HomeMy WebLinkAboutItem 03 - Safety ServicesMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER
FEBRUARY 6, 2001
CONTRACT APPROVAL - SAFETY SERVICES
City Council to consider renewal of a contract with System Safety International in the
amount of $28,850.00 to provide safety consulting services and authorize the City
Manager as signatory.
FUNDING SOURCE:
Funds are available in account #312-45554-1 Workers Compensation.
BACKGROUND:
Last year, System Safety International provided a comprehensive safety program for the
operations staff of the City. The program has helped reduce on-the-job accidents,
thereby saving the City money in claims. A summary follows:
Reported Workers Compensation losses for Public Works, Golf and Parks:
1999 $161,869
2000 $ 29,788
Vehicle Accident Report:
1999 18 claims
2000, 10 claims
Based on the success of this past year's safety program, Staff recommends renewal of
the attached contract for safety services to System Safety International in the amount of
$28,850. The City Attorney has reviewed and approved this contract. Staff
recommends approval.
MS/ms
R:WGENDA102-06-01 \safety.jen.doc February 1, 2001 (9:11AM)
THE STATE OF TEXAS
CONTRACT
COUNTY OF TARRANT
Date:
This CONTRACT is made and entered into by and between the CITY OF GRAPEVINE,
a Texas municipal corporation, hereinafter referred to as "City", and System Safety
International, a Texas professional consulting company, whose local address is PO Box
1641, Grapevine, Texas 76099 hereinafter referred to as "System Safety". The terms of
this Contract shall be administered on behalf of the City by its Director of Public Works
or his designated representative, hereinafter referred to as "Director". The decision of
the City Council in all disputes shall be final and binding.
WITNESSETH:
The City hereby contracts for the services of System Safety to prepare and administer a
safety program for the City of Grapevine, Tarrant County, Texas in accordance with the
terms of this contract.
SAFETY PROGRAM DEVELOPMNENT
In accordance with generally accepted guidelines established by the City of Grapevine
Department of Public Works, System Safety agrees to perform, or have performed, the
work necessary to maintain a comprehensive understanding of the safety needs of the
Public Works and Parks and Recreation Departments of the City of Grapevine and
develop as deliverable follows:
• Review and revise Organizational Safety Manual for the Public Works Department and
the Parks and Recreation Department to include:
1. Safety policy statement.
2. Written policies and procedures for eliminating and mitigating hazards
in the workplace.
3. Establishes responsibilities and accountability for management,
supervisors, and employees.
4. Establish Safety Committee goals and procedures for implementation.
• Review and revise "Hazard Analysis" for the Divisions of Public Works and Parks and
Recreation:
1.
Streets Division including construction, paving, drainage and traffic.
2.
Water Distribution
3.
Wastewater Collection
4.
Water Treatment
5.
Wastewater Treatment
6.
Parks and Recreation including park maintenance, aquatics, recreation
7.
Fleet
8.
Building Maintenance
9.
Golf Course
• Review and revise safety handbooks specific to each Division (9) that will include
procedures and measures to eliminate or reduce hazards.
• Prepare Emergency Action Plans for the Municipal Service Center Community
Activities Center and the Senior Activities Center.
• Develop a "New Hire Safety Training Program" to include a video and or power point
and or monthly new hire training. This program would be designed to train- new hires on
the City Safety Program and specific safety hazards associated with their employment.
0 Review and revise abatement measures and training for operational hazards to include
but not limited to as follows:
1. Hazard Communication/MSDS
2. Lockout-Tagout
3. Trenching and Shoring
4. Traffic control in a work zone
5. Confined Space Entry
6. Back Injury Prevention
7. Personal Protective Equipment
8. Working Surfaces -Ladder Safety
9. Hand, Portable Power Tool Safety
10. Underground hazard safety i.e. gas, electric, fiber optic cable
11. First Aid & CPR/Bloodborn Pathogens
12. General Construction Safety
13. Mowing/weedeating safety
14. Pesticide applicator's safety
15. Hazardous Chemical handling i.e. chlorine gas, ammonia, caustic
soda, fluoride, aluminum sulfate, polymer, and potassium permanganate
16. Heavy and Light off road equipment operation
17. Vehicular operation
18. Scott Air Pac utilization
19. Electrical Hazard
20. Laboratory Safety
11
SAFETY PROGRAM • COMPONENT
System Safety International shall establish a Central Safety File System at a location
designated by the Director. Other requirements under this component include:
• Review and revise record keeping requirements including forms and reports.
• Maintain the Safety Program Recordkeeping System.
• Monitor reporting to the Safety File recordkeeping system at each Division
III
SAFETY EDUCATION TRAINING
Safety Training requirements are as follows:
• Conduct Quarterl supervisor training session to provide expertise for toolbox
training sessions held by supervisor (held monthly by supervisor)
• Conduct month) general safety training session on topic relevant to attendees.
(45-60 minutes)
IV
SAFETY INSPECTION
System Safety will conduct quarterly safety inspections of operations in each of the
Divisions (9) designated by the Director.
Inspection reports will be prepared following each inspection which will describe safety
deficiencies observed with recommendations for corrective action. A copy of the
inspection report will be forwarded to designated managers and a copy will be placed in
the appropriate file.
V
ACCIDENT INVESTIGATION
System Safety will provide accident investigation assistance as requested on specific
accidents.
VI
PERIODIC REVIEW
System Safety will conduct a periodic review of the program 11 months after
implementation of the contract and make written recommendations for revision of the
program.
A"
System Safety agrees to complete and submit all work required by City under items I
through VII based on the following schedule:
• Review and revision of the Safety Program 60 days
• Safety Program Record keeping On-going
• Safety Education Training Monthly
• Safety Inspection Quarterly
• Accident Investigation On request
• Periodic Review- 11th Month of Contract
The contract is for a period of (1) year and is renewable upon agreement of all parties.
0 ± -
The TOTAL SAFETY CONSULTING FEE shall be the sum of the BASIC SAFETY
CONSULTIN SERVICES FEE PLUS REIMBURSABLE, (Printing, handbooks or
specialized training requiring certification) THE TOTAL SAFETY CONSULTING FEE
for this Contract shall not exceed Twenty-eight thousand eight hundred and fifty dollars.
($28,850.D0
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Upon acceptance and approval by City of Grapevine: Manuals, record copies of safety
inspections, field notes, and any other related documents or items shall become the
sole property of the City of Grapevine and shall be delivered to City, without restriction
on future use. System Safety may make copies of any and all manuals, notes, etc. and
related documents for his files.
17111
SYSTEM SAFETYS LIABILITI
System Safety agrees to defend, indemnify and hold City, its officers, agents and
employees, harmless against any and all claims, lawsuits, judgments, costs and
expenses including attorney's fees and collection costs for personal injury (including
death, property damage or other harm for which recovery of damages is sought that
may arise out of or be occasioned by the intentional or negligent breach of any of the
terms or provisions of this Contract by System Safety, its officers, agents, associates,
employees or subconsultants, or by any other negligent act or omission of System
Safety, its officers, agents, associates, employees or subconsultants, in the
performance of this Contract; except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the sole negligence of City, its officers,
agents, employees or separate contractors, and in the event of joint and concurrent
negligence of both the System Safety and City, responsibility, if any, shall be
4
apportioned comparatively in accordance with the laws of the State of Texas, without,
however, waiving any governmental immunity available to the City under Texas law and
without waiving any defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create or
grant any rights, contractual or otherwise, to any other person or entity.
IX
CONTRACT TERMINATION
In connection with the work outlined in this Contract, it is agreed that the Director may
cancel or indefinitely suspend further work by written notice to System Safety with the
understanding that immediately upon receipt of said notice all work and labor being
performed under this contract shall cease immediately. Before the end of a thirty (30)
day period following such notice, System Safety shall invoice the City for all work
completed and shall be compensated in accordance with the terms of this Contract for
all work accomplished by Safety Consultant prior to the receipt of said notice, and
approved by Director. No payment shall be made by City to System Safety for lost or
anticipated profits. All plans, field surveys, maps, cross sections and other data related
to the project shall become the property of City upon termination of this Contract.
Nothing herein shall deprive City of its right to terminate this Contract for breach of
same by System Safety and City retains its right to any and all remedies it may have, at
law or at equity, to strictly enforce the terms of this Contract, included, but not limited to,
its right to seek specific performance of the terms hereof. In case of any default by
System Safety, City shall notify System Safety in writing of same. If System Safety
does not remedy the default within ten (10) days of said notice, City may terminate this
Contract for cause and/or pursue any legal remedy it may have against System Safety.
X
APPLICABLE LAW AND VENUE
This Contract is entered into subject to the Charter and Ordinances of the City of
Grapevine, as amended and applicable Federal and Texas State laws. The provisions
of this Contract shall be construed in accordance with the laws and court decisions of
Tarrant County and the State of Texas; and exclusive venue for any litigation which may
be filed by either party hereto in connection with this Contract shall be in Tarrant
County, Texas.
XI
ASSIGNMENT
This Contract shall be deemed personal to System Safety and in no event shall be
sublet or assigned without written approval of City.
A
System Safety agrees that City may review any and all work performed by System
Safety on this project. The relationship of System Safety to City is that of Independent
Contractor.
As a condition of this Contract, System Safety covenants that he will take all necessary
actions to insure that, in connection with any work under this Contract, System Safety,
his associates and subcontractors, will not discriminate in the treatment or employment
of any individual or groups on the grounds of race, color, religion, national origin, age,
sex, or handicap unrelated to job performance, either directly, indirectly, or through
contractual or other arrangements. In this regard, System Safety shall keep, retain and
safeguard all records relating to this Contract or work performed hereunder for a
minimum period of three (3) years from final Contract completion, with full access
allowed to authorized representatives of the City, upon request, for purposes of
evaluating compliance with this and other provisions of the Contract.
XIV
FINANCIAL INTEREST PROHIBITED
System Safety covenants and represents that System Safety, its officers, employees,
agents, consultants and subcontractors will have no financial interest, direct or indirect,
in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
XIV
RIGHT
• AUDIT
The System Safety shall maintain, and the City shall have the right to examine books,
records, documents, and other evidence and accounting procedures and practices,
sufficient to reflect properly all direct and indirect costs of whatever nature claimed to
have been incurred and anticipated to be incurred in the performance of this Contract.
Such right of examination shall include inspection at all reasonable times of the System
Safety's offices or facilities, or such parts thereof, as may be engaged in the
performance of this Contract.
XVI
NOTICES
All written notices and correspondence given to City by System Safety shall be mailed
or delivered to the City of Grapevine, Director of Public Works, 307 West Dallas Road,
P.O. Box 95104, Grapevine, Texas 76099. All written notices and correspondence from
City to System Safety shall be mailed or delivered to the System Safety as follows:
System Safety International
P.O. Box 1641
Grapevine, Texas 76099
EXECUTED this the day of , 2001, the CITY OF GRAPEVINE
signing by and through the City Manager,
adopted by City Council on and
has caused this
authorized officials.
CITY OF GRAPEVINE
By:
City Manager
Roger Nelson
APPROVED BY CITY COUNCIL ON
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signing by and through its
instrument to be executed by its duly
o:\CONTRACTS\Safety Consultant.con;3-8-99
System Safety International
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