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HomeMy WebLinkAbout _ 4.5(a)--Adopt Budget Resolution for Safety Consulting Services for REU � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: August 7, 2024 FROM: Nick Zettel, Director of ITEIVI NO. 4.5(a) Redding Electric I7tility ***APPROVED BY*** � ��. ; � _ � v �� ��„ ���� �1c ct c, yrectc� �ii' e in� tri�ttt32ity 7r'?�"?t�2� rS' �p�tt�,C�i ��t t� 7,'29�'2{}? nzettel@cityofredding.org btippin@cityofredding.org SUBJECT: 4.5(a)--Adopt Budget Resolution and First Amendment to Contract for Safety Consultin Services Recommendation Authorize and approve the following: (1) Adopt Resolution approving and adopting the 49th Amendment to City of Redding Budget Resolution No. 2023-060 appropriating $590,000 to modernize the City of Redding Electric Utility's safety program including safety consulting, a safety management database, and related safety materials; (2) Authorize the City Manager, or designee, to execute the First Amendment to Contract (G10269) with EnSafe Inc. for safety consulting services increasing the total contract amount from $142,300 to $482,300 and extending the term to June 30, 2027; and (3} Authorize the City Manager, or designee, to execute future contract amendments up to $150,000 (25 percent) of the total contract amount during the three-year term. Fiscal Impact The total project cost, including contingency, is listed below: EnSafe C-10269 Ori inal Amount $142,300 EnSafe Additional Cost of Phase II $340,000 Safet Mana ement Database 3 Years $100,000 Contin enc 25% $150,000 Total Pro'ect Cost $732,300 Ori inal C-10269 142,300 Resolution Amount $590,000 Overhauling Redding Electric Utility's (REI� safety program was not included in the Fiscal Year 2023-2025 Biennial Budget. However, staff has identified a need for enhanced safety training and measures. REU has adequate reserves to support the implementation of a comprehensive training program. Report to Redding City Council Ju1y 29,20Z4 Re: 4S(a)--Adopt Budget Resolution for Safety Consulting Services for REU Page 2 Alte�^native Actzon The City Council (Council) could choose to reject the request to issue a contract amendment to EnSafe Inc., andprovide staff with alternative direction. Background/Analysis On March 3, 2024, the City of Redding (City) executed contract G 10269 with EnSafe, Tnc. (EnSafe) for safety consulting services for REU. The contract was awarded via a competitive solicitation, RFP 5405, and the project's intent was to facilitate improvements in REU's safety program. The RFP came to fruition after a staff review of the program recognized various areas needing improvement such as training, safety inspection protocols, incident management, and hazard recognition and awareness. In response to RFP 5405, staff received proposals from five responding firms. The selection was based on equal-weighted scoring o£ a) the experience and qualifications of team members; b) prior references and history working with public-owned utilities; c) project approach; and d) cost proposal and billing rates. EnSafe was selected as the highest-scoring respondent by a panel of five reviewers. EnSafe scored 79.5, and the second-highest score was 66.4. G10269 services with EnSafe consist of two phases: Phase I was an assessment that included a one-week site visit and presenting analysis and recommendations on ways to strengthen REU's safety program. These services were performed for a firm fixed cost of$62,300. Phase II builds upon Phase I by providing ongoing support to implement the consultant's recommendations. Phase II was defined as optional and contingent upon staff's validation and acceptance of Phase I work. The Phase II work is designated to be performed on a time and materials basis with a budget not to exceed $80,000. This allowed for approximately 300 hours of the consultant's time or roughly three months of ongoing support. EnSafe is nearing the completion of Phase I and has recommended a Phase II implementation plan over the next three years. Their recommendations focus on two main areas: a) prioritizing high-risk activities and creating enhanced policies, plans, and procedures to address them; and b) developing protocols to establish an effective and sustainable health and safety management system. Staff have reviewed and validated EnSafe's Phase II implementation plan, which will cost approximately $420,000 over three years including approximately 1,400 hours of consultant support in year one, 700 hours in year two, and 200 hours in year three, In addition to the consulting fees charged by EnSafe, REU will need to procure a safety management database at an estimated cost of $100k over three years, and wi11 need to procure additional safety materials including third party safety training, reference materials and updated policies. By June 30th, 2027, REU will be we11 positioned to implement a robust safety program using in- house staff. Report to Redding City Council Ju1y 29,20Z4 Re: 4S(a)--Adopt Budget Resolution for Safety Consulting Services for REU Page 3 If approved by Council, staff will fmalize the first amendment to C-10269 for execution by the City Manager or designee to increase the Phase II budget and extend the contract term. In addition, staff will initiate the solicitation process to procure an appropriate safety management database in accordance with City Purchasing Policies. Safety program development and implementation wi11 continue seamlessly, with more critical training topics scheduled for July through December 2024. Envi�^onmental Review This is not a project de�ned under California Environmental Quality Act, and no further action is required. Council PrioNity/City NfanageN Goals • Government of the 215� Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attachments ^Resolution C-10269 - Consulting and Professional Services Contract- 2024 - EnSafe Inc. RFP 5405 - Safety Consultant Services for Redding Electric Utility EnSafe Phase II Scope of Work 2024.07.01 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 49��H AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060 APPROPRIATING $590,000 FOR MODERNIZING REDDING ELECTRIC UTILITY'S SAFETY PROGRAM FOR FISCAL YEAR 2024-25 BE�T RESOL VED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2023-060 be and is hereby amended as follows: FUND DIVISION DESCRIPTION INCREASE DECREASE 211 8055 REU—Asset 1Vlanagement $590,000 THAT account titles and numbers requiring adjustments by this Resolution are as follows: USE SOURCE OF FUNDS OF FLTNDS Decrease(Increase)Fund Balance 211-0000-2910000-00000 Fund Balance $ 590,000 Increase Expenditures 211-8055-8923801-00000 Administrative&General- Consulting $ 590,000 Total $ 590,000 $ 590,000 THAT the purpose is to appropriate $590,000 for modernizing Redding Electric Utility's safety program for fiscal year 2024-25. T HEREBY CERTTFY that the foregoing resolution was introduced at a special meeting of the City Council of the City of Redding on the 7th day of August, 2024, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: TENESSA AUDETTE, Mayor ATTEST: FORM APPROVAL: SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney �IT� (�F D13ING � I'�SULTING AN P FESSIt�NAL SER�ICES COI�T CT 'I'HIS C�1�T �'T is r�lade at I�edciing,�alifQrnia,by and between the City of Redding("City") a muY�zcip�l corpcn•atic�n, and Ez�S�fe Tnc. ("Consultant") for the purpose of Safety Consulting �ezvices. WH� AS, City d�es not have sufficient personnel to perfornz tl�e se�vices required l�erein thereby uecessitat�ing this Contract for persc�na� services. NC7�T, THEI�LFQRE, the Par-ties cavenant and agree, for goad �onsideration hereby ackna�vledg�d, as follows: SECT�+C�N 1. Ct3NSULTANT SERVICES Subject to the tenns and conditions set farth in this Contract, Cor�sultant sha11 provide tQ Ci.ty the services descr�bed in Exhibit A,attached and incorpora.ted herein. Coz�sultant sha.11 pr�vide the services at the time, place and in the manner specified in Exhibit 1�. SECTI(?N 2. �OlVIPENS�4TION AND REIMBURSEMENT t3F COSTS A. City sha11 pay Consultant for services rendered pursuant to this Contract, at the times and in t1�e manner s�t forth in Exhibit B, attached az�d incorparated herein, ii1 a totat amount not ta exceeri c�ne hundred fc�rty-two thausand three hundred dallars ($142,300}. This surn includes a11 out-of-pocket travel, lodgl��; and incidenta.l expenses incun•ed by Consultant that are reasonably assaciated with tl�e provision �f services under this Cc�ntract. The payments specified 1�erezn shall be the az�1y payments to be made to Consuitant far services rendered pursazant to this Contract. B. Consultant shal� submnit monthly invoices ta City for wark coznpleted to th� clate af the invoice. A11 invoices sha11 be itemizec� to reflect the employees performing the ieq�ested tasks, the billing rate for eaeh employee and the hours worked. C. A11 co�-�ect,c�mplete aald undisputed invaices sent by Consultant to�ity sha�l be paid within thirty (30) calendar days of receipt. SECTIC�N 3. TERM AND TERIVIII�A�'IQN A. Consult�nt shall c�mmence work on or about January 22,2024,ai�d con�plete said work na Iater than I�ecember 31, 2024. Tilne is of the essence. �3. If Cor�sulta2it fails to perforr� its dut�es tra the satisfaction of�ity, or if cc�nsultant fa.ils ta fulfill in a timely and�rofessional manner its a�t�ligations under this C�nt�act, ° � � _ � Gonsul�i�g arid Professional Services Agreeznent Page 1 � Rev. 8/23 � t1z�n Citg� s1�a11 3�ave ti�e rzgl�t to terminate tlzis Cosl�ract eff�ctive im�azediately upon. City givir�g written notice thereof to Cc�nsultant. C. Either I'arty may t�rminate this Cozltract witl�aut cause o��thirty{30) calendal�ays' written zlatice. Notwithst�ndin� tl�� prec�ding, if t11e term set farth in Sectiorl 3.A, c�f this Con,tract exceeds a�inety(9Q)calenda.r days in duration, C;ansultant'a sole right to tez-t�ainate shall be limited t� terminatio7�for cause. D. Consultant hez•eby ackno�uledges and agrees that the obligation af City to�ay under this Contract is contingent upon the availability of Caty's funds which are appropri�ted or allocated by tlZe City Couz�cil. Should the fuz�din� for the project ar�d/or ��ork set forth herein not be appropriated c�z- alloca�ed by the City Council, City may terminatc this Agreeme�t by furnishi�lg at least thirty (30) calez�dar days' written raotice of its i�te�ltion to terininate. In the event of a tern�znation pursuant to this subdivisio�l, Consultant sha11 nt�t be entit2ed to a r�znedy of� accel.eration of payl�7ents due over the term of'this Agreeme�t. The Partie� ackz�c�wtedge a�zd agree that tl�e pQwer to terminate deseribed tzerein is required by l�rticle 16, Section ]8, of t1�e Ca�ifarnia Constitution, and that co�stitutio��a1 provisi.on :;upersedes any 1aw, rule, reg�alation or statute whieh canflicts �vith the provisions c�f t1�is Section. �. In the event that City gives �zotice of termination, Ca��sultant sha�l pram�tly provide to City any and a11 finished and nn�nished reports, data, studies, pl�atographs, charts or other work product prepared by Consu�tant pursuant to this Co7itract. City sh�11 h�ve fu�1 c�v,mership, ineluding, but nat Iimited to, intellectual property rights, and cQntrol af alt s�ch fillished and unfinished reparts, data, studies,photographs, c�arts ar other wark praduct. �. In the event that City tenninates the �an�ract, City sha11 pay Consultant the reasanal�le value of services rendered by Cc�nsu�tailt pursuaz�t to this Contract; provided, howe�rer, tllat City sha17 not in any manner be Ziable for lost prafits which maght have been made by C�onsulta�zt had Consuttant cornpleted the serrrices requi��ed by this Contra.ct. Cansultant shall, not later thai� tcn (10) calendaz days after terminati�fl af this Con.t�ract by City, furnish to City such fmancia� information a� in the judgment of the �ity's represezztative is neeessa�y to det�rmine the r�asona�le value of the services r�ndered by�onsultazat. C�. In no event shall the termination or expiratic�n of this Contract l�e construed as a waive�-of any right to seek remedies in �aw, equity or otherwise far a Party's failure tc�perfonn each obligation required by this Coxatract. SEC'�'ION 4. 