Loading...
HomeMy WebLinkAboutAgenda Report - June 6, 2018 C-19TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM ciq AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement for Lodi Electric Utility Safety Assessment with ESCI Inc., of Bellingham, Washington ($67,800) MEETING DATE: PREPARED BY: June 6, 2018 Electric Utility Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a professional services agreement for a Lodi Electric Utility safety assessment with ESCI Inc., of Bellingham, Washington in an amount not to exceed $67,800. BACKGROUND INFORMATION A workforce goal, established in accordance with the Lodi Electric Utility (LEU) Strategic Plan as adopted by the City Council in October 2017, is to "maintain a culture of safety throughout the electric utility to achieve zero lost time incidents." In order to meet this goal, a Request for Proposal was issued February 9, 2018 to obtain proposals from experts in the field of worker/workplace safety with a particular focus in the areas of line construction, distribution substations, and system operations for electric distribution utilities. The objective is to provide management with the information needed to ensure safe working conditions for all LEU staff by affirming and/or recommending appropriate safety policies, procedures, practices, and training in accordance with each job function, along with applicable key performance indicators to track safety compliance and incentivize a culture of safety. Three safety consultants submitted proposals. A review panel consisting of the LEU management team and the City's Risk Manager evaluated two proposals and interviewed each consultant. The panel recommended ESCI Inc. based on the project team's extensive experience in the subject matter with multiple California electric utilities. A third proposal was priced at more than seven times the others and not considered. Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement for a safety assessment of the electric utility with ESCI Inc. of Bellingham, Washington, in an amount not to exceed $67,800. FISCAL IMPACT: Not to exceed $67,800. This project does not impact the General Fund as all costs are incurred by the Electric Utility. FUNDING AVAILABLE: Included in FY2018/19 Electric Utility Budget Account No. 50060001. Andrew Keys, Deputy City ana er Eliza fa`th A. Kirkleq, Electric Utili'rector APPROVED: chwabaue . ty Manager AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2018, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and ESCI, Incorporated, a Washington corporation doing business in California as Electrical Safety Consultants, Inc. (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for a Lodi Electric Utility Safety Assessment (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on July 1, 2018 and terminates upon the completion of the Scope of Services or on December 31, 2018, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Elizabeth Kirkley, Electric Utility Director To CONTRACTOR: ESCI, Inc. PO Box 2822 Bellingham, WA 98227 Attn: Brian Erga, President Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability. and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: CITY OF LODI, a municipal corporation JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney ESCI, Incorporated, a Washington corporation doing business in California as Electrical Safety Consultants, Inc. By: By: Name Brian Erga Title: President Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 50060001.72450 (Business Unit & Account No.) Doc ID: CA:Rev.01.2015 8 EXHIBIT A ESC! str�tT. r�.r,� &(onto Gig 5t ces March 23, 2018 Elizabeth Kirkley EU Director City of Lodi Electric Utility 1331 South Ham Lane Lodi, CA 95242 RE: City of Lodi Electric Utility Safety Assessment Proposal Dear Elizabeth, Thank you for the opportunity to provide an ESCI proposal to City of Lodi (LEU) involving. an Electric Utility Safety Assessment. ESCI is the industry leader in electric utility safety training, consulting and work methods development. We have provided our unique services to more than 225 utilities across the United States and Canada (see attached list of ESCI customers). ESCI has conducted many similar electric utility safety assessments for other utilities. ESCI's Electric Utility Safety Assessment Methodology ESCI's safety assessment methodology begins with the use of highly experienced and skilled professionals who have decades of experience in the electric utility industry. These ESCI professionals have many years of experience performing operations, maintenance and construction of electric utility lines and equipment. And, they are highly experienced in conducting electric utility safety assessments like this project. ESCI uses a project management