HomeMy WebLinkAbout10. 16-228MAY 10, 2016 16-228 RESOLUTION
(CARRIED___7-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE CONTRACT WITH WISCONSIN DEPARTMENT OF
AGRICULTURE, TRADE & CONSUMER PROTECTION (DATCP)
FOR PETROLEUM TANK INSPECTIONS
INITIATED BY: FIRE DEPARTMENT
WHEREAS, the City of Oshkosh has previously been contracted by the State of
Wisconsin to conduct petroleum storage tank inspections; and
WHEREAS, oversite of the petroleum tank inspection program has been transferred
to the Department of Agriculture, Trade and Consumer Protection and it is therefore
necessary to enter into a new agreement with this agency for continued inspections; and
WHEREAS, the City of Oshkosh is fully compensated for its costs related to the
inspections and is able to provide the services requested assuring that new and existing
facilities are properly inspected, safe and code compliant.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are authorized to enter into and implement an
Agreement with the Wisconsin Department of Agriculture, Trade & Consumer Protection
for the purpose of providing services pertaining to inspections for the installation, closure,
tightness testing, cathodic protection testing, or repair of underground storage tanks or
above ground storage tanks and such other services as indicated in the attached
Agreement, any changes in the execution copy being deemed approved by their respective
signatures, and said City officials are authorized and directed to take those steps
necessary to implement the terms and conditions of the Agreement.
BE IT FURTHER RESOLVED that the appropriate City officials are hereby
authorized to enter into extensions or further renewal Agreements for substantially the
same services as provided under the attached agreement provided that the costs of the
City are fully compensated.
["I
FROM:
DATE:
RE:
BACKGROUND
Citof�
Oshkosh
Honorable Mayor and Members of the Common Council
Tim Franz, Fire Chief
May 4, 2016
Contract with State of Wisconsin for Petroleum Tank Inspection
The fire department has been contracted by the State to inspect petroleum storage tanks
for greater than 20 years. The inspections involve installation of new tanks and
dispensing systems as well as annual maintenance inspections. This contract is up for
renewal and the oversite of the program has been transferred to the Department of
Agriculture, Trade and Consumer Protection (DATCP)
ANALYSIS
We have been providing this service through our prevention division and we have
adequate staffmg to continue to do so. By providing this service directly we are assured
that that new and existing facilities are safe and code compliant
FISCAL IMPACT
The State has a set fee schedule for these services and inspections. We are paid through
the state for each inspection provided which does cover our cost of providing the service.
The fees for 2016 are estimated at $9,500.00.
RECOMMENDATION
I recommend that the City approve the contract to provide petroleum tanks inspections
services with the Wisconsin DATCP. This will ensure our ability to cover the cost of
enforcing fire prevention and environmental protection codes for the continued safety of
our residents.
Respectfully Sub ' ed,
Timothy Franz
Fire Chief
Approved:
City Manager
Mark Rohloff
City Manager Mark A. Rohloff
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903 -1130 920.236.5002 http: / /www.ci.oshkosh.wi.us
Wisconsin Administrative Code Chapter ATCP 93
Local Program Operator Contract
Between
Wisconsin Department of Agriculture, Trade, and Consumer Protection
And
Oshkosh Fire Dept.
THIS CONTRACT is made and entered into by and between the Wisconsin Department of
Agriculture, Trade and Consumer Protection, hereinafter "the Department," and Oshkosh Fire
Dept., hereinafter "the Contractor."
WHEREAS, the Department deems it advisable to engage the professional services of the
Contractor to carry out Departmental responsibility pursuant to Wis. Stat. S. 168.25 and Wis.
Admin. Code s. ATCP 93.110 as an agent of the Department and, it appears that such
services can be performed more economically and efficiently under a Contract, to accomplish
the requirements of the Department;
WHEREAS, the Contractor has advised the Department of its willingness and professional
capability to provide professional service to the Department;
NOW, THEREFORE, in consideration of their mutual and dependent promises, the parties
hereto, agree as set forth in the following pages 3 through 15.
This Contract is effective on the date signed by the Assistant Deputy Secretary of the
Department.
AUTHORITY TO SIGN DOCUMENT. If this Contract is being entered into by a legal entity,
such as a corporation, limited liability company, or municipality, the person(s) signing this
Contract for the Contractor certify and attest that the Contractor's respective Articles of
Incorporation, Articles of Organization, Charter, Corporate By Laws, Corporate or other
Resolutions and/or other related documents give full and complete authority to bind the
Contractor, on whose behalf they are executing this document.