1VIISC'ELLANEQUS TERMS AND �C1NDI'I'It7NS ClF C't�NT C'T A. City sl�all make its facilitie;� accessible to Cotlsult�izt as required f��� Cc�nsultant�'s perforznar�ce of its services �nder this Ca�tract, and, upon requ�st of Col�sulta�t, provid� ]abor and safety equipznent as required by�onsultant far such access. Cc�nsulting anc3 Professional Services Agreement Pa�e 2 Rev. 8/23 B. Pursuant to the City's business �icense o.rdinance, Consul�ant s�a11 obtain. a Ci�y business ].icense prior ta commencing work. C. C�ns�Itant represents and wa�rr�nts t� City that it l�.as a11 Iieeilses, permits, quali�cations and ap�arovals of any nature wtlatsocver t��at are Iegally r�c�uired for Cozlsultant to praetice its prafessio�z. Consultant represen,ts a��d�a.rrants t� City tlaat �onsu�tant s��all, at its sale cc�st and �xpense, keep in effcct or obtain at al� times c�uring th� ter�n af this Cantract any�icenses, pernlits a�d ap�rovals that are 1ega11y req�ired for ConsuZtant to practi�e its prafession. D. Consultant. �l�all, �using the entire tern� of tl�is Coz�trac�, �e construed tc� be an inde��ndent cc�i�tractot� anc� nothing in this �ontract is inte�ded, zzor sha]1 it be cc�nstrued, ta create �n emplayer/employee relatioz�sllip, associatio��, joint venture relationship,trust or partnership or to allow City to exercise discretian ar cantrol over the prafessional mazlner in which Consu]tant performs unc�er this Contract. Any and all taxes imposed an �onsulta�t's �i�lcome, zmpa�ed oz assessed by reason af this Cantz�aet or its �erformance, including but not limited to sales ot-use taxes, s�1a11 be paid by Consultan�. Cozxsultant shall be respc�i�s�.b1e fflr any taxcs ar penalties assessed�y reasan of any claims that Consul�a�izt is an emplc�yee of City. Consultant s1�a11 not be eligible for coverage under City's workers' con�pensation insurance plan, benefits under t�e Public Employee R�tiren�eilt Syster�z or be eligibie far any other Ci�y benefit, E. No pravisian of this Contract is intelzded ta, or shall be for the benefit af,or construe� to ereate righ.ts in, ar gra�t ren�edies to, any person o1�entity nat a party hereto. �. I�o partion of the worl{ or services to be perfo�med under this Corztract slzail be assi�;ned, tz-ansferred, conveyed c�r subcont��acted without the prior written a�praval c�f City. Consultant p1�ay use the serv,ices of �nde��ndent cozzt�ractors ax�d su�cantractors to perform a partion of its obiigations under this Contr�ct with the prior written approval c�f City. Inde�endent contractors and sul�contractors shall be provi.d�d with a copy of this Can�ract and Consultant sha�� have an affirma.tiv�duty to assure tha� said independent contractors and subcantractors comply with the same a�d agree to be bound �ay its terms. Co�sulta.nt sha11 be the responsible pa�rly with res��ect to al1 actians of its independent contractors and subcontractors, and sha11 abtain suc� insura��c� and indemnity prozTisions from its contractors and subco�ltractars as City's Risk Manager sha11 determine ta i�e necessa,ry. G, Consultan.t, at suclz Li�nes and in such fc�rzn as �ity may require, shall furnisl� City with such periad.ic rep�rts as it may request per�aining tQ the work or services undertaken pllrsuant to this Contract, the costs ar obligatioi�s incurred or to be incurred in cannection therewith, and any c�tl�er n�at�ers covered by this Cantract. H. �o�.sultant shali maintain accounts ar�.d rect�rd�, including person�el, property and fina�ncia.l r�eords, adequats to ides�tify and accou�nt for all costs pez-tai�ing t� this Cons�lfing at�d Professianai Services Agreement Page 3 Rev. 4123 Contract al�d suc�c�ther records as may(�e deemed�Zecessary by City to assure proper acc�untz��; for a11 project func�s. These recr�rds shal.�l be made availabl� for audit pU,zposes to sta�t� and fed�ral aufl�orities, or any authc�rized represez�tative of Git�. Consultant sha.�I retain s�c}.i reeo��ds for three {3} y�ars after the expiration of this Cor�tract, unless priQr permission to destroy the�� is grantec�by City. I. Consuitant sha11�erform a�1 services required pursuant to this Contract in tl�e man��er a��d aceordirig ta the standarc�s observed by a corr�pete��t�raclitioner Qf�:c�nsultant's profes�io�7. A11 ��roducts of whatsoeve�- nature which C«nsultant delivers to City p�rsuant to t1�is Contract sha�1 be prepared in a prafessional manner a�nd conform to the standards c�f quality nc�rmally ��served by a person}�raetieing t�e �rofessic�n of Consultant ant� its ager�ts, employees and subeonta-actors assigned ta perform t11e se.rvices conten�plated by this Contract. 7. A11 completed reports a�zd other data or docu�r�ents, ot� computer media including clis.kettes, a�1d otl�er materials provided or prepai-ed by Cansu�taz�t in accordance with. this Contract are the property of City, and �nay be used by City. City sha11 have alI zntellectual prc�perty rights inc�uding, but nat linlited tc�, copyright and patent rights, in said documents,camputer media,ai�d c�ther materia�s�rovided by Consultant. City shall release, defend, indez�nify and hold harn�less Consultant from a11 elaitns, costs, expenses, c�amage or liability arising aut of �r resulti�ng fro�m City's use �r madification of any reports, data, docutnents, drawir�gs, specificatior�s or otl�er�rark prc�duct.prepared by�onsultant,exeept for use by C�ty on tl�c�se portia�ls af the City's project for which sucb i�ezi�s tivere prepared. K. Consultaz�t, i�leluding its employees, aget�ts, and subconsultants, sllall not maintain or acc{uii-e any direct ar indirect interest that conflicts with the perfc�rmaz�ee of this Cc�nt�-act, Consultant shalt camply with all requirements af the Poli�ical Reform Act {Govenx�ent �ode § �100 et scq.} a�zd other laws relati��g to �onflicts of i��terest, including the following: 1) �ons�ltant sl�all not ma1�e or participate in a decision. made by City if it is reas�nably foreseeable that the decisian may have a materia�. effeet on Cansultant's econonzie interest, a.l�d 2) if required by the City At�orney, Consultant shall#"ile financial disclosure forms with the City Clerk, Consulting and Professional Services Agreemcnt Page 4 Rev. 8/23 SECTI�� Sv INSU NCE �. Unlc�s xn€�d.ifieci i� S�rriti�zg by �ity's Risk Manager, Consulta.nt shall m�int�in the following noted insurance during the duration of ihc Coz3tract: Cavera�e Reqmuired 1�Io�Required Cammercial Cieneral Liabiiity � C�m�xehensive�el�icle Liability X Workers' Cc�mpansation and Bmployers' Liability x Professional Liabilit��{Errors and Omissio�s) x (Place an"x"in the approprrate bax) B. C€�verage sha11 be at lea.st as bro�d as: l. Ins�zrance Service� Office farm nunll�er C�-f�041, Con�7�tercial General Liability Insura��ce, in an arnount not less than$l,O00,00�per occurrence anc� $2,Q00,000 ge�eral ag�regat� for b�dily i�jury, pezsonal injury azid property damage; 2. Insuxat�ce Services Office farm number CA-0001 {�d. 1/$7), Camprehensive Aut�omobite Liabi2ity Insurance, �hieh provides far total limits of not less than$1,O�O,QO� combined single limzts per ace�dent applicable ta a11 awned, noz�-owried and hired vehicles; 3. Statuto�y�ijorkers' Compensation required by the Labor Cc�de of the State of California and Em.plt�yers` Lia�ility Insura�nce i�a an a��nount not ].�ss than $1,000,000 per occurrence. Both tlle Workers' Compensati�n and. Emp�lo�ers'Liability polieies shall eontain the insure�'s waiver of subrogation iz3 favc�r �f City, its elected officials, office�-s, en�plgyees, agents and vc�lunteers; 4. Prafessional Liability �Errors and Omissions} InsL�rance, ap�roprtate to Cansultant's profession, agains� lass due to error or omission �r�nalpractice in an amount not less than�1,OOQ,O(}0. S. Tlae Czty cioes nc�t accept insuranc� certi�ca�es or etzdorsen�e�ats with t��e v✓ording <`but only in the event of a n�med insured's sole z7egligenc�" or any other verbiage limiting the insur�;d's insuranee responsibility. C. Any deductibles or s�]f-insured retentions must be declared tc� and approved by City. At thc option ofthe City,e�itlier: the it�.surer sh�ll zeduce or e]iminate such deductib�les or self-insure�i retentions as respects t�ie City, its eleeted of�cials, of�cers, employe�s, agents and vo�unteers; ar t11e Consultant shall procure a bond. Consuiting and Profcssional Services Agleement p��e 5 Rev. 8/23 guaranteeing payment of 1oss�s and related investigatio�s, elain3s admiziistratian an� defense expenses. D. The General Lia�ility sha.11 coi�tain oz� be enr3orsed to contaill the fc�llowing provisions: 1. City, its elected officials, of�ccrs, em�loyees, an� agents are tc�be cc�vered as additional ins�red as res�ects liability arising out of work or Qperations perfc�nned by ar an l�ehalf of�c�nsu�tant; premises owned, leasec� or used by Cansuttant; or autt�mabiles aufncd, leased, hired or barrowed by Consultan�. Tl�e cc�verage sha11 coz�tai�� 1�� speeial limitations an the ses�pe of pratect:ion afforded tc� City, its electec� Offscials, officers, employees, agents and volunteers. 2. The insur.ance ca�erage af Co��sultan.t shal.l be��•imary insura�ce as respects Ciry, its elected c�fficials, officers, e�nployees, agents and volunteer�. A�y insurance or self-insurance maintained by City, its elected af�cials, af�cers, e�n�ployees, agents and vo��.nteers, shall be in excess Qf �;oa�sultant's insurance and shall not contribute with it. 3. Coverage shall sta.te that the insurance of Consultant sha1l apply separately to each insured against w�lom claim is made or suit is brought, exce�at witl� re�pect tc� the IimiLs af t1�.e insurer's liabi]ity. 4. �aclx irzsurance policy required by this Contract shal]be endorsed to state tl�at coverage shall nQt be caneeled exeept after thirty (3�) calen.dar days' prio� writte� notice has bee� giv�n to �City� In addi�ion, Consulta�t agrees that it shall not red�ce its co�rerage ar Iimits on any such policy except aft�r thirty {30) calendar day�s' prior writter�.notic�has been given to City, F,. Insur.ant�e is to be p2acc� with insurers wi�h a current A.1VI.Best's rati�Zg of na less than A-VII. F. Consultarlt shall designate the City of Redding, 77'7 Cypress Avenue, Redding, CA 960{�1 as a Certificate �c�lder of the insuranee. Co�sultant sha11 furnish City with certificates of i��surance anc� �riginal endorsements e�fecting the coverages required. by t11is clause. Certif"ieates and endorsements sha11 be submitted�lectroi�ical].y via the PIIi�S �dvantage system. A link will be pravided for the Consultant, ol �hei�- insurance agent, to entei and upload documea�ts ciirectly tc� PINS Advai�tage. Tl�e certificates and e�d�rse�nents for each insurance policy are to be sig�ed by a person authorized by the insu��er to bind coverage on its behalf. All enc�orsenaents are to be received anc3 approved in PINS Advantage by the City's Risk Manager prior to the commencement of eantra.cted services, City may withhold pag�ments to Consultant if adequate certi�cates of insuraz�ce and e�ldorse�nezlts required have not been subtnitted as described above or pz-ovided in a tiznely manner. Cansulting and Prafessional Services Agree�nent Page 6 Rev. 8/23 G. The requirements as tv the types and lirnits of insurance coverage tc� be maiz2tained by C;onsultant as required by Section 5 of this Contract, and any approval of said insur�nee l�y �i�y, are�z�t intenc�cd to and�.�ill nc�t izl any manner lin�it or qualify the lia.bilitics and�bligatio�s otherwise assur�ed b_y Consultan.t pursuant to this Contract, includin�, wi�tho�at limitation, provisions cancerning indemni�cation. [�. If an�policy of i.nsu��ance requireci by this Sectior�is a"elaims mad�"policy,purs�ant to Cade of Civil Procedure § 342 and Uovernmcnt Code � 94S.b, C�nsultant sha11 keep said insurance in effect�or a periad af�ezg�teen(18)zn�a�nths after Lhe tern�nation of tl�is Cantract. L If any damage, including death, persc�nal injury �r prc�perty damage, occurs in connection wzth the perforrnance �f this Cc�ntract, C;onsultant shall immediately x�otify City's Risk Manager by telephone at(53t�} 225�4068. N�o Iater than three (3) ca]cnclar day� after the event, Cansultant shall subnait a written re�ort tc� Cit�'s I�isk Manager coiz�aini�zg the followi7�g i�for��na.tion, as ap�Iieat�le: 1)nazne and address of injured or deceased pe��soz�{s); 2)name and address of witnesses; 3)name and address of Cc�nsultant's insura��ce company; and 4) a detailed descriptioz3 of the da�nage and. wh�ther any City�roperty was involved. SEC'TIt�N 6. INT�EIYiI'�IIFICATI(�►l�t AND I�fQLD I-IARMLESS A. Consistent with Ca]ifornia Czvil C;o�e � 2782.8, when the services ta be provided under thrs Contract are clesign �arofessional services to be perfarmed by a design piofessional, as that ten�� is de�ned under Sectio�l 2782.8, Cons�u.ltant shall, t� the fullest extent permitted by Iaw, indemnify protect, defend and hold l�annless, Czty, its elected c�f.ficials, officers, e�nployees, and agents, a.zzd eac��and every one of them, from and against all aetions, damag�s, cos�s, liabil�ty, claizns, losses, pei�alties a.nd expenses (includi���, bu� not limited t�, reasc�r�able atte�rney�s fees of the C;ity Atto�-ney or legal caui�sel retained by City, expert fees, liti�atic�n eosts, a.�d. investigation costs} of every ty�ae anc� c�escri�atian ta ujhich al�y ar al1 of them may�e su.bjected by reason of, or resulting from, directly or i�d�irectly, �he neglzge�ce, recktessness, or willful misc�nduct �f Cansultant; its of�cers, eznplt�yees or agents an t�he perforn�ance ofprofessional services under this Contract, �xcept when liabili.ty arises €iue to �he s�l�negligence, active neglige�ee or misec�n�uct of t�l�.e City. B. Other than in the perf�rmance of prafessional servic�s by a design prc�fessi�nal, which is addressed salely by subdivisian{A) of this Sectic�n, and t� �he ful�est ext�nt pern�itted by law, �onsult�z�t s11aII indemnify protect, defer�d and hold harmless, �it.y, its elected af�cials, officers, e�nployees, a�d agents, and�acl�an€�every on� of th�n�, from arid again.st all action�, da�,mages, casts, liabili�ty, claims, lasses,penalties and ex.penses {including, but �o�t limited tc�, reasanable attorn�y's fees of the Ci�y Attc�rney or lega� ct�unsel retained by City, expert fees, �itigatic�n costs, and investiga�tion costs) of�very type and deseription tt�wl�icl�a�1y or all�f then�may be subjected by reasan of t��e pe�-for�nance of the sert�ices required under this Cantract �onsultiiag azzd Professional Services Agreement Page 7 Rev. 8123 by Cans�ltant its c�fficers, employees or a.gents in the perf�rma�ce of professional services under t�ais Contraet, exae��t urhe�li�bility arises due t� tlae sole negligence, active negli�ence or miscc��c�uct of th� �'ity. C, Th� Consultant's obligation tQ defex�d, indemnif� and 1�Qld harmless sha11 nat be exc��s�d beca�use �f the Consultant's inahility to evaluate liability. The C�z�sultant sha.11 r�spond wi�hin thirty{�Q) calendar ciays tt� the tender c�f ar�y claim far defer�se and i�demnity�y the �i�y, �.nless this ti�ne has bee� extended i.