HomeMy WebLinkAboutR-1995-114 Dames and Moore Inc.•
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RESOLUTION NO R95-114
A RESOLUTION authorizing the execution of an agreement for
professional engineering and consulting services between the City of Yakima,
a municipal corporation, and Dames and Moore Inc.
WHEREAS, the City of Yakima is responsible for the protection of the
environment and the safety of its employees and the public at the Yakima
Wastewater Facility
WHEREAS, several new State and Federal mandates including
regulations under the Occupational Safety and Health Administration, the
Environmental Protection Agency and several existing regulations require
the City to perform specific work tasks.
WHEREAS, the City is required to conduct an environmental
compliance audit and routinely maintain and develop numerous safety plans
in accordance with State and Federal mandates.
WHEREAS, Dames and Moore, Inc. has been selected to provide
professional consulting services in response to the need to secure current
safety plans and conduct an environmental compliance audit 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 YAK MA.
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 THIS Rr"~ day of Q_►.�,. , 1995
MAYORQY o�Te w•
ATTEST
`ii(r%
Armed
0• CITY CLERK
Sludge Resolution
7/20/95
GW
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
DAMES & MOORE, Inc.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this l ( day
of . jS 05 , 1995, 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 Environmental
Compliance Audit and Additional Safety Plan/Program Review, herein
called the "PROJECT".
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide
for "Environmental Compliance Audit and Additional Safety
Plan/Program Review." 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
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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.
CONSULTANT agrees to perform those planned tasks described in Exhibit
A, entitled "Environmental Compliance Audit and Additional Safety
Plan/Program Review." 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
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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 CONSULTANTS 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 no cost to 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.
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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
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 $38,000. Labor hours
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charged in fiscal year 1995 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 Eight
Thousand Dollars, ($38,000). Of this amount Seventeen Thousand Dollars,
($17,000) will be for the Environmental Compliance Audit and Twenty
One Thousand Dollars, ($21,000) will be for the Additional Safety
Plan/Program Review. 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 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
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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.
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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 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.
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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.
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.
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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 workmens' 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 CONSULTANTS 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.
0\ (Consultant's Initials) (City's Initials)
6.3.6 It is understood that any resident engineering or inspection
provided by CONSULTANT is for the purpose of determining
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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
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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.
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
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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 CONSULTANT'S 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.
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 RESPONSIBILTTThS
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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 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
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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:
11.4 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.
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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 NOTINCATION REQUIREMENTS
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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.
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.
Page 16
Process safety contract
July 20, 1995
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.
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
Page 17
Process safety contract
July 20, 1995
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
By:
1' fes-(
e n Rice, Acting City
ATTEST:
Manager
Date:
ctig City Clerk
City Contract N
Page 18
Process safety contract
July 20, 1995
DAMES & MOORE Inc.
Signature
14.: L. M a r c, v
Printed Name
7,--,.c,per'
Title
$ 1 kl.,Rs
Date
EXHIBIT A
DAMES & MOORE
808 EAST SPRAGUE AVENUE. SPOKANE, WASHINGTON 99202
(509) 838-7430 FAX (509) 456-7377
July 13, 1995
Mr. Bruce R. Bates
Wastewater Division
Department of Engineering & Utilities
2220 E. Viola
Yakima, Washington 98901
Proposal to Provide
Compliance Audits and Program Development
Yakima Wastewater Treatment Division
City of Yakima. Washineton
Dear Mr. Bates:
Dames & Moore is very pleased to have been selected by the Yakima Wastewater Division
(YWWD) to provide various environmental assistance including process safety and management
planning services at the Cities Wastewater Treatment Plant and Wastewater Collections Building.
The purpose of the services Dames & Moore will provide is to update existing management plans
and to develop other regulatory required documentation. The areas addressed in this proposal
were outlined in your request for Statement of Qualifications dated April 18, 1995 and discussed
during a site visit on June 9, 1995. These areas included:
• General Environmental Compliance,
• Process Safety Plan (revised),
• Chemical Hygiene Plan (revised),
• Exposure Control Plan (revised),
• Safety Manual (revised),
• Chlorine and Sulphur Dioxide Handling Plan (revised),
• Hazard Communication Program,
• National Pollution Discharge Elimination Program (NPDES),
• Spill Prevention Control and Countermeasure Plan (revised), and
• Air Emission Plan.
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OFFICES WC RLE X IPE
DAMES & MOORE
Yakima Wastewater Division`
July 13, 1995
Page 2
In addition, the YWWD has requested that a baseline noise level survey be performed as part of
the safety program. No previous audiological programs or plans have been performed. During
the audit program underground storage tank records will be reviewed. The YWWD may want
to assess the need to have underground storage tanks decommissioned. Also the presences of
asbestos may be assessed in future programs. These issues will not be addressed at this time, but
will be included in the environmental audit.
Plans that will not be addressed because they have only recently been prepared or updated
include:
• Blood Borne Pathogens,
• Laboratory Quality Assurance Program,
• Substance Abuse Program, and the
• Confined Space Entry Program.
Dames & Moore will review these four plans/programs for completeness, compliance and
information for the other programs. We assume for the purposes of this proposal, that no
additional work will be needed to address these issues. If issues need to be addressed we will
discuss them with you following the general environmental site audit.
While you have sent us the plans that you have for review and we have visited the facility, we
recommend that an Environmental Compliance Audit be the first task that is performed. The
Environmental Compliance Audit is an excellent tool that can be used to familiarize the team
with the facility, establish baseline conditions, and assesses which local, state, and/or federal
regulations are applicable to the wastewater treatment plant.
