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HomeMy WebLinkAbout1998-335ORDINANCE NO W —A3� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DENTON'S HAZARD REDUCTION/ELIMINATION STUDY AND ASSISTANCE WITH RISK MANAGEMENT PLAN PREPARATION FOR WATER AND WASTEWATER PLANTS WITH CAROLLO ENGINEERS, P C , AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to execute a Professional Services Agreement with Carollo Engineers, P C for Denton's Hazard Reduction/Elimination Study and Assistance with Risk Management Plan Preparation for Water and Wastewater Plants, substantially in the form of the Agreement which is attached hereto and incorporated herein by reference. SECTION II That the expenditure of funds as provided in the attached agreement is hereby authorized SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the [D - day of �(,%f/ bar 1998 JA ILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY AP VED 41,T(IO LEGAL FORM HERBERT L PROUTY, CUY ATT�EY PROFESSIONAL SERVICES AGREEMENT FOR DENTON'S HAZARD REDUCTION/ELIMINATION STUDY AND ASSISTANCE WITH RISK MANAGEMENT PLAN PREPARATION FOR WATER AND WASTEWATER PLANTS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the day of de66ej 19 90 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton Cornty, Texas 76201, hereinafter called "OWNER" and Carollo Engineers, P C , with its corporate office at 5440 Harvest Hill Road, Suite 237, Dallas, Texas 75230, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The Project shall include, without limitation, a Hazard Reduction/Elimination Study (HRES) and Assistance with a risk Management Plan Study (RMP) The purpose of the HRES is to evaluate options to reduce the risks associated with hazardous chemicals or eliminate the risks totally by using non -hazardous chemicals for the disinfection processes This portion of the study will be conducted primarily for the water treatment plant, however, an evaluation of the existing disinfection process will be conducted for the wastewater treatment plant The RMP portion of this study will consist of assistance and review of the City prepared Risk Management Plans for the Spencer Road Water Treatment Plant and the Pecan Creek Wastewater Treatment Plant ARTICLE II BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner A To perform all those services set forth in CONSULTANT's Scope of Engineering Services, which proposal is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B If there is any conflict between the terns of this Agreement and Exhibit "A" attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above -described Basic Services, are described as follows A During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an as - needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts B Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C Sampling, testing, or analysis beyond that specifically included in Basic Services D Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications E Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER F Providing geotechnical investigations for the site, including soil borings, related analyses, and recommendations Page 2 ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of professional engineering 2 "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "A" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non -labor expenses not to exceed $60,470 which amount consists of a lump sum not -to -exceed amount of $36,269 for the Hazard Reduction/Elimination Study, based upon monthly billings based on a percentage of work completed, and a not -to -exceed amount of $24,201 for special tasks based upon monthly billings at hourly rates described in Exhibit "A", such special tasks to be performed and paid only for the Risk Management Plan portion of the project Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project Page 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "A " Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than monthly D PAYMENT If the OWNER falls to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (601h) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation " ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and Page 4 furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $1100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident Page 5 C Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies except professional liability and Worker's Compensation, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution ansing out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation " Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Page 6 Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States marl to the address shown below, certified mail, return receipt requested, unless otherwise specified herein Marled notices shall be deemed communicated as of three (3) days' mailing To CONSULTANT Glen Middleton, Texas Area Manager Carollo Engineers, P C 5440 Harvest Hill Road Suite 237 Dallas, Texas 75230 To OWNER City of Denton Howard Martin Assistant City Manager/Utilities 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 10 pages and I exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof Page 7 ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER Page 8 ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit "A" B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shalt give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be personnel listed in the organization chart included in Exhibit "A" However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement Page 9 G The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed Ibis Agreement throu its duly authorized undersigned officer on this the 1� day of 19 ATTEST JENNIFER WALTERS, CITY SECRETARY BY OVF- AS TO LEGAL FORM HERBERT L PROUTY, CITY AJTORNEY CITY OF DENTON, TEXAS ichael W Pz, CIT2�VJNAGER CONSULTANT Texas Area M ag WITNESS BY S \0.r D u e ontt cerollo enpmern dce Page 10 EXHIBIT "A" Scope of Engineering Services Task Descriptions This project consists of two parts a Hazard Reduction/Elimination Study (HRES) and Assistance with a