�writi.��g by lhe City. If the Consultant fa.ils t� a.ccept Qr r�j ect a te�der of defen�e and zndemnity i�wri�ita� delivered tc� City withi7� tl�irty (30} calendai days, in ac�ditic�n ta any ofher remedy authari�ed by law, the C'ity may wit�ho�d sucli funds the City reaso�ably co�lsiders necessary fo��its defense and indemnity until disposition 11as been made of the clailn c�r un�z1 th�;�o�sul�ant a.ec�pts or r�j�cts the tender of defense in writing delivered tc� the City, w}�ic�lev�r accurs first. This subdivisic�n shall not be cc�nstrued tc� excuse tlae prornpt� az�cl conti�ued�erfarmanc� of ihe d�ties requircd of Cc�nsul�ant herein. D. The of�ligation Ya indemnify, prc�tect, defend, and hald harmless set forth il� this Sectioil applies to a1I claims and Iia�bi.lity re�ardless of whether any insurance policies ar� a�plicable. T1ie policy l�mits c�f said insuraziee�o�icies do not act as a limitation upon the amount of z�ldemnification to be provided by Cansuttant. E. City shall �iave th� right to approve or disap�rave tl�e 1ega1 cc�unsel t-etained by Cansu�tant pursuant t� tl�is Section to represent City's interests. �ity sha11 be rei�nbursed fc�r al1 costs and attol-ney's fees incurred by City i�z enfarcing the obligations s�t forth in this Sectian. �E+C`TI+�N 7. �t�NT" �T IN7['� TATION, VEN`IJE AND ATTO EY FEE� A. This Coi�tract shall be deeizze� ta have been entered ir�to in Redding, Califo�-nia. A11 questiaz�s regardillg the validity, ir�ter�r�tatiarz c�r performance of any of its terms or of any ri�;hts ar �blig�ti�ns �f the parties tc� this C�ntract shal� be governed i�y California l�w. If any claim, at 1aw or Qt�cr�rise, is nxa.de by either party to this Cca��tract, the prevaili.i7g pa�-ty s�1a11 be entitled to its costs and reasc�nabl� attorneys' fees. B. This d�c�ament, including all exh�bits, contai�s the ent�r� agreement b�tween the parties and supersedes wl�a�ever pr�l €�r �jrit�en understandi��g ea.ch n�ay have h�d priar to the executic�n of this �ontract. This Corltrae� sha11 nat be altered, amenc�ed or m�di�ed except l�y a u�riting signed by City and Co��sultant. No verbal agreerzzent or c�nversatior� with ��n.y official, officer, agent ar employee of City, either before, during or after th� executaan of this Contract, shal� affect or nzadify any �f the terms ar coz�ditions cont�ined in this �c���tract, nor s1�a11 an� sueh verbal a�reeme�lt or conversation en�.itic Cc��isulta.nt. tcj any additional payme�It whatsoev�r land�r t�e te�7z�s af this �t�ntract. Consu�Ying and I?rofessional Services 1�g�-eemen� Page 8 Rev. �/23 C. Na coveilant or condition to be performed by Consultant�nder this C;antract can be wai��ed except by the written co��sent of�ity. �orbearance �r inciulgence by City in a���y regard��rllafisoe��er sha11 nat constitute a w�iver of the cove�.a�Y�t or co�dition ia�. q�e�tion, Ul�ti1 perforrrtance by eo��sultant of said co�enant c�r condition is cozn�lete, City shall be entitled to invQk� �ny rezlledy avaiiable to City under thi� Contract c�r by law or in egu�ty des�ite said forbearance or indulg�l�c�. D. If ai�y partic�n of this C��tract or the applicatian thereof to any p�rst�n ar cixeuinstance sha11 be invalid or unezlforceable to al�y �xtent, the r�mainder of t�iis Contraet shal3. not be affected thereby and sha11 be enforced to the gr�atest extent permitted by 1aw, E. The headings in this Coz�tract are inserted for convenience only and sllall not eonstitute a pa�-t hereaf. A waiver of any par�y af any provisior� Qr a breach of this Cc�ntract r�ust 1��provided i� writi�ig, aaZd sha11 not be cons�u.ed as a waiver�f any ot��er provision or any succeeding b�-each of the sanze or any�the�-provisions hereil�. F, Eacl�. P'arty her�to dec�ares and represents that in entering into this Contract, it has relied and is relying sc�lely u�oz� its own judgment, belief and kz�oujledge of the nature, ext:ent, effect anc� cansequence relating th�reto. Each Party �urther declares arrd represents tha.Y tl�is Contract is made without re�aance upon any state�nent �r representation not c�ntained 13erein af any other Party or any representative, agent or at�orn�y of the other Pa��t�. The Parties agree that they are aware that they I�ave th� right to be advised by cotu�sel with respect to the negat�iations,terms, and conc�itions af this Coz�tract and that the decision oCwhether ar not to seek the advice of counsel with zespect ta thzs �ontract is � decision which is the sole responsibility csf each �f t1�e Part�es. Accordingly, no party sha11 be deemed to have bee�l the drafter hereaf, and t�e principle of law set fortll in Civil Code § 1654 t��.a.t cant:racts are eonstrued against th� drafter shall not apply. G. Each af the Parties hereto hereby irrevocably waives any and all right tc>trial by jury in any acti�n, prc�ceeding, claim or countexclaim, wheth�r in contract c�r tort, at Iaw or in cquity, arisi��g out of or in a��y way related to this Agree��ent or the transactions con�e��lplated he�-eby. Each Pa.rty further waives any right ta consolidate any action which a jury irial has �e�n waived with any ather actian in whic�t.a jury trial catznot be or has not been waived. I�. In the event af a canfiict bet�veen t�ze term and conditions of th�b�dy of this Contra�t and those �f any exl�ibit or attachment hereta, the terrtls and conditio�ls set fortlz in the bac�y of this Ccantract prvper s.h�.11 prevail. Ir�the eve�lt of a confl.ict between the tenns and conditio�zs of any tcvo or more exhibit� or attachments hereto, thc�se prepa.red by City shall prevai].aver th.ose prepared by Cansulta�t. Consulting at�d Professional Services Agreement Fage 9 �ev. &/23 �E�°TIC}I� 8a SUI2�IVAL T1z� �ro��isions set :Cs�rt� i.�.1 Sectir��s 3 t.1�rc��agh 7, i��clusive, of this Contract sh�11 sur�=ive terl�ination Qf tl�.��ontract. S��'I'�C}N 9, CtJNfPI.,IA1`�CJ�����'H I_,��5 -1'�C11�L►ISCRIlVIINAZ'If�I'e A. Consultazlt sha11 c�mpiy �uith a�l ap�alicable lavls, ardig�ances aizd codes of federa�, state a.n� local g€�vernrz�ents. F. Iz� the �erfc�rma�lce of this Contract, �c�nsulta�lt s1�a11 �7c�t discr�aninate against a��y em�a�oy�e ar applicant for employlnent becaus� of race, color, ancestry, natior�al ox�i�ir�,religiaus creeci, sex, s�xual oriex�ta.tic��, di.sabi�ity, age,marital status,pc�liLical af�iliatic�i�, or rnernbership or nc�»mcznbershzp in any organizatic�n. �ansultant sha11 talce aff'rrrr�ative action tc� ensure applic�nts ar� em�al�yed az�d t��at en2pl�vees are treat�ed during their e��7ploy.ment without regard to th�ir race, ccalc�r, a��cestry,natio�r�al Qrigir�,religiaus creed, sex, sexual o�-ientation., disabiliiy, age,t�arital stat.us,political affiliation, or membershi�or z1o�lmembership in a��y organization. Such aetio�ls sha11 inelude, but not be limited to, the fc���owing: ezn�loyrnent, �pgradin�, demc�tiozl c�r transfer, r�ecl�uit�nent or recl�itment advertising, lay�ff or terminatio�i, rates of pay ar other fc�rms af campensatio�l azld selectioll for�raining. SECTIC?1!� 1Ow PRESEhT'T'ATIVES A. �ity's rcpa-e�entative for thzs C'an�ract is�9i�es Murphy,telepl�one nun�ber�530}339� 7334, email address znu�phy�a cityofredding.org. A1l of Consult�z7t'� questions ��ertais�ing to this Cc�ntract sha11 be referred to �1�e ab�ve-i�am�d �erson, o�� ta the representatave's designee. I�. Consultant's z�epre�eni:ative fcrr tlzis Con�ract is Braoke Sinclair, telephone number (�65} 693-3b23, einail acie��-ess bsi�iclair(�a,en�afe.cc�m. AIl of City's qt�estions pertail�ing to this Co��tract�hal1 i�e referred t� the abo�e-namsd person. C. Th� re�resentatives set fc�rth herein shall have authority ta give all natices required hezeir�. S�CTI{�IV 11 o I�CC)TI��S A. A�1 notices,r�quests, dema��ds and cstl�er com�n�r�ications hereunde�-sI1aI1 be deemec� giv�n only if ua��riting �igned by an authorize�repr�s�ntative of tl�� sender(may b� a�hcr tha�l the representatives referred to in ��ctioz� 10} an� deiivereci by facsimile, with a hard cc�py mai�ed �rst class, postage prepaid; or when s�nt�y a caurier or an express servicc� gliar�nteeing overnight deliv�ry ta th� receiving��arty, addressed to the resp�ctive pas-ties as f�llc�ws: Consulting and ProfessioYial Sezvices Agreen�eilt pa��;��p Rev. 8123 Tc� �zty: To �€�nsuttant: kedding Electric �Jtilit� �3raake Sinclair 3b11 Avtech Parkway 30� Nortlz Peters Road, Suit�2Q0 Redding, CA. 9G002 I�rl�xvilte, TN 3��22 Attenti�n: I�ick�ettel, Ele�tric Utility Di�ectox �3. Either pa�-ty rr�ay cl�a��ge its address fc�r the purp�ses o� this par�graph by givin� �rritten taotice c�f such�l�ange to the other party in the manner prt�vided an this Sectian. C. I�otic�s1z�11 be deemed effective upon: 1)personal service;2)twa cal�ndar days after n�ailing �r transmission by facsimile, whichever is earlier. SEC7['IOilT 12a AUTH()RITY TC) Ct3I�'I'RACT t�. Lach of the undersign�d signatories h�reby rep��es�nts and warrants that they are ai�tllarized to execute tl�is Cc�ntract�n behalf c�f the respective pa.rties to this C'o��tra.et; that t��ey have fu11 rig�t, p�wer and lawful authority to undertake a11 abligatians as prc�vid�c� in this �;o��tract; and that the executio�, perfc�zTnance anc� delivery of this Contract by said signatori�s has been fully authorized l�y all requisite actions on the part of the respective parties to this Ct�ntract. F. When �he i�Zayo�- is signatr�rv to this Cont�-act, the �ity Ivlaxzager a�dlo�� tl�e T�epart�nent Dir�ct�r havi�g dizect respansibil.i�y fc�i rna�aging the services�arcavicled l�erein sh��l have authority to exeeute any amendment to this Cc�ntract which dc�es not increase tl�c an-��ua7t of compensatior� allowable to Consultant or �atherwise subst�nti�lly change the sca�e of th� Se,rvic�s pr�vid�d herein. SE�'T�C}N 13. I�ATE GF CC3I`�'�'1ZACT T11�eff�ctive clate o�'this Ca�ntract sha11 be tl�e c�at� it is si�ned by City. Consulting arid Prafessic�nal Services Agreemezlt pdg� Z� R�v. 8123 Il'���I�C`�TE`�S �� E EE�I��;�ity aa�d C;c�nsultan�]za�ve exeeu�e�t�is Cc���tr�ct on the clays agzd yea.r s�t f�rth �elow: ��`�'�' �7F�t�:�I}I��, A� M��nac.�p�l �€��-��a��ti�rz �at�cle ��. � ��"'���� 20�� � � _,.w��� �.��..���. 5 � .� �Y° BARRY ��'�'P-�`I�; CITY MANAGER �'�'�I'�+�'��» �1'P'�C����I)t�S `�'�I'��l�T: ��I�I�TI�N 1�Ia �'LT�2'�'�S C`r�y r��tc����ev �, � ��` � �� °� ��''i� � ' � � ,� `� ;° �s����,��� �r���c���, ���� ���a-� ��; c;��s����r�r�� � �����: , �o ��� �'` � � ��� � ��,.� � �� �`a�ns�ulting and Prcafessi�nal Serviees Ag�°eeznent �ag��� Rev. 4123 � EX I I'�'r� - S�C}I�E F PI�C?JE�'T The scope of woik i�l�ludes t��o �hases. 1'hase I includes provic�ing scrvices to �erform �n assessi�lezlt �f R�U's existi��g safety pragram azld presenting recarnmendations or� progra.zn i.m�roves�ae�zts. P17ase II is at the discretion of KEE�I and includes �aroviding sepvi�es tc� sup�aort iz�plementing anci administering ar�improves3 safely prQgraz��. A Iist caf tlle services requested i� as fo1lc��rs: Ph�se I Phase I consis�s of�erfo�•ming an assessrr�ent and presenting recommendations to REI1. Assessme�t: Revi�w U's current safety pratacols and develc�p recor��rnendatians on nz�tl�ods to imprave the �ar�gra�n. T11e assessnler�t��i11 include zneeti�lg alzd interviewing�Zeg��bers of each wc�rk group and reviewing all relevant safety u�fc�rm�tion such as e�sti.ng policies, fornzs, a�d procedures. The assessnaeilt must.be ct�mpreh�nsive and also consider the following categari�s: 7't�aia�i�a�� E�a�uat�the eunent trainin�prc�gram for ea�h wr�r�ing group inc].uding traini�3g requirements for each job fu�lcti.an a.��d for new employees. T1�e evaluation must include a review arzd recommendatic�ns on, metho�s far c3etermining training requirements, schedulialg, tracking, arld adminastering training. Safety Ins��c�tio�zs: Evaivatc the current safety i�spection prograrr�for�ach working group anc3 safety itlspectian requir�ments for each job function. The cvaluatian must include a review anc�recommen.dations�n safety inspection format, software/�echnology,inspeetion req�iren�ents by ro1e, proeedure� fc�r trackir�g ins�ections, and methods ol�resalving failed iteri�s. �'r�e-T�otAk I'lannirag: Evaluat� c;ur��ent pre-v�ork plann�ng pra�edures far each workin�; graup and pre-work planning requirements for each job f�netiQ7�. The evaluation must znclude a review and recor�inlendations on tailboard meetings, job hazard anal.yses, and work plans fo�-standard op�ratic�ns including the format, software, fiequ�ncy, and methoc�s ft�r trackin�;them. Incidenl Marzagement.