SCOPE OF SERVICES
Environment Compliance Audit
Environmental compliance audits have been developed as a tool that can help assess compliance
with environmental laws and regulations and evaluate conformance with established
environmental policies and procedures. Dames & Moore's environmental compliance audits are
structured to achieve the audit objectives identified by our clients, and to address the
environmental programs of concern at their facilities.
c:'data''rnarketin yakima.prp
IN
Yakima Wastewater Divas' DAMES & MOORE
ion
July 13, 1995
Page 3
Based on our review of your existing plans and observations during our site visit, we have
identified the following general environmental regulatory program areas applicable to YWWD
operations. We propose to develop a strategy and prioritization for the evaluation of YWWD's
compliance with each of the following regulations as they apply to your facility:
• General Occupational Safety and Health Act (OSHA) Compliance
Process Safety requirements
Hazard Communication (HazCom) Program requirements
Chemical Hygiene requirements
Respiratory Protection Program requirements
Blood Borne Pathogen Program requirements
Confined Space Entry Program requirements
Lock Out/Tag Out requirements
Hazardous Waste Operations and Emergency Response (HAZWOPER)
requirements
• Clean Water Act (CWA)
spill prevention control and countermeasures (SPCC) plan
storm water discharges/permitting
National Pollutant Discharge Elimination System (NPDES)
discharge/permitting
• Resource Conservation and Recovery Act (RCRA)
solid waste management
used oil management
hazardous waste management
underground storage tank (UST) management
• Emergency Planning and Community Right to Know Act (EPCRA, also known
as SARA Title III)
Emergency Planning and Notification Requirements (Section 301-304 of
EPCRA)
MSDS inventory requirements (Section 3.11 of EPCRA)
Tier II requirements (Section 312 of EPCRA)
Form R reporting requirements (Section 313 of EPCRA)
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Yakima Wastewater Divisio DAMES & MOORE
July 13, 1995
Page 4
• Clean Air Act (CAA)
air emission inventories
national ambient air quality standards
operating permit requirements
review control technology (BACT/RACT)
• Toxic Substances Control Act (TSCA)
polychlorinated biphenyls (PCB) management
asbestos
• Uniform Fire Code (UFC)
Hazardous Materials Storage requirements
The objectives of our compliance audit will be to:
• Identify federal, state, and local environmental regulations that apply to each
facility;
• Assess compliance with the above referenced regulations; and
• Provide recommendations for corrective actions to address the identified issues of
concern.
To meet the objectives described above, Dames & Moore proposes the following tasks be
completed. Our proposed technical approach is divided into five individual tasks. This proposed
approach has proven successful on similar projects. Our technical approach includes the
following tasks:
Task 1: Scoping Meeting
Task 2: Review of Background Data and Pre -Audit Questionnaire
Task 3: Site Visit
Task 4: Additional Safety Plan/Program Review
Task 5: Preparation of Final Report
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DAMES & MOORE
Yakima Wastewater Division
July 13, 1995
Page 5
Task 1 - Scoping Meeting
A number of important decisions must be made prior to initiating facility compliance audits.
Decisions must be made concerning the extent of attorney involvement. audit objectives. the
appropriate level of detail, and audit scope. The scope of the audit must be carefully drafted to
consider YWWDs objectives, financial limitations, time constraints. areas of special concern, and
the roles and responsibilities of the participating parties. Dames & Moore is experienced in
facilitating audit program development and will tailor our approach to meet the specific
requirements of YWWD.
Dames & Moore's Lead Consultant, Kim Marcus, and Project Manager, Carla Minor, will meet
with YWWD representatives to discuss the project scope, schedule, and deliverables. The overall
goals and objectives of the auditing program will be established. The meeting will include a
discussion of project requirements, specific environmental concerns identified during our site visit,
and setting of priorities. Development of an environmental management system to facilitate
continued compliance will also be discussed. Verbal lines of communication between Dames &
Moore's project team and YWWD will be established to provide effective and efficient
communication for the length of the project.
Task 2 - Review of Background Data and Pre -Audit Questionnaire
Once the audit program has been defined, Dames & Moore will begin to gather and review the
applicable background information. The principal vehicle for obtaining background information
is a pre -audit questionnaire. The Pre -Audit Questionnaire supplies information to auditors
through a series questions on environmental matters. It also requests copies of certain
background documents such as facility plans, training programs, process flow charts, and
environmental permits.
Dames & Moore will develop a Pre -Audit Questionnaire to address the specific environmental
program areas applicable to YWWD. The Pre -Audit Questionnaire will be provided to YWWD
for completion prior to scheduling the site visit. The Dames & Moore audit team will review the
completed questionnaire, and the relevant plans, programs and permits prior to conducting the
site visit portion of the audit.
Task 3 - Site Visit
Prior to conducting the site visit, a kick-off meeting and entrance interview will be held with
YWWD and Dames & Moore's audit team to discuss the site visit objectives, logistics, schedule,
and other relevant information. A site visit will be conducted by Dames & Moore auditors of
both facilities. The personnel selected for the site visit will be based on the technical and
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DAMES & MOORE
Yakima Wastewater DivisiO1r
July 13, 1995
Page 6
regulatory requirements of each site-specific review. Facility operations and waste storage,
handling and disposal activities will be observed. Interviews with key facility management and
responsible personnel will be conducted to obtain accurate information related to facility
operations.
Facility documents will be reviewed during the site visit including but not limited to
environmental permits, waste manifests, environmental management plans, and annual reports.
Each of the plans listed in the introductory section of this proposal will be reviewed. Based on
conversations with YWWD, we have prioritized the plans and have selected five to begin
revising. The revision of these selected high priority plans/programs will occur in Task 4.
Upon completion of the audit, a close out meeting will be held with YWWD to discuss
environmental issues where we believe that improvements could be instituted in order to be in
compliance with the regulations. In addition. Dames & Moore will assess the status of
environmental practices related to best management practices and the conformance with local.
state, and federal regulations and Division policies and procedures. Our goals in conducting our
audits are to be objective, thorough, systematic, accurate, and professional.
Task 4 - Additional Safety Plan/Program Review
Based on conversations with you we have prioritized the plans that will be addressed first. The
Priority 1 plans to be addressed include the:
1. Process Safety Plan,
2a. Safety Manual,
2b. Chlorine and Sulphur Dioxide Handling Plan,
3. Spill Prevention Control and Countermeasure Plan, and
4. Material Storage and Handling
5. Baseline Noise Level Survey
The Priority 2 plans to be reviewed are the:
6. Chemical Hygiene Plan for the Laboratory,
7. Exposure Control Plan,
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DAMES & MOORE
Yakima Wastewater Division
July 13, 1995
Page 7
8. Hazard Communication Program. and
As we discussed during our site visit, the Priority 3 plans/programs that will not be reviewed
include the:
9. National Pollution Discharge Elimination Program System (NPDES) and
10. Air Emission Plan.
During the audit these 8 priority 1 and 2 plans/programs will be reviewed, but only the Priority
1 plans/programs will be revised. After the review we will know how applicable the other plans
are and how extensive :night be the any revisions.
Task 5 - Preparation of Final Report
Following the onsite portion of the audit, Dames & Moore will prepare a Draft Report
documenting the audit objectives and scope, the steps taken to complete the audit, an evaluation
of facility compliance with applicable environmental regulations, and recorntnendations for
corrective actions, if necessary. The report will contain an assessment of the environmental
regulatory compliance issues that are applicable to the facility. The Priority 1 plans/programs
revisions will be presented in separate reports, as appropriate. The Draft Audit report and
Priority 1 plans/programs report will be presented in draft form for YWWDs comments. The
final form (ie. separate plans, combined plans, in three ring binders, on CD ROM, etc.) of the
Priority 1 plans/programs will be discussed with YWWD prior to finalization. Upon receipt and
incorporation of YWW,VD's comments, we will provide two final paper copies of the audit report
and one copy on disk to YWWD.
SCHEDULE
Darns & Moore is prepared to begin work on this project upon receipt of signed authorization
to proceed. We anticipate the scoping meeting to be completed within one day. The Pre -Audit
Questionnaires should be completed within one week of the scoping meeting. Dames & Moore
is prepared to initiate a site visit within one week of receiving the completed Pre -Audit
Questionnaire. In most cases, it should be possible to provide the draft audit report within two
weeks of the site visit. The revised Priority 1 plans/programs will be provided within two weeks
of the draft audit report. The final report will be provided 5 to 7 working days after receipt of
comments. In the report we will detail the timing for the completion of the revision of the other
lower priority plans/programs revisions.
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DAMES & MOORE
Yakima Wastewater Division
July 13, 1995
Page 8
PROFESSIONAL FEES
Dames & Moore's cost estimate for performing the scope of work detailed in this proposal is
provided below in Table 1A and 1B. The cost estimate for the Environmental Compliance Audit
is $17,000. Table 1B shows the estimated costs for revising each of the plans/programs listed
as Priority 1. The cost for performing the Priority 1 plans/program review and revisions is
estimated at $21,000. We will not exceed the budget estimate without review and approval by
YWWD. Costs categories by discipline and other selected cost discounts are provided in the
Attached Rate Schedule (Attachment A).
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. Dames & Moore expects to perform the scope of work on a time -and -materials with a
upper not -to -exceed cost basis in accordance with our standard Schedule of Charges and the
Agreement Between City of Yakima and Dames & Moore, Inc.
Thank you very much for the opportunity to provide you with this proposal. If you have any
questions, please call.
Very truly yours,
DAMES & MOORE, INC.
-t- ,a,-(,
Kim L. Marcus
Principal, Geologist
Attachment A - Rate Schedule
Table 1A - Cost Estimate - Environmental Compliance Audit Program
Table 1B - Cost Estimate - Additional Safety Plan/Program Review
Schedule of Charges
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ATTACHMENT A
RATE SCHEDULE
The following is the Dames & Moore rate schedule for various categories of personnel who may
work on projects for the Yakima Wastewater Division.
Job Title Rate
Principal $135
Project Environmental Scientist $105
Project Manager $90
Project Toxicologist/Certified Industrial Hygienist $105
Project Engineer $80
Project Geologist/Hydrogeologist $75
Project Regulatory Specialist $75
Project Asbestos Designer $70
Staff Engineer $65
Staff Geologist/Hydrogeologist $65
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.).
TABLE 1A
COST ESTIMATE - ENVIRONMENTAL COMPLIANCE AUDIT PROGRAM
Task
Rate Hours
Total
Task Total
Task 1 - Scoping Meeting
Kim Marcus
135
4
$540
Carla Minor
90
8
$720
Dave Godlewski
75
8
$600
Travel and Expenses
$750
$2,610
Task 2 - Review of Background Data and Pre -Audit Questionaire
Craig Armstrong
105
8
$840
Carla Minor
90
8
$720
Dave Godlewski
75
8
$600
$2,160
Task 3 - Site Visit
Craig Armstrong
105
16
$1,680
Carla Minor
90
16
$1,440
Dave Godlewski
75
16
$1,200
Travel and Expenses
$800
$5,120
Task 4 - Report Preparation
Kim Marcus
135
4
$540
Melody Allen
105
4
$420
Craig Armstrong
105
28
$2,940
Carla Minor
90
16
$1,440
Dave Godlewski
75
16
$1,200
Support Staff
40
8
$250
Equipment, supplies, etc.
$320
$7,110
TOTAL PROJECT COST
$17,000
TABLE IB
COST ESTIMATE - ADDITIONAL SAFETY PLAN/PROGRAM REVIEW
Task Rate Hours
Total
Task Total
Task 1 - Safety Meeting
Kim Marcus 135
2
$270
Craig Armstrong 105
24
$2,520
Staff Scientist 65
25
$1,625
Support Staff 40
8
$320
Equipment and Supplies
$300
$5,035
Task 2 - Safety Manual Revision
Kim Marcus 135
2
$270
Craig Armstrong 105
12
$1,260
Staff Scientist 65
20
$1,300
Support Staff 40
6
$240
Equipment and Supplies
$250
$3,320
Task 3 - Chlorine & Sulfur Dioxide Handling Plan Revision
Kim Marcus 135
2
$270
Craig Armstrong 105
10
$1,050
Carla Minor 90
4
$360
Staff Engineer 65
20
$1,300
Support Staff 40
6
$240
Equipment and Supplies
$200
$3,420
Task 4 - SPCC Plan Revision
Kim Marcus 135
6
$810
Carla Minor 90
4
$360
Staff Scientist 65
20
$1,300
Support Staff 40
6
$240
Equipment and Supplies
$250
$2,960
Task 5 - Material Storage and Handling Plan
Kim Marcus 135
2
$270
Carla Minor 90
8
$720
Staff Scientist 65
32
$2,080
Support Staff 40
8
$320
Equipment and Supplies
$350
$3,740
Task 6 - Baseline Noise Level Survey
Kim Marcus 135
1.5
$203
Craig Armstrong 105
5
$525
Staff Engineer 65
20
$1,300
Support Staff 40
4
$160
Equipment and Supplies
$337
$2,525
TOTAL PROJECT COST
$21,000
Vt DAMES & MOORE
SCHEDULE OF CHARGES
UNITED STATES
The compensation to Dames & Moore for our professional services is based upon and measured by the following elements, which are com-
puted as set forth below.
1.0 PERSONNEL CHARGES
See Attachment A - Rate Schedule
2.0 EQUIPMENT CHARGES
2.1 Computer control of project costs will be billed at a rate of $1.25 per each $50 of job charges or fraction thereof.
2.2 Other Dames & Moore equipment, if used, will be billed at the rates noted in the proposal. Where not noted in the proposal, equipment will
be billed in accordance with the published rates in the current Dames & Moore Equipment Rate Catalog.
3.0 OTHER SERVICED AND SUPPLIES
3.1 Charges for services, equipment and facilities not furnished directly by Dames & Moore, and any unusual items of expense not customarily
incurred in our normal operations, are computed as follows:
3.1.1 Non -personnel costs, including attorneys' fees, incurred in responding to any subpoena or other judicial or governmental request for
documents or testimony in connection with the Scope of Services, without regard to any other limitation on compensation.
3.1.2 Tariff rates for telecommunications and delivery services.
3.1.3 Cost plus 10 percent for other shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and
rentals.
3.1.4 Cost plus 15 percent for surveying services, land drilling equipment. construction equipment, testing laboratories, contract labor.
3.1.5 Cost plus 25 percent for aircraft, watercraft, helicopter and marine drilling equipment and operation.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
DAMES & MOORE, Inc.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 1,6 day
of . ilk. .; ,s5 j7 , 1995, by and between the City of Yakima,
Washing -ion 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 Environmental
Compliance Audit and Additional Safety Plan/Program Review, herein
called the "PROJECT".
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide
for "Environmental Compliance Audit and Additional Safety
Plan/Program Review." 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
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Process safety contract
July 20, 1995
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.
CONSULTANT agrees to perform those planned tasks described in Exhibit
A, entitled "Environmental Compliance Audit and Additional Safety
Plan/Program Review." 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
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Process safety contract
July 20, 1995
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 no cost to 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.
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Process safety contract
July 20, 1995
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
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 $38,000. Labor hours
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Process safety contract
July 20, 1995
charged in fiscal year 1995 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 Eight
Thousand Dollars, ($38,000). Of this amount Seventeen Thousand Dollars,
($17,000) will be for the Environmental Compliance Audit and Twenty
One Thousand Dollars, ($21,000) will be for the Additional Safety
Plan/Program Review. 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 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
Page 5
Process safety contract
July 20, 1995
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.
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Process safety contract
July 20, 1995
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 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.
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Process safety contract
July 20, 1995
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.
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.
Page 8
Process safety contract
July 20, 1995
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 workmens' 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.
0 (Consultant's Initials) (City's Initials)
6.3.6 It is understood that any resident engineering or inspection
provided by CONSULTANT is for the purpose of determining
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Process safety contract
July 20, 1995
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
Page 10
Process safety contract
July 20, 1995
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.
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
Page 11
Process safety contract
July 20, 1995
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 CONSULTANT'S 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.
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 RESPONSIBILITIES
Page 12
Process safety contract
July 20, 1995
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
liability insurance as required by state law.
10.1.4. Professional liability insurance. The limit
shall be not less than $1,000,000.
10.2 INSURANCE MODIFICATION AND CLAIM REQUIREMENTS
employer's
of liability
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 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
Page 13
Process safety contract
July 20, 1995
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:
11.4 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 14
Process safety contract
July 20, 1995
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
Page 15
Process safety contract
July 20, 1995
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.
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.
Page 16
Process safety contract
July 20, 1995
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.
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
Page 17
Process safety contract
July 20, 1995
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 DAMES & MOORE Inc.
By:
ATTEST:
cti g City Clerk
Date: 11 iQ'S-.
City Contract No.
