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HomeMy WebLinkAboutNATIONAL SAFETY SERVICES11SURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL. DATE: CONSULTANT AGREEMENT CITY OF SANTA ANA N-2020-178 THIS AGREEMENT is made and entered into this 10th day of October, 2020, by and between National Safety Services ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant to provide on -site confined space rescue equipment inspections and safety training services for the Water Resources Division of the Public Works Agency. Consultant may also provide confined space program development, confined space job task analysis, risk controi evaluations, confiner] space rescue paining, refresher training as needed, and supply rescue equipment. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed S50,000 during the tern of this agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of periormance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence all the date stated above and continue through October 9, 2021, unless terminated earlier in accordance with Section 16 below, The exact date(s) of any training courses shall be scheduled tea occur during the term or the Agreement: by mutual agreement by the parties. The term of the Agreement may be extended for up to one year upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, eat scol., and 1770, et seq,, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates arid the Performance of other requirements on "public works" and "inaftitentinuc" Projects, ff the services being perfori-ned are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws., and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, offirUS, employees and agents free and hamiless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, S. INDEPENDENT CONTRACTOR Consultant shall, during the entire time of this Agreement, be construed to be. an indqpendent contractor and not an employee of die City. This Agreement is not intended nor shall it be construed to croatean employer-employce relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant pertorims the services which are the subject matter of this Agreement; however, the services to be Provided by Consultant hall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6, OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use,, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or. works of authorship fixed in any tangible inedium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on vornputer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (,"Documents & Data"). Consultant shall require all subcontractors to. agree in writing that City is granted a noti-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Cornsultarit represents and warrants that Consultant has the legal right to license any and all Documents &. Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consilhant by the City. City shall not be limited in any way in its use of the Documents and Data at any tirne, provided that any such use not within the purposes intended by this Agreerrictit shall be at City's sole risk. Page 2 oC8 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its .subcontractors, ifany, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Consultant shall maintain commercial general liability insurance naming the City; its officers, employees, agents, volunteers and representatives as additional insured(s) and shalt include, but not be liarnted to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of iitsivance shall be not less than the following: Single limit coverage applying; to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,600,000 per occurrence, with $2,000,000 in the aggregate, Such insurance shall' (a) name the City, its officers, =amployees, agents, and representatives as additional insured(s), (b) be primary and not contributory with respect to insurance or sett -insurance .programs maintained by the City; and (6) contain standard separation of insureds provisions, b, Business automobile liability insurance,, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c: Worker's Compensation Insurance. In accordance with the provisions of section 3700 of the Labor- Code, Consultant, if Consultant has any employees, is required to be insured against liability for workWs compensation or to undertake self-insurance. Prior to commencing the performance of the work under- this Agreement, Consultant agrees to obtain and.maintain any employer's liability insurance with limits not less than $1,000,000 per accident, d If Consultant is or employs a licensed professional such as an architect or engineer. Professional liability (errors and omissions) insurance, wither combined single limit of not less than $1,000,000 per claim with $2,000,000 inthe aggregate. e. The following,requirements apply to the insurance to be provided by Consultant pursuant to this section; i. Consultant shall maintain all. insurance required above in full force and effect for the entire period covered by this Agreement, ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement anti shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in eoverag;e or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement, f. if Consultant fails or refuses to produce or maintain the'insucance required by this section or fails or refuses to furnish the City with required proof that insurance. has been procured and is in force and paid for, the City shall have the right, at the City's election; to forthwith terminate this Agreement: Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives Page 3 of 8 the right to