HomeMy WebLinkAboutR-2002-141 Century West Engineering Corporation Agreement (re: Naches River water treatment plant)RESOLUTION NO. R-2002- 141
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
professional services agreement with Century West Engineering
Corporation for the purpose of obtaining compliance, health and safety
audit/assessment services regarding the City of Yakima water treatment
plant located on the Naches River.
WHEREAS, the Water Division of the City of Yakima requires compliance auditing -
related services for the chlorination process at the City's water treatment plant located on the
Naches River; and
WHEREAS, the Water Division also requires a health and safety assessment of various
health and safety programs, including the respiratory protection program for the fluoridation
process; and
WHEREAS, the Water Division does not have sufficient personnel or expertise to do
said services; and
WHEREAS, Century West Engineering Corporation has the experience and expertise
regarding said services, and agrees to perform these services for the City in accordance with the
terms and conditions set forth in the attached professional services agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize execution of the attached agreement with Century West Engineering Corporation for
the purpose of obtaining compliance, health and safety audit/assessment services regarding the
City of Yakima water treatment plant, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated professional services agreement with Century West Engineering
Corporation for the purpose of obtaining compliance, health and safety audit/assessment
services regarding the City of Yakima water treatment plant located on the Naches River.
ADOPTED BY THE CITY COUNCIL this 26th day of November, 2002.
ATTEST:
City Clerk
Mary Place, Mayor
��CENTURY WEST
ENGINEERING CORPORATION
AGREEMENT AND AUTHORIZATION FOR
ENVIRONMENTAL CONSULTING SERVICES
By this Agreement dated September 20, 2002, City of Yakima (Client) authorizes Century West Engineering
Corporation (Consultant) to carry out and complete the following Services in consideration of the mutual covenants set
forth in this Agreement, the ENVIRONMENTAL CONSULTING TERMS AND CONDITIONS, and the following additional attachments:
Project: Process Safety Management (PSM) and Risk Management Plan (RMP) Compliance Audits
Project Location:
Project No.:
Scope of Services:
City of Yakima Water Treatment Plant, Yakima, WA
TBA
Environmental Services as defined in the letter addressed to Mr. David Brown dated September
20, 2002 (attached).
Opinion of Probable Costs: Lump Sum Not to Exceed $2,000 including travel and reporting costs, as defined in the Scope of
Services, without prior authorization from the client.
City of Y ki a
CenturyWest lest Engineering Corporation
By: S _ C By:
Ri chard A. Zai s, Jr. David M. Einolf
Title: Ci ty Manager Title: Environmental Practise Leader
fi
Date: (a - a- ` ® 3 Date: September 12, 20021
OrfCcigilltriT
F,FSOWT O?i YU): ��.e!.,1Wl`
Revised 1/97
1teCENTURY WEST
ENGINEERING CORPORATION
LEADING THROUGH EFFECTIVE SOLUTIONS
September 20, 2002
City of Yakima
2301 Fruitvale Boulevard
Yakima, WA 98902
Attention: Mr. David Brown
Water / Irrigation Engineer
Reference: Letter Proposal
Process Safety Management (PSM) and Risk Management Plan (RMP)
Compliance Audits
City of Yakima Water Treatment Plant
Century West Engineering Corporation (hereinafter "CWEC") is submitting the proposal for the above -
referenced services as requested by Mr. Dave Brown during our September 10, 2002 discussion.
CWEC's proposal includes the following sections: Scope of Services, Project Schedule, Project
Organization, and Estimated Fee.
SCOPE OF SERVICES
As requested by the City of Yakima (hereinafter, "the City"), CWEC is submitting a proposal to provide
Process Safety Management (PSM) and Risk Management Planning (RMP) compliance auditing -related
services for the chlorination process at the City's water treatment facility, as discussed below. CWEC is
also proposing completion of a health and safety assessment of the health and safety programs, including
the respiratory protection program for the fluoridation process.