approach beginning with a meeting involving ESCI's project team leader and LEU's management to first develop a working relationship and combined team approach to the project. The meeting will cover the details and logistic requirements of both parties. The timeline, detailed in the RFP, will be reviewed and approved by both parties with set milestones. The meeting will conclude with a defined 1 EXHIBIT A outline of deliverables LEU's management will expect to receive in ESCI's final documents. ESCI will conduct a complete review of LEU's current safety and health procedures, work methods procedures, corporate operating policies, union/management collective bargaining agreement (if applicable), past safety audits, safety training programs and other related programs and documents. ESCI will review LEU's past documented injuries and causes, and assess current safety and work methods training subjects, retraining schedules and the job functions of the affected workers. Through interviews with workers, first line supervisors, and middle and top management, the ESCI professionals will be able to assess the actual current safety culture compared with the perceived culture. Most of the data collected will be from visual assessments, with follow-up interviews of the entire crew or individual crew members to determine the level of knowledge of the company's safety and work methods policy and the Federal, State and Local regulations related to the work being performed. An itemized assessment form will be developed by ESCI's staff to include comparisons between actual work practices observed and the company's written procedures for the task(s). ESCI will chart discrepancies within each entity. Each assessment performed will be verbally discussed with each crew and/or the area management, covering items noted. Items discussed and noted will be included in the final written report. Another benefit ESCI brings to this assessment is a strong working relationship with David Mullen, Director of Safety and Health, IBEW International, Washington DC, and many IBEW Local 1245 officers and members. Many of ESCI professionals are IBEW members. ESCI's Electric Utility Safety Assessment Process This electric utility safety assessment will include four phases as detailed below: 2 EXHIBIT A Phase #1 — Meeting with ESCI and LEU Duration: 1 day at LEU facilities ESCI's project team leader will meet with LEU's management to cover the details and logistic requirements of both parties. The timeline will be approved by both parties with set milestones. The meeting will conclude with a defined outline of deliverables the LEU's management will expect to receive in ESCI's final documents. It is recommended that an LEU manager be assigned as a single contact source for ESCI interaction, attaining related LEU documents and scheduling of on-site visits. Phase #2 — Review the Existing Safety Program and Current Work Practices to Develop a "Task Specific" Auditing Strategy — Duration: 3 days at ESCI's facilities A. Review LEU's current safety and health procedures, work methods procedures, corporate operating policies, union/management collective bargaining agreement (if applicable), past safety audits, safety training programs and other related programs and documents. B. Review LEU's observation and feedback process currently being used by your company. C. Review LEU's current Safety Department and Operations Group structure and responsibilities related to your overall safety program and goals. D. Phase #2 staffing level: Three ESCI safety and training professionals. Phase #3 Field and Facility Audits, Assessment and Interviews - Duration: 5 days on-site at your facilities A. Interview key managers and selected staff to develop a clear understanding of your overall safety and health structure and program. B. Conduct safety and health audits. Each audit will include the completion of ESCI's safety audit form. C. Make informal PowerPoint presentation to Management on the last day of audits discussing major items discovered. D. Phase #3 staffing level: Three safety and training professionals experienced in electric utility operations, maintenance and construction. 