receive compensation and agrees to indemnify the City for any work,performed prior to approval of insurance by the City; 8, INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel:, and representatives :From liability: (I) for personal injury, damages, ,just compensation, restitution, judicial_ or equitable relief arising out of ulatrns for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents; employees, or ot1wrpersons acting on its behalfwbich relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suf%red, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify; hold harmless, and pay'all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a, third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal orpropertyrights arises by reason of the terms of, or effects arising from this Agreement. City maymake all reasonable decisions with ;respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent Toquired by Civil Code Section 2782.8, to claims that arise out of, pertain to, Or relate to the negligence, recklessness, or willful misconduct of the. Consultant. 9. INTELLECT JAI. PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City; its officers;, agents, representatives, and erployees against any, and all liability, including costs, lbr infringement of any united States' letters patent, trademark, or copyright_ inffingerrient, including costs, contained in the work product or documents provided by Consultant to the City persuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement:_ Consultant shall maintain complete and •accurate records with respect to the costs incurred under- this Agreement and any services, expenditures, and disbursements charged to the City for a mitunrrmr period of three (3) years, or for any longer period required bylaw, from the date of final payment to Consultant under this Agreement, All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine; audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agrecxttent for a period of three (3) years from the date of final payment to Consultant tinder this Agreement. Page 4 of 8 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood, to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, andfurther agrees to exercise the same degree of care it uses to I )roteQt its own, inforniation of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also inforniation transferredorally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsid , lary and/or agent of the other Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) Is, through no fault Of the Consultant disclosed in a publicly available source; (a) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation. of taw; or (e)> is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict it, any mariner with performance of services specific d under this Agrcemcnf, 13, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital stains, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicablelaw, in the recruitment, selection, training, utilization, promotion, termination or other ornp1Qymejjt related.activilies, Consultant affirms thatit is an equal opportunity employer and shallcomply with allapplicable federal, state and local laws and regulations, 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agi-mront and any attachments hereto, the terms of this Agreement shall s Agreement may not be modified except by written instrument signed by the City and byan authorized Tlii� prevail. repirescritativeofConsullant. The partiosagree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no ropreson tj inducements, promises or agreements, orally or otherwise, have been ma ta ons, on behalf of any party, which is not embodied herein, de by aay-party, or anyone acting 15. ASSIGNMENT Inasmuch as this Agreement is iTnendodto secure the specialized services of Consultant, Consultant may not assign.. transfer, delegate, or subcontract any interest herein without the prior written 1la-0 5 of's consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreem"t performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be'torn- ianted by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performer, by Consultant Prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of'such payme nt the Executive )director may require Consultant to deliver to the, City all work ptecluct(s) completed as of such date, and in such case such work product Shall be the property of the City unless prohibited bylaw, and Consultant consents 10 the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance Specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any light or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remmedy, whether or not similar, -nor shall any waiver constitute a continuing waiver unless the writing so specifics. - 18, JURISDICTION VENUE This Agreement has been executed atacl delivered ill the State of California and the validity, interpretation, performance, and enforcement orally of the clauses of this Agreement shall be determined and governed by the taws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, ill connection with or by reason of this Agreement, 19. PROFESSIONAL LICENSES Consultant .shall, throughout the term of this Agreement, maintain allnecessary licenses, permits, approvals, waivers, mid exemptions necessary for the provision Of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and All othergoverilanental agencies. Consultant shall notify the City immediatelyand in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS It. Each undersigned represents and warrants that its signature hcrein below has the power, Page 6 Of authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, hold by the signatory or is withdrawn.. b. All Exhibits referenced herein and attached licieto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Anynotice, tender, demand, delivery, or other communication pursuant to this .Agreement shall be in waiting and shall be deemed to be properly given if delivered in person or .mailed by first class or certified avail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section; to the following personst To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana,, CA 9-2702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (Ml 2 t) P.O.. Box 088 Santa Ana California 92702 Fax 714 647-5635 To Consultant National Safety Services Attn: Chuck Hudson 9121 Atlanta Avenue #732 Huntington Beach, CA 92646 ), party may change its address by giving notice in, writing to the tether patty. 'Thereafter, any communication shall be addressed and transmitted to the new address.- If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deeined to have been given twenty-four (24) hours after the time Page 7 of N-2020-178 set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John U. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: 2 4i Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kr�e Ridge City Manager NATIONAL SAFETY SERVICES Name; Cha, le,$ 4.e(sa ., Title: Prey 4en I Tax ID# N Z- Z 17,3 C/Y t 7 Page 8 of 8 LXHIBITA Technical Rescue, Training and Specialty Services Information About National Safety Services Training: National Safety Services (NSS 1) is headquartered in Orange County, California. With the capability -to deploy anywhere in the continental United States in 24hours and World Wide in 48-72 hours depending on deployment location and flights. NSSI service,,; multiple industries including: • Nuclear • Refineries (Up and down stream) • Choinical Plants • Energy Plants • Water Pro duotion o Waste Water • Construction • Maritime Agricultural • Railroad Tunnels o Mine, And many others, Rescue Services offered: 1. Confined Space Rescue & Technical Rescue Services 2. Cal -OSHA Tunnel Rescue Stand-by Services 3. Trench Rescue Services 4, MSITA Rescue Services 5. Consulting -- Confined Space, High Angle, Trench, Construction 6.Training 7. Manufacturing ofturn-key rescue trailers and vehicles 8, Medical services 9. Stand-by safety divers, underwater talent, support (Movies,'JV and commercials) 10. Rescue equipment and PPE sales I I. Swiftwater, Stillwater Flood and River Rescue Training classes National Safety Services offers: •: Confined Space Awareness • Confined Space Entry • Confined Space Entry Supervisor • Confined Space Rescue Retresher • Confined Space Rescue 24-hour a Confined Space Rescue 40-hour • Trench Awareness • Trench a hour • 'Trench Rescue 16 hours • HAZWOPER Awareness • HAZWOPER 8-hour Refresher • HAZWOPER 24-hour • HAZWOPER 40-hour • Medical Evaluation Questionnaire (IVI.E,Q) — Needed Annually. • Fit Testing (Computerized Pot -to Count Quantitative Fit Test) Needed Annually • Fresh Air Training (SCBA, SKA-Pak or Emergency Egress devices, Air Cart, line management and Emergency Egress) • Atmospheric Monitoring Training (MSA, RAE, BW, Honeywell, Scott, Drager, GFG, Industrial Scientific, Biosystems and RKI) • SCBA training (Scott, MSA, Draper, AVON, Survivair,, ISI, Viking, North) and many others • Fall Protection. Training • ANSI Certified Fall Protection • First Aid/ CPR with AED • Equipment Inspection Training • 70-E RlwbiotilTraining Other Services National Safety Services provides: • Consulting • Designing, building and cutfitting, custorn turn -key rescue vehicles and trailers • Rescue equipment sales (CMC, Scott, Motorola, MSA, Eurainco, Night Stick, DBI/Sala) • PPE Sales • Medical Services (Basic Life Support— EMT-B and Advanecd Life Support - EMT-P) • Site Compliance • Site Audits Benefits of using NSSI's Confined Space Rescue: 1. No capital outlay for your organization. We equip our teams with the finest transportation & equipment in the industry. We maintain the equipment to include mandatory detailed doetimetitation. We invest heavily in equipment rotation keeping up with changing industry standards to include OSHA, NFPA and MSHA. 2. No initialer ongoing training for your staff on Confined Space Rescue curriculum to include Glassroorn and hands-on. Out robust staff has- years of experience, aggressive in- house training regiments and frequent academies. We hire seasoned Rescue professionals and provide frequent refresher training with our in-house instructors, training equipment & facilities.. 3, Increased productivity for your operation. Your skilled workforcecan focus on their primary roles leaving Rescue to our experts. Our crews are very good at integrating on - site. We strive to add value to our customer's culture and operations, 4. Cost effectiveness, Pay for only what you need and when you need it. Our crews provide services to yew, organization on your schedule eliminating down time. Our company carries a comprehensive suite of insurances for these activities and:maintains 411 certifications and qualifications on a routine basis, 5. Offload administrative and oversight of Confined Space Rescue. Out, senior staff members are experts in their ftel& They are well studied in OSHA. NFPA and MSH A regulations in the space of Rescue. Our teams are current on all standards, requirements and regulations. Service description: Our crews come fully equipped and trained to provide professional Confined Space Rescue services, All our personnel are trained and certified to the highest standards in the