HomeMy WebLinkAboutSCS Tracer Environmental; 2015-02-19; UTIL1176UTIL1176
AGREEMENT FOR PSM/RMP CALARP PROGRAM AND TRAINING SERVICES
SCS TRACER ENVIRONMENTAL
^ THIS AGREEMENT is made and entered into as of the /^Z^^^ day of
y^^A J^///r/^\/ , 2015, by and between the CARLSBAD MUNICIPAL
WATER DISTRICT, a/Public Agency organized under the Municipal Water Act of 1911, and a
Subsidiary District ofthe City of Carlsbad, ("CMWD"), and SCS TRACER ENVIRONMENTAL, a
Virginia corporation, ("Contractor").
RECITALS
CMWD requires the professional services of a contractor that is experienced in performing
PSM/RMP CalARP reviews and updates and employee training. Contractor has the necessary
experience in providing these professional services, has submitted a proposal to CMWD and has
affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of one (1) year from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be three thousand nine hundred dollars
($3,900). No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent
(10%) retention until CMWD has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of CMWD. Contractor will be under the control of
CMWD only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless CMWD and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense CMWD incurs or
makes to or on behalf of an injured employee under the CMWD's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
General Counsel Approved Version 1/30/13
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6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of at
least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount
of not less than one million dollars ($1,000,000) each, unless othen^^ise authorized and approved
by the Risk Manager or the Executive Manager. Contractor will obtain occurrence coverage,
excluding Professional Liability, which will be written as claims-made coverage. The insurance
will be in force during the life of this Agreement and will not be canceled without thirty (30) days
prior written notice to CMWD by certified mail. CMWD will be named as additional insured on
General Liability which shall provide primary coverage to CMWD. Contractor will furnish
certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD's execution of
this Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
CMWD or Contractor may terminate this Agreement at any time after a discussion, and written
notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time
of termination, if the services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of CMWD.
13. AMENDMENTS
This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
General Counsel Approved Version 1/30/13
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14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
SCS TRACER ENVIRONMENTAL, a
Virginia corporation
(sign
Patricia Lee Pyle / Vice President
(print name/title)
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad
By:
Patrick Thomas
onogar on Director
(sign here)
Gregory Mauser / Secretary
(print name/title)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, General Counsel
By:
Assistant General (|ounsel
General Counsel Approved Version 1/30/13
Environmental Consultants
and Contractors
5963 La Place Court
Suite 207
Carlsbad. GA 92008
Exhibit "A"
760 744-9611
FAX 760 744-8616
www.scsencinee'-s.com
SCS TRACER ENVIRONMENTAL
Fomerly Tracer Environmental Sciences & Tectmologies, Inc.. now a part of SCS Engineers.
To:
cc
From:
Date:
Re:
Doug Hilliker, Carlsbad MWD (Doug. Hilliker® CarlsbadCA. gov)
Eric Sanders, Carlsbad MWD {Eric.Sanders&.carlsbadCA.gov)
Jake Tilley, Project Manager, SCS Tracer (itillev&.scsengineers. com)
January 12, 2015
Proposal for PSM / RMP Team Meetings
SCS Tracer Environmental (SCS Tracer) is pleased to submit this proposal to conduct routine
PSM/RMP Team meetings with the Carlsbad Municipal Water District - Water Operations division.
The routine site visits will inciude the following tentative agenda:
1. Review and Update all PSM / RMP / CalARP Program Elements as needed
a. Review Outstanding Action Items / Recommendations and close out
2. Employee Training (as needed)
3. Review and Certification of Standard Operating Procedures
The PSM Team Meetings are estimated to be approximately 4 hours in duration each. The following
paragraphs detail the scope of work associated with one site visit that will be conducted by a Senior
Engineer from SCS Tracer.
1. Review of PSM / RMP / CalARP Program Elements
There are many elements to the PSM / RMP / CalARP documents that can seem ovenwhelming to
the on-site program manager. A meeting with CMWD personnel will t>e conducted to ensure that
department supervisors and managers and other responsible parties are aware of and keeping up
with their responsibilities associated with the PSM, RMP, and CalARP programs. The goal of these
meetings will be to identify areas of compliance that need additional support. The resulting follow-up
summary report will include recommendations for Water Operations Supen/isors and/or Managers to
move towards full compliance.
