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HomeMy WebLinkAboutR-1997-077 Dames and Moore, Inc.RESOLUTION NO. R -97- A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an Agreement for Professional Engineering and Consulting Services with Dames and Moore Inc. WHEREAS, the City owns and operates a municipal water treatment plant whose size and nature of treatment provided and substances used, creates risks which must be identified and managed, WHEREAS, the City is responsible for the protection of the environment and the safety of its employees and the public at the Yakima Water Treatment Plant, WHEREAS, recent State and Federal mandates, including regulations under the Occupational Safety and Health Administration, the Environmental Protection Agency and other regulations, convey compliance responsibilities to the City, WHEREAS, the City is required to develop a Process Safety/Risk Management Program and routinely maintain and develop safety and contingency plans in accordance with State and Federal law; WHEREAS, Dames and Moore, Inc. has an existing contract with the City of Yakima to provide professional consulting services and has offered to respond to the need to secure a Process Safety/Risk Management Program and review current safety plans and these services are in the best interest of the City of Yakima, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Clerk and the City Manager are hereby authorized and directed to execute the attached and incorporated Contract for professional consulting services with Dames and Moore, Inc. for the City of Yakima. ADOPTED BY THE CITY COUNCIL THIS -kiday of 1997. ATTEST: CITY CLERK PSM Resolution (U /1 /O - nn Buc anan, MAYOR AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND DAMES & MOORE, Inc. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this 3 © day of 1997, by and between the City of Yakima, Washington with principal offices at 129 N. Second Street, Yakima, Washington 98901, hereinafter referred to as "CITY", and Dames and Moore, Inc , and which corporation and its personnel performing this Agreement are licensed and registered to do business in the state of Washington, hereinafter referred to as "CONSULTANT", for Process Safety / Risk Management Program Development, herein called the "PROJECT". WITNESSETH: RECITALS WHEREAS, CITY desires to retain the CONSULTANT to provide for " Process Safety / Risk Management Program Development" as described in this Agreement and Amendments thereto; and WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with expertise necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and CONSULTANT agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.1.1 CONSULTANT agrees to perform those services described hereafter Unless modified in writing by both parties, duties of CONSULTANT shall not be construed to exceed those services specifically set forth herein. 2 2 BASIC SERVICES. Page 1 Process safety contract April 14, 1997 CONSULTANT agrees to perform those planned tasks described in Exhibit A, entitled "Environmental Health and Safety Compliance Services" Which is part of this Agreement as if fully set forth herein. 2 3 ADDITIONAL SERVICES. CITY and CONSULTANT agree that not all work to be performed by CONSULTANT can be defined in detail at the time this Agreement is executed, and that incidental work related to Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the CONSULTANT to revise portions of the PROJECT work previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the CONSULTANT perform additional work beyond the scope of the PROJECT work. Such changes hereinafter shall be referred to as "Additional Services". 2.3.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this Agreement, an equitable contract price and/or completion time adjustment shall be made and this Agreement shall be modified in writing accordingly 2 3.2 Compensation for each such request for Additional Services will be negotiated by the CITY and the CONSULTANT according to the provisions set forth in Exhibit A and if so authorized shall be considered part of the PROJECT work. The CONSULTANT shall not perform any Additional Services until so authorized by CITY and agreed to by the CONSULTANT in writing. 2.3.3 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from the date of receipt by the CONSULTANT of the written notification of change or of providing services related to an asserted change, whichever is earliest. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA The CITY will provide to the CONSULTANT all technical data in the CITY'S possession relating to the CONSULTANT'S services on the PROJECT including information on any pre- existing conditions that may result in hazardous waste contamination on the PROJECT site. 3.2 ACCESS TO FACILITIES AND PROPERTY The CITY will make its facilities accessible to CONSULTANT as required for CONSULTANT'S performance of its services and will provide labor and safety equipment as required by CONSULTANT for such access CITY will perform, at 110 cost to Page 2 Process safety contract April 14, 1997 CONSULTANT, such tests of equipment, machinery, pipelines, and other components of the CITY'S facilities as may be required in connection with CONSULTANT'S services, unless otherwise agreed to. CITY will be responsible for all acts of CITY'S personnel. 3.3 TIMELY REVIEW The CITY will examine the CONSULTANT'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. 3.4 PROMPT NOTICE The CITY will give prompt written notice to CONSULTANT whenever CITY observes of becomes aware of any development that affects the scope or timing of CONSULTANT'S services, or any defect in the work of the CONSULTANT or construction contractors. 3 5 CITY REPRESENTATIVE(S) CITY shall appoint a CITY'S Representative with respect to work to be performed under this Agreement. CITY'S representative shall have complete authority to transmit instructions, receive information, and interpret and define CITY'S policies. CONSULTANT shall be entitled to reasonably rely on such representations made by the CITY'S Representative unless otherwise directed in writing by the CITY, but CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative any representations which the CONSULTANT believes are inadequate, incomplete or inaccurate based upon the CONSULTANT'S knowledge Failure to provide written notice shall not constitute a waiver of any of the CITY'S rights under this AGREEMENT. 3.6 CITY PROVIDED DOCUMENTS Any documents, services, and reports provided by the CITY to the CONSULTANT are available solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of its duties and obligations under this Agreement or at law. The CONSULTANT shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services and reports and drawing conclusions therefrom. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION Page 3 Process safety contract April 14, 1997 4 1 1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with work described in Exhibit A. The time for completion is within 120 calendar days of the effective date of this Agreement, or as amended. SECTION 5 COMPENSATION 5 1 COMPENSATION ON AN HOURLY BASIS For the completion of the Scope of Services specified in Exhibit A, consultant will be paid a sum not to exceed $39,100.00. Labor hours charged in fiscal year 1997 will be according to Attachment A - RATE SCHEDULE 5.1.1 Direct Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for CONSULTANT'S vehicles; meals and lodging, laboratory tests and analyses; computer services; word processing services, telephone, printing, binding and reproduction charges; all costs associated with outside consultants, subconsultants, and other outside services and facilities; special CITY- requested and PROJECT- related insurance; and other similar costs. Charges for direct expenses are outlined in the Schedule of Charges included in Exhibit A, Schedule of Charges 5 2 BUDGET Unless specifically authorized by the CITY, the total budgetary amount for the Scope of Services outlined in Exhibit A shall not exceed Thirty Nine Thousand One Hundred Dollars, ($39,100.00) Of this amount Four Thousand Three Hundred Dollars, ($4,300) will be for the Accident Prevention Program, Two Thousand, ($2,000) will be for the Personal Protective Equipment, Three Thousand Two Hundred Dollars ($3,200) will be for the Control of Hazardous Energy, Five Thousand Eight Hundred ($5,800) will be for the Emergency Response Plan, One Thousand Two Hundred Dollars ($1,200) will be for the Fall Protection Program, One Thousand Two Hundred Dollars ($1,200) will be for the Respiratory Protection Program, Three Thousand One Hundred Dollars for the Confined Space Entry Program and Eighteen Thousand Three Hundred Dollars for the Process Safety Management Program. The CONSULTANT will make reasonable efforts to complete the work within the budget and will keep CITY informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. The CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S excess costs expended prior to such increase will be allowable to the same extent as if such costs have been incurred after the approved increase. 5 2 1 The CONSULTANT will use its best efforts to submit to the CITY'S representative by the 10th day of each calendar month an invoice for payment for Page 4 Process safety contract April 14, 1997 PROJECT services completed through the previous month. Such invoices shall be for PROJECT services performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices and shall be estimated on a percentage of completion basis The CONSULTANT shall maintain in its office originals of all reports, receipts, and copies of all time sheets, and other supporting materials necessary to verify the percentage of completion. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the work done and amount billed. CITY will notify the CONSULTANT promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to CONSULTANT the questionable item(s) and withholding payment for such item(s) The CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional supporting information required. Copies of all invoices submitted by the authorized subcontractors, associates or subconsultants shall be submitted to CITY and will follow the same format as that of the CONSULTANT. 5 2.2 If payment is not made within thirty (30) days, interest on the unpaid balance shall accrue beginning with the thirty-first (31) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less, provided however, that no interest shall accrue pursuant to Chapter 39.70 RCW when before the date of timely payment a notice of dispute is issued in good faith by the CITY to the CONSULTANT pursuant to the terms of RCW 39 76.020. 5.2.3 Final payment of any balance due the CONSULTANT for PROJECT services will be made within forty-five (45) days after satisfactory completion of the services required by this Agreement as evidenced by written acceptance by CITY and after such audit or verification as CITY may deem necessary and execution and delivery by the CONSULTANT of a release of all liens or claims for payment against CITY arising under or by virtue of this Agreement, other than such claims, if any, as may be specifically exempted by the CONSULTANT from the operation of the release in stated amounts to be set forth therein. 5 2 4 Payment for any PROJECT services shall not constitute a waiver or release by CITY of any claims, right or remedy it may have against the CONSULTANT under this Agreement or by law, nor shall such payment constitute a waiver, remission or discharge by CITY of any failure or fault of the CONSULTANT to satisfactorily perform the PROJECT work as required under this Agreement. SECTION 6 RESPONSIBILITY OF CONSULTANT 6.1.1 The CONSULTANT shall be responsible for the professional quality, technical adequacy and accuracy, timely completion and the coordination of all plans, design, drawings, specifications, reports and other services furnished by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or review any errors, omissions or other Page 5 Process safety contract Apri114, 1997 deficiencies in its plans, designs, drawings, specifications, reports and other services. The CONSULTANT shall perform its work according to generally accepted architectural and engineering standards. 6.1 2 CITY'S review of approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental work or services furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy, completeness or accuracy of its work. CITY'S review, approval or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.2 LIMITATION OF LIABILITY 6.2.1 "The CONSULTANT shall be and shall remain liable, in accordance with the applicable law, for all damages to the CITY, except as provided herein, caused by the CONSULTANT'S negligent performance of any of the work and services furnished by the CONSULTANT or its subconsultants under this Agreement. To the maximum extent permitted by law, CONSULTANT'S liability for CITY'S damages, for any cause or combination of causes, will, in the aggregate, not exceed the compensation received by CONSULTANT under this AGREEMENT, except for damages resulting from the CONSULTANT'S willful misconduct or gross negligence. This Subsection takes precedence over any conflicting Subsection of this AGREEMENT or any document incorporated into it or referenced by it. 6.2.2 This limitation of liability is a business understanding between the parties and applies to all different theories of recovery, including breach of contract warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. Parties means the CITY and the CONSULTANT, and their officers, employees, agents, affiliates, and subconsultants. The parties also agree that the CITY will not seek damages in excess of the limitations indirectly through suits with other parties who may join the CONSULTANT as a third -party defendant. 6.2.3 In performing work and services hereunder, the CONSULTANT and its subcontractors, subconsultants, employees, agents and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The CONSULTANT shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will not make any claim, demand or application to or for any right or privilege applicable to an officer or employee of CITY The CONSULTANT shall be solely responsible for any claims for wages or compensation by CONSULTANT employees, agents and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. Page 6 Process safety contract April 14, 1997 6.3 INDEMNIFICATION 6.3.1 CONSULTANT agrees to indemnify, defend, and hold the CITY harmless from loss, cost, or expense of any kind claimed by third parties, including such loss, cost or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CONSULTANT, its employees, officers, and subconsultants in connection with the project. In the event that any lien is placed upon the property of the CITY or any of the CITY'S officers, employees, or agents as a result of the negligence or willful misconduct of the CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved and discharged by giving bond or otherwise. 6.3.2 CITY agrees to indemnify, defend and hold the Consultant harmless from loss, cost, or expense of any kind claimed by third parties, including such loss, cost, or expense of any kind claimed by third parties, including such loss, cost or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees or agents in connection with the project. 6 3.3 If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 6.3.4 The above indemnity is a business understanding between the parties and applies to all different theories of recovery, including breach of contract warranty, tort including negligence, strict or statutory liability, or any other cause of action. 6.3.5 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited, in any way by any limitation on the amount or types of damages, compensation or benefits payable by or for the CONSULTANT or a subcontractor under workers' or workmen's' compensation acts, disability benefit acts or other employee benefit acts The CONSULTANT waives its immunity under the Industrial Insurance Act, Title 51, RCW; but only to the extent of CONSULTANT'S negligence or willful misconduct. Such waiver has been mutually negotiated by the CONSULTANT and the CITY as evidenced by their specific and express initialing of this paragraph. (Consultant's Initial (City's Initials) Page 7 Process safety contract Apri114, 1997 6 3.6 It is understood that any resident engineering or inspection provided by CONSULTANT is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. CONSULTANT does not assume responsibility for methods or appliances used by a contractor, for the safety of construction work, or for compliance by contractors with laws and regulations. CITY shall use its best efforts to assure that the construction contract requires that the contractor(s) indemnify and name CITY and the CITY'S officers, principals, employees, agents, representatives, engineers, and CONSULTANTS as additional insureds on contractor's insurance policies covering Project. 6.4 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the CONSULTANT. Furthermore, CONSULTANT shall not be responsible for claims arising from any conditions of the project site which pre-exist the date of this Agreement. Pre-existing conditions shall include but not be limited to any underground condition, structure utilities, foundation, contamination, or the potential for contamination, or any risk to impairment of health related to the presence of hazardous materials or substances. The CITY agrees to indemnify, defend, and hold harmless CONSULTANT from and against any claim, liability, or defense cost related to any such pre- existing condition, except for claims caused by the sole negligence, gross negligence, or will misconduct of CONSULTANT. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 GENERAL REQUIREMENTS The general project schedule and the budget for both the entire project and its component tasks shall be as set forth in this Agreement and attachments. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the CONSULTANT within fifteen days after execution of this Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire project shall not be extended nor the budget increased because of any unwarranted delays attributable to the CONSULTANT but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the CONSULTANT which could not be reasonably anticipated. Page 8 Process safety contract April 14, 1997 7.1.1 Not later than the tenth day of each calendar month during the performance of the PROJECT, the CONSULTANT shall submit to the CITY'S Representative a copy of the current schedule and a written narrative description of the work accomplished by the CONSULTANT and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the request of the CITY for presentation to other governmental agencies and/or to the public SECTION 8 REUSE OF DOCUMENTS 8.1 INDEMNIFICATION All work products of the CONSULTANT are instruments or service of this PROJECT. Reuse, change or alternation by the CITY or others acting through or in behalf of the CITY without written permission of the CONSULTANT will be at the CITY's sole risk. The CITY agrees to indemnify the CONSULTANT and its officers, employees, subcontractors and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees, arising out of or related to such unauthorized reuse, change or alternation. 8.1 1 The CONSULTANT agrees that ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement whether or not complete shall be vested in the CITY SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 GENERAL REQUIREMENTS The CONSULTANT, including it subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY or the CITY'S duly authorized representative, shall have access to such books, records, documents and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT work if deemed necessary by the CITY to verify the CONSULTANTS work and invoices. 9.1.1 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. Page 9 Process safety contract Apri114,1997 9 1.2 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the CONSULTANT is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the CONSULTANT. 9.1 3 The CONSULTANT shall insure that substantially the foregoing paragraphs are included in each subcontract for work on the Project. SECTION 10 INSURANCE 10.1 CONSULTANT RESPONSIBILITTF,S Prior to beginning work under this Agreement, the CONSULTANT shall provide Certificates of Insurance as evidence that policies providing the following coverage and limits of insurance are in full force and effect. The CITY and the CITY'S officers, principals, employees, representatives and agents shall be designated as additional insured on all such policies except for professional liability Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 10.1.1 Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad -form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non -owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 10.1 3. Statutory workers' compensation and employer's liability insurance as required by state law. 10.1.4. Professional liability insurance. The limit of liability shall be not less than $1,000,000. 10.2 INSURANCE MODIFICATION AND CLAIM REQUIREMENTS Failure of either or all of the additional insured to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives thereunder. The CITY and the CITY'S officers, principals, employees, representatives and agents shall have no obligation for payment of premiums because of being named as additional insured under such insurance. None of the policies issued pursuant to the requirements contained herein shall be Page 10 Process safety contract April 14, 1997 canceled, allowed to expire, or changed in any manner so as to affect the rights of the City thereunder until thirty (30) days after written notice of such intended cancellation, expiration, or change SECTION 11 SUBCONTRACTS 11.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to subcontract any portion of the work to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the CONSULTANT utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if requested, prior to the subconsultant or subcontractor proceeding with the work. The CONSULTANT shall be responsible for the architectural and engineering performance, acts and omissions of all persons and firms performing subcontract work. 11.3 CITY hereby authorizes the CONSULTANT to subcontract with the persons and firms listed below or as amended: 11.4E The CONSULTANT shall submit, along with its monthly invoices, a description of all work completed by subconsultants and subcontractors during the preceding month and copies of all invoices relating thereto. SECTION 12 ASSIGNMENT 12 1.1 This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by CITY or CONSULTANT without prior, written consent of the other, which consent will not be unreasonably withheld. SECTION 13 INTEGRATION 13.1 1 This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. Page 11 Process safety contract April 14, 1997 SECTION 14 JURISDICTION AND VENUE 14.1.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in that state If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes shall be Yakima County, State of Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1.1 In connection with the Services under this Agreement, CONSULTANT agrees to comply with the applicable provisions of State and Federal Equal Opportunity statutes and regulations. SECTION 16 SUSPENSION OF WORK 16.1.1 CITY may suspend, in writing, all or a portion of the work under this Agreement if unforeseen circumstances beyond CITY'S control make normal progress of the work impossible CONSULTANT may request that the work be suspended by notifying CITY, in writing, of circumstances that are interfering with the normal progress of work. CONSULTANT may suspend work on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the work shall be extended by the number of days work is suspended. If the period of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate work on the suspended portion of Project in accordance with SECTION 16. SECTION 17 TERMINATION OF WORK 17.1 NOTIFICATION REQUIREMENTS Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given. (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate, and (2) an opportunity for consultation with the terminating party before termination. Notice shall be considered issued within twenty-four (24) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. Page 12 Process safety contract Apri114, 1997 17.1.1 In addition to termination under subparagraph A of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. 17.1.2 If CITY terminates for default on the part of the CONSULTANT, an equitable adjustment in the contract price shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONSULTANT at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the CONSULTANT'S breach. In such event, CITY shall consider the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the work itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the CONSULTANT agrees to pay CITY for any and all damages, costs and expenses, whether direct, indirect or consequential, caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 17.1 3 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for convenience, the equitable adjustment shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the CONSULTANT reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 17.1 4 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the CONSULTANT shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents and materials as the CONSULTANT or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the same. 17.1.5 Upon termination under any subparagraph above, CITY reserves the right to prosecute the work to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall have no responsibility for the further work thereon. Page 13 Process safety contract Apri114, 1997 17.1.6 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined that the CONSULTANT has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the equitable adjustment shall be determined as set forth in subparagraph 17.4 of this Section. 17.1 7 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the CONSULTANT in PROJECT work or for any corporate officer of the CONSULTANT to render his services to the PROJECT, the CONSULTANT shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. Section 18 Resolution Clause 18.1 ARBITRATION All claims, counterclaims, disputes, and other matters in question arising out of, or relating to, this AGREEMENT or the breach thereof may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. Either CITY or CONSULTANT may initiate a request for such arbitration, but consent of the other party to such procedure shall be a necessary precondition to arbitration. No arbitration arising out of, or relating to, this AGREEMENT may include, by consolidated joinder, or in any other manner, any additional party not a party to this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA ~�� Signature Sigfiature DAMES & MOORE Inc. R. A. Zais, Jr. Printed Name City Manager Title 5 -a3 -a Date / Date ATTEST: 47 -/-; Printed Name Title Page 14 Process safety contract April 14, 1997 C!P' CO„ ?PL. RES tUT 7.-70 ATTACHMENT A RATE SCHEDULE The following is the Dames & Moore rate schedule for various categories of personnel who may work on projects for the City of Yakima Naches River Water Treatment Plant. Job Title 'Rate Principal $150 Project Environmental Scientist $130 Project Manager $90 Project Toxicologist/Certified Industrial Hygienist $115 Project Engineer $85 Project Geologist/Hydrogeologist $75 Project Regulatory Specialist $85 Project Asbestos Designer $75 Staff Engineer $70 Staff Geologist/Hydrogeologist $70 Staff Toxicologist $65 Staff Regulatory Specialist $65 Asbestos Inspector $55 Autocad Operator $60 Technician $45 Graphics Specialist $45 Support Staff (clerical, typist, etc.) $40 Dames & Moore generally adjusts salaries at the beginning of the fiscal year (usually around April 1). OTHER SAVINGS COST AREA Standard Rate • Quick payment within 10 working days of receipt of invoices* 1% *The savings would be credited to the next bill or reimbursed, if at the final billing. The work will be performed on a time and materials basis on a not -to -exceed basis. Projects performed must be authorized by the client prior to commencing the job, and proposals must included an appropriate description of the scope of work, estimated costs, and a schedule. The work performed will be conducted under the Terms and Conditions stated in the attached document (Agreement Between City of Yakima and Dames & Moore, Inc.). T •\ TIATA\ DDD\ IIAV TMA DAT DAMES & MOORE A DAMES & MOORE GROUP COMPANY April 3. 1997 Mr. Dave Brown Supervisor City of Yakima Naches River Water Treatment Plant 6390 U.S. Hwy 12 Yakima, Washington 98908-9647 808 East Sprague Avenue, Suite A Spokane, Washington 99202 509 838 7430 Tel 509 456 7377 Fax Proposal Environmental Health and Safety Compliance Services City of Yakima Naches River Water Treatment Plant Yakima, Washington Dear Mr. Brown: Dames & Moore is pleased to present this proposal for Environmental Health and Safety (EHS) Compliance Services for the City of Yakima Naches River Water Treatment Plant (YWTP). This proposal is being presented at your request and includes a scope of services based on our understanding of your EHS compliance requirements. In order to assist the YWTP in developing required EHS programs in a cost effective manner, Dames & Moore has developed an approach which includes utilizing information prepared by the City of Yakima Wastewater Treatment Plant, and community resources whenever feasible, and drawing on the experience, capabilities and availability of the City of Yakima staff whenever practicable. A description of the various EHS regulatory requirements and the details of our proposed scope of services, schedule, and estimated budget is described in the following sections. SCOPE OF SERVICES Many EHS regulations require the development of written programs which describe the procedures employers follow to protect the environment and the health and safety of its employees. Based on our audit findings, we have summarized the requirements for specific written programs which should be developed by the YWTP followed by our proposed scope of services for program development. Task 1.1 - Accident Prevention Program (WAC 296-24-040) Employer's are required to develop formal accident -prevention programs tailored to the needs of their particular facility and the types of hazards involved in their operations. At a minimum, the program must include: 1 DAT A.PRP`Y1tTP-2 PRO Offices Worldwide DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant • A safety orientation program; • Injury reporting and first-aid guidelines; • Unsafe condition reporting procedures; • Use and careof personal protective equipment; • Emergency procedures; • Identification of hazardous chemicals and safe handling procedures; • A description of the employer's total safety program; • Procedures for initial job assignments; and • Designation of a Safety and Health Committee. April 3, 1997 Page 2 The accident prevention program must be described in a written document which covers each of the elements listed above. The description of the employers total safety program must include information regarding the protection of worker safety and health for the hazards associated with the workplace. Dames & Moore's review of the WISHA regulations identified potential hazards that do not specifically require the development of stand alone written programs, but that should be covered in the accident prevention program. General Safety and Health, WAC 296-24: WAC 296-24 Part A-1 WAC 296-24 Part B-2 WAC 296-24 Part C WAC 296-24 Part D WAC 296-24 Part E WAC 296-24 Part F WAC 296-24 Part G -i WAC 296-24 Part G-2 WAC 296-24 Part G-3 WAC 296-24 Part H-1 DATA PRP' YWTP-2PRO General Educational, Medical and First -Aid Requirements Safety Color Code for Marking Physical Hazards, etc. Machinery and Machine Guarding Materials Handling and Storage, Including Cranes, Derricks, etc., and Rigging Hazardous Materials, Flammable and Combustible Liquids, Spray Finishing, and Dip Tanks Storage and Handling of Liquefied Petroleum Gas Means of Egress Fire Protection Fire Suppression Equipment Hand and Portable Powered Tools and Other Hand -Held Equipment G'" DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page 3 WAC 296-24 Part I Welding, Cutting and Brazing WAC 296-24 Part J-1 Working Surfaces, Guarding Floors and Wall Openings, Ladders, Scaffolds WAC 296-24 Part J-2 Powered Platforms, Etc. WAC 296-24 Part K Compressed Gas and Compressed Gas Equipment WAC 296-24 Part L Electrical The YWTP's existing Safety Program covers some, but not all, of the of the required Accident Prevention Program elements. In order to comply with requirements of WAC 296-24-040, the YWTP should develop a facility specific Accident Prevention Program document which includes all required elements. Dames & Moore will assist the YWTP in development of an Accident Prevention Program which complies with the requirements stated above. We will work with designated YWTP staff to develop the required programs, plans and procedures. A draft Accident Prevention Program will be provided to the YWTP for review and comment. YWTP comments will be incorporated into the final document. Task 1.2 - Personal Protective Equipment (WAC 296-24-075) Employer's are required to assess the workplace to determine if hazards are present or likely to be present, which necessitate the use of personal protective equipment (PPE). PPE generally includes the use of face, eye, head, hand, and foot protective equipment. Respiratory protection and electrical protective devices are covered under separate WAC standards. If hazards are present, the employer must: • • O Select PPE that will protect the affected employees from the identified; Communicate PPE selection decisions to affected employees; Select PPE that properly fits each affected employee; and Provide training to each employee who is required to use PPE A written certification and verification that the workplace hazard assessment has been performed and employees have been trained is required by the standard. Procedures for compliance with the requirements for hazard assessments include: J .DATA' PRP YWTP-'_.PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page 4 Conducting a walk-through survey to identify the sources of hazards giving particular consideration to hazards associated with impact, penetration, compression, chemical, heat, harmful dust, light (optical) radiation, and sources of the these potential hazards; Organize and analyze the data to enable proper selection of PPE. Each basic hazard should be evaluated to determine the type, level of risk, and seriousness of potential injury. Simultaneous exposure to several hazards should be considered; Select the proper PPE for each hazard considering the characteristics of the hazard and the capabilities of the PPE to ensure that the level of protection is greater than the minimum required to protect employees from the hazard; Ensure that the PPE fits each affected employee properly; and Reassessment of hazards as necessary, by periodically evaluating new equipment and processes, reviewing accident records, and reevaluating the suitability of previously selected PPE. The YWTP has not yet conducted a formal, comprehensive hazard assessment. Dames & Moore will assist the YWTP perform, document and implement a hazard assessment and corresponding selection of proper personal protective equipment for the YWTP's operations. We will conduct a site walk-through to identify hazards, organize and analyze the data, assist with selection of PPE, and provide a written document describing the hazard assessment process and findings. Task 1.3 - Control of Hazardous Energy (WAC 296-24-110) Employers are required to develop a written Energy Control Program consisting of energy control procedures, employee training and periodic inspections. Control of hazardous energy is typically accomplished through "lockout/tagout" (LO/TO) activities. The standard covers the servicing and maintenance of machines and equipment in which the startup of the machine or equipment or release of stored energy could cause injury to employees. The written procedures must clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy and the means to enforce compliance including: • Specific statement of the intended use of the procedure; J DATA PRP'YWTP-?.PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page • Specific procedural steps for the placement, removal and transfer of LO/TO devices and the responsibility for them; and • Specific requirements for testing a machine or equipment to determine and verify the effectiveness of LO/TO devices and other energy control measures. Additional Energy Control Program requirements described in the standard include specifications regarding the use of appropriate protective hardware such as locks, tags, chains, wedges, key blocks, adapter pins, or self-locking fasteners, periodic inspection of the LO/TO procedures on at least an annual basis the types of LO/TO equipment required, description of periodic inspections documentation requirements, and a description of the required employee training program and employee training documentation. Dames & Moore will assist the YWTP in development of an Energy Control Program which meets the requirements of the standard as described above. We will work with designated YWTP staff to prepare a written document which includes all required elements. A Draft Energy Control Program will be provided to the YWTP for review and comment prior to finalization of the document. Task 1.4 - Emergency Response Plan (WAC 296-24-567) Washington Administrative Code parts 296-24-550, 296-24-567, 296-62-3112, and 296-67-053 specify requirements for Employee Emergency Response and Fire Prevention Plans. These rules establish procedures to prevent major workplace hazards, facilitate the safe evacuation of employees, and implement emergency response procedures in the event of a disaster. According to WAC 296-24, an Emergency Action Plan must include, at a minimum, the following elements: • Emergency escape procedures and emergency escape route assignments; • Procedures to be followed by employees who remain to operate critical plant operations before they evacuate; • Procedures to account for all employees after emergency evacuation has been completed; • Rescue and medical duties for those employees who are to perform them; The preferred means of reporting fires and other emergencies; and J",DAT\ PRP' YWTP-?.PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page 6 • Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan. In addition to the written plan, the employer must implement the emergency action plan through the following means: • The employer must also establish an appropriate employee alarm system. • Establishing in the emergency action plan the types of evacuation to be used in emergency circumstances; and • Designating and training a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees. The employer must review with each employee upon initial assignment those parts of the plan which the employee must know to protect the employee in the event of an emergency. The written pian must be kept at the workplace and made available for employee review. The fire prevention plan component of this WISHA rule applies to all fire prevention plans required by a particular WISHA standard. The fire prevention plan must be in writing and include, at a minimum the following elements: A list of the major workplace fire hazards and their proper handling and storage procedures, potential ignition sources (such as welding, smoking and others) and their control procedures, and the type of fire protection equipment or systems which can control a fire involving them; • Names or regular job titles of those personnel responsible for maintenance of equipment and systems installed to prevent or control ignitions or fires; and • Names or regular job titles of those personnel responsible for control of fuel source hazards. The fire prevention plan component also includes provisions for housekeeping, training, and maintenance. Under the housekeeping provision; employers are required to control accumulations of flammable and combustible waste materials and residues so that they do not contribute to a fire emergency and requires the inclusion of housekeeping procedures in the written fire prevention plan. Employers must apprise employees of the fire hazards of the materials and processes to which they are exposed through a training program and must review with each employee upon initial assignment J' DATA PRP YWTP-2.PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page 7 those parts of the fire prevention plan which the employee must know to be protected in the event of an emergency. The written plan must be kept in the workplace and made available for employee review. The employer is required to regularly and properly maintain, according to established procedures, equipment and systems installed on heat producing equipment to prevent accidental ignition of combustible materials. The maintenance procedures must be included in the written fire prevention plan. In accordance with WAC 296-62-3112, an emergency response plan must include, at a minimum, the following elements: • Pre -emergency planning; • Personnel roles, lines of authority and communication; • Emergency recognition and prevention; • Safe distances and places of refuge; • Site security and control; • Evacuation routes and procedures; • Decontamination procedures; • Emergency medical treatment and first aid; • Emergency alerting and response procedures; • Critique of response and follow-up; and • PPE and emergency equipment. Dames & Moore will assist the YWTP in development of an Emergency Response and Fire Prevention Plan which meets the requirements of the standards as described above. We will work with the fire department and Local Emergency Response Committee (LEPC) to draw on community resources whenever possible. We will incorporate elements of the local emergency response plan and work with designated YWTP staff to prepare a written document which includes required elements. A Draft Emergency Response and Fire Prevention Plan will be provided to the YWTP for review and comment prior to finalization of the document. J DATA PRP`YWTP-2.PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant Task 1.5 - Fall Protection Plan (WAC 296-24-87031(10). WAC 296-155-24505) April 3, 1997 Page 8 The elements of an acceptable employee training program related to fall protection are described in WAC 296-24-87031(10) and include the following: • Recognition of, and preventive measures for, the safety hazards associated with their task; • • Emergency Action Plan Procedures; Fall arrest system inspection, care and use; and Written work procedures. Dames & Moore will assist the YWTP in development of a Fall Protection Plan which meets the requirements of the standards as described above. We will work with designated YWTP staff to prepare a written document which includes required elements. A Draft Fall Protection Plan will be provided to the YWTP for review and comment prior to finalization of the document. Task 1.6 - Respiratory Protection Program (WAC 296-62-07109) In general, OSHA and WISHA require the use of accepted engineering controls to prevent exposure to airborne contaminants in the workplace. However, when engineering controls are not feasible employers are required to provide employees with appropriate respirators when such equipment is necessary to protect the health of the employee. Under such circumstances, the employer is responsible for the establishment and maintenance of a Respiratory Protection Program which includes, at a minimum, the following elements: Written Standard Operating Procedures governing the selection and use of respirators; Evaluation of employees through a formal medical monitoring program to determine that employees are physically able to perform the work and use the equipment; Provision of instruction and training in the proper use of respirators and their limitations; J DATA PRP'YWTP-_.PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page 9 Selection of respirators approved by the Mine Safety and Health Administration and the National Institute of Occupational Safety and Health based on the hazards employees may be exposed to; Assessment of the proper fit of each individual's respirator through qualitative and quantitative fit -tests; Regular cleaning and disinfection of respirators after each use; and Storage of respirators in a clean, convenient location. Dames & Moore will assist the YWTP in development of a Respiratory Protection Program which meets the requirements of the standard as described above. We will work with designated YWTP staff to prepare a written document which includes required elements. A Draft Respiratory Protection Program will be provided to the YWTP for review and comment prior to finalization of the document. Task 1.7 - Confined Space Entry Program (WAC 296-62-14503) Entry into confined spaces is regulated under WAC 296-62-14503. This rule is intended to protect employees from flammable, toxic, oxygen -deficient, electrical, or mechanical hazards associated with entry into combined spaces. Under the confined space entry requirements, management is responsible for ensuring the following: • Developing and implementing procedures, training, and planning for entry into confined spaces which present a problem due to toxicity, flammability, oxygen deficiency or excess, mechanical, electrical, corrosive or temperature hazard; • Survey, prepare an inventory, and label all confined spaces; • • Developing, distributing, and enforcing a written procedure which includes planning, general precautions, procedures, evaluation of hazards, ventilation requirements, personal protection, isolation and responsibilities; Assigning individuals who are competent in the evaluation of hazards, precautions, first aid and artificial respiration and training all personnel in the use of personal protective equipment required for the job assignment; 1' DATA PRPYWTP-'_.PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page 10 • Training employees to the appropriate level: entrant, attendant, entry supervisor, and/or rescue; and • Maintain records of all confined space entry permits and permit entries. A written Confined Space Entry Program has not yet been developed for the YWTP. Dames & Moore will assist the YWTP in developing a Confined Space Entry Program which meets the requirements described above. We will prepare a written plan which includes identification of and planning for entry into confined spaces, general precautions, evaluation of hazards, confined space entry procedures including ventilation, personal protection, isolation, permit requirements, and responsibilities. We will work with designated YWTP staff to prepare a written document which includes required elements. A Draft Confined Space Entry Program will be provided to the YWTP for review and comment prior to finalization of the document. Task 1.8 - Process Safety Program (WAC 296-67) Task 1.8.1 - Process Safety Information Requirements (WAC296-67-013) Under this aspect, OSHA/WISHA requires employers to compile information pertaining to the hazards of the highly hazardous chemicals in the process; information pertaining to the technology of the process; and information pertaining to the equipment in the process. The employer must develop the written safety information before any process hazard analysis (PHA) is performed. Dames & Moore will assist the YWTP to compile information regarding the chemical hazards, process technology, and process equipment as appropriate using information from the facility, equipment manufacturers and vendors, trade groups and professional organizations, and other reference materials as appropriate to supplement the existing process safety information already compiled by the YWTP. Dames & Moore's supplemental compilation of process equipment information will focus on the materials of construction, P&IDs, electrical classifications, relief and ventilation systems, and other safety systems, and is expected to be facilitated by existing compilations already performed by the YWTP. A summary of the compiled information will be prepared and the information will be presented in an organized binder in a manner which clearly demonstrates compliance with this requirement. Task 1.8.2 - Process Hazard Analysis (WAC 296-67-017) This aspect of the PSM standard requires employers to perform an initial process hazard analysis (PHA), using at least one of six specified methodologies (What -If, Checklist, What If/Checklist, J DATA PRP\YWTP-2 PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page 11 HAZOP, FMEA, Fault Tree Analysis) or an appropriate, equivalent methodology for each process covered under the PSM standard. The selected methodology must be appropriate to the complexity of the process, and the PHAs must be completed on a five-year phase-in schedule in priority order. The rationale for prioritization must be documented by the employer. Dames & Moore will assist the YWTP in performing PHAs for the chlorination and dechlorination processes using team members from representative work groups selected by YWTP for their process experience. Dames & Moore will lead team meetings (subject to worker schedules and availability), prepare process study sections and safety issue listings, and provide minutes after each meeting for review and comment by team participants. Based on the level of documentation available for wastewat treatment facilities and the fact that this is an existing process, Dames & Moore proposes to perform a Hazard and Operability (HAZOP) study to fulfill the PHA requirement. The use of the HAZOP study technique, which will be performed in accordance with the American Institute of Chemical Engineers' Center for Chemical Process Safety guidelines, is proposed to provide the YWTP with the greatest information for operating procedures due to the study format. The HAZOP study can begin after process information has been compiled. The study will begin with a one-hour HAZOP study orientation training session for team participants. The results of the HAZOP study will be presented in draft form for review and comment and include a ranking of process hazards using a matrix of accident probability and severity. The HAZOP study report will include attendance rosters, meeting dates, documentation of actions developed by the team for each study section, and a summary of recommendations. Task 1.8.3 - Training (WAC 296-67-025) Employee training must include an overview of the process and a review of operating procedures, with emphasis on safety and health hazards, emergency operations, and safe work practices. The employer must also provide employees with refresher training (required every three years). Dames & Moore proposes to develop a PSM training manual upon completion of the compilation of process hazard information and development of written programs for use by the YWTP. The training manual will be organized to allow the YWTP to provide its workers with an overview of the process and a review of operating procedures, with emphasis on safety and health hazards, emergency operations, and safe work practices. Dames & Moore will not perform the actual training of YWTP employees under this scope of work, but can prepare an additional proposal to provide this service at your request. J DATA PRP YWTP-2 .PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant April 3, 1997 Page 12 Task 1.8.4 - Contractor Notification and Safety Performance Evaluations (WAC 296-67-029) This aspect of the PSM standard applies to contractors involved in maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a process covered under the standard. Employers are required to evaluate its contractor's safety performance and inform contract employees of known hazards. Contractors must ensure that contract employees are trained in necessary work practices and hazards and must the employer of unique hazards presented by the contractor's work. Dames & Moore proposes to prepare a written contractor notification program for the YWTP. Task 1.8.5 - Hot Work Permits (WAC 296-67-041) Under the PSM standard, the concept of hot work permitting applies to any work involving electric or gas welding, cutting, brazing, or similar flame or spark -producing operations on or near a process covered under the standard. The permits must document that fire prevention and protection requirements in 1910.252(a) have been implemented before work can start. Dames & Moore proposes to develop a hot work permitting program document for use by the YWTP. Task 1.8.6 - Incident Investigation (WAC 296-67-049) As defined in the PSM standard, an incident investigation must be performed by the employer for every incident that resulted in, or could reasonably have resulted in, a catastrophic release of highly hazardous chemicals in the workplace. The investigation must be initiated in no less than 48 hours following the incident, and the investigation team must include at least one person knowledgeable with process involved. A written report is required as a product of the incident investigation, and the employer must establish system to promptly address and resolve incident report findings and recommendations. Additionally, the report must include an "extensive documentation" of the resolutions and corrective actions arising from the investigation, and the report must be reviewed by all affected personnel with job tasks relevant to incident findings. Finally, the incident investigation reports must be retained for five years. Dames & Moore will develop a written incident investigation program that addresses the PSM requirements for the YWTP. Task 1 8.7 - Emergency Planning and Response (WAC 297-67-053) Employers must establish and implement an emergency action plan in accordance with OSHA 1910.38 (WAC 296-24-567). The PSM standard is specifically concerned that the emergency action plan include procedures for handling small releases of highly hazardous chemicals. Dames & Moore will incorporate emergency planning and response elements that specifically addresses the PSM requirements into the Emergency Action Plan described previously. J DATA PRP\YWTP-1 PRO DAMES & MOORE A DAMES & MOORE GROUP COMPANY City of Yakima Naches River Water Treatment Plant Task 1.8 8 - Compliance Audits (WAC 297-67-057) April 3, 1997 Page 13 Under the "compliance audits" aspect of the PSM standard, employers must certify that they have evaluated compliance with the auditing procedures every three years to verify that the procedures and practices are adequate and are being followed. Compliance audits must be conducted by at least one person knowledgeable in the process. Audit findings must be presented in a written report, and the employer must determine and document appropriate response for each finding of the compliance audit and document that deficiencies were corrected. The employer is responsible for retaining the two most recent compliance reports. Dames & Moore proposes to develop a written compliance auditing program for the YWTP specific to its chlorination and dechlorination processes. The compliance auditing program will include a checklist for determining compliance with and effectiveness of operating procedures and practices, with a focus on safety concerns. T'ne compliance auditing program will be presented in draft folio, followed by submittal of a final program document that addresses your comments. SCHEDULE Dames & Moore is prepared to begin work on this project within two weeks of authorization to proceed. A schedule for prioritization and completion of the tasks will be discussed and finalized upon project commencement. PROFESSIONAL FEES Dames & Moore anticipates performing the scope of services described in this proposal in accordance with the terms and conditions of our existing Agreement Between the City of Yakima, Washington and Dames & Moore, Inc. for Professional Services dated August 16, 1995. Based on the work performed on the Yakima Waste Water Treatment Plant and the similarity of some of the systems personnel, and emergency response procedures we believe that a substantial savings in cost can be realized. This savings is reflected in the cost break down provided below. A breakdown of our estimated professional fees for perfoiming the above mentioned services is provided below: TASK 1.1 - Accident Prevention Program $4,300 TASK 1.2 - Personal Protective Equipment $2,000 TASK 1.3 - Control of Hazardous Energy (LO/TO) $3,200 TASK 1.4 - Emergency Response Plan $5,800 J DATA PRP'YWTP-2.PRO GAMES & MOORE C3tp'of aki a April 3,_1997_ Naches �pver water 1 reat lent Plant Page 14 TASK 1.5 - Fall Protection Program $1,200 TASK 1.6 - Respiratory Protection Program $1,200 TASK 1.7 - Confined Space Entry Program $3,100 TASK 1.8 - Process Safety Management Program $ 18,300 TOTAL ESTIMATED COST $39,100 We will not exceed the budget estimate without prior approval from the YWTP and the City of Yakima. Our work will be performed, our findings obtained, and recommendations prepared in accordance with generally accepted environmental science and engineering practices at the time our work is done. As has occurred in the past the City of Yakima has issued a contract which Dames & Moore has agreed to in order to perform this work. Work will begin upon receipt of written authorization and execution of the contract document. We appreciate the opportunity to provide on-going environmental, health and safety consulting services the City of Yakima. Should you have any questions regarding our proposal or if we can be of any further assistance, please do not hesitate to call. Sincerely, DAMES & MOORE, INC. David Einolf Principal, Air Services Kim L. Marcus Principal, Inland Northwest J DATA PRP YWTP-2 PRO BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / For Meeting Of 5/20/97 ITEM TITLE: Water/Irrigation Process Safety / Risk Management Contract SUBMITTED BY: Dueane Calvin, Water/Irrigation Manager Dave Brown, Water/Irrigation Engineer Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Dueane Calvin / 576-6480 SUMMARY EXPLANATION: Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager to execute the accompanying contract with Dames and Moore of Spokane, Washington for Process Safety/Risk Management Program Development and Safety Plan Review for the Water/Irrigation Division. Dames and Moore completed an Environmental Compliance Audit and several other key environmental, health, and safety programs in 1996 according to their original contracts, (Resolutions R96-28 & R96-61). Dames & Moore is currently under contract with the Wastewater Division to develop their Process Safety / Risk Management Program. Portions of this program will be the same for both divisions. Dames and Moore has lowered the cost of completing the program for the Water/Irrigation Division by $20,140.00 from their first proposal due to these duplications. The contract specifies a negotiated scope of work and not to exceed cost of $39,100.00. The financial support for this contract will be from approved appropriations in the 474 Fund. Resolution X Ordinance _Contract X Other (Specify) Contract Funding Source 474 Fund -- Professional Services APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying contract for Process Safety/Risk Management Program Development and Safety Plan Review from Dames and Moore of Spokane, WA. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-77 The broad array of regulatory issues contained in this contract is mandated by a new OSHA standard -- "Process Safety Management of Highly Hazardous Chemicals," 29 CFR, 1910.119. In addition to the management of highly hazardous chemicals, the water/irrigation division must address other occupational health and safety compliance mandates including public right to know issues concerning hazardous materials usage, spill containment, air quality compliance assessments, respiratory protection programs, audiological assessments, and general chemical hygiene planning.