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HomeMy WebLinkAboutR-1995-161 Dames and Moore, Inc.• • • RESOLUTION NO. R 95 - 161 A RESOLUTION authorizing the execution of an amendment to .an agreement for professional engineering and consulting services between the City of Yakima, a municipal corporation and Dames and Moore, Inc. WHEREAS, the City owns and operates a public works facility whose size and nature requires that certain substances be generated, processed, or stored that create risks which must be identified and managed, WHEREAS, the City is responsible for the protection. of the environment and the safety of its employees and the public at the Public Works facility, WHEREAS, federal and State mandates, including regulations under the Occupational Safety and Health Administration, the Environmental Protection Agency and other regulations convey compliance responsibilities to the City, WHEREAS, the City is required to conduct an environmental compliance audit and routinely maintain and develop safety and contingency plans in accordance with federal and State law, WHEREAS, Dames and Moore, Inc has been selected to provide professional consulting services in response to the need to secure safety and contingency plans and conduct an environmental 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 as an addendum for professional consulting services with Dames and Moore, Inc for the City of Yakima. ADOPTED BY THE CITY COUNCIL this 21 day of November, 1995 0,a-tv 4n711 - ATTEST eche-w 2 City Clerk (jah)res/audit contract Dames & Moore Mayor November 17, 1995 Mr. Jerry Copeland Director City of Yakima Public Works Department 2301 Fruitvale Blvd. Yakima, Washington 98902 Revised Proposal Focused Environmental Compliance Audit City of Yakima Public Works Department Yakima, Washington Dear Mr. Copeland: Dames & Moore is pleased to present the following proposal for a Focused Environmental Compliance Audit of the City of Yakima Public Works Department facility located at 3201 Fruitvale Blvd. This proposal is being presented at the request of Mr. Donald Toney, Fleet Manager, of the City of Yakima and the proposed scope of work is based on Dames & Moore's observations of facility operations and our discussions with Mr. Toney and other involved facility personnel It is our understanding that Public Works Department (PWD) is requesting assistance in determining the environmental regulations applicable to PWD operations, assessing PWD's current compliance with the applicable requirements, and recommending corrective actions, if necessary, to bring facility operations into compliance with the environmental regulations determined to be applicable. In order to provide the assistance described above, Dames & Moore proposes to conduct a focused environmental audit of the PWD facility. 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 has extensive experience in conducting environmental audits at a wide variety of industrial facilities. Our project experience in performing environmental audits ranges from evaluating environmental compliance related to specific components of facility activities to comprehensive multimedia audits of facility wide operations. 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. OFFICE:, TORLDWIDI. Mr. Jerry Copeland City of Yakima November 17, 1995 Page 2 Based on our observations during our site visit and discussions with facility personnel, we have identified the following general environmental regulatory program areas potentially applicable to the PWD operations at your main facility: • Resource Conservation and Recovery Act (RCRA) Hazardous Waste Used Oil Solid Waste Underground Storage Tanks • Emergency Planning and Community Right to Know Act (EPCRA) - Emergency Planning and Notification - MSDS Inventory - Tier II Reporting - Faun R Reporting • Clean Air Act (CAA) Registration and Permitting New Source Perfoiniance Standards National Emission Standards for Hazardous Air Pollutants • Clean Water Act (CWA) - Spill Prevention Control and Countermeasures - Storm Water National Pollutant Discharge Elimination System • Toxic Substances Control Act (TSCA) - Polychlorinated Biphenyls - Asbestos Federal Insecticide, Rodenticide and Fungicide Act (FIFRA) Uniform Fire Code (UFC) Hazardous Materials Storage • Washington State Hazardous Waste Management Law (RCW 70.105) • Washington Dangerous Waste Regulations (WAC 173-303) Mr. Jerry Copeland City of Yakima November 17, 1995 Page 3 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; • Provide recommendations for corrective actions to address the identified issues of concern. To meet the objectives described above, Dames & Moore proposes the Scope of Services described in the following section. SCOPE OF SERVICES Our proposed technical approach is divided into three individual tasks. This proposed approach has proven successful on similar projects. Our technical approach includes the following tasks: Task 1: Review of Background Data and Pre -Audit Questionnaire Task 2: Site Visit Task 3: Preparation of Final Report Task 1 - Review of Background Data and Pre -Audit Questionnaire Dames & Moore will gather and review the applicable federal, state, and local regulations related to the environmental program areas to be audited. A copy of these regulations will be made available to the PWD upon request. Dames & Moore will prepare a Pre -Audit Questionnaire to address the specific environmental program areas applicable to the PWD. The Pre -Audit Questionnaire supplies information to auditors through a series of questions on environmental matters. It also requests copies of certain background documents such as facility plans, training programs, process flow charts, and environmental permits. The Pre -Audit Questionnaire will be provided to PWD for completion prior to scheduling the site visit portion of the audit. Dames & Moore will be available to answer questions and assist in questionnaire completion. The Dames & Moore audit team will review the completed questionnaire, relevant plans, programs and permits prior to conducting our site visit. Mr. Jerry Copeland City of Yakima November 17, 1995 Page 4 Task 2 - Site Visit Prior to conducting the site tour, a kick-off meeting will be held with the PWD personnel and the Dames & Moore audit team. Audit objectives, schedule, logistics and other relevant issues will be discussed. The onsite portions of our environmental compliance audits constitute a review of facility environmental management practices. The auditor will examine pertinent files and records, interview facility personnel, observe operations, and conduct a tour of the facility. Our goals in conducting our audits are to be objective, thorough, systematic, accurate, and professional. At the completion of the site visit portion of the audit, a close-out meeting will be held with PWD personnel to discuss preliminary audit findings. Task 3 - Report Preparation 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 Draft Report will be provided to the PWD for review and comment. Upon receipt and incorporation of PWD's comments, two final copies of the report will be provided to the PWD. SCHEDULE Dames & Moore is prepared to begin work on this project within two weeks of your signed authorization to proceed. Task 1 should be completed within two weeks of authorization. The site visit will be scheduled within two weeks of receipt of the completed pre -audit questionnaire and is expected to take two working days. In most cases, the draft report can be provided within three weeks of the site visit. The Final Report will be provided within one week of receipt and discussion of the PWD's comments. PROFESSIONAL FEES Dames & Moore anticipates performing the scope of services outlined in this proposal on a time - and -materials basis in accordance with our existing contract with the City of Yakima. A breakdown of our estimated professional fees for performing the above mentioned services is provided below: Mr. Jerry Copeland City of Yakima November 17, 1995 Page 5 PRELIMINARY PLANNING/PROJECT MANAGEMENT $ 600 TASK 1 - BACKGROUND REVIEW $1,340 TASK 2 - SITE VISIT $3,900 TASK 3 - REPORT PREPARATION $3,660 TOTAL ESTIMATED COST $9,500 A detailed cost estimate is included as an attachment to this proposal. We will not exceed the budget estimate without prior approval from the PWD and the City of Yakima. Our work will be performed, our findings obtained, and recommendations prepared in accordance with generally accepted environmental science and engineering practices at the time our work is done. TERMS AND CONDITIONS Dames & Moore anticipates performing the scope of services described in this proposal in accordance with the terms and conditions of our existing Agreement Between the City of Yakima, Washington and Dames & Moore, Inc. for Professional Services dated August 16, 1995 with the following modifications. Section 6.2.1 should read: 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 $1,000,000, 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. Section 6.3.2 omit in its entirety Section 6.4 omit in its entirety Mr. Jerry Copeland City of Yakima November 17, 1995 Page 6 Section 8.1 should read: All work products of the CONSULTANT are instruments or service of this PROJECT. Reuse, change or alteration 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. AUTHORIZATION Written authorization is necessary before we begin work. This can be accomplished by returning one of the enclosed proposals to us with your signed authorization either via U.S. mail, overnight delivery or by courier. Please retain one copy of the proposal for your records. Dames & Moore appreciates the opportunity to offer this service to the City of Yakima Public Works Department. Please do not hesitate to contact us at (503)228-7688 should you have questions regarding our proposal or if we can be of any further assistance. Sincerely, DAMES & MOORE, INC. Ci/'1 �� Carla C Minor Project Manager Regulatory Compliance and Permitting Kim L. Marcus Principal CCM.KLM•FNL 08299-005 Mr. Jerry Copeland City of Yakima November 17, 1995 Page 7 AUTHORIZATION CONFIRMATION The scope of services and contractual conditions as described in this proposal are acceptable and Dames & Moore, Inc. is authorized to proceed. Issuance of a purchase order and/or your signature in the block provided herein will be considered as authorization to proceed. However, the teiuis and conditions presented herein will govern this agreement. By ATTEST: Richard A. Zais, Jr., City Manager (Signature)* (Printed) CITY CLERK For City of Yakima (Company)* (Date) * Individual with authority and company responsible for payment for Dames & Moore's services. III WASHINGTON STATE DEPARTMENT OF ECOLOGY Dangerous Waste Regulations Chapter 173-303 WAC Publication No. 92-91 Amended January 1994 Printed on Recycled Paper CHAPTER 173-30 WAr � DANGEROUS WASTE REGULATIONS January 1994 Edition INTRODUCTORY REGULATIONS WAC 173-303-010 -016 -017 -020 -030 -040 -045 -050 -060 Purpose. Identifying solid waste. Recycling processes involving solid waste. Applicability. Abbreviations. Definitions. References to EPA's hazardous waste and permit regulations, Department of Ecology cleanup authority. Notification and identification numbers. DANGEROUS WASTE DESIGNATION WAC 173-303-070 -071 -072 -075 -080 -081 -082 -084 -090 -100 -101 -102 -103 -104 -110 Designation of dangerous waste. Excluded categories of waste. Procedures and bases for exempting and excluding wastes. Certification of designation. Dangerous waste lists. Discarded chemical products. Dangerous waste sources_ Reserved. Dangerous waste characteristics. Dangerous waste criteria. Reserved. Reserved. Reserved. Generic dangerous waste numbers. carnplinc 211(1 tectinv methn(lc GENERAL RECYCLING REQUIREMENTS WAC 173-303-120 Recycled, reclaimed, and recovered wastes. PROHIBITIONS AND RESTRIC"I IONS WAC 173-303-140 Land disposal restrictions. -141 Treatment, storage, or disposal of dangerous waste. spTLLS AND DIVISION DILUTION H .. IC 173-303-145 Spills and discharges into the environment. -150 Division, dilution, and accumulation. CONTAINERS WAC 173-303-106 Containers. -161 Overpacked containers (labpacks). GENERATOR REQUIREMENTS WAC 173-303-170 Requirements for generators of dangerous waste. -180 Manifest. Y -190 Preparing dangerous waste for transport. -200 Accumulating dangerous waste on-site. -201 Special accumulation standards. -202 Special requirements for generators of between two hundred twenty and two thousand two hundred pounds per month that accumulate waste in tanks. -210 Generator recordkeeping. -220 Generator reporting. -230 Special conditions. ..ANSPORTER REQUIREMENTS WAC 173-303-240 Requirements for transporters of dangerous waste. -250 Dangerous waste acceptance, transport, and delivery. -260 Transporter recordkeeping. -270 Discharges during transport. GENERAL TREATMENT. STORAGE. AND DISPOSAL FACILITY (TSDF) REOu:REN1ENTS WAC 173-303-280 General requirements for dangerous waste management facilities. -281 Notice of intent. -282 Siting criteria. -283 Performance standards. -290 Required notices. -300 General waste analysis. -310 Security. -320 General inspection. -330 Personnel training. -340 Preparedness and prevention. -350 Contingency plan and emergency procedures. -360 Emergencies. -370 Manifest system. -380 Facility recordkeeping. -390 Facility reporting. -395 Other general requirements. INTERIM STATUS TSDF STANDARDS WAC 173-303-4n0 Interim status facility standards. SPECIFIC RECYCLING REQUIREMENTS WAC 17R-303-500 Rec y1l1ng requirements for stute=vnay dangerous wastes. -505 Special= -requirements for recyclable materials used in a manner constituting disposal. =506 Special requirements for the recycling of spent CFC or HCFC refri gerantc -510 Special requirements for dangerous wastes burned for energy recovery. r, 5 Sp ci is for a l ;l bu ed for Prem recovery -3 1 0 ..7 c,..lc11 1 C'ti Ull C1111..111J fo used oil - -520 Special requirements for reclaiming spent lead acid battery wastes. Special - - a for rec matte mate ..1 utiiliz es ll for precious Jpecl6.1 requirements i�.