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HomeMy WebLinkAboutNATIONAL SAFETY SERVICES (2)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N 2022-068 1 02-, CDAEOF COUNCIL d' AGREEMENT TO PROVIDE CONFINED SPACE SERVICES TO THE CITY OF SANTA ANA .—a ix CC THIS AGREEMENT is made and entered into this 15th day of February 2022 by and between National Z: 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"). 0 • PWA( gyrr, �6rey)` 3AA✓ I- 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 control evaluations, confined space rescue training, 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 contracting fain 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: 1. SCOPE OF SERVICES Consultant shall perform 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 Fifty Thousand Dollars ($50,000) during the term of this agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue through February 14, 2023, unless terminated earlier in accordance with Section 17, below. The exact date(s) of any training #27472v2 Pagel of 9 courses shall be scheduled to occur during the term of 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, et seq., 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 and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed 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, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall 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 medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer 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 non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant 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 Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 427472v2 Page 2 of 9 a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 927472v2 Page 3 of 9 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 8. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, - damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal #27472v2 Page 4 of 9 injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which 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 suffered, 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 or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make 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 required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant 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 minimum period of three (3) years, or for any longer period required by law, 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 Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 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, and further agrees to exercise the same degree of care it uses to protect its own information 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 information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary 927472v2 Page 5 of 9 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree 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 representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written 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 Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right 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 remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated 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 performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. #27472v2 Page 7 of 9 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws 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, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and 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 other governmental agencies. Consultant shall notify the City immediately and 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, 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, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: aisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ri ge City Manager [signatures continued on next page/ #27472v2 Page 8 of 9 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL 4 sW. Nabil Saba, P.E. Executive Director Public Works Agency CONSULTANT CAj /.Oz— Chuck Hudson President #27472v2 Page 9 of 9 EXHIBIT A I • _ (J)NATIONAL SAFETY SERVICES 2021 Technical