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Home My WebLink AboutItem 21 - Agreements with National Safety Services, Inc., Ancon Marine, Inc. for Confined Space Rescue Training and ServicesPublic Works Agency www.santa-ana.org/public-works Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 21, 2025 TOPIC: Confined Space Rescue Services and Safety Training Services AGENDA TITLE Agreements with National Safety Services, Inc., Ancon Marine, Inc. DBA Ancon Services, and Pro Safety & Rescue, Inc. for Confined Space Rescue and Safety Training Services (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with National Safety Services, Inc., Ancon Services, and Pro Safety & Rescue, Inc. to provide confined space rescue and safety training services, for a term beginning January 21, 2025 and expiring January 20, 2028 with provisions for two, one-year extensions, for a total aggregate amount not to exceed $1,250,000 (Core Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA)'s Water Resources Division (Water Resources) oversees and maintains the daily operations of the City's water and sanitary sewer systems. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,150 metered service connections. In addition, the Water Resources Division maintains multiple confined space sites that involve dangerous entry into appurtenance vaults containing pipelines, water reservoir tanks, culverts, excavations, trenches, and other such work sites for maintenance and repair services. A confined space is an area which has limited or restricted room for entry or exit and is not designed for continuous occupancy. Confined spaces can be dangerous due to risks from noxious fumes, reduced oxygen levels, fire risks, flooding and drowning, asphyxiation, contamination, and access difficulties during emergency. Due to critical components of the water infrastructure being located in confined spaces, Water Resources requires water operators to perform confined space entry regularly for maintenance and repair services. Confined Space Rescue and Safety Training Services January 21, 2025 Page 2 Not only is training a regulatory requirement for those working in confined spaces by the Occupational Safety and Health Administration (OSHA), but working in these hazardous areas without proper training poses an extremely elevated level of risk which can quickly result in the injury or death of a worker. Due to these safety risks, it is essential that all City workers are properly trained to work in these environments by skilled and knowledgeable confined space entry consultants. On May 2, 2024, PWA released Request for Proposals (RFP) No. 24-028 (Exhibit 1), by which it sought the services of qualified consulting firms to provide confined space standby services during permit -required confined space (PRCS) for entries services. The RFP was advertised on PlanetBids and proposals were received electronically via PlanetBids on August 6, 2024. The City notified a total of 628 regional vendors via PlanetBids, with 27 vendors downloading bidding documents. Three proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: Firm City Rank National Safety Services Huntington Beach 1 Ancon Services Signal Hill 2 Pro Safety & Rescue Bakersfield 3 Staff recommends awarding agreements to National Safety Services, Inc., Ancon Services, and Pro Safety & Rescue, Inc. to provide confined space rescue and safety training consultant services on an as -needed basis (Exhibits 2-4). These proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. The firms' rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the proposals were determined to provide the best value for the City. All firms selected for this award are currently under agreement with the City for other consulting services and have performed quality work for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $50,000 are budgeted and available for expenditure in FY 2024- 25 in the Water Utility Water Production and Supply, Contract Services -Professional expenditure accounts. Funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The FY 2024-25 budget allocated to this project is $50,000; however, staff requests contract authority for $150,000 to allow for emergencies and unforeseen work. If it becomes necessary to utilize the full contract authority, staff would reallocate budget Confined Space Rescue and Safety Training Services January 21, 2025 Page 3 within department and fund accordingly in compliance with the City's budgetary controls. Accounting Fund Accounting Unit, Requested Fiscal Unit - Description Account Amount Contract Year Account # Description Authority Contract (3-Year Term) Water Utility Water Production & 24-25 06017640- Water Supply, Contract $50,000 $150,000 62300 Services - Professional Water Utility Water Production & 25-26 06017640- Water Supply, Contract $275,000 $275,000 62300 Services - Professional Water Utility Water Production & 26-27 06017640- Water Supply, Contract $275,000 $275,000 62300 Services - Professional Optional Two -Year Extension Water Utility Water Production & 27-28 06017640- Water Supply, Contract $275,000 $275,000 62300 Services - Professional Water Utility Water Production & 28-29 06017640- Water Supply, Contract $275,000 $275,000 62300 Services - Professional Total $1,150,000 $1,250,000 Confined Space Rescue and Safety Training Services January 21, 2025 Page 4 EXHIBIT(S) 1. RFP No. 24-028 2. Agreement with National Safety Services, Inc. 3. Agreement with Ancon Services 4. Agreement with Pro Safety & Rescue, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager EXHIBIT 1 REQUEST FOR PROPOSALS (RFP) CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING RFP NO.: 24-028 CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Avenue, Bldg A Santa Ana, CA 92703 James Burk, P.E. Project Manager (714) 647-3315 Office jburk@santa-ana.org roved for Release: KEY RFP DATES (Subject to change at discretion of City): Issue Date: Thursday, May 2, 2024 Deadline for Requests for Information: Thursday, May 16, 2024 at 4:00 P.M. Proposal Due Date: Thursday, May 30, 2024 at 4:00 P.M. Projected Award Date (anticipated): Tuesday, August 6, 2024 _M ptLJ� �at�Oc� Nabil Saba, P.E. Executive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE 1S HEREBY GIVEN that proposals will be received from qualified firms to provide confined space rescue services and safety training. Responses to this Request for Proposals (RFP) will be accepted until Thursday, May 30, 2024 at 4:00 P.M. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids-com/portal/portal.cfm?CompanylD=20137 and on the City's RFP Bid page at www.santa-ana.org/bids-rfps. Proposers shall be responsible for monitoring PlanetBids and the City's RFP Bid page to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to submit a Letter of Intent would not lead to the disqualification of the firm. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 2 TABLE OF CONTENTS GENERAL.......................................................................................................................................................................... 4 A. NATURE OF WORK: ........................................................ ........................................... 4 B. SUBMITTAL OF PROPOSAL:..........................................................................................................................4 C. PROPOSAL EVALUATION AND RATING: ..................................................................................................... 4 D. PROJECT FUNDING: .................................................................................................................................... 4 E. TERM OF CONTRACT AGREEMENT: ........................................................................................................... 4 II. PROPOSAL TERMS AND CONDITIONS.....................................................................................................................5 A. EXAMINATION.................................................................................................................................................... 5 B. EXECUTION OF AGREEMENT....................................................................................................................... 5 C. PROPOSAL VALIDITY.......................................................................................................................................5 D. PRE -CONTRACTUAL EXPENSES..................................................................................................................5 E. JOINT OFFERS/SUBCONSULTANTS............................................................................................................5 F. SAFETY PROGRAM REQUIREMENTS......................................................................................................... 5 II. INSTRUCTIONS TO PROPOSERS...............................................................................................................................6 A. CITY RESPONSIBILITIES.................................................................................................................................6 B. PROPOSER RESPONSIBILITIES...................................................................................................................6 C. REQUEST FOR INFORMATION OR CLARIFICATION...............................................................................7 D. ADDENDA............................................................................................................................................................7 E. LICENSES & PERMITS.....................................................................................................................................7 F. INSURANCE........................................................................................................................................................ 7 G. PAYMENT INFORMATION PACKET..............................................................................................................7 H. PRE -PROPOSAL MEETING.............................................................................................................................7 I. CITY RIGHT TO REJECT.................................................................................................................................. 8 J. PROTESTS..........................................................................................................................................................8 III. SUBMITTAL REQUIREMENTS......................................................................................................................................8 A. GENERAL............................................................................................................................................................ 8 1. DEADLINE.............................................................................................................................................8 B. PROPOSAL CONTENTS.....................................................................:...;..........................................................8 1. STATEMENT OF QUALIFICATIONS................................................................................................8 2. SCOPE OF SERVICES..................................................................................................................... 10 3. FEE PROPOSAL................................................................................................................................ 10 4. CERTIFICATIONS..............................................................................................................................10 IV. PROPOSAL REVIEW (CONSULTANT/CONTRACTOR SELECTION)................................................................ 10 A. EVALUATION AND RATING........................................................................................................................... 10 B. SELECTION.......................................................................................................................................................10 V. AWARD OF AGREEMENT...........................................................................................................................................11 A. REQUEST FOR COUNCIL ACTION. ............................................................................................................. 11 B. EXECUTION OF AGREEMENT...... ............................................................................................................... 11 VI. IMPLEMENTATION........................................................................................................................................................11 A. KICK-OFF MEETING........................................................................................................................................ 11 B. NOTICE TO PROCEED................................................................................................................................... 11 VII. PUBLIC RECORDS........................................................................................................................................................ 11 APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: FEE PROPOSAL ATTACHMENT 3: REFERENCES ATTACHMENT 4: STANDARD AGREEMENT SAMPLE ATTACHMENT 5: CERTIFICATIONS City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 3 I. GENERAL The City of Santa Ana ("Santa Ana" or "City") is the county seat and second most populous city in Orange County, California, with over 310,000 residents. It is the 62nd most -populous city in the United States. Santa Ana is located in Southern California, adjacent to the Santa Ana River, about 10 miles away from the California coast. Founded in 1869, the City is part of the Greater Los Angeles Area, the second largest metropolitan area in the United States. A. NATURE OF WORK: The City of Santa Ana is seeking qualified firms to provide confined space resource services and safety training for the City's Water Resources Division. A detailed Scope of Work is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP. B. SUBMITTAL OF PROPOSAL: Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time. The Fee Proposal shall be submitted separately and electronically to the PlanetBids system prior to this proposal due date and time. C. PROPOSAL EVALUATION AND RATING: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 35% • Relevant Project Experience 30% • Understanding of Need 25% • References 10% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. D. PROJECT FUNDING: Project is funded by local funds. E. TERM OF CONTRACT AGREEMENT: This term is outlined in the Standard Consultant Agreement, as contained in ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of this RFP. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 4 II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer will enter into an Agreement similar to that as shown in ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES Santa Ana shall not., in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERSISUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. F. SAFETY PROGRAM REQUIREMENTS Work Site Safety shall be as defined by the Standard Specifications and these special provisions: The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 5 all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site. The following is required in addition to the requirements of the Standard Specifications: a. The Proposer shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. The Proposer shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. c. The Proposer, their employees and subcontractors shall follow all safety rules and safe work practices. d. The Proposer will immediately notify the City of any significant and/or unusual hazards found during the course of work. e. The Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. The Proposer is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Proposer, its subcontractors or City, attributable to any alleged act or omission of the Proposer or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Proposer any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work. II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 6 knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated below in SUB -SECTION II.D "ADDENDA". D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system: https://www. planetbids.com/portal/portal.cfm?Com pa nyl D=20137. E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa-ana.org/bidsrfps - H. PRE -PROPOSAL MEETING A pre -proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 7 and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in SUB -SECTION II.D "ADDENDA". CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non -responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. III. SUBMITTAL REQUIREMENTS A. GENERAL 1. DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation. 1. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE - SIDED PAGES (excluding front and back covers, section dividers and attachments City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 8 such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11" x 17". The Statement of Qualifications includes the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. b. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. Insurance requirements subject to change. c. Firm and Team Experience Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. d. Understanding Scope of Services Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. The Respondent should describe the ongoing support, management, and resources that will be provided to the City throughout the development agreement contract period, including any unique value-added services that it wishes to highlight. e. Relevant Project Experience Proposal shall include a list of relevant projects which your firm or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. f. References Proposal shall include references for three public entities for which Proposer has performed similar work within the past five (5) years. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 9 g. Fee Fees may or may not be included as part of evaluation criteria. Refer to SECTION 1 "GENERAL" above and SUB -SECTION III.B.3 "FEE PROPOSAL" below. (this item not part of page limit) 2. SCOPE OF SERVICES Proposal shall include a Scope of Services which details the work phases to be completed, the tasks to be accomplished and the deliverables to be provided based upon the requested Scope of Work, detailed in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP. 3. FEE PROPOSAL Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separate submission to the PlanetBids system. This shall include the proposed Total Fee, firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. Where fees are NOT included as part of evaluation criteria, the fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in SECTION I "GENERAL" above. 4. CERTIFICATIONS The following forms, included in ATTACHMENT 5: CERTIFICATIONS in the Appendix of this RFP, shall be signed and included as part of the proposal submittal package: Non -Collusion Affidavit Non -Lobbying Certification Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT/CONTRACTOR SELECTION) A. EVALUATION AND RATING Refer to SECTION I "GENERAL" above. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the Proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 10 V. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 11 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING Appendix ATTACHMENT 9: SCOPE OF WORK City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 12 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and proudly serves a population over 310,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System and has been proudly serving the community for 150 years. B. SAFETY CONSULTANT RESPONSIBILITIES The Consultant shall be responsible for providing confined space standby services during permit -required confined space (PRCS) entries performed by City Staff and/or by the City's Consultants and Contractors. The majority of PRCS entries will involve entry into appurtenance vaults containing pipelines, water reservoir tanks, culverts, excavations, trenches, and other such work sites. PRCS support services shall be required and requested on an as -needed basis. The Consultant shall have expertise in the following: • Confined space rescue • High angle/low angle retrieval performance tactics and methods • Confined Space attendance and supervisory role allocation • Trench Rescue Hazard assessments • Rescue planning • Site and space evaluation/classification • Accountability and permit oversight (such as hot work and confined space permit requirements) • Atmospheric monitoring and ventilation • Offshore platform rescue • High angle stand-by rescue for elevated water tanks • Tactical planning procedures • Maintaining and inspecting air quality equipment • Water rescue The Consultant shall provide all labor, materials, services, and equipment necessary confined space rescue services and safety training. All services, equipment and materials provided by the Consultant must be in accordance with all applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope of the project at any time. All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and regulations. In addition, the Consultant must be able to respond to City's request for emergency repair work on a timely manner. Regular business hours are considered from 7.00 am to 5:00 pm (Monday City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 13 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING through Friday). C. SCOPE OF SERVICES The City and its Consultant/Contractor entrants will perform various PRCS activities, under emergency and non -emergency conditions, for the purpose of: • Draining and dewatering • Inspections, assessments, and evaluations • Rehabilitation, replacement, maintenance and repairs • Installation and repair of equipment • Maintenance and inspection of air quality equipment The Consultant's services shall include the following tasks: 1. SITE SAFETY ASSESSMENT AND MEETINGS The Consultant shall provide a two -person rescue team that shall actively participate in all pre -entry planning and coordination efforts, including but not limited to, attending project coordination meetings in the field to help plan and coordinate the execution of the proposed work. The Consultant's attendance at pre-planning/coordination meetings are necessary for assessing known/unexpected site condition and preparing the contractor, consultant, and City staff for confined space entries. The two -person (potential entrant and attendantlsupervisor) or more rescue team shall arrive at the designated worksite at least one (1) hour prior to PRCS entry to evaluate the site for potential hazards, establish appropriate anchors, set up rescue equipment, and meet with City staff to review all site hazards. This meeting must include all entrant(s). Depending on the nature of work, more than one rescue team or additional rescue personnel may be required at the designated work site. Once City entrants have entered a worksite, the distance, grade, and difficult access can limit and/or restrict the entry and exit of these spaces. The spatial constraints, fall hazards, and slippery conditions within the worksite can also limit freedom of movement and hinder a person's ability to exit the space in an emergency. Since the depths, dimensions, access points, atmospheres, and other worksite conditions often vary, each City PRCS entry will need to be evaluated on a case -by -case basis by the confined space entry rescue Consultant. When meeting with City staff, the Consultant will discuss, test, and confirm all methods of communication to be used during the entry. Radios will be used as a primary form of communication and vocal directions shall serve as a secondary alternative form of communication on a case -by -case basis. If the entrant may not remain in visual contact at all times, then an air horn, whistle, or alternate form of communication may City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 14 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING be used. A radio checks will be performed before entry to ensure the proper functioning of radios and the use of the correct channel. If hand signals are used, then the entrants, rescue team, and attendants will review the hand signals to be used. If an air horn is used, then all sound signals will be agreed upon by the entrants, rescue teams, and attendants before entry. The Consultant will discuss known and potential site hazards associated with the PRCS, safety, and fall protection equipment, review rescue plans with the entrants and attendants before entry, and any other relevant safety -related items. All safety and fall protection equipment shall be inspected by the Consultant following CAL/OSHA requirements before entry. The Consultant will consider potential rescue obstacles and discuss any necessary contingency plans to circumvent the obstacle(s). The Consultant will maintain regular contact with the attendant regarding conditions within the space and the location of the entrants. 2. CONFINED SPACE RESCUE SERVICES If a City employee is injured or unable to exit the space unassisted, the Consultant shall enter the space and conduct a rescue if conditions are safe for entry. The Consultant shall contact appropriate emergency personnel as needed. The Consultant shall be able to provide any necessary first aid and/or CPR for the injured entrant(s) if the conditions allow. The Consultant shall remove the injured entrant from the space as safely and expeditiously as conditions allow. If the entrant is uninjured but unable to exit due to being physically stuck in the space, the Consultant shall enter the space, extricate the entrant, and evaluate the condition that caused the entrant to become stuck. The condition shall be reported to the attendant to determine whether the entry should be aborted. The Consultant shall work with the City to designate a safe and accessible staging location for meeting emergency personnel (i.e., paramedics, fire department, and police). The Consultant shall be responsible for transporting any injured City employees to this staging area. If a rescue is performed or if an entrant(s) is injured, the Consultant and/or their supervisor shall provide the City with a written statement of the actions taken and the conditions that led to the rescue and/or injury. The written statement shall be submitted to the designated City Safety Coordinator and City Project Manager within eight (8) to twenty-four (24) hours of the incident depending upon the circumstance per CAL/OSHA and City requirements and regulations. If no rescue operations take place, the Consultant and/or their supervisor shall provide the City with a brief written summary of their activities at the entry site within three (3) calendar City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 15 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING days. 3. RESCUE SUPPORT EQUIPMENT The Consultant shall be responsible for providing all of the necessary rescue support equipment such as self-contained breathing apparatuses (SCBA's), floatable rescue stretcher/lifter, multi -gas meter, two sources of waterproof lighting, at least 300 feet of rescue line, cell phones for contacting emergency medical services (EMS), radios and/or air horn, waders and/or hip boots, floatation vests, hard hats, personal protective equipment, davit and/or retrieval equipment, and first aid kit, etc. Additional equipment may be needed depending on the worksite. In addition, the Consultant shall develop plans for rigging activities and rope support specific to ascending and descending elevated water towers above 100 feet. The Safety Consultant shall provide rope support and safety consulting services with detailed inspection prior and during rigging activities. The Consultant shall also be able to provide/procure City personnel with rope/harness and rigging equipment that meets or exceeds applicable safety standards upon request by the City. In the event equipment no longer meets safety standards required by applicable codes, the Consultant shall recommend approved resources to replace safety equipment. In addition, if the City desires additional miscellaneous protective safety equipment outside of the scope of services, the Consultant shall be able to procure and train City employees on aforementioned miscellaneous equipment. 4. SAFETY TRAINING SERVICES The Consultant shall provide rescue training services; this includes developing and delivering training and expertise to identify workplace hazards and controls as well as and assisting workers in gaining a greater understanding of safety awareness. Upon request by the City, the Consultant may be tasked with conducting safety inspections and investigations, assisting with developing training to contribute to the knowledge and skills required for workers to perform their work safely, and teaching employees awareness/understanding of workplace hazards including how to identify, report, and control the hazards. Annually and upon request, the City shall request the following training classes from the Consultant: 1. Fit Testing per City employee (including medical evaluation questionnaires) 2. SCBA and SKA-PAK Breathing Air Training 3. 40-hour Confined Space Rescue Service 4. 8-hour Cal -OSHA Confined Space Entry Course 5. Lift Station Air Quality Equipment Inspection Services 6. Elevated Tank Fall Protection and Retrieval Training City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 16 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7. Monthly Safety Training Services including but not limited to: (1) Electrical safety (2) Confined space training (3) Excavation/Trenching (4) Fail protection and retrieval (5) Lock-outlTag-out (6) Construction site safety plans (7) Hazardous materials handling (8) Respirator protection (9) Aerial work (fall protection and retrieval) (10) Hot work and hot work permit requirements (11) Personnel protective equipment (PPE) requirements (12) Signage requirements (13) Ventilation techniques (14) Permitting requirements (15) Other OSHA required training for job -related hazards The specific training needs identified in the scope of work can be expected to include similar components as the training requirements identified above. All safety training needs will be discussed and coordinated with City staff prior to work authorization. 5. SAFETY EQUIPMENT INSPECTION AND MAINTENANCE SERVICES Upon request from the City, -the Consultant shall offer inspection and maintenance services of safety equipment including but not limited to the following frequency: The Consultant shall provide quarterly inspection and evaluation of rescue equipment in the City's Immediately Dangerous to Life or Health (IDLH) rescue vehicle to meet compliance with safety provisions and standards. The City's I DLH rescue vehicle includes SCBA's, SKA-PAK's, medical equipment, helmets and lights, ventilation, CMC rescue hardware, fall protection equipment, radios, atmospheric monitors, and miscellaneous equipment. 2. The consultant shall also provide annual inspection and evaluation services of SCBA's and SKA-PAK's air respirators as well as evaluation of self -retracting lines to meet compliance with safety standards. 3. The Consultant shall provide confined spaces training services annually in accordance with Title 8 CCR. 4. The Consultant shall provide annual inspection/maintenance of the City's air quality monitoring equipment at various stations. 5. The Consultant shall be responsible for training City staff on assessing Self - retracting line (SRL) equipment and ensuring equipment meets certification City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 17 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING standards (SRL annual certification and training services for ascending and descending potable water tanks taller than 100 feet). In the event any safety equipment does not meet standards, the Consultant shall recommend and provide replacements. In addition, the Consultant shall maintain a record of inspections and tests to ensure timely maintenance and quality of safety equipment and materials. Upon performing quarterly and annual inspections, the Consultant shall provide the official test results as well as inspection logs within thirty (30) days of inspection performance. C. CODE COMPLIANCE All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • National Fire Protection Agency (NFPA) • State Department of Industrial Safety (CAL/OSHA) • California Code of Regulations (CCR) • Local, State, and Federal Building Codes • City of Santa Ana Standards D. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager, The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long- term tasks if any. E. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. F. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 18 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. G. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor ................................................................................................ 20 2) Materials...........................................................................................15 3) Equipment Rental............................................................................. 15 4) Other Items and Expenditures.......................................................... 15 H. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Consultant shall have a minimum of five (5) years of experience in the services described in ATTACHMENT 1: SCOPE OF SERVICES. 3, The Consultant shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. All rescue team members must have received previous training in atmospheric monitoring and ventilation, communication, emergency self -rescue, non -entry rescue operations, permit system, signs, first aid and CPR, lockout/tagout, fall protection, electrical safety, and respiratory protection. 5. The rescue team members must have received training in a simulated rescue operation within the 12 months previous to any rescue services performed for the City. 6. Provide all necessary equipment to competently perform and complete work as specified. I. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 19 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING contractor's supervision is trained in the work practices necessary to safely perform his or her job. J. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. K. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section iII.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section --- City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 20 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO. BUSINESS ADDRESS STREET CITY/STATE ZIP CODE X SIGNATURE OF AUTHORIZED AGENT NAME (PRINT) TITLE EMAIL ADDRESS PHONE NUMBER CSLB NUMBER DIP, REGISTRATION NUMBER City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 21 APPENDIX CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING ATTACHMENT 3: PROPOSER'S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Nam Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Nam Address Contract Amount: Description of supplies, equipment, or services provided. - Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 22 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual. - Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 23 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING Appendix ATTACHMENT 4: STANDARD AGREEMENT (SAMPLE) City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 24 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING CONSULTANT AGREEMENT (SAMPLE) CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2024 by and between , ("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 having special skill and knowledge in electrical repair and rehabilitation services. B. Consultant represents that Consultant 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 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 a. 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 Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $XXX,XXX 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 which 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 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 25 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING This Agreement shall commence on the date first written above for a number (3) year -term with the option for the City to grant up to a one (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. 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 CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor 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 Contractor 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. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 26 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as- (i) 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 $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit 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. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) 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. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 27 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance 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. (iii) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which 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 waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant 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. (vi)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. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 28 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii)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 required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy 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. (ix) 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. (x) 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 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 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 29 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 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 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 30 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Consultant's Firm Name Address City State, Zip Code Attn: A party may change its address by giving notice in writing to the other party. 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 deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 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 ilillllil — City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 31 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities 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 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 32 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 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. signatures follow on next page City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 33 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM SONIA R, CARVALHO City Attorney Senior Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA City Manager CONSULTANT Name: Title: City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 34 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING APPENDIX ATTACHMENT 5: CERTIFICATIONS City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 35 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 36 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm. Date: City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 37 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 38 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm. Date: City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 39 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING ***END OF RFP 24-028** City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 40 EXHIBIT 2 AGREEMENT WITH NATIONAL SAFETY SERVICES, INC. TO PROVIDE ON -CALL CONFINED SPACE RESCUE AND SAFETY TRAINING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21 st day of January, 2025 by and between National Safety Services, Inc. ("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. On May 2, 2024 the City issued Request for Proposal ("RFP") No. 24-028, by which it sought qualified consultants to provide on -call confined space rescue and safety training services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-028. 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: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 24-028, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant's proposal, attached hereto as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide confined spaced rescue services and safety training on an on -call basis under RFP 24-028. The total compensation for these services provided by all such consultants selected under RFP 24-028 shall not exceed the shared aggregate amount of One Million, Two -Hundred and Fifty Thousand Dollars ($1,250,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of Page 1 of 9 #447776v5 proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonable be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a three (3) year term through January 20, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a written 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 1600, 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 form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR 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 Page 2 of 9 #447776v5 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 any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or Page 3 of 9 #447776v5 operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Heidi Chou, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. Page 4 of 9 #447776v5 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: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims 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 other persons acting on its 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, 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. Page 5 of 9 #447776v5 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 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; 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 in any manner with performance of services specified under this Agreement. 13. 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. 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 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 is not embodied herein. Page 6 of 9 #447776v5 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 contractors retained by City. 16. 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(s) 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. 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 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. 18. 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. 19. 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 Page 7 of 9 #447776v5 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. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: National Safety Services Inc. Attn: Charles Hudson, President/Rescue Chief 5562 Research Drive, Unit B Huntington Beach, CA, 92649 A party may change its address by giving notice in writing to the other party. 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 deemed to have been given twenty-four (24) hours after the time 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. Page 8 of 9 #447776v5 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: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Kyl / Ass RECOMMENDED FOR APPROVAL: Nabil Digitally signed by Nabil Saba Date: 2025.01.06 13:15:56 Saba -08'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: Charles Hudson President/Rescue Chief Page 9 of 9 #447776v5 EXHIBIT A CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and proudly serves a population over 310,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System and has been proudly serving the community for 150 years. B. SAFETY CONSULTANT RESPONSIBILITIES The Consultant shall be responsible for providing confined space standby services during permit -required confined space (PRCS) entries performed by City Staff and/or by the City's Consultants and Contractors. The majority of PRCS entries will involve entry into appurtenance vaults containing pipelines, water reservoir tanks, culverts, excavations, trenches, and other such work sites. PRCS support services shall be required and requested on an as -needed basis. The Consultant shall have expertise in the following: • Confined space rescue • High angle/low angle retrieval performance tactics and methods • Confined Space attendance and supervisory role allocation • Trench Rescue • Hazard assessments • Rescue planning • Site and space evaluation/classification • Accountability and permit oversight (such as hot work and confined space permit requirements) • Atmospheric monitoring and ventilation • Offshore platform rescue • High angle stand-by rescue for elevated water tanks • Tactical planning procedures • Maintaining and inspecting air quality equipment • Water rescue The Consultant shall provide all labor, materials, services, and equipment necessary confined space rescue services and safety training. All services, equipment and materials provided by the Consultant must be in accordance with all applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope of the project at any time. All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and regulations. In addition, the Consultant must be able to respond to City's request for emergency repair work on a timely manner. Regular business hours are considered from 7.00 am to 5.00 pm (Monday City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 13 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING through Friday). C. SCOPE OF SERVICES The City and its Consultant/Contractor entrants will perform various PRCS activities, under emergency and non -emergency conditions, for the purpose of: • Draining and dewatering • Inspections, assessments, and evaluations • Rehabilitation, replacement, maintenance and repairs • Installation and repair of equipment • Maintenance and inspection of air quality equipment The Consultant's services shall include the following tasks: 1. SITE SAFETY ASSESSMENT AND MEETINGS The Consultant shall provide a two -person rescue team that shall actively participate in all pre -entry planning and coordination efforts, including but not limited to, attending project coordination meetings in the field to help plan and coordinate the execution of the proposed work. The Consultant's attendance at pre-planninglcoordination meetings are necessary for assessing known/unexpected site condition and preparing the contractor, consultant, and City staff for confined space entries. The two -person (potential entrant and attendant/supervisor) or more rescue team shall arrive at the designated worksite at least one (1) hour prior to PRCS entry to evaluate the site for potential hazards, establish appropriate anchors, set up rescue equipment, and meet with City staff to review all site hazards. This meeting must include all entrant(s). Depending on the nature of work, more than one rescue team or additional rescue personnel may be required at the designated work site. Once City entrants have entered a worksite, the distance, grade, and difficult access can limit and/or restrict the entry and exit of these spaces. The spatial constraints, fall hazards, and slippery conditions within the worksite can also limit freedom of movement and hinder a person's ability to exit the space in an emergency. Since the depths, dimensions, access points, atmospheres, and other worksite conditions often vary, each City PRCS entry will need to be evaluated on a case -by -case basis by the confined space entry rescue Consultant. When meeting with City staff, the Consultant will discuss, test, and confirm all methods of communication to be used during the entry. Radios will be used as a primary form of communication and vocal directions shall serve as a secondary alternative form of communication on a case -by -case basis. If the entrant may not remain in visual contact at all times, then an air horn, whistle, or alternate form of communication may City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 14 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING be used. A radio checks will be performed before entry to ensure the proper functioning of radios and the use of the correct channel. If hand signals are used, then the entrants, rescue team, and attendants will review the hand signals to be used. If an air horn is used, then all sound signals will be agreed upon by the entrants, rescue teams, and attendants before entry. The Consultant will discuss known and potential site hazards associated with the PRCS, safety, and fall protection equipment, review rescue plans with the entrants and attendants before entry, and any other relevant safety -related items. All safety and fall protection equipment shall be inspected by the Consultant following CAL/OSHA requirements before entry. The Consultant will consider potential rescue obstacles and discuss any necessary contingency plans to circumvent the obstacle(s). The Consultant will maintain regular contact with the attendant regarding conditions within the space and the location of the entrants. 2. CONFINED SPACE RESCUE SERVICES If a City employee is injured or unable to exit the space unassisted, the Consultant shall enter the space and conduct a rescue if conditions are safe for entry. The Consultant shall contact appropriate emergency personnel as needed. The Consultant shall be able to provide any necessary first aid and/or CPR for the injured entrant(s) if the conditions allow. The Consultant shall remove the injured entrant from the space as safely and expeditiously as conditions allow. If the entrant is uninjured but unable to exit due to being physically stuck in the space, the Consultant shall enter the space, extricate the entrant, and evaluate the condition that caused the entrant to become stuck. The condition shall be reported to the attendant to determine whether the entry should be aborted. The Consultant shall work with the City to designate a safe and accessible staging location for meeting emergency personnel (i.e., paramedics, fire department, and police). The Consultant shall be responsible for transporting any injured City employees to this staging area. If a rescue is performed or if an entrant(s) is injured, the Consultant and/or their supervisor shall provide the City with a written statement of the actions taken and the conditions that led to the rescue and/or injury. The written statement shall be submitted to the designated City Safety Coordinator and City Project Manager within eight (8) to twenty-four (24) hours of the incident depending upon the circumstance per CAL/OSHA and City requirements and regulations. If no rescue operations take place, the Consultant and/or their supervisor shall provide the City with a brief written summary of their activities at the entry site within three (3) calendar City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 15 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING days. 3. RESCUE SUPPORT EQUIPMENT The Consultant shall be responsible for providing all of the necessary rescue support equipment such as self-contained breathing apparatuses (SCBA's), floatable rescue stretcher/lifter, multi -gas meter, two sources of waterproof lighting, at least 300 feet of rescue line, cell phones for contacting emergency medical services (EMS), radios and/or air horn, waders and/or hip boots, floatation vests, hard hats, personal protective equipment, davit and/or retrieval equipment, and first aid kit, etc. Additional equipment may be needed depending on the worksite. In addition, the Consultant shall develop plans for rigging activities and rope support specific to ascending and descending elevated water towers above 100 feet. The Safety Consultant shall provide rope support and safety consulting services with detailed inspection prior and during rigging activities. The Consultant shall also be able to provide/procure City personnel with rope/harness and rigging equipment that meets or exceeds applicable safety standards upon request by the City. In the event equipment no longer meets safety standards required by applicable codes, the Consultant shall recommend approved resources to replace safety equipment. In addition, if the City desires additional miscellaneous protective safety equipment outside of the scope of services, the Consultant shall be able to procure and train City employees on aforementioned miscellaneous equipment. 