40 hr Hazmat Tech Specs-Insurance Final.pdf

Event 7188 - Hazmat/WMD Technician – 40 hours

Audience

Public safety personnel trained to the Hazardous Materials/WMD Operations Level who wish to be certified to be Hazmat/WMD Technicians. Prerequisites: Students shall have already completed 24 hours of OSHA Hazmat Awareness and First Responder Operations, and ICS 100 and ICS 200, prior to registering.

Training Content

• Offering will be 40 hours in length with each class being 8 hours taught on consecutive days.

• Vendor will provide at least two instructors for each day, and additional instructors as necessary for practical drills to ensure and maintain an appropriate student/instructor ratio.

• Instructors will provide all necessary suits, gloves, boots, equipment, meters and props.

• Students will bring their own SCBA to class. They will be fit-tested and meet medical clearance to use the

SCBA.

• Instructors will provide all the necessary course materials for the classroom and hands-on portion of the class

• The course material shall include the following topics and during the course each student shall:

(A) Demonstrate the implementation of their employer's emergency response plan.

(B) Demonstrate classification, identification and verification of known and unknown materials by using field survey instruments and equipment.

(C) Demonstrate functioning within an assigned role as a Hazmat/WMD Technician in an Incident

Command System.

(D) Demonstrate selection and proper use of specialized chemical personal protective equipment provided to the hazardous materials technician.

(E) Demonstrate hazard and risk assessment techniques.

(F) Demonstrate advanced control, containment, and/or confinement operations within the capabilities of the resources and personal protective equipment available with the unit.

(G) Understand and implement decontamination procedures.

(H) Understand and demonstrate termination procedures.

(I) Understand basic chemical and toxicological terminology and behavior.

• Course to be compliant with NFPA 1072 Hazardous Materials/WMD Emergency Response Personnel

Professional Qualifications Chapter 7, “Hazardous Materials Technician”.

Instructors

• Instructors must have substantial experience teaching this course and the vendor shall provide documentation of the experience, expertise and ability of each instructor proposed for the course.

Certificates:

• Upon successful completion of the training program, participants shall receive certificates documenting satisfactory completion of the training. The certificate shall be provided within one week of the completion of the course.

Location and Times

• The customer will provide appropriate classroom space for the course.

• The class will not include more than 30 participants.

• The class will be held at a mutually agreed upon date and time, during daytime hours on weekdays.

• Each day of the class shall be 8 hours in length, totaling 40 hours taught on consecutive days.

• The customer will manage registration and screening of attendees, providing the roster to the vendor 10 days prior to the first session.

All costs expected to be invoiced must be included in the quote submitted. Any travel related costs, if part of the quote, must be GSA travel compliant due to the grant funding source.

CUYAHOGA COUNTY

PSJ-1513

LEPC Training — Hazardous Materials/WMD Technician, 40-Hour Course

INSURANCE REQUIREMENTS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

Nothing in this Agreement shall be construed to be a waiver of defenses or immunities afforded to the County under applicable law.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

(a) Worker’s Compensation Insurance as statutorily required by the State of Ohio, evidenced by a current certificate from the Ohio Bureau of Workers’ Compensation, together with Employers’ Liability (including Ohio stop-gap) coverage with limits of liability not less than:

$1,000,000 each accident;

$1,000,000 disease—each employee;

$1,000,000 disease—policy limit.

Ohio-domiciled Contractors shall provide evidence of Employers’ Liability coverage endorsed onto the Contractor’s Commercial General Liability policy (Ohio stop-gap endorsement WC 34 03 01 C or its equivalent) or carried under a separate Employers’

Liability policy. For Contractors with employees working outside of Ohio, Worker’s

Compensation Insurance as required by the various state and Federal laws as applicable, including Employers’ Liability coverage with limits of no less than $1,000,000 per accident for bodily injury or disease.

(b) Commercial General Liability Insurance with limits of liability not less than:

$1,000,000 each occurrence bodily injury & property damage;

$1,000,000 personal & advertising injury;

$2,000,000 general aggregate;

$2,000,000 products/completed operations aggregate.