• E�jaivate curre�t i�cident m���agernent proeedut��s for eac1�v,�orkir�g gi�o�tp and for �ach jc�b �func�ic�n. The evaluation �nust i�nclude a review and reec�m�nendat.i.a�s ozz ineident reportiz�g, incid�i�t n7anagezne�3t, i�nciderlt investigatian, �ear-rniss r�porti�g, anc�shari��g of lessons 1eanlec�from.incidei3ts and near��x�isses. .Reeo�nitio�a c� Aware�2ess: Evaluate th� cu�-rent procedures to recognize and �romote safety awareness fc�r �ach working grou}� ar�d far each jol� functic��7. The ev�luation must include revaews az�d recommendations c�n pratacols to incentivize safe behaviar, Pa�e � 1 con�znunicate s�fety news, engage with safety pr€�fessional� i�z the insjustry, and spl�ad departnae�lt awaren.ess of safety policies. ,Stat�etr�ry Repoa�tir�.g arzd �'r�ntr�cals: Perfc�rna a com�reheflsive evaluation of the cur�rent safety��olicies fc�r each c�epaz•tn�ezzt anc�for each job fi�nction thrc�ugh the lens of statutory cc�n�plianc;e&identzfy a.r1y ga�s in�olicies�r protocc�ls.Exatnples afpolicies and�rotocals t€� �val�ate inclt��e safety ins�ectians, pre-task pla�ining, training, a�d i�7cid.�nt ��anage����nt. The evalu�9iai1 must include a revieu�and recc�rz�m�ndations �n th�meth��s of ke��sing tl�e�rogram c���pliant and up ta date. Ad,�nznist��ation.• Evaluate th� c�zrrent procedur�s�o administer t��e safety pr€�gram for e�ch wc�rking graup azlc� for �ach jt�b functian. The evaluatio�� znt�st i�lclude a revie�u and r.ecc�mznen.datio�s on th�jc�b funetic�ns and th�hi.erarc�y o�rale� i�vol�ed in adminis�ering t�e �rogr�m, ti�ne analysis �f staffing requi�-eme�ts, c�xga�izational �o�1s t€� ciesigz�afe �nd maz2age rol�s and re5�onsibilities, and protocols to ixnprove ths pro�ram over time. The �ssessrr��rat must also evaluate the v�iability�f inco��orating environmental compl�iance i.z�to the salety pro�ram and its administration stru�ture ancl provide a staffing analysis. Rec��nmendation: F'repar� a repc�rt t� docum�rzt reco�n�nendations to strengtlaen tlle existing safety prc�grazn arising frozn the assessznent. Th�repc�rt shall include a scope c�f work,pricialg, a�7d a tirneline far Phase II services. ��ns��itant sh�ll cotlaborate with kEU to vali�ate t17e �-ecozra7n�ndatic�ns a��ic� ensure the r�p�rt co�lveys az3 actro�zable scope c3f work 1�efore incorpc�r�ting c���te��t into the deliverable.Each �rc�tocol recc�minendatior� must o�tli�le t17e reasonin�; 1�ehind it, the rcco�zlnended approach to �d��inister it, az�c�provide a���nal�sis of the staffili�burden requixed.REU�1as outla��ec1 the c�esir�d state of each aspect of the pragram nated abov� as follows: T��ai�ain�r� T�ae desired state includes clarifying traii�in� re�uireme�t� for eac}Z jc�b classifica�tiQz�, strea�mlining tra.ining mazlagement and. recordi�g pr�cedures, ct�orc�inating inter-d�part�nental�ra�ning &scheduling, �nd i�zplementing rma�tdatc�ry onboarding safety t�aini��. Sa�ety Ila�peeti�fzs: TT�e c�esirec� state is t� e�pand safety irtsp�ctic�r� r�qui�-e�nents bcyor�d supelvis<>rs, est��alish standardized in�p���ic�n forn�ats, inc�ntivize ha�ard identi�eation & resolutian, utilaze izlspec�ion c�ata f�r ��alytics � traznin�, and incor�<>�-a��e cross- departnlen�al pe�-spe�;t.ives into safety inspecti�a�s. Pa�eeW�rr1� PZaTa��in�: The desir�d state is for �reework planning protocc�ls �o acti�J�l� ide�tify haza��ds, �ngage employees beyaz�d crew and �upervisors ia� pre-wark planning, d�velop and train€�n woric�lans fc�r standarcl work op�rati�ta-s,t�.tiiize p.re-task plan data for ���� � z analytics and traini.ng, and incc�rparate cross-depaz�ttnent pes-speetives into prea��c�rk �l an�zi�tg, Incide��t M�znag��a2erzt: The desired stat� i� tc standardize protac.ols, ine��r�rate �ncid�nt rep�r�ing a.nd ro«t cause analysis �rotacols ta learn fr�� iz�cidez�ts, prc�tnate re�orting c�f ��ar-miss e�>ents, atad incorp��a.te incident rnanag�ment�prs�tacols infia frai�i�ng. .Tzecog�ritio�z. and Auvareness: TI�e desired state i��cludes es��blishi�g� a stanc�ardized saf'�ty incentive program, improving cammuz�ication �rrc�tocols ancl inf�rmation s��aring, incr�asing awareness, �ublishin� safety pc�licies, and pro�nating em�l�yee;participation in safety �c�ucatiQ�a. �dministratic�n: T�sa desired sfa�te znvolves dev�loping a role & r�spc�nsibil.i�ty 7natrix fc�r each cPepartznent, establishing an escalatic�n hierarcl�y, desi�;n�ting safety lead�rs wi�hin vari�us ��orking g�-oups, stzl�cturing safe�y lneetings, anc� inaplementing protocols fc�r cc�ntinuous iznprovement, Statutor y R��ort�i�zg ar�d P�otocals: The desired sLate is to be co�nplia��t �vitl� statuta�y requirezzlents and ta establish standardized protc�cols for n2onitori�g ec�lnpliance�z.tracking and u�rdatia�g policies to ens�re �v�r�11 c�mpizance. C�nsultaz�t s17a11 hold progress rneetings during Phase I to discuss r�co�n�n���dations ��1d ��•es�nt 3Q%, 6Q%, a.r�d 9tl% draft� c�f the report deliverable. Consultallt sha11 formally sub�nit a 60°lo ai�d. 9Q% d��aft report for REU review a�zd com�nent prie�r to subznitting the ��1a1 deliverable. � The consu].ta�t w�1a. inf€�rm.all� preserlt con��t�tlfindings and ��gage in (�/� in t�e 30% pragress zneeting. This stage is defined by having an outline �f tlle recorz�mendatit�ns aald approach in im�l�menting them. � The consultagzt will forrna�Iy sul�mit a �0% deliverable ar�d pagegturn th� cor�tenf. with R.EU at the 60% progress mee�in�, This stag� is de�ned by valic�ating the format of the report and validat�ng all recc�mznendations Fcrr cc�nsic��ra.tio�a * The cansultar7t will formally submit a 9Q% deliverable and �age-turn the content witl�12EU at the 9�°lo progress zneetinga T�is stage is d�fiz�ed by a report co�taii�irag ai1 validated cantezlt and a complete report wit��the exceptian of zni��c�r f�rznattiz�g. The 90% delive�-able z���st contaizl alI assessmer�t findin�s and recommende� pr�tocol. The recomn�enc��tions fc>r impro�T�ment i��ust}�e su�spc�rtcd by examp�es f�c���a t�e industry and/e�r reasc�ning l�elaind t��e reconzmendatio�� such that they may justify �ecisioza��nal�ing to the pt��Iic. Consultant sha11 prepare a�1d submit a "10(�%" de�iv�rable to U which rraust izlclude a repc��-t u�ith the fzndings af the assessinent. Th� consult�nt will present the assessnlez�t in-person to REU $z erz��ge in Q/A an �he deli�erables and recamin�nd�tions. Page � 3 Phase II �'l�ase II consists of designin�, develo�il2g, and impleme�ting improv�m�nts to I�EU�'s safety pr�gram. Pro�ram I��si�n& Developnlent: R�U wi11 cleuide on�P��protocals t�n�o�re fc�rivard with based upan Car��ultaa�t's re�t�mn�endati�ns frc�n7 Pha�e Z, �l�d �o�asult�nt may be engaged in developing tlle protocois c�ut�ined in tl�eir recommer�datian.. Cc�nsultant wzll develc�p an �sti�nate for F°l�ase II serviees based on 9he protcsc�l R�IJ elects ta move f�rward �Tith. C�nsulta��t u�i1�tneet with R.I;U cmployees ir1 order tc� d�velop �pilat t1�e protocal at a mutua�ly a�reed-upo�a frequer�cy. Impletnentat�on: The consulta�nt �nay be ezlg�ged in routi�se support in in�plemer�ting or updating protc�cols or a� d�termined n�cessary by I�CU. L�o�sultant wi11 develc�p an esti�nate c�f services as requested by �,U. Services n�ay ailc]udc b�z�are not lin�ited to peric�dic updates of IZE[_11�olici�s &procedures, incide�zt in�7�stigation &ananageznent, and adrnrnistration af sc�ftware. �;lari�c��i€�ns & Ke�Proiect Requircments 1. C;onsult���t will hos�t a weekly progress m.eeting for the durati�z� €�f the�r�ject. Co�sulta�lt �vill prepare the zneeting agen�as and distribute mecting z�inutes. l�rogr�ss meetings can be t�ebabased. 2. The farm�t of the assessz���nt/recomm�ndation must be appra�Ted by REU prior ta sul�rnit�ing and prese�tir�g the 90%v�rsi��. 3. Cansultant must llave staff avaalabl�tc�travel to Redding, CA as r�ecessary to cQn�plete the wo�k. �. Consult�nts m�st ha�Te th� c�pabilit:y to administer and train R�U employees on all software recoznnzended in tl�eir protocol. S. I'1�ase 1 n�ust include a rniniznun�of S�days on-site. b. Supea�viso�-�and ezz�ployees wiZ1 need to b�intervieu�ed to gain�erspective in the evaluatio�� to identify gaps. Cooperatz�n and the abality ta sha��e perspect�ve wit�out fear of rep�rcussio�l �s paranlo�nt. 7. Cc�nsultant's recomm�radations ne�d to differentiate between which prc�tocols are required. in order to rneet miz�imurn requirem�nts and which protocols are recorruzaended in order ta �e consistent, with industry star�dards or best praetices. Soth in�ast �be �onsidered in the assesstnezlt. 8. ConsuItants' recon�n�e��datic�ils rnust identify th�roles and respoi�sibilit�es and estimate the tizn� cc�n�mitments r�qu�.ired of I�EU cmployees invotved in a�r��inist�ring the p�-ogra�n. 9, C�ons�ltant's recamrr�endations must iracll�de a hierarehy ofroies within t11e safety program. 10. The consu2tant inus� evaluate the viability of administering t��e safety �rc�grain �vit�i and wit��out full-time dedicated safety staff. pa�e � � 1 l. The consult�nt gnust eia.]uate the viability of incc�rparating environmental cc��7pliance into the safet�program �nd its administratzc�aa structure 12. De�ai-tu�re or reassign�nent of, Qr sub�titutic�n for, any mem.bc�r of the desigr�ated �rc�ject team sha1l not be �zlade;�uitl�out the prior writter� appT�ova1 of REU. Page � 5 � Exhi it �- Fee S�he ul� �t�a�e 1 Phase 1 shail be performed for a firm fixed price ot$62,300. The schedule of values will be as fallows: Phase 1 Schedufe af Values Preparation and Qata Gathering C?utline of Appdicabie Regulations $ 7,62C� Unsite verificatior� Site Visits C'amp/eted $ 12,120 30%RepQrt Proqress Meeting $ 12,120 Research and Report Develapment 60%Assessment Report $ 27,750 90%Assessment Report $ 6,000 1t7Q°o Assessment Report $ 3,000 Meetings and Foliow-Up 10C1%Assessrraent Report $ 3,690 Total $ 62,300 Payment will become due tapon REU acceptance of the listed deliverable. �hase�: REU m�st provide written noti#ication for Consultant to begin Phase 2 services before the work shall begin. Phase 2 work shafl be perForm�d on a tirr�e and materiais basis with a cost not to exceed $�0,000. The foflowing labor rates shail appiy for the duration of the prajects: � _ _____. ,= s � � �� � _ � .t��„ ��� ��� � �� . �� l.���� 1 ��:��ntist/E���n��r �1��5 �ci��tist,r°E��e�ir���r ��1� l�vel � f'r�a�€��-� ���{��rv���� �12� �re���ct �::i��tis�a'Er�c�ir���:r �1q� L�y��� 3 �'rc�j��t P�����er �15t� £ �����I � �'r�jc�cc P�9�r;�c��r', 5���ic,�r �ci�n#;�t!'�r}�ir���r �77� L��r�� � ��r7��a� Prc�j�c:t �����a��r �1c�� µ L����f � S�r�ic�r Prc��€�t E�ie�ct�r �2�{� f �.�ve6 7 4ssc�c��stc� �r�r�cip�1 ��5C� F�ri�3ci��9 �25� " Leu�l � S�s�aicar° �rir��i�a�l ���� .a� � ,, ,,.. ,::��������'����,��� x. ,� , „ � , � 1ec�sr�i���n ��� ��i�i�r '�"r�c�I�t�i�E�r� ��� sl ,,�,.�; ��arts�r�.t�tf�ar� ��ap�e�rt �1��; � �� � ' .. ������ � ����" ��� ������.,, , E�� � � . ;, � 4, ��. �� n`' ��prart ���c���ist ��� :�� The follawing hourly rate categories shall apply�o praject personne!for the duratior� of the praject: � � , � � � ��� � � ��� � � �Y t `�2'"` '�i'+ 3�`{A x L3t 4' �'' � � �y'`�` �.�'�{� k t"�r�L�"t�'S� '�+�����4 s}� 7S��.h "���`C4`��^"'"��,.�.}�., �''��� r �'�5 e�, "���'"�" 1 .w t w �: ���,� �ra�e� `�n ���#s� ;�'�i�� ��� �^ a �st + r � � .,•,`'�'�..�;.�,�,5,y�?�,���������'���``t��/'�.;,�,�a�������t`Y'�`�;Sy����..�,.:k�.�.�",��F����:�. ,,"�' ,.....�,�., `�,t�..��a,��,:�,�.��T��t� �r�s��� �ir�clais�, ���tV�, �SP* �� �acF���l �a�rn�r, �SF�, �IFaI* �.� �ar�ce Gr��n�, �SP� �5 �9artna� �(a)rt�r* l.4 ��yless �ift�t�r�, �IFi, CSP L6 ��� �ra�a�4rr��r�, �IF6, CS� Lf Cady Yousho�k, CCF-�, CSP, CF�I�1P�* L5 C�len �i�rtchi �6 �rr�y Spanr�, PE �.6 C�iar�� E��z�� �3 .)ar�rt W�11er �.� ��tar(�s �lil��r�* �� Danr�y €��anes, CtJSP*� ', �.6 `Kt.'y'f?E'f"SOt'�;1C?� '�Sct�JCt7�t7t`#'C�C��t" �f�CIfIC��It�C15: � Cans�ltant shall notify REU irr writing wf�en the Phase fl projeet eost reaehes�C}% of the r�ot-to- exceed arnount. � All ir�terna{ cop�ring,eorriputer usage,and report materiais are incl�aded in the labcar rat�s. � Labor rates ir�clude all�eneral and administrative fees, overhead, and profit. � t�ther direct costs and expenses far Phase 11 shall be billed at eost plus 1S%fee. � Phase 1 pricing ineludes alf travel and sub-consultant eosts required for the Car�sultant to complete the work as described in ExhibitA. . � I T Y ,,.�- CITY � 1 � ��;:'� 777 �ypress Aver��e, Reddir��, C� �6C}�1 , . �"�� PC:J BC�� 43�C?71, Redding, CA �6C}4�-�t�71 9 � 1 F �,�:` w �"�'� cityc��r�c�clir�g.�r� �.�� September 26, 2023 REQUEST FOR PROPOSAL TO PROVIDE SAFETI'CONSULTING SERVICES TO THE REDDING ELECTRIC UTILITY CITY OF REDDING, CALIFORNIA (Schedule Number 5405) In accordance with the provisions of the Municipal Code of the City af Redding, sealed prapasals must be submitted to the City Clerk's 3ra floor office of the City of Redding, located at City Hall, 777 Cypress Avenue, Redding, California 96001 prior to 3:00 p.m. PST, Monday, October 23, 2023, for furnishing the City of Redding a proposal(s) to provide safety consultant services for the Redding Electric Utility per the attached specifications and general conditions. PROPOSALS RECEIVED AFTER THIS TIME AND DATE MAY NOT BE ACCEPTED OR CONSIDERED. The said proposals will be opened at 3:00 p.m.PST,on Monday,October 23,2023,in the designated City Hall Conference Room as posted in the main lobby of City Hall, '7'77 Cypress Avenue, Redding, California. The �roposer sha11 provide the ori i�na1 (unbound) pro�osal and one (1) exact co�y of the praposal in PDF format on a USB"thumb"drive. Fax or electronic submission of proposals wi11 not be allowed. The City will award any resulting contract in a manner consistent with the City Purchasing Ordinance. The cut-off date and time for receiving questions regarding this RFP is 5:00 p.m. PST, on Friday, October 6, 2023. All inguiries must be made in writing and may be submitted to the email address shown below. THE CITY OF REDDING Purchasing Division ���,f� ��.