Wisconsin Department of Agriculture, Trade
and Consumer Protection
By:
Sandy Chalmers, Assistant Deputy Secretary
Date:
By:
Print dame & Title of Individual with Authority to
Contract on Behalf of Legal Entity
Date:
Page 1 of 15
Address for Payments Under Contract
Name:
Street:
City/ZIP:
Tax 1D Number: (FEIN #)
Page 2 of 15
I, GENERAL
A. Services Standards. The Contractor will provide the services hereinafter set forth in
accordance with the best professional standards. During the term of this Contract the
Contractor (including individual officers, directors or employees) shall not engage in any
business regulated by the Wis. Admin. Code ch. ATCP 93 including, but not limited to:
installation, closure, tightness testing, cathodic protection testing, or repair of Underground
Storage Tank (UST) or Above Ground Storage Tank (AST) systems.
B. Subletting or Assignment of Contract. The Contractor may not sublet, sub- contract or
assign to others any part of the work under this Contract. The Department may authorize
in writing a temporary sub - contract or assignment at the request of the Contractor.
C. Employment, The Contractor may assign duties to be performed under this Contract to any
employees employed by the Contractor, provided the employee is certified by the
Department and has experience and knowledge of the subject and capability to adequately
perform the services required under this Contract.
D. Term of the Contract. The contract period will be from July 1, 2016 through June 30, 2020.
NOTE: Performance of Service — although the contract may be awarded after the
beginning of the state fiscal year (FY), the Contractor is obligated and agrees to conduct all
UST and AST inspections required within the fiscal year period.
E. Nondiscrimination in Employment. Chapter 16.765 of the Wisconsin Statutes requires the
following provision to be included in every Contract executed by agencies of the State.
The Contractor agrees to the provisions as stated below:
In connection with the performance of work under this contract, the contractor
agrees not to discriminate against any employee or applicant for employment
because of age, race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s. 51.01 (5), sexual orientation or national
origin. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. Except with respect to sexual
orientation, the contractor further agrees to take affirmative action to ensure
equal employment opportunities. The contractor agrees to post in conspicuous
places, available for employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of the
nondiscrimination clause
F. Certification_ of Affirmative Action Contract Compliance. The State of Wisconsin requires
that successful Contractors, who are awarded Contracts of $25,000 or more and have an
annual work force of 25 or more employees, include the following clause in their Contract:
Within 15 days of the commencement of the Contract, an affirmative action plan will be
submitted to the State Office of Contract Compliance, Department of Administration,
P.O. Box 7867, Madison, Wisconsin 537077867.
Contractors are encouraged to contact the Office of Contract Assistance for technical
assistance in complying with this contract requirement. An affirmative action plan is a
written document that details an affirmative action program. Key parts of an affirmative
Page 3 of 15
action plan are: 1) a policy statement pledging nondiscrimination and affirmative action
employment, 2) internal and external equal opportunity officer, 3) a work force analysis that
identifies disabled employees, 4) goals and timetables that are specific and measurable
and that are set to correct deficiencies and to reach a balance of work force, 5) revision of
all employment practices to ensure that they do not have discriminatory effects, and 6)
establishment of internal monitoring and reporting systems to measure progress regularly.
G. Disclosure. If a state public official (Section 19.42, Stats.) or an organization in which a
state public official holds at least a 10% interest is a party to this Contract, this Contract is
voidable by the Department unless appropriate disclosure is made to the State of
Wisconsin Ethics Board, 125 South Webster Street, Madison, Wisconsin 53702,
(Telephone: (608) 266 -8123) or successor entity.
H. Legal Relations.
(1) The Contractor will at all times comply with and observe all federal and state laws,
local laws, ordinances, and regulations which are in effect during the period of this
Contract and which in any manner affect the work or its conduct.
(2) The Department will be responsible for the enforcement of compliance orders
beyond the administrative stage. The Contractor shall conduct inspections, issue
correction notices and compliance orders, affix red tags, and take any other
appropriate administrative steps to obtain compliance within time frames acceptable
to the Department. When compliance has not occurred at the conclusion of these
administrative steps, the Contractor shall immediately notify the Department and
furnish any documents requested by the Department to enable .it to pursue
enforcement. The Contractor agrees to make its employees and records available
to the Department, a district attorney or the Attorney General's Office in connection
with any actions to enforce a Department order.
(3) The Contractor shall immediately notify the Department of any claim or lawsuit filed
against the Contractor that relates to its activities under this Contract. In
performing this Contract, the Contractor shall be regarded as an agent of the state
under Wis. Stat. ss. 893.82 and 895.46, and a deputy of the Department under
Wis. Admin. Code s. ATCP 93.050(13). The Contractor is not an employee of the
Department and no employee --- employer relationship exists in any form
whatsoever.
(4) If the Contractor is not a unit of government, a fire department organized under Ch.
181, Stats., or a fire department organized under Ch. 213, Stats., the Contractor
must obtain errors and omissions insurance for the term of this Contract, in the
amount of at least $250,000, and furnish a certificate of insurance to the
Department within thirty (30) days of the effective date of this contract.
1. Contract Administration. Liaison with the Department will be through the Chief of the
Storage Tank Regulation Section.
Liaison. The Contractor will supply the name of one person to act as liaison to the
Department. This person shall have sole authority for the Contractor in regards to the
program. All correspondence and coordination will be done through the liaison.
K. Termination of Contract. The Department may terminate this Contract at any time at its
sole discretion with or without cause by delivering written notice to the Contractor. The
Page 4 of 15
Contract will be terminated 30 days after written notice of intent to terminate the Contract is
sent to the Contractor.
L. Department's Rights if Contractor t=ails to Perform. If the Department determines that the
Contractor is not meeting performance obligations, or has used funds for purposes other
than the activities specifically authorized in the Contract, the Contractor shall repay any
unearned or misused funds, as determined by the Department, to the Department within
thirty (30) calendar days after notice of such determination, and request for repayment,
together with related administrative costs, interest at the annual rate of current prime, court
costs and attorneys' fees required by the Department to retrieve said funds.
This Contract is subject to the availability of funds to the Department and may be
terminated upon written notice that funds are not available. Termination will occur 30 days
after notification is sent. Termination will require written notice to be sent to the Contractor
by the Department.
If the Contractor fails to perform any of its obligations hereunder, the Department may
intervene and protect its rights and interests. Upon the Department's request, the
Contractor shall execute and deliver an assignment and any other legal .documents that
may be required by the Department to facilitate its pursuit or intervention in such
negotiations or litigation.
The Contractor may terminate the Contract by refusal to accept proposed modifications to
the Contract (see paragraph R) or an election not to continue to perform the services, with
30 days written notice. The Contractor must deliver all records to the Department within 60
days of notification or termination.
M. Liability upon Termination,. Upon the termination of this Contract, the Department's liability
to the Contractor shall be limited to the total of: (1) the percentage of the total funds
allocated for federally registered tanks which corresponds to the ratio between the actual
time period of the Contract and the original term of the Contract; (2) payments due for
tanks other than federally registered tanks; and (3) payments due for installation
inspections performed for tank systems other than tanks registered to the federal
government; (4) less any unearned or misused funds or consequential damages caused by
the contractor's errors or omissions for which the Department is or may become liable.
N. Proprietorship. The materials and information developed under this Contract shall be the
property of the Department. All information, files, records and documents in the
possession of the contractor necessary to carryout obligations of this contract (included but
not limited to: inspection checklists, plan review applications and approval letters, non-
compliance orders, etc.) are the property of the Department.
O. Examination of Records. The Contractor agrees that the Department of Agriculture, Trade,
and Consumer Protection will have access to and the right to examine, audit, excerpt and
transcribe any directly pertinent books, documents, papers and records of the Contractor,
involving transactions relating to this Contract. Such material will be retained for three
years by the Contractor following completion of the Contract.
P. Continuance of Contract. Continuance of this Contract beyond the limits of funds available
shall be contingent upon appropriation of the necessary funds, and the termination of the
Contract for lack of appropriations shall be without penalty.
Page 5 of 15
Q. Confidentiality. The Contractor warrants that it will retain all information belonging to the
Department in strictest confidence and will neither use it nor disclose it to anyone without
the express written consent of the Department. The Contractor also agrees to hold the
Department harmless for the Contractor's disclosure of confidential information.
R. Disclaimer of Liability and Hold Harmless Provision. Neither the Department, nor any of its
officers or employees shall be held liable for any improper or illegal intentional, negligent
incorrect performance of the Contract by the Contractor. The Contractor further AGREES
TO INDEMNIFY AND HOLD HARMLESS the Department and all of its employees from
any loss, liability, costs (including court costs) and attorneys' fees, for any direct, indirect,
incidental, special, exemplary, or consequential damages (including, but not limited to,
procurement of services, loss of profits or business interruption) however caused and on
any theory of liability, whether in contract, strict liability, or tort (including negligence or
otherwise) arising in any way out of the performance and/or non - performance of the
Contract by the Contractor.
S. Contract Modifications. This Contract may be modified in whole or in part by the
Department at any time upon not less than 15 working days written notice to the
Contractor. In the event of such modification by the Department, the Contractor must
accept or reject the modifications during the thirty- (30) day following the date of the written
notice. In the event of rejection of modifications, either party may exercise its rights to
terminate the Contract.
T. Inspection Contracts with Other Fire Districts. If a Contractor wishes to provide new LPO
inspection services for another fire district municipality, a copy of an agreement signed by
the chief elected municipal officer for that fire district as required by ATCP 93.110 shall be
provided to the department.
II. SCOPE OF SERVICE
A. The Contractor will perform, as specified by the Department, the environmental protection
and fire /property /human safety provisions of Wis. Admin. Code Ch. ATCP 93 Flammable,
Combustible, and Hazardous Liquids. As its primary duties in implementing the
environmental and fire safety provisions of Wis. Admin. Code Ch. ATCP 93 the contractor
shall:
Perform plan review and approval for tank systems under the scope of Wis. Admin.
Code s. ATCP 93.100 for facilities with all tanks of less than 5,000 gallons.
Approve /disapprove the plans, which are submitted, based upon the criteria
established in Wis. Admin. Code Ch. ATCP 93.
2. Perform AST and UST installation inspections for tank systems whose plans have
been reviewed at the Department or LPO level, submitting the proper
documentation, and providing the Department retail program notification.
a) Submit a copy of the installation checklist to the Department.
b) Notify the respective Bureau of Weights and Measures Field Operations
inspector when final inspection has been conducted on installation or upgrade
at retail sites.
Note: UST systems have a minimum of three on -site inspection points: 1) Pre -
installation scope and planning, 2) Tank and pipe pressure test, and 3) Pre-
operational installation verification.
Page 6 of 15
3. Perform the annual inspection of underground tanks for compliance with leak
detection, release prevention, functional operation and maintenance established in
Wis. Admin. Code Ch. ATCP 93 as directed by the Department for:
+ "In Use" and "Temporarily-Out-of-Service" federally regulated tank systems,
+ "In Use" heating oil USTs with capacity greater than 4,000 gallons,
and designated registered "in Use" aboveground tank systems for compliance with
leak detection, release prevention, operation and maintenance established in ATCP
93 as directed by the Department for:
+ non agricultural /non private /non retail aboveground storage tank used for
vehicle fueling,
+ aboveground storage tank of occupancy types: "utility, industrial,
mercantile /commercial, designated government owned fleet, and schools,
+ Contents include: Diesel, Leaded Gasoline, Unleaded Gasoline, Kerosene, Fuel
Oil, Aviation Fuel, Gasohol„ Premix, Unknown, Hazardous Waste, and Chemical
(CERCLA List liquids in ASTs 5,000 gallon capacity and larger) registered tank
systems.
4, Conduct site inspections when necessary to verify the status or existence of
"Abandoned" tanks in the process to bring tank closure or to assist the Department
in resolving database and permit related issues.
5. Provide technical advice and information to tank system owners and operators.
6. Conduct necessary program administration, including filing and reporting.
7. Conduct activities with local contractors and operators during hours that provide an
efficient and effective program response.
8. Conduct UST closure inspections.
NOTE: For additional information regarding installation and closure inspections refer to
Inspection Guidelines.
B. In carrying out the duties of the Contract, the Contractor shall:
1. Have a sufficient number of certified inspector(s) who have successfully completed
the Department's required training and certification in order to carry out the
assigned program duties under this Contract.
2. Maintain program records to document inspections and provide data to the
Department's tank database. Providing program reports on compliance rates,
outstanding orders and program performance.
a) Submit installation inspection checklists to the Department to record inspections
and to trigger payment for installation inspection.
b) Maintain inspection records and data on violations identified, orders written and
orders satisfied via the state inspection software program.
c) Ensure that tank inventory forms are submitted to the Department by the owner
for new installations, closures or changes in ownership identified during
inspections.
d) Provide program support for correction of database errors, information
deficiencies, etc., by investigating and researching local records, history, etc.