Such insurance shall be written on an occurrence basis on the Insurance Services Office

(ISO) form CG 00 01 or its equivalent. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this specific project or location (ISO CG

25 03 or CG 25 04, or its equivalent) or the general aggregate limit shall be twice the required occurrence limit.

The policy shall not contain any exclusion, endorsement, or limitation that would bar or restrict coverage for: (i) bodily injury to students, trainees, or other participants in the course, including any “athletic or sports participants,” “participants,” or “students” exclusion; or (ii) bodily injury or property damage arising out of instruction, training, demonstration, testing, evaluation, or supervision.

(c) Business Automobile Liability Insurance covering any auto, written on the Insurance

Services Office (ISO) form CA 00 01 or its equivalent, with Symbol 1 (Any Auto) shown in Item Two of the declarations, with a limit of liability not less than $1,000,000 combined single limit (bodily injury & property damage) each accident. Where the

Contractor owns no vehicles, hired autos (Symbol 8) and non-owned autos (Symbol 9) are acceptable.

(d) Professional Liability Insurance/Errors & Omissions Liability Insurance appropriate to the Contractor’s profession, with limits of liability not less than:

$1,000,000 per occurrence;

$2,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by the Contractor under this Contract and shall extend to negligent acts, errors, or omissions in the development and delivery of curriculum and course materials; the instruction, demonstration, supervision, and evaluation of course participants; the selection, provision, inspection, and maintenance of chemical protective clothing, detection instruments, meters, and training props furnished for use by course participants;

the conduct of practical evolutions and drills; and the testing, certification, and issuance of certificates of completion, including the failure of the course or its documentation to satisfy NFPA 1072, Chapter 7, or applicable OSHA and State of Ohio certification requirements.

Insurance Coverage Terms and Conditions

1. Nothing in this Agreement shall be construed to be a waiver of defenses or immunities afforded to the County under applicable law.

2. All insurance policies of the Contractor required for this Contract shall:

(i) Name the County of Cuyahoga, its officers, officials, employees, and volunteers as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations. This provision applies to all insurance policies evidenced by the Contractor except for Workers’

Compensation.

(ii) Provide that coverage shall not be canceled except with thirty (30) days’ prior written notice to the County of Cuyahoga, or ten (10) days’ prior written notice for cancellation for non-payment of premium.

(iii) Be primary and non-contributory with any insurance or self-insurance maintained by the County as respects the County of Cuyahoga, its officers, officials, employees, and volunteers for any claims related to the work or operations of the

Contractor under this Contract. Any insurance or self-insurance maintained by the

County of Cuyahoga, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The Contractor shall obtain the Primary And Noncontributory—Other

Insurance Condition endorsement (ISO CG 20 01 or its equivalent), in addition to the additional insured endorsement required by subsection (i) of this Section 2, and shall furnish a copy of that endorsement to the County. This provision applies to all insurance policies evidenced by the Contractor except for Workers’

Compensation, and applies to any Umbrella or Excess Liability policy.

(iv) Grant the County of Cuyahoga a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County of Cuyahoga by virtue of the payment of any loss under such insurance. With respect to coverage provided through the Ohio Bureau of Workers’ Compensation, this waiver applies to the extent permitted by law.

(v) Contain a “separation of insureds” or “severability of interests” clause applying coverage separately to each insured and each additional insured, except with respect to the limits of the insurer’s liability.

(vi) Contain no provision, exclusion, or endorsement that limits, bars, or effectively precludes coverage, or precludes the assertion of a claim, on the ground that the claim is brought by an insured or additional insured against an insured or additional insured under the policy, including any “insured vs. insured,” “cross suits,” or “cross-liability” exclusion, as applied to the County as an additional insured. If the policy contains an “insured vs. insured” exclusion, the additional insured endorsement shall contain a clause or phrase that overrides that exclusion.

(vii) Be evidenced by Certificates of Insurance provided to the County of Cuyahoga, together with copies of the actual policy endorsements demonstrating that the additional insured, primary and non-contributory, and waiver of subrogation requirements of this Section 2 have been met by the Contractor and its insurer(s).