Task 1: Process Safety Management and Risk Management Plan Audits
A CWEC consultant will visit the water treatment facility for the purpose of completing an audit of the
Process Safety Management and Risk Management plan prepared for the chlorination process at the
plant.
CWEC will complete the audit of the PSM program using the protocol developed by OSHA
(Compliance Guideline 2-2.45A). CWEC will use a proprietary Microsoft Access® -based database to
perform these audits. The following components of PSM will be reviewed:
Employee Participation
Process Safety Information
Operating Procedures
Training
Contractor Safety
Pre -Startup Safety Review
6650 SW Redwood Lane, Suite 300 Portland, OR 97224
Phone: (503) 419-2130 Fax: (503) 639-2710
Mr. Dave Brown
City of Yakima — Water Treatment Plant
Proposal for PSM/RMP Compliance Auditing
September 20, 2002
Page 2
,,,...CENTURY WEST
ENGINEERING CORPORATION
Mechanical Integrity Audits
- Hot Work Permits
- Management of Change
Incident Investigation
Emergency Response Plan
CWEC will also use the EPA Guidance for Auditing Risk Management Plans/Programs under Clean Air
Act Section 112(r) (EPA 550-B99-008). Annex C of this guidance document contains a checklist that
will be used to audit the non -prevention program elements required under the RMP. Compliance with
the prevention program elements will be assessed through completion of the PSM audit checklist.
CWEC will prepare, at the completion of the site visit, a report that includes the following:
A PSM audit questionnaire prepared according to OSHA CPL 2-2.45A;
- An RMP audit checklist prepared according to EPA 550-B99-009; and
A summary document outlining compliance status and needs.
Task 2: Health and Safety Program Evaluation
CWEC will review basic health and safety programs in place at the water treatment facility to assess
compliance with state and federal requirements. The programs to be evaluated will include respiratory
protection, hazard communication, emergency response, confined space entry, and blood borne
pathogens. CWEC will prepare a written evaluation of the programs in place and suggest modifications
to the programs to aid in compliance, as appropriate.
Task 3: Respiratory Protection Training
CWEC will conduct respiratory protection training for those City employees identified by Mr. Brown.
The training will include an overview of the respiratory protection program requirements, different types
of respiratory protection equipment, a hands-on demonstration of proper use of respiratory protective
equipment used by the City (if such equipment is provided by the City for the training class) use, and
qualitative respirator fit testing using irritant smoke (if respirators are provided by the City).
SCHEDULE
Following authorization, CWEC will schedule the PSM compliance audit with the City and complete the
draft report within three weeks of completion of the site visits. A certain amount of acceleration in the
schedule is possible.
PROJECT ORGANIZATION
This project will be under the overall direction of Mr. David M. Einolf, ARM, CHMM, Leader of
CWEC's Environmental Practice. Mr. Einolf has over 17 years of experience in providing process safety
management, risk management and regulatory services to a wide variety of CWEC's clients.
Century West Engineering Corp.
6650 SW Redwood Lane, Suite 300 Portland, OR 97224
Phone: (503) 419-2130 Fax: (503) 639-2710
Mr. Dave Brown
City of Yakima — Water Treatment Plant
Proposal for PSM/RMP Compliance Auditing
September 20, 2002
Page 3
.���CENTURY WEST
ENGINEERING CORPORATION
The Project Manager will be Ms. Luverna K. Menghini, a Project Chemical Engineer. Ms. Menghini
was formerly the process safety coordinator for MEMC Southwest, a Texas Instruments joint venture in
semiconductor wafer fabrication. Ms. Menghini is an experienced PHA facilitator and adept at the
development of PSM written programs. Ms. Menghini has completed more than fifty PSM compliance
audits and is involved in the preparation of numerous RMP plans in a variety of industries.
ESTIMATED FEE
CWEC proposes to complete this project on a time -and -materials basis. The City of Yakima should
consider the following cost estimates to be a not -to -exceed estimate for this project. The costs are based
upon CWEC 's Standard Schedule of Charges and General Conditions, attached to this proposal.