3. Provide accurate program and technical information to local residents, tank system
owners and other interested parties. Represent the Department with
professionalism and courtesy in all communications and actions.
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4. Have a combustible gas indicator for monitoring for flammable vapors during
inspections and closures.
5. Consult with Department staff on questions of program interpretation. Follow
Department program direction and interpretation. Any disagreement regarding
program interpretation shall be resolved by the Department, whose interpretation is
final and conclusive.
6. Provide the Department with performance information or statistics as deemed
necessary by the Department.
7. Provide the Department with monthly site inspection and compliance performance
reports by the 5 t of the following month via the state inspection software program.
The site reports shall include:
a) Identification and data entry of specific non - compliance issues.
b) Data entry if a Red - tag(s) is administered_
c) Date entry that non - compliance orders were brought into compliance or
resolution.
d) Tank attribute data change /entry as database access and program direction is
provided.
NOTE: Contractor is not required to perform annual or maintenance inspections
of tank systems at facilities which are visited by staff of the Bureau of Weights
and Measures Field Operations. These tank systems will be inspected as part of
the petroleum inspection effort.
8. Issue initial orders and follow -up actions for tank system closures required by Wis.
Admin. Code Ch. ATCP 93 unless it is mutually agreed that the order should be
written by one of the Department's staff members. Maintain documentation of all
inspections and orders, including, re- inspections to determine compliance with
orders.
9. Receive original contractor closure notices. Provide approvals of closures in place
if warranted by specific site conditions. Perform inspections at the closure of
underground tank systems or as directed by the Department or local municipal
ordinance or policy.
10. Issue enforcement orders and perform follow -up actions or investigations on
violations of Wis. Admin, Code Ch. ATCP 93's groundwater protection and fire
safety provisions, which are identified through: inspections, the plan review process,
permit and registration processing, public inquiry or notice, etc. Maintain
documentation of all inspections and orders, including, re- inspections to determine
compliance with orders.
11. Assure compliance with all applicable statutes and codes relating to workplace
safety for Contractor's employees. The Department PROHIBITS CONFINED
SPACE ENTRY WHEN PERFORMING ANY WORK UNDER THE
REQUIREMENTS OF THIS CONTRACT.
C. Deputy Status and Limits on Deputy Status. For the limited purposes of carrying out the
inspection, enforcement and technical assistance functions in this section, the Contractor
will be a deputy of the Department under the provisions of Wis. Admin. Code s.
93.050(13). The Contractor's authority shall be strictly limited to the duties described in
this section, and the Contractor is not authorized to act as an agent of the Department for
any other purposes. The Contractor is an independent contractor, and nothing in this RFB
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or in the Contract with the Department is intended to create an employment relationship
with the Department with either the Contractor or any of its employees. The Contractor is
solely responsible for its actions and those of its employees in carrying out the functions
specified under this RFB and the Contract. The Department has sole authority to interpret
the provisions of state and federal statutes and rules relating to petroleum storage tanks
and may require the Contractor to rescind and /or re -issue any action, order, or technical
advice that conflicts with the Department's interpretation.
III. TIME, COST AND ADMINISTRATION
A. The Contractor may not charge fees for services provided under this Contract, except from
the sources indicated.
B. Total cost for the Contract shall not exceed the moneys provided through:
1. Calculations for the respective state fiscal year payment based upon the dollar
amounts specified in Section III, E. and the Department's tank database population on
June 301h of the preceding year.
2. The Contractor's share of installation inspection fees.
3. Contractor's locally generated plan review fees.
4. Any other funds generated at the local level through local permits, ordinance, etc.
5. The Department will not be responsible for any payments in excess of the source
amounts referred to in subsection A. Any request for an increase in payment in excess
of the source amounts referred to in subsection A shall be made pursuant to Section I
General, (S) Contract Modifications.
C. Payments to the Contractor will be made quarterly for installation and closure inspections
reported to the Department and supported by a completed installation checklist. Payments
to the Contractor for annual inspections will be made on approximately the 151h of the
month following the month the inspection was submitted to the department.
D. The Contractor is responsible for establishing and controlling expenditures within its budget
to assure all services provided under the bid and subsequent contract are completed.