3 EXHIBIT A Phase #4 Written Report Duration 4 days at ESCI's facilities A. Assemble audit reports developed in Phase #3. B. Analyze the data collected and identify the strengths and weaknesses found during the audit process. C. Review employee compliance with company safety policies, your company's published work methods and Federal, State and Local codes and regulations. D. Assess the effectiveness of the current safety training program and record keeping. E. Report on the level of compliance, detailing areas where non- compliance was observed. F. Provide detailed management recommendations for improvements in the company's overall safety program. G. Provide an ESCI proposal to provide training programs to improve areas found in the audit needing additional training. H. Publish a formal written report including the above information. I. Phase #4 Staffing Level: One ESCI safety and training professional, and one technical writer. About ESCI ESCI was founded in 1990 to provide safety training courses to electric utility workers. Since then, ESCI has developed a staff of 22 nationally recognized utility professionals with expertise in many utility subjects. More than 75% of ESCI's business is electric utility safety and training services. The other 25% of ESCI's business is providing safety assessments like this proposal, specific electric utility safety training, work methods development and much more. ESCI provides to public and private utilities, electrical contractors, federal, state and city organizations: • Monthly safety training, consulting, job and facility audits and assistance developing safety and work methods procedures for more than 100 electric utilities across the country • Specialized, project specific, electric utility safety training, consulting services and work methods development for electric utilities across the country 4 EXHIBIT A • 29 CFR OSHA 1910, 29 CFR OSHA 1926 and CaIOSHA Title 8 regulations, interpretations and compliance consulting • Specific interpretation and compliance consulting of 29 CFR OSHA 1910.269, 29 CFR OSHA 1926 Subpart V, and CaIOSHA Title 8, Subchapter 5 "Electrical Safety Orders," regulation interpretation and compliance consulting • Live -line hot -stick, rubber glove and bare -hand classroom and field training, covering voltages from 4 kV to 765 kV • Health and wellness programs and services for all employees • FR Body protection assessments and policy development, per 29 CFR OSHA 1910.269(1)(8), CaIOSHA Title 8, Subchapter 5, Group 2, Article 26, 2940.6(j) and NFPA 70E • Distribution, transmission and substation maintenance and operation support services • Substation maintenance management programs • Expert witness services for litigation proceedings • On-site equipment safety inspections • Forensic engineering of accidents for litigation preparation • Consulting services to manufacturers and suppliers for equipment design and qualification for utility applications • Assistance developing and maintaining safety manuals, safety work methods and safety policies (fall protection, FR clothing, confined space, MSDS, trenching and shoring, grounding, switching, clearances and LO/TO, MAD, etc.) • Access to ESCI's professional staff concerning industry accepted safety procedures, work methods, NESC, ASTM and IEEE interpretations and updates • Craft -specific work methods development, such as: o High Voltage and Low Voltage Work Methods o Lockout/Tagout and Clearances o Confined Space o Fall Protection o Heat Stress o Minimum Approach Distance o Personal Protective Grounding o Trenching and Shoring o Respirator Use o Work Over Water o Hazard Communication Standard Requirements 5 EXHIBIT A o Personal Protective Equipment (PPE) Across the nation ESCI provides ongoing safety and training services to public power entities including: • Canby Utilities • City of Centralia • City of Cheney • City of Forest Grove • City of Ketchikan • City of Malta • City of Safford • City of McMinnville Water and Light • City of Monmouth Power and Light • City of Vera Water and Power In California, ESCI provides ongoing safety and training services to public power entities: • Turlock Irrigation District • Merced Irrigation District • Truckee Donner PUD • Anza Electric Co-op • City of Lompoc • City of Redding • Imperial Irrigation District • City of Vernon ESCI customer contacts: Steve Trevino Superintendent Truckee Donner PUD stevetrevion antdpud.org 530-448-3080 6 EXHIBIT A Carlos Agueda Environmental, Health & Safety Manager Turlock Irrigation District caagueda@tid.org 209-883-8368 Juan Sandoval Manager E & 0 Merced Irrigation District jsandoval@mercedid.org 209-631-2729 Jon Moore Safety Coordinator City of Redding jsmoore@reupower.com 530-366-2555 Tim Dickerson Line Superintendent Imperial Irrigation District tjdickerson@iid.com 760-398-5845 ESCI's Professional Staff ESCI's professionals are recognized across the country as industry leaders in the electric and public utility industry. ESCI's staff collectively totals more than 750 years of electric and public utility knowledge and expertise gained from working with utilities across the nation. ESCI includes professionals who have retired and joined ESCI from some of the largest utility organizations in the country. Each staff member has many years of technical, hands-on, trade