Page 18
Process safety contract
July 20, 1995
Signature
4,' , d v14 r v S
Printed Name
\C
Title
c1\pias•
D ate
EXHIBIT A
DAMES & MOORE
808 EASTSPRAGUE
PRAGE AV511. FO hR .E�� WASHINGTON
AS.1NCTO 9920 2
(509) 8387430 FAX (509) 456-7.77
July 13, 1995
Mr. Bruce R. Bates
Wastewater Division
Department of Engineering & Utilities
2220 E. Viola
Yakima, Washington 98901
Proposal to Provide
Compliance Audits and Program Development
Yakima Wastewater Treatment Division
City of Yakima. Washinzton
Dear Mr. Bates:
Dames & Moore is very pleased to have been selected by the Yakima Wastewater Division
(YWWD) to provide various environmental assistance including process safety and management
planning services at the Cities Wastewater Treatment Plant and Wastewater Collections Building.
The purpose of the services Dames & Moore will provide is to update existing management plans
and to develop other regulatory required documentation. The areas addressed in this proposal
were outlined in your request for Statement of Qualifications dated April 18, 1995 and discussed
during a site visit on June 9, 1995. These areas included:
• General Environmental Compliance,
• Process Safety Plan (revised),
• Chemical Hygiene Plan (revised),
• Exposure Control Plan (revised),
• Safety Manual (revised),
• Chlorine and Sulphur Dioxide Handling Plan (revised),
• Hazard Communication Program,
• National Pollution Discharge Elimination Program (NPDES),
• Spill Prevention Control and Countermeasure Plan (revised), and
• Air Emission Plan.
c:\data ,marketinlvakima. prp
OFFICES WORLDWI DE
D ES & MOORS
Yakima Wastewater Division
July 13, 1995
Page 2
In addition, the YWWD has requested that a baseline noise level survey be performed as part of
the safety program. No previous audiological programs or plans have been perfouned. During
the audit program underground storage tank records will be reviewed. The YWWD may want
to assess the need to have underground storage tanks decommissioned. Also the presences of
asbestos may be assessed in future programs. These issues will not be addressed at this time, but
will be included in the environmental audit.
Plans that will not be addressed because they have only recently been prepared or updated
include:
• Blood Borne Pathogens,
• Laboratory Quality Assurance Program,
• Substance Abuse Program, and the
• Confined Space Entry Program.
Dames & Moore will review these four plans/programs for completeness, compliance and
information for the other programs. We assume for the purposes of this proposal, that no
additional work will be needed to address these issues. If issues need to be addressed we will
discuss them with you following the general environmental site audit.
While you have sent us the plans that you have for review and we have visited the facility, we
recommend that an Environmental Compliance Audit be the first task that is performed. The
Environmental Compliance Audit is an excellent tool that can be used to familiarize the team
with the facility, establish baseline conditions, and assesses which local, state, and/or federal
regulations are applicable to the wastewater treatment plant.
SCOPE OF SERVICES
Environment Compliance Audit
Environmental compliance audits have been developed as a tool that can help assess compliance
with environmental laws and regulations and evaluate conformance with established
environmental policies and procedures. Dames & Moore's environmental compliance audits are
structured to achieve the audit objectives identified by our clients, and to address the
environmental programs of concern at their facilities.
c:\data\marketin \yakima. prp
D
DAME MOORE
Yakima Wastewater Division
July 13, 1995
Page 3
Based on our review of your existing plans and observations during our site visit, we have
identified the following general environmental regulatory program areas applicable to YWWD
operations. We propose to develop a strategy and prioritization for the evaluation of YWWD's
compliance with each of the following regulations as they apply to your facility:
• General Occupational Safety and Health Act (OSHA) Compliance
Process Safety requirements
Hazard Communication (HazCom) Program requirements
Chemical Hygiene requirements
Respiratory Protection Program requirements
Blood Borne Pathogen Program requirements
Confined Space Entry Program requirements
Lock Out/Tag Out requirements
Hazardous Waste Operations and Emergency Response (HAZWOPER)
requirements
• Clean Water Act (CWA)
spill prevention control and countermeasures (SPCC) plan
storm water discharges/permitting
National Pollutant Discharge Elimination System (NPDES)
discharge/permitting
• Resource Conservation and Recovery Act (RCRA)
solid waste management
used oil management
hazardous waste management
underground storage tank (UST) management
• Emergency Planning and Community Right to Know Act (EPCRA, also known
as SARA Title III)
Emergency Planning and Notification Requirements (Section 301-304 of
EPCRA)
MSDS inventory requirements (Section 311 of EPCRA)
Tier II requirements (Section 312 of EPCRA)
Form R reporting requirements (Section 313 of EPCRA)
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�= ry DAMES & MOORE
Yakima Wastewater Divisiolr
July 13, 1995
Page 4
• Clean Air Act (CAA)
air emission inventories
national ambient air quality standards
operating permit requirements
review control technology (BACT/RACT)
• Toxic Substances Control Act (TSCA)
polychlorinated biphenyls (PCB) management
asbestos
• Uniform Fire Code (UFC)
- Hazardous Materials Storage requirements
The objectives of our compliance audit will be to:
• Identify federal, state, and local environmental regulations that apply to each
facility;
• Assess compliance with the above referenced regulations; and
• Provide recommendations for corrective actions to address the identified issues of
concern.
To meet the objectives described above, Dames & Moore proposes the following tasks be
completed. Our proposed technical approach is divided into five individual tasks. This proposed
approach has proven successful on similar projects. Our technical approach includes the
following tasks:
Task 1: Scoping Meeting
Task 2: Review of Background Data and Pre -Audit Questionnaire
Task 3: Site Visit
Task 4: Additional Safety Plan/Program Review
Task 5: Preparation of Final Report
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Yakima Wastewater Division
July 13, 1995
Page 5
Task 1 - Scoping Meeting
A number of important decisions must be made prior to initiating facility compliance audits.
Decisions must be made concerning the extent of attorney involvement, audit objectives, the
appropriate level of detail, and audit scope. The scope of the audit must be carefully drafted to
consider YWWDs objectives, financial limitations, time constraints, areas of special concern, and
the roles and responsibilities of the participating parties. Dames & Moore is experienced in
facilitating audit program development and will tailor our approach to meet the specific
requirements of YWWD.
Dames & Moore's Lead Consultant, Kim Marcus. and Project Manager, Carla Minor, will meet
with YWWD representatives to discuss the project scope, schedule, and deliverables. The overall
goals and objectives of the auditing program will be established. The meeting will include a
discussion of project requirements, specific environmental concerns identified during our site visit,
and setting of priorities. Development of an environmental management system to facilitate
continued compliance will also be discussed. Verbal lines of communication between Dames &
Moore's project team and YWWD will be established to provide effective and efficient
communication for the length of the project.
Task 2 - Review of Background Data and Pre -Audit Questionnaire
Once the audit program has been defined, Dames & Moore will begin to gather and review the
applicable background information. The principal vehicle for obtaining background information
is a pre -audit questionnaire. The Pre -Audit Questionnaire supplies information to auditors
through a series questions on environmental matters. It also requests copies of certain
background documents such as facility plans, training programs, process flow charts, and
environmental permits.
Dames & Moore will develop a Pre -Audit Questionnaire to address the specific environmental
program areas applicable to YWWD. The Pre -Audit Questionnaire will be provided to YWWD
for completion prior to scheduling the site visit. The Dames & Moore audit team will review the
completed questionnaire, and the relevant plans, programs and permits prior to conducting the
site visit portion of the audit.
Task 3 - Site Visit
Prior to conducting the site visit, a kick-off meeting and entrance interview will be held with
YWWD and Dames & Moore's audit team to discuss the site visit objectives, logistics, schedule,
and other relevant information. A site visit will be conducted by Dames & Moore auditors of
both facilities. The personnel selected for the site visit will be based on the technical and
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DAMES M OGRE
Yakima Wastewater Division
-
July 13, 1995
Page 6
regulatory requirements of each site-specific review. Facility operations and waste storage,
handling and disposal activities will be observed. Interviews with key facility management and
responsible personnel will be conducted to obtain accurate information related to facility
operations.
Facility documents will be reviewed during the site visit including but not limited to
environmental permits, waste manifests, environmental management plans, and annual reports.
Each of the plans listed in the introductory section of this proposal will be reviewed. Based on
conversations with YWWD, we have prioritized the plans and have selected five to begin
revising. The revision of these selected high priority plans programs will occur in Task 4.
Upon completion of the audit, a close out meeting will be held with YWWD to discuss
environmental issues where we believe that improvements could be instituted in order to be in
compliance with the regulations. In addition, Dames & Moore will assess the status of
environmental practices related to best management practices and the conformance with local.
state, and federal regulations and Division policies and procedures. Our goals in conducting our
audits are to be objective, thorough, systematic, accurate, and professional.
Task 4 - Additional Safety Plan/Program Review
Based on conversations with you we have prioritized the plans that will be addressed first. The
Priority 1 plans to be addressed include the:
1. Process Safety Plan,
2a. Safety Manual,
2b. Chlorine and Sulphur Dioxide Handling Plan,
3. Spill Prevention Control and Countermeasure Plan, and
4. Material Storage and Handling
5. Baseline Noise Level Survey
The Priority 2 plans to be reviewed are the:
6. Chemical Hygiene Plan for the Laboratory,
7. Exposure Control Plan,
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DANES(St
Yakima Wastewater Division
July 13, 1995
Page 7
8. Hazard Communication Program, and
As we discussed during our site visit, the Priority 3 plans/programs That will not be reviewed
include the:
9. National Pollution Discharge Elimination Program System (NPDES) and
10. Air Emission Plan.
During the audit these 8 priority 1 and 2 plans/programs will be reviewed, but only the Priority
1 plans/programs will be revised. After the review we will know how applicable the other plans
are and how extensive :night be the any revisions.
Task 5 - Preparation of Final Report
Following the onsite portion of the audit, Dames & Moore will prepare a Draft Report
documenting the audit objectives and scope, the steps taken to complete the audit, an evaluation
of facility compliance with applicable environmental regulations, and recommendations for
corrective actions, if necessary. The report will contain an assessment of the environmental
regulatory compliance issues that are applicable to the facility. The Priority 1 pians/programs
revisions will be presented in s.parate reports, as appropriate. The Draft Audit report and
Priority 1 plans/programs report will be presented in draft form for YWWDs comments. The
final fore (ie. separate pians, combined plans, in three ring binders, on CD ROM, etc.) of the
Priority 1 plans/programs will be discussed with YWWD prior to finalization. Upon receipt and
incorporation of YWWD's comments, we will provide two final paper copies of the audit report
and one copy on disk to YWWD.
SCHEDULE
Dames & Moore is prepared to begin work on this project upon receipt of signed authorization
to proceed. We anticipate the scoping meeting to be completed within one day. The Pre -Audit
Questionnaires should be completed within one week of the scoping meeting. Dames & Moore
is prepared to initiate a site visit within one week of receiving the completed Pre -Audit
Questionnaire. In most cases, it should be possible to provide the draft audit report within two
weeks of the site visit. The revised Priority 1 plans/programs will be provided within two weeks
of the draft audit report. The final report will be provided 5 to 7 working days after receipt of
comments. In the report we will detail the timing for the completion of the revision of the other
lower priority pians/programs revisions.
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h` DAMES & MOORE
Yakima Wastewater Division
July 13, 1995
Page 8
PROFESSIONAL FEES
Dames & Moore's cost estimate for performing the scope of work detailed in this proposal is
provided below in Table lA and 1B. The cost estimate for the Environmental Compliance Audit
is $17,000. Table 1B shows the estimated costs for revising each of the plans/programs listed
as Priority 1. The cost for performing the Priority 1 plans/program review and revisions is
estimated at $21,000. We will not exceed the budget estimate without review and approval by
YWWD. Costs categories by discipline and other selected cost discounts are provided in the
Attached Rate Schedule (Attachment A).
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. Dames & Moore expects to perform the scope of work on a time -and -materials with a
upper not -to -exceed cost basis in accordance with our standard Schedule of Charges and the
Agreement Between City of Yakima and Dames & Moore, Inc.
Thank you very much for the opportunity to provide you with this proposal. If you have any
questions, please call.
Very truly yours,
DAMES & MOORE, INC.
Kim L. Marcus
Principal, Geologist
Attachment A - Rate Schedule
Table 1A - Cost Estimate - Environmental Compliance Audit Program
Table 1B - Cost Estimate - Additional Safety Plan/Program Review
Schedule of Charges
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ATTACHMENT A
RATE SCHEDULE
The following is the Dames & Moore rate schedule for various categories of personnel who may
work on projects for the Yakima Wastewater Division.
Job Title Rate
Principal $135
Project Environmental Scientist $105
Project Manager $90
Project Toxicologist/Certified Industrial Hygienist $105
Project Engineer $80
Project Geologist/Hydrogeologist $75
Project Regulatory Specialist $75
Project Asbestos Designer $70
Staff Engineer $65
Staff Geologist/Hydrogeologist $65
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 (A2reement Between City of Yakima and Dames & Moore. Inc.).
TABLE 1A
COST ESTIMATE - ENv►RONMENTAL COMPLIANCE AUDIT PRCi6RAM
Task
Rate Hours
Total
Task Total
Task 1 - Scoping Meeting
Kim Marcus
135
4
$540
Carla Minor
90
8
$720
Dave Godlewski
75
8
$600
Travel and Expenses
$750
$2,610
Task 2 - Review of Background Data and Pre -Audit Questionaire
Craig Armstrong
105
8
$840
Carla Minor
90
8
$720
Dave Godlewski
75
8
$600
$2,160
Task 3 - Site Visit
Craig Armstrong
105
16
$1,680
Carla Minor
90
16
$1,440
Dave Godlewski
75
16
$1,200
Travel and Expenses
$800
$5,120
Task 4 - Report Preparation
Kim Marcus
135
4
$540
Melody Allen
105
4
$420
Craig Armstrong
105
28
$2,940
Carla Minor
90
16
$1,440
Dave Godlewski
75
16
$1,200
Support Staff
40
8
$250
Equipment, supplies, etc.
$320
$7,110
TOTAL PROJECT COST
$17,000
TABLE 1B
COST ESTIMATE - ADDITIONAL SAFETY PLAN/PROGRAM REVIEW
Task Rate Hours
Total
Task Total
Task 1 - Safety Meeting
Kim Marcus 135
2
$270
Craig Armstrong 105
24
$2,520
Staff Scientist 65
25
$1,625
Support Staff 40
8
$320
Equipment and Supplies
$300
$5,035
Task 2 - Safety Manual Revision
Kim Marcus 135
2
$270
Craig Armstrong 105
12
$1,260
Staff Scientist 65
20
$1,300
Support Staff 40
6
$240
Equipment and Supplies
$250
$3,320
Task 3 - Chlorine & Sulfur Dioxide Handling Plan Revision
Kim Marcus 135
2 '
$270
Craig Armstrong 105
10
$1,050
Carla Minor 90
4
$360
Staff Engineer 65
20
$1,300
Support Staff 40
6
$240
Equipment and Supplies
$200
$3,420
Task 4 - SPCC Plan Revision
Kim Marcus 135
6
$810
Carla Minor 90
4
$360
Staff Scientist 65
20
$1,300
Support Staff 40
6
$240
Equipment and Supplies
$250
$2,960
Task 5 - Material Storage and Handling Plan
Kim Marcus 135
2
$270
Carla Minor 90
8
$720
Staff Scientist 65
32
$2,080
Support Staff 40
8
$320
Equipment and Supplies
$350
$3,740
Task 6 - Baseline Noise Level Survey
Kim Marcus 135
1.5
$203
Craig Armstrong 105
5
$525
Staff Engineer 65
20
$1,300
Support Staff 40
4
$160
Equipment and Supplies
$337
$2,525
TOTAL PROJECT COST
$21,000
DAMES & MOORE
SCHEDULE OF CHARGES
UNITED STATES
The compensation to Dames & Moore for our professional services is based upon and measured by the following elements, which are com-
puted as set forth below.
1.0 PERSONNEL CHARGES
See Attachment A - Rate Schedule
2.0 EQUIPMENT CHARGES
2.1 Computer control of project costs will be billed at a rate of $1.25 per each $50 of job charges or fraction thereof.
2.2 Other Dames & Moore equipment, if used, will be billed at the rates noted in the proposal. Where not noted in the proposal, equipment will
be billed in accordance with the published rates in the current Dames & Moore Equipment Rate Catalog.
3.0 OTHER SERVICED AND SUPPLIES
3.1 Charges for services, equipment and facilities not furnished directly by Dames & Moore, and any unusual items of expense not customarily
incurred in our normal operations, are computed as follows:
3.1.1 Non -personnel costs, including attorneys' fees, incurred in responding to any subpoena or other judicial or governmental request for
documents or testimony in connection with the Scope of Services, without regard to any other limitation on compensation.
3.1.2 Tariff rates for telecommunications and delivery services.
3.1.3 Cost plus 10 percent for other shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and
rentals.
3.1.4 Cost plus 15 percent for surveying services, land drilling equipment, construction equipment, testing laboratories, contract labor.
3.1.5 Cost plus 25 percent for aircraft, watercraft, helicopter and marine drilling equipment and operation.
RESOLUTION NO. 195- i 4
A RESOLUTION authorizing the execution of an agreement for
professional engineering and consulting services between the City of Yakima,
a municipal corporation, and Dames and Moore Inc.
WHEREAS, the City of Yakima is responsible for the protection of the
environment and the safety of its employees and the public at the Yakima
Wastewater Facility
WHEREAS, several new State and Federal mandates including
regulations under the Occupational Safety and Health Administration, the
Environmental Protection Agency and several existing regulations require
the City to perform specific work tasks.
WHEREAS, the City is required to conduct an environmental
compliance audit and routinely maintain and develop numerous safety plans
in accordance with State and Federal mandates.
WHEREAS, Dames and Moore, Inc. has been selected to provide
professional consulting services in response to the need to secure current
safety plans and conduct an environmental compliance audit 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 THIS Stn day of Aust , 1995.
ATTEST:
ELYNN SKflvAI J
ACTING CITY CLERK
Sludge Resolution
7/20/95
CW
S / CLARE SCE C. BARJETT
MAYOR PRO TEM
C'er',; f 4 lo be a true and correct copy of Zh
e
c:.11g iia fled in my office.
CITY CLERK
Deputy
ti
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /'/_
For Meeting Of 8/12/95
Contract for proposal to provide Environmental Compliance Audit
and Safety Program Development for the Wastewater Division
Chris Waarvick, Wastewater Superintendent
Bruce Bates, Assistant Wastewater Superintendent
Glenn Rice, ACM
CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078
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 Environmental Compliance Audit and Safety Program Development for the
Wastewater Division. Consultants were asked to submit statements of qualifications after
being selected from the City of Yakima's official engineering services roster. Four consulting
firms were interviewed and toured the Yakima Wastewater facility. Dames and Moore was
selected based upon their qualifications, the interview process, and their statement of
qualifications. An "Environmental Compliance Audit" measures compliance with regulatory
safety standards and ensures provision of plans and activities to achieve or maintain
compliance in an ever increasingly complex regulatory environment.
...continued...
Resolution X Ordinance _Contract X Other (Specify)
Funding Source 476 Fund -- Comprehensive Planni
APPROVED FOR SUBMITTAL: 4e FA
Cit anager
STAFF RECOMMENDATION:
Approve resolution authorizing the City Manager to execute the accompanying contract for
Environmental Compliance Audit and Safety Program Development from Dames and Moore
of Spokane.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. R-95-114
process risk management
August 3, 1995 cw
While these services conceivably could include NPDES discharge permit compliance issues,
the scope of the work outlined in the accompanying contract does not address the traditional
water quality compliance issues.
Those issues have historically been handled by division staff with assistance from retained,
specialized legal counsel.
Experts predict that over 33,000 water and wastewater facilities using chlorine, sulfur dioxide,
and ammonia will be regulated under EPA's proposed risk management regulation to
prevent accidental chemical releases. The broad array of regulatory issues contained in this
contract is mandated by two standards. The first standard - a 1992 OSHA process safety
management (PSM) rule (29 CFR Part 1910) emphasizes management of hazards
associated with highly hazardous chemicals. Key compliance points under the OSHA PSM
rule include:
• Employee participation. Employers must develop a written plan describing how
they will involve employees in PSM elements and provide access to all PSM information.
• Process safety information. Employers must keep records of toxicity,
permissible exposure limits, physical data, reactivity data, corrosivity data, thermal and
chemical stability data, and numerous related information.
• Process hazard analyses. A "what if" analysis which predicts effects from
potential safety equipment failures.
• Operating procedures. A detailed operating procedure for each hazardous
process with regular updates for equipment or process changes.
• Training Program. All employees working with hazardous processes must be
thoroughy trained in process, safety, and emergency procedures.
• Contractors. Employers must inform contractors working near chemical
processes of all work hazards and of the emergency action plan.
• Pre -startup safety reviews. Must be performed on new or modified process
facilities to ensure equipment and construction meets design and safety standards.
• Mechanical integrity. Detailed maintenance procedures and documentation
must be maintained throughout the facility.
• Hot work permit. Employers must maintain a permit program for welding and
brazing activities near chemical processes.
• Management of change. Employers must maintain a program to prevent
incidents due to change in process equipment, technology, chemicals or procedures.
• Incident investigation. Employers must implement specific incident
investigation and documentation procedures.
• Emergency planning and response. Emergency action plans and training must
be implemented.
• Compliance safety audits. To be performed every three years to certify and
update compliance with this rule.
The second standard- the EPA risk management planning, (RMP), places special emphasis
on environmental risk outside the operating facility as opposed to that placed by OSHA on
catastrophic consequences within a plant. Three major risk management program
components will most likely affect the Yakima Wastewater facility. Those components
include; hazard assessment, prevention program, and an emergency response program.
The first task logically is to perform an environmental compliance audit and prepare a report
outlining acceptable performance and deficiencies. This Division recently received a
national safety award for nearly 300,000 hours free of lost time accidents. Maintaining this
level of performance requires an investment in review, oversight and training. The contract
process risk management
August 3, 1995 cw
specifies a negotiated scope of work and not to exceed cost of $38,000. The financial
support for this consultant contract will be from appropriated resources in the 476 Fund.
Historically, much of Wastewater's planning has been supported from the 476 Fund.
process risk management
August 3, 1995 ow