3. The Contractor represents that it has reviewed each policy required by this Contract and confirms that each policy complies with the requirements of Section 2, and shall obtain any endorsement necessary to bring a policy into compliance.

4. The insurance required for this Contract shall be provided by insurance carrier(s) licensed to transact business and write insurance in the state(s) where operations are performed and shall carry a minimum A.M. Best’s rating of A-VII or above, or by a state-regulated captive also licensed to transact business and write insurance in the state(s) where operations are performed. Professional Liability/Errors & Omissions, Contractors Pollution Liability, and

Umbrella/Excess Liability coverages may be written by an insurer eligible to write surplus lines insurance in Ohio pursuant to R.C. Chapter 3905, provided the insurer carries a minimum A.M. Best’s rating of A-VII or above.

5. The terms of this Contract shall be controlling and shall not be limited by any insurance policy provision. These insurance provisions shall not affect or limit the liability of the

Contractor stated elsewhere in this Contract or as provided by law.

6. The Contractor shall require any and all of its subcontractors to procure, maintain, and pay premiums for the insurance coverages and limits of liability outlined above with respect to products, services, work and/or operations performed in connection with this Contract. Any deviation from the above insurance requirements shall require prior approval from the

County of Cuyahoga Risk Management.

7. The County reserves the right to require insurance coverages in various amounts or to modify or waive insurance requirements on a case-by-case basis whenever it is determined to be in the best interest of the County.

8. If the Bid/Proposal/RFQ specifies the need for higher limits of liability for any applicable insurance provision, the Bid/Proposal/RFQ specifications shall govern.

9. Where coverage is written on a claims-made basis:

(i) The retroactive date shall be shown on the policy, shall be no later than the earlier of the effective date of this Contract or the first date any services were performed, shall be disclosed to the County in writing at award and at each renewal, and shall not be advanced during the term of this Contract or during any required extended reporting period.

(ii) Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract work.

(iii) If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the

Contractor shall purchase an extended reporting period of not less than five (5) years after completion of the work, at the Contractor’s expense, and shall deliver evidence of that extended reporting period to the County within thirty (30) days of the cancellation or non-renewal. Continuous claims-made coverage with an unadvanced retroactive date is an acceptable alternative.

(iv) If the Contractor fails to purchase a required extended reporting period, or upon the Contractor’s default or insolvency, the County may purchase the extended reporting period directly on the Contractor’s behalf and recover the premium by setoff against retainage or any amounts owed to the Contractor.

10. The Contractor shall not settle with, release, or accept less than policy limits from any insurer on any policy under which the County holds an additional-insured interest without the County’s prior written consent.

11. The Contractor shall furnish a Worker’s Compensation Certificate and Certificate of

Insurance evidencing that the insurance coverages required herein are in full force and effect.

12. Acceptance of a non-conforming certificate of insurance by the County shall not constitute a waiver of any rights of the parties under this Contract.

13. The Certificates of Insurance evidencing the above coverage shall contain the following language or equivalent where applicable:

“Cuyahoga County and its officers, officials, employees and volunteers are included as additional insureds on a primary and non-contributory basis with respect to each of the insurance policies referenced within this certificate of insurance except for Workers’ Compensation. A Waiver of Subrogation is granted in favor of Cuyahoga County and its officers, officials, employees and volunteers with respect to each of the insurance policies referenced within this certificate of insurance. Any applicable Umbrella or Excess Liability policy referenced within this certificate of insurance shall follow form to the underlying Commercial General Liability, Commercial Automobile Liability, and Employer’s Liability policies referenced within this certificate of insurance, shall include Cuyahoga County as additional insured, and shall not contain exclusionary language restricting coverage afforded within the underlying insurance policies.”

14. Proof of Additional Insured status from Contractor’s Commercial General Liability policy must be evidenced in the form of an endorsement to said policy and be at least as broad as

ISO Form CG 20 10 11 85, or through the combination of the CG 20 10, CG 20 26, CG 20

33, or CG 20 38 endorsement, together with the CG 20 37 endorsement if a later edition is used.

15. Professional Liability/Errors & Omissions and Contractors Pollution Liability Insurance shall cover third-party claims.