4. SAFETY TRAINING SERVICES The Consultant shall provide rescue training services; this includes developing and delivering training and expertise to identify workplace hazards and controls as well as and assisting workers in gaining a greater understanding of safety awareness. Upon request by the City, the Consultant may be tasked with conducting safety inspections and investigations, assisting with developing training to contribute to the knowledge and skills required for workers to perform their work safely, and teaching employees awareness/understanding of workplace hazards including how to identify, report, and control the hazards. Annually and upon request, the City shall request the following training classes from the Consultant: 1. Fit Testing per City employee (including medical evaluation questionnaires) 2. SCBA and SKA-PAK Breathing Air Training 3. 40-hour Confined Space Rescue Service 4. 8-hour Cal -OSHA Confined Space Entry Course 8. Lift Station Air Quality Equipment Inspection Services 6. Elevated Tank Fall Protection and Retrieval Training City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 16 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7. Monthly Safety Training Services including but not limited to: (1) Electrical safety (2) Confined space training (3) Excavation/Trenching (4) Fail protection and retrieval (5) Lock-out/Tag-out (6) Construction site safety plans (7) Hazardous materials handling (8) Respirator protection (9) Aerial work (fall protection and retrieval) (10) Hot work and hot work permit requirements (11) Personnel protective equipment (PPE) requirements (12) Signage requirements (13) Ventilation techniques (14) Permitting requirements (15) Other OSHA required training for job -related hazards The specific training needs identified in the scope of work can be expected to include similar components as the training requirements identified above. All safety training needs will be discussed and coordinated with City staff prior to work authorization. 5. SAFETY EQUIPMENT INSPECTION AND MAINTENANCE SERVICES Upon request from the City, the Consultant shall offer inspection and maintenance services of safety equipment including but not limited to the following frequency: The Consultant shall provide quarterly inspection and evaluation of rescue equipment in the City's immediately Dangerous to Life or Health (IDLH) rescue vehicle to meet compliance with safety provisions and standards. The City's IDLH rescue vehicle includes SCBA's, SKA-PAK's, medical equipment, helmets and lights, ventilation, CMC rescue hardware, fall protection equipment, radios, atmospheric monitors, and miscellaneous equipment. 2. The consultant shall also provide annual inspection and evaluation services of SCBA's and SKA-PAK's air respirators as well as evaluation of self -retracting lines to meet compliance with safety standards. 3. The Consultant shall provide confined spaces training services annually in accordance with Title 8 CCR. 4. The Consultant shall provide annual inspection/maintenance of the City's air quality monitoring equipment at various stations. 5. The Consultant shall be responsible for training City staff on assessing Self - retracting line (SRL) equipment and ensuring equipment meets certification City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 17 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING standards (SRL annual certification and training services for ascending and descending potable water tanks taller than 100 feet). In the event any safety equipment does not meet standards, the Consultant shall recommend and provide replacements. In addition, the Consultant shall maintain a record of inspections and tests to ensure timely maintenance and quality of safety equipment and materials. Upon performing quarterly and annual inspections, the Consultant shall provide the official test results as well as inspection logs within thirty (30) days of inspection performance. C. CODE COMPLIANCE All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • National Fire Protection Agency (NFPA) • State Department of Industrial Safety (CAL/OSHA) • California Code of Regulations (CCR) • Local, State, and Federal Building Codes • City of Santa Ana Standards D. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long- term tasks if any. E. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. F. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 18 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. G. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor................................................................................................20 2) Materials..........................................................................................15 3) Equipment Rental............................................................................ 15 4) Other Items and Expenditures.......................................................... 15 H. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Consultant shall have a minimum of five (5) years of experience in the services described in ATTACHMENT 1: SCOPE OF SERVICES. 3. The Consultant shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. All rescue team members must have received previous training in atmospheric monitoring and ventilation, communication, emergency self -rescue, non -entry rescue operations, permit system, signs, first aid and CPR, lockoutltagout, fall protection, electrical safety, and respiratory protection. 5. The rescue team members must have received training in a simulated rescue operation within the 12 months previous to any rescue services performed for the City. 6. Provide all necessary equipment to competently perform and complete work as specified. 1. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 19 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING contractor's supervision is trained in the work practices necessary to safely perform his or her job. J. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. K. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section III.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section --- City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 20 EXHIBIT B NATIONAL SAFETY SERVICE COVER LETTER May 24. 2024 James Burk, P E. CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Avenue, Bldg. A Santa Ana, CA 92703 Subject: REQUEST FOR PROPOSALS (RFP) CONFINED SPACE RESCUE SERVICES AN❑ SAFETY TRAINING. RFP NO. 24-028 National Safety Services Inc would like to present this RFP No. 24-028 for the review of the City of Santa Ana Public Works Agency. Sincerely, Chuck Hudson President 1 Rescue Chief Disabled Veteran Business Enterprise National Safety Services Inc. 5562 Research Drive, Unit B Huntington Beach, CA 92649 (714) 679-9118 cell chudson nsrsi.com LAPAT►►fi►AR)E.^ Mgore] 1l!1 55F7 RacQarrh nriva I lnit R Hiintinvtnn Raarh r❑ Q7fi7� 4 NATIONAL SAFETY seRvices Firm and Team Experience May 24. 2024 James Burk, P.E. CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Avenue, Bldg. A Santa Ana, CA 92703 Subject: RFP NO. 24-028 Firm and Team Experience National Safety Services Inc (NSSI) is a private full services safety, rescue, consulting and inspection company. NSSI is a Disabled Veteran Business Enterprise (DVBE) Certification NSSI was started in 2015 by Charles Hudson to assist customers, agencies and the public with a vast complement of rescue and safety services. Currently National Safety Services Inc employees 7 full-time rescue professionals. Vast majority of trainings are conducted by NSSI' s President and Senior Lead Instructor Charles Hudson, with assistance from additional NSSI staff members on larger classes. NSSI has current contracts with more than 20 Water and Wastewater agencies in Southern California. Current contracts include Training, Consulting, Inspection and Compliance, Equipment Sales, Custom Rescue Trailers, Van Conversion and Truck Conversions, Site Management and Rescue and Stand-by Rescue Services. National Safety Services completed a 21-day underground tunnel project in the Metropolitan Water Districts Freda Siphon. NSSI managed 7-person underground tunnel team (2 teams, days, and nights) 24 hours a day to support the project. Some entries were more than 4000' in the pipeline. NSSI's staff not only assisted with the complexities of a 4000' entry, but we also assisted the customer with lowering and raising equipment to assist the onsite contractors. 5562 Research Dr, Unit B, Huntington Beach, CA 92629 ())NATIONAL SAFETY SERVICES In the past three months, National Safety Services has completed a 21-day stand-by tunnel project and trained 4 Water / Wastewater agencies with the following trainings: • Metropolitan Water District - Freda Siphon — California side of Parker Arizona March 4, 2024 — March 25, 2024 (14-person Tunnel Rescue Team, 24 hours a day, 7 Technicians days / 7 Technicians nights), Miller Pipeline — Jeremy Kieninger — Superintendent 317.727.8983 • Desert Water Agency — Fit Testing and SCBA / Ska-Pak Training April 15, 2024 & April 16, 2024 Desert Water Agency - Eddie Gonzalez — Facilities & Safety Officer 760.323.4971 x 115 • Desert Water Agency — 8-hour HAZWOPER Refresher Training April 17, 2024 & April 18, 2024 • Desert Water Agency - Eddie Gonzalez — Facilities & Safety Officer 760.323.4971 x 115 • Padre Dam Municipal Water District - 24 hour Confined Space Rescue Course April 22, 2024 — April 24-2024 Padre Dam — Larry Castillo — Safety & Risk Manager 619.933.5794 • Desert Water Agency — 8-hour Confined Space Entry Course 5/29/2024 Desert Water Agency - Eddie Gonzalez — Facilities & Safety Officer 760.3234971 x 115 • Desert Water Agency — 24 hour Confined Space Rescue Course with Palm Springs Fire April 30, 2024 — May 2, 2024, • Desert Water Agency - Eddie Gonzalez — Facilities & Safety Officer 760.3234971 x 115 • Desert Water Agency — 8-hour Confined Space Entry Course 6/4/2024 Desert Water Agency - Eddie Gonzalez — Facilities & Safety Officer 760.3234971 x 115 • Desert Water Agency — 24 hour Confined Space Rescue Course with Palm Springs Fire May 7, 2024 — May 9, 2024, Desert Water Agency - Eddie Gonzalez — Facilities & Safety Officer 760.3234971 x 115 • Western Water — 8 hour Confined Space Rescue Refresher Course May 15, 2024, Western Water — James Chatwin — Safety Manager — 951.571.7252 • Orange County Water Authority — Presented a Confined Space Communications lecture May 16, 2024, • AES Huntington Beach — 6-month High Angle Stand-by Rescue Team for mural painting June — 2021 to December 2021 Josh Wynia — Maintenance Team Leader — 714.374.1420 5562 Research Dr, Unit B, Huntington Beach, CA 92629 4 NATIONAL SAFETY seRvices National Safety Services has conducted many jobs over the past 5 years including: • 2019 — 2024 Annual Compliance of Rescue Equipment, SCBA Flow Test • 2023 - Water Tower camera installation • 2024 - Water Tower light installation • 2023 - Water Tower cathartic inspection • 2023 - Water Tower Fall Protection Training • 2022 - 2024 Orange County, multiple sites install reservoir mixers, diving • 2023 - Orange County, multiple 40-hour Confined Space Rescue Technician courses • 2023 - Orange County Fit Test City of Santa Ana employees • 2023 - 2024 Orange County 8-hour Confined Space Entry Course • 2017 - 2024 Riverside County— 24-hour Confined Space Rescue Operation Class • 2017 - 2024 Riverside County— Fit Test • 2017 - 2024 Riverside County— SCBA and Ska-Pak Breathing Air Training • 2017 — 2024 Riverside County— 8-hour HAZWOPER Refresher Training • 2021 - Orange County — 9-month High Angle Rope Rescue Team • 2020 - Orange County — Multi day dive for missing skin diver (Fatality) • 2021 - San Diego County — Multi day bridge deck inspection • 2021 - San Diego County — Multi day outlet spill way inspection • 2020 - 2024 Riverside County — Joint Confined Spaced Training with Fire Department • 2023 - 2024 Orange County - Joint Confined Spaced Training with Fire Department • 2021 - Orange County Airport — Confined Space Stand-by Services • 2023 - Riverside County — Assisted Wastewater agency with Rescue Rodeo as Consultant The company owner and rescue chief, Charles Hudson has over 30 years of experience in multiple fields. National Safety Services Inc. NSSI — President/Rescue Chief 1/2015 — Present • Started National Safety Services January 2015 • Operate as a private rescue/fire company specializing in Confined Space Rescue, Trench Rescue, Tunnel Rescue, Mine Rescue, Swiftwater Rescue, Dive Rescue. • Respond to multiple rescue requirements, natural disaster, manmade disaster, normally respond anywhere in the lower 48 states in 24-48 hours. • Train local, state, and federal institutions on rescue response. • Senior Lead instructor for confined space entry, confined space rescue, tunnel entry, tunnel rescue, Trench awareness, trench rescue, swift water rescue, high angle rescue, low angle rescue, HAZWOPER. Beach Cities Scuba • 6/2017 — Current Padi Dive Instructor and Boat Dive Master • Master Instructor — Teach Open Water classes up to Assistant Instructor classes. • Teach advanced technical diving, mixed gas, side mount, rebreather, full face. • Teach technical diving below 100' FSW, Deco, Mixed gas. • Teach all certified PADI specialties. 5562 Research Dr, Unit B, Huntington Beach, CA 92629 4 NATIONAL SAFETY seRvices Los Angeles County Sheriff's Dept Search and Rescue Instructor, 4/1994 — 6/1 /2020 Los Angeles County Sheriffs Dept. SAR, Palmdale, Ca Lead Rescue Instructor for Confined Space Rescue Operations, Low and High Angle systems, Rope Systems, Anchors, Ice Rescue, Mountaineering, Vertical Ice Climbing, Cold Weather Survival and Navigation. Safety Officer Mine Rescue Technician (MSHA) with Montrose Search and Rescue. Worked in conjunction with Federal, State and Local agencies. Current California State Fire Marshal Confined Space certified and California State Fire Marshal Trench Rescue Certified. Familiar with EPA, OSHA, MSHA and Cal -OSHA regulations. Implemented new Safety Protocols for SAR training and rescues. Adopted Incident Command Systems (ICS, same as used by California Department of Forestry and Fire Protection) for rescues. Fire Apparatus Engineer 11/2000 - 1/2009 Temecula Volunteer Fire Company, Temecula, CA President of a 50-member 501 C-3 non-profit company. This is a fully functional Volunteer Fire Company. Responding to medical aids, structure and wild land fires, vehicle fires, hazmat incidents and any other emergency related calls. Able to operate type I, 11 and III type engines. Class B license. EMT-B for 10 years. Current Certs: Fire Apparatus Engineer, Breath Support Operator, Water Tender Operator, Squad Operator, Confined Space Tech, Trench Rescue Tech, Auto Extrication Tech, advanced management classes for Incident Command Systems (ICS). Skills • Senior Instructor in the following: Confined Space Rescue, Trench Rescue, Tunnel Rescue, High Angle Rescue, Low Angle Rescue Swift Water Rescue (SRT-1 and SRT-A), HAZWOPER, SCBA Training, Drager BG-4 Training, Atmospheric Monitoring, OSHA 500 and 501, Fall Protection, Anchors, Rigging, Ventilation, Rescue Communications, HASP Writing. • IRATA & SPRAT Rope Access Technician ■ National Registry Emergency Medical Technician-B (Current) • Current PADI Master Instructor • CSFM Confined Space Rescue Technician, CSFM Trench Technician, Tunnel Technician, NFPA Rope Rescue Technician Level III, MSHA Mine Rescue Certified, TEEX Pro Board - Certified Confined Space Rescue Technician, Scott Repair Technician, MSA RITE Atmospheric Technician, Drager Bench Trained Technician, Qualitative Fit Tester, • Current FEMA Swiftwater Boat Operator ■ Current FEMA Swiftwater Advanced Rescue Technician • Current FEMA Rope Technician, Level III • Rescue vehicle designer. ■ Rescue consultant. • Subject Matter Expert for many water and wastewater agencies. 5562 Research Dr, Unit B, Huntington Beach, CA 92629 4 NATIONAL SAFETY seRvices This document is Confidential. Please do not post this for public knowledge. Sincerely, Chuck Hudson President / Rescue Chief Disabled Veteran Business Enterprise (DVBE) Certification # 2035181 National Safety Services Inc. 5562 Research Drive, Unit B Huntington Beach, CA 92649 (714) 679-9118 cell chudsonansrsi.com www.nsrsi.com �i �6.7 5562 Research Dr, Unit B, Huntington Beach, CA 92629 4 NATIONAL SAFETY seRvices Understanding Scope of Services May 24. 2024 James Burk, P.E. CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Avenue, Bldg. A Santa Ana, CA 92703 Subject: RFP NO. 24-028 Understanding Scope of Services National Safety Services Inc (NSSI) Understanding the Scope of Services under the City of Santa Ana Public Work RFP 24-028. NSSI conducts these tasks with multiple other agencies on a weekly basis. TRAINING All training classes are put into the NSSI Training calendar for ease of sharing with our customers. All Training classes are outlined in emails to the customers explaining class, size, location, duration (Hours or days). Subject of class. Any required reading, equipment, or physical requirements. All Training classes will have NSSI Sign -In Rosters for proof of employee in specific classes. After completion of class, NSSI will generate a certification for the student pertaining to that specific class. This certification will be digital and emailed to the company documented point of contact for safety / training classes. Students are not allowed to miss any portion of these classes. If the student misses' class, they will not receive a certification for that class. In specific cases, time may be made back up (Case by case basis). Any additional training needed will be conducted on a case -by -case basis. Some training may need to occur before a specific job starts to train, reinforce or refresh the employees. National Safety Services Current Training Services: • Confined Space Awareness • Confined Space Entry • Confined Space Entry Supervisor • Confined Space Rescue Refresher • Confined Space Rescue 24-hour • Confined Space Rescue 40-hour • Rope Rescue Technician Level I, II & III • Trench Awareness • Trench 8 hour • Trench Rescue 16 hours • HAZWOPER Awareness 5562 Research Dr, Unit B, Huntington Beach, CA 92629 4 NATIONAL SAFETY seRvices • 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-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, 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 • SPRTA Rope Access Level I,II & III INSPECTION All Inspection and compliance needs are also set into NSSI's Inspection / Compliance calendar. Completion of Annual, Quarterly or specific inspections are noted to the customer with location, time, equipment being inspected. All equipment inspected is documented as well as any findings that the customer needs to be made aware of. During Annual and quarterly inspections, all non -rechargeable batteries will be changed out. Findings will be emailed to the company point of contact of inspection and compliance. Any majors finding will be marked with a RED tag stating equipment is out of service. All digital inspection documents will be updated and emailed to the company point of contact. This includes compliance, inspection, Flow Testing, Industrial Tripods SRL's and Winch Inspections. National Safety Services Current Inspection Services: • Annual Equipment Inspection • Quarterly Equipment Inspection • Specific Equipment Inspection • Annual SCBA and Egress Pak Flow Testing and Inspection • Quarterly SCBA and Egress Pak Flow Testing and Inspection ■ Specific or Damaged SCBA and Egress Pak Flow Testing and Inspection • Annual Inspection for Tripods, Self -Retracting Lifelines (SRL's), Winch's, Yoyo's • Annual Inspection on Fall Protection Equipment (Harness, Lanyards, Anchor Straps, Ascending and Descending Equipment) Repair of any damaged Fall Protection Equipment (CMC, Skedco, Dbi Sala) 5562 Research Dr, Unit B, Huntington Beach, CA 92629 ())NATIONAL SAFETY SERVICES STAND-BY RESCUE SERVICES Stand-by Rescue Services are completed on a case -by -case basis. Most stand-by rescue jobs are unique, each site as well as each confined space entry are treated on an individual basis. Many factors come into play, size, shape, depth, capacity, type of work to be completed (welding, inspection, NDT, maintenance, painting, sand blasting). Hazardous in the space is another consideration (Low Oxygen, LEL's, Hydrogen Sulfide, Carbon Monoxide, Chlorine) dictate the potential use of ventilation and or breathing apparatus. Specialty jobs such as High Angle, Water Entries, Tunnel Entries over 100 lineal feet require specialized equipment and training National Safety Services Current Stand-by Rescue Services: • Confined Space Rescue • High Angle Rescue • Mine Rescue • Tunnel Rescue • Cal -OSHA Tunnel Rescue (General Tunnel Orders) • Standing Water Rescue • Swift Water Rescue • Underwater Rescue • Specialty Rescue Services • Level A HAZMAT Rescue Consulting Services National Safety Services offers many different consulting services. • Water Production Facilities — Confined Space, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training. • Wastewater Facilities - Confined Space, Sewer, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training. • Construction Companies - Confined Space, Sewer, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training. • Utility Companies - Confined Space, Sewer, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training. 5562 Research Dr, Unit B, Huntington Beach, CA 92629 4 NATIONAL SAFETY seRvices • Oil and Gas — (Up and Down Stream) Offshore, Confined Space, Sewer, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training. ■ Nuclear Facilities - Confined Space, Sewer, High Angle Rescue, Rope Access, Radiation, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training. • Agriculture Facilities — Engulfment, Confined Space, High Angle Rescue, Rope Access, Tunnel, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training. This document is Confidential. Please do not post this for public knowledge. Sincerely, Chuck Hudson President / Rescue Chief Disabled Veteran Business Enterprise (DVBE) Certification # 2035181 National Safety Services Inc. 5562 Research Drive, Unit B Huntington Beach, CA 9264 714.679.9118 cell chudson(@nsrsi.com www.nsrsi.com 5562 Research Dr, Unit B, Huntington Beach, CA 92629 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. National Safety Services Inc. 47-2934417 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO, 5562 Research Dr, Unit B Huntington Beach, CA 92649 BUSINESS ADDRESS STREET CITYISTATE ZIP CODE i2. X u Charles Hudson President/Rescue Chief SIGNATURE OF AUTHORIZED AGENT NAME (PRINT) TITLE chudson@nsrsi.com 714-679-9118 EMAIL ADDRESS PHONE NUMBER 1000038183 CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 21 APPENDIX CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING ATTACHMENT 3: PROPOSER'S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Desert Water Agency Contact Individual: Eddie Gonzalez Address: 1200 S. Gene Autry Trail phone Number: 760-323-4971 X-115 Palm Springs, CA 92264 Facsimile Number: Contract Amount: $50,000.00 Year: 2024 Description of supplies, equipment, or services provided: National SafetV Services provides Confined Space Enrty Trn, Confined Space Rescue Trn, HAZWOPER, Fit Testina, SCBA Training, Rescue Equipment compliance, Flow Test SCBA's, Annual EquipemtnTn`sp, Safety Consulting, Confined Space and Trench Consulting, Subject Matter Expert for Rescue. Reference Customer Name: Western Water Address: 14205 Meridian Parkwa Riverside, CA 92518 Contract Amount: $50,000.00 Description of supplies, equipment, or services provided: National Safety Services provides Confined Sp Contact Individual: James C:hatwin Phone Number: 909-251-5621 Facsimile Number: Year: 2024 Rescue Training, Qtrly Rescue Training, Qtrly Rescue Ecluipment Compliance, Annual Flow Test of SCBA's and Ska-Paks, SCBA and Ska-Pak Training, and -by Rescue Services, Safety Consulting, Confined Space Consulting, Subjecty Matter Expert for escue. Reference Customer Name: Helix Water District Contact Individual: Susen Doubrava Address: 1233 Vernon Way Phone Number: 619-504-1530 El Canon CA 92020 Facsimile Number: Contract Amount: $50,000.00 Year: 2024 Description of supplies, equipment, or services provided: City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 22 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING Tvno tAXt hor TvnP taxt hAr National Safety Services provides Confined Space Water Rescue Training, Confined Space WaterStand- by Rescue Services, Confined Space Rescue Training, Subject Matter Expert for Rescue. Reference Customer Name:City of Huntigton Beach Water Address: 7512 Garfield Avenue Huntington Beach, CA 92648 Contract Amount: $25,000.00 Contact Individual: Eric Wennekamp Phone Number: 714-722-1733 Facsimile Number: Year: 2024 Description of supplies, equipment, or services provided: NSSI provides, NFPA 70E Arc Flash Training, Fit Testing, SCBA and Ska-Pak Training, Medical Eval Ques, C;nnfinpd Spar P_ Ent T, Confined Space Rescue Training, Quarterly Rescue Training Fall Protection Trn, Stand-by Rescue Underwater Diving Services, Annual Equipment Compliance, SME for Rescue. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 23 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member a agent thereof to effectuate a collusive or sham bid. Note: The abov Nan -collusion Affidavit is part of the Proposal. BIDDERS are ca tion that maki g a false certification may subject the certifier to in prosecut'on Signed State of California County of A/ 4c Subscribed and sworn to (or affirmed) before me on this ZrjHda y of I'VIll y,—, 20?y, by C &S__ t40 So A/ , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me [� ublic Signature Notary Public Seal `; J E F F SCHWAR, L w Notary Pub1iC • CaIIfornla x " - Orange County r- Comm�ssion q 2409692 0.. _kk µy Comm. Expires +u1 24, 2026 City of Santa Aria RFP 24-028 Confined Space Rescue services and Safety Training Page 36 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. �/ Signed: f� 7(lad¢16-rL Title: President / Rescue Chief Firm: National Safety Services Inc. Date: 5/28/2024 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 37 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING Tvpe +--+ h„ NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 38 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7, The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: President / Rescue Chief Firm: National Safety Services Inc. Date: 5/28/2024 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 39 EXHIBIT C 4 NATIONAL SAFETY SERVICES City of Santa Ana RFP 24-028 - Fit Test and Fresh Air Training 5/28/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 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 will meet Cal-OSHA's annual Respiratory Protection standard with supplied certifications and Fit Testing cards. This will need to be set up for a one -day event. National Safety Services Training 1 Fit Test Quantitative Fit Test per mask Scott AV 3000 HT 20 $100.00 $2,000.00 2 SCBA-1 Scott SCBA and SKA-PAK Breathing Air Training 20 $250.00 $5,000.00 3 Medical Evaluation Questionnaire 20 $150.00 $3,000.0( $0.00 PE Tax $0.00 Total $7,000.00 TERMS: Net 30 days, Optional: If needed Medical Evaluation Questionnaire. Thank you, Chuck Hudson National Safety Services Inc. Disabled Veteran Business Enterprise 5562 Research Drive, Unit B Huntington Beach, CA 92649 Cell 714.679.9118 chudson@nsrsi.com 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES City of Santa Ana RFP 24-028 Training for Rope Rescue Technician 1/11 5/28/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 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, Rope Rescue Technician 1/11 Course at your location TBD. This class will cover NFPA 1006 Chapter 5 (Rope Rescue) Operations and Technician level Skills 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 NFPA 1006 Chapter 5 requirement to have employees trained as rope rescue technicians. National Safety Services Training 2 Rope Rescue 40 Initial Rope Rescue Tech Training 40 hour, 5 days) * $15,000.00 $30,000.00 Dates: TBD Location: TBD 2 Add Instr. Additional Instr. If needed $3,500.00 $7,000.00 Total $37,000.00 TFRMS- NET 30 *Note — If student counts are above 10 students in any 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 National Safety Services Inc. Disabled Veteran Business Enterprise 5562 Research Drive, Unit B Huntington Beach, CA 92649 Cell 714.679.9118 chudson@nsrsi.com 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES City of Santa Ana RFP 24-028 Cal -OSHA Fall Protection Training 5/28/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 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-OSHA's 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 Fall Pro Cal -OSHA Fall Protection Training 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 National Safety Services Inc. Disabled Veteran Business Enterprise 5562 Research Drive, Unit B Huntington Beach, CA 92649 Cell 714.679.9118 chudson@nsrsi.com 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES City of Santa Ana RFP 24-028 — 8-hour Confined Space Entry Course 5/28/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 National Safety Services (NSSI) will provide the below listed training to City of Santa Ana. NSSI will conduct 1 (one) 8-hour (1 day) Confined Space Entry course at your facility located at TBD on dates TBD. This class will cover Cal-OSHA's Title 8, §5157. Permit -Required Confined Spaces. The class will cover all requirements for Cal-OSHA's Title 8, §5157. Permit -Required Confined Spaces, descriptions, regulations, requirements, atmospheric monitoring, LOTO, ventilation, hot work permit process, attendant, entrant, and supervisor roles. This training will comply with Cal-OSHA's Title 8, §5156, §5157 and §5158 requirement to have employees trained as Confined Space certified employees. National Safety Services Training 1 Con Space 8 Confined Space Training 8 hours 1 day) $3,000.00 $3,000.00 Dates: TBD Total $3,000.00 TERMS: Net 30 days Thank you, Chuck Hudson National Safety Services Inc. Disabled Veteran Business Enterprise 5562 Research Drive, Unit B Huntington Beach, CA 92649 Cell 714.679.9118 chudson@nsrsi.com 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES City of Santa Ana RFP 24-028 Training for Confined Space Rescue 5/28/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 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) * $15,000.00 $30,000.00 Dates: TBD Location: TBD 2 Add Instr. Additional Instr. If needed $3,500.00 $7,000.00 Total $37,000.00 TFRMS- 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 National Safety Services Inc. Disabled Veteran Business Enterprise 5562 Research Drive, Unit B Huntington Beach, CA 92649 Cell 714.679.9118 chudson@nsrsi.com 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES City of Santa Ana RFP 24-028 - 24-hour HAZWOPER Training 5/28/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 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 4 days) $12,000.00 $12,000.00 Dates: TBD 3 days classroom, 1 day field Total $12,000.00 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 the training cost. Thank you, Chuck Hudson National Safety Services Inc. Disabled Veteran Business Enterprise 5562 Research Drive, Unit B Huntington Beach, CA 92649 Cell 714.679.9118 chudson@nsrsi.com 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES 5/28/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 City of Santa Ana RFP 24-028 Training and Technical Services 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 known 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 SOPS 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. 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES All services listed above except for training will be billed on a "Time and Materials Basis". 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 CO/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 Printer Ticker NSSI Roll GALAXY° GX2 4 ea. $84.00 $336.00 Yes NSSI Printer Ribbon M SA Ribbon, Zebra Printer GX430T for use 4 ea. $64.00 $256.00 Yes with GALAXY° GX2 NSSI Monitor Probe Filters MSA Water Stop Filter for Sample & Universal 4 ea. $95.00 $380.00 Yes 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 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 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 National Safety Services Inc. Disabled Veteran Business Enterprise 5562 Research Drive, Unit B Huntington Beach, CA 92649 Cell 714.679.9118 chudson@nsrsi.com 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES City of Santa Ana RFP 24-028 Annual and Quarterly Inspections for rescue equipment 5/28/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 National Safety Services (NSSI) will provide the below listed items to the City of Santa Ana — Public Works Agency. NSSI will provide the below listed quarterly and annual inspection and maintenance program for your confined space rescue van and equipment. This quote does not cover inspection of the Ford van or Onan generator. NSSI will assist the City of Santa Ana — Public Works Agency with a quarterly Inspection and Maintenance program. On the first month of every new quarter, NSSI will come to your facility to inspect the rescue van's contents. This inspection will cover all the contents on your rescue van (Scott equipment, CIVIC equipment, Fall Protection equipment, MSA monitors and associated equipment, Motorola Radios, and all other rescue related items). All findings will be documented in the City of Santa Ana's digital Master Inspection logs. Any out of services items will be tagged and submitted to The City of Santa Ana's supervisor in charge of the rescue van. This process will be an all -day process (8-10 hours minimum). If any items need to be refilled, replaced, or taken out of services, NSSI will communicate this with The City of Santa Ana's supervisor in charge of the rescue van to obtain permission and issue NSSI a new Purchase Order number (PO#) for the required equipment. NSSI will assist the City of Santa Ana with annual inspections of required equipment. This equipment will need to be tested at an approved facility and taken out of use while this process takes place. The below listed items will need this annual recertification: • Scott SCBA's — Need annual flow testing. • Scott Ska-Pak's — Need annual flow testing. • SRL's — Need annual inspection and recertification from a certified SRL technician. 5562 Research Drive, Unit B, Huntington Beach, CA 92649 4 NATIONAL SAFETY SERVICES Inspection and Maintenance Program — Q4 Annual Inspection — Flow Test Scott SCBA's and Insp/Maint SKA-PAK's, Conduct annual recertification on NSSI Program- Annual SRL's (winches)October — December 1 $15,000.00 $15,000.00 Insp/Maint Program- Inspection and Maintenance Program — NSSI Quarterly Q1 January — March 1 $5,000.00 $5,000.00 Insp/Maint Program- Inspection and Maintenance Program — NSSI Quarterly Q2 April —June 1 $5,000.00 $5,000.00 Insp/Maint Program- Inspection and Maintenance Program — NSSI Quarterly Q3 July —September 1 $5,000.00 $5,000.00 Rental of SRL's, Tripods or any rescue related equipment to keep The City of Santa Ana's Rescue Van in services during annual NSSI Rentals inspections of rescue equipment. (If needed*) 1 ea. $3,500.00 $3,500.00 Shipping $0.00 Tax $0.00 Total $33,500.00 Terms: Net 30 Chuck Hudson National Safety Services Inc. Disabled Veteran Business Enterprise 5562 Research Drive, Unit B Huntington Beach, CA 92649 Cell 714.679.9118 chudson@nsrsi.com 5562 Research Drive, Unit B, Huntington Beach, CA 92649 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. National Safety Services Inc. 47-2934417 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO, 5562 Research Dr, Unit B Huntington Beach, CA 92649 BUSINESS ADDRESS STREET CITY/STATE ZIP CODE X YY � Charles Hudson President/Rescue Chief SIGNATURE OF AUTHORIZED AGENT NAME (PRINT) TITLE chudson@nsrsi.com 714-679-9118 EMAIL ADDRESS PHONE NUMBER 1000038183 CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 21 EXHIBIT 3 AGREEMENT WITH ANCON SERVICES TO PROVIDE ON -CALL CONFINED SPACE RESCUE AND SAFETY TRAINING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21 st day of January, 2025 by and between Ancon Marine, Inc. DBA Ancon 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. On May 2, 2024 the City issued Request for Proposal ("RFP") No. 24-028, by which it sought qualified consultants to provide on -call confined space rescue and safety training services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-028. 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: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 24-028, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant's proposal, attached hereto as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide confined spaced rescue services and safety training on an on -call basis under RFP 24-028. The total compensation for these services provided by all such consultants selected under RFP 24-028 shall not exceed the shared aggregate amount of One Million, Two -Hundred and Fifty Thousand Dollars ($1,250,000) during the term of the Agreement, including any extension periods. Page 1 of 9 #447770v5 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 performance set forth in the Recitals which may reasonable be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a three (3) year term through January 20, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a written 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 1600, 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 form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR 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. Page 2 of 9 #447770v5 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 any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: Page 3 of 9 #447770v5 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Heidi Chou, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. Page 4 of 9 #447770v5 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: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims 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 other persons acting on its 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, 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. Page 5 of 9 #447770v5 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 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; 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 in any manner with performance of services specified under this Agreement. 13. 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. 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 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 is not embodied herein. Page 6 of 9 #447770v5 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 contractors retained by City. 16. 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(s) 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. 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 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. 18. 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. 19. 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 Page 7 of 9 #447770v5 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. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Ancon Services Attn: Lance Breedlove, General Manager 2735 Rose Avenue Signal Hill, CA, 90755 Mobile: (562) 595-3002 A party may change its address by giving notice in writing to the other party. 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 deemed to have been given twenty-four (24) hours after the time 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. Page 8 of 9 #447770v5 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: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B t�- K As RECOMMENDED FOR APPROVAL: Digitally signed by Nabil SabaNabil 2 Date: 2025025.01.06 13:45:18-08'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: Blake Ha din CEO Page 9 of 9 #447770v5 EXHIBIT A CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and proudly serves a population over 310,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System and has been proudly serving the community for 150 years. B. SAFETY CONSULTANT RESPONSIBILITIES The Consultant shall be responsible for providing confined space standby services during permit -required confined space (PRCS) entries performed by City Staff and/or by the City's Consultants and Contractors. The majority of PRCS entries will involve entry into appurtenance vaults containing pipelines, water reservoir tanks, culverts, excavations, trenches, and other such work sites. PRCS support services shall be required and requested on an as -needed basis. The Consultant shall have expertise in the following: • Confined space rescue • High angle/low angle retrieval performance tactics and methods • Confined Space attendance and supervisory role allocation • Trench Rescue • Hazard assessments • Rescue planning • Site and space evaluation/classification • Accountability and permit oversight (such as hot work and confined space permit requirements) • Atmospheric monitoring and ventilation • Offshore platform rescue • High angle stand-by rescue for elevated water tanks • Tactical planning procedures • Maintaining and inspecting air quality equipment • Water rescue The Consultant shall provide all labor, materials, services, and equipment necessary confined space rescue services and safety training. All services, equipment and materials provided by the Consultant must be in accordance with all applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope of the project at any time. All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and regulations. In addition, the Consultant must be able to respond to City's request for emergency repair work on a timely manner. Regular business hours are considered from 7.00 am to 5.00 pm (Monday City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 13 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING through Friday). C. SCOPE OF SERVICES The City and its Consultant/Contractor entrants will perform various PRCS activities, under emergency and non -emergency conditions, for the purpose of: • Draining and dewatering • Inspections, assessments, and evaluations • Rehabilitation, replacement, maintenance and repairs • Installation and repair of equipment • Maintenance and inspection of air quality equipment The Consultant's services shall include the following tasks: 1. SITE SAFETY ASSESSMENT AND MEETINGS The Consultant shall provide a two -person rescue team that shall actively participate in all pre -entry planning and coordination efforts, including but not limited to, attending project coordination meetings in the field to help plan and coordinate the execution of the proposed work. The Consultant's attendance at pre-planninglcoordination meetings are necessary for assessing known/unexpected site condition and preparing the contractor, consultant, and City staff for confined space entries. The two -person (potential entrant and attendant/supervisor) or more rescue team shall arrive at the designated worksite at least one (1) hour prior to PRCS entry to evaluate the site for potential hazards, establish appropriate anchors, set up rescue equipment, and meet with City staff to review all site hazards. This meeting must include all entrant(s). Depending on the nature of work, more than one rescue team or additional rescue personnel may be required at the designated work site. Once City entrants have entered a worksite, the distance, grade, and difficult access can limit and/or restrict the entry and exit of these spaces. The spatial constraints, fall hazards, and slippery conditions within the worksite can also limit freedom of movement and hinder a person's ability to exit the space in an emergency. Since the depths, dimensions, access points, atmospheres, and other worksite conditions often vary, each City PRCS entry will need to be evaluated on a case -by -case basis by the confined space entry rescue Consultant. When meeting with City staff, the Consultant will discuss, test, and confirm all methods of communication to be used during the entry. Radios will be used as a primary form of communication and vocal directions shall serve as a secondary alternative form of communication on a case -by -case basis. If the entrant may not remain in visual contact at all times, then an air horn, whistle, or alternate form of communication may City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 14 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING be used. A radio checks will be performed before entry to ensure the proper functioning of radios and the use of the correct channel. If hand signals are used, then the entrants, rescue team, and attendants will review the hand signals to be used. If an air horn is used, then all sound signals will be agreed upon by the entrants, rescue teams, and attendants before entry. The Consultant will discuss known and potential site hazards associated with the PRCS, safety, and fall protection equipment, review rescue plans with the entrants and attendants before entry, and any other relevant safety -related items. All safety and fall protection equipment shall be inspected by the Consultant following CAL/OSHA requirements before entry. The Consultant will consider potential rescue obstacles and discuss any necessary contingency plans to circumvent the obstacle(s). The Consultant will maintain regular contact with the attendant regarding conditions within the space and the location of the entrants. 2. CONFINED SPACE RESCUE SERVICES If a City employee is injured or unable to exit the space unassisted, the Consultant shall enter the space and conduct a rescue if conditions are safe for entry. The Consultant shall contact appropriate emergency personnel as needed. The Consultant shall be able to provide any necessary first aid and/or CPR for the injured entrant(s) if the conditions allow. The Consultant shall remove the injured entrant from the space as safely and expeditiously as conditions allow. If the entrant is uninjured but unable to exit due to being physically stuck in the space, the Consultant shall enter the space, extricate the entrant, and evaluate the condition that caused the entrant to become stuck. The condition shall be reported to the attendant to determine whether the entry should be aborted. The Consultant shall work with the City to designate a safe and accessible staging location for meeting emergency personnel (i.e., paramedics, fire department, and police). The Consultant shall be responsible for transporting any injured City employees to this staging area. If a rescue is performed or if an entrant(s) is injured, the Consultant and/or their supervisor shall provide the City with a written statement of the actions taken and the conditions that led to the rescue and/or injury. The written statement shall be submitted to the designated City Safety Coordinator and City Project Manager within eight (8) to twenty-four (24) hours of the incident depending upon the circumstance per CAL/OSHA and City requirements and regulations. If no rescue operations take place, the Consultant and/or their supervisor shall provide the City with a brief written summary of their activities at the entry site within three (3) calendar City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 15 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING days. 3. RESCUE SUPPORT EQUIPMENT The Consultant shall be responsible for providing all of the necessary rescue support equipment such as self-contained breathing apparatuses (SCBA's), floatable rescue stretcher/lifter, multi -gas meter, two sources of waterproof lighting, at least 300 feet of rescue line, cell phones for contacting emergency medical services (EMS), radios and/or air horn, waders and/or hip boots, floatation vests, hard hats, personal protective equipment, davit and/or retrieval equipment, and first aid kit, etc. Additional equipment may be needed depending on the worksite. In addition, the Consultant shall develop plans for rigging activities and rope support specific to ascending and descending elevated water towers above 100 feet. The Safety Consultant shall provide rope support and safety consulting services with detailed inspection prior and during rigging activities. The Consultant shall also be able to provide/procure City personnel with rope/harness and rigging equipment that meets or exceeds applicable safety standards upon request by the City. In the event equipment no longer meets safety standards required by applicable codes, the Consultant shall recommend approved resources to replace safety equipment. In addition, if the City desires additional miscellaneous protective safety equipment outside of the scope of services, the Consultant shall be able to procure and train City employees on aforementioned miscellaneous equipment. 4. SAFETY TRAINING SERVICES The Consultant shall provide rescue training services; this includes developing and delivering training and expertise to identify workplace hazards and controls as well as and assisting workers in gaining a greater understanding of safety awareness. Upon request by the City, the Consultant may be tasked with conducting safety inspections and investigations, assisting with developing training to contribute to the knowledge and skills required for workers to perform their work safely, and teaching employees awareness/understanding of workplace hazards including how to identify, report, and control the hazards. Annually and upon request, the City shall request the following training classes from the Consultant: 1. Fit Testing per City employee (including medical evaluation questionnaires) 2. SCBA and SKA-PAK Breathing Air Training 3. 40-hour Confined Space Rescue Service 4. 8-hour Cal -OSHA Confined Space Entry Course 8. Lift Station Air Quality Equipment Inspection Services 6. Elevated Tank Fall Protection and Retrieval Training City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 16 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7. Monthly Safety Training Services including but not limited to: (1) Electrical safety (2) Confined space training (3) Excavation/Trenching (4) Fail protection and retrieval (5) Lock-out/Tag-out (6) Construction site safety plans (7) Hazardous materials handling (8) Respirator protection (9) Aerial work (fall protection and retrieval) (10) Hot work and hot work permit requirements (11) Personnel protective equipment (PPE) requirements (12) Signage requirements (13) Ventilation techniques (14) Permitting requirements (15) Other OSHA required training for job -related hazards The specific training needs identified in the scope of work can be expected to include similar components as the training requirements identified above. All safety training needs will be discussed and coordinated with City staff prior to work authorization. 5. SAFETY EQUIPMENT INSPECTION AND MAINTENANCE SERVICES Upon request from the City, the Consultant shall offer inspection and maintenance services of safety equipment including but not limited to the following frequency: The Consultant shall provide quarterly inspection and evaluation of rescue equipment in the City's immediately Dangerous to Life or Health (IDLH) rescue vehicle to meet compliance with safety provisions and standards. The City's IDLH rescue vehicle includes SCBA's, SKA-PAK's, medical equipment, helmets and lights, ventilation, CMC rescue hardware, fall protection equipment, radios, atmospheric monitors, and miscellaneous equipment. 2. The consultant shall also provide annual inspection and evaluation services of SCBA's and SKA-PAK's air respirators as well as evaluation of self -retracting lines to meet compliance with safety standards. 