specific, supervisory and management experience. We have held positions as: • General managers • Engineering managers • Federal OSHA department heads • IBEW journeymen substation electricians and line workers 7 EXHIBIT A • Test lab directors • Line superintendents • IBEW line and substation foreman • Directors of safety departments • International training instructors • Distribution, transmission and substation design, construction, maintenance and operations technicians and managers ESCI's staff of professionals are active committee members and chairpersons for utility organizations, associations, committees, work groups, and task forces including: • Institute of Electrical and Electronic Engineers (IEEE) Power Engineering Society • Engineering in the Safety, Maintenance, and Operations of Lines Subcommittee (ESMOL) which includes committees and task forces covering: ✓ IEEE 516 Live Work Guide ✓ Conductive Clothing Task Force ✓ Fall Protection Task Force ✓ Insulator Cleaning Task Force ✓ Worker in the Air Gap Working Group ✓ Maximum Transient Overvoltage Task Force ✓ Work Methods Working Group ✓ Broken Insulator Task Force ✓ IEEE 1048 Grounding Task Force ✓ ESMO/NESC Coordinating Working Group ✓ Mechanical Equipment Task Force ✓ Underground Grounding Task Force • International Electric Commission (IEC) United States Representative to IEC TC 78 • National Electrical Safety Code (NESC) NESC C-2 "Work Methods" Subcommittee • National Safety Council Utilities Division (NSC) • Northwest Public Power Association (NWPPA) • American Society of Safety Engineers • National Safety Council 8 EXHIBIT A • United States Federal OSHA consultants • American Society for Testing and Materials (ASTM), F18 Committee including: • ✓ FR body protection ✓ Grounding equipment ✓ Insulating tools ✓ Insulating blanket and cover-up • Midwest Electric Association There is no other organization who has assembled a group of experts as impressive as ESCI's professional staff, who include: Brian Erga Gretchen Erga David Wallis Kris Buchholz Joe Jackson Jim Craker Bob Bennett Dave Ireland George Gela Jerry Lemm John O'Loughlin Martin Church Edmundo Avila Brian Pollom Brian Pugliese Tom Raster Hector Silva Tom Verdecchio Bonnie Parten Kate Weisel Kendahl Cruver President Director of Health and Wellness Director of Standards and Work Rules Director of Special Projects Safety and Training Manager Safety and Training Manager Safety and Training Manager Safety and Training Manager Director of Testing and Research Safety and Training Manager Safety and Training Manager Safety and Training Manager Safety and Training Manager Director of AMR/AMI Smart Grid Director of AMR/AMI Smart Grid Director of Special Projects Safety and Training Manager Director of Live -line Work Methods and Training Office manager Format development designer Technical editor 9 EXHIBIT A ESCI's Project Team ESCI's project team to conduct an electric utility safety assessment LEU will include: • Hector Silva, ESCI Safety and Training Manager • Martin Church, ESCI Safety and Training Manager • Edmundo Avila, Safety and Training Manager • David Wallis, ESCI Director of Standards and Work Rules • Kate Weisel, ESCI Technical Writer • Kendahl Cruver, ESCI Technical Editor • Gretchen Erga, Director of Health and Wellness Hector Silva will be the ESCI project lead, coordinating directly with the assigned LEU contact person. Mr. Silva will be involved in all aspects of this project. Mr. Silva, Mr. Church and Mr. Avila will review all documents, conduct interviews, perform audits and assessment, and develop the final report. Ms. Erga will review all LEU documents related to Federal and State health and wellness regulations. Ms. Kendahl Cruver will provide the technical editing review of all generated documents. Ms. Weisel will provide the technical writing support and assist in the development of the final written report. ESCI is honored to have on staff, Mr. David Wallis, ESCI Director of Standards and Work Rules. Mr. Wallis spent 41 years in Federal OSHA's Washington DC office of standards development. David is the author of the 1994 publication of 29 CFR OSHA 1910.269, and the 2014 revision and publication of 29 CFR OSHA 1910.269 and 29 CFR OSHA 1926 Subpart V. Mr. Wallis is also the author of Federal OSHA's Fall Protection Standard, Confined Space Standard and many other Federal OSHA regulations. Mr. Wallis will review all related written Federal and State regulatory documents. I have attached the resumes of each of the professionals above for your review. ESCI does approximately $2,000,000.00 in sales each year and retains the necessary resources to complete this project as requested in this proposal. 10 EXHIBIT A The timeline detailed in the RFP, page 6, seems reasonable and the ESCI team can commit the needed resources to meet this timeline. Other Electric Utility Safety Assessments conducted by ESCI Southwestern Electric Co-op Bob Williams COO 525 US Route 40 Greenville, IL Bobby.williams@sweci.com Asplundh Tree Experts Tim Walsh Director, Safety Operations Cell: 215-801-6301 Office: 2125-784-4425 Pedernales Electric Co-op Richard Arellano Cedar Park District, District Manager 1949 West Whitestone Blvd. Cedar Park, Texas 78613 1-800-868-4791 x7400 Hawaii Electric Jay Ignacio President 808-969-0124 PO Box 1027 Hilo Hawaii 96721 jay.ignacio@helcohi.com Maui Electric Joseph Kentz Operation Manager 808-872-3224 PO Box 398 Kahului, Hawaii 96733 joseph.kentx@mauielectric.com 11 EXHIBIT A Northeastern Line Constructors Chapter NECA Jamie Atkins, Northline Utilities LLC. President 518-569-8702 JAtkins(cr�northlinellc.com 700 White Plains RD, Suite 271, Scarsdale, NY 10583 March 2017 to: September 2017 Reviewed existing safety manual, recommended and made changes to update the document to current regulations and industry standards Wilson Construction Company Ward Andrews Safety Director PO Box 1190 Canby, OR 97013 503-263-6882 wandrews@wilsonconst.com Salt River Project Jan Miller Director, Talent Management Jan. Miller srpnet.com 602-236-5745 PG&E Steven Zubiri Sr. Transmission Work Procedure Specialist Methods & Procedures SxZ4@pge.com 530-601-6367 City'of Trinidad, Colorado Dean Duran Electric Services Division Dean. Duran@Trinidad.co.gov Similar Work References: Over ESCI's 20 plus years in the safety training, consulting and work methods development, we have worked on hundreds of large and small projects like this RFP. Listed below are a few examples: 12 EXHIBIT A July 2016, ESCI developed a written respiratory protection program for the City of Vernon, California. Contact, Don Quiroz, Vernon Gas & Electric, dquiroz@ci.vernon.ca.us November 2016, ESCI developed a written EPRI-Lenox Training Manual for Electric Power Research Institute's (EPRI's) Lenox high voltage laboratory. Contact, MMessana(a7epri.com. September 2016, ESCI developed a written personal protective grounding work method.for Hawaiian Electric, and provided extensive training to affected employees. Contact, Patrick O'Toole, patrick.otoole cx,hawaiianelectric.com October 2016, ESCI revised the Northeast Line NECA safety manual. Contact, Jamie Atkins, Northline Utilities, JAtkins northlinellc.com. March 2016, ESCI revised San Diego Gas & Electric's (SDG&E's) personal protective grounding manual, and provided training to all affected employees. Then in May 2017, ESCI revised the SDG&E's substation personal protective grounding manual, and provided training to affected employees. Contact, Jim Brix, JBrixasemprautilities.com. Pacific Gas & Electric (PG&E): In January 2015, ESCI revised and updated PG&E's 500 kV bare -hand manual. October 2016, ESCI revised and updated PG&E's insulator washing guide. March 2014, ESCI developed a transmission hot stick manual, and provided extensive training to affected employees. March 2013, ESCI revised PG&E's grounding manual. Contact, Steve Zubiri, sxz4(a�pge.com. March 2013, ESCI conducted an extensive assessment of Salt River Project's technical training process, and published a report on the findings. The assessment included 5 ESCI professionals and lasted three months. Contact, Nancy Blevins, Nancy. Blevins(cr�srpnet.corr1 March 2015, ESCI revised Ameren Illinois, personal protective grounding manual, and provided training to all affected employees. Contact, Eric Detweiler, EDetweiler@ameren.com, 13 EXHIBIT A Resources to be used by ESCI ESCI will use its extensive knowledge in Federal 29 CFR OSHA 1910.269, CFR OSHA 1926 and CaIOSHA Title 8 regulations, to assess the current content City of Lodi safety program. Note: The City of Lodi is under the jurisdiction of CaIOSHA regulations. However, much of CaIOSHA's regulations come directly from Federal OSHA, and along with these identical regulations comes Federal OSHA's interpretation of the paragraph. ESCI will also use its vast knowledge of industry accepted standards developed by the IEEE, NESC, ASTM, ANSI, NEC and NFPA 70E, to ensure the assessment of City's safety program is current to industry best practices, and in full compliance with regulatory bodies. Compensation — Not to exceed total cost for the above safety assessment: $67,800.00. This includes,all travel expenses. Refer to the attached ESCI fee schedule for billing details. Additional meetings requested by LEU would be charged at the daily consulting fee. If you have any questions, please contact me at 360-67-8088 or briancesci. net. The entire ESCI professional staff looks forward to working with you and your