� ��.� ���r����� � �° Michelle Kempley,Purchasing Officer �k���1��,��tyc�fr�dd�r� .�c�r� NOTE If a potential bidder/proposer received this solicitation document through some means other than surface mail from the City of Redding(such as from the City of Redding Internet web site, or from another prospective bidder/proposer), it is the responsibility of the potential bidder/proposer to advise the assigned City of Redding Purchasing contact of its intention to submit a bid/proposal so that any addenda or other correspondence related to this solicitation will be sent to the potential bidder/proposer.When contacting the Purchasing Division,the bidder/proposer shall provide the solicitation number located on the cover page of this document. Transmittal of this information must be in writing, by U.S. Mail, fax, or e-mail. Transmittal of this information via telephone is not acceptable. Please submit bid/proposal as directed in the RFP package. Forward to: City of Redding City Clerk 777 Cypress Avenue Redding, CA 96001 Proposals must be received by the Cit_y Clerk's office prior to 3:00 p.m. PST on the date indicated below. Mailing envelope is to be clearly marked on the outside with the following notation: "Proposal for Schedule No. 5405; opening at 3:00 P.M., on Monday, October 23, 2023" Note: Signatures must be legible, indicating fu11 �rst and last name. The City of Redding Purchasing Division Request for Proposals for Safety Consulting Services RFP Number 5405 I I ���C��I"I� �...�1�1�1�`� September 26, 2023 TABLE OF CONTENTS INTRODUCTION......................................................................................Page 2 BACKGROUND INFORMATION.................................................................Page 2 SCOPE OF PROJECT................................................................................Page 3 PROJECT TEAM......................................................................................Page 7 PROPOSAL FORMATiREQUIREMENTS......................................................Page 7 SUBMITTAL INSTRUCTIONS....................................................................Page 9 STANDARD CONSULTANT AGREEMENT...................................................Page 9 EVALUATION CRITERIA........................................................................Page 10 PROJECT SCHEDULE..............................................................................Page 10 CONTACTS............................................................................................Page 10 ATTACI3MENTS....................................................................................Page 11 1 ( F� � � ^� INTRODUCTION The City of Redding (City) is soliciting proposals for safety consultant services including: assessing Redding Electric Utility's (REU) existing safety program, providing recommendations for safety program improvements, and supporting the administration of a uti]ity-wide safety program. The project will inc]ude on-site and remote work, and the on-site work will involve travel to various worksites in the general vicinity of Redding, California. The scope of services is further described below in this Request for Proposals (RFP) which includes a description of the scope of services, proposal requirements, and instructions for submitting your proposal. BACKGROUND INFORMATION The City of Redding and REU is a 61 square mile municipality located in Northern California, 160 miles north of Sacramento, and serving a population of roughly 92,000. REU, a department of the City of Redding, is a publicly owned, not-for-profit electric utility with approximately 44,500 customers both residential and commercial. REU generates over 800,000 megawatt hours of electricity annually with a peak load of over 250 megawatts. REU operates a Power Plant located at 17120 C1ear Creek Road in Redding that serves as its primary local generation resource. When necessary, REU supplements power production with power market purchases when economically feasible. The Power Plant has a total nameplate capacity of 191 MW and consists o£ (3) Gas Turbine Peaking Units (2) Combined-Cycle Gas Turbines (1) Steam Turbine The utility also owns and operates a sma11 hydro project at the base of Whiskeytown Dam. REU is a member of the Balancing Area of Northern California(BANC)and operates its own scheduling and marketing desk as a certified California lndependent System Operator (CAISO) Scheduling Coordinator(SC); as well as a current participant in the Energy Imbalance Market(EIM). Redding Electric also has contracts for supplied power with the Western Area Power Administration (WAPA)—Sierra Nevada Region, and transmission rights on the California-Oregon Transmission Project (COTP) in the amount of 140 MW. REU manages '71.6 miles of ll SkV lines, roughly 746 miles of overhead and underground 12kV distribution lines, and 11 115kV to 12kV substations. Redding Electric currently has the following North American Electric Reliability Corporation (NERC) utility registration functions: Distribution Provider(DP) Generator Owner(GO) Generator Operator(GOP) Resource Planner(RP) Transmission Owner(TO) 2 � � � � � Transmission Planner(TPL) Transmission Operator(TOP) The organizational structure of REU's employees and approximate number of employees of the various classifications is included in"Attachment A—REU Program Organization Structure" SCOPE OF PROJECT The scope of work includes two phases. Phase I includes providing services to perform an assessment of REU's existing safety program and presenting recommendations on program improvements. Phase II is at the discretion of REU and includes providing services to support implementing and administering an improved safety program. A consultant services agreement wi11 be executed for the combined services. It is the intent of the City to hire a consultant who will provide complete comprehensive safety consulting services with minimal support from City personnel. A list of the services requested is as follows: Phase I Phase I consists of performing an assessment and presenting recominendations to REU. Assessment: Review REU's current safety protocols and develop recommendations on methods to improve the program. The assessment will include meeting and interviewing members of each work group and reviewing all relevant safety information such as existing policies, forms, and procedures. The assessment must be comprehensive and also consider the following categories: Training: Evaluate the current training program for each working group including training requirements for each job function and for new employees. The evaluation must include a review and recommendations on methods for determining training requirements, scheduling, tracking, and administering training. Safety Inspections: Evaluate the current safety inspection program for each working group and safety inspection requirements for each job function. The evaluation must include a review and recommendations on safety inspection format, software/technology, inspection requirements by ro1e, procedures for tracking inspections, and methods of resolving failed items. �'Ne-Wark Planning: Evaluate current pre-work planning procedures for each working group and pre-work planning requirements for each job function. The evaluation must include a review and recommendations on tailboard meetings, job hazard analyses, and work plans for standard operations including the format, software,frequency, and methods for tracking them. IncidentManagement:Evaluate current incident management procedures for each working group and for each job function. The evaluation must include a review and 3 ( 6� � � � recommendations on incident reporting, incident management, incident investigation, near-miss reporting, and sharing of lessons ]earned from incidents and near-misses. Recognition and Awa�eness: Evaluate the current procedures to recognize and promote safety awareness for each working group and for each job function. The evaluation must include reviews and recommendations on protocols to incentivize safe behavior, communicate safety news, engage with safety professionals in the industry, and spread department awareness of safety policies. Statutory Reporting and P�otocols: Perform a comprehensive evaluation of the current safety policies for each department and for each job function through the lens of statutory compliance and identify any gaps in policies or protocols. Examples of policies and protocols to evaluate include safety inspections, pre-task planning, training, and incident management. The evaluation must include a review and recommendations on the methods of keeping the program compliant and up to date. Administration: Evaluate the current procedures to administer the safety program for each working group and for each job function. The evaluation inust include a review and recommendations on the job functions and the hierarchy of roles involved in administering the program, time analysis of staffing requirements, organizational tools to designate and manage roles and responsibilities, and protocols to improve the program over time. The assessment must also evaluate the viability of incorporating environmental compliance into the safety program and its administration structure and provide a staffing analysis. Recominendation: Prepare a report to document recommendations to strengthen the existing safety program arising from the assessment. The report shall include a scope of work,pricing, and a timeline for Phase II services. Consultant shall collaborate with REU to validate the recommendations and ensure the report conveys an actionable scope of work before incorporating content into the deliverable. Each protocol recommendation must outline the reasoning behind it, the recommended approach to administer it,and provide an analysis of the staffing burden required.REU has outlined the desired state of each aspect of the program noted above as follows: Training: The desired state includes clarifying training requirements for each job classification, streamlining training management and recording procedures, coordinating inter-departmental training and scheduling, and implementing mandatory onboarding safety training. Safety Inspectians: The desired state is to expand safety inspection requirements beyond supervisors, establish standardized inspection formats, incentivize hazard identification and resolution, utilize inspection data for analytics and training, and incorporate cross- departmental perspectives into safety inspections. 4 � � � � � P�e-Work Planning: The desired state is for pre-work p]anning protocols to actively identify hazards, engage employees beyond crew and supervisors in pre-work planning, develop and train on work plans for standard work operations,uti]ize pre-task p]an data for analytics and training, and incorporate cross-department perspectives into pre-work planning. Incident Management; The desired state is to standardize protocols, incorporate incident reporting and root cause analysis protocols to learn from incidents, promote reporting of near-miss events, and incorporate incident management protocols into training. Recognition and Awa�eness: The desired state includes establishing a standardized safety incentive program, improving communication protocols and information sharing, increasing awareness,publishing safety policies, and promoting employee participation in safety education. Administ�ation: The desired state involves developing a role and responsibility matrix for each department,establishing an escalation hierarchy,designating safety leaders within various working groups, structuring safety meetings, and implementing protocols for continuous improvement. Statutory Reporting and Protocols: The desired state is to be compliant with statutory requirements and to establish standardized protocols for monitoring compliance and tracking, and updating policies to ensure overall compliance. Consultant shall hold progress meetings during Phase I to discuss recommendations and present 30%, 60%, and 90% drafts of the report deliverable. Consultant shall formally submit a 60% and 90% draft report for REU review and comment prior to submitting the final deliverable. • The consultant will informally present and engage in questions and answers in the 30% progress meeting. This stage is defined by having an outline of the recormnendations and approach in implementing them. • The consultant will formally submit a 60% deliverable and page-turn the content with REU at the 60% progress meeting. This stage is defined by validating the format of the report and validating all recommendations for consideration • The consultant will formally submit a 90% deliverable and page-turn the content with REU at the 90%progress meeting. This stage is defined by a report containing all validated content and a complete report with the exception of minor formatting. The 90% deliverable must contain all assessment findings and recommended protocol. The recommendations for improvement must be supported by examples from the industry andior reasoning behind the recommendation such that they may justify decision-making to the public. 5 � P � � � Consultant sha11 prepare and submit a "100%" deliverable to REU which must include a report with the findings of the assessment. The consultant will present the assessment in-person to REU and engage in questions and answers on the deliverables and recommendations. Phase II Phase II consists of designing, developing, and implementing improvements to REU's safety program. Pro�ram Desi�n and Development: REU will decide on the protocols to move forward with based upon Consultant's recommendations from Phase I, and Consultant may be engaged in developing the protocols outlined in their recommendation. Consultant will develop an estimate for Phase II services based on the protocol REU elects to move forward with. Consultant wi11 meet with REU employees in order to develop and pilot the protocol at a mutually agreed-upon frequency. Im�lementation: The consultant may be engaged in routine support in implementing or updating protocols or as determined necessary by REU. Consultant will develop an estimate of services as requested by REU. Services may include but are not limited to periodic updates of REU policies and procedures, incident investigation and management, and administration of software. Clari�cations and Kev Proiect Requirements 1. Consultant will host a weekly progress lneeting for the duration of the project. Consultant will prepare the meeting agendas and distribute meeting minutes. Progress meetings can be web-based. 2. The format of the assessment/recommendation must be approved by REU prior to submitting and presenting the 90%version. 3. Consultant must have staff available to travel to Redding for routinely scheduled meetings 4. Consultants must have the capability to administer and train REU employees on all software recommended in their protocol. 5. Consultant should estimate spending five days on-site for Phase 1. 6. Supervisors and employees will need to be interviewed to gain perspective in�he evaluation to identify gaps. Cooperation and the ability to share perspective without fear of repercussion is paramount. '7. Consultant's recommendations need to differentiate between which protocols are required in order to meet minimum requirements and which protocols are recommended in order to be consistent with industry standards or best practices. Both must be considered in the assessment. 8. Consultant's recommendations must identify the roles and responsibilities and estimate the time cominitments required of REU elnployees involved in administering the program. 9. Consultant's recommendations must include a hierarchy of roles within the safety program. 6 � �� � � � 10. The consultant must evaluate the viability of administering the safety program with and without full-time dedicated safety staff. 11. The consultant must evaluate the viability of incorporating environmental compliance into the safety program and its administration structure PROJECT TEAM REU�is requesting aIl proposers shall assure REU a designated project team wi11 be used for this proposal. Departure or reassignment of, or substitution for, any member of the designated project team sha11 not be made without the prior written approval of REU. PROPOSAL FORMAT/REQUIREMENTS Each response to this RFP sha11 include the information described in this section. Please provide the information in the specified order. Failure to include all of the infor�mation specified may be cause fo�rejection. Additional information may be provided, but should be relevant to the goals of the RFP. Any additional information a proposer would like to include that is not speci�cally requested, should be included in an Appendix to the proposal. Proposers are encouraged to keep their proposals brief, but sufficiently provide detailed information in order to allow proper evaluation.Note,excessive information will not be considered favorably. Unauthorized eonditions, omissions, limitations, or provisions attached to a proposal will render the proposal non-responsive and may be cause for rejection. Any erasures or alterations of any kind, without initialing each and every such change, wi11 be grounds for a rejection. There shall be an original, unbound paper proposal with document pages sized at 8-1/2 inches by 11 inches inside, or folded to such a size. Use section dividers, tabbed in accordance with the sections specified below: • Cover Letter: o Title of RFP o Name and Mailing Address of Consultant o Contact,Person, Telephone Number, Fax Number, and Email Address o A statement that the submitting Proposer will perform the services and adhere to the requirements described in this RFP with wet-ink signature in: ��TI� signed by a member of the organization having the authority to negotiate and execute contracts on behalf of the firm. Cover letter must acknowledge receipt of any and all addenda, if any were issued(if in doubt, contact Michelle Kempley, Purchasing Officer at (530) 225-4137 or mkempley@cityofredding.org). • TAB A- General Firm Profile: o Include company name, contact information, office location(s), type of firm, staffing levels, date established, history, growth, philosophy, number of years in 7 ( � � �; � business under the same name, financial strength, number and type of accounts/clients. • TAB B-Experience: o Include a description of firm experience providing safety consulting services for municipal utilities as described in the RFP scope of services. This information should demonstrate substantial knowledge, experience, and success in providing appropriate and cost-effective consulting services. • TAB C- Project History: o List of all utility and public agency clients including current clients and any from the last ten years, length of engagement for each, and services provided for these clients. Please include any relevant examples of how the firm was able to improve these clients' safety programs. • TAB D-References: o Include a minimum of three references,with a description of the finn's experience in performing similar work, which the City may contact(name, telephone number, location, description and timeline of services performed). The results of discussions with these references will be rated to determine a portion of the proposal's scoring. • TAB E- Qualifications of Project Team: o Address and contact information for the project team �hat will be assigned to the proposaL This information shall represent the actual team members to be assigned to the City's account, and any changes shall only occur with the City's permission. • Tab F-Project Approach: o Specific and detailed description of the approach and work strategies or plans for services that will be provided or set forth in the scope of services and an associated timeline. • TAB G-Exceptions: o Describe all proposed exceptions, alterations or amendments to the scope of services or other requirements of this RFP. T1ie nature and scope of your proposed exceptions may negatively affect the evaluation of your proposal. • TAB H- Cost Proposal (MUST BE SUBMITTED IN A SEPARATE SEALED ENVELOPE): o A lump sum proposal for Phase I services. o A comprehensive, specific statement indicating how REU's Phase II services would be priced and the estimated monthly costs to provide the requested services. This shouid include a detailed and complete itemized list of all 8 � F� � � � applicable labor costs, fees for services, and any and ali other charges. Please specify all pricing options available(flat fee for service; additional hourly rate for consulting help). Cost shall not be mentioned anywhere in the cover letter or body of the proposal. o Hourly rate sheet for al1 staff involved and any additionai fees. SUBMITTAL INSTRUCTIONS Your submittal package shall include the following; l. One (1) original, unbound with wet-ink signature in blue and one(1) sealed cost proposal and One (1} exact digital copy of your proposal in PDF on a flash drive (minus the cost proposal) 2. Proposals shall be submitted no later than the time and date indicated in the cover page of this RFP. A11 submittals shall be submitted in a sealed envelope or container and clearly marked on the outside, "Proposal REU Safety Consulting Services, Schedule 5405." 3. Proposals shall only be submitted to: City of Redding Attn: City Clerk Department 777 Cypress Ave Redding, CA 96001 4. Faxed or emailed proposals will not be accepted. 5. REU/City of Redding shall not be responsible for proposals delivered to a person or location other than that specified herein. 6. Postmarks wi11 not be accepted and proposals received after the deadline date and time may not be accepted or considered. 7. REUfCity of Redding reserves �he right to waive minor defects and/or irregularities in proposals, and shall be the sole judge of the materiality of any such defect or irregularity. 8. REUfCity of Redding reserves the right to cancel this request for proposals at any time. STANDARD CONSULTANT AGREEMENT The vendor selected to provide the scope of services listed in this RFP sha]l use the City of Redding's standard eonsultant and professional services contract upon award. A copy of this agreement is attached to the back of this RFP. By submitting a proposal, the vendor agrees to utilize the City standard agreement form for the life of the contract. 9 � P � � � EVALUATION CRITERIA The following evaluation criteria and rating schedule wi11 be used to determine the most highly qualified firm(s): Evaluation Criteria Maximum Points Possible A. Experience and qualifications of firm and 25 team members B. Prior references and history working with 25 ublic owned utilities C. Pro'ect A roach 25 D. Pro osed Costs 25 Total Possible Points: 100 PROJECT SCHEDULE RFP Issued....................................................................Tuesday, September 26, 2023 Deadline for Final Questions.................................................... Friday, October 6, 2023 Addendum issued(If Necessary)by.......................................... Tuesday, October 10,2023 Proposal Submission Deadline................................................Monday, October 23, 2023 Evaluation of Proposals................................................................ October 23-27, 2023 Interviews(If Necessary) .................................................Wednesday,November 1,2023 City Council Consideration for Approval................................ Tuesday,November 21, 2023 CONTACTS All inquiries ar questions are to be submitted in w�iting (email) to the contact indicated below: Michelle Kempley, Purchasing Officer: �7�1���p�e�����t�c��rec�c�i�e�� Inquiries should reference the specific section(s) of the RFP involved. Clarifications provided that are deemed material to the understanding of this project, will be shared with all known interested parties by way of formal written addendum. Do not attempt to contact other individ�uals or REU1City departments in this regard. Information provided by anyone other than the above contacts may be invalid and proposals wl�ich are submitted in accordance with such information may be declared non-responsive. 10 � P � �` � ATTACHMENTS A. REU Program Organization Structure B. City of Redding Consulting and Professional Services Contract(see Section 5 for Insurance Requirements) C. 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'�nVc2S'.4"`s.Akt,N.R;aF�VR.. y.�d,"�„�� ..e.�M1�u9s�Z.��_��tt4r3t�7�dE�3�t:SN*„Fk l:t.Yi'R le CF.?vk,xN:+GtI FN. - 3"fw..if�L;l4V Sr.{p},t.Y�F�i.M1dio-:l��,f,YSt YPd�°'�F{lhvibfF,€t.�' .4(SL.h};6".�%WS'^�APd ,R��,iA.E=h<n'�±CC Sd,t a"el'vG"', 1 ���tyy c�f���ic��r�c� ���e�tri� �tili�y ���������������� { ������,����������� ; �������� ��> �������R����,�� �,�, ���� , � �x �_ ��., � �� .� _��,�,. �,w_t�,��w�,��,�a� �,��� � .: h r...� .a .��rn: �� ��.. =�u_�.���� ,����< u� -�.����z�r� ��������� , '� , � , . ,,; ����,���������,���� ���������,������� ������� ��� ���, ��� , � , ,��,��e� r ,t�� ;�z�� „��G�,����.,�. , �,n�t � ,�.: � ..ef�� ���<i ,��s��r�, ,.�u,� �. �. �.W��E��o��,�� 2 CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made at Redding,California,by and between the City of Redding("City"), a municipal corporation, and ("Consultant") for the purpose of WHEREAS, City does not have suf�cient personne] to perform the services required herein thereby necessitating this Contract for personal services. NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows: SECTION 1. CONSULTANT SERVICES Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A,attached and incorporated herein. Consultant shall provide the services at the time,place and in the manner specified in Exhibit A. SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. City sha11 pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed ($_). This sum includes all out-of- pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. B. Consultant shall submit monthly invoices to City for work completed to the date of the invoice. All invoices sha11 be itemized to reflect the employees performing the requested tasks, the billing rate for each employee and the hours worked. C. All correct,complete and undisputed invoices sent by Consultant to City shall be paid within thirty(30) calendar days of receipt. SECTION 3. TERM AND TERMINATION A. Consultant sha11 commence work on or about and complete said work no later than . Time is of the essence. B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant fails to fu1fi11 in a timely and professional manner its obligations under this Contract, Consulting and Professional Services Agreement Page 1 Rev. 8/23 then City shall have the right to terminate this Contract effective immediately upon. City giving written notice thereof to Consultant. C. Either Party may terminate this Contract without cause on thirty(30) calendar days' written notice. Notwithstanding the preceding, if the term set forth in Section 3.A. of this Contract exceeds ninety(90)calendar days in duration, Consultant's sole right to terminate shall be limited to termination for cause. D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of City's funds which are appropriated or allocated by the City Council. Should the funding for the project and/or work set forth herein not be appropriated or allocated by the City Council, City may terminate this Agreement by furnishing at least thirty (30) calendar days' written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of payments due over the term of this Agreement. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law, rule,regulation or statute which conflicts with the provisions of this Section. E. In the event that City gives notice of termination, Consultant shall promptly provide to City any and a11 finished and unfinished reports, data, studies,photographs, charts or other work product prepared by Consultant pursuant to this Contract. City sha11 have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product. F. In the event that City terminates the Contract, City sha11 pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Consultant. G. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract. SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Consultant's performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access. Consulting and Professional Services Agreement Page 2 Rev. 8/23 B. Pursuant to the City's business license ordinance, Consultant sha]1 obtain a City business license prior to commencing work. C. Consultant represents and warrants to City that it has a11 licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant sha11, at its sole cost and expense, keep in effect or obtain at a11 times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession. D. Consultant sha11, during the entire term of this Contract, be construed to be an. independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship,trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant's income, iinposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. E. No provision of this Contract is intended to,or sha11 be for the benefit of,or construed to create rights in, or grant remedies to, any person or entity not a party hereto. F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors sha11 be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and sha11 obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager sha11 determine to be necessary. G. Consultant, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. I�. Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Consulting and Professional Services Agreement Page 3 Rev. 8/23 Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City. Consultant shall retain such records for three (3) years after the expiration of this Contract, un]ess prior permission to destroy them is granted by City. I. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant's profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract. J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have a11 intellectual property rights including, but not limited to, copyright and patent rights, in said documents,computer media,and other materials provided by Consultant. City shall release, defend, indemnify and hold hat�nless Consultant from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Consultant,except for use by City on those portions of the City's project for which such items were prepared. K. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant's economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk. Consulting and Professional Services Agreement Page 4 Rev. 8/23 SECTION 5. INSURANCE A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Covera�e Required Not Required Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Emp]oyers' Liability X Professional Liability(Errors and Omissions) X (Place an"x"in the appropriate box) B. Coverage shall be at least as broad as: 1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance,in an amount not less than$1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insuranee Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to a11 owned, non-owned and hired vehicles; 3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers'Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers; 4, Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000. 5. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility. C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City,either: the insurer shall red�uce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond Consulting and Professional Services Agreement Page 5 Rev. 8/23 guaranteeing payment of losses and related investigations, claims administration and defense expenses. D. The General Liability sha11 contain or be endorsed to contain the following provisions: l. City,its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers. 2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's insurance and shall not contribute with it. 3. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City. E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-VII. F. Consultant shall designate the City of Redding, 777 Cypress Avenue, Redding, CA 96001 as a Certificate Holder of the insurance. Consultant shall furnish City tivith certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements sha11 be submitted electronically via the PINS Advantage system. A link will be provided for the Consultant, or their insurance agent, to enter and upload documents directly to PINS Advantage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved in PINS Advantage by the City's Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been submitted as described above or provided in a timely manner. Consulting and Professional Services Agreement Page 6 Rev. 8/23 G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and wi11 not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation,provisions concerning indemnification. H. If any policy of insurance required by this Section is a"claims made"policy,pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effect for a period of eighteen(18)months after the termination of this Contract. L If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant sha11 immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Consultant shall submit a written report to City's Risk Manager containing the following information, as applicable: 1)name and address of injured or deceased person(s);2)name and address of witnesses; 3)name and address of Consultant's insurance company; and 4) a detailed description of the damage and whether any City property was involved. SECTION 6. INDEMNIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code § 2'782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, offieers,employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs} of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision(A) of this Section, and to the fullest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, em�ployees, and agents, and each and every one of them, from and against a11 actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract Consulting and Professional Services Agreement Page 7 Rev. 8/23 by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. C. The Consultant's obligation to defend, indemnify and hold harmless shall not be excused because of the Consultant's inability to evaluate liability. The Consultant shall respond within thirty (30) ca]endar days to the tender of any claim for defense and indemnity by the City,unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein. D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the alnount of indemnification to be provided by Consultant. E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. SECTION 7. CONTRACT INTERPRETATION,VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys` fees. B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, sha11 affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. Consulting and Professional Services Agreement Page 8 Rev. 8/23 C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City sha]1 be entitled to invoke any remedy avai]able to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract sha11 not be affected thereby and shall be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein. F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of 1aw set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply. G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the bady of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant. Consulting and Professional Services Agreement Page 9 Rev. 8/23 SECTION 8. SURVIVAL The provisions set forth in Sections 3 through 7, inclusive, of this Contract sha11 survive termination of the Contract. SECTION 9. COMPLIANCE WITH LAWS -NONDISCRIMINATION A. Consultant sha11 comply with a11 applicable laws, ordinances and codes of federal, state and local governments. B. In the performance of this Contract, Consultant sha11 not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin,religious creed, sex, sexual orientation, disability, age,marital status,political affiliation, or membership or nonmembership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry,national origin,religious creed, sex, sexual orientation, disability, age,marital status,political affiliation,or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruihnent advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. SECTION 10. REPRESENTATIVES A. City's representative for this Contract is ,telephone number(530} , fax number (530) All of Consultant's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee. B. Consultant's representative for this Contract is ,telephone number (� , fax number (� . All of City's questions pertaining to this Contract shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give a11 notices required herein. SECTION 11. NOTICES A. All notices,requests, demands and other communications hereunder sha11 be deemed given only if in writing signed by an authorized representative of the sender(may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: Consulting and Professional Services Agreement Page 10 Rev. 8/23 To City: To Consultant: B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Notice shall be deemed effective upon: 1)personal service;2)two calendar days after mailing or transmission by facsimile, whichever is earlier. SECTION 12. AUTHORITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fu11y authorized by all requisite actions on the part of the respective parties to this Contract. B. When the Mayor is signatory to this Contract, the City Manager andlor the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein. SECTION 13. DATE OF CONTRACT The date of this Contract shall be the date it is signed by City. Consulting and Professional Services Agreement Page 11 Rev. 8/23 IN WITNESS WFIEREOF,City and Consultant have executed this Contract on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: , 20 By: ATTEST: APPROVED AS TO FORM: BARRY E. DeWALT City Attorney SHARLENE TIPTON, City Clerk By: CONSULTANT Dated: , 20 By: Tax ID No.: Consulting and Professional Services Agreement Page 12 Rev. 8/23 #���$ c�� f 7 �a��s rp,, r ���' � '�4 Si'''�� �I t; tT `° � ��S �.{ � r 7 �:� i�t �� S d <y # y ��t t>t '�� �',{� �5`. V<r� {;� �� t£ 01 �t3C it r z . �i y f;� tvt�� �(n'i� �y� { a{ .r�t ;'1 �`�y bf �-.��� � �� x�r �� i� t� �1s # �,t �r3 �� �� ta .... ....... � i�.� �k � ��t,.�� i��v� �ls•,.,'`�'��,� �s� �an ��C,���u:� �l i�7� $�!r.��7#�EfTtr���� t{l� r,=�l � "��. �.����"� t"�,3��'f ��'��.,'�,„3����Fs�u�"�,� �¢ ,�ni�'�kr �"��k �y �.�a�.�':.�s �����3,�.`:� a� ,ys� ��y���i � '` Y ,�Y � �+���`,� �S $.#� �r � v�t^,���@ �=�.G,��,u�. �'e � . 1 e. � x�� � , ��z�k.s„ "u F S .&J�.aY�t��.Y�.Y.$.r�� �,,.�� �� �b�&r 5'a. ��;� _�¢� 3t5�:6 k��. _ Vo-,''c" � �k++�{x iv S� r .M 3e���,J�� .�,Y��� ��x.�k.��t��?����'�:,�� R.,St���"�,.,��,�"v�1���,id.��,i�4.v �.�3r�._„t`,���v'�#} � �l ��v'�# ��.�^'�����'3s.>�.�'4��n� PINS begins with the City of Redding. The City of Redding logs into PINS and emails a request for insurance to the Vendor/Contractor. The Vendor/Contractor forwards the email onto their Insurance Agent(s). The Insurance Agent(s) logs into www,PIi�ISAdv�r�����,cc�� and completes the insurance certificate online. � , , � ��������;�����t{��,���� i� V'� ��������t����������€�������� ����������}t;�������j�����f� �����a����������;�������2���������� ������`�����t;�����_�,����uh������������ ���t'��i���s�����x���''`����������� ����%`� lx�� ro�tsSr §'�P2��� � 3�-�;a �..w � y�i`��������'�z�tt�r����4�,t�� ,,r����f�t'����r���i��3�an����i�i��{ �; ����'�r������>���"��' tis �;t. & '��€��iXYt�Sf§�,'��?£���u�£��t���S`�*�������'�, . �t S�ti t �j�7)t�{�$}����������������� i�`�#�����c�����'�i�������}��t���'��������'' � � �����r����a� � ��� ����r3u,m�' ,t ���������������� �����3���; ���������< � a� ��� ��,�S�,SJ�`� `B� 5+,d,.