HomeMy WebLinkAbout1994-01-25; City Council; 12566; Crawford & Company Agreement ApprovalI I
RECOMMENDED ACTION:
idopt Resolution No. 94-3Y approving an agreement with Crawford & Company for safety
mnsulting services.
TEM EXPLANATION
4s society’s awareness of health and safety issues has heightened over the years, the
ymernmental regulations to protect the health and safety of the public have both expanded
md become increasingly complex.
Ihere are numerous federal, state and local authorities that enforce regulatory compliance
ssues. The jurisdictions and corresponding regulations of these agencies often overlap, and
:an at times conflict with one another. Furthermore, the regulations of each are often so
xoad that their application to individual circumstances must be based on interpretation of
.heir meaning, thereby making it difficult to achieve certainty of compliance. As a result, staff
>as (1) identified a need for professional assistance with an akssment of the City’s safety
,olicies and procedures and the identification of any additional measures needed to comply
Nith applicable regulations; and (2) requested proposals for safety consulting services from
;everal health and safety consulting firms.
Five firms responded to the RFF’ and their proposals were evaluated and ranked based on
xpertise, experience, staff qualifications and level of services available. Representatives of
:our of the firms were interviewed by a panel consisting of representatives of the Utilities and
Maintenance Department, Fire Department, Police Department, Water District, the City
Manager’s Office, the Parks and Recreation Department and Risk Management. The
%valuations by the panel were taken to the Loss Prevention Committee (LPC) which
lpproved top ranked Crawford & Company for recommendation to the City Council.
FISCAL IMPACT
The cost of the agreement is a flat fee of $15,500 for the tasks outlined in Attachment 1 to
the agreement. There are adequate funds in the Liability Reserve Fund to cover this amount.
An appropriation of $15,500 from the fund balance of the Liability Reserve Fund into
Miscellaneous Outside Services Account No. 612-820-1910-2490 would be required.
EXHIBITS
1. City Council Resolution No. 4Y-34 -
2. Consultant Agreement with Crawford & Company
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RESOLUTION NO. .94 - 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT FOR SAFETY CONSULTING
SERVICES TO THE CITY
WHEREAS, the City Council has determined that it is desirable and necessary to
retain the consulting services of a safety consultant.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby authorizes the Mayor to execute an
agreement with Crawford & Company for safety consulting.
3. That the City Council hereby authorizes the Finance Director to transfer
$15,500 from the Liability Reserve Fund to Miscellaneous Outside Services Account NO.
612-820-1910-2490.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the day of JANUARY 1994, by the following
vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES None
ABSENT. None
ATEST:
AGREEMENT
THIS AGREEMENT, made and entered into as of the day of
, 19-, by and between the CITY OF CARLSBAD, a municipal corporation,
hereinafter referred to as "Cii, and Crawford & Company, hereinafter referred to as
"Consultant".
RECITALS
City requires the services of a safety consultant and Consultant possesses the
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Consultant agree as follows:
1. CONSULTANT'S OBLIGATIONS
The consultant's obligations are per the attached proposal marked as Attachment
1.
2. CITY OBLIGATIONS
The City shall provide:
A. Access to Ci facilities;
6. Access to department contacts and facilii personnel; and
C. Access to written health and safety manuals and recordkeeping documents.
Rev. 1 1/9/93
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within 1 year of that date. Phase
I on-site interviews will be completed within 30 days after receipt of notification to proceed
by the City. Extensions of time may be granted if requested by the Consultant and
agreed to in writing by the City Risk Manager. The Ci Risk Manager will give allowance
for documented and substantiated unforeseeable and unavoidable delays not caused by
a lack of foresight on the part of the Consultant, or delays caused by City inaction or
other agencies' lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
The total shall not exceed the fee payable according to Paragraph 6, "Payment of
Fees," and shall be $1 5,500. No other compensation for services will be allowed except
those items covered by supplemental agreements per Paragraph 8, "Changes in Work."
5. DURATION OF CONTRACT
This agreement shall extend for a period of 1 year from date thereof. The
contract may be extended for one (1) additional one (1) year period or parts thereof,
based upon satisfactory performance and the Cis needs.
6. PAYMENT OF FEES
Payment of fees shall be within thirty (30) days after submittal and approval of
invoice.
2 Rev. 1 1/9/93
P-URCHASING LD:4341987 JAN Q'94 14:52 No.005 P.01
7. - Within 20 warking day8 of campletion 01 Phase I on-alto Inlervluws. the Consultant
shall deWver to the Clty the follDwing Items:
A. ' The Work Activltles R&Iw md lncentlve Program AnaiyBi8 Reports;
8. The Illness and Injury Prevention Program Audlt Report;
C. The liine8s and lniray Prevention Program Impiementatlon Plan.
Within 20 working days ol approval of Items 7. A., B., and C. above, the Conwkant
shall delhrer to the Ci the following item':
A. The Audit of Safety Systems Document.
8. V
tf, Irr the coorse ofthe contract, changoa ern merited by tho Conwltant or the Crty,
and informal consultatlons with the other party bxllcate that a change In tho condltlons
of the contract la warranted, the Consultant or the City may request a change In conirad.
Such changes shall be processed by the Clty in lhe fdlowkrp manner: A letter WtlkJng
the required changes shall be forwarded to the City by Consultant to inform them d the
proposed changes dong with e statement of dmoted chanQaR In charges or the
schedule. A supplemental agreement shall be prepared by the Clty and aplxoved by the
City according tothe procedures described in Carlsbad Munldpal Code SectlOn 3.28.172.
Such suppiemental agwment shal not render ime or Invalklate unaffectedpo~lons
R-96%
of the agreement
3
4341981
Rev. 11/9/93
01-12-94 02:56PM PO01 #50
9. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any company
or person, other a bona fide employee working for the Consultant, to solicit or secure this
agreement, and that Consultant has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of this
agreement. For breach or violation of this warranty, the Ci shall have the right to annul
this agreement without liability, or, in its discretion, to deduct from the agreement price
or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant's failure to prosecute, deliver, or perform the work as
provided for in this contract, the Ci may terminate this contract for nonperformance by
notifying the Consultant by certified mail of the termination of the Consultant. The
Consultant, thereupon, has five (5) working days to deliver said documents owned by the
City and all work in progress to the Ci Risk Manager. The Ci Risk Manager shall
make a determination of fact based upon the documents delivered to Ci of the
4 Rev. I 1/9/93
percentage of work which the Consultant has performed which is usable and of worth to
the City in having the contract completed. Based upon that finding as reported to the
City Manager, the Manager shall determine the final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of work under this agreement,
the following procedure shall be used to resolve any question of fact or interpretation not
otherwise settled by agreement between parties. Such questions, if they become
identified as a part of a dispute among persons operating under the provisions of this
contract, shall be reduced to writing by the principal of the Consultant or the City Risk
Manager. A copy of such documented dispute shall be forwarded to both parties
involved along with recommended methods of resolution which would be of benefit to
both parties. The City Risk Manager or principal receiving the letter shall reply to the
letter along with a recommended method of resolution within ten (IO) days. If the
resolution thus obtained is unsatisfactory to the aggrieved party; a letter outlining the
dispute shall be forwarded to the City Council for their resolution through the Office of the
City Manager. The City Council may then opt to consider the directed solution to the
problem. In such cases, the action of the City Council shall be binding upon the parties
involved, although nothing in this procedure shall prohibit the parties seeking remedies
available to them at law.
Rev. 1 1/9/93
.-
13. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering thirty (30) days
written notice to the other party. In the event of such suspension or termination, upon
request of the City, the Consultant shall assemble the work product and put same in
order for proper filing and closing and deliver said product to Ci. In the event of
termination, the Consultant shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City shall make the final determination as to the portions of tasks completed and the
compensation to be made.
14. STATUS OF THE CONSULTANT
The Consultant .shall perform the services provided for herein in Consultant’s own
way as an independent contractor and in pursuit of Consultant’s independent calling, and
not as an employee of the Ci. Consultant shall be under control of the Ci only as to
the result to be accomplished, but shall consult with the Ci as provided for in the
request for proposal.
The Consultant is an independent contractor of the Ci. The payment made to the
Consultant pursuant to the contract shall be the full and complete compensation to which
the Consuftant is entitled. The Ci shall not make any federal or state tax withholdings
on behalf of the Consultant. The City shall not be required to pay any workers’
compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify
the City for any tax, retirement contribution, social security, overtime payment, or workers’
compensation payment which the Ci may be required to make on behalf of the
6 Rev. 1 1/9/93
Consultant or any employee of the Consultant for work done under this agreement.
. The Consultant shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Consultant shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein required
are the property of the City, whether the work for which they are made be executed or
not. In the event this contract is terminated, all documents, plans, specifications.
drawings, reports, and studies shall be delivered forthwith to the Ci. Consultant shall
have the right to make one (1) copy of the plans for hisher records.
7 Rev. 1 1/9/93
17. REPRODUCTION RIGHTS
The Consultant agrees that all copyrights which arise from creation of the
work pursuant to this contract shall be vested in Ci and hereby agrees to relinquish all
claims to such copyrights in favor of Ci.
18. HOLD HARMLESS AGREEMENT
The City, its officers, and employees shall not be liable for any claims, liabilities,
penalties, fines, or any damage to goods, properties, or effects of any person whatever,
nor for personal injuries or death caused by, or resulting from, any intentional or negligent
acts, errors or omissions of Consultant or Consultant’s agents, employees, or
representatives. Consultant agrees to defend, indemnify, and save free and harmless the
City and its officers and employees against any of the foregoing claims, liabilities,
penalties or fines, including liabilities or ‘claims by reason of alleged defects in any plans
and specifications, and any cost, expense or attorney’s fees which are incurred by the
City on account of any of the foregoing.
19. ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of the Ci.
8 Rev. 1 1/9/93
20. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under this
contract by the Consultant, Consultant shall be fully responsible to the City for the acts
and omissions of Consultant’s subcontractor and of the persons either directly or
indirectly employed by the subcontractor, as Consultant is for the acts and omissions of
persons directly employed by consultant. Nothing contained in this contract shall create
any contractual relationship between any subcontractor of Consultant and the City. The
Consultant shall bind every subcontractor and every subcontractor of a subcontractor by
the terms of this contract applicable to Consultant’s work unless specifically noted to the
contrary in the subcontract in question approved in writing by the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become directly
or indirectly interested personally in this contract or any part thereof.
9 Rev. 1 1/9/93
22. VERBALAGREEMENTORCONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the City,
either before, during or after the execution of this contract, shall affect or modify any of
the terms or obligations herein contained nor entitle the Consultant to any additional
payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms,
conditions, and provisions hereof shall insure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, succBssors, and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
25. CONFLICT OF INTEREST
The Ci has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Consultant will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Consultant hereby
acknowledges that Consultant has the legal responsibili for complying with the Political
Reform Act and nothing in this agreement releases Consultant from this responsibility.
10 Rev. 1 1/9/93
26. INSURANCE
The Consultant shall obtain and maintain policies of general liabilii insurance,
automobile liabilii insurance, and a combined policy of worker's compensation and
employers liabilii insurance from an insurance company authorized to do business in the
State of California which meets the requirements of Ci Council Resolution No. 91-403
in an insurable amount of not less than one million dollars ($I,OOO.OOO) each, unless a
lower amount is approved by the Ci Attorney or the City Manager. This insurance shall
be in force during the life of this agreement and shall not be canceled without thirty (30)
days prior wriien notice to the Ci sent by certified mail.
The City shall be named as an additional insured on these policies. The Consultant
shall furnish certificates of insurance to the Ci before commencement of work.
Executed by Consultant this 3 fb day of &zauAav I 1945'
CONSULTANT: CITY OF CARLSBAD, a municipal eK2FfCy Led eo - $sy- &-
(name of Consultant) SWfm
By:
ATTEST:
f/"~ ' . -" . Mayor
44cd 4 . &flmL W
(print name herd -
(title and organizdon of signatory) ALETHA L. RAUTENKRANZ Ci Clerk
11 Rev. 1 1/9/93
- -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of
County of
B On 3, /US'?' before me, ,&KBA~~ #. G/*Noz&Ac-Y E~XIC,
personally appeared
DATE dl de -yd NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNERIS)
0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in hislherltheir authorized
capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
PrLLXrS- c
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLEIS)
0 PARTNER(S) 0 LIMITED
0 ATrORNEY-IN-FACT 0 TRUSTEE(S) 0 - GUARDIAN/CONSERVATOR
0 GENERAL
NUMBER OF PAGES
u OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITVIIES)
SIGNER(S) OTHER THAN NAME0 ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P.O. Box 7184 * Canoga Park. CA 91309-7184
(Proper notarial acknowledgment of execution by CONSULTANT must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. if only one officer signs, the corporation must attach a resolution certfied
by the secretary or assistant secretary under corporate seal empowering that officer to
bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Acting City Attorney n e. EmdZ.
w7/74. wity Attorney
12 Rev. 1 1/9/93
,-
October 25, 1993
Attachment 1
The FPF Grou~
DALE KOPRlNlK BRANCH MANAGER
Troy A. Benson
Senior Safety Consultant
Enclosures: Proposal (31
SAFEM a ENVIRONMENTAL CONSULTING-INDUSTRIAL HYGIENE-ORIVER a EMPLOYEETRAINING-FIRE PROTECTION 4001 VIA ORO, SUITE 105 0 LONG BEACH, CALIFORNIA 90810 0 1.600.670-5150 (310) 630.6795 Cl FAX (310) 8306901
IN RESPONSE TO THE REQUEST FOR PROPOSALS
PROPOSAL FOR THE CITY OF CARLSBAD
DATED OCTOBER 4. 1993
PREPARED BY
CRAWFORD & COMPANYlTHE FPE GROUP
4001 VIA ORO, SUITE 105
LONG BEACH. CA 90810
OCTOBER 25,1993 .
SAFETY a ENVIRONMENTAL CONSULTING-INDUSTRIAL HYGIENE-DRIVER a EMPLOYEE TRAINING-FIRE PROTECTION
4001 VIA ORO, SUITE 105 0 LONG BEACH, CALIFORNIA 93810 0 l"87C-5150 (310) 830-6795 C FAX (3101 830-6907
RISK CONTROL SERVICES
I. Introduction:
Crawford & Company/The FPE Group proposes to provide risk control consulting services to the
City of Carlsbad as described in the Request For Proposal document dated October 4, 1993. The
proposal solicits services to assist with assessment and implementation of the City's Injury &
services desired is general and that actual project scope may differ after evaluation of all proposed
Illness Prevention Program (IIPP). Crawford/FPE acknowledges that the scope of Consultant
services. The services and pricing contained in this document are based on information provided
by the City. Should CrawfordlFPE be selected to provide services, we will furnish a more specific
scope of services and pricing based on a more complete understanding of the agreed project
scope. We would also like to discuss provisions in the sample contract provided by the City.
II. Statement of Qualifications:
Crawford/FPE is a national company providing professional safety. industrial hygiene,
environmental and fire protection consulting services to clientele in the public and private sectors.
protection consultants. The Long Beach. California office currently has five industrial hygienists
Nationally, Crawford/FPE is staffed with 65 professional safety, industrial hygiene and fire
services given the consulting capabilities and experience contained within our Long Beach office.
and five safety consultants. CrawfordlFPE does not intend to use any subcontractors to provide
Our experience is substantial since CrawfordlFPE staff have provided risk control consulting
services to numerous public entities. Additionally, we have established a solid reputation with
many risk management firms who provide services to public entities. ,
Public entities which have benefited from risk control services from our staff include:
Ventura County, California Montebello Unified School District
Hesperia Unified School District ASCIP Self-insurance Pool
Pomona Unified School District Compton Unified School District
Fontana Unified School District Rowland Heights Unified School District
Long Beach Community College District City of Hesperia
Three references have been enclosed as requested.
control services to the City of Carlsbad. Troy's education includes a degree in Pubhc
Mr. Troy Benson, Senior Safety Consultant, will be the primary consultant and coordinate rtsk
Administration and substantial experience working with public entities. He was formerly an
Assistant Manager for the Village of Richton Park, Illinois and has been consulting to many cmes.
counties and school districts in California, Illinois, Arizona, Michigan, and Colorado.
In addition to Mr. Benson, others members of the Long Beach staff will participate in the varlous
phases of the project. Profiles of all consultants who will be working On the PfOieCt have been
included with this document.
1
111. Scope of Services:
- A. Phase I -Work Activities Review and Safetv Incentive Program Anelvsi?
CrawfordiFPE will review work activities at selected City facilities to identify specific regulatory
authorities with jurisdiction over City operations. The scope of the agency identification process
will be limited to State and Federal agencies which have oversight over employee health and safety
issues. These include Cal/OSHA, Cal/EPA, Cal/Trans, the CHP and the DOT. The review will also
include identification of health and safety requirements for the facilities and work practices
observed, and corresponding inspection and recordkeeping practices.
Crawford/FPE cannot endeavor to review every facility and identify every regulatory agency which
has jurisdiction over City operations since the cost would be prohibitive. We recommend a more
cost effective approach which focuses on the main City departments and selected facilities which
are representative of their operations. Our proposed service includes meeting with persons within
those departments who have been identified as having significant roles in the current health and
safety activities. Department heads or their designated representatives which will be interviewed
include:
A. Risk Manager B. Fire Chief
C. Police Chief
D.
E.
Director of Public Utilities & Maintenance
Director of Parks & Recreation
F. Director of Human Resources
G. City Engineer
The review will consist of interviews with representatives noted above and site visits to the
primary operating facilities to confirm the scope of work activities present. The review will not
include testing of any kind to assess hazard exposures or the functioning or adequacy Of
equipment.
We can, upon request, expand the review scope by researching other agencies, visiting more
facilities and conducting tests to assess hazard exposures or equipment functioning. Should these
activities be desired, CrawfordlFPE will provide revised pricing information.
CrawfordlFPE requests the following support from the City to aid in the completion of the review:
1. Access to facilities and areas within the facilities. This can be accomplished by furnishing an escort with keys to the various City facilities.
2. Access to department contacts and facility personnel. The review schedule should
be arranged to consolidate on-site time by scheduling 7 hours Or more Of On-sife
time each day.
3. Access to written health and safety manuals and recordkeeping documents.
2
A management report will be prepared with our findings. It will include recommendations which
recordkeeping. Suggested corrective action will be noted with and regulatory references or other
describe observ’ed deficiencies in work practices, inspection activities and corresponding
department and site.
basis for the recommendation. Recommendations will be sequentially ordered and organized by
Safetv Incentive Proaram Analvsiq
CrawfordlFPE will research existing safety incentive programs for possible use by the City to
improve safety performance. Examples of several types of incentive programs will be provided
with a written summary as to their effectiveness in other organizations and their potential costs.
- 0. Phase II - llPP Audit
Since the inception of Senate Bill 198 our staff have performed audits of many organizations to
Cal/OSHA regulations. We have developed many written Injury and Illness Prevention Programs
assess the adequacy of written documents and safety training activities in comparison to
to assist clients with compliance. Part of this activity has included development and
implementation of required safety programs and activities.
Crawford/FPE can conduct an audit of the primary City departments to determine the degree of
formal risk control program implementation and on-going support activities within those
departments. Employee safety exposures within departments will vary in the degree of loss
potential from moderate to severe, thus presenting a crossection of potential loss exposures.
In order to conserve costs, this activity will be conducted at the same time as Phase I activities.
having significant roles in the current risk control activities. Department heads or their designated
We will meet with designated persons within those departments who have been identified as
representatives which will be interviewed include:
A. Risk Manager
0. Fire Chief
C. Police Chief
D.
E.
Director of Public Utilities & Maintenance
Director of Parks & Recreation
F.
G. City Engineer
Director of Human Resources
Discussions will center around program implementation activities, record keeping and
documentation and will include field visits (where applicable) to sites where department employees
are working and presumably following established risk control procedures. Additionally, such topics
as employee safety training, depanment safety meetings and hazard control will be evaluated. The
field evaluations will center around hazards observed at the work place and the degree of rsk
control activities which are in place to control those hazards.
degree of implementation achieved in the departments. Our reporr will include recommendations
CrawfordlFPE will provide a final report detailing the results of our audit and our opinion as tO the
for improvement to address identified weaknesses in written programs, documentation or program
3
activities. Regulatory references or other basis for each recommendation will be provided.
As part of the management report, CrawfordlFPE will recommend a strategic plan for
implementation of the llPP as requested in Phase Ill of the RFP document. This will consist of a
prioritized action plan to address program weaknesses identified in our audit recommendations.
industrial hygiene surveys and other services. CrawfordlFPE will provide a cost estimate to
It is likely that recommendations will include written program development or revision, training,
provide these services II desired.
CrawfordlFPE will provide a strategic implementation plan for the City's llPP as part of its audit
report described in Phase II.
e phase IV - Annual Review of Safetv Svstems
Since CrawfordlFPE will review the written llPP document, work practices, and selected facilities
through services described in Phases I and 11, another audit is not deemed necessary initially. The
management report prepared during Phase II will identify weaknesses which need to be addressed
by the City. Our recommendation is for the City to work on llPP implementation activities for six
months and then audit. Subsequent audits would take place on annual basis using an audit
instrument developed by CrawfordlFPE.
CrawfordlFPE proposes to develop an written audit system which can be used to measure
effectiveness of the safety program. A balanced approach will be developed which incorporates
an assessment of the level of risk control activities taking place within the City as well as the
of loss information into the evaluation system to assess program results and make comparisons
results being achieved. To facilitate measurement of performance; Crawford/FPE will include use
between claim periods. If desired, the entire evaluation system can be quantified through a
weighted scoring system which measures the level of risk control activities. To demonstrate the
topics that will be addressed during the evaluations, we have attached an outline which includes
the subject matter which will be discussed andlor reviewed with department personnel.
Our approach to conducting the audit will be similar to the process described in Phase II. Our
report will take the form of a completed audit document report with recommendations tor
improvements where appropriate.
IV. Tima Frames and Consultant Personnel Assignments:
- A. Phata I - Work Activities Review and Safetv Incentive Proaram Analvsia
Time Frame: The Work Activities Review and Incentive Program Analysis Reports Will be Provided
within 20 working days from the beginning of on-site interviews. It iS assumed that all On.sI(e
work can be scheduled within a single week. Delays in scheduling on-site work beyond one week
will extend the time frame.
Consultant Personnel Assignments: Troy Benson - 60%. Joe Padilla - 20%. Terry Wong . 20%
4
- B. Phase II - llPP Audit
Time Frame: The IlPP Audit Report will be provided within the same time frame as Phase I. It our
intent to combine Phase I and II activities to minimize costs.
Consultant Personnel Assignments: Troy Benson - 60%, Joe Padilla ~ 20%. Terry Wong . 20%
G-
Report.
Time Frame: The llPP Implementation Plan will be provided as a portion of the Phase II Audit
Consultant Personnel Assignments: Troy Benson - 100%
Time Frame: Ten working days will be needed to provide a draft audit document to the City for
review. Upon receipt of comments from the City, an audit can begin at the earliest mutually
agreed date. The audit report can be provided within 20 working days from the beginning of on-
site interviews. It is assumed that all on-site work can be scheduled within a single week. Delays
in scheduling on-site work beyond one week will extend the time frame.
Consultant Personnel Assignments: Troy Benson - 60%. Joe Padilla - 20%. Terry Wong - 20%
V. Service Costs. Invoicing
Cost estimates for each phase have been provided in a separate envelope as requested.
hours incurred up to the flat fee amount for each project phase. Full payment is due within 30
Monthly invoicing will be provided for consulting services based on expenses and professional
days from date of invoicing.
The proposed contract period will be for a one (1 I year period. Crawford/FPE requests the right
to modify any or all agreement conditions, including pricing at expiration of the initial one year
contract.
This proposal is in effect for 90 days. After that time, CrawfordlFPE reserves the right to modify
any or all ponions of this proposal, including pricing.
5
TROY A. BWSON, ARM, AAI
Safety Consultant
Safety Unit Supervisor
Mr. Benson provides safety and health consulting services for school districts, manufacturers,
environmental consultants and hazardous waste contractors. He is skilled at conducting safety
program audits to assess compliance with federal, state and local safety and health regulations.
As a skilled trainer, he has developed numerous training programs to assist clients with
regulatory compliance activities.
Prior to joining Crawford & Company/FPE, Mr. Benson was a Senior Loss Control Consultant
with Gallagher Bassett Services. His responsibilities included account coordination and safety
consulting to large self-insurance pools of school districts and local governments in Arizona,
California, Colorado and Illinois. Mr. Benson was also responsible for safety consulting services
for all Southern California locations of a leading international hotel chain and a prominent
canlbottle manufacturer.
Prior to entering the consulting field, Mr. Benson was an Assistant City Manager of a suburban
Chicago municipality. His duties included safety program development along with other
administrative responsibilities for this full service community.
Mr. Benson holds a B.A. degree in Business, Political Science and Public Administration from
Augustana College. He is a M.A. candidate in Public Administration at the University of
Illinois. He has attained the Associate in Risk Management (ARM) and Accredited Advisor of
Insurance (AAI) designations, and is pursuing the Chartered Property Casualty Underwriter
(CPCU) designation. Other educational activities include completion of training courses on basic
governmental risk management, ergonomics and the NFPA Life Safety Code. He is'a member
of ASSE and the Southern California Industrial Safety Society.
X. J. (JOE) PADILLA, CSP
Safety Consultant
Mr. Padilla provides safety consulting to many corporate clients, relying on his vast experience
in the petrochemical and manufacturing industries. He is skilled at program evaluations and loss
analysis, compliance assessment and safety management development.
Prior to joining Crawford & Company Risk Control Services, Joe Padilla was the Corporate
Staff Safety and Health Advisor for Atlantic Richfield (ARCO) from 1989 until 1991. Prior to
that position Mr. Padilla was a Senior Safety Advisor for ARCO Marine and before that, the
Supervisor, Safety and Health, at Four Comers Pipe Line Company, an ARCO subsidiary. He
was at Four Comers from 1978 until reassignment in 1987 to ARCO Marine.
Mr. Padilla began his safety career as a Fire Captain with the City of Vernon, California Firl
Department. During his twelve years with the department, Joe supervised engine and ladder
companies and spent the last ten department years in the Fire Prevention Bureau where he
developed an extensive knowledge of fire and lift safety codes.
Joe Padilla is also a Wanant Officer in the US Coast Guard Reserve, a position he has proudly
held for the last twenty-three years. While on his annual active duty, he is assigned positions
that are heavily involved in marine safety, including fire fighting and podvessel safety
inspections.
Mr. Padilla has a Bachelor of Science degree in Public Administration from the University of
Southern California. He is also a Certified Safety Professional by exam, holding Certificate
#8522. He has successfully passed additional courses in Safety Management, Industrial Safety
and OSHA Hazardous Waste Regulations conducted by the University of Southern California.
Joe holds memberships in the American Society of Safety Engineers, Board of Certified Safety
Professionals, National Fire Protection Association and National Safety Council.
-
RISK CONTROL SERVICES
The FPE Group
BRANCH MANAGER
DALE KOPRlNlK
TERENCE H. WONG
Industrial Hygienist
Mr. Wong's experience includes industrial hygiene, safety, hazardous waste management, and
health and safety training, He has participated in numerous industrial hygiene surveys, conducted
health and safety training, and written health and safety plans and programs.
Prior to joining Crawford & CoJFPE, Mr. Wong was an Industrial Hygienist with the County
Sanitation Districts. of Los Angeles. As the Industrial Hygienist, he was responsible for
implementing and maintaining various aspects of the Districts' health and safety programs, He
conducted monthly training sessions on topics such as confined space' entry, 'hazard
communication, and respirator usage and fit testing. In addition, he was responsible for
monitoring employees to determine exposure to hazardous materials, developing and
implementing the Injury and Illness Prevention Program for the Water Reclamation Plants and
evaluating chemical and physical health hazards.
As the Health and Safety Coordinator for a construction firm, Mr. Wong conducted site safety
inspections on all projects to ensure that all safety hazards were identified and corrected. In
addition, he served as the site safety officer for all hazardous waste clean-up projects on oil
refineries, maintained the medical surveillance program for employees, conducted respirator
training and fit testing and developed site safety and health plans for special projects involving
exposure to hazardous materials.
While working for a consultant in the private sector, Mr. Wong conducted industrial hygiene
surveys for various industries, including the motion picture, petroleum, and aerospace industries.
The surveys included personal monitoring for chemical contaminants, building inspections for
asbestos, and recommendations based upon the findings. He also conducted environmental site
assessments, certified underground storage tanks for removal and conducted air sampling of
external source8 to determine compliance with South Coast Air Quality Management District rules
and regulations.
Mr. Wong holds a Master's degree in Industrial Hygiene and a Bachelor's degree in Architecture
from the University of Southern California. He is also certified as a Building Inspector and
"Competent Person-Supervisor" for asbestos projects. He has completed 40 hours of health and
safety training for hazardous waste site workers. Mr. Wong is currently a member of the
American Industrial Hygiene Association, the American Society of Safety Engineers, and the Air
and Waste Management Association.
SAFW a ENVIRONMENTAL CONSULTING- INDUSTRIAL HYGIENE-DRIVER 6 EMPLOYEE TRAINING-FIRE PROTECTION 4001 VIA ORO. SUITE 105 C LONG BEACH, CALIFORNIA 90810 C 18008705150 (310) 8306795 0 FAX (310) 830-6901
REFERENCES
-"Ms. Mary Gene Ryan
County of Ventura
Health, Safety and Loss Prevention Officer
Ventura, CA
(805) 654-31 28
Ventura County is a CrawfordlFPE Risk Control Services account of several years that is serviced by Troy
Benson and other consultants from the Long Beach office.
/ Ms. Kemba Olabisi
Risk Manager
ASCIP Self-Insurance Pool
Qowney, CA
(310) 922-6594
Troy Benson provided services through Gallagher Bassett Services (former, employer) as .account
coordinator from 1988-1 990. ASCIP is a self-insurance pool of 54 school districts in Los Angeles and
Counties.
Mr. David Littell
Director of Operations and Maintenance
Loyola Marymount University
Los Angeles, CA
(310) 338-2760
Loyola Marymount has been a CrawfordlFPE client since 1989. Most of the work has involved Indoor alr
quality surveys, asbestos inspections and other industrial hygiene services. Sylvia Fontes has been the
primary consultant working with this client.
"I Ms. Margaret Smith
Personnel Officer
City of Hesperia
Hesperia. CA
(619) 947-1000
PUBLIC ENTITY SAFETY & HEALTH CONSULTING
(1986-1992)
AC Transit
Alarneda County Schools Ins. Groc?
Alum Rock Union Elementary School District
Association of California Hospital Districts '
Eay Area Housing Authority fiisk Mgmt Agency
Bay Area Rapid Transit District
California Association of Recreation and Park
Districts
California Housing Authority Risk Management
Agency
California State Compensation Insurance Fund
California Transit Insurance Pool
Central Region School Ins. Group
Central San Joaquin Valley Risk Management
Aurhority
City of Benicia
City of Beverly Hills
City of Pleasanton
City of San Carlos
City and County of San Francisco
City of San Mateo
City of Suisun
City of Walnut Creek
City of Whittier
Coachella Valley Joint Power Insurance Authority
County of Fresno
County of Humboldt
County of Kern
County of Lake
County of Los Angeles
County of Sacramento Parks & Recreation
County of Santa Clara
County of Santa Clara Office of Education
County of Solano
County of Sonoma
County of Ventura
CSAC Excess Insurance Authority
East Bay Municipal Utilities District
East Bay Parks District
Eureka Valley Recreation Center
General Services Administration
Gilroy Unified School District
Golden Gate Bridge, Highway and Transit District
Hayward Area Recreational District
La Canada Unified School District
Lemoor Naval Air Station
Loyola Marymount University
Los Angeles County Sanitation District
Long Beach Community College District
Marin County Risk Management Authority
Montebello Unified School District
Monterey-Salinas Transit District
Naps Valley College
National Association of Recreation & Park Districts
Newark School District
Orange County Cities Risk Management AulhoriW
Depanrnent
12/3/92
,-
Paratransit Insuiante Cocporation
Redwood Empire Schools Insurance Fund
fiowland Heights Unified School District
Sacramento Light Rail
Sacramento fiegional Transit District
szn Diego IJe;rop3lit8n Trar,s;t i3is:rict Sczrd
Sin Diego Trolley
Sin Francisco Unified School Dis:rict
San ldateo County Tramit District
Santa Rosa City Schools
Solano County Office of Education
Sourh Eayside System Authority
Sin Mateo County Cities Insurance Group
State of California
California Youth Authority
Depanment of Developmental Service
Depanment of Mental Health
State Compensation Insurance Fund
State of Idaho Depanment of Parks & Recreation
State of Michigan
State of South Dakota
Tamalpais Union School District
Valley Insurance Program’s (School Districts)
PROPOSED RISK CONTROL EVALUATION OUTLINE
I. Management And Structure of Risk Control Program
-Safety Responsibilities Formalized (All Levels)
-Safety Program ManuallPolicies Established
-Safety Program Goals Established
-Accountability System Established
-Allocation Of TimelResources For Safety
II. ManagementlSupervisor Participation
-Safety PolicieslProcedures Establishedllmplemented
"Safety Training Provided To ManagementlSupervisors
-Safety Included In ManagementlSupewisory Meetings
-Availability/Use Of Safety Resourcesllnformation
-Allocation Of TimelResources For Safety -Management/Supewisor Review of Accident StatisticslSafety Activities
-Management/Supervisor Participation In Safety Related Activities
111. Training
-Training Needs Identified (Management/SupervisorlEmployee)
-Formal Training Program Established (New Hire, Continuing Employees)
-Training Schedule EstablishedlFollowed
-Training Topics Meet NeedslRegulatory Requirements
-Documentation Of Training Activities Maintained
IV. Employee Safety AwarenesslCompliance Activities
-Disciplinary Policy EstablishedlEnforced
-Hazard Reporting Program
-Safety Suggestion Program
-Incentive/Award Programs
-Use Of PosterslBunetinsIWritten Materials
-Accident Statistics PostedlDistributed
V. Self-Inspection Activities
-Inspection Procedures/Schedule Established
-Forms/lnspecrion Items Developed
-Work Order Request Form Utilized
-Hazards/Corrective Action Documented
-Fire ProtectionlSuppression Equipment Tested
-Fire/Life Safety Building Features Reviewed (Exits. Emergency Lights Etc.)
VI. Accident InvestigationlReporting
-Formal Procedures EstablishedlResponsibility Assigned
-Accident Investigation Training Provided
-Management/Supervisor Investigations Conducted
-Accident Cause DeterminedlDocumented
-Corrective Action Documented
-Accident ReponslRecords Maintained
VII. Injury and Illness Controls
-Employee SelectionlHiring Procedures Established
-Formal Job Requirements/Descriptions Established
-Relationship With Doctor/Clinic Established
-Medical ScreeninglMonitoring Program Established
-Return To Work Program Utilized
-Wellness Activities Utilized
-EAP Programs Available
-Claim Status Review Meetings Held
VIII. Recordkeeping
-StatelFederal Required Postings
-OSHA 200 Log, Employer's First Report of Injury Form
-First Aid Log
-Accident Investigations And Related Repons
-ManagerlSupervisorlEmployee Training Documentation
-Self-InspectionlHazard Reports
-Accident Statistics
-Safety MeetinglSafety Committee Records
-Performance Evaluations
-Disciplinary Action
-Certificates of Insurance (Outside Contractors)
-Preventative Maintenance Activities
-Employee Exposure Monitoring Documents (Noise. Chemicals EtC.1
IX. Regulatory Compliance Programs
-Hazard Communication
-Personal Protection EqclJment
-Emergency ActionIFire -revention Plan
-Respiratory Protection P: ogram
-Hearing Conservation
-Lockout/Tagout Procedu.es
-Confined Space Entry P*>gram
-Equipment Inspection/C<rtification
X. Fleet
-Fleet Safety Rules Estat shed
-Preventative Maintenant I Program Established
-Vehicle Servicing/lnspec: ons Documented
-Driver's License Verified At Hire
-Motor Vehicle Record Ckecked At Hire/Annually Thereafter
-Driver Eligibility Require:.lents Established
-Road Tests Conducted or Specialty Vehicles/Equipment
-Written Tests Conductc j For Specialty VehiclesEquipment
-Vehicle Orientation/Dri\ :r Training Provided
SERVICE COSTS
OCTOBER 25, 1993
The WE Group
CITY OF CARLSBAD PROPOSAL BRANCH MANAGER DALE KOPRlNlK
Phase I -Work Activities Review and Safetv Incentive Proaram Analvsis and Phase II ~ llPP Audit
The combined fee estimate for these proposed services is a flat fee of Ten Thousand Five Hundred
Dollars ($ 10,500).
SAFETY 8 ENVIRONMENTAL CONSULTING-INDUSTRIAL HYGIENE-DRIVER a EMPLOYEE TRAINING-FIRE PROTECTION 4001 VIA ORO, SUITE 105 C LONG BEACH, CALIFORNIA 90810 0 1-800470-5150 (310) 8306795 C. FAX (310) 830-6901
01-13-94 12:50 PM FROU C”715 1 HO RISK
9.
PO2
January 13, 1994
Dah X0 rinik, our Ride Control 8ervIQ.s Brmah Mumgmr in mg Bmaoh, Ea8 authority to 8ign a rervica aontract wlth the City of Carlabad.
Robmrt T. rittlm, A.V.P. arational Dlrwtor - Operation, Rink Control aerviarn