A Senior Engineer from SCS Tracer will lead the discussion that will focus on a review of: 1) previous
recommendations resulting from program-related studies (Process Hazard Analyses, Compliance
Audits, and previous PSM Team Meetings) along with the status of each action item; 2) any changes
or proposed changes to the chlorine processes or related equipment and/or the facility that might
require updates to the written programs; 3) any recent chlorine leaks (or near misses), incidents, or
injuries related to the chlorine processes; and 4) maintenance records for chlorine equipment.
Assistance will be provided to complete necessary paperwork for various PSM elements including:
Management of Change, Incident Investigations, Contractor Safety packages, responding to
regulatory inquiries and/or audits, etc.
2. Employee Training
As department personnel and/or responsibilities change, SCS Tracer can provide training to ensure
Carlsbad MWD employees are aware of their responsibilities under the PSM / RMP / CalARP
programs. This would include specific recordkeeping aspects in addition to emergency action
planning and notifications. Also, a brief training session can be provided for new employees to
document chlorine hazard awareness, the district's PSM / RMP / CalARP program, and the
emergency action plan.
SCS Tracer Environmental
5963 La Place Court, Suite 207 • Carisbad, CA 92008
760-744-9611 • 760-744-8616 FAX
SCS TRACER ENVIRONMENTAL
Page 2 of 4
Mr. Doug Hilliker
January 12. 2015
3. Review / Certification of SOPs
Regulatory requirements provide for an annual review and re-certification of the written Standard
Operating Procedures for the covered process (i.e., Maerkle chlorine systems). The SCS Tracer
Senior Engineer will facilitate the review of the procedures and note any changes that should be
made to the SOP set, including new SOPs that should be documented.
Final Deliverables
Following each on-site meeting, SCS Tracer will provide the following materials for Carlsbad MWD's
records;
• Updated status report for any outstanding recommendations (Process Hazard Analysis
studies, Compliance Audits, PSM Team Meetings, etc.);
• A written summary of deficiencies (suggestions for enhancement or revision) regarding
the PSM/RMP/CalARP program noted during the on-site visit;
• A written summary of the meeting delivered to Carlsbad MWD responsible parties; and
• A cost estimate for SCS Tracer to complete any suggested revisions / updates to the
written PSM / RMP policies discussed during the site visit.
Assumptions
SCS Tracer assumes the follovwng conditions apply to the proposed PSM/RMP site visits:
• Any revisions or edits required for the PSM/RMP/CalARP program are not included in
this cost estimate. Proposals for completing updates to the documentation can be
provided by SCS Tracer following each site visit.
• Required PSM/RMP/CalARP compliance tasks beyond the scope of this proposal such
as Three-Year Compliance Audits, Five-Year PHA Revalidations, and Mechanical
Integrity Audits are not included in this cost proposal.
Costs
The fixed-fee costs for the PSM/RMP Team meetings are as follows:
On-Site Meetings:
Follow-Up Reporting:
Other Direct Costs:
4 hours - Senior Engineer (g $135 / hr
3 hours - Senior Engineer @ $135 / hr
materials, shipping, etc.
Fixed-Fee Costs per visit:
Fixed-Fee Costs for Four (4) PSM/RMP Team meetings (w/ reporting)
$
$
$
$
$
540
405
30
975
3,900
Standard Terms: Refer to the attached SCS Tracer Environmental - Standard Terms & Conditions.
SCS Tracer Environmental
5963 La Place Court, Suite 207 • Carlsbad, CA 92008
760-744-9611 • 760-744-8616 FAX
SCS TRACER ENVIRONMENTAL
Page 3 of 4
Mr. Doug Hilliker
January 12. 2015
To be completed by Carlsbad MWD for project authorization:
I agree to the scope of work detailed above in this letter and the Terms and Conditions attached. I hereby
authorize SCS Tracer Environmental to proceed with this prqiect to conduct four (4) PSM/RMP Team meetings
regarding the Maerkle Treatment Facilities at Carisbad MWD.
Project Approved By:
Print Name Signature
Title Date
PSM/RMP Team Mtgs. (4) $3.900 P0#
SCS Tracer Environmental
5963 U Place Court, Suite 207 • Carlsbad, CA 92008
760-744-9611 • 760-744-8616 FAX