation for this engagement shall not exceed $12,735. Task 1.1 Push Drill Rig $1,875 Task 1.2 Mobile Analytical Laboratory $2,300 Task 1.3.1 Onsite Registered Geologist $4,760 Task 1.3.2 Onsite Certified Industrial Hygienist $3,230 Task 1.4 Allowance for Expenses $ 570 Engagement 2: Total compensation for this engagement shall not exceed $18,650. Task 2.1 Ins ection of Facilities $5,100 Task 2.2 Review and Documentation $ 290 Task 2.3 Development of Hazardous Waste Plans $12,240 Task 2.4 Employee Training $1,020 Compensation for Additional As-Needed services: As-Needed services provided shall be compensated at the following rates: Personnel: Senior Scientist, Registered Engineer, Forensic Professional, Safety Professional $170.00 per hour Ergonomic Evaluations & Consultation $150.00 per hour Expenses: Laboratory, travel, photography and related At Cost Mileage $0.45 per mile Review and Documentation Charges: 1-4 pages $ 55.00 5-8 pages $ 75.00 9-12 pages $ 95.00 13-16 pages $115.00 17-20 pages $135.00 21-24 pages $155.00 25-28 pages $175.00 29-32 pages $195.00 When the scope of an engagement includes rates for services not identified above,Contractor shall propose rates in the quotation prepared for the Contract Officer. No work shall be performed until (0A 6 the City's Contract Officer approves both the scope of work and the rates of compensation for each such engagement. Invoices shall be submitted on a regular basis, at an interval arranged with the City's Contract Officer. Contractor may receive progress payments of up to 75% of the total engagement compensation upon evidence to the satisfaction of the City's Contract Officer that such work has been performed. The final 25% of compensation is payable only after completion of the entire scope of services. EXHIBIT 'D' SCHEDULE OF PERFORMANCE The term of this agreement shall coincide with the City's Fiscal Year of July 1, 2004 to June 30, 2005. MINUTE ORDER NO. j APPROVING AN AGREEMENT WITH IMPACT GENERAL, INC. IN THE AMOUNT OF $70,000 FOR AS-NEEDED HEALTH, SAFETY AND RISK MANAGEMENT SERVICES. I HEREBY CERTIFY that this Minute Order, approving an agreement with Impact General, Inc. in the amount of $70,000 for as-needed health, safety and risk management services, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th of December, 2004. KATHIE HART Acting City Clerk CO