Safety Consulting Services Contract with TricorMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Safety Consulting Services
DATE: December 13, 2013
Dubuque
band
AI- America City
IIIii!
2007 • 2012 • 2013
The City of Dubuque sent a Request for Proposals to conduct an assessment of the
City's compliance with a number of OSHA regulations. Two responses were received.
Personnel Manager Randy Peck recommends City Council approval of the selection of
TRICOR Safety Consulting to conduct the assessment for a project cost of $14,375,
and authorization for the City Manager to execute the Service Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Randy Peck, Personnel Manager
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
Michael C. Van Milligen, City Manager
Randy Peck, Personnel Manager
Safety Consulting Services
December 17, 2013
Dubuque
anammncacfli
'I'll,
2007 • 2012 • 2013
Requests for proposals were issued to conduct an assessment of the City's compliance
with a number of OSHA regulations.
Kunkel and Associates and TRICOR Safety Consulting responded to the request. The
budget for the assessment is $15,000. TRICOR Safety Consulting provided a total
project cost of $14,375. TRIOCR Safety Consulting provided a total cost of $14,375.
Kunkel & Associates provided a total project cost of $22,000. TRICOR Safety
Consulting has provided safety consulting services to our Public Works department for
several years. Public Works Director Don Vogt and Street/Sewer Maintenance
Supervisor John Klostermann state that TRICOR provides a good service.
I recommend that TRICOR Safety Consulting be selected to conduct an assessment of
the City's compliance with a number of OSHA regulations. The requested action Es for
the City Council to approve a motion authorizing you to sign the attached service
agreement. City Attorney Barry Lindahl has reviewed the agreement and finds the
terms acceptable. -
RP:lmh
S A F E T Y C O N S U L T I N G
TRICOR Safety Consulting
Division of TRICOR, Inc.
500 Iowa Street
Dubuque, Iowa 52004 -1810 •
Service Agreement
City of Dubuque
Personnel Office
50 West 13th Street
Dubuque, Iowa 52001 -4805
TRICOR Safety Consulting, a Division of TRICOR Inc., (herein, TRICOR) and
Client agree that all services specified below will be provided by TRICOR
pursant to the terms and conditions of this Agreement. Services by TRICOR
may improve safety practices and reduce claims and loss activity of the Client.
1. SERVICES.
TRICOR shall perform services for the Client according to specific proposals
attached to this Service Agreement.
2. FUTURE SERVICES.
Client and TRICOR may agree from time to time with respect to other services
which shall be performed by TRICOR for the Client but only if Client and
TRICOR agree in writing by amendment to this Agreement with respect to the
nature and extent of such future services. The terms and conditions of this
Agreement shall govern the performance of such services by TRICOR.
3. SERVICE FEE.
The Client shall pay TRICOR for its services per each specific proposal agreed
upon by the parties. All TRICOR invoices are due within 30 days of the date of
invoice and Client shall pay each invoice on or before the due date. TRICOR may
suspend any service provided to the Client under this Agreement if any invoice is
not paid when due.
4. INSURANCE.
TRICOR shall maintain insurance as set forth in the attached insurance schedule at
all times during the term of this Agreement.
5. TERM.
This Agreement may be terminated by either party at any time with or without
cause by delivering to the other party 14 days prior written notice, specifying the
date of termination.
I N S U R A N C E
Bach party Itereto agrees to defend, Indemnify, save and hold harmless the other
party from and against any and all loss, damages, Ilaltllltyt expenses, jiu g11101ls
elniuis W111c1t iii ise fresh the negligent (tots or omissions of the said Harty it the
perlbrn nice of its nhllgatiou. herettndor ot - otiter►vlse. Aa Wed herein, tiro (arm
"party" 'naiades the'otilcets, dh'eetors,. shareholders, employees and agents of coati-
of the named parties hereto, end any other person direaty or indirectly employed
by Or retained by snit named parties for purposes of carrying of t the provisions of
this Agreement. Iii- the event arty claim or htoldence gives rise to a claim to of
indemnification itemttntter, the party seeking -atneh Indotunificaiton shall
lamteillatcty notify the other in writing of the circumstances mounding such-less
or claim, The obligations ofeaoh party hereunder shall survive the termination of
this Agrees }ent,
7, INTEGRATION,
This Agreement sets forth nil of the terms, conditions, and agreements of the
parties, surd supersedes Coulter Agreements. 'There are no terms, conditions or
ngreetttonts except 'ea herein provided. Representations or statements .by any
tvpresentativo of n pary not stated herein are not binding. on the other party,. No
amendment or nlo.dificntiou of this Agreement shell-be eftbctivo unless reduced to
writing Itnd exconte£l by the parties. .