associates. Sincerely, —&-44:441 Brian Erga President ESCI Inc brian@esci.net www.esci.net 14 ESCI Salta y, tirairdri & Cantu ftIrtg 5e rrecxs ESCI Inc. Consulting Fee Schedule Effective 3/1/18 — 12/31/18 Fee Schedule On -Site Consulting Fee per ESCI Professional Travel Fee Exhibit B Rate $2,400.00 Daily Rate (8 hour max.) All in -office consulting services including document review, audits, report development, analysis and research Technical Editor and Technical Writer $1,200.00 (charged once per trip per ESCI professional) $325.00 Hourly Rate $150.00 Hourly Rate Travel Expenses: 1. All travel will be conducted at standard business class level with an estimated cost breakdown (per day, per ESCI professional): a. Air travel b. Hotel c. Rental car d. Meals e. Misc. travel expenses $500.00 $150.00 $100.00 $ 80.00 $ 40.00 Invoices to be billed on a time and materials basis with a total not to exceed amount of $67,800 for the Scope of Services outlined in Exhibit A of this Agreement for Professional Services with the City of Lodi. 1 EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage. Jnsurar3gg Reauirernents for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them. In the event Contractor's insurance cannot fully cover any hired subconsultants, the terms of insurance herein shall be requirements for the subconsultant. The amount of such insurance shall be as follows: COMPREHENSIVE GENERAL LIABILITY $2,000,000 Each Occurrence $4,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS $1,000,000 Each Claim/Aggregate When project specific insurance is required, all limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: Jnurange Reagirements For ContractoL(continued) (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides commercial general liability coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's commercial general liability and automobile liability policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a Page 1 I of 2 pages 1 Risk: rev.08.28.2017 description of the oroiect that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. (e) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (f) (g) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. 110[grkers_ Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 1 of 2 pages Risk: rev.08.28.2017 RESOLUTION NO. 2018-105 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR A LODI ELECTRIC UTILITY SAFETY ASSESSMENT WITH ESCI, INC., OF BELLINGHAM, WASHINGTON WHEREAS, a workforce goal, established in accordance with the Lodi Electric Utility (LEU) Strategic Plan as adopted by the City Council in October 2017, is to "maintain a culture of safety throughout the electric utility to achieve zero lost time incidents;" and WHEREAS, in order to meet this goal, a Request for Proposal was issued February 9, 2018, to obtain proposals from highly -qualified Subject Matter Experts in the field of worker/workplace safety with a particular focus in the areas of line construction, distribution substations, and system operations for electric distribution utilities with an objective to provide management with the information needed to ensure safe working conditions for all LEU staff by affirming and/or recommending appropriate safety policies, procedures, practices, and training in accordance with each job function, along with applicable key performance indicators to track safety compliance and to incentivize a culture of safety; and WHEREAS, three safety consultants submitted proposals, one of which was not considered as the total not -to -exceed amount was over seven times that of the other two proposals; and WHEREAS, a review panel consisting of the LEU management team and the City's Risk Manager evaluated the remaining two proposals and interviewed each consultant; and WHEREAS, the panel recommended ESCI, Inc., based on the project team's extensive experience in the subject matter with multiple California electric utilities; and WHEREAS, staff recommends the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement for a safety assessment of the electric utility with ESCI, Inc., of Bellingham, Washington, in an amount not to exceed $67,800; and WHEREAS, funding is available in Fiscal Year 2018/19 Electric Utility Budget Account No. 50060001. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a professional services agreement for a Lodi Electric Utility Safety assessment with ESCI, Inc., of Bellingham, Washington, in an amount not to exceed $67,800. Dated: June 6, 2018 I hereby certify that Resolution No. 2018-105 was passed and adopted by the City Council of the City of Lodi in a regular meeting held on June 6, 2018 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Nakanishi ABSTAIN COUNCIL MEMBERS — None NNIFER FERRAIOLO City Clerk 2018-105