industry and equipped with the most tip to date rescue equipment and knowledge, References t. Desurt WaterAgency— Eddie Gonzalez (Safety Manager) e�izmtLz�&qwaorg (wk.) 760 323-4971 ext. 115 2. City of Huntington Beach Waste Water — Mark Birchfield (Manager) MbjTjLjjfjeld,@,surtcjyt.h bor (cell) 714.329-2885 3. City of Huntington Beach Water - Chris Cassotta (Manager) 2qas5otLt(' (wL) 714.319AS06 q 4. Western, Muaicip' al Water District — Alex Chang (Manager) AcIi (cell) 951.712;3070 5. MCTC — Chris Comer (Safety Manager) ccojjjej-@mctcjvxom (cell) 714.381.0770 Charles Hudson USMC Veteran President / Rescue Chief National `Safety Services Inc. 9121 Atlanta A-ve,#M Huntington Beach, CA 92646 714 679-9118 cell khtL&n Lalrisrsixon MUV —Mr9i.com Bryan Lopez City of Santa Ana a Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 B rya n; 7/14/2020 National Safety Services (NSSI) witi provide the below listed training to City of Santa Ana. NSSI will conduct a40 hour IS day) Industrial Confined Space Rescue and 8 hour Confined Space Entry course at your location TBD This class will cover Cal -OSHA Title 8, 5157 (k) & appendix F, NFPA 1670 Confined Space Regulations for General Industry. The Class will cansist of:class room sessions for the first: half day, then the class will be working hands on in the field. This training will comply with CaWSHA Title 8, 5157 (k) & appendix F, NFPA 1670 requirement to have employees trained as rescues workers. -� — 'National Safely Services Train!n 1 ... Ind Res 40 Initial Industrial Rescue Traiing 40 hour, (5 da s `_ _ $7 600.00 $1,50o.00 Additional Instructor #1 (if Needed $3,000,00 $3,000.00 Adddional instructor 92 Needed) {ifal-OSHA $3,000,00- $3 000,60 CConfined Space Entry 8-hour 1 Con 5 ace Entry $1,5 00100 $11500M Total *Nate-- If student counts are above 11 people in any Confined Space Rescue Course an ,additional Instructorwill need to be brought in at an additional cost. (1 11 students =1 Instructor,12-17 students=2Instructors and 18-24 students=3 Instructors), Thank you, Chuck Hudson National Safety Services Inc. 912i Atlanta Avenue 4792 Huntingtron Beach, CA 92646 Cell 714.679,9118 chudson@nsrsi.com Bryan Lopez City of Santa Ana -Public Works. Agency 220 South Daisy Avenue Santa Ana, CA92703 Addition Related Services Bryan, 10/13/2020 Rev 2 National Safety Services (NSSI) will provide the below listed items to the City of Santa Ana — Public Works Agency: Confined Space Entry Training: NSSI will assist the City of Santa Ana _ Public Works Agency with Cal -OSHA Title 8 5157 Annual Entry training to meet CakOSHA's requirement for Annual Training. Training will coverall aspects of Confined. Space (Attendant, Entrant, Entry Supervisor, LOTO, Isolation, Atmospheric Monitoring, Ventilation, Permit Required Confined Spaces). This is an 8 hour class, Confined Space Program Evaluation: NSSI will assist the City of Santa Ana — public Works Agency with reviewing The City of Santa Ana Public Works current Confined Space programs and assisting 'ifany areas of the program do not meet the Cal- QHSA's minimum requirements and identify any deficiencies and addressing those areas. Confined Space Hazard Assessment NSSI will assist the City of Santa Ana — Public Works Agency with reviewing The City of Santa Ana Public Works current Confined Spaces to look for current hazards and ensure these hazards are documented in the Confined Space Entry S,D P's. Alt know hazards will be documented and put into the Confined Space Program for any future entries. Development of Confined Space Standard Operating Procedures(S.O.P); NSSI will assist the City of Santa Ana— Public Works Agency with creating The City of Santa Ana Public Works Confined Space Standard operating Procedures, NSSI will audit every Confined Space within the City of Santa Ana's jurisdiction. All Confined Spaces wil.i be documented and put into a Master Confined Space Manual for S,O,P s. This will include Entry procedures, LOTO, known hazards and any other specific details pertinent to the individual Confined Spaces. A Master SOP Binder will be created to house all the SOP's for Confined Space Entries'. NSSI will require a Competent Person to be with NSSI on these audits to discuss items in the confined space, know LOTO and isolation procedures and current methods used in these spaces. All services listed above except for training will be billed on a "Time and Materlais Basis": Supplier Part{Class Description Unit of Measure cost Extended Cost Con Space Annual 8 hour Confined Space Entry Glass NSSI Awareness (24 students max per class) 1 Glass $1,500.00 $1,600.00 Con Space Frog Confined Space Program Evaluation of all City 100 NSSI Evai of Santa Ana Spaces (Per hour charge) Hours $200.00 $20„000.00 Confined Space H a za rd As sess m ant Evaluation of all Santa Ana's Spaces {per hour NSSI Con Space Haz charge) 50 Flours $200.00 $10,000.00 dev Con Space Development of Confined Space Standard NSSI SDP Operating Procedures (Per hour Charge) 50 Hours $200.00 $10,000.00 MSA Calibration quad gas compatible with $2,200.00 NSSI Gal Gas the MSA Galaxy GX2 Station 59L 4 ea. $550.00 Taxable MSA Receipt & Sticker Label Roll for use with NSSh Printer flicker Roll GALAXY'a GX2 Tea. $75.00 $30o,00 Taxable NSSI Punter Ribbon MSA Ribbon, Zebra Printer GX430T for use 4 ea. $55 00 $220.00 Taxable with GALAXY`S GX2. NSSI Monitor probe Filters _ MSA Water Sto Filter for Sam to & Universal p p $380,00 ..Pump Probes; 10 eacti/pk 4,ea, $95.00 Taxable Monitor Internal MSA Hydrophobic probe filter for $450.00 NSSI Filters Altaire5/5X 1803. $25.00 Taxable Rental of SRL's, Tripods or any rescue related equipment to keels The City of Santa Ana's Rescue Van in services during annual NSSI Rentals, inspections of rescue, equipment. (If needed*) _.__.. 1 ea. $500.00 $500,00 Sub Total $4 55o.00 Estimated Shipping $500.00 Estimated Tax 5.25% $328.38 Total $46,378,38 CfII ISL P M Du NOTE., The above listed hours for Confined Space Program Evaluation, Confined Space Hazaard Assesment and Development of Confined Space SOP's are estimated hours. All charges will be actual "Time and Material".These numbers can increase or decrease depending an quatity of spaces and set up of SOP parameters. Thank you, Chuck Hudson National Safety Services Inc, 9121 Atlanta Ave #732 Huntington Beach, CA;92646 Cell 714.679,9118 chudsonnsrsi com Digitally signed by Francine R. Francine R. Villareal Villareal A� " CERTIFICATE OF LIABILITY INSURANCE rDA1E (MM /DD/YYYY) 2/1/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wood Gutmann & Bogart Insurance Brokers 15901 Red Hill Ave., Suite 100 Tustin CA 92780 CONTACT NAME: Michael Tran PHONE FAx A/c No Ext: 714-824-8384 A/C No:714-573-1770 ADODRESS: mtran@wgbib.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: State Compensation Ins Fund 35076 License#: 0679263 INSURED NATIO14 INSURERB: CRUM & FORSTER SPECIALTY INS CO 44520 National Safety Services, Inc. 9121 Atlanta Ave Unit #732 INSURERC: NATIONWIDE MUT INS CO 23787 INSURERD: Huntington Beach CA 92646 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1387298806 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYY POLICY EXP MM/DD/YYY LIMITS B X COMMERCIAL GENERAL LIABILITY EPK133928 2/1/2021 2/1/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREMISES DAMAGE TO ccurrence PREMISES Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible $ 5,000 OTHER: C AUTOMOBILE LIABILITY ACPBA3019636948 2/1/2021 2/1/2022 COMBINED SINGLE LIMIT Ea accident $ 1 000 000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X Per a RTY DAMAGE $ HIRED AUTOS X NOTOSWNED B UMBRELLA LIAB X OCCUR EFX116916 2/1/2021 2/1/2022 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 9124080 2/4/2021 2/4/2022 )( PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ Included (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Included B Professional Liability EPK133928 2/1/2021 2/1/2022 $1,000,000 Limit $5,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its officers, employees, agents, volunteers, and representatives are named as additional insured on the General Liability per attached EN0351 0217 & EN0350 0217 as required by written contract subject to the terms and conditions of the policy. Primary and Non -Contributory applies on the General Liability per attached EN0348 0217. 30-Day Notice of Cancellation (other than non -pay) applies per attached EN0136-0211 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza, 4th Floor AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 �E RiskManagemerdUlMsian /.r., - 3 � REVIEWED &APPROVED SY: @ 1988-2014 ACORD C z m , ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ��y Risk Management Analyst POLICY NUMBER: EPK133928 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV — LIMITS OF INSURANCE AND DEDUCTIBLE, item 2. is amended by the addition of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0301-0914 o NSF Risk MwaganentDMsian z REVIEWED & APPROVED BY.- -��" Risk Management Analyst POLICY NUMBER: EPK133928 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations Blanket When Specifically Required In A Written Blanket When Specifically Required In A Written Contract With The Named Insured. Contract With The Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising out of "your work" at the location designated and described in the Schedule above performed for that additional insured and included in the "products -completed operations hazard". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. E N 0350-0217 o NSF Risk MwaganentDMsian z REVIEWED & APPROVED BY.- -��" Risk Management Analyst POLICY NUMBER: EPK133928 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations Blanket When Specifically Required In A Written Blanket When Specifically Required In A Contract With The Named Insured. Written Contract With The Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insured(s), the following exclusion is added: This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. E N 0351-0217 o NSF Risk MwaganentDMsian z REVIEWED & APPROVED BY.- -��" Risk Management Analyst POLICY NUMBER: EPK133928 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - CERTIFICATE HOLDER(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Certificate Holder(s) City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana, CA 92701 Under the Common Provisions, SECTION VI — COMMON CONDITIONS, item 2. Cancellation And Nonrenewal is amended by the addition of the following: If we cancel this Policy before the expiration date thereof, we will mail a 30 days written notice (ten (10) days for non-payment of premium) to the Certificate Holder(s) indicated in the Schedule shown above. EN0136-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. o NSF Risk MwaganentDMsian z REVIEWED & APPROVED BY.- -��" Risk Management Analyst POLICY NUMBER: EPK133928 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section VI — Common Conditions, paragraph 11. Other Insurance within the Common Provisions is amended by the addition of the following, which supersedes any provision to the contrary: d. Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. E N 0348-0217 o NSF Risk MwaganentDMsian z REVIEWED & APPROVED BY.- -��" Risk Management Analyst