CWEC's proposed cost breakdown is then as follows:
Task 1: PSM/RMP Compliance Audits $ 1,200
Task 2: Health & Safety Program Review $ 400
Task 3: Respiratory Protection Training $ 400
Total Costs: $ 2,000
If this scope, schedule, and estimate fee are acceptable to the City, please sign the attached contract and
return one copy to CWEC; retain one copy for your files.
CWEC looks forward to this opportunity to provide services to the City of Yakima and to assist in
compliance with the Process Safety Management and Risk Management Planning standards.
Very truly yours,
CENTURY WEST ENGINEERING CORPORATION
Luvema K. Menghini, T
Project Manager
David M. Einolf, CHIIM
Environmental Practip Leader
1,1
Century West Engineering Corp.
6650 SW Redwood Lane, Suite 300 Portland, OR 97224
Phone: (503) 419-2130 Fax: (503) 639-2710
ENVIRONMENTAL CONSULTING ♦ TERMS AND CONDITIONS
1. SERVICES: Engineer agrees to perform the Scope of Services
(Services) under the following terms and conditions. Additional
Services will be provided only by written amendment to this
Agreement.
2. TIMES OF PAYMENTS: Consuittant will submit invoices on a
monthly basis for the unbilled portion of Services actually completed.
Client will pay the invoice within 30 days of the invoice date,
Accounts remaining unpaid after said 30 days will be considered
delinquent ancl-assessed late-payment�harge-(currently at-the-rate6
o er-month)-caleulated -each-month -from-the date of -the '-
invoice': Consultant reserves the right to suspend all Services until
account delinquencies have been remedied.
3. OPINIONS OF COST: Because Consultant has no control over
the cost of labor, materials, equipment or Services furnished by
others, or over contractors' methods of determining prices, or other
competitive bidding or market conditions, any cost estimates
provided by Consultant will be made on the basis of experience and
judgment. Consultant cannot and does not guarantee that proposals,
bids or actual Project construction costs will not vary from cost
estimates prepared by Consultant. Consultant will not exceed
estimated probable cost without prior authorization from Client.
4. RECOGNITION OF RISK: Client recognizes that site
conditions will often vary from those encountered at the times and
locations where data arc obtained by Consultant, and that the limited
data results in uncertainty with respect to the interpretation of these
conditions, despite the use of due professional care. Consultant's
findings, specifications or professional advice do not contain any
warranty or representation that Client's site is free from
environmental contamination.
5. CLIENT -PROVIDED INFORMATION: Client will make
available to Consultant, all information readily available to Client
regarding existing and proposed conditions of the site which will aid
Consultant in its performance of Services. Client agrees to advise
Consultant of any hazardous substances or any condition existing in,
on or near the site presenting a potential danger to human health, the
environment, or equipment. Client will immediately transmit to
Consultant any new information which becomes available to Client
which may have a bearing on Consultant's performance of Services
or which relates to information Consultant has requested from Client.
Consultant shall be entitled to rely, without further inquiry or
investigation, on all information furnished to Consultant by Client. If
any hazards, not disclosed to Consultant, are discovered after the
Services are undertaken, Client and Consultant agree that the Scope
of Services, time schedule and rate schedule shall be modified
accordingly.
6. STANDARD OF PERFORMANCE: Consultant represents that
Services will be performed within the limits prescribed by Client, and
that its findings, recommendations, specifications and/or professional
advice provided hereunder will be prepared and presented in a
manner consistent with the level of care and skill ordinarily exercised
by other professionals under similar circumstances at the time the
Services are performed.
Page 1 of 2
7. ACCESS, APPROVALS, PERMITS: Unless otherwise agreed,
Client shall arrange for access to and make all provisions for
Consultant to enter onto public and private property as required for
Consultant to perform the Services, and Client will be solely
responsible for applying for and obtaining such permits and
approvals as may be necessary for Consultant to perform the
Services.