Risk Management Plan Study (RMP) The purpose of the HRES is to evaluate options to reduce the risks associated with hazardous chemicals or eliminate the risks totally by using non -hazardous chemicals for the disinfection processes This portion of the study will be conducted primarily for the water treatment plant, however, an evaluation of the existing disinfection process will be conducted for the wastewater treatment plant The RMP portion of this study will consist of assistance and review of the City prepared Risk Management Plans for the Spencer Road Water Treatment Plant and the Pecan Creek Wastewater Treatment Plant The following are our proposed tasks for the Hazard Reduction/Elimination Study and the Risk Management Plan Study with the objective, description, deliverables, and assumptions for each task Below is an outline of the major tasks we are proposing for this project Task Description Summary Task No Descnption A Hazard Reduction/Elimination Study B Risk Management Plan Study PROJECT TASK DESCRIPTIONS Task A — Hazard Reduction/Elimination Stud Ob ec ive Review and analyze the existing disinfection chemical systems to evaluate options to significantly reduce the potential hazards associated with the process chemicals or to eliminate the hazards totally by changing the type of chemicals used Description Collect background data regarding the existing systems and determine the required chemical dosages for each plant Evaluate the existing chemical feed systems and provide recommendations for improving the safety and minimizing the potential for accidental releases Identify and evaluate applicability of alternative disinfection processes for the water treatment plant only Prepare a cost benefit analysis for each of the alternatives Deliverables Prepare a report presenting the data and analyses along with a recommendation for improvements or modifications to the existing disinfection processes The following specific deliverables are identified HRES & RMP Task Descriptions I Report — Provide five (5) copies of a draft report for review Following incorporation of the review comments, provide twenty (20) copies of the final report Executive Summary — Provide an executive summary in both draft and final form The executive summary will be provided as a section of the report and as a stand-alone document (twenty copies of the final) Power Point Slides — Provide a series of Power Point slides suitable for use in a presentation to the city of Denton Public Utilities Board and City Council which highlight the elements of the study and recommendations The consultant will make two presentations one to the Public Utilities Board and one to the City Council Assumptions The City will provide the existing historical data regarding the chemical feed systems, existing drawings and existing chemical contract agreements Task A Sub -Tasks Work Effort Descriptions- Subtask a-1 Project Kickott t Conduct project kickoff meeting to establish project goals and objectives, review the project decision process, define anticipated work deliverables, identify information needed to perform the work, refine the project schedule, and establish points of contact and communication, and determine the invoicing format 2 Prepare project management plan guide which will include a) project objectives and priorities, b) role of City of Denton, Carollo and subconsultants throughout the project including staff assignments and project roles, c) contract work plan including scope, schedule, budget, resource assignments and coordination requirements, d) quality assurance and quality control plan, e) management tools and techniques, f) reporting requirements, g) mtormaton sources, h) document formats including report layouts, and g) administrative procedures such as invoicing, communication protocol, formats, etc Distribute plan to the entire project team Provide a copy to the City of Denton Project Manager for information purposes 3 Manage subconsultants in negotiation and preparation of initial agreements 4 Collect and review available data and drawings trom City of Denton and determine the adequacy for this study Also, determine any missing or critical data information missing from this initial intormation HRES & RMP Task Descnphons Subtask A-2 Monthly Management 1 Provide schedule and cost control monthly updates for this project 2 Prepare monthly progress submittal and invoice 3 Manage subconsultants for on -going project coordination including collecting monthly information for progress reports and invoices Subtask A-3 Background Data Site visits and inspection of chemical storage and feed equipment used at each plant facility These visits will include a review of the current operation and maintenance procedures, safety equipment, and employee training practices used at each location The design of each process, the age and condition of all equipment, and the safety aspects involved with the transportation, unloading, storage, handling, and chemical feed equipment used for disinfection shall be evaluated with specific recommendations for minimizing the potential for accidental releases from each process Required chlorine, ammonia, and sulfur dioxide use at each plant facility The average and range of required chemical dosages will be determined from plant records Design dosages (lb/day) will be established for each of the two plants' design capacities along with average dosages (lb/day) for normal plant flow conditions Interviews with the City of Denton Utility staff to review the potential impact of planned plant expansions, regulatory compliance issues, and other future conditions that could affect recommendations and cost estimates Site conditions and space constraints for each of the two plant sites will be reviewed to identify possible locations for the addition of scrubber facilities or other recommended improvements to enhance the safety of the existing disinfection processes Site constraints and potential locations for the installation of alternative disinfection process equipment shall also be evaluated Consideration will be given to construction retrofit problems, chemical and feed stock material transportation, storage and handling issues, the installation or retrofit of chemical feed equipment, required power supplies and instrumentation for monitoring process control and safety HRES & RMP Task Descnpnons Subtask A-4 - Evaluation of the Existing Disinfection Processes 1 Recommendations for improving the safety and minimizing the potential for accidental chemical releases from each of the gaseous based disinfection processes used at each facility Considerations shall include as a minimum ➢ Installations of scrubber systems for bulk chemical storage areas and chemical feed equipment buildings ➢ Existing or proposed improvements to active or passive mitigation or containment systems ➢ Automatic sprinkler systems for fire suppression or containment of accidental releases in chemical storage and feed areas ➢ Modifications to existing equipment such as direct cylinder mount vacuum regulators, the conversion of low pressure fed systems, or the installation of automatic shut down emergency isolation valves ➢ Improvements to ventilation and exhaust fans within existing buildings ➢ On -site and off -site ambient gas detection equipment Subtask k-5 - Evaluanon of kiternative Disinfection Pi ocesses Alternative disinfection systems that will eliminate hazards associated with the transportation, storage and use of chlorine, anhydrous ammonia and sulfur dioxide should be identified As a minimum, these alternatives should be evaluated based upon an assessment of risk reduction and risk trade-offs, regulatory compliance issues, process reliability and effectiveness, waste stream treatment and disposal, and all capital and O&M expenses The following alternatives should be evaluated at the Spencer Road WTP facility (a) Spencer Road Water Treatment Plant ➢ Sodium hypochlonte storage and feed system with recommended solution strength, dilution system and temperature control strategies to minimize chlorate concentrations ➢ On -site generation of sodium hypochlonte with salt storage, brine make- up system, brine water pretreatment equipment, waste stream treatment and disposal, solution storage and feed equipment ➢ Ammonium hydroxide solution (aqueous ammonia) feed system with recommended solution strength and storage system design ➢ Liquid ammonium sulfate storage and feed system ➢ Solid ammonium sulfate storage and feed system HRES & RMP Task Descriptions Subtask A-b - Cost Development The economics of each of the alternatives including the current approach alternative will need to be evaluated The capital and O&M costs for all recommended hazard reduction improvements to the existing disinfection system shall be included into the cost estimate of the current approach alternative The analysis shall be based upon a present worth value over a twenty-year life cycle and shall include as a minimum the following cost projections ➢ Chemical Costs ➢ Electrical Costs ➢ Capital Costs ➢ Operating/Safety Expenses ➢ Maintenance Expenses Subtask A-7— Wei natve E%aluahon 1 Process Comparison - The alternative processes will be compared with respect to meeting the needs of the plant, operational requirements, space requirements, ancillary support requirements, regulatory compliance requirements, reliability, flexibility, and dependability 2 Hazard Comparison - Safety and hazard reduction issues associated with the current disinfection processes will be compared with the upgraded current approach and the alternatives identified for each of the two facilities Cost Comparison - The twenty-year life cycle costs of all systems will be totaled and compared on an annual basis with the cost of the upgraded current approach Subtask %-R - Recommendation The monetary, tangible, and non -tangible issues evaluated in Subtask A-7 will be combined into a recommendation regarding the hazard reduction/hazard elimination alternatives evaluated for each plant facility Subtask A-9 - DeliNerables 4 Report - Five copies of a draft report will be provided for review Following incorporation of the review comments, twenty copies of the final report will be provided FIRES & RMP Task Descriptions 5 Executive Summary - An executive summary will be provided in both draft and final form The executive summary will be provided as a section of the report and as a stand-alone document (twenty copies of the final) 6 Power Point Slides - A series of Power Point slides suitable for use in a presentation to the city of Denton Public Utilities Board and City Council will be provided which highlight the elements of the study and recommendations The consultant will make two presentations one to the Public Utilities Board and one to the City Council Task B — Risk Management Plan Study Objective The purpose of the project is to assist in developing Risk Management Plans (RMPIans) and Risk Management Programs (RMPrograms) for two City of Denton (The City) treatment plants that comply with EPA Accidental Release Prevention requirements (40 CFR 68) Based on the RFP, our team understands that its role will be primarily one of technical assistance for the City Staff which will be developing the RMProgram elements with the guidance of a consultant with experience developing RMPIans and RMPrograms Descnvaon Unlike many traditional environmental and safety regulations, the OSHA PSM and EPA RMP rules are performance -based regulations derived from industrial best management practices While the AWWARF guidance provides examples of program management procedures, it is our experience that an inflexible, compliance -driven approach to the PSM/RMP program that ignores existing management processes results in unnecessary changes to existing roles, responsibilities and procedures and hidden costs We propose a skilled team of individuals that will identify existing management processes to be used as the building blocks of the Risk Management Program, where possible, and provide examples where new procedures are needed The City has trained some of its staff to become more knowledgeable in risk management Nevertheless, this will be the City's first effort to implement such a complex management program Based on our expenence, we believe that the City should use our team in the planning stages to identify useable current programs and to help develop work tasks and schedules Once these tasks are defined, we can work with the City personnel to develop the RMPan and RMProgram by providing examples and advice as requested and by review of work products We suggest beginning the project by conducting a gaps analysis of current programs, practices, procedures and documentation that address the RMP Prevention Program and emergency response requirements For any identified gaps, our Team will identify the tasks required to improve the safety management program and comply with the RMP rule This will provide a road map for City staff to guide their efforts HRES & RMP Task Descriptions We will provide model management procedures and example formats for implementation products for the needed RMP elements City staff will then prepare site specific management procedures and implementation products We will review these products and provide comments Deliverables None Assumptions The City will prepare all aspects of the RMP unless specifically identified in the scope below or requested by the City Task B Sub -Tasks Work Effort Descriptions Subtask B-1 Gap Analvsn/action Plan We will begin by assessing the existing programs and information against the RMP requirements to identify any gaps in existing management processes, procedures and program documentation The effort will consist of evaluating the current status of facility management processes, practices, procedures and documentation against the requirements of 40 CFR 68 to determme where gaps exist We will schedule a meeting at each plant or central document control location as necessary to review relevant process and facility documentation to ➢ Assess current operations and programs through detailed records review, on -site assessment, and staff interviews ➢ Determine strengths and weaknesses of current programs and systems and suitability for reuse with or without modification To facilitate the gaps analysis, we propose to conduct a kickoff meeting / RMP workshop at the City of Denton offices The purpose of this meeting / workshop is to introduce our team to the plant contacts and provide a detailed understanding of the project scope, the information required to conduct the gaps analysis, and to become cognizant of any specific issues or concerns at each of the plants Where possible, we would benefit from reviewing existing documents in advance of the site visits to better prepare our schedule and interview questions and focus our on -site tours and inspections so as to minimize impact on the City employees' time and plant operations Prior to the kickoff, we will provide a list of documents we will need to review during the course of the evaluation It is anticipated that each plant will collect this information and at a minimum have this information available at the start of the site visit HRES & RMP Task Descriptions Where gaps are identified, we will define the tasks required modify/enhance the existing elements for compliance win the RMP regulations We will prepare one status report for both plants using the results of the gap analysts to identify missing or deficient management program elements and program/process documentation It will also identify the specific implementation tasks necessary to be completed to generate, modify, and implement program elements The report will summarize the needs for each facility using a simple tabular Action Plan format that will facilitate the City's review and guide in implementation For each identified need, we currently assume that City staff will generate the work product and we will review them, however, the Action Plan will allow the City to decide if it wants us to complete certain specialized tasks If so, we can develop estimates for the additional effort and costs, if any, required to develop the program element/item beyond that defined in this proposal Subtash B-2 implementation Assistance We propose to provide and review with City staff the example "Model RMP" management procedures and example formats for implementation products that can be used to address gaps in current programs We will be "on call" to City staff during their development of work products to provide advice, as requested We will then review City RMProgram and RMPIan work products and suggest corrections or modifications, as necessary to meet the regulations or to make the program more easily implemented We assume that the work products will be provided for review in three major installments— I) Management Procedures, 2) Hazard Assessment and Risk Management Plan, and 3) Prevention Program and Emergency Response Program products The principal work products to be reviewed include Task B-2 1 Management Procedures We anticipate reviewing management procedures for the following • Management System • Safety Information • Hazard Review • Operating Procedures • Training • Maintenance • Compliance Audits • Incident Investigation • Emergency Response HRES & RMP Task Desmpnons We assume that all management procedures will be reviewed at the same time Task B-2 2 Hazard Assessment We assume that the hazard assessments (both draft and final) will be performed by the City staff based on the AWWARF Model RMP We will review all worst case and alternative case release assessments using the guidance in the AWWARF model RMP for water treatment plants and provide recommendations and one set of comments for the hazard assessments at each plant We will also review and comment on the compiled information on five-year accident histories for each plant Our proposed team is intimately familiar with the hazard assessment guidance contained in the AWWARF model risk management program for water treatment plants We understands the benefits to be gained by using a consistent, EPA reviewed methodology but are also aware of the limitations in applying the model RMP guidance to plants with scrubbers or confinement buildings We can take a more active role in evaluating the