�.y:.lui3iC lila ,..�:,.._ .s.. metal recovery. "SPECIAL WASTE" TSDF STANDARDS WAC 173-303-550 Special requirements for facilities managing special waste. -560 Minimum standards for facilities managing special waste. FINAL STATUS TSDF REOUIREMENTS WAC 173-303-600 -610 -620 -630 -640 -645 -646 -655 _66n -665 -670 -680 Final facility standards. Closure and postciosure. Financial requirements. Use and management of containers. Tank systems. Releases from regulated units. Corrective action. Surface impoun dmentc_ Land treatment. Waste piles Landfills. -- Incinerators. Miscellaneous units. EXTREMELY HAZARDOUS WASTE TSDF REQUIREMENTS AT HANFORD ., 173-303-700 Requirements for the Washington State extremely hazardous waste management facility at Hanford. PERMITS WAC 173-303-800 Permit requirements for dangerous waste management facilities. -801 Types of dangerous waste management facility permits. -802 Permits by rule. -804 Emergency permits. -805 Interim status permits. -806 Final facility permits. -807 Trial burns fot dangerous waste incinerator final facility permits. -808 Demonstrations for dangerous waste land treatment final facility permits. -809 Research, development, and demonstration permits. -810 General permit conditions. -830 Permit changes. -840 Procedures for decision making. APPEAL OF DECISION 173-303-845 Appeal of decision. PUBLIC INVOLVEMENT WAC 173-303-900 Public involvement and participation. -902 Citizen proponent negotiations. -905 Response to requests for public records. -910 Petitions. VIOLATIONS AND SPECIAL POWERS WAC 173-303-950 Violations and enforcement. -960 Special powers and authorities of the department. APPENDICES WAC 173-303-9903 Discarded chemical products list. -9904 Dangerous waste sources list. -9905 Dangerous waste constituents list. -9906 Toxic dangerous waste graph. -9907 Persistent dangerous waste graph. ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 i For Meeting of 11/21/55 Addendum to the Wastewater Process Risk Management Services Contract to Provide a Focused Environmental Compliance Audit of the Public Works Facility and Operations at 2301 Fruitvale Boulevard Jerry Copeland, Director of Public Works Don L. Toney, Fleet and Facilities Manager Richard Bowman, Captain, Yakima Fire Department CONTACT PERSON/TELEPHONE: Don L. Toney, Fleet and Facilities Manger / 576-6412 SUMMARY EXPLANATION: The staff respectively requests City Council approval of a Resolution authorizing the City Manager to execute the attached contract as an addendum to an existing contract which Dames and Moore has with the City for similar audit services performed at the City's Wastewater Treatment Facility. The specific purpose of the addendum is to provide a focused environmental compliance audit that will determine environmental regulations applicable to process and safety operations, current compliance with identified -applicable regulations, and recommending corrective actions to bring into compliance Jperations that may be found out of compliance conducted at the Public Works Facility site located at 2301 Fruitvale Boulevard. The result of the study is to provide a basis for developing City plans and operations that will achieve compliance with a broad array of mandated regulatory and safety standards overseen by various federal and State agencies (see attached table of contents of the Dangerous Waste Regulations, WAC 173-303). Some of our key objectives are to develop a written plan with employee involvement, set up proper record keeping, provide detailed operating procedures, provide a training program, specific incident investigation, emergency action plans, and maintain safety audit compliance. The cost given by the contractor for conducting an environmental compliance audit is $9,500. Resolution ,_ Ordinance Contract Other (Specify) Table of Contents Funding Source Environmental Fund APPROVED FOR SUBMITTAL: 4ch ity Manager STAFF RECOMMENDATION: Approve Resolution authorizing the City Manger to execute the accompanying contract addendum for environmental compliance audit services. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A COUNCIL ACTION: