Title
Recommendation to Authorize the City Manager to Execute a Five-Year Contract in an Amount Not to Exceed $208,161.20 to Du-All Safety, LLC for Public Work’s Safety Program Compliance Services. (Public Works 0602)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The Public Works Department is in need of safety compliance and training services from a specialized firm. Public Works seeks to award a five-year contract in an amount not to exceed a five year total of $208,161.20 by piggybacking on the City of Richmond’s recent solicitation and subsequent award for these services to Du-All Safety, LLC (Du-All). This level of service will allow monthly training, annual facility safety inspections and professional consulting to address the remaining recommendations in the 2015 environmental health and safety compliance assessment.
BACKGROUND
California Labor Code §6401.7 (1991), promulgated by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), established an Injury Illness Prevention Program (IIPP) standard. Employers are required to develop and implement a written IIPP that, among other provisions, identifies and evaluates workplace hazards and develops a plan for preventing and controlling those hazards.
In 2015, Public Works contracted with Du-All to conduct an environmental health and safety compliance assessment. The assessment included review of activities conducted by Public Works administration at City Hall West, employees at the fleet service garage and employees at the maintenance service center. The purpose of the assessment was to identify health and safety issues, regulatory gaps in Public Works’ safety program and to provide recommendation on how to address the matters identified.
Since the report’s publication, Public Works has worked with Du-All to execute certain actions, including, but not limited to, development of Excavation Trench and Shore Procedures, a Fall Protection and Ladder Safety Program, a Hazard Communication Program, and a Bloodborne Pathogen Exposure Control Plan. Additional work needs to be done to ensure Public Works’ safety programs are compliant with regulation and protective of health, which will minimize loss.
The services of a specialized safety provider are needed to further develop specific programs, consult on new safety issues, and continue routine training and annual facility safety inspections.
DISCUSSION
The City of Richmond issued a Request for Proposal on April 23, 2019, for administration services related to their Safety/Loss Prevention Programs (Exhibit 1). The solicitation’s scope of work includes the development of, or update to, required written environmental health and safety programs, facility safety inspections, ongoing safety training and other tasks related to Cal-OSHA compliance. These are the same services currently needed by the Public Works Department.
On July 2, 2019, Richmond City Council awarded a three year contract, with an optional two year extension to Du-All to provide safety program compliance services. Services are based on time incurred at a specified hourly rate with an annual not to exceed amount. The City’s Administrative Policy No. 5 (“Purchasing Policy”) states the, “City Manager and City Attorney shall be authorized to piggyback or enter into a cooperative purchasing agreement with one or more public bodies or agencies. If the cost is beyond $75,000 for a service or $200,000 for a public works project of the budget appropriation, the City Manager or the City Attorney, as appropriate, shall seek Council authorization prior to payment. The process used by the other jurisdictions must be a lawful process under California law and City of Alameda (City) Municipal Code. This method of procurement may apply to acquisitions of supplies and services by pooling common requirements with other governmental entities for increased efficiency.”
The City of Richmond’s method of procurement for the services was lawful under California law and City Municipal Code. Public Works is seeking approval to piggyback on the City of Richmond’s solicitation and enter into the City’s standard contract form for safety program compliance services with Du-All at the hourly rate negotiated by Richmond.
Du-All is Public Works’ current safety consultant. Accordingly, this firm is well-versed in the City’s safety programs and has a well-established working relationship with City staff. Their quality of work is well known and demonstrated over past years. Du-All’s office headquarters is located in Fremont, serving as the base from which the safety staff coordinates their services. When specialized safety issues arise, a consultant with expertise in the needed area can be dispatched to Alameda within 24 hours. Although the City is assigned a primary account manager, the City has access to all Du-All staff, most of which are highly specialized experts in specific areas. This access has translated to a time and cost savings as the City would not have to go out and find such a trainer or expert as a given need arises.
Public Works is currently receiving approximately 10 hours of safety training per month. The proposed scope of services is for approximately 22 hours of consult per month, which will include training, program development and annual facility inspections. This level of service will allow the remaining recommendations from the 2015 environmental health and safety compliance assessment to be addressed over the coming five years in a prioritized fashion.
ALTERNATIVES
• Award the contract as proposed.
• Award the contract with a modified scope.
• Do not award the contract and provide staff with different direction.
FINANCIAL IMPACT
Public Work’s safety program is funded through various operating budgets. The percent allocation from each operating budget is noted below. This allocation does not change for the five-year term. All items are subject to budget approval.
|
Contract |
Est. CPI |
CPI Total Each Year |
TOTAL |
|
FY 20-21 |
0% |
$ 0.00 |
$ 40,000.00 |
|
FY 21-22 |
2% |
$ 800.00 |
$ 40,800.00 |
|
FY 22-23 |
2% |
$ 816.00 |
$ 41,616.00 |
|
FY 23-24 |
2% |
$ 832.12 |
$ 42,448.12 |
|
FY 24-25 |
2% |
$ 848.96 |
$ 43,297.08 |
|
TOTAL FIVE YEARS |
8% |
$3,297.08 |
$208,161.20 |
|
Program |
Fund |
Percent of Contract Total |
|
4255 (Street and Sidewalks) |
001 (General Fund) |
14% |
|
602 (Sewer) |
602 (Sewer) |
20% |
|
351 (Clean Water) |
351 (Clean Water) |
10% |
|
4252211 (Traffic Signals) |
211 (Road Maintenance) |
9% |
|
4251351 (Street Sweeping) |
351 (Clean Water) |
9% |
|
818003 (Alameda Point) |
585 (Base Reuse) |
6% |
|
0224 (Parking Meters) |
224 (Parking Meter/Civic) |
3% |
|
707 (Facility Maintenance) |
001 (General Fund) |
6% |
|
703 (Fleet Maintenance) |
001 (General Fund) |
15% |
|
4290 (Streetlights) |
001 (General Fund) |
3% |
|
4210310 (Engineering) |
310.05 (Capital Improvement) |
5% |
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action pertains to an agreement for services that involve no physical changes to the environment and is therefore not a project that requires environmental review pursuant to California Environment Quality Act Guidelines Section 15378.
CLIMATE IMPACT
This action has no climate impact.
RECOMMENDATION
Authorize the City Manager to execute a five-year contract in an amount not to exceed $208,161.20 to Du-All Safety, LLC for Public Work’s safety program compliance services.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval of the five-year contract in an amount not to exceed $208,161.20 to Du-All Safety, LLC.
Respectfully submitted,
Liam Garland, Public Works Director
By,
Erin Smith, Deputy Public Works Director
Financial Impact section reviewed,
Nancy Bronstein, Interim Finance Direct7or
Exhibits:
1. City of Richmond Du-All Contract
2. Du-All Contract