E. The Department will pay the Contractor for the performance of services under this Contract
as follows:
For State Fiscal Years 2016 - 2017:
Annual Inspections of Underground Tank Systems. A Contractor with a voluntary
services Contract shall be paid for its service area, corresponding to one or more fire
jurisdictions, based upon annual recorded inspections and installation and closure
inspection documentation submitted:
a) $90 for each registered "federally regulated" UST system in use (Type 1),
b) $60 for each registered "federally regulated" Temporarily- Out -of- Service UST (Type
2),
c) $90 for each registered "heating fuel" UST greater than 4,000 gallons (Type 3),
2. Periodic Inspections of Aboveground Tank Systems. The amount the contractor will be
paid for each registered "In use" non- agriculturelnon- privatelnon- retail above ground
storage tank (AST) used for vehicle fueling, and payment for each registered "In use"
Page 9 of 15
above ground storage tank (AST) of occupancy type: utility, industrial,
merc anti lelcommercial, school and government fleet:
a) $90 for each Vehicle fuel ASTs (Type 6)
b) $90 for each Non vehicle fuel ASTs (Type 7)
3. Installation. $170 for the site UST Pre - installation scope and planning meeting. Pius the
Contractor's share of ATCP 93 installation inspection fees. For installation inspections
of plans reviewed at the state level, 100% of the ATCP 93 installation inspection fee
charged.
4. Closure. $90 for the site UST closure inspection.
5. Performance Fee. A fee equal to 7.5% of the annual inspection payment will be paid to
the Contractor if the annual audit determined that the Contractor had met all contract
expectations.
For State Fiscal Years 2018 -2020
Annual Inspections of Underground Tank Systems. A Contractor with a voluntary
services Contract shall be paid for its service area, corresponding to one or more fire
jurisdictions, based upon annual recorded inspections and installation and closure
inspection documentation submitted:
a) $92 for each registered "federally regulated" UST system in use (Type 1),
b) $62 for each registered "federally regulated" Temporarily- Out- of-Service UST (Type
2),
c) $92 for each registered "heating fuel" UST greater than 4,000 gallons (Type 3),
2. Periodic Inspections of Aboveground Tank Systems, The amount the contractor will be
paid for each registered "in use" non- agriculturelnon- privatelnon- retail above ground
storage tank (AST) used for vehicle fueling, and payment for each registered "In use"
above ground storage tank (AST) of occupancy type: utility, industrial,
mercantile/commercial, school and government fleet:
a) $92 for each Vehicle fuel ASTs (Type 6)
b) $92 for each Non vehicle fuel ASTs (Type 7)
3. Installation. $175 for the site UST Pre - installation scope and planning meeting. Plus the
Contractor's share of ATCP 93 installation inspection fees. For installation inspections
of plans reviewed at the state level, 100% of the ATCP 93 installation inspection fee
charged.
4. Closure. $92 for the site UST closure inspection.
5. Performance Fee. A fee equal to 7.5% of the annual inspection payment will be paid to
the Contractor if the annual audit determined that the Contractor had met all contract
expectations.
F. In addition to the funding provided by the Department, the Contractor may have available
the funds generated through the local plan review process and any permit fees established
by ordinance on a local level. The Contractor must charge according to the plan review
and inspection fees established in Wis. Admin. Code Ch. ATCP 93.
G. The Department retains the sole authority to determine the amount of monies payable to
the Contractor for services provided by the Contractor under this Contract.
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Definition of Tank Classifications:
In Use — An aboveground or underground tank that is being used to store and/or dispense a
product regulated under Ws. Admin. Code Ch. ATCP 93.
Abandoned — An aboveground or underground tank that is not being used and is not properly
closed as required by Wis. Admin. Code Ch. ATCP 93, or is not in "Temporarily-Out—of-
Service" status pending upgrade.
Closed — An aboveground or underground tank that has been taken out of service, cleaned
and either removed from the site or closed in place under the requirements of Wis. Admin.
Code Ch. ATCP 93 of the Flammable, Combustible, and Hazardous Liquids Code in effect
at the time of closure.
Temporarily- Out -of- Service — An aboveground or underground tank that is not "In Use"
pending system upgrade modification for groundwater protection.
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USTIAST Installation 1 Closure Inspection Guidelines
The purpose of the installation inspection is to maintain regulatory oversight of systems that
have a potential to pose significant risk to fire safety and environmental contamination if not
properly installed. The inspector functions as a liaison for the state regulatory and enforcement
program and as a monitor to protect the interests of the owner.