8. REUSE OF DOCUMENTS: All documents, including computer
files, drawings and specifications, prepared by Consultant pursuant to
this Agreement shall remain the property of Consultant and are
instruments of service with respect to the Project. They are not
intended or represented to be suitable for reuse by Client or others on
extensions of the Services provided for the Project under this
Agreement or on any other project. Any reuse without written
authorization, certification or adaptation by Consultant for the
specific purpose intended will be at Client's sole risk and without
liability to Consultant.
9. SAMPLES: Consultant shall preserve all samples obtained for
the Project as it deems necessary but not longer than forty-five (45)
days after the issuance of any document which records the data
obtained as a result of the sample analysis.
10. EXCLUSIONS: All issues related to asbestos, PCBs, lead
based paint and wetland delineation (excluded issues) are excluded
from Consultant's Scope of Services. Client shall notify Consultant
at the start of the Project if there is reason to suspect the presence of
any excluded issues on the site. If excluded issues are suspected or
encountered, Consultant will stop its own work to permit proper
testing and evaluation by others. If requested as an additional
Service, Consultant will assist Client in contacting regulatory
agencies and/or identifying appropriate testing laboratories or
contractors.
11. INDEMNIFICATION AND INSURANCE:
(a) Client agrees to indemnify, hold harmless and defend
Consultant, its directors, officers, agents and employees, from and
against any and all liabilities, claims, penalties, forfeitures, suits and
the cost and expenses incidental thereto, including but not limited to
reasonable attorney fees, which Consultant may hereafter incur,
become responsible for or pay out as a result of death or bodily
injuries to any person, destruction or damage to any property,
contamination of or adverse effects on the environment or any
violation of governmental laws,
regulations or orders caused by Client's (1) breach of any term or
provision of this Agreement; (2) any negligent or wrongful act or
omission in the performance of this Agreement; or (3) Client's
generation of waste products.
(b) Consultant agrees to indemnify, hold harmless and defend
Client, its directors, officers, agents and employees, from and against
any and all liabilities, claims, penalties, forfeitures, suits and the cost
and expenses incidental thereto, including but not limited to
reasonable attorney fees, which Client may hereafter incur, become
responsible for or pay out as a result of death or bodily injuries to any
person, destruction or damage to any property, contamination of or
adverse effects on the environment or any violation of governmental
laws, regulations or orders caused by Consultant's (1) breach of any
term or provision of this Agreement; or (2) any negligent or wrongful
act or omission in the performance of this Agreement.
tiJfCENTURY WEST
`, ENGINEERING CORPORATION
ENVIRONMENTAL CONSULTING ♦ TERMS AND CONDITIONS
(c) In the event any claim arises as a result of the concurrent
negligence of Consultant and Client, liability will be determined on
thc basis of the doctrine of comparative negligence. Each party shall
promptly notify the other party, in writing, of any threatened or actual
claim, action, or proceeding. Consultant and Client shall jointly
control the defense.
(d) Notwithstanding any other provision contained in this
Agreement, neither party shall he liable to the other party for any
indirect, incidental, special or consequential damages of any kind,
including without limitation, lost profits or loss of use, regardless of
thc cause, including ncgligcncc.
(e) Upon request, Consultant will provide Client with
Certificates of Insurance for Worker's Compensation, General, Auto
and Professional Liability coverage. Glee —agr'n s *^ maintain,
.•cluing--tlte-perfor-mance-of-Services ge,ea liability-and-automobilet
lia... • -- • 3e oant-of-ane-rnillien-dollars($1;O0E1,00E1). ))1•0`'
_? r nu. D IIA I TTY• Tient--agrees-that-Co. int'
liability to Client, contractors, subcontracto. - their agents,
employees and consultants, and to . er third parties which may 6V_'
arise from or be due du-. .r indirectly to the negligent acts, errors.
and/or orris '.- o Consultant, its agents, employees or consultants
shal . - imited to a continued aggregate not to exceed $100,000 or
oun pas. in ees to Consu taut, w ichever is greater.
13. TERMINATION: Either party may terminate this Agreement
upon thirty (30) days written notice to the other. Either party may
terminate this Agreement immediately in the event of a material
breach by the other party to perform in accordance with the terms
hereof but only if said breach is through no fault of the terminating
party and said breach is not corrected before the date of termination.
