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HomeMy WebLinkAboutShort Elliott Hendrickson Inc/EPA & RMP/PSM Audits CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: Mr. Thomas Henning Date: July 31, 2013 Short Elliott Hendrickson Inc. Subject: Executed Agreement 6808 Odana Road EPA & RMP/PSM Audits Suite 200 Madison, WI 53719-1137 Please find: ® Attached ❑ Under Separate Cover El Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes El Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested El For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the EPA and RMP/PSM audits. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Attorney's Office—Copy City Clerk's Office—Original cc: _ File—Original Signed: `4L Z. Ai 4 Tra s Taylor . I:\Engineering\Tracy Taylor\Steve Brand Agreements\SEH LOT-Executed Agreemnt-Audit Assist_7-31-13.docx AGREEMENT THIS AGREEMENT, made on the fifth day of June, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Short Elliott Hendrickson, Inc. at 809 North 8th Street, Suite 205, Sheboygan, Wisconsin, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. The CONSULTANT's Proposal are attached hereto and reflects the agreement of the parties except where they conflict with this Agreement, in which case this Agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: Thomas Henning, PE — Senior Professional Engineer B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this Agreement: Name — Stephan M. Brand, Public Works Utility Bureau Manger ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. 2/21/12 Page 1 of 4 All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall be provided to the CITY upon payment therefore. ARTICLE IV. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City records. CONSULTANT has the right to reasonably rely on such information. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this Agreement shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with customary professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Consultant's Proposal In the event that any provision in any of the above component parts of this Agreement conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. 2/21/12 Page 2 of 4 ARTICLE VII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $14,000 (Fourteen Thousand Dollars). • Attached fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this Agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands of third parties to the extent proximately caused by negligent acts of the CONSULTANT, his agents or assigns, his employees, or his subcontractors related however remotely to the performance of this Agreement, and shall indemnify or refund to the CITY CONSULTANT's proportionate share of such sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay. ARTICLE IV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the CITY shall have the right to terminate this Agreement by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any work performed in accordance with Article V to 2/21/12 Page 3 of 4 the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONSULTANT By: /.-Si1l�i_.r' C /l f'',I1 G/Pp I / , L (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH y / i ( itne * Mark . Rohloff, City Manager i 1,� yy��! T � " _7(_. .--.' � And: ��.__.� L _��`n ) '� 1. ' 'IA'_ -ss) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions e.0 have been made to pay the liability which which will accrue under this Agreement. ,&.,i. t 4.,_ [k LLA�.i11 City Attorn-y c tea,/ ,.2 CiyCom t � Ir 2/21/12 Page 4 of 4 SEH Building a Better World for All of Us`" June 7,2013 RE: City of Oshkosh Professional Services Related to Risk Management Plans at the Water and Wastewater Plants SEH No. P-OSHKO 124708 10.00 Steve Brand City of Oshkosh 233 N. Campbell Road Oshkosh, WI 54902-3488 Dear Mr.Brand: Short Elliott Hendrickson Inc. (SEH®)is pleased to present this proposal to assist the City of Oshkosh in complying with the U.S. Environmental Protection Agency's(EPA)Risk Management Plan(RMP)and the Occupational Safety and Health Administration(OSHA)Process Safety Management(PSM)program rules. The RMP/PSM program require facilities that store certain hazardous chemicals, in amounts greater than threshold quantities,to prepare an RMP and/or a PSM. The City of Oshkosh operates a wastewater treatment plant(WWTP)where chlorine is used to provide disinfection. The City uses chlorine and ammonia at the water plant(WTP)for disinfection. These chemicals are stored in quantities that exceed their respective applicability thresholds of the RMP/PSM rules. Therefore,the City of Oshkosh prepared an RMP and PSM in accordance with 40 CPR 68 and 29 CPR 1910.119 for each plant and submitted electronic summaries of the plans to EPA. The RMP/PSM plans were last updated in July 2009. The RMP/PSM requires a compliance audit every three years to verify that the procedures and practices of the program are adequate and being followed. Since the latest RMP audit was conducted in 2010, a compliance audit must be completed by 2013. In addition,EPA is scheduled to conduct an audit of the RMP program at the WTP on June 10,2013. The City is also requesting SEH's assistance to prepare for the audit,to participate in the audit,and to provide assistance in follow-up activities from the audit. Scope of Services TASK 1—EPA Compliance Audit SEH provide assistance to the City of Oshkosh related to the EPA audit scheduled for June 10, 2013. This task includes a pre-audit meeting conducted by Tom Henning on June 5,2013 at the WTP. SEH will also participate in the EPA audit and help the City prepare follow-up documentation after the audit. TASK 2—RMP/PSM Program Audit at the Wastewater Treatment Plant Task 2A—Collect Information An SEH employee familiar with the audit process will communicate with a WWTP employee from the City of Oshkosh to discuss whether any changes,additions,or deletions have occurred since the July 2009 RMP Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc.,6808 Odana Road,Suite 200,Madison,WI 53719-1137 SEH is an equal opportunity employer www.sehinc.com 608.620.6199 I 800.732.4362 I 888.908.8166 fax City of Oshkosh June 7,2013 Page 2 update. In addition,an SEH employee will need to review the RMP/PSM Program and all required RMP/PSM supporting documentation. Task 2B—Walk-through of Covered Process Areas A walk-through and inspection of the covered processes(chlorine storage and handling processes)and areas along with interviews of personnel will be conducted. The audit will include a questionnaire designed to elicit a"yes/no"response from the audit team.All items determined to be deficient(typically a"no"response)will be listed as a finding in the audit report. Task 2C—Document Audit Findings After the audit team has reviewed all pertinent records,interviewed facility personnel,and conducted the walk- through,the team will review notes.Guidance documents prepared by OSHA,EPA,and the American Water Works Association(AWWA)will be used to complete the Compliance Audits of the WWTP RMP/PSM programs. The audit team will consist of at least two members.At least one member of the team will be familiar with the facility processes, and at least one member will be familiar with the audit process and will be independent of the facility. Deficient items will be considered and the reason for the deficiency identified along with potential corrective actions. SEH will then prepare an audit report documenting all findings, recommended corrective actions,and target corrective action completion dates. TASK 3—RMP/PSM Program Audit at the Water Treatment Plant Task 3A—Collect Information An SEH employee familiar with the audit process will communicate with a WTP employee from the City of Oshkosh to discuss whether any changes,additions, or deletions have occurred since the July 2009 RMP update. In addition,an SEH employee will need to review the RMP/PSM Program and all required RMP/PSM supporting documentation. Task 3B—Walk-through of Covered Process Areas A walk-through and inspection of the covered processes(chlorine and ammonia storage and handling processes)and areas along with interviews of personnel will be conducted. The audit will include a questionnaire designed to elicit a"yes/no"response from the audit team.All items determined to be deficient (typically a"no"response)will be listed as a finding in the audit report. Task 3C—Document Audit Findings After the audit team has reviewed all pertinent records,interviewed facility personnel,and conducted the walk- through,the team will review notes. Guidance documents prepared by OSHA,EPA,and the American Water Works Association(AWWA)will be used to complete the Compliance Audits of the WWTP RMP/PSM programs.The audit team will consist of at least two members.At least one member of the team will be familiar with the facility processes,and at least one member will be familiar with the audit process and will be independent of the facility. Deficient items will be considered and the reason for the deficiency identified along with potential corrective actions. SEH will then prepare an audit report documenting all findings, recommended corrective actions,and target corrective action completion dates. Authorization, Estimated Cost and Schedule This project will be completed under the terms and conditions of the professional services agreement between the City of Oshkosh and SEH. SEH will execute this scope of services on a time and materials basis using our current standard billing rates. We recommend the City budget the following amounts for this scope of services: City of Oshkosh June 7,2013 Page 3 Task Description Estimated Cost 1 EPA Compliance Audit $6,000 2 RMP/PSM Program Audit at the $3,800 Wastewater Treatment Plant 3 RMP/PSM Program Audit at the $4,200 Water Treatment Plant Total= $14,000 We have prepared our scope of work and estimated costs assuming easy access to RMP/PSM support documentation and assistance of Oshkosh personnel familiar with systems,processes,and materials at the plants will help control cost of the work. In the process of developing our cost estimates,we have made assumptions about the level of supporting documentation available.If a significant change in our scope of services or in the effort required to complete an above-listed task is determined necessary,SEH will speak with the City to discuss options to complete the scope of work described above. SEH is prepared to initiate this project upon receipt of written authorization. The WTP audit site visit and walk-through is currently scheduled for June 13,2013.We are prepared to conduct the site visit at the WWTP on the same day. SEH expects to provide draft audit reports to the City of Oshkosh within five weeks of conducting the site visit. SEH will provide one copy of the draft RMP/PSM Compliance Audit reports for your review and two copies of the final reports including recommendations. If this letter contract satisfactorily sets forth your understanding of our agreement,please sign both copies of in the space provided below,keep one copy for your records,and return one copy to us. If you have any questions,please feel free to contact me at 920.287.0677. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Thomas A. Henning,PE,CHMM Senior Professional Engineer TAH/GGC p:lkololoshko\common loshko 124708 rap psm 2013 update\oshko 124708 rmp psm update proposal letter.docx Accepted by City of Oshkosh By: Date: Authorized Client Signature 12/21/11 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products—completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this prolect/location 3. BUSINESS AUTOMOBILE COVERAGE A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol#1 -"Any Auto"—including Owned, Non-Owned and Hired Automobile Liability. III - 1 12/21/11 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY—"If' required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease— Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of$2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of$10,000. 6. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on the General Liability and Business Automobile Liability coverage arising out of project work...City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must include Products — Completed Operations equivalent to ISO form CG 20 37 for a minimum of 2 years after acceptance of the work. This does not apply to Professional Liability, Workers Compensation and Employers Liability. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. III - 2 �1 DATE(MMlDDPNY) `'t` ° R CERTIFICATE OF LIABILITY INSURANCE • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Insurance Agency contact NAME: information,including street PHONE • Insurance Agent's FAX address and PO Box if contact information. A/C.No: A/C.No.Ext: � ) applicable. E-MAIL , ADDRESS: --- INSUREIRSJAFFORDING COVERAGE NAIC# INSURER A: ABC Insurance Company_--- NAIC# INSURED Insured's contact information, including name,address and INSURER B: XYZ Insurance COrr�ar ---- NAIC# phone number. INSURER C: LMN Insurance Company —____ NAIC# INSURER 0: Insurer(s)must have a minimum A.M.Best rating of A- -------- ---- and a Financial Performance Rating of VI or better. -'- .- INSURER E: ____ _ _.— _- --_ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AMY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . INSR I ADDL l SUER POLICY EFF: PLICY O EXP : LTR TYPE OF INSURANCE I INSR I WVD I POLICY NUMBER I (MMIDDIYYY) I (MMIDD!YYY) I LIMITS GENERAL LIABILITY • I EACH OCCURRENCE { $1,000,000 — General Liability Policy Number I Policy effective and expiration date. ;PREMI E TO(RENTED ®!COMMERCIAL GENERAL LIABILITY ® ❑ I, .1-DATA-AGE PREMISES(Ea occurrence) I $50,000 • A j❑CLAIMS-MADE!®OCCUR . • • MED EXP(Any one person) I $5,000 • • _® ISO FORM CG 20 37 OR EQUIVALENT PERSONAL&ADV INJURY 1 $1,000,000 • • ❑j :GENERAL AGGREGATE I $2,000,000• • GEN'L AGGREGATE LIMIT APPLIES PER: :.PRODUCTS-COMP/OP AGG _ 2,000,000 PRO-❑'POLICY f®JECT❑LOC $• • AUTOMOBILE LIABILITY :COMBINED SINGLE LIMIT CEa accident) ---_ $1,000,000 • ®I ANY AUTO ® ❑ Auto Liability Policy Number 1 Policy effective and expiration date. BODILY INJURY(Per person) ! $ ALL OWNED SCHEDULED B ❑:AUTOS ❑ AUTOS BODILY INJURY(Per acddent) I $ PROPERTY DAMAGE ❑HIRED AUTOS ❑ AUUTOSWNED j(Per accident) I $ • •• ❑I ❑ $ • Eli UMBRELLA LIAB I®(OCCUR ® ❑ BEACH OCCURRENCE ? $2,000,000 • A ❑i EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 _❑_ __ 'Umbrella Liability Policy Number I Policy effective and expiraton date. ❑DED ,®RETENTION$$10,000 • $ C COMPENSATION El ❑ ® ❑ O AND EMPLOYERS'LIABILITY :TORY LIM TS ER ANY PROPRIETOR/PARTNER/EXECUTIVE _ OFFICE/MEMBER EXCLUDED? Y!N Workers Compensation Policy Policy effective and expiration date. !EL.EACH ACCIDENT ` $100,000 (Mandatory In NH) N Number If yes,describe under IE.L.DISEASE-EAEMPLOYEEI $100,000 DESCRIPTION OF OPERATIONS below . :EL.DISEASE-POLICY LIMIT $500,000 A PROFESSIONAL LIABILITY ® ❑ $1,000,000 EACH CLAIM Professional Liability Policy Policy effective and expiration date. 1$1,000,000 ANNUAL AGGREGATE Number DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Additional Insureds on the Commercial General Liability and Automobile Liability arising out of project work shall be City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard III SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD