HomeMy WebLinkAbout1998 11 23 Consent Item C
COMMISSION AGENDA
ITEM C
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
November 23, 1998
Meeting
MGR~U<< IDEPT fr
Authorization
REQUEST: Utility Department Requesting Authorization to Execute Amendment 11 for
Consulting Engineering Services with Conklin, Porter & Holmes Engineers,
Inc.
PURPOSE: The purpose of this Board item is to request authorization for the execution of
Amendment 11 for the Risk Management Plan with Conklin, Porter & Holmes
Engineers, Inc. at a cost of$19,875.00.
CONSIDERATIONS:
This amendment is needed to meet the Environmental Protection Agency's final
rule for risk management programs for accidental release prevention of chemicals. The
two wastewater plants and three water plants exceed the threshold for chlorine storage.
EPA's Risk Management Rule was finalized June 20, 1996 and was promulgated
in response to a mandate in the Clean Air Act. The new section of the law is designed to
prevent accidental releases of regulated substances and other extremely hazardous
substances into the air. It is also intended to reduce the consequences of releases by
focusing prevention measures on those chemicals that pose the greatest risk.
The risk management program is comprised of a hazard assessment, a
management system, a prevention program, and an emergency response program. An
Off-site Consequence Analysis for each facility will be performed whereby modeling of
worst case scenario accidental releases are addressed. The plan must be completed and
submitted by June 20, 1999.
November 23, 1998
Consent Agenda Item C
Page 2
FUNDING:
The funding source for this project expenditure of$19,875 is the capital
improvement line code of the Utility Enterprise Fund - (3600-56310). The funds for this
project are erroneously listed under Town Center Engineering - Water and Sewer which
was a FY 97/98 expenditure. The funds for this project will be expended over the next
180 days.
RECOMMENDATION:
It is recommended that authorization be given for the execution of Amendment 11
for the Risk Management Plan with Conklin, Porter & Holmes Engineers, Inc. at a cost of
$19,875.00 payable from the capital improvements line code ofthe Utility Enterprise
Fund - (3600-56310).
IMPLEMENTATION SCHEDULE:
The scope of services will be completed within 180 days of approval.
ATTACHMENTS:
1. Amendment 11
COMMISSION ACTION:
A TT ACHMENT NO. 1
AMENDMENT 11 TO AGREEMENT
DATED
OCTOBER 14,1991
CONSULTING ENGINEERING SERVICES
FOR THE
RISK MANAGEMENT PLAN
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
This Amendment dated , 1998, by and between the City of Winter Springs (hereinafter
called the OWNER) and Conklin, Porter & Holmes - Engineers, Inc. (hereinafter called the Engineer),
is mutually agreed upon and declared an authorized Amendment to an Agreement dated October 14,
1991, between the parties, herein setting forth the scope, terms and conditions of the services herein
authorized. The appropriate provisions of the October 14, 1991, Agreement apply as fully as if
repeated herein.
AMENDMENT 11 TO AGREEMENT
DATED
OCTOBER 14, 1991
CONSULTING ENGINEERING SERVICES
FOR THE
RISK MANAGEMENT PLAN
BETWEEN
THE CITY OF WINTER SPRINGS
AND
CONKLIN, PORTER & HOLMES - ENGINEERS, INC.
This Amendment dated , 1998, by and between the City of Winter Springs (hereinafter
called the OWNER) and Conklin, Porter & Holmes - Engineers, Inc. (hereinafter called the Engineer),
is mutually agreed upon and declared an authorized Amendment to an Agreement dated October 14,
1991, between the parties, herein setting forth the scope, terms and conditions of the services herein
authorized. The appropriate provisions of the October 14, 1991, Agreement apply as fully as if
repeated herein.
SECTION 1
GENERAL
1.1 The purpose of this Amendment is to provide for Engineering Services, more
specifically itemized herein, in the preparation of a Risk Management Plan for the
utility system. The facilities included are Water Plants 1, 2 and 3, and the East Water
Reclamation Facility and the West Water Reclamation Facility. Each Facility has only
one regulated process (namely chlorination). We understand that there are no sulfur
dioxide, ammonia or methane/flammable processes at these facilities.
1.1.1 EPA's final rule for risk management programs for accidental release prevention of
chemical (61 FR 31668, June 20, 1996) is designed to assist facilities and communities
in their efforts to reduce the number and severity of serious chemical accidents.
Similar to OSHA's process safety management (PSM) standard (29 CFR 1910.119),
this rule is performance based. It sets minimum requirements for stationary sources
to use in developing risk management programs, rather than prescribing specific
methods. It is the responsibility of individual stationary sources to design systems to
address the minimum requirements in a way that prevents accidental releases of
regulated substances.
1.1.2 EP A's Risk Management Rule was promulgated in response to a mandate in the Clean
Air Act (CAA Amendments of 1990, which added new subsection (r) to Section 112
of the CAA. The new section in the law is designed to prevent accidental releases of
regulated substances and other extremely hazardous substances into the air. It is also
intended to reduce the consequences of releases by focusing prevention measures on
those chemicals that pose the greatest risk.
1.1.3 The rule requirements are subdivided into two main components:
. Development and implementation of a full risk management program; and
· Documentation and submission of a risk management plan that summarizes
key information about the program.
The risk management program is comprised of a hazard assessment, a management
system, a prevention program, and an emergency response program. The risk
management plan is designed to present a summary of the risk management program,
and the plan is available for review by government agencies and the public.
1.1.4 The RMP Plan format required under the RMP rule consists of an executive summary
together with a range of data elements specified by EP A. Originally, EP A proposed
to require registration as a separate document from the plan, with both documents due
for submission at the same time. However, in the final rule, the registration
requirement was merged into the plan. The registration is now included as the first
main data element in the plan, and a certification is required from the source's owner
or operator.
1.1.5 In addition to the executive summary, the plans data elements include the following
items:
.
Off-site Consequence Analysis - Toxics (Worst Case);
.
Off-site Consequence Analysis - Toxics (Alternative Releases);
.
A Five-Year Accident History;
.
Prevention Program; and
.
Emergency Response Plan.
SECTION 2
BASIC SERVICES OF THE ENGINEER
2.1 GENERAL
2.1.1 The ENGINEER agrees to perform professional services in connection with the
project as hereinafter stated.
2.1.2 The ENGINEER will serve' as the OWNER's professional engineering representative
in those phases of the project to which this Amendment applies, and will give
consultation and advise to the OWNER during the performance of his services. The
ENGINEER will perform the services for the City Commission under the general
supervision of the City Manager and Utilities Director and will submit interim plans
to them for their review, input, decision, etc. as appropriate.
2.1.3 This proposal assumes that the Process Safety Management Program that was written
by City staff and supplied to the ENGINEER is an acceptable and approval document
by OSHA. No changes or revisions are included in this Amendment for that
document.
SECTION 3
SCOPE OF SERVICES
3.1
GENERAL
The OWNER hereby authorizes the ENGINEER to proceed with the preparation of
a Risk Management Plan.
3.1.1 The ENGINEER shall provide all services to complete each task in accordance with
the regulatory requirements in effect on the date of execution of this Agreement to the
extent of the scope of work as defined and set out in this Agreement. The
ENGINEER shall perform professional services as hereinafter stated in accordance
with good engineering practices.
3.1.2 The ENGINEER will serve as the OWNER's professional engineering representative
in those phases of the project to which this Agreement applies and will meet, consult
with, and provide advice to the OWNER during the performance of these services.
The ENGINEER will perform the services for Sanlando Utilities under the direction
of the Utilities Engineer.
3.1.3 The ENGINEER will attend and participate in progress meetings and conferences
with the OWNER, including Operating and Maintenance personnel, to keep the
OWNER advised of the progress of the work; receive his instructions, preferences
and opinions; and will also coordinate with the pertinent regulatory agencies.
3.1.4 The ENGINEER represents that all personnel engaged in the work shall be fully
qualified. Any and all subconsultants will be submitted to the OWNER for approval.
3.1.5 Other sub consultant services are not included as part of this Agreement. If these
services are subsequently determined advisable during the course of the work, they
may be considered for authorization as an additional service under this Agreement or
separately provided by the OWNER.
3.1.6 The ENGINEER shall promptly begin work on the services authorized by this
Agreement upon execution of this Agreement and will complete the specified services
. within the compliance schedule promulgated by EP A.
3.2 RMP Executive Summary
Generate the executive summary for the EP A RMP. The summary shall include
descriptions of the accidental release prevention and emergency response policies, the
regulated substances handled, the worst-case release scenario and the alternative
release scenario, the general accidental release prevention program and chemical-
specific prevention steps, the five-year accident history, the emergency response
program and planned changes to improve safety.
3.3
RMP Registration
Assist the OWNER in completing a single registration for the entire source. The
registration shall cover all regulated substances handled in the covered processes.
EP A is currently working towards requiring electronic submission of the registration;
however, it will not make a final determination until some time next year.
3.4
RMP OfT-site ConseQuence Analysis (OCA) - Toxies (Worst Case)
Assist the OWNER in generating an OCA for each process, at each facility,
containing a regulated toxic or regulated toxic substances above the threshold
quantity in accordance with the RMP Rule for the worst case scenario release.
Modeling ofreleases for all regulated toxic substances (worst case) covered at the
facilities (OCA's) shall be performed by Seminole County HazMat Team, or an
additional service to this Agreement.
3.5
RMP OfT-site ConseQuence Analvsis (DCA) - Toxics (Alternative Releases)
Assist the OWNER in generating an OCA for each process, at each facility,
containing a regulated toxic or regulated toxic substances above the threshold
quantity in accordance with the RMP Rule for alternative releases of toxics.
Modeling of releases for all regulated toxic substances (alternative releases) covered
at the facilities (OCA's) shall be performed by Seminole County HazMat Team, or as
an additional service to this agreement.
3.6
RMp Five-Year Accident History
Obtain from the OWNER a listing of all accidental releases from covered processes
at each of the facilities during the last five years. Assist the OWNER in generating
a separate record for each accidental release from covered processes that occurred
within the last five years and that resulted in deaths, injuries, or significant property
damage on site, or known off site deaths, injuries, evacuations, sheltering in place,
property damage, or environmental damage shall be generated as part of this section.
A summary will also be included in accordance with the RMP Rule.
3.7
RMP Prevention Program
3.9.1 The OWNER shall provide the ENGINEER with written documentation for
the following items: standard operating procedures for the covered processes
at each of the treatment facilities; employee training programs and procedures
used by Owner; maintenance programs implemented at each of the treatment
facilities; management of change procedures currently being used by the
Owner, incident investigation program and procedures currently being used
by the Owner; current safety program being employed at the facility; and a
copy of the current hot work permit program being used at each of the
facilities (and indicating the persons(s) responsible for issuing the permits).
3.9.2 Assist the OWNER in generating an RMP Prevention Program in accordance
with the RMP Rule. The program shall include the following items: covered
processes and descriptions; Process Hazard Analyses (PHA) for each covered
process; discussion of operating procedures (SOP's), reviews and revisions;
development or incorporation of a training program used at each of the
facilities; development or incorporation of a maintenance program used at
each of the facilities; management of change procedures; compliance audit
procedures; incident investigation program and procedures; hot work permit
program and procedures; development or incorporation of contractor safety
procedures; and safety information related to regulated substances, processes,
and equipment.
3.10
Emer2encv Response Plan
3.10.1 Obtain a copy of the Owner's current Emergency Response Plan for the
facilities.
3.10.2 Assist the OWNER in updating the Emergency Response Plan for the facilities
and immediate surrounding areas should there be an accidental release of a
regulated substance. The plan will include information regarding the
fo1\owing: specific actions to be taken; procedures for informing the public
and local agencies responsible for responding to the accidental release(s);
information on emergency health care; and emergency response training for
employees. This plan will require close coordination and support from the
Seminole County HazMat Team.
SECTION 4
SUPPLEMENT AR Y SERVICES OF THE ENGINEER
4.1
If authorized in writing by the OWNER prior to the rendering of such services, the
ENGINEER will furnish or obtain under subcontracts, supplementary services of the
following types which will be paid for by the OWNER as described in SECTION 6,
Paragraph 6.1.2.
4.2
Additional services due to significant changes in the scope of the project or its design
including, but not limited to, changes in size, complexity, character of construction
or due to time delays in initiating or completion of the work as described herein.
4.3
Additional services in connection with the project including services normally
furnished by the OWNER as described in Section 5 herein and services not otherwise
provided for in this Amendment.
4.4
Preparing to serve and serving as an expert witness for the OWNER in any protest,
litigation, or other proceeding involving the project.
4.5
Additional engineering services required by revisions to regulations (after the date of
this Amendment) as applicable to the EP A and Florida Department of Environmental
Protection.
4.6
Provide specialty services through subconsultants. If these services are subsequently
determined advisable during the course of the work, they may be considered for
authorization as an additional service under this Section of the Agreement or
separately provided by the OWNER.
4.7
Except as otherwise provided herein, services or additional costs associated with
revising previously accepted studies, reports, or other documents prepared by the
ENGINEER when such revisions are due to causes beyond the ENGINEER's control.
4.8
Additional services resulting from public protests, administrative hearings, or similar
matters.
4.9
Additional services associated with the design, permIttmg and construction
administration of facilities, structures, equipment, appurtenances, etc. necessary to
bring the treatment plants into compliance with the PSMP and RMP regulations are
not provided under this agreement. These engineering services can be provided to the
Owner as an additional service and cost to this agreement.
SECTION 5
THE OWNER'S RESPONSIBILITIES
5.1 The OWNER will:
5.1.1 Advise the ENGINEER of his requirements for the project and designate a person to
. act as the OWNER's representative with respect to the work to be performed under
this Amendment, and such person shall have complete authority to transmit
instructions, receive information, interpret and define the OWNER's policies and
decisions pertinent to the work covered by this Amendment.
5.1.2 Guarantee access to and make all provision for the ENGINEER to enter upon public
and private lands as required for the ENGINEER to perform his work under this
Amendment.
5.1.3 Provide data requested that is reasonably available on the existing utility systems,
population and projections, land use and planning information.
5.1.4 Provide personnel to locate facilities and mow, trim, or otherwise make them
accessible for inspection and surveying.
5.1.5 Examine all studies, reports, sketches, and other documents presented by the
ENGINEER and render decisions pertaining thereto within a reasonable time so as
not to delay the work of the ENGINEER.
5.1.6 Obtain approval of all governmental authorities having jurisdiction over the project,
and such approvals and consents from such other individuals or bodies as may be
necessary for completion of the Project.
5.1.7
Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense,
soils investigations if advised in writing by the ENGINEER that they are necessary
or advisable.
5.1.8
Furnish, or direct the ENGINEER in writing to provide at the OWNER's expense,
necessary additional services as stipulated in Section 4 of this Amendment, or other
services as required.
5.1.9
Provide such legal, accounting, and insurance counseling services as may be required
for the project, and such auditing services as the OWNER may require.
5.1.10
Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
SECTION 6
PAYMENT
6.1
PAYMENT
Payments for services and expenses of the ENGINEER to be as set forth below:
6.1.1 Compensation paid ENGINEER for services described herein and rendered by
principals and employees assigned to the Project will be as described below. The fee
for the engineering scope of services described in Section 3 shall be a lump sum fee
of$19,875.00.
6.2 REIMBURSED EXPENSES
6.2.1 Expenses for items not specifically valued herein are to be reimbursed to the
ENGINEER at the actual cost thereof Said expenses shall include transportation and
subsistence of principals and employees, when traveling in connection with the
Project, toll telephone calls, telegrams and similar project-related items.
6.2.2 The OWNER will make prompt monthly payments in response to ENGINEER's
monthly statements without retention for all categories of services rendered under this
Amendment and for reimbursable expenses incurred.
6.2.3 Charges for the services rendered by principals and employees as witnesses in any
litigation, hearing or proceeding in accordance with Paragraph 4.1.4 will be computed
at a rate of $400.00 per day or any portion thereof.
6.2.4 If this Amendment is terminated during prosecution of the services prior to
completion of the services of Section 3, payments to be made in accordance with
Paragraph 6.1.1 on account of that and all prior work under this Amendment shall be
due and payable, and shall constitute total payment for services rendered. In
addition, upon termination, the ENGINEER shall be paid for any Additional Services
authorized and rendered under Section 4.
6.2.5 The ENGINEER shall promptly begin work on the services authorized by this
Amendment upon receipt of notice to proceed from the OWNER.
SECTION 7
GENERAL CONDITIONS
7.1
Since the ENGINEER has no control over the cost of labor, materials, or equipment,
or over any construction contractor's method of determining prices, any opinions of
probable construction cost which may be provided in the services of this Amendment
are made on the basis of his experience and qualifications and represent his best
judgement as a design professional familiar with the construction industry, but the
ENGINEER cannot and does not guarantee that bids or the construction cost will not
vary from opinions of probable cost prepared by him.
7.2
The OWNER and the ENGINEER each binds himself and his partners, successors,
executors, administrators and assigns to the other party of this Amendment and to
partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Amendment. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agency of any public body
which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the OWNER and the ENGINEER.
SECTION 8
8.1
The ENGINEER agrees to prosecute the work in a timely manner until the Project
is completed.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Amendment the day and year first above written.
OWNER:
City of Winter Springs, Florida
ATTEST
By:
Date:
ENGINEER:
Conklin, Porter & Holmes - Engineers, Inc.
Date:
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