If this Agreement terminates for Force Majeure, Client shall pay
Consultant for all Services authorized and performed prior to the
termination date including, if applicable, a prorated lump sum fee.
14. SUCCESSORS AND ASSIGNS: Neither Consultant nor Client
may assign this Agreement without the prior written consent of the
other. Consultant may, however, employ any other party or entity it
deems necessary or proper for any part of the Services required to be
performed by Consultant under the terms of this Agreement. The
covenants, conditions and terms of this Agreement shall extend to
and he binding upon and inure to thc benefit of the heirs, personal
representatives, successors and assigns of the parties hereto.
15. MISCELLANEOUS:
(a) This Agreementt shall be governed by the laws of the State
of Oregon. btiGSk�
_.•
ultaa
brought no later than two
completion of the Services
appropriate statute of
(c) In
of substantial
r or the expiration of the
ions, whichever is earlier.
event this Agreement should be referred to an
attorney aw or agent for collection, Client agrees to pay such
re .. able attorney's or agent's fees and costs as Consultant may
ncur to any attorney or agent in such collection even if no action is
(d) No waiver by either party of any provision of this
Agreement shall be construed or deemed to be a waiver of (a) any
other provision of this Agreement or (b) a subsequent breach of the
same provision, unless such waiver be so expressed in writing and
signed by the party to be bound.
years
he -.
afte
Page 2 of 2
(e) The terms and conditions of this Agreement contain a
series of separate agreements. If in any proceeding a court or
arbitrator shall refuse to enforce any of thc separate agreements, any
unenforceable agreement shall be deemed reduced or eliminated from
the terms and conditions for the purpose of such proceeding, but only
to the extent necessary to permit the remaining agreements to be
enforced in such proceeding.
(f) This Agreement constitutes the entire agreement between
Client and Consultant regarding the Services and supersedes all prior
or contemporaneous oral or written representations or agreements.
This Agreement shall not be modified except by a written document
signed by both parties.
(g) Nothing contained in this Agreement shall be construed or
interpreted as requiring Consultant to assume the status of generator,
storer, treater or disposal facility, or arranger of any such treatment,
storage or disposal as those terms appear within the Resource
Conservation and Recovery Act, 42 USCA, Section 6901, et seq., as
amended (RCRA), Comprehensive Environmental Response
Compensation and Liability Act, 42 USCA Section 9601, et seq., as
Amended (CERCLA) or within any state statute governing the
treatment, storage or disposal of solid or hazardous waste.
"ry3CENTURY WEST
ENGINEERING CORPORATION
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1
For Meeting of , 1 /26/2002
ITEM TITLE. Process Safety Management and Risk Management Compliance Audits
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: The Occupational Health and Safety (OSHA) rules require that
facilities that have hazardous chemicals such as chlorine and fluoride conduct a Process Safety
Management (PSM) and Risk Management (RMP) Compliance Audit every two years. Staff
respectfully requests City Council to approve the attached resolution authorizing the City
Manager to execute the accompanying contract with Century West Engineenng Corporation a
Professional Corporation, of Portland, Oregon for the Completion of a PSM and RMP
Compliance Audit for the Naches River Water Treatment Plant. These services shall include an
audit of the PSM requirements in OSHA Compliance Guideline 2-2 45A and the RMP
requirements in EPA 550-B99-009. Financial support for this contract will be from appropriations
approved by Council in the 474 Fund.
Not to Exceed Engineering Cost $2,000 00
Resolution X Ordinance Other (Specify) Contract _X_
Mail to David Eino(f, Century West Engineering,6650 SW Redwood Ln.., Suite 300, Portland, OR 97224 Phone. 503-419-2130
Funding Source `Z4
APPROVED FOR SUBMITTAL: '� -- - -c \ City Manager
STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the
accompanying contract for the Process Safety Management and Risk Management
Compliance Audits for the Naches River Water Treatment Plant with Century West Engineering
Corporation of Portland, Oregon.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-141