3. The Consultant shall provide confined spaces training services annually in accordance with Title 8 CCR. 4. The Consultant shall provide annual inspection/maintenance of the City's air quality monitoring equipment at various stations. 5. The Consultant shall be responsible for training City staff on assessing Self - retracting line (SRL) equipment and ensuring equipment meets certification City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 17 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING standards (SRL annual certification and training services for ascending and descending potable water tanks taller than 100 feet). In the event any safety equipment does not meet standards, the Consultant shall recommend and provide replacements. In addition, the Consultant shall maintain a record of inspections and tests to ensure timely maintenance and quality of safety equipment and materials. Upon performing quarterly and annual inspections, the Consultant shall provide the official test results as well as inspection logs within thirty (30) days of inspection performance. C. CODE COMPLIANCE All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • National Fire Protection Agency (NFPA) • State Department of Industrial Safety (CAL/OSHA) • California Code of Regulations (CCR) • Local, State, and Federal Building Codes • City of Santa Ana Standards D. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long- term tasks if any. E. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. F. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 18 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. G. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor................................................................................................20 2) Materials..........................................................................................15 3) Equipment Rental............................................................................ 15 4) Other Items and Expenditures.......................................................... 15 H. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Consultant shall have a minimum of five (5) years of experience in the services described in ATTACHMENT 1: SCOPE OF SERVICES. 3. The Consultant shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. All rescue team members must have received previous training in atmospheric monitoring and ventilation, communication, emergency self -rescue, non -entry rescue operations, permit system, signs, first aid and CPR, lockoutltagout, fall protection, electrical safety, and respiratory protection. 5. The rescue team members must have received training in a simulated rescue operation within the 12 months previous to any rescue services performed for the City. 6. Provide all necessary equipment to competently perform and complete work as specified. 1. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 19 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING contractor's supervision is trained in the work practices necessary to safely perform his or her job. J. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. K. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section III.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section --- City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 20 EXHIBIT B ;2!7) m 4ANCON SPACE RESCUE SERVICE S AN -TI A A NUA M 0 &.: 241 U E DATE: J U N E 20, 2024 Q www.anconservices.com ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING TABLE OF CONTENTS TitlePage.................................................................... i Table of Contents......................................................... ii 1.6 STATEMENT OF OUALIFICATIONS 1.1 Cover Letter................................................................. iii 1.2 agreement Statement ................................................... 1 1.3 About Our Company . . . .......................-. -. -. -.-.......-........... 2 1.4 Firm and Team Experience . . . .......... ..... ... ...................... 1.5 Understanding Scope of Services .................................. 11 1.5-1 Outline Demonstrating Understanding of SOW....... 11 1.5.2 Approach .. . . ... ..................................................... 1 1.5.3 Ongoing Support ................................................. 16 1.5.4 Unique Value -Add Services . . . . .... ... . ...................... 17 1.6 Relevant Project Experience .......................................... 19 1.7 References (See Appendix A) 1.8 Fee Proposal (Uploaded as Separate Attachment) 2.6 CERTIFICATIONS (Uploaded as as Separate Attachment) 2.1 Non -Collusion Affidavit- .................................................. 1 2.2 Non -Lobbying Certification ................................... ......... 2 2-3 Non -Discrimination Certification .. ...................... .. .......... .6 APPENDICES Appendix A - References-.......................................................... 1 Appendix B - Resumes . . ........................................................ 4 R www.anconservices.com • ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING COVER LETTER June 20, 2024 City of Santa Ana - Public Works Agency 220 S. Daisy Avenue, Bldg A Santa Ana, CA 92701 Attn: Heidi Chou, P.E., Project Manager Tel: (714) 647-3571 E-Mail: hchou Santa-ana.or RE. RFP No. 24-028_Confined Space Rescue Service and Training Dear Ms. Chou, Ancon Marine (dba Ancon Services, or "Ancon" for short) is pleased to submit our proposal in response to the City of Santa Ana Public Works Agency's (hereinto referred to as the City) for the City's RFP No. 24-028 entitled Confined Space Rescue Service and Training. Ancon's Long Beach branch, located at 2735 Rose Avenue, Signal Hill, CA, (only :10 minutes from the City's service area), is ready and fully equipped to provide the City the highest level of service from our knowledgeable team of thirty-five (35) industry experts who comprise Ancon's "Diversified Compliance Solutions" (DCS) division. These individuals' are dedicated to the safe and thorough execution of confined space rescue by providing on -site emergency response, project stand-by, permitting, and training of confined space rescue. Ancon Services understands that, if chosen, our DCS team will be responsible for providing all labor, materials, services and equipment necessary to ensure the safety and success of the City's confined space operations during permit -required confined space (PRCS) entries performed by City staff, consultants, and contractors. Further, we understand that the majority of these PRCS entries will involve entry into appurtenance vaults containing pipelines, water reservoir tanks, culverts, excavations, trenches, and other such work sites. Ancon's DCS team is prepared to deliver these critical services on an as -needed basis, ensuring flexibility and responsiveness to City requirements. In our submittal you will read more about the DCS team approach that includes pre -entry assessments, on -site rescue stand-by, continuous monitoring, immediate emergency response as required, and our comprehensive training programs. Please note that Ancon's DCS division operates in full accordance with all local, State, and Federal rules and regulations, ensuring the highest standards of safety and compliance. Ancon Services is confident in our DCS ability to meet and exceed the City of Santa Ana's expectations for confined space rescue services and training. We look forward to the opportunity to partner with the City of Santa Ana Public Works Agency to enhance safety and confined space rescue service and training operations and efficiencies_ Sincerely, I&W�ee Z�,ae Lance Breedlove, DCS General Manager (sate Point of Contact to the City) 2735 Rose Avenue, Signal Hill, CA 90755 Mobile: (562) 595-3002 E-Mail: LanceB@AnconServices.com Q www.anconservices.com • 4fill LJOIR ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING AGREEMENT STATEMENT Ancon Marine, doing business as Ancon Services (Anton), and all its Divisions, including our Diversified Compliance Solutions (DCS) division, hereby affirm our agreement with the City of Santa Ana's Standard Agreement (sample), Scope of Work, Submittal Requirements, and Award Criteria as outlined in RFP No. 24-028 for Confined Space Rescue Service and Training. We understand and acknowledge the terms and conditions specified by the City, and we are committed to fulfilling all obligations and requirements to deliver exceptional confined space rescue services and training to ensure the safety and efficiency of the City's operations. Ancon Marine and its Divisions are dedicated to maintaining compliance with all local, state, and federal regulations and standards, and we look forward to the opportunity to collaborate with the City of Santa Ana. Respectfully, ee .?te_,, .ae Lance Breedlove, DCS General Manager Signal Hill Branch 2735 Rose Avenue Signal Hill, CA 90755 Mobile: (562) 595-3002 E-Mail. LanceB@AnconServices.com MA R www.anconservices.com • CITY OF SANTA ANA 4(flo� ANCON RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING ABOUT OUR COMPANY OUR VALUES 0 0 0 0 0 0 SAFETY FAMILY ACCOUNTABILITY LOYALTY HARD WORK PRIDE Our Mission To deliver superior service to our customers by rigorously working to improve our operational processes and tools, continuously grow our people's talent and skill sets, and ensure every project is carried out safely. Our Vision A family business with passionate employees who are united by shared values and guided by a desire to make Ancon the US market leader in Industrial, Utility, and Environ-mental Services. Company History Our company was founded in 1968 by Conrad Hardin. In the beginning,the company was largely focused around the Port of Los Angeles and Long Beach performing Waste Management and Emergency Spill Response services which are still at the core of our business today. As we started to clean tanks in the local terminals surrounding the port, opportunity steered us into the local refineries in the Los Angeles Basin. The introduction into the refinery market ultimately expanded our footprint by broadening our service lines,allowing Ancon to be relevant in manufacturing markets, geothermal facilities, nuclear plants,and much more. Our very first office located in Wilmington, CA. is still in operation today, now serving as our Marine Division's lay down yard. Since then we have expanded to twelve locations throughout the United States. Some of that expansion is attributed to our conservative organic growth and some of it through the acquisition of companies like Adler Industrial Services and Coastal Industrial Services. Today Ancon is still a family -owned business, operated by its 3rd generation of family members. We are understandably proud of what we and our team have accomplished not only surviving throughout the years but thriving. R www.anconservices.com CITY OF SANTA ANA C� ANCON RFP CONFINED SPACE RESCUEUE SERVICE &TRAINING COMPANY INFORMATION Division Name: DCS - Diversified Compliance Solutions Parent Company: Ancon Marine, dba Ancon Services Years in Business: 66 years COMPANY INTRODUCTION Ancon Services was founded in 1968. Throughout our 55 years in business, we have expanded our services to cover virtually all of our clients' industrial and environmental service needs. Our leadership in the industry has been cultivated through investing in our people, the latest technology, and most importantly our commitment to safety. Over the years we have amassed an impressive base of over 700 employees, some of which have been with us for over 40 years. These talented team members have assisted us in becoming the industry leaders in: • Tank Cleaning • Hydroblasting • Emergency Response • Vacuum Trucks • Dry Vacuum Truck • Water Treatment & Filtration • Sustainable Solutions • Sewer Jetting • CCTV Inspection • Waste Management/Transportation • Training / Consulting • Confined Space Rescue • Hydro Excavation • Waste Processing • Industrial Field Services • Wet Spoils Management • Manhole/Vault Services • Lab Packing At Ancon, we are continuously improving our processes, technologies, and procedures to support our customers with a seamless experience, managing ongoing maintenance accounts and single call -out projects. Our communication plans designate a single point of contact for each account to maintain consistent milestone documentation, reporting measures and conforms our process to each of our customers' administrative controls. Bonding Capacity Ancon certifies that we will qualify for an A grade or better through a reputable surety. Terminated Contracts Ancon has not had any primary or subcontracted services/projects that have been terminated or endured. MA R www.anconservices.com • 41f)l LJOP ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING BRANCH LOCATIONS Bakersfield 6717 Cherry Ave Bakersfield, CA. 93314 Chico 521 Cal Oak Road Oroville, CA 95965 UKA 1 10571 Los Alamitos Blvd, Los Alamitos, CA 90720 Dixon/Benicia 4808 E 2nd St, Benicia, CA. 94510 3867 Teal Ct Benicia, CA. 94510 Denver 4241 East 64th Avenue Commerce City, CO 80022 El Centro 6496 Brandt Road Suite B Calipatria, CA. 92233 Ferndale 6076 Portal Way #1, Ferndale, WA. 98248 Long Beach 2735 Rose Avenue Signal Hill, CA. 90745 Salt Lake City 8470 W Magna Main St. Magna, UT 84044 San Diego 875 Energy Way, Chula Vista, CA. 91911 DCS Div. Stockton (servicing 1015 W. Fyffe St., City) Stockton, CA. 95203 Oahu 91-446 Komohana Street Building B Unit E Kapolei, HI 96707 Phoenix 1777 N. 23rd Avenue Phoenix, AZ. 85009 Sacramento 570 Business Park Drive Victorville - SCLA 13313 Sabre Blvd Unit 1 Victorville, CA 92394 Wilmington - Eubank 1022 Eubank Ave. Wilmington, CA 90744 I R www.anconservices.com ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING SAFETY FIRST Safety Philosophy The training and education of Ancon personnel in all capacities is a crucial component of our overall EHS program and for achieving our mission's goals and expectations, as highlighted in our safety philosophy. Ancon corporately develops and delivers its EHS training programs by qualified and certified instructors within various areas of the Ancon management system's architecture. Additionally, Ancon will strategize with third -party administrators and subject matter experts to ensure the highest level of quality is acquired in regard to the education of its workforce. Each employee will receive comprehensive coursework and field oversight during his or her new -hire indoctrination. This process is tailored to the employee candidate's task -specific functions and to all the regulatory obligations governing their individual job description(s). Ancon has historically demonstrated a strong commitment to the growth and development of its people while ensuring that continued education, vocational enhancement, and refresher programs are consistently and effectively instituted. Our training efforts are closely monitored by an automated database platform, which is reviewed in real-time to determine the need for future refresher training and other specific training requirements. Below highlights the common courses delivered by our DCS Division, but not limited to: Injury Illness Protection Program (IIPP) Behavior Base Safety • Fall Protection - Slips, Trips, and Falls • Good Housekeeping Practices • Hearing Protection, Eye Protection, Foot Protection, Hand Protection Respiratory Protection / Respiratory Systems (Bottle Watch) Hot Work (Fire Watch) • Hazards of Confined Spaces — Employee Roles: Entrant, Attendant, Entry Supervisor and Emergency Rescue Roles • HAZCOM — GHS • Chemical Exposures — Basic Toxicology • Working in the Heat • Scaffold Safety • Site Health and Safety Plans - Emergency Action Planning • Waste Management — Bulk Liquid / Bulk Solid/ Drum Handling v R www.anconservices.com 41'fal LJOP ANC 1AFIRM AND TEAM EXPERIENCE THE DIFFERENCr BETWEEN GETTING IT DONE, AND GETTING IT DONE Ancon's DCS Division focuses on safety compliance services in four areas: Confined Space Rescue Our rescue teams are fully equipped and qualified to perform any horizontal or vertical rescue scenarios a companies may confront. Safety Professionals (EHS) We support you with a pre -qualified candidate pool to fill your Environmental Health and Safety or Person In Charge needs. Attendant Safety Watch We provide Attendant Safety Watch, Fire Watch, Bottle Watch, and Safety Overseers. Professional Permit Writers We provide professional and highly qualified permit writers with extensive experience. DCS rescue is your one -stop resource for experienced and trained safety professionals and services. DCS is a division of Ancon. We provide full -service professional Environmental, Health and Safe%y (EHS) technical field and safety compliance services. Our management staff collectively possess over 50 years of combined Environmental, Health, and Safety experience in the petrochemical, construction, general, and corporate industries. DCS Training/Certifications: • Confined Space Rescue Operations • OSHA 10 • OSHA 30 • Competent Fall Protection • Confined Space Technician • Hazardous Materials First Responder • Incident Command Systems • CPR/First Aid • Emergency Medical Technician • Respiratory Protection Since its inception, DCS aggressively pursues our mission to diversify our services and value add solutions to our clients. DCS Locations: Corporate — —os Alamitos, CA Dixon, CA El Centro, CA Sacramento, CA Signal Hill, CA Phoenix, AZ Centerville, UT Denver, CO Kapolei, HI Seminole, TX 41fal r Ueo, ANCON CITY OF SANTA ANA DCS DIVISION ORG CHART RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING Don Couch Chief Compliance Officer (Over 30 years) Lance Breedlove, GM Sole Point of Contact (Over 13 years) Wesley Carl Rescue Coordinator (Over 5 years) Rescue Leads (Pool of 7) Guy Brown (Training Manager) (Over 30 years) 71 --1 Training Leads (Pool of 3) Rescue Technicians (Pool of 30) Qwww.anconservices.com • 4fill LJOIR ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING DCS DIVISION INTRODUCTION TO TEAF Ancon's DCS Division is comprised of full -service safety professionals specializing in a broad range of on -site professional safety services. Headquartered in Signal Hill, our DCS professionals are only :10 minutes away from activities in the City of Santa Ana - ready to perform any/all projects utilizing two (2) and three (3) man team members consisting of a Supervisor, Specialist, and Project Manager that will enhance the City's Scope of Work both onsite and remotely. The DCS Division is comprised of thirty-five (35) Health & Safety professionals as follows: Chief Compliance Officer (1) General Manager (1) Coordinator (1) Rescue Leads (7) Resccue Technicians (30) All are cross -trained in multiple disciplines in order to cover all bases of any project and retain bench strength from the Branch. Rescue Technicians - DCS has a staff of over thirty (30) Rescue Techs that all have: All Hazard Technical Rescue (Low Angle / High Angle / IDLH Entry) Permit -Required Confined Space Management Rescue Planning Support On -Site Safety Oversight Qualifications/Certificates include: ➢ EMT, CPR/First Training ➢ 40-Hr State or Academy Certified Rescue Techs, Rescue Systems-1, Confined ➢ Operations ➢ HAZWOPER - First Responder Operations ➢ FF1 Certified - Over 2000 hours of Training and Education (Fire Academy Graduates) ➢ Ancon's Day One - Day Two Training (OSHA Compliance) ➢ Quarterly Training: Scenario Based Drills, Vertical and Horizontal Extrication MA R www.anconservices.com 41FI)i LJOIR ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING TEAM - PERCENT (%) TIME ALLOCATION TO PROJECT Project Manager Lance Breedlove 35% Rescue Coordinator(Wesley Carl 10% Training Manager(Guy Brown 20% Rescue Leads 20% Training Leads 15% Rescue Technicians 30% Ancon's DCS Division has more than three (3) dozen team members should the City have a special project that arises and warrants specialized skills. We are eager and ready to assist the City with our Diversified Compliance Solutions team and create lasting impacts that the City will be proud of and will set an example for other municipalities for years to come. Our team is enthusiastic and driven - and will continually strive to make sure we meet and exceed the City's expectations. In order to help us stay in alignment with the City goals - we propose a Check -in Meeting led by Corporate Chief of Compliance Don Couch on a quarterly basis after the initial start of service in order to assist Lance Breedlove, Project Manager and main POC to calibrate and re -calibrate our approach, making sure the City is 100% satisfied. DCS provides professional and highly qualified permit writers with extensive experience. As a one -stop resource for experienced and trained safety professionals and services - DCS is prepared to assist the City through over fifty (50) years of combined enviro- nmental, health, and safey experience. Staff Training Certifications: - Confined Space Rescue Operations - OSHA 10 - OSHA 30 - Competent Fall Protection - Confined Space Techician - Hazardous Materials First Responder - Incident Command Systems - CPR/First Aid - Emergency Medical Technician - Respiratory Protection MA R www.anconservices.com CITY OF SANTA ANA ANCON RFP CONFINED SPACE RESCUEUE SERVICE &TRAINING fill WE TRAIN OUR EMPLOYEES SO THEY CAN TRAIN YOURS Ancon's DCS Division is committed to keeping our customers and their locations safe through highly trained environmental professionals, continuous improvement, and consistent monitoring. DCS (Ancon's) Field Personnel, including Managers receive training in: • OSHA's29 CFR 1910.120 — Hazardous Waste Operations and Emergency Response Standard initial 40-hour and 24-hour trained along with 8-hour refreshers as required • Confined Space Entry • CPR/First Aid(Annually) • Respiratory Protection • Lead Awareness • DOT 126FTraining • Emergency Response Operations (Level C/D Training) Site Supervisors and Foremen receive additional training on: ➢ 10-Hour OSHA Competent Person Training ➢ OSHA Excavation and Trenching Safety ➢ OSHA 20 CFR 1910.120 Supervisor Training ➢ Supervisory Responsibilities ➢ Identifying and Handling Hazardous Materials Our DCS division provides an initial 40-hour training class to all personnel prior to assignment to any field projects involving hazardous materials. The course is designed to meet OSHA 29 CFR 1910.120 and U.S. EPA Orders 1440.2 and 1440.3 and Cal OSHA 8 CCR 5192. MA R www.anconservices.com • ��CITY OF SANTA ANA Cll ANCON R S UE S CONFINED SPACE RESCUE SERVICE &TRAINING UNDERSTANDING SCOPE OF SERVICES Introduction: Ancon's DCS division is dedicated to providing exceptional confined space rescue services and training to the City of Santa Ana. We fully understand the requirements outlined in RFP No. 24-028 and are committed to ensuring the safety and success of all PRCS operations conducted by the City and its partners. Our team is prepared to deliver these critical services with the highest level of professionalism and expertise. Further, we recognize the critical nature of confined space rescue and training and are committed to delivering high -quality, reliable confined space stand-by services during permit -required confined space (PRCS) entries to ensure the safety of City staff, City consultants, and City contractors. 0 U T L I N F 1. Provision of Confined Space Stand-by Services a. Ancon Services' DCS division will be responsible for providing confined space stand-by services during PRCS entries. b. Our team will be on -site to offer immediate rescue assistance in case of emergencies, ensuring compliance with OSHA regulations and industry best practices. 2. Types of Confined Spaces Covered We understand that the majority of PRCS entries will involve: a. Appurtenance Vaults: Areas housing pipelines, electrical equipment, and other utilities. b. Water Reservoir Tanks: Large tanks storing potable water or other types of water used by the city. c. Culverts: Structures allowing water to flow under roads, trails, or railways. d. Excavations and Trenches: Sites requiring significant digging and structural support. e. Other Work Sites: Various other confined spaces as defined by the city's operational needs. 3. As -Needed Support Services a. PRCS support services from our DCS division will be provided on an as -needed basis. b. We will maintain flexibility and responsiveness to accommodate the City's schedule and requirements, ensuring our team is available whenever required_ 4R www.anconservices.com • 41FI)i LJOIR ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING 4, Detailed Service Components a. Pre -Entry Assessment and Planning b. Conduct thorough hazard assessments before entry. c_ Develop and review rescue plans tailored to specific confined spaces. d. Ensure all safety equipment and personnel are prepared and positioned. 5. Rescue Stand-by and Monitoring a. Provide trained rescue personnel on -site during all PROS entries. b. Continuously monitor the confined space environment for hazardous conditions. c. Maintain clear communication with entry teams and site supervisors. 6. Emergency Response and Rescue Operations a. Implement immediate rescue operations in case of emergencies. b. Utilize specialized rescue equipment and techniques appropriate for confined spaces. c. Ensure the safety and well-being of all personnel involved. 7. Post -Entry Procedures a. Conduct debriefing sessions with entry teams. b. Review and document any incidents or near -misses. c. Provide feedback and recommendations for future PROS entries. 8. Training Services a. Confined Space Entry Training b. Offer comprehensive training programs for City staff and contractors. c. Cover essential topics such as hazard identification, entry procedures, and emergency response. 9. Rescue Techniques and Equipment Training a. Provide specialized training on the use of rescue equipment and techniques. h. Conduct hands-on exercises to ensure proficiency and confidence among participants. 10. Regulatory Compliance and Best Practices a. Ensure all training programs align with OSHA standards and industry best practices. b. Continuously update training materials to reflect the latest safety protocols and regulations. R www.anconservices.com • ��CITY OF SANTA ANA C` ANON R S UE S CONFINED SPACE RESCUE SERVICE &TRAINING 11. Commitment to Safety and Excellence— Guaranteed. 12. Qualified and Experienced Personnel a. Employ highly trained and certified confined space rescue professionals. b. Maintain ongoing training and certification programs to ensure the highest standards of safety. 13. State -of -the -Art Equipment a. Utilize advanced rescue equipment and technology. b. Regularly inspect and maintain all equipment to ensure readiness and reliability. 14 Continuous Improvement a. Implement a culture of continuous improvement and safety excellence. b. Regularly review and update our service protocols based on feedback and industry advancements. APPROACH TO SERVICES DCS is committed to providing exceptional confined space rescue services and training as outlined in RFP No. 24-028. Our comprehensive approach ensures safety and compliance for all permit -required confined space (PRCS) entries performed by City staff, consultants, and contractors. Understanding of Requirements DCS understands that the majority of PRCS entries will involve: • Appurtenance vaults containing pipelines • Water reservoir tanks • Culverts • Excavations • Trenches • Other similar work sites We recognize that PRCS support services will be required on an as -needed basis and will include a range of activities from confined space rescue to hazard assessments. R www.anconservices.com • 4fill LJOIR ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING DCS is prepared to provide all labor, materials, services, and equipment necessary for confined space rescue services and safety training. Our services encompass: 1. Confined Space Rescue ➢ High angle/low angle retrieval tactics and methods ➢ Confined space attendance and supervisory role allocation ➢ Trench rescue ➢ Hazard assessments ➢ Rescue planning ➢ Site and space evaluation/classification Accountability and permit oversight (including hot work and confined space permits) Y Atmospheric monitoring and ventilation ➢ Offshore platform rescue ➢ High angle stand-by rescue for elevated water tanks ➢ Tactical planning procedures ➢ Maintaining and inspecting air quality equipment ➢ Water rescue 2. Training Services ➢ Confined space entry and rescue techniques ➢ Safety awareness and hazard control training ➢ Annual and on -demand training sessions for City staff 3. Inspection and Maintenance Services ' Quarterly and annual inspections of rescue equipment and air quality monitoring devices Maintenance of safety equipment to ensure compliance with relevant standards Flexibility and Responsiveness We understand that the City reserves the right to modify the scope of the project at any time. DCS will remain flexible and responsive to accommodate any changes. Our DCS team will be available Monday through Friday, 0700-1700, to respond to the City's request for emergency repair work as needed. R www.anconservices.com • 41FI)i LJOIR ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING Detailed Tasks and Methodology 1. Site Safety Assessment and Meetings f A two -person rescue team will participate in all pre -entry planning and coordination efforts. / Arrive at the designated worksite at least one hour prior to PRCS entry to evaluate potential hazards, set up equipment, and meet with City staff. Discuss and confirm communication methods, safety protocols, and contingency plans. Regularly update and maintain communication with the attendant regarding conditions within the space. 2. Confined Space Rescue Services Provide immediate rescue operations if conditions are safe for entry. Administer first aid and CPR as needed. Transport injured personnel to designated staging areas for emergency services. Provide detailed written statements of rescue actions and conditions to the City Safety Coordinator and Project Manager 3. Rescue Support Equipment Supply all necessary rescue support equipment, including SCBAs, multi - gas meters, rescue lines, and personal protective equipment. Develop rigging and rope support plans for elevated water towers and other high -risk areas. Ensure all equipment meets or exceeds applicable safety standards. 4. Safety Training Services Offer comprehensive training programs, including fit testing, SCBA training, confined space rescue courses, and various OSHA -required training modules. f Coordinate and conduct safety inspections and investigations as requested by the City. 5. Safety Equipment Inspection and Maintenance Services Provide quarterly and annual inspections of rescue equipment and air quality monitors. Train City staff on equipment assessment and maintenance. f Maintain detailed records of inspections and tests, providing official results to the City within 30 days of performance. IR www.anconservices.com • ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING Commitment to Standards and Compliance All materials and workmanship will adhere to the latest editions and revisions of the following standards: • National Fire Protection Agency (NFPA) • State Department of Industrial Safety (CALIOSHA) • California Code of Regulations (CCR) • Local, State, and Federal Building Codes • City of Santa Ana Standards ONGOING SUPPORT Ancon Services is committed to providing continuous support to the City of Santa Ana to ensure the safety and efficiency of all permit -required confined space (PROS) operations. Our approach to ongoing support includes regular communication, scheduled maintenance, on - call availability, and continuous improvement. Regular Communication and Coordination Frequent Updates: We will maintain regular communication with City staff to provide updates on PRCS activities, equipment status, and any observed safety concerns. Monthly Coordination Meetings: Ancon will participate in monthly meetings with the City to review past operations, discuss upcoming projects, and address any issues or improvements. Real-time Reporting: Utilize digital platforms for real-time reporting and documentation of confined space entries, inspections, and maintenance activities. Scheduled Maintenance and Inspections Quarterly Inspections: Conduct quarterly inspections of rescue equipment and air quality monitors, ensuring all tools and devices are in optimal working condition. Annual Equipment Certification: Perform annual certification of SCBA's, SKA-PAK's, self -retracting lines, and other critical safety equipment. Proactive Maintenance: Implement a proactive maintenance schedule to address potential equipment failures before they occur, minimizing downtime and enhancing safety. On -Call Availability Emergency Response: Our DCS team will be available Monday through Friday, 0700- 1700, to respond promptly to any emergency repair work or urgent PRCS support requests from the City. 2417 Support Line: Provide a 2417 support line for after-hours emergencies, ensuring that Ancon Services can be reached at any time for critical situations. Rapid Deployment: Maintain a state of readiness to rapidly deploy rescue teams and equipment to any confined space incident or emergency within the City. 4 R www.anconservices.com011 ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING Continuous Improvement and Training Ongoing Training Programs: Offer regular training sessions for City staff to keep them updated on the latest confined space entry and rescue techniques, safety regulations, and best practices. Feedback and Evaluation: Continuously gather feedback from City personnel on our services and training programs to identify areas for improvement. Innovation and Updates: Stay abreast of industry advancements and integrate new technologies and methodologies into our service offerings to enhance safety and efficiency. Documentation and Compliance ■ Detailed Records: Maintain comprehensive records of all confined space entries, rescue operations, inspections, and maintenance activities. • Regulatory Compliance: Ensure ongoing compliance with all relevant local, state, and federal regulations, including CAL/OSHA and NFPA standards. • Audit Support: Provide support for any audits conducted by regulatory bodies or the City, supplying necessary documentation and reports. Customer Support and Consultation Dedicated Account Manager: Assign a dedicated account manager to act as the primary point of contact for all City of Santa Ana confined space service needs. Consultative Services: Offer consultative services to assist the City in planning and executing complex confined space projects, including risk assessments and safety strategy development. Technical Support: Provide technical support for troubleshooting and resolving any issues related to confined space entry and rescue equipment. UNIQUE VALUE —ADD SERVICES Ancon Services is dedicated to delivering exceptional confined space rescue services and training that go beyond the standard requirements. Our unique value -add services are designed to enhance safety, efficiency, and overall effectiveness of the City of Santa Ana's confined space operations. Advanced Technology Integration Real -Time Monitoring Systems: Implement real-time monitoring systems for confined space environments, providing continuous data on atmospheric conditions, personnel locations, and potential hazards. This enhances situational awareness and allows for immediate response to changing conditions. Wearable Safety Devices: Equip personnel with wearable safety devices that monitor vital signs and environmental factors, ensuring prompt detection of any distress signals or dangerous conditions. 4 R www.anconservices.com • CITY OF SANTA ANA f- ANCON R CONFINED SPACE RESCUE SERVICE &TRAINING Customizable Training Programs Scenario -Based Training: Develop and conduct scenario -based training sessions tailored to the specific confined space environments encountered by the City. This hands-on approach ensures that personnel are well -prepared for real -world situations. Virtual Reality [VR] Training Modules: Utilize VR technology to create immersive training experiences, allowing City staff to practice confined space entries and rescues in a safe and controlled virtual environment. Enhanced Emergency Preparedness Comprehensive Emergency Drills: Organize and execute comprehensive emergency drills, including multi -agency coordination, to test and improve the readiness of all involved parties for confined space incidents. Emergency Response Plan Development: Collaborate with the City to develop detailed emergency response plans that cover a wide range of potential scenarios, ensuring a structured and effective approach to emergency situations. Specialized Rescue Techniques Rope Access and Rescue: Offer specialized rope access and rescue techniques for challenging environments such as elevated water tanks and deep excavations, ensuring safe and efficient rescues in difficult -to -reach areas. Confined Space Robot Deployment: Utilize confined space robots equipped with cameras and sensors for initial hazard assessments and inspections, reducing the need for human entry in potentially dangerous conditions. Comprehensive Safety Audits and Consulting Safety Culture Assessment: Conduct thorough assessments of the City's safety culture, identifying strengths and areas for improvement, and providing recommendations for fostering a more robust safety environment. Regulatory Compliance Consulting: Offer expert consulting services to ensure full compliance with evolving local, state, and federal regulations, helping the City stay ahead of regulatory changes and avoid potential penalties. Environmental and Health Monitoring Long -Term Environmental Monitoring: Implement long-term environmental monitoring programs to track changes in confined space conditions over time, providing valuable data for proactive hazard management. Health and Wellness Programs: Develop health and wellness programs focused on the unique challenges faced by confined space workers, promoting overall well-being and reducing the risk of work -related health issues. MA (R www.anconservices.com$ 41FI)i Lk-J-39 ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING RELEVANT PROJECT EXPERIENCE Ancon Service's Diversified Compliance Solutions (DCS) division brings a wealth of experience from working with a diverse range of industries. Our expertise across various sectors ensures that we are well-equipped to handle the complex and unique challenges associated with confined space rescue services and training for the City of Santa Ana. Ancon Service's DCS division leverages this extensive project experience to provide the City of Santa Ana with reliable, effective, and comprehensive confined space rescue services and training. Our proven track record across these diverse industries demonstrates our capability to handle a wide array of confined space challenges, ensuring the highest standards of safety and efficiency. Below are key customers and industries in which our DCS division has significant project experience: Customer Served by DCS: • AES Power Generation • DTE Power Generation • Marathon Refining • Marathon Logistics, Pipelines and Terminals • Phillips 66 Refining • Chevron Pipeline • California Resources Corporation • Arkema Chemical • Underground Construction Co. • CertainTeed NOTE: Completed Reference Form in Appendix A. • Crescenta Valley Water District • Plains All American M i I ler-Coors • Port of Long Beach • Port of Los Angeles • Primoris Services Corp. — ARB • World Energy • Scottsdale, AZ Public Works • Murray Company • Harder Mechanical Contractors 4 R www.anconservices.com I 4fill LJOIR ANCON CITY OF SANTA ANA RFP 24-028 CONFINED SPACE RESCUE SERVICE & TRAINING APPENDIX B - DCS KEY PERSONNEL RESUMES [This Area Intentionally Left Blank.] Q www.anconservices.com • �,�pNCON Don Couch, MSL, CECM, REPA Chief Compliance Officer/ Incident Commander O (310) 237-5611 u DonC@AnconServices.com Professional Qualifications Mr. Couch has over 30 years of combined industrial experience. Mr. Couch has maintained numerous compliance positions within the environmental petrochemical/energy industries at various capacities including: Safety Technician, Site Safety Officer, Instruction and Program Development, Risk Management Specialist/Auditor, Training Manager, Director of Compliance and most recently Chief Compliance Officer. His responsibilities have consisted of managing all elements of compliance programs, ensuring strict adherence to all local, state, and federal regulatory agencies sanctioning company work activities. Mr. Couch has provided technical assistance in support of project planning and execution, budgeting, environmental contingency and emergency response planning, field technical services and project/account management. Furthermore, Mr. Couch has served as a PCF-Firefighter with the Orange County Fire Authority; whereby, he provided nine years of service as a FF-EMT. Education California Southern University School of Law School — Master of Science in Law (MSL) University of Phoenix — Bachelor of Science Degree (BSBM/ADM) University California at Irvine — Industrial Hygiene Coursework - Vocational Enhancement Credentials/Certifications • Columbia Southern University - Certified Environmental Compliance Manager (CECM) • Cert. # 5674 • National Registry of Environmental Professionals -Registered Environmental Property Assessor (REPA) Registration # REPA 260540 • 40 Hours Hazardous Waste Operations Emergency Response -Instructor • 24 Hour First Responder Operational for Hazardous Material Releases. (CSTI Curriculum) • DOT Safety Coordinator Certified • OSHA Excavation and Shoring Competent Person • State of California -Emergency Medical Technician (EMT) • Red Cross First Aid/CPR Instructor • DHS Trained — Lead Abatement — Project Monitoring • AHERA Trained Asbestos Abatement — Project Monitoring • Worker's Compensation Coordinator • 3M Respiratory Protection Instructor • Survivair Respiratory Protection Instructor • Refinery Safety Overview Instructor • Permit Required Confined Space Operations Instructor �,�pNCON Credentials/Certifications Cont'd • Certified Forklift Instructor • Competent Person - Scaffolding Professional Affiliations • National Safety Council Member • American Red Cross • Long Beach Police Officers Association • National Fire Protection Agency Specific Relevant Experience Includes: Mr. Couch's experience has included supporting all the corporate needs and requirements pertaining to employer regulatory obligations. Specifically, he has managed company air quality management, waste management, medical surveillance, training, DOT, OSHA and other governmental programs. Mr. Couch pioneered the Diversified Compliance Solutions (DCS) business unit within the Ancon Group of Companies, which generates approximately 5 million in annual revenues while servicing industry with safety advisors, confined space rescue teams, attendant safety watch/fire watch personnel, ROW clearing and pipeline inspectors. As an extension to his Directorship duties, he's responsible for the ongoing management of daily operations and the cost infrastructure pertaining to the DCS operations. Mr. Couch currently manages a staff of compliance professionals within his department exceeding 13 personnel and a staff of 25 within the DCS business unit. Mr. Couch has performed multiple long-term projects respecting management of safety and health. Such responsibilities included overseeing the safety and health of all personnel engaged in company tasks, such as large-scale remediation activities, environmental/safety mitigating efforts and hazardous material/waste handling projects. Moreover, Mr. Couch has managed daily activities of project personnel, developed all necessary safety and health plans, executed detailed work approaches and managed industrial service groups relating to upstream, midstream, downstream petroleum facility, major capital projects, turnarounds and outages. e�pNCON Guy S. Brown — Training Manager G +1 (714) 337-4318 Z GuyB(a)Ancon Services. corn Professional Qualifications: • Over 30 years of Professional All Risk California Fire Service • Owner, West Coast Rescue Training Resources; Safety, Rescue, Consulting, Research, Needs Assessments • Subject matter expert in instruction of Urban Search and Rescue, Fall Protection, Confined Space Equipment and Procedures, Building Collapse, Rope Rescue, Trench Rescue, Incident Action Plans, Disaster Response Safety Equipment, and OSHA Regulatory Standards • Author of disaster/safety plans for Corporations and Cities throughout the USA, India, and Ukraine • Author of disaster/safety annexes, disaster manuals, professional articles, ICS Incident Action Plans • State of California Fire Marshals Office Senior Instructor, certifying students for many safeties disciplines • State of California Emergency Medical Services Authority, EMT -Paramedic since 1993 • Federal Emergency Management Agency All Risk Incident Safety Officer • CERT - Community Emergency Response Team Instructor- safety, disaster related community support • Presenter/Speaker Multiple National and International conferences, seminars, and workshops Honors and Acknowledgements: 09/17 Firefighter of the Year/Fire Chief's Coin Presented, Garden Grove Fire 02/15 Police Chief's Coin of Commendation, Garden Grove Police Department 09/07 Military Medal of Commendation, Ukraine Ministry of Emergency 09/06 Saver of Life Commendation, Ukraine Ministry of Emergency 08/04 Military Medal of Commendation, State of California Air National Guard 11/01 Firefighter of the Year, Orange County Fire Chiefs Association 02/01 National Instructor of the Year, Ed Bent Award, Fire Rescue West, San Jose, CA 1985 / 1987 Certificate of Bravery, Long Beach Fire Department Education & Certifications: • Fire Technology, Santa Ana College, Santa Ana, CA, core courses and 68t" Basic Fire Academy • State of California Paramedic, Saddleback College, Mission Viejo, CA �� pNCON California State Fire Marshal Office Certifications • Firefighter I, • Firefighter II • Fire Officer Urban Search and Rescue Certifications California State Fire Marshal Office Certification to Instruct and Issue Certificates to Students, Instructor since 1990 • Rescue Systems I. Basic Rescue Systems including Ropes, Building Shoring, Lifting and Moving Heavy Objects and Breaching. • Rescue Systems II. Advanced Rescue Systems including Building Shoring Interior and Exterior, Tools and Equipment Brands include Makita, Milwaukee, DeWalt. • Confined Space Rescue Awareness and Technician. including fall protection, lockout tagout, air monitoring, ventilation, personal protective equipment, respiratory protection, OSHA regulations, medical signs and symptoms in confined spaces, rope rescue techniques of vertical and horizontal applications. • Emergency Trench Rescue Shoring. Rescue Systems and building shores with wood, ladders, pneumatic. • Swift Water Technician. Rescue Systems include rope rescue on a river, pond, or lake. • Apparatus Driver/Operator IA and IB. initial and instructor courses of driving and pumping Fire Apparatus. • Fire Investigator. IA, IB, IC, IIA, IIB, IIC • Auto Extrication • Standardized Emergency Management System / National Incident Management System / Incident Command System • Journeyman Carpenter Expertise: Waste Minimization ES&G I Sustainability I Recycling I Beneficial Reuse Environmental Compliance Custom Waste Solutions ROFESSIONAL AND TRADE MAGAZINES AUTHORED • Brown, G.S. Heavy Lift: Recovery of worker's body trapped by heavy steel plates, Technical Rescue, Fall 2007, Issue 49, p 26 • Brown, G.S. Trench Rescue: A first -in engine or truck company (awaiting US&R team) view, Technical Rescue, Winter 06, Issue 48, p16 • Brown, G.S. Growing Training for Growing Needs: The North Net Fire Training Center. Fire Engineering, Marl997, Vol. 150, Issue 3, p132 e�pNCON FIRE SERVICE AND SAFETY MANUALS AUTHORED • Co -Author, California State Fire Marshal Office, Division of Training; Confined Space Rescue Operational Manual 1 St edition. • Contributing Advisor, Trench Rescue Technician Manual, California Mountain Company, CMC Rescue • California State Emergency Medical Services Authority Mission Support Manual for Disasters. • Author, City of Garden Grove Fire Department, Technical Rescue Manual. • Co -Author, County of Orange Fire Service, Standard Operational Annex: Technical Rescue and Confined Space Rescue. • Numerous After -Action Reports, Event Action Plans, Incident Action Plans, local, state, and federal levels CREDENTIALS • United States Passport • Transportation Security Administration — pre -check approved • California State Emergency Medical Services Authority Paramedic License • California State Driver License — Fire Apparatus Endorsement • Department of Transportation Security Administration — (TWIC) Transportation Worker Identification Card. OTHER POSITIONS HELD Fire Apparatus Engineer/Paramedic Owner, Principle Rescue Instructor/Consultant Principle Rescue Instructor FEMA Building Collapse and Emergency Building Shoring, Rescue Specialist Medical Leader FEMA/NDMS Senior Instructor Operations Chief / Principle Consultant Co -Author Plans Section Chief, Event Action Plan Developer Deputy Plans Section Chief Operations Chief/Principle Planner Project Coordinator Incident Command System, Medical Group Supervisor Incident Management Support Team Rescue Instructor/Rescue Program Co -Developer Technical Rescue Coordinator Fire Captain e�pNCON Lance Breedlove — General Manager - Sole Point of Contact (Project Manager) Or +1 (562) 595-3002 z' LanceB@AnconServices.com Professional Qualifications: Accomplished General Manager. 13+ years in the Environmental industry. Experienced leader in managing Confined Space Rescue Teams and Safety Specialists. Demonstrates exceptional skills in project management, problem solving, and leadership to drive organizational success. Develops and maintains great relationships with customers. Committed to continuous improvement and innovation to achieve long-term business goals. Has led the division to continuous growth over the past 10 years with Safety being the number one priority. Zero OSHA recordables within the DCS division under his leadership. Education: Bachelor's Degree — Purdue University — Organizational Leadership and Supervision Certifications / Training: CPR / First Aid OSHA 30 API TES — Tank Entry Supervisor Expertise: Confined Space Management Safety Project Managment Problem Solving Specific Relevant Project Experience: Confined Space Safety Oversight Account Management �� pNCON Wesley Carl — Rescue Coordinator 0 +1 (818) 903-7951 u wesleyc(a-)-AnconServices.com Professional Qualifications: Accomplished Confined Space Rescue Technician/Supervisor. 5+ years in the Energy industry. Experienced Rescue Supervisor with proven record of performing a variety of duties in fast paced, high profile confined space rescue programs. Excellent oral and written skills with meticulous attention to detail. Excels at operational leadership, building teams, and executing safe projects for customers. Able to build exceptional relationships with customers and team members, subcontractors, vendors, and business partners. Wesley's years of experience in the energy industry and extensive training in fire + rescue, confined space and emergency medicine make him an excellent leader when working in any hazardous or potential emergency situation. Education: High School Diploma Fire Academy EMT school Certifications / Training: VERDUGO FIRE ACADEMY— CERTIFICATIONS EARNED: Confined Space Rescue Technician Confined Space Rescue Awareness Rescue Systems 1 Hazardous Materials — First Responder Fire control 4 — Oil and Gas Firefighting Fire control 3B — Structural Firefighting Low Angle Rope Rescue Operational Firefighter Survival Rapid Intervention Crew Operations Auto Extrication S-134 L.C.E.S Wildland Fire Qualification S-190 Introduction to Wildland Fire Behavior S-33 Look Up — Look Down — Look Around Work Capacity Test — Wildland Fire CPR & First Aid Confined Space Entry Hazardous Waste Management Emergency Response OSHA 30 General Industry e�pNCON Expertise: Confined Space Entry Confined Space Rescue Emergency Response Safety Specific Relevant Project Experience: • Successful Evaluation of Rescue Skills and Leadership • Customer Retention • Providing Life Saving Services in Emergency Situation • Logistics/Scheduling in both planned and emergency situations. APPENDIX A - REFERENCES APPENDIX CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING ATTACHMENT 3: PROPOSER'S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: California Resource Corporation Contact Individual: Address: 1 World Trade Center, Ste 1500 Long Beach, CA 90831 Contract Amount: Phone Number Facsimile Number: Drew Kroner 562-760-6738 Year: 2010-Present Description of supplies, equipment, or services provided: Confined Space Rescue for all Tanks, Vessels, Trenches, and Vaults. Reference Customer Name: L.A. County Museum of Arts Contact Individual: Kelvin Vasquez Address: 5905 Wilshire Blvd Phone Number: 213-212-1608 Los Angeles, CA 90036 Contract Amount: Facsimile Number: Year: 2023-Present Description of supplies, equipment, or services provided: Standby Confined Space Rescue, Confined Space Management, Safety Oversight during construction of the new LACMA Facility. Reference Customer Name: Port of Los Angeles Address: 2501 Cherry Ave Ste 160 Signal Hill, CA 90755 Contract Amount: Contact Individual: Phone Number: Facsimile Number: Rita Brenner 562-756-1136 Year: 2012-Present Description of supplies, equipment, or services provided: Standby Confined Space Rescue for all PRCS. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 22 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING Reference Customer Name Environmental Construction Group Contact Individual: Phillip French Address: San Diego International Airport Phone Number: 562-270-1472 N. Harbor Dr, San Diego, CA 92101 Facsimile Number Contract Amount: Year: 2023 Description of supplies, equipment, or services provided: Standby Confined Space Rescue during maintenance at the San Diego Airport. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 23 2 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 18th day of June , 2024, by ']Q ca proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal LISA MARIE FEE Notary Public - California Los Angeles County Commission it 2371753 0..' Comm. ExWres k.R 21. 2i25 1 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 36 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: `--;W L�' Title: SVP, Commercial Operations Firm: Ancon Marine (dba Ancon Services) Date: 06/18/2024 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 37 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 38 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: SVP, Commercial Operations Firm: Ancon Marine (dba Ancon Services) Date: June 18, 2024 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 39 EXHIBIT C ANCON DIVERSIFIED COMPLIANCE SOLUTIONS RE-E-FETY-IN--ION SPECIALTY FI ELDSERVICES RE: City of Santa Ana - Confined Space Rescue / Training RATES ARE "' L INCLUSA — PREVAILING WAGE COMPLIANT; NO ADDITIONAL EQUIPMENT, VEHICLES, SUPPLIES/MATERIALS... CHARGES WILL BE BILLED. Description Rate/HR OT DT Rescue Technician Rescue Technician - Class One $105.00 $141.75 $165.00 Two (2) Man Team $210.00 $283.50 $330.00 Three (3) Man Team $315.00 $425.25 $495.00 Project Manager $ 0.00 $ 0.00 $ 0.00 Rescue Instructor $ 115.00 $155.25 $250.00 Clarifications 1. Any hours worded after 8 worked hours will be charged at overtime rate.(M-F) 2. Any hours worked after 12 worked hours will be charged at double time rate. (M-F) 3. Pricing is portal to portal. 4. Ancon's payment terms are net 30 days from job completion. 5. City of Santa Ana will be responsible for providing Ancon with a PO prior to the start of work. 6. Any delays not caused by Ancon or a change in the scope will be charged at T&M rates. 7. Saturday will be charged at OT rate for the first 12 hours. DT rate for any hours after 12. 8. Sunday will be charged at OT rate for the first 8 hours. DT rate for any hours after that. 9. 4-hour minimum charge The above rates are all inclusive and include a comprehensive rescue assessment/ technical rescue equipment, SCBA's, trauma kit, 4-gas meter, vehicle, fuel and communication by a two or three -person crew. The assigned crew will perform job site assessments alongside you and your team in order to obtain a thorough understanding of the scope of work to be performed. Rescue plans will be devised based upon a thorough assessment of the entry location and the tactical approaches will be implemented preceding entry functions. Regards, Lance Breedlove ANCONDCS Operations Manager, '+v of Santa Ana Main POC SERVICE SINCE 1966 22707 S Wilmington Ave, Carson, CA 90745 INDUSTRIAL SERVICES �10 Cell: (562) 595-3002 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO, BUSINESS ADDRESS STREET CITY/STATE ZIP CODE X SIGNATURE OF AUTHORIZED AGENT NAME (PRINT) TITLE EMAIL ADDRESS PHONE NUMBER CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 21 EXHIBIT 4 AGREEMENT WITH PRO SAFETY & RESCUE, INC. TO PROVIDE ON -CALL CONFINED SPACE RESCUE AND SAFETY TRAINING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21 st day of January, 2025 by and between Pro Safety & Rescue, Inc. ("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. On May 2, 2024 the City issued Request for Proposal ("RFP") No. 24-028, by which it sought qualified consultants to provide on -call confined space rescue and safety training services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-028. 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: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 24-028, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant's proposal, attached hereto as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide confined spaced rescue services and safety training on an on -call basis under RFP 24-028. The total compensation for these services provided by all such consultants selected under RFP 24-028 shall not exceed the shared aggregate amount of One Million, Two -Hundred and Fifty Thousand Dollars ($1,250,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of Page 1 of 9 #447782v3 proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonable be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a three (3) year term through January 20, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a written 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 1600, 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 form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR 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 Page 2 of 9 #447782v3 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 any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Page 3 of 9 #447782v3 Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Heidi Chou, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. Page 4 of 9 #447782v3 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: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims 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 other persons acting on its 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, 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. Page 5 of 9 #447782v3 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 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; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; 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 in any manner with performance of services specified under this Agreement. 13. 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. 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 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 is not embodied herein. Page 6 of 9 #447782v3 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 contractors retained by City. 16. 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(s) 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. 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 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. 18. 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. 19. 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 Page 7 of 9 #447782v3 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. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Pro Safety & Rescue, Inc. Attn: Jessie Pierce, Vice President 3700 Pegasus Drive, Suite 200 Bakersfield, CA, 93308 Tel: (661) 706-0298 A party may change its address by giving notice in writing to the other party. 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 deemed to have been given twenty-four (24) hours after the time 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. Page 8 of 9 #447782v3 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: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO RECOMMENDED FOR APPROVAL: Digitally signed by Saba N a b i l S d �h ✓ d Da ell 2025.01.06 13:48:34-08'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: J ssie Pierce Vice President Page 9 of 9 #447782v3 EXHIBIT A CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and proudly serves a population over 310,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System and has been proudly serving the community for 150 years. B. SAFETY CONSULTANT RESPONSIBILITIES The Consultant shall be responsible for providing confined space standby services during permit -required confined space (PRCS) entries performed by City Staff and/or by the City's Consultants and Contractors. The majority of PRCS entries will involve entry into appurtenance vaults containing pipelines, water reservoir tanks, culverts, excavations, trenches, and other such work sites. PRCS support services shall be required and requested on an as -needed basis. The Consultant shall have expertise in the following: • Confined space rescue • High angle/low angle retrieval performance tactics and methods • Confined Space attendance and supervisory role allocation • Trench Rescue • Hazard assessments • Rescue planning • Site and space evaluation/classification • Accountability and permit oversight (such as hot work and confined space permit requirements) • Atmospheric monitoring and ventilation • Offshore platform rescue • High angle stand-by rescue for elevated water tanks • Tactical planning procedures • Maintaining and inspecting air quality equipment • Water rescue The Consultant shall provide all labor, materials, services, and equipment necessary confined space rescue services and safety training. All services, equipment and materials provided by the Consultant must be in accordance with all applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope of the project at any time. All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and regulations. In addition, the Consultant must be able to respond to City's request for emergency repair work on a timely manner. Regular business hours are considered from 7.00 am to 5.00 pm (Monday City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 13 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING through Friday). C. SCOPE OF SERVICES The City and its Consultant/Contractor entrants will perform various PRCS activities, under emergency and non -emergency conditions, for the purpose of: • Draining and dewatering • Inspections, assessments, and evaluations • Rehabilitation, replacement, maintenance and repairs • Installation and repair of equipment • Maintenance and inspection of air quality equipment The Consultant's services shall include the following tasks: 1. SITE SAFETY ASSESSMENT AND MEETINGS The Consultant shall provide a two -person rescue team that shall actively participate in all pre -entry planning and coordination efforts, including but not limited to, attending project coordination meetings in the field to help plan and coordinate the execution of the proposed work. The Consultant's attendance at pre-planninglcoordination meetings are necessary for assessing known/unexpected site condition and preparing the contractor, consultant, and City staff for confined space entries. The two -person (potential entrant and attendant/supervisor) or more rescue team shall arrive at the designated worksite at least one (1) hour prior to PRCS entry to evaluate the site for potential hazards, establish appropriate anchors, set up rescue equipment, and meet with City staff to review all site hazards. This meeting must include all entrant(s). Depending on the nature of work, more than one rescue team or additional rescue personnel may be required at the designated work site. Once City entrants have entered a worksite, the distance, grade, and difficult access can limit and/or restrict the entry and exit of these spaces. The spatial constraints, fall hazards, and slippery conditions within the worksite can also limit freedom of movement and hinder a person's ability to exit the space in an emergency. Since the depths, dimensions, access points, atmospheres, and other worksite conditions often vary, each City PRCS entry will need to be evaluated on a case -by -case basis by the confined space entry rescue Consultant. When meeting with City staff, the Consultant will discuss, test, and confirm all methods of communication to be used during the entry. Radios will be used as a primary form of communication and vocal directions shall serve as a secondary alternative form of communication on a case -by -case basis. If the entrant may not remain in visual contact at all times, then an air horn, whistle, or alternate form of communication may City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 14 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING be used. A radio checks will be performed before entry to ensure the proper functioning of radios and the use of the correct channel. If hand signals are used, then the entrants, rescue team, and attendants will review the hand signals to be used. If an air horn is used, then all sound signals will be agreed upon by the entrants, rescue teams, and attendants before entry. The Consultant will discuss known and potential site hazards associated with the PRCS, safety, and fall protection equipment, review rescue plans with the entrants and attendants before entry, and any other relevant safety -related items. All safety and fall protection equipment shall be inspected by the Consultant following CAL/OSHA requirements before entry. The Consultant will consider potential rescue obstacles and discuss any necessary contingency plans to circumvent the obstacle(s). The Consultant will maintain regular contact with the attendant regarding conditions within the space and the location of the entrants. 2. CONFINED SPACE RESCUE SERVICES If a City employee is injured or unable to exit the space unassisted, the Consultant shall enter the space and conduct a rescue if conditions are safe for entry. The Consultant shall contact appropriate emergency personnel as needed. The Consultant shall be able to provide any necessary first aid and/or CPR for the injured entrant(s) if the conditions allow. The Consultant shall remove the injured entrant from the space as safely and expeditiously as conditions allow. If the entrant is uninjured but unable to exit due to being physically stuck in the space, the Consultant shall enter the space, extricate the entrant, and evaluate the condition that caused the entrant to become stuck. The condition shall be reported to the attendant to determine whether the entry should be aborted. The Consultant shall work with the City to designate a safe and accessible staging location for meeting emergency personnel (i.e., paramedics, fire department, and police). The Consultant shall be responsible for transporting any injured City employees to this staging area. If a rescue is performed or if an entrant(s) is injured, the Consultant and/or their supervisor shall provide the City with a written statement of the actions taken and the conditions that led to the rescue and/or injury. The written statement shall be submitted to the designated City Safety Coordinator and City Project Manager within eight (8) to twenty-four (24) hours of the incident depending upon the circumstance per CAL/OSHA and City requirements and regulations. If no rescue operations take place, the Consultant and/or their supervisor shall provide the City with a brief written summary of their activities at the entry site within three (3) calendar City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 15 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING days. 3. RESCUE SUPPORT EQUIPMENT The Consultant shall be responsible for providing all of the necessary rescue support equipment such as self-contained breathing apparatuses (SCBA's), floatable rescue stretcher/lifter, multi -gas meter, two sources of waterproof lighting, at least 300 feet of rescue line, cell phones for contacting emergency medical services (EMS), radios and/or air horn, waders and/or hip boots, floatation vests, hard hats, personal protective equipment, davit and/or retrieval equipment, and first aid kit, etc. Additional equipment may be needed depending on the worksite. In addition, the Consultant shall develop plans for rigging activities and rope support specific to ascending and descending elevated water towers above 100 feet. The Safety Consultant shall provide rope support and safety consulting services with detailed inspection prior and during rigging activities. The Consultant shall also be able to provide/procure City personnel with rope/harness and rigging equipment that meets or exceeds applicable safety standards upon request by the City. In the event equipment no longer meets safety standards required by applicable codes, the Consultant shall recommend approved resources to replace safety equipment. In addition, if the City desires additional miscellaneous protective safety equipment outside of the scope of services, the Consultant shall be able to procure and train City employees on aforementioned miscellaneous equipment. 4. SAFETY TRAINING SERVICES The Consultant shall provide rescue training services; this includes developing and delivering training and expertise to identify workplace hazards and controls as well as and assisting workers in gaining a greater understanding of safety awareness. Upon request by the City, the Consultant may be tasked with conducting safety inspections and investigations, assisting with developing training to contribute to the knowledge and skills required for workers to perform their work safely, and teaching employees awareness/understanding of workplace hazards including how to identify, report, and control the hazards. Annually and upon request, the City shall request the following training classes from the Consultant: 1. Fit Testing per City employee (including medical evaluation questionnaires) 2. SCBA and SKA-PAK Breathing Air Training 3. 40-hour Confined Space Rescue Service 4. 8-hour Cal -OSHA Confined Space Entry Course 8. Lift Station Air Quality Equipment Inspection Services 6. Elevated Tank Fall Protection and Retrieval Training City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 16 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7. Monthly Safety Training Services including but not limited to: (1) Electrical safety (2) Confined space training (3) Excavation/Trenching (4) Fail protection and retrieval (5) Lock-out/Tag-out (6) Construction site safety plans (7) Hazardous materials handling (8) Respirator protection (9) Aerial work (fall protection and retrieval) (10) Hot work and hot work permit requirements (11) Personnel protective equipment (PPE) requirements (12) Signage requirements (13) Ventilation techniques (14) Permitting requirements (15) Other OSHA required training for job -related hazards The specific training needs identified in the scope of work can be expected to include similar components as the training requirements identified above. All safety training needs will be discussed and coordinated with City staff prior to work authorization. 5. SAFETY EQUIPMENT INSPECTION AND MAINTENANCE SERVICES Upon request from the City, the Consultant shall offer inspection and maintenance services of safety equipment including but not limited to the following frequency: The Consultant shall provide quarterly inspection and evaluation of rescue equipment in the City's immediately Dangerous to Life or Health (IDLH) rescue vehicle to meet compliance with safety provisions and standards. The City's IDLH rescue vehicle includes SCBA's, SKA-PAK's, medical equipment, helmets and lights, ventilation, CMC rescue hardware, fall protection equipment, radios, atmospheric monitors, and miscellaneous equipment. 2. The consultant shall also provide annual inspection and evaluation services of SCBA's and SKA-PAK's air respirators as well as evaluation of self -retracting lines to meet compliance with safety standards. 3. The Consultant shall provide confined spaces training services annually in accordance with Title 8 CCR. 4. The Consultant shall provide annual inspection/maintenance of the City's air quality monitoring equipment at various stations. 5. The Consultant shall be responsible for training City staff on assessing Self - retracting line (SRL) equipment and ensuring equipment meets certification City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 17 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING standards (SRL annual certification and training services for ascending and descending potable water tanks taller than 100 feet). In the event any safety equipment does not meet standards, the Consultant shall recommend and provide replacements. In addition, the Consultant shall maintain a record of inspections and tests to ensure timely maintenance and quality of safety equipment and materials. Upon performing quarterly and annual inspections, the Consultant shall provide the official test results as well as inspection logs within thirty (30) days of inspection performance. C. CODE COMPLIANCE All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • National Fire Protection Agency (NFPA) • State Department of Industrial Safety (CAL/OSHA) • California Code of Regulations (CCR) • Local, State, and Federal Building Codes • City of Santa Ana Standards D. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long- term tasks if any. E. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. F. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 18 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. G. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor................................................................................................20 2) Materials..........................................................................................15 3) Equipment Rental............................................................................ 15 4) Other Items and Expenditures.......................................................... 15 H. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Consultant shall have a minimum of five (5) years of experience in the services described in ATTACHMENT 1: SCOPE OF SERVICES. 3. The Consultant shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. All rescue team members must have received previous training in atmospheric monitoring and ventilation, communication, emergency self -rescue, non -entry rescue operations, permit system, signs, first aid and CPR, lockoutltagout, fall protection, electrical safety, and respiratory protection. 5. The rescue team members must have received training in a simulated rescue operation within the 12 months previous to any rescue services performed for the City. 6. Provide all necessary equipment to competently perform and complete work as specified. 1. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 19 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING contractor's supervision is trained in the work practices necessary to safely perform his or her job. J. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. K. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section III.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section --- City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 20 EXHIBIT B x a i� RFP 24-028 : City of Santa Ana - Confined Space Rescue Services And Safety Training Firm: Pro Safety & Rescue, Inc. 3700 Pegasus Dr. Suite #200, Bakersfield, CA 93308 Phone - 1.855.591.0019 Fax - 661.829.5029 Contact Person Zachari Pierce Office - 888.269.5095 Cell - 661.706.0298 Fax - 661.829.5029 Email - z.pierce@prosafetyandrescue.com ATTN : Heidi Chou, P.E. Project Manager (714)-647-3571 hchouCa santa-ana.ora Agreement Statement : Pro Safety & Rescue, Inc. proposes to perform Confined Space Rescue Services and Safety Services, adhering to all requirements described in this RFP, including all addenda. Pro Safety & Rescue, Inc. accepts all responsibilities and conditions outlined in RFP 24-028 =iw'm M Wr Alr::.. Table of Contents Coversheet.......................................................................................................... Pg. 1 Tableof Contents................................................................................................. Pg. 2 Firm and Team Experience.................................................................................... Pg. 3-7 Understanding Scope Of Services.........................................................................Pg. 8-12 Proposer's References......................................................................................Pg. 13-15 Relevant Project Experience.................................................................................. Pg. 16 FeeProposal.................................................................................................Pg. 17-20 f Firm and Team Experience Pro Safety & Rescue, Inc. is passionate about serving you. We are a certified minority -owned, woman -owned small business that provides exceptional EMS, rescue, and safety solutions. We are certified by the California Public Utility Commission (CPUC), National Minority Supplier Development Council (NMSDC), and California Department of General Services. Additionally, Pro Safety & Rescue is a licensed Non -Transport Basic Life Support (BLS) Agency in Kern, County and State of California. Serving our clients since January 2014, our business partners have partnered with our team to allow us to serve their safety needs all across the United States and on international projects. Since our beginning, we have served our clients in the biomass and power generation, solar, construction, manufacturing, agriculture, oil & gas, and the entertainment industries. With a highly diversified client base, our team has very unique and unmatched capabilities that assist our business partners creating and sustaining safe working environments by our team providing them with professional safety, rescue and emergency medical services. Servant leadership is the foundation of our core values alongside integrity, professionalism, excellence, and honesty. We believe that it is through our focus on serving our business partners and each other, is how we lead in having safe and incident free work places. III Firm and Team Experience THIS CERTIFIES THAT 011 ��NMSDC Pro Safety &Rescue, Inc. •Nati sly—fiad by me: SOUTHERN CALIFORNIA MINORITY SUPPLIER DEVELOPMENT COUNCIL 'NAILS Code(e): utago coo svnwlanmorel, wonuveervlces es amineeM me umh Amencen 1m 1cleselnveum a1mem(.1.1 Issued Dale 12g12p24 vmg� NMSDC CECand Presldon ,`C,milms, Numbewr+�� F�—�jT" 4 (J (/ Expired.. Date Virginia Go PreaideA By using your Pas —el (NMSDC issued only), authorized users may log into NMSDC Central to view the entire profile: h tp fir—dc.org Cedlty, Develop, Connect, Advocate. ' MBEs oediflad by an Astuate of lbe National Mirel, Supplier Develop bent Council, Inc.® Printed on: 2/15/2024 2:30:42 PM To verify most current certification status go to: https://www.calepmcure.ca.gov 7GS Office of Small Business & DVBE Services Certification ID: 1763348 Email Address: s.pierce@pmsafetyandrescue.com Legal Business Name: PRO SAFETY & RESCU E, INC. Business Web Page: Doing Business As IDEA) Name 1: www.pmsafetyandrescue.com P RO SAFETY &RESCU E, INC. Business Phone Number: Doing Business As(DBA) Name 2: (888)269-5095 Business Fax Number: 661/829-5029 Address: 3700 Pegasus Drive Business Types: Suite 200 Non -Manufacturer, Service BAKERSFIELD CA 93308 Certification Type Status From To SB Approved 11/28/2023 11/30/2025 Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSH ELP�L[@DGS.CA.GOV Call OSDS Main Number: 916-375-4940 7073rd Street, 1-400, West Sacramento, CA 95605 J SUPPLIER CLEARINGHOUSE CERTIFICATE OF ELIGIBILITY CERTIFICATION EXPIRATION DATE: May 2, 2026 The Supplier Clearinghouse for the Utility Supplier Diversity Program of the Ce fomla Public Utilities Commission hereby certifies that it has audited and verified the eligibility of. Pro Safety & Rescue, Inc Minority Business Enterprise (MBE) pumuam to Commission General Order 156, and the terms and condifions sfipulated in the Verification Application Package. This C,mfieate shall be valid only with the Clearinghouse seal uffrxed hereto. Eligibility must be maintained a all times, and renewed within 30 days of any changes in ownership or control. Failure to comply may result in a denial of eligibility. The ClearinghousecM may reconsider ifi-im, if it is determined that such atoms was obtained by false, misleading or mcomem mformation. Decertification may ocom if any verification criterion under which eligibility was awarded later becomes invalid due to Commission m1mg. The Clearinghouse may request addifional information or conduct on. site visits during the term ofverificafion to verity eligibility. This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utility companies may ducat inquiries concerning this Certificate m the Clearinghouse st (900) 359-7998. VON, 14050052 DETERMINATIONDATE, May 2, 2023 SUPPLIER CLEARINGHOUSE CERTIFICATE OF ELIGIBILITY CERTIFICATION EXPIRATION DATE: May 2, 2026 The Supplier Clearinghouse for the Utility Sappher Diversity Program of the Cahfmia Pabhc Utilities Commission hereby cerfifies that it has audited and verified the eligibility of Pro Safety & Rescue, Inc. Women Business Enterprise (WBE) pursuant m Commission General Order 156, and the terms and conditions sfipulated in the Verifcafion Applicafim Package. This Certificate shall be valid only with the Clearinghouse seal affixed herein. Eligibilitymust be maintained at all timm, a.nd renewed within 30 days of any changes in ownership or control. Failure f comply may result in a denial of eligibility. The Clearinghouse may reon csider certification if it is determined that such stabs was oblatned by false misleading o meet infrmmom. Decertification may occur if any verifies criterion order which eligibility was awarded later becomes m,eid due to Commission ruling. The Clearinghouse may request sddifional information or conduct on- site visits during the lean of—ifi-im, to verity eligibility. This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utility companies may direct inquiries Coneemmg this Certificate to the Clearinghouse st (800) 359-7998. VON, 14050052 DETERMINATIONDATE. May 2,1013 Firm and Team Experience Organizational Chart f�RO Organization Flow Chart Company Profile Years in Business: 10y m Ownership: Certified Woman -Owned, Minority -Owned with no anticipated change in ownership. Mailing Address: 3700 Pegasus Drive, Suite 200, Bakersfield, CA 93308 Operations Facility: 93,000 Sq.ft. on 10 acres of land Phone: 888.269.5029 California Secretary of State Registration Number: 3640182 California Small Business Certification Number: 1763348 CPUC Certification Number: 14050052 Southern California Minority Supplier Development Council: SC09102 California Public Works Contractor Registration Number: 1000001316 f ILM Firm and Team Experience Our dedicated support staff for scheduling Confined Space Rescue Services is: Primary Point of Contact: Rescue Team Coordinator Derrik Palomo - EMT/Rescue Technician Office: 888.269.5029 ext 108 Cell: 661.706.5080 E-mail: d.palomo(a)prosafetyandrescue.com Leadership: Director of Operations Tony Mejia, CSP, EMT-P Office : 888.269.5095 ext.106 Cell : 661-330.5692 Safety Coordinator Rick Morgan, CHST Office : 888.269.5095 ext.107 Cell : 661.706.5095 Safety Coordinator Jeremy Doolittle, BA Office : 888.239.5095 ext.117 Cell : 661.706.6659 Customer Relations Zachari Pierce Office: 888.239.5095 ext.109 Cell: 661.706.0298 Director of Continuous Improvement Ernie Waldo Office : 888.269.5095 ext.111 Cell : 661.706.5158 Vice President Jessie Pierce Office : 888.269.5095 ext. 101 Cell : 661.706.8212 RM �J f �r 1 Firm and Team Experience Rescue Team Coordinator - DESIGNATED PROJECT MANAGER Derrik Palomo - EMT/Rescue Technician - Derrik has been with PSR since March of 2020. He is licensed EMT and a former Fire Fighter for Kern County Fire. Derrik is a certified Rescue Technician, Instructor, EMT, and is responsible for the coordination for rescue teams, rescue training and works as a customer liaison for the EMS and Rescue Divisions. Derrik has vast experience in rescue services for power generation plants, refineries, manufacturing and construction industries. Director of Operations Tony Mejia, CSP, EMT-P - Tony Mejia has been with PSR since June of 2023 as the Director of Operations. Previously, Tony was been a customer of PSR for 9 years. Tony has an extensive background in EMS as a licensed paramedic, serving Kern County for 30 years. Additionally, Tony is a Certified Safety Professional (CSP) previously serving in various safety positions in the Electrical, Manufacturing, and Emergency Medical Services industries. Safety Training Coordinator Rick Morgan, CHST - Rick Morgan, Construction Health Safety Technician (CHST) has been with PSR since August 2023. Rick oversees PSR's safety training and verification and validation programs (V&V). He has a extensive background in safety, serving in the Construction, Refinery, Solar and Electrical industries. Safety Coordinator Jeremy Doolittle, GSP (pending) - Jeremy Doolittle has been with PSR since July of 2023. With a bachelor's in Occupation Health and Safety and currently finish his Masters in Occupational Health and Safety, Jeremy oversees PSR's Safety programs and procedures and field safety. Jeremy is responsible for field integration of processes, assists with the V&V process, program development and implementation. Customer Relations Zachari Pierce - Zachari Pierce has been with PSR for 5 years. He is a certified Confined Space Rescue Technician with a robust background in rescue, on -site Safety, and breathing and gas detection systems. Zachari is currently overseeing PSR's. Business Development and is a customer liaison for select high value clients Zachari is passionate about customer satisfaction, leading After Action Reports (AAR's) for power plant outages. Director of Continuous Improvement Ernie Waldo - Ernie Waldo has been with PSR since 2021. Ernie has an extensive background in continuous improvement and operations in the agriculture, construction, manufacturing, aerospace and safety industries for over 30 years. Being Six Sigma and Lean certified, Ernie is responsible for PSR's Continuous Improvement processes, Lean program, Standard Operating Programs and Technology. f Understanding Scope of Services Project Plan Our company is dedicated to providing exceptional customer service and we understand the importance of meeting the high standards demanded by the City of Santa Ana. To ensure a seamless customer service experience across the multiple facilities, we employ several key strategies including 24/7 availability and digital scheduling software. We understand the importance of being accessible at any time, regardless if it's day or night. Our customer service operations run 24/7, allowing the City of Santa Ana's various facilities to reach out for assistance at their convenience. We have employed robust performance measurement mechanisms and data -driven analysis to track key metrics and identify areas for improvement. Through continuous evaluation and feedback, we have consistently optimized processes, streamlined operations, and enhanced overall performance to achieve the desired outcomes in our schedule and deployment of Technical Rescue Teams. Below is an example of the software used to schedule qualified rescue technicians, assign equipment and dispatch rescue crews to projects for the City of Santa Ana and other customers. +)RD r s 'wMe�.m rW. �ir�iw m wwui yy w. w.r •� w.w.. e rry.� • r�ri m ue. �... •w r..,� r � e a Y a�io.i�w en..w r, ��wm. .rr.-+w• ° � .:w �.� :mrl - ' ww►�w u�"re... ytiwWnwrw w..o is rc� ry�w,o Fr . r..`w..wti i Y i« r..r..-rwr cep a-wv °"��O^r �d�n ��wY• •�w+44 Iv Z e .re ` ... wn ...��.r. �... w�•w. w....�i � '��,aen e...r�Vr. dv.r�. ww•w ww..�..w�.e rwew.. Y a�iu� w.n.. • _ w.r..•w�c .wir r... Y r�.r.ae V ww .rr..-1 xx •.ter —e _ _o Y w�a.�...r��.• •a ewww'n..w�w ww�.r... r �$5e r iY1r1rY.'.�l r•w.r y ./'•�.w� V w"�.e .rrw.� Y _' �r.w rMiar'..e o.�i.� ra f Understanding Scope of Services Staffing Strategy_ The chart below is how our team at Pro Safety & Rescue identifies capable and qualified rescue team members that can be assigned for projects for the City of Santa Ana meeting the RFP requirements. This process helps verify that right team members are always on your projects and who the responsible team members are for achieving excellent customer service. Additionally, we conduct After Action Reports (AAR) for our projects, seeking the input from our clients and rescue team in order to identify areas that our team is serving great in and other areas that we could improve in effort to create a frictionless relationship. Our team seeks to truly be servant leaders to our clients. RACI MATRIX / CONFINED SPACE RESCUE SERVICES DSAFETRO PRO SAFE I Y & RESCUE WWI= CONFINED HOLEWATCH RESGIE PLAN JSA SIDS ATMOSPHERIC FIREWATCH SPACE MONITORING MONITORING LEAD CAPTAIN RESCUE EMT PARAMEDIC FIELD SAFETY TECHNICIAN ATTENDANT NIA NJA 0 A contact list of all Pro Safety & Rescue Team members on location will be communicated daily .� •91■].E91-3� _[■I■I6111► IF -A 3��+I■]i6Y�1y��s lil;�■]:7�1 +] Understanding Scope of Services Training Strategy RESCUE f At Pro Safety & Rescue, our rescue technicians are certired through a combined 80 hours of Confined Space and Ropes Rescue classes ip q eF to gain competency in a!I of the skills specified by the National Fire Protection Associallon before they ever step Foot on a job site. SCHEDULING PROGFAh+ -PRO w.�n.ewn M iL Pw— RO CERi1FlCATE OF COM PLETICN �JMMHTE!G M CaN�6 wel11�KUEiLrx ' f Understanding Scope of Services Training Strategy Pro Safety & Rescue's Training Center was built in partnership with CIVIC Rescue, the nation's leader in high angle, low angle, swift water, and rock rescue equipment. Every Confined Space Rescue and Rope Rescue course taken at our facility is taught by CIVIC, meaning that our Rescuers have the highest quality training possible - from the manufacturer of their equipment! Ole f Understanding Scope of Services Equipment Strategy_ The chart below is the equipment that each Technical Rescue Team is equipped with to provide High and Low Angle Rescue and Confined Space Rescue Services. We utilize only the best, top of the line equipment for our highly qualified team rescue team members. Proposer's References - Since January 2014, our customers have partnered with us to provide safety solutions at sites across the United States and on international projects. With a focus on industries such as power generation, solar, construction, and manufacturing, our team has been serving clients since our inception. We strive to provide top-notch safety services and meet the specific needs of our clients, ensuring their safety at all times. By having an in-depth understanding of the facility layouts and operations, we are able to provide customized solutions and services that are tailored to meet the specific requirements of each project. Our partnership with facility leadership teams in Roseville allows us to effectively communicate and coordinate with city officials, contractors, and other stakeholders to ensure seamless and efficient operations. We are committed to the success of City of Santa Ana's projects and strive to be a valuable resource for its growth and development. Pronoser's References CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING APPENDIX ATTACHMENT 3: PROPOSER'S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposai specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualificatlons- Reference Customer Name_ La Paloma Generating Co. Contact Individual: Terry Benson 1760 Skyline Rd, McKittrick, CA 93251 661.203.9292 Address: y � Phone Number: Facsimile Number: 661.762.6000 Contract Amount: T&M $1M+ Year: 2013-current Description of supplies, equipment, of services provided: Confined Space Rescue Services, On -Site EMS Services, Safety Training Services Health & Safety Testing Services, Site Health & Safety Auditing Services Reference Customer Name: High Desert Power Contact Individual. Tom Taylor Address' 19000 Perimeter Rd, Victorville, CA 92394 Phone Number: 760.530.2300 Facsimile Number; 760-530-2305 Contract Amount: T&M $1 M+ Year: 2016-Current Description Of supplies, equipment, or services provided: Confined Space Rescue Services, On -Site EMS Services, Safety Training Services Health & Safety Testing Services Reference Customer Name' DTE VANTAGE Address: 2526 West Washington Street, Stockton, CA 95203 Contracl Amount: T&M $1M+ Contact Individual: Chelsea Cogdill Phone Number: 907.223.4648 Facsimile Number: 209.320.3723 Year: 2018-Current Description of supplies, equipment, or services provided: Confined Space Rescue Services, Safety Training Services City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 22 Mw Proposer's References CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING Reference Customer Name: Bakersfield Renewable Fuels - CTCI Contact Individual: Danny Sexton Address: 6451 Rosedale Hwy, Bakersfield, CA 93308 Phone Number: 337-513-1069 Cantract Amount: T&M $1M+ Facsimile Number- 1-281-870-9981 Year. 2020-Current Description of supplies, equipment, or services provided: Confined Space Rescue Services, On -Site EMS Services, Safety Training Services THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 23 f Relevant Project Experience Pro Safety & Rescue, Inc. has had the honor of providing high quality rescue services to several Public Agencies over the last 10 years. Here are just a few : - City of Bakersfield - Union City Sanitary District - Los Angeles Department of Water and Power - City of Santa Clara - City of Roseville - San Francisco Municipal Transport Agency FEE PROPOSAL CITY OF SANTA ANA RFP NO.: 24-028 CONFIDED SPACE RESCUE SERVICES AND SAFETY TRAINING APPENDIX ATTACHMENT 2: FEE PROPOSAL I _ Certification • i certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work, I am familiar with all the existing conditions and limitations that may impact work requests. l understand and agree that I am responsible for reporting any errors, omisslons or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City {projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. Pro Safety & Rescue, Inc. 46-4617132 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO. 3700 Pegasus Drive, Suite #200 CA 93308 BUSINESS ADDRESS STREET CITYISTATE ZIP CODE A�� Jessie Pierce Vice President I UNt fit- AU I hUK ZEU A6EN I NAME (PRINT) TITLE j.pierce@prosafetyandrescue.com 661.706.8212 EMAIL ADDRESS PHONE NUMBER 1763348 1000001316 CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 21 FEE PROPOSAL 3700 Pegasus Dr. Ste. 200 Bakersfield, CA 93308 888.269.5095 SAFETY & RESCUE, INC. 2024 PREVAILING WAGE RATES TECHNICAL CONFINED SPACE RESCUE & SAFETY SERVICES Classification Regular Rate Over Time Double Time Rescue Technician 93.00/hr. 123.00/hr. 143.00/hr. Confined Space Attendant 93.00/hr. 123.00/hr. 143.00/hr. Safety Trainer 75.00/hr. 112.50/hr. 150.00/hr. Inspection/Maintenance Tech. 56.00/hr 84.00/hr. 112.00/hr. Equipment (Description below) Rate per day Technical Rescue Equipment 350.00 Rescue Vehicle 144.00 Travel Rate Mileage (per mile) .67 Travel Time (per person, per hour)" 38.00 Per Diem - Subsistence Pay (per person, per night) 45.00 Lodging (per person, per night) 190.00 Technical Rescue Gear (Multi -Gas Detection) Continuous Sample Draw Gas Detection Monitor per rescuer Tripod, High Angle Equipment, MPD's, LSP, SKED, Decent Rigging, Stokes Litters Basket Additional High Angle Rescue Gear Self Contained Breathing Apparatuses Intrinsically Safe Digital Radios 'Please note that there is a two-hour minimum after dispatch from corporate office. Time is charged port to port unless otherwise specified by agreement. All time is charged per hour after the two-hour minimum info@prosafetyandrescue.com I Fax:661.829.5029 1 www.prosafetyandrescue.com FEE PROPOSAL 3700 Pegasus Dr. Ste. 200 Bakersfield, CA 93308 888.269.5095 SAFETY & RESCUE, INC. Safety Training & Testing - Including But Not Limited To Training Class* Rate Per Person Confined Space Entry/Attendant/Supervisor (CAL -OSHA) 175.00 Bloodborne Pathogens 35.00 First Aid & CPR - Medic First Aid 65.00 First Aid & CPR - American Heart Association 85.00 SCBA/SKA-PAK/Breathable Air Trailer Attendant 75.00 Heat Illness Awareness & Illness 45.00 Onsite Forklift Training 60.00 Onsite Aerial Lift 50.00 40-hr Rescue Class 1,625.00 Elevated Tank Fall Protection & Retrieval 125.00 Respiratory Fit Testing Respiratory Fit Testing - Quantitative 85.00 Respiratory Fit Testing - Qualitative 40.00 Medical Questionnaire 35.00 Diagnostic test Audiometric Testing 90.00 Pulmonary Function Test 55.00 Gas Monitor Calibration & Inspection Rates Single Gas / per monitor 12.00 Multi -Gas / per monitor 18.00 Technician Hourly 56.00/hr 'Minimum class sizes may apply info@prosafetyandrescue.com I Fax:661.829.5029 1 www.prosafetyandrescue.com FEE PROPOSAL 3700 Pegasus Dr. Ste. 200 Bakersfield, CA 93308 SAFETY & RESCUE, INC. 888.269.5095 TERMS OF SERVICE Labor Conditions For Complex Permit Required Confined Spaces, a minimum of three Technical Confined Space Rescue Technicians will be necessary, as well as a Per Day Charge for the Rescue Equipment, providing the Rescue and Medical equipment as needed for the Technicians. Supplied Air Trailers Are Job Specific. Travel Time Travel Time is charged port to port, which begins once a rescue team/crew is dispatched from the corporate office to project location that exceeds 35 mile radius from company office. The reduced travel time hourly rate is 38.00 per employee. Overtime Time will be charged in accordance with the provisions of California Labor Laws. Overtime charges will also apply to all hours worked on holidays, all hours worked on weekends, or for hours worked on a callout basis other than during scheduled day shift. PSR works Mobilization The delivery and mobilization by contractor forces will be billed at the applicable rate for labor and the equipment used. All locations that require travel to distances greater than 35 miles will incur a mileage rate of .67 cents per mile. Meals & Incidental Expenses/Per Diem The lodging rate is charged at 190.00 per day, per employee. Prevailing Wage Per Diem rate is charged at 45.00 per day. Non -prevailing per diem is charged at 25.00 per day. info@prosafetyandrescue.com I Fax:661.829.5029 1 www.prosafetyandrescue.com f CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 20th day of June , 2024, by Jessie Pierce , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 36 CITY OF SANTA ANA RFP NO.. 24-025 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: 2,�� Title: Vice President Firm: Pro Safety & Rescue, Inc. Date: 06/20/2024 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 37 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with ail provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 38 CITY OF SANTA ANA RFP NO.: 24-028 CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of tabor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: /04 1t� Title: Vice President Firm. Pro Safety & Rescue, Inc. Date: 06/20/2024 City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 39 EXHIBIT C 7R0 SAFETY &RESCUE, INC. 3700 Pegasus Dr. Ste. 200 2024 PREVAILING WAGE RATES Bakersfield, CA 93308 888.269.5095 TECHNICAL CONFINED SPACE RESCUE & SAFETY SERVICES Classification Regular Rate Over Time Double Time Rescue Technician 93.00/hr. 123.00/hr. 143.00/hr. Confined Space Attendant 93.00/hr. 123.00/hr. 143.00/hr. Safety Trainer 75.00/hr. 112.50/hr. 150.00/hr. Inspection/Maintenance Tech. 56.00/hr 84.00/hr. 112.00/hr. Equipment (Description below) Technical Rescue Equipment Rescue Vehicle Travel Mileage (per mile) Travel Time (per person, per hour)* Per Diem - Subsistence Pay (per person, per night) Lodging (per person, per night) Technical Rescue Gear (Multi -Gas Detection) Rate per day 350.00 144.00 Rate .67 38.00 45.00 190.00 • Continuous Sample Draw Gas Detection Monitor per rescuer • Tripod, High Angle Equipment, MPD's, LSP, SKED, Decent Rigging, Stokes Litters Basket • Additional High Angle Rescue Gear • Self Contained Breathing Apparatuses • Intrinsically Safe Digital Radios "Please note that there is a two-hour minimum after dispatch from corporate office. Time is charged port to port unless otherwise specified by agreement. All time is charged per hour after the two-hour minimum info@prosafetyandrescue.com I Fax:661.829.5029 1 www.prosafetyandrescue.com 3700 Pegasus Dr. Ste. 200 Bakersfield, CA 93308 &RESCUE, INC.888.269.5095 SAFETY Safety Training & Testing - Including But Not Limited To Training Class* Rate Per Person Confined Space Entry/Attendant/Supervisor (CAL -OSHA) 175.00 Bloodborne Pathogens 35.00 First Aid & CPR - Medic First Aid 65.00 First Aid & CPR - American Heart Association 85.00 SCBA/SKA-PAK/Breathable Air Trailer Attendant 75.00 Heat Illness Awareness & Illness 45.00 Onsite Forklift Training 60.00 Onsite Aerial Lift 50.00 40-hr Rescue Class 1,625.00 Elevated Tank Fall Protection & Retrieval 125.00 Respiratory Fit Testing Respiratory Fit Testing - Quantitative 85.00 Respiratory Fit Testing - Qualitative 40.00 Medical Questionnaire 35.00 Diagnostic test Audiometric Testing 90.00 Pulmonary Function Test 55.00 Gas Monitor Calibration & Inspection Rates Single Gas / per monitor 12.00 Multi -Gas / per monitor 18.00 Technician Hourly 56.00/hr *Minimum class sizes may apply info@prosafetyandrescue.com I Fax:661.829.5029 1 www.prosafetyandrescue.com 3700 Pegasus Dr. Ste. 200 Bakersfield, CA 93308 &RESCUE, INC. 888.269.5095 SAFETY TERMS OF SERVICE Labor Conditions For Complex Permit Required Confined Spaces, a minimum of three Technical Confined Space Rescue Technicians will be necessary, as well as a Per Day Charge for the Rescue Equipment, providing the Rescue and Medical equipment as needed for the Technicians. Supplied Air Trailers Are Job Specific. Travel Time Travel Time is charged port to port, which begins once a rescue team/crew is dispatched from the corporate office to project location that exceeds 35 mile radius from company office. The reduced travel time hourly rate is 38.00 per employee. Overtime Time will be charged in accordance with the provisions of California Labor Laws. Overtime charges will also apply to all hours worked on holidays, all hours worked on weekends, or for hours worked on a callout basis other than during scheduled day shift. PSR works Mobilization The delivery and mobilization by contractor forces will be billed at the applicable rate for labor and the equipment used. All locations that require travel to distances greater than 35 miles will incur a mileage rate of .67 cents per mile. Meals & Incidental Expenses/Per Diem The lodging rate is charged at 190.00 per day, per employee. Prevailing Wage Per Diem rate is charged at 45.00 per day. Non -prevailing per diem is charged at 25.00 per day. info@prosafetyandrescue.com I Fax:661.829.5029 1 www.prosafetyandrescue.com FEE PROPOSAL CITY OF SANTA ANA RFP NO.: 24-028 CONFIDED SPACE RESCUE SERVICES AND SAFETY TRAINING APPENDIX ATTACHMENT 2: FEE PROPOSAL I _ Certification • i certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work, I am familiar with all the existing conditions and limitations that may impact work requests. l understand and agree that I am responsible for reporting any errors, omisslons or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City {projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. Pro Safety & Rescue, Inc. 46-4617132 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO. 3700 Pegasus Drive, Suite #200 CA 93308 BUSINESS ADDRESS STREET CITYISTATE ZIP CODE A�� Jessie Pierce Vice President I UNt fit- AU I hUK ZEU A6EN I NAME (PRINT) TITLE j.pierce@prosafetyandrescue.com 661.706.8212 EMAIL ADDRESS PHONE NUMBER 1763348 1000001316 CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana RFP 24-028 Confined Space Rescue Services and Safety Training Page 21