�.: d .' �r' � � � _£ $ � � �' w%.�a, ?<. „y. . . �i 7E�.�,$�, � ��Y '�' r'� *��._.a,z�'w,��.����.`-�,�+, a���.,A�`��:�,`.�a VendorlContractor will receive an email from: ��r� 1 c� i�s�d���� �,�c� Thank you for your cooperation! �'�,r� �'��,������"kF § s.�^,��d�j s a;'�? �G.�" ���v�«,��v�e�';�,���t �.3�t� �t ti�s'4, "��.'r ���`3 t„" ��'�,��,'��,�€£.�.�.Ax. �re�s�'.s..��ti.,,�< s'J�?�.�a,.rL�,7, ,V',�`.;�1�;��`#��t'�i � ��i.a.�,'�"s�.5,{t�'� a�i:�� �4�,�ar.':.,$r`�4+,ti�i. .. CITY OF REDDING, CALIFORNIA REQiJEST FOR PROPOSALS GENERAL CONDITIONS 1. PUBtiIC INFORMATION A11 submitted proposals and information included therein or attaehed thereto sha11 become public record upon their delivery to the City. Proposals may be reviewed by outside interested parties after a11 proposals received for a particular project have been reviewed and the intended awardee has been selected. By submission of a proposal, Consultant understands and agrees that the City of Redding is subject to the California Public Records Act(Cal. Gov. Code section 62500 et seq.), and that all or part of the proposal submitted by Consultant may be subject to disclosure therein regardless of whether the proposal or part thereof is marked as proprietary. The City reserves sole discretion to determine whether disclosure is necessary under State law, and Consultant hereby releases City from all liability relating to such disclosure. City shall have no obligation to litigate the issue of disclosure under the Act on behalf of Consultant. 2. RFP ADDENDA The City of Redding reserves the right to amend, alter, or revoke this RFP in any manner at any time. At the City's sole discretion, modifications, clarifications, or additions will be distributed as an addendum to all known proposers. It is the responsibility of all interested parties to verify the existence of addenda (check Purchasing's website at v�w�o�ity�f�°�dd�n�.���/I��zr���sin �ic�s or calU email the stated City contact). 3. PROPOSAL PREPARATION COSTS A11 costs incurred in the preparation and presentation of this proposal sha11 be wholly absorbed by the vendor. 4. PROPOSALS All proposals wi11 be firm for a period of ninety(90) calendar days following the required date of submission unless an alternate time frame is stated in the Request for Proposal. 5. DEVIATIONS If there are any deviations from the specifications set forth herein,the bidder shall note the deviations in his proposal. Failure to note a deviation from the specifications may be grounds for rejection by the City of that particular proposal. Where deviations are noted, the City reserves the right to accept a proposal containing such deviations provided that,in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the alternative item or process proposed to perform the function for which it is to be acquired and such deviations result in lesser total cost to the City for the subject item or service. Page 1 of 3 6. WITHDRAWAL OF PROPOSAL Any proposer may withdraw their proposal, either personally or by written request at any time prior to the scheduled closing time for the receipt of proposals. Such requests are to be directed to the City Clerk. 7. SELECTION PROCEDURES Proposals submitted wi11 be subject to the City's selection procedures for technical and/or professional consultants. Accordingly,final selection wi11 be based upon overall capability to perform services and not exclusively upon cost of services. The City may make any investigation it deems necessary to determine the ability of a Proposer to carry out the obligations indicated in the Request for Proposal and the submitted Proposal. At the City's sole discretion, the Proposer shall furnish to the City aIl information and data for this purpose if materials submitted by, or investigation of, any Proposer fails to satisfy the City that the Proposer is properly qualified to carry out the stated obligations. The City of Redding reserves the right to accept the proposal that is in the best interest of the City. The City's decision shall be final. 8. RIGI-IT TO REJECT PROPOSALS The City reserves the right to reject any and all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any combination of items. 9. AWARD OF CONTRACT The award of the contract, if it is awarded, shall be made on the basis of availability of budgeted funds and to a responsible Contractor who presents the best value to the City per Redding 1VIunicipal Code 4.20.040(C). 4.20.Q4Q(C) �'�ocu�e fc�� the city the a�eeded quality in sup�lies, s��^vices ancl equipment that prove ta 13e the best value to the city. Dete�°minati�n of b�st vc�lue may ta1�e into consideration additional elements Iaeyo�ad eost�such as war�anty, life cycle related c�sts, lec�d tiTne, desi�ed aestheties, wo�k expe�ience c�s ver^ified thr�ugh re,f'e�ences o�° w��k exarnples, vendc�r loeataon,p�ior�wo�k�with the eity o�oth��^facto�s r�eemed relevant by the purchasin� offtcet^ in the��°acuretnent c�f th� n�ed�d sup�lies, equi�ament o� tivo�k ta b� perfor•mecl. . . 10. CITY OF REDDING BUSiNESS LICENSE The awarded Vendor/Consultant may be required to obtain a City of Redding Business License per Il��ni�al. �c�d� 6,02—I3�s���ss I,i���s�s. Page 2 of 3 6.02.020 It is unlawful for any pe�^son to be engaged in business in the city without having a vczlid license from the city to do so, in compliance with any and all regulations contained in this chapter pertaining to the business, unless the person is exempt under the provisions of this chapte�. No person who is an employee, o� the direct representative of a licensee, shall be Nequired to pay a license fee for doing any part of the wo�k of the licensee. The selected firm shall exeeute an agreement with the City within ten (10) working days after notification of selection,unless the time for execution has been extended for good cause at the sole discretion of the City. Failure of the selected firm to meet contract submission requirements (e.g. insurance)or failure to timely execute an agreement with the City may result,in the sole discretion. of the City, a decision to select from the remaining proposers or to eall for new proposals. x��.ovlv2o Page 3 of 3 �d ir� El��tri� t�li�y P��s� �I S��pe �f �1fc�rk June 28, 2024 r j t � r EnSafe conducted a program assessment of Redding Electric Utility's (REU)written safety programs and procedures, practices, and training as compared to the applicable California Occupational Safety and Health Administration's (Cal/OSHA's)Safety Orders in California Code of Regulation (CCR)Title 8. In addition, EnSafe conducted a cursory review of environmental programs as compared to California Environmental Protection Agency's (Cal/EPA's) requirements. EnSafe staff assessed over 50 environmental, health, and safety(EHS) regulatory programs with the emphasis of assessing safety in detail and conducting a cursory review of environmental compliance programs. As a part of the onsite review, practices of 15 work groups were assessed and approximately 35 interviews were conducted to allow employees an opportunity to provide insight to culture,training, use of written documents, and offer suggestions for improvements. Of those regulations applicable to the work tasks performed at REU,a risk priority ranking was conducted with the focus on 1)the likelihood of an injury occurring related to each EHS program, 2)the possible severity if an injury occurred, 3j the observations made by EnSafe while onsite,and 4)the level of controls REU has in place currently such as job planning,training, and procedures to mitigate hazards. Detailed recommendations were provided for each EHS program ranked as priority 1 as outlined in the Safety Assessment and Report developed by EnSafe,which closes Phase i of the project. Phase 11 executes the recommendations to develop a holistic EHS program that includes Cal/OSHA and Cal/EPA regulatory requirements, REU policies and procedures, and industry best practices over a three-year period. S II � C EnSafe will implement a phased approach over a three-year period to ensure effective EHS program development and transition to REU.The first year will be heavily supported by EnSafe to establish foundational policies, plans, procedures,training content, and Job Safety Analyses (JSAs)for Priority 1 risks identified in the Regulatory Applicability Review. During this phase, external consultants will contribute approximately 1,430 hours, internal EHS staff will dedicate around 1,000 hours, and senior staff, supervisors, and managers will invest about 1,500 hours. In the second year,the focus will shift to addressing Priority 2 risks,with a significant portion of the workload transitioning to internal EHS staff.This phase will see external consultants contributing around 700 hours,while internal EHS staff will be responsible for approximately 1,700 hours.The involvement of seniors, supervisors, and managers will remain substantial,totaling about 1,300 hours. By the third year, REU will be moving towards full internal implementation,with minimal external support required.The focus will be on Priority 3 risks,with external consultants providing approximately 250 hours of support. Internal EHS staff will continue to play a key role,contributing around 1,700 hours, with seniors, supervisors, and managers dedicating about 800 hours.This gradual transition will ensure that REU staff are well-prepared to independently maintain and enhance the EHS programs,with EnSafe providing only minimal support as needed. �d ir� El��tri� t�li�y P��s� �I S��pe �f �1fc�rk June 28, 2024 EHS program development and implementation will include the following to ensure long term success: Pr����t S�t 11p 1. Develop an REU SharePoint for all employees, supervisors, and managers with access restrictions to allow control of documents. 2. Develop an electronic tracking system to ensure REU and EnSafe have a robust action item tracking system, know the status of each written document (i.e., in Development, Under REU Review, In Revision, and Final), and houses all content to eliminate the need to email for review. 3. Develop a Required Training Matrix that includes employees and leadership and the ability to track attendance. 4. Provide administrative support for set up and management of training tracking until REU resources are available estimated up to 6 months. Administrative support will include working with supervisors to assign,schedule,track attendance, and send training invitations and reminders for training coordinated by EnSafe. 5. Facilitate progress meetings to track progress of EnSafe deliverables. �rit��r� Prc��r�r� �ssist�r��� 1. Facilitate technical discussions to consider adopting the American Public Power Association's (APPA's) Safety Manual. 2. Update, revise,and/or develop required plans,job safety analysis, procedures, and forms for approximate 55 EHS programs as per Attachment B Regulatory Applicability Review of the Safety Assessment and Report. This will include remote sessions via Teams and while onsite during the weeks of training. EnSafe will use the priority rankings within Attachment B and intends to focus on the following priority 1 programs in Montns 1-12. • Electrical Safety- High Voltage • Respiratory Protection • Vegetation Live �ine Clearance • Persona) Protective Equipment • Fall Protection • Motor Vehicle Safety Equipment • Powered Platforms and Manlifts • Material Handling, Storage, Use, and Disposal • Aerial Lifts • Persona) Protective Equipment • Fall Protection • Qualified Rigger • Traffic Control • Mobile Cranes and Derricks • Electrical Safety- �ow Voltage • Substation Entry • Enclosed Spaces � Access to Power Plant • Cranes,Slings, and Hoists • Polychlorinated Biphenyls • Heat Stress/ Heat Stroke • Hazardous Materials • Powered Industrial Trucks 3. Training and Education of Staff a. Customize, develop, and/or coordinate training for EHS programs including high voltage technical training for transmission and distribution (T&D) staff. Training will be conducted in person and remotely via Teams for staff with computer access and in �d ir� El��tri� t�li�y P��s� �I S��pe �f �1fc�rk June 28, 2024 person (estimated 3 days on site monthly for the next 6-12 months as needed)for staff without computer access. b. Develop hands-on activities that reinforce topics and evaluate performance to ensure understanding. c. Utilize local trainers,when possible (e.g., PIT certifications), manufacturer representatives to train on equipment used at REU,and build internal capabilities to assist and maintain training. 4. Assist with Culture Improvements a. Provide best practices and templates for REU leadership to implement such as developing monthly safety topics and content,developing a post-incident"lessons learned" communication tool, and assisting with the development of safety metric options. b. Develop and conduct safety leadership training. c. Assist with the implementation of an EHS management system. �t r � S EnSafe's goal is to develop documents that can be maintained by future REU EHS staff as follows: 1. Deliverables will be developed using Microsoft products or other products approved by REU staff. 2. Content will be provided in English only. 3. Deliverables will be saved in shared access folders such as SharePoint for immediate REU access.