HomeMy WebLinkAboutTracer Environmental Sciences & Technologies; 2007-04-20;Mar 28 20O7 9:46RM CITY OF CRRLBRD 76O72921Q3 p.4
AGREEMENT FOR PSM/CalARP Compliance SERVICES
Tracer Environmental Sciences & Technologies, Inc.
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THIS AGREEMENT is made and entered into as of the (Q^ daY of
O WJLV , 200~7 by and between the CITY OF CARtSBAD, a municipal
corporaiionT (City"), and Tracer Environmental Sciences and Technologies. Inc.. an
ivironmental science, risk management contractor.
RECITALS
City requires the professional services of an environmental science, risk management
contractor that is experienced in compliance with:
• California Accidental Release Prevention (CalARP) program: OES CCR Title 19,
Division 2, Chapter 4.5
• Cal-OSHA Title 8, Section 5189, Process Safety Management (PSM)
Contractor has the necessary experience in providing these professional services, has
submitted a proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City 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 1 year from the date first above
written.
3. Compensation. The total fee payable for the Services to be performed will be nine
thousand eight hundred dollars C$9800). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. City reserves the right
to withhold a ten percent (10%) retention until City 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 City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City 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 City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
City Attorney Approved Version #11.28.06
Mar 28 20O7 9:46RM CITY OF CRRLBRD 76O7292103 p.5
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
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-:V in an amount of not less than five hundred
thousand dollars ($500,000) each, unless otherwise authorized and approved by the City
Attorney or the City 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 the City by certified mail. City will be named as an additional insured on General
and Automobile liability. Contractor will furnish certificates of insurance to the Contract
Department, with endorsements to City prior to City's execution of this Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
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.
Q, Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City 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
seg. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. 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 City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
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
City Attorney Approved Version #11.28.06
Mar 28 2OQ7 9:47HM CITY OF CRRLBRD 76O72921O3 p.6
and conditions of this Agreement.
CONTRACTOR
*By:,
(signhere) /
f C> \-ee R
(print name/title)
V-c
(e-mail address)
*By:
(sign heos)
(print name/title)
(e-mail address)
-coryx
,CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
City Manager or Mayor
ATTEST:
CityCJerk
'tfii.. *"/M.H^X
If required by City, 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:
: BALL, City Attorney
Ueputy City Attorney
City Attorney Approved Version #11.28.06
Mar 28 2O07 9:47flM CITY OF CRRLBHD 7607292103 p.7
EXHIBIT "A"
SCOPE OF SERVICES
Please see attached document dated January 30, 2007 from Tracer Environmental Sciences
and Technologies, Inc.
RE: Proposal for PSM/CalARP compliance:
• Three-Year Compliance Audit
• PHA Revalidation
• Hazard Assessment Update
• CalARP/PSM Program Updates
City Attorney Approved Version #11.28.06
ENVIRONMENTAL SCIENCES & TECHNOLOGIES. INC.
970 Los Vallecitos Blvd., Suite 100
San Marcos, California 92069
Office :(760)744-9611
Fax:(760)744-8616
www.tracer-est.com
tracer@tracer-est.com
On-Line Safety Training Demo at www.tracer-est.com
January 30, 2007
Mr. Carl Pope
Carlsbad Community Swim Complex
3401 Monroe Street
Carlsbad, CA 92008
Sent via email (cpope(q),ci. carlsbad. ca. us) and US Mail
RE: Proposal for PSM/CalARP compliance:
• Three-Year Compliance Audit
PHA Revalidation
• Hazard Assessment Update
CalARP / PSM Program Updates
Dear Carl:
Tracer Environmental Sciences & Technologies, Inc. (Tracer) is pleased to submit this cost proposal
to assist the Carlsbad Community Swim Complex with several tasks required for compliance with
the PSM and CalARP programs that are in place based on the facility's use of chlorine. The tasks
will focus on chlorine water treatment process and will be performed in accordance with the
requirements of the following regulation:
• California Accidental Release Prevention (CalARP) program: OES CCR Title 19, Division
2, Chapter 4.5
Cal-OSHA Title 8, Section 5189, Process Safety Management (PSM)
Three recurring requirements of the CalARP and PSM regulations are included in this scope of work
proposal: 1) Three-Year Compliance Audit, 2) PHA Revalidation, and 3) Hazard Assessment
Update. Tracer is also proposing to assist the Carlsbad Community Swim Complex with updates
to the written programs based on the aforementioned compliance tasks.
Task 1 - Three Year Compliance Audit
The Compliance Audits section of the aforementioned regulation will be used to investigate whether
the risk management procedures and practices in place under the PSM/CalARP standards are
adequate and are being fully implemented.
The above standard requires that the risk management program in place at the facility be
audited every 3 years. Tracer has not conducted a three-year audit since the initial
implementation of the PSM and CalARP programs in 1999.
Page 2 of5
Mr. Carl Pope
January 30, 2007
An effective audit includes a review of the relevant documentation and safety information,
inspection of the physical sites, and interviews with all levels of facility personnel. Utilizing the
audit procedures developed by OSHA and EPA, the audit will systematically analyze compliance
with all aspects of the regulation.
Tracer proposes to perform the Audit in two phases: 1) on-site facility audit and 2) report
preparation. Tracer will have a senior engineer examine existing documentation and programs. In
addition, Tracer will interview employees as needed to ensure proper implementation of the
programs. Following the on-site audit, Tracer will prepare a report that recommends items
toimprove implementation of the risk management programs. The following outlines in detail the
two subtasks required to complete the audit.
On-Siie Facility Audit
A senior engineer from Tracer will spend one full day at the Carlsbad Community Swim Complex
facility to examine existing documentation of programs in place and to conduct a site inspection.
The PSM and CalARP audit checklists will be used to review existing documentation for
compliance with the associated regulations. Examples of facility documentation that will be
reviewed include, but are not limited to, the following items:
• Emergency Response Plan • Incident Investigation Program
• Training Program/Records • Process Hazard Analysis
• Piping and Instrumentation Diagrams • Contractor Safety Packets
• Evacuation Drill Records • Operating Procedures
• Maintenance Procedures/Schedule • Maintenance Records
In addition to the documentation review, Tracer will interview employees that work with (or near)
the chlorine system to ensure that the programs at the facility have been implemented. Also during
the interview phase, recommendations are discussed with facility personnel to avoid having any
surprises once the report has been generated. Prior to leaving the facility, general findings will be
discussed with the various audit team members.
Finally, Tracer will request that one of the written standard operating procedures be performed for
observational purposes. This is conducted to ensure that the written procedures are being followed
by the employees / contractors.
Report Preparation
Following the audit, Tracer will prepare the audit report. The audit report will contain the completed
PSM/CalARP audit forms and results from the on-site audit. The report will be organized as
follows:
1. Introduction
2. Audit Methodology
Page 3 of 5
Mr. Carl Pope
January 30,2007
3. Recommendations
4. Implementation Plan
5. Audit Forms
In accordance with the associated regulations, a facility must include a plan and schedule for
implementing the corrective actions. Tracer will prepare a schedule for completion of
recommendations, assignment of facility personnel to implement recommendations, and follow-up
documentation that the recommendations have been resolved.
The list of recommendations will identify deficiencies in the documentation and will comprise a list
of action items needed to reach full compliance status with the PSM/CalARP regulations.
Task 2 - Revalidate Process Hazard Analysis Study
Both the CalARP and PSM regulations require facilities to revalidate their initial Process Hazard
Analysis (PHA) Study at least once every five years. Based on Tracer's records, the initial PHA
at the Carlsbad Community Swim Complex was conducted in May 1999; therefore, the next PHA
Reval is overdue and should be conducted as soon as possible.
Tracer proposes a one-day site visit to conduct the PHA Reval study. The on-site study will include
a review of the previous Hazard and Operability (HAZOP) study's logtables for completeness and
accuracy; additional analysis will be conducted, using the HAZOP method, if deemed necessary by
the PHA Reval Team. Following completion of the HAZOP Review, a facility tour will be
conducted by the PHA Reval Team to examine human factor and facility siting issues in order to
complement the HAZOP Study. Finally, the PHA Reval will conclude with a review of chlorine
industry and safety related checklists, the accident history of the facility, the status of all outstanding
recommendations, and a review of any changes made to the chlorine process since the initial study
was conducted.
Tracer will provide a Chief Engineer and a Staff Engineer for the on-site study. Other suggested
PHA Team members include management personnel, system operators, and other staff with
responsibilities for the chlorine system. Other facility personnel are welcome to sit in and learn
about the design and operation of the process.
Following the on-site meeting, Tracer will document a PHA Reval Report. In addition to
documenting the on-site study, the report will include a detailed implementation schedule for any
recommended action items along with responsible parties, estimated (or actual) completion dates,
comments, etc.
Tracer will provide draft copies of the PHA Reval report to project personnel for review. Facility
staff will be asked to review the document and return any comments or corrections to Tracer. A
final document will be prepared that incorporates all of the facility's comments.
Page 4 of 5
Mr. Carl Pope
January 30, 2007
Task 3 - Hazard Assessment Update
The Hazard Assessment, or off-site consequence analysis (OCA), is also required to be updated
every 5 years to ensure that current population estimates and sensitive receptors surrounding the
facility are included.
The Hazard Assessment estimates the potential impacts associated with chlorine releases at the
facility and determines the relative probability of these events occurring. The OCA techniques and
release rate calculations will be based on the equations included in the "General Guidance on Risk
Management Programs for Chemical Accident Prevention". The EPA has approved the approaches
and scenarios included in this document. For compliance with the CalARP, Tracer ES&T will
model the "worst case" release as defined by EPA: "release of the largest quantity of a regulated
substance from a vessel or process line failure that results in the greatest distance to an endpoint...".
This release must be modeled using pessimistic meteorological conditions (F stability and 1.5 m/s
wind speed).
The alternative release scenario modeled will be developed during the PHA Revalidation. This
scenario may consist of failures such as a small piping leak or a fuse plug failure.
Tracer ES&T uses a digitized mapping system, Landview® V Mapping Software, to show the facility
location and the off-site consequence results. In addition, the population will be determined and a
list of the sensitive, public, and environmental receptors affected will be provided.
Task 4 - CalARP/PSM Program Updates
Both the Three-Year Audit and the PHA Revalidation study are likely to generate recommendations
for program enhancements and / or revisions to the PSM/CalARP written programs maintained by
the Carlsbad Community Swim Complex. Tracer will address these recommendations and make
revisions / updates to the current written programs to ensure they are kept current. This task can be
more formally quoted following completion of Tasks 1-3 of this proposal. Herein, this task is bid
on a Time and Materials (T&M) basis.
Project Costs
The fixed-fee costs to perform the aforementioned PSM/CalARP compliance tasks for the Carlsbad
Community Swim Complex are outlined below:
Page 5 of 5
Mr. Carl Pope
January 30, 2007
Fixed-Fee Costs for Carlsbad Community Swim Complex
Task Time Cost
Task 1 - Three- Year Audit
la On-Site Audit
Ib Report Preparation
Senior Engineer: 10 hours @ $80/hour
Senior Engineer: 24 hours @ $80/hour
Audit Reviewer: 2 hours @ $1 10/hour
Audit Subtotal
$ 800.00
$ 1,920.00
$ 220.00
$ 2,940.00
Task 2 - PHA Revalidation
2a On-Site Study
2b Report Preparation
Staff Engineer: 8 hours @ $60/hour
Senior Engineer: 8 hours @ $80/hour
Staff Engineer: 24 hours @ $60/hour
Senior Engineer: 2 hours @ $80/hour
PHA Revalidation Subtotal
$ 480.00
$ 640.00
$ 1,440.00
$ 160.00
$ 2,720.00
Task 3 - Hazard Assessment Update
3 a Prepare Report Staff Engineer: 16 hours @ $60/hour
Senior Engineer:2 hours @ $80/hour
Hazard Assessment Subtotal
Other Direct Costs (travel, supplies, shipping, etc.)
Project Total
$ 960.00
S 160.00
$ 1,120.00
$ 75.00
$ 6,855.00
Task 4 - CalARP / PSM Program Updates will be completed on a Time & Materials (T&M)
basis. The time required will depend on the findings of the Audit and PHA Revalidation
detailed in Tasks 1 and 2 of this proposal. The charges will be accrued at the following rates:
1) Staff Engineer - $60/hour, 2) Senior Engineer / Project Manager - $80 / hour.
Standard Terms Tracer will submit invoices every four weeks. Payment is due in 30 days.
All invoices past 90 days will carry a 1.5% late charge. Invoices past 120
days will carry a 5% late charge.
If you have any questions, please do not hesitate to contact me (760-744-9611 x!02).
Sincerely,
Tracer ES&T
Jake Tilley
Senior Engineer - Ri Management