Rescue, Training and Specialty Services Information About National Safety Services Training: National Safety Services (NSSI) is headquartered in Orange County, California. With the capability to deploy anywhere in the continental United States in 24 hours and Worldwide in 48-72 hours depending on deployment location COVID-19 restrictions and flights. NSSI services multiple industries including: • Nuclear • Refineries (Up and down stream) • Chemical Plants • Energy Plants • Water Production • Wastewater • Construction • Maritime • Agricultural • Railroad • Tunnels • Mine Rescue Services offered: 1. Confined Space Rescue & Technical Rescue Services 2. Cal -OSHA Tunnel Rescue Stand-by Services 3. Trench Rescue Services 4. MSHA Rescue Services 5. Consulting — Confined Space, High Angle, Trench, Construction 6. Training 7. Manufacturing of turn -key rescue trailers and vehicles 8. Medical services 9. Stand-by safety divers, underwater talent support (Movies, TV and commercials) 10. Swiftwater, Stillwater Flood and River Rescue 11. Land based videography, aerial videography (GoPro Hero 9, 5K, multiple drone platforms) Underwater videography (Professional Diver GoPro Hero 9, 5K to 250 fsw) 12. Dive Stand-by Rescue 13. Potable Water (Water Production) Diving — AW WA compliant Training classes National Safety Services offers: • Confined Space Awareness • Confined Space Entry • Confined Space Entry Supervisor • Confined Space Rescue Refresher • Confined Space Rescue 24-hour • Confined Space Rescue 40-hour • Trench Awareness • Trench 8 hour • Trench Rescue 16 hours • HAZWOPER Awareness • HAZWOPER 8-hour Refresher • HAZWOPER 24-hour • HAZWOPER 40-hour • Medical Evaluation Questionnaire (M.E.Q.) — Needed Annually • Fit Testing (Computerized Porta Count Quantitative Fit Test) Needed Annually • Fresh Air Training (SCBA, SKA-Pale 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 RIQ) • SCBA training (Scott, MSA, Drager, 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 Electrical Training Other Services National Safety Services provides: • Land based videography, aerial videography (GoPro Hero 9, 5K, multiple drone platforms) Underwater videography (Professional Diver GoPro Hero 9, 5K • Diving in Potable Water Reservoirs — Setting Mixers, Inspection, debris clean up. NSSI Follows A.W.W.A. decontamination standards, using 200 p.p.m. solution of chlorine to clean all equipment before entry into drinking water. • Designing, building, and outfitting custom turn -key rescue vehicles and trailers • Rescue equipment sales (CMC, Scott, Motorola, MSA, Euramco, Night Stick,) • PPE Sales • Medical Services (Basic Life Support — EMT-B and Advanced Life Support - EMT-P • Site Compliance • Site Audits • Consulting Service description: Our crews come fully equipped and trained (FEMA Swiftwater Rescue Technician Advanced and FEMA Boat Operator) to provide professional Stand-by Water Rescue and Dive Services. All our personnel are trained and certified to the highest standards in the industry and equipped with the most up to date rescue equipment and knowledge. All staff our FEMA SRT-A (Swiftwater Advanced Technicians), FEMA Boat Operators (Advanced) and Public Safety Divers. National Safety Services staff has conducted entries into multiple reservoirs over the past two years for inspections, repairs, videography, setting mixers and a host of other customer requirements. NSSI's experience with rescue and AWWA requirements for decontamination put the job on track to be completed safely and per AW WA standards. 00 r AW- References 1. Desert Water Agency — Eddie Gonzalez (Safety Manager) egonzalezna dwa.org (wk.) 760.323-4971 ext. 115 2. City of Huntington Beach Waste Water — Mark Birchfield (Manager) mbirchfield c(�surfcity- hb._M (cell) 714.329-2885 3. City of Huntington Beach Water - Chris Cassotta (Manager) ccassotta(?�surfcity-hb.org (wk.) 714.319.4806 4. Western Municipal Water District — James Chatwin (EH&S) jchatwinAwmwd.com (cell) 951-251-5621 5. Rancho California Water District — Tom Marcoux (Safety) marcouxt(ailranchowater.com (cell) 951.3953496 Charles Hudson USMC Veteran President / Rescue Chief National Safety Services Inc. 9121 Atlanta Ave #732 Huntington Beach, CA 92646 714 679-9118 cell chudson(ailnsrsi.com www.nsrsi.com EXHIBIT B NATIONAL ()) SAFETY SERVICES 2022-2023 Cal -OSHA Fall Protection Training Bryan Lopez City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Bryan, 1/20/2022 National Safety Services (NSSI) will provide the below listed training to The City Santa Ana Public Works. NSSI will conduct Cal -OSHA Fall Protection course at TBD. This class will cover Cal-OSHXs Title 8 CCR, Article-24 (1669-1672 Fall Protection). This course will cover don, doffing inspection care and maintenance of fall protection harness and related equipment. Anchors and anchorage equipment. Fall Protection lanyards, SRL's, lanyards and other fall devices. Fall distance measurements for fall potentials and other general fall protection guidelines. National Safety Services Training and Equip ment 1 Fit Test Cal -OSHA Fall Protection Training 1 1 $3,000.00 $3,000.00 Subtotal $3,000.00 Shipping $0.00 Tax $0.00 Total $3,000.00 Terms: Training —Net 30. Chuck Hudson USMC Veteran National Safety Services Inc. 9121 Atlanta Avenue #732 Huntington Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue #732, Huntington Beach, CA 92646 ())NATIONAL SAFETY SERVICES 2022-2023 Fit Test and Fresh Air Training Bryan Lopez City of Santa Ana— Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Bryan, 1/20/2022 National Safety Services (NSSI) will provide the below listed training to the City of Santa Ana. NSSI will conduct Quantitative Fit Testing (without Medical Evaluation Questionnaire) and Fresh Air Breathing course at location TBD on dates TBD. This class will cover, Quantitative Fit Testing with a Porta Count style automated fit testing machine and a 4-hour Scott SCBA and Scott SKA-PAK training course. Description, use, donning and doffing of SCBA and SKA-PAK and cascade systems. This training that will meet Cal-OSHA's annual Respiratory Protection standard with supplied certifications and Fit Testing cards. Due to Covid-19 protocols, we will need to ensure every student being fit tested and Fresh Air trained will have their own mask. This will need to be set up for one -day event. National Safety Services Trainin 1 Fit Test Quantitative Fit Test per mask Scott AV 3000 HT 12 $50.00 $600.00 2 SCBA-1 Scott SCBA and SKA-PAK Breathing Air Training 12 $200.00 $2,400.00 $0.00 Tax $0.00 Total $3,000.00 TERMS: Net 30 days, Thank you, Chuck Hudson USMC Veteran National Safety Services Inc. 9121 Atlanta Avenue #732 Huntington Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue # 732, Huntington Beach, CA 92646 )NATIONAL SAFETY ,SERVICES 2022-2023 24-hour HAZWOPER Training Bryan Lopez City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Bryan, 1/20/2022 National Safety Services (NSSI) will provide the below listed training to the City of Santa Ana —Public Works. NSSI will conduct a 24-hour (3 day) HAZWOPER courses at your facility located TBD. The class will cover all requirements for Cal-OSHA's Title 8, CCR §5192 and meets the Federal OSHA HAZWOPER requirements 29 CFR 1910.120(e)(8), 29 CFR 1910.120(p)(7)(i), or 29 CFR 1910.120(q)(8) for General Industry and 29 CFR 1926.65(e)(8), 29 CFR 1926.65(p)(7)(i), or 29 CFR 1926.65(q)(8) for Construction. This training will comply with Cal-OSHA's Title 8, CCR §5192 requirement to have employees trained as HAZWOPER 24 Technicians. National Safety Services Training 1 Haz 24 hr HAZWOPER Training 24 hours 3 days) $9,000.00 $9,000.00 Dates: TBD Total $9,000.00 TERMS: Net 30 days Note: The City of Santa Ana Public Works will be responsible for providing all training equipment for class (Level A suits, level B suits, level C suits, decontamination equipment, Level A,B or C kits). NSSI can provide these training resources, but additional rental charges will be added to training cost. Thank you, Chuck Hudson USMC Veteran National Safety Services Inc. 9121 Atlanta Avenue #732 Huntingtron Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue #732, Huntington Beach, CA 92646 NATIONAL SAFETY SERVICES 2022-2023 Training for Confined Space Rescue Bryan Lopez City of Santa Ana— Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Bryan, 1/20/2022 National Safety Services (NSSI) will provide the below listed training to City of Santa Ana. NSSI will conduct a 40 hour (5 day) on TBD, Industrial Confined Space Rescue 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 consist of classroom sessions for the first half day, then the class will be working hands on in the field. This training will comply with Cal -OSHA Title 8, 5157 (k) & appendix F, NFPA 1670 requirement to have employees trained as rescues workers. National Safety Services Training 2 Ind Res 40 Initial Industrial Rescue Training 40 hour, (5 days) $9,000.00 $18,000.00 Dates: TBD Location: TBD 2 Add Instr. Additional Instr. If needed $3,500.00 $7,000.00 Total $18,000.00 TERMS: NET 30 *Note— If student counts are above 10 students in any Confined Space Rescue Course, an additional Instructor will need to be brought in at an additional cost. (1-10 students = 1 Instructor, 11-16 students = 2 Instructors, and 16-20 students = 3 Instructors). Thank you, Chuck Hudson USMC Veteran National Safety Services Inc. 9121 Atlanta Avenue #732 Huntingtron Beach, CA 92646 Cell714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue #732, Huntington Beach, CA 92646 NATIONAL ()) SAFETY SERVICES Bryan Lopez City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Training and Technical Services 2022-2023 Bryan, 1/20/2022 National Safety Services (NSSI) will provide the below listed items to the City of Santa Ana — Public Works Agency. 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 if any areas of the program do not meet the Cal- OHSA'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.O.P.'s. All 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 will 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 Materials Basis". 9121 Atlanta Ave #732, Huntington Beach, CA 92646 ())NATIONAL SAFETY SERVICES Unit of Extended Taxable Supplier Part / Class Description Measure Cost Cost Con Space Confined Space Program Evaluation of all City NSSI Prog Eval of Santa Ana Spaces (Per hour charge) 10 Hours $300.00 $3,000.00 No Confined Space Hazard Assessment — Con Space Evaluation of all Santa Ana's Spaces (Per hour NSSI Haz charge) 5 Hours $300.00 $1,500.00 No Replacement Misc MSA replacement sensors (02, LEL, NSSI Sensors C0/1-12S) 6 ea. $550.00 $3,300.00 Yes MSA Calibration quad gas compatible with NSSI Cal Gas the MSA Galaxy GX2 Station 58L 4 ea. $650.00 $2,600.00 Yes MSA Receipt & Sticker Label Roll for use with NSSI Printer Ticker Roll GALAXY® GX2 4 ea. $84.00 $336.00 Yes NSSI Printer Ribbon MSA Ribbon, Zebra Printer GX430T for use 4 ea. $64.00 $256.00 Yes with GALAXY® GX2 Monitor Probe MSA Water Stop Filter for Sample & Universal 4 ea. $95.00 $380.00 Yes NSSI Filters Pump Probes, 10 each/pk Monitor MSA Hydrophobic Probe Filter for NSSI Internal Filters Altair®5/5X 18 ea. $42.00 $756.00 Yes Sub Total $12,128.00 Estimated Shipping $250.00 Estimated Tax 9.25% $705.59 Total $13,083.59 Terms: Net 30 9121 Atlanta Ave #732, Huntington Beach, CA 92646 NATIONAL SAFETY SERVICES NOTE: The above listed hours for Confined Space Program Evaluation, Confined Space Hazzard 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 on quatity of spaces and set up of SOP parameters. Thank you, Chuck Hudson USMC Veteran National Safety Services Inc. 9121 Atlanta Ave #732 Huntington Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Ave #732, Huntington Beach, CA 92646 Francine R. Digitally Hgned by FrandneR Yllareal Villarpal Dats:202202.24111941 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMID2) 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 CONTACT NAMEMichael Train : PHONE FAX 714-824-8384 a/c N0:714-573-1770 aooaless: mtran@wgbib.com Tustin CA 92780 INSURERS AFFORDING COVERAGE NAIC # INSURERA: State Compensation Ins Fund 35076 Ucens : 0679263 INSURED NATIO14 National Safety Services, Inc. 9121 Atlanta Ave Unit #732 INSURER B: CRUM & FORSTER SPECIALTY INS CO 44520 INSURERC: NATIONWIDE MUT INS CO 23787 INSURER D: Huntington Beach CA 92646 NBURER E: �E] INSURER F : COVERAGES CERTIFICATE NUMBER: 1501915933 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 rypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFT MMIDDe"yYYI POLICY EXP fMMfDD1YYYY1LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EPK138577 V112022 21112023 EACH OCCURRENCE $LCOD000 DAMAGEf RENTED PREMISESSEa occurrence $50,000 MED EXP(Any one person) $5,000 PERSONAL &ADV INJURY $1,000.000 AGGREGATE LIMIT APPLIES PER: [ X ] GENERALAGGREGATE $2,000.000 GEN'L POLICY JECOT LOC PRODUCTS -COMP/OP AGG $2,000,000 I Deductible $5,000 OTHER: C AUTOMOBILE LIABILITY ACPBA3029635948 2I1/2022 V112023 COMBINED SINGLE LIMB Ea accident) $1 000000 BODILY INJURY (Per person) $ X ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident)$ X HIRED AUTOS X AOOTNOOWNED PROPERTYDAMAGE $ B UMBRELLA LIAR X OCCUR EFX119725 W1n022 211U2023 EACH OCCURRENCE $1000.000 AGGREGATE $1000.000 X EXCESS LIAR CLAIMS -MADE DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERTLIABILITY YIN 91240BO 2/4/2022 2/4/2023 X STATUTE I ERH E.L. EACH ACCIDENT $1,000.000 ANY PROPRIETOMPARTNERIEXECUnVE OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $Included (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $Included B Professional Liability EPK138577 2/1/2022 2/1/2023 $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, officials, employees, and volunteers 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 Nan -Contributory applies on the General Liability per attached EN0348 0217. Waiver of Subrogation applies to the General Liability per attached EN0349 0217. 30-Day Notice of Cancellation (other than non -pay) applies per attached EN0136-0211 THIS CERTIFICATE SUPERCEDES ANY PREVIOUSLY ISSUED. CERTIFICATE HOLDER City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i ©1988-2014 ACORD CI ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD RiskMelagernent Diyisi0n REVIEWED & APPROV®Br. Risk Management Analyst 1011 Will 1-01=4224 KY.WA 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. E N 0301-0914 RiskMmuge EDivision RBAEw &ARPRO ®Br. �3tHtllJi`.' F�ucHc:.r�e R. �:.�cltac� Risk Managemmnt Analyst POLICY NUMBER: EPK138577 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 Or anization 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. EN0350-0217 R®kMmugmlmEDMslsn �'S fEinEwm&Av Br: Fat�r.:me �, �:efec-use Rnk Management Malyst POLICY NUMBER: EPK138577 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 Organ ization(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. EN0351-0217 ., xrek�f.�.gore�on;� RmeluEn 6 ArrR Br-. Risk Management Mayst POLICY NUMBER: EPK138577 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 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. x®kMmugemat DW1on g, R[ EmEWE�&APPR�Wtiebt APPROVED F4MY Z VK ® Ruk Management Analyst 110]114TWHIfi T84Z X22491Mil 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. EN0348-0217 RbffcMaugemmtDMsion RwEwm6ArPRw®er. �. ® Risk Managemen[Mays[ POLICY NUMBER: EPK138577 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s) Blanket When Specifically Required In A Written Contract With The Named Insured. I Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section VI — Common Conditions, paragraph 17. Transfer Of Rights Of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or "damages" arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0349-0217 Riak Mmvg mumt D'nision RwEwEo s APPRO Br. �Zqwp' Risk Management Malysl MEMORANDUM To: Nabil Saba, P.E., Date: March 7, 2022 Executive Director Public Works Agency From: Cesar E Barrera, P.E., Deputy Public Works Director Water Resources Manager Subject: Request for Signature for National Safety Services Agreement The attached documentation approves the Water Resources Division's National Safety Services agreement. Per the Master Agreement, the consultant will provide confined space services to the City of Santa Ana. Term of the agreement is February 15, 2022 through February 14, 2023. The agreement amount is not to exceed $50,000.00 Please approve agreement by signing the attached contract. NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor National Safety Services, Inc. Name: Project N-2022-068 Number: Project Agreement To Provide Confined Space Services To The City Of Name: Santa Ana The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: EXPIRATION TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME DATE CERT- AUTOMOBILE LIABILITY ACPBA3039636948 02/01/2024 01/31/2023 1637689478.pdf CERT- GENERAL LIABILITY EPK142682 02/01/2024 01/31/2023 1637689478.pdf WORKERS COMPENSATION AND CERT- 9124080 02/04/2024 01/31/2023 EMPLOYERS' LIABILITY 1637689478.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/6/2023 1:59 PM