8, GOVERNING I,MV,
The late of [own shall he contry llittg in nil matters rclaihtg to the interpretation and
validity of this Agreement,
IN WITNESS 'Simi ti- ' 15 Me parties hereto Have executed this Agreement on
this / day of �;�a�.. ,A91-3:,;/
CITY OI? DIIBU ,1JI
BY; t
. _ -
Mid 2e1 C. Vail Mittigeny
T1TL33;
City (via,ger�=,
DATI#; l tL fig` i.
TRICOR SAFETY CONSCI 'I'IfilQ.-
TITLE: i Y1 n Qje ine:,Y.
DATE', /// o //7
N 8 i-1 N A tV 0 19
•
•
•
Budget to complete City of Dubuque OSHA Assessment Project
Topic
Est. Hrs
Hr rate
Estimated
to complete
$125.00
Total Cost
Bloodborne Pathogens
5
$125.00
$625.00
$1,250.00
Confined Space, Program
10
$125.00
Crystalline Silica
Not
Qualified
to Complete
Electrical (Arc Flash)
4
$125.00
$500.00
Emergency Action Plans
4
$125.00
$500.00
Excavation Safety
3
$125.00
$375.00
Fall Protection
3
$125.00
$375.00
Hazardous Communications (GHS)
$
$125.00
$1,000.00
Hearing Conservation
2
$125.00
$250.00
$375.00
Hot Work Program
3
$125.00
Lockout / Tagout
10
$125.00
$1,250.00
Machine Guarding
5
$125.00
$625.00
OSHA Recordkeeping
2
$125.00
$250.00
Personal Protective Equipment
4
$125.00
$500.00
Powered Industrial Trucks
4
$125.00
$500.00
Radiological Safety
Not
Qualified
to Complete
Respiratory Program
5
10
$125.00
$625.00
$1,250.00
$125.00
Other (Topics NOT listed above) _
Report Writing - Summary of findings
24
$125.00
$3,000.00
Travel - 15 days - 1 hr each day
15
$75.00
$1,125.00
Total Cost of the Project
121
$14,375.00
INSUR A N C E
City of Dubuque Insurance Requirements for Professional Services
Insurance Schedule C
TRICOR
1. Safety Consulting shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work
is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of
each project with the final billing. Each Certificate shall be prepared on the most current ACORD form
approved by the Iowa Department of Insurance or an equivalent. Each certificate shall include a
statement under Description of Operations as to why issued. Eg: Project H or Lease of premises
at or construction of
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of
this agreement.
5. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance
in accord with Exhibit I.
6. All required endorsements to various policies shall be attached to Certificate of insurance.
7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the ISO form.
8. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other
legal agreement, in Exhibit I.
9. Whenever an ISO form is referenced the current edition of the form must be used.
Page 1 of 3 Schedule C, Professional Services October 2013.Doc
City of Dubuque Insurance Requirements for Professional Services
Insurance Schedule C (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products- Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the
standard ISO commercial general liability form CG 0001, or Business owners form BP 0002,
shall be clearly identified.
b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit"
or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate.
c) Include endorsement indicating that coverage is primary and non - contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e} Include an endorsement that deletes any fellow employee exclusion.
f) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees
and volunteers, all its boards, commissions and /or authorities and their board members,
employees and volunteers. Use ISO form CG 2026.
B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit)
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa Code Chapter 85 as amended.
Coverage A
Coverage B
Statutory—State of Iowa
Employers Liability
Each Accident $100,000
Each Employee- Disease $100,000
Policy Limit - Disease $500,000
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.
Coverage B limits shall be greater if required by Umbrella Carrier.
D) UMBRELLA LIABILITY $1,000,000
Umbrella liability coverage must be at least following form with the underlying policies included
herein.
E) PROFESSIONAL LIABILITY
$ 1,000,000
Page 2 of 3 Schedule C, Professional Services October 2013.Doc
City of Dubuque Insurance Requirements for Professional Services
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa
under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time. Those claims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity, and may do so at any time and shall do so upon the timely
written request of the insurance carrier.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa
under this policy for reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of
Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
Page 3 of 3 Schedule C, Professional Services October 2013.Doc