The concept behind the installation inspection requirements and Departmental expectation is a
pre - installation visit to establish expectations in administrative and operational aspects
throughout the installation process, and to monitor at least two milestones as the installation
progresses. The pre - installation scope and planning meeting is intended to develop a strategy
for communications between the inspection agency and the contractor. This strategy to
assure that adequate notification is made to accommodate, in a timely manner, the inspection
points throughout the installation process and what must be in place, operationally and
administratively, for the inspector to sign -off prior to placing the system into operation. The
optimum time for the pre - installation scope and planning meeting is during the air test of the
tanks after they have been unloaded, prior to being placed in the excavation.
The department has established two inspection oversight milestones as the installation
progresses. However, two inspections may not be adequate to maintain proper regulatory
oversight during the installation process, depending upon the magnitude or scheduling of the
installation. Regulatory inspection oversight may be maintained at some AST installations
through one inspection just prior to placing the system in operation.
The first inspection milestone is after the major excavation work has been completed and the
primary components of the system are in place. The piping will be exposed and the line
pressure test will be taking place prior to connection to the dispenser and the tank.
The final inspection milestone will be conducted prior to placing the system into operation.
This inspection is intended to confirm the previous work, verify the integrity of the system and
the leak detection methodology in place, and bring the administrative process to closure.
The Department has taken the position that if the Contractor gives adequate notice to the LPO
for a pending installation inspection, conflicts with the LPO's schedule should not hold -up the
Contractor's progress. This does not mean that the inspector's inspection obligations or the
regulatory oversight are diminished. The inspector may authorize the Contractor to continue,
but the Contractor must allow provisions for verification of specific inspection points. Examples
are burial depth, slope, flex connectors, anodes, isolation bushings, etc. The inspector has the
authority to require that the Contractor provide specific accommodations to facilitate
inspection. Restricting the amount of trench backfilled and/or providing photographs are just
two means an inspector may use to maintain verification oversight.
The final inspection is extremely important. The inspector conducting the final inspection is
signing the form confirming that the final and all prior inspections have been thorough, all
components are in place, and that no changes have occurred that are not documented. It is
the Department's expectation that the final inspection will involve a walk - through visual
inspection of the entire system from the storage tank to the dispenser. The inspector will have
access covers and dispenser doors opened to accommodate a visual verification.
The following Installation Inspection Guide (pages 93 -- 95) is designed to serve as an internal
check for the inspector, enabling the inspector to gauge his/her thoroughness and consistency
when conducting installation inspections. This guide can be used in many ways, individually or
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by the agency when multiple inspectors are involved with a site through the duration of the
installation.
Pre - installation Scope and Planning Meeting Expectations
♦ Discuss administrative aspects and how contractor will verify and document integrity and
diagnostic tests, e,g., sump containment tightness, system leak detection, corrosion
protection, overfill alarm, etc.
♦ Verify that system is being installed within the restrictions of the respective Material
Approval or Petition For Variance.
♦ Verify tank, dispenser and emergency control locations and setbacks as reflected on the
plan.
♦ Discuss potential plan revision items.
♦ Discuss areas of the installation that are not under the responsibility of the tank system
equipment contractor, e.g., electrical.
♦ Confirm methods of leak detection, corrosion protection, and overfill prevention.
♦ Agree on notification 1 inspection time perimeters, flexibility, etc.
Discuss other key inspection or contractor employees that may be working on this site,
signing inspection forms, and serve as contact for status inquires.
Discuss third -party contractors that may be involved, e.g., fencing contractor, tightness
tester, etc.
♦ Discuss who will be attending final inspection and what must be accessible and available,
Installation Inspection Expectations:
Installation inspections commence when the installation, retro -fit, upgrade or remodeling is
underway. The inspector is expected to assess that the installation is being conducted in
accordance with the respective national standards, Petition For Variance, Material Approvals
and ATCP 93 and conforms to the system installation plan or revision. The Department does
not expect the LPO inspector to attend the duration of component integrity or diagnostic
testing. It is the expectation of the Department that the inspector visit the site at some point in
time during or immediately after a component test, such as the initial pipe tightness test or the
pre - operational tank system tightness test, is conducted. The department expects that the
inspector will review test procedure and component test results to confirm that the test
procedure and results are documented.
UST Closure Inspections
The inspector shall visit the site preferably during the excavation activity, but prior to backfill to
assess the following:
s That soil sampling was performed for federally regulated and heating fuel tanks larger than
4,000 gallon capacity and for other USTs where contamination is suspected.
♦ Individual performing the soil sampling is a current Comm 5 Certified Site Assessor.
♦ For sites with contamination, the inspector should discuss with the closure contractor the
suspected source of the contamination (tank leak, pipe leak, spill and overfill source, etc.)
and document that on the closure checklist.
♦ Confirm who is making DNR notification.
Major Site Inspection Components
These guidelines should be used in conjunction with the installation checklists (ERS -6294 and
ERS 9658).
A. Administrative
Plan review verification.
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➢ Approved plans on site.
➢ Installation Inspection Checklist started.
➢ Tank capacity and number corresponds with submittal.
➢ Tank setbacks within restrictions. (Property line, buildings, LP tanks, etc.)
➢ Dispenser setback. (Building, retail /nonretail, kerosene dispensing, etc.)
➢ Access manways installed corresponding with submittal.
➢ Overfill devices.
➢ Spill containment.
➢ If changes have been made is there a plan revision on site.
➢ Tank soap test documentation on site or proof of factory vacuum integrity throughout
installation process.
➢ Material Approval (if applicable) for pipe, leak detection, tank, flex connectors, dike
liners.
➢ Installation according to Material Approval or Petition For Variance.
B. Piping
Precision Test.
➢ Primary piping been completed and test information documented by technician.
➢ Secondary piping been completed and test information documented by technician.
Peripherals.
➢ Slope or configuration of piping /pipe run is code complying.
➢ Piping has mechanical listed flex connectors at tank and dispenser (except for flexible
piping with material approval).
➢ Emergency shut -off valve with fusible link is positioned according to manufacturer's
specifications.
➢ Vent pipes for class 1 products minimum 12' above grade and 5 feet from building
openings.
➢ Vent pipes for class Il products minimum 4' above grade or highest snow height.
C. Cathodic Protection Systems
➢ Anodes placed as approved.
➢ Impressed current CP - conductor buried at least 24" below finished grade.
➢ Test stations installed.
➢ Test conducted for effectiveness, if so is copy of test results on site.
➢ Verification of CP designer, installer, etc. NACE qualifications /certification.
D. Release Detection
➢ Precision test has been conducted on tank and lines prior to placing the system into
operation.
➢ All leak detection methodology has Material Approval.
➢ Leak detection methodology applies to the system in place.
• Capacity of tank and piping.
• Manifolded tanks.
Automatic Tank Gauging.
➢ Diagnostic and calibration test conducted on ATG system.
➢ Setup print -outs submitted to DATCP with installation checklist.
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Interstitial Monitoring.
➢ All Interstitial monitoring systems whether mechanical or electrical, require precise
installation, and testing.
➢ Recordkeeping system established.
Statistical Inventory Reconciliation.
➢ Recordkeeping system established.
Electronic Line Leak Detector
➢ Verification that electronic line leak detector was checked to trip at 3 GPH @ 10 psi
equivalent (max.) flow rate.
➢ If used for startup test and/or annual precision test of piping a diagnostic check and
documentation of a passed tightness test (to specifications on Material Approval) of pipe.
Mechanical Flow Restrictor
➢ Verification that mechanical flow restrictor was checked to trip at 3 GPH@ 10 psi
equivalent (max.) flow rate.
E. Site Overview Inspection
➢ Fill pipe caps and manhole covers color -coded appropriate for product.
➢ An emergency breakaway on each Class I and II liquid hose.
➢ Are fuel oil and kerosene dispensers at least 20 feet away from dispensing equipment
for class I and II motor fuel liquids?
➢ Operating instructions and emergency instructions for unattended self - service stations.
➢ Stop motor and no smoking signs posted.
➢ Are dispensers mounted and bolted down properly.
➢ Emergency shut off installed inside building and working.
➢ Push -to -stop button on dispensers (if required).
➢ Unattended fueling - Emergency Shutdown device installed and visible.
F. Documentation and Training
➢ Site address, installation specifications and data on installation plans, installation
inspection checklist, and inventory forms match.
➢ Components installed correspond with components on plan submittal.
➢ Copy of startup test(s) included with submittal'of Installation Checklist.
➢ Owner /operator been trained in the use of the leak detection and monitoring system
before the system has been place into service.
➢ Owner has been provided with all installation, operating instructions, and Material
Approval documents for all components of the tank system.
➢ Ownerloperator has all documents available -for inspection, as required.
G. Post Inspection Notification to Bureau of Weights and Measures Field Operations
For retail sites, send Fax or E -mail notification to the respective Weights and Measures
Field Operations office that the installation inspection has been completed.
If all the respective requirements of this guideline cannot be met, the system should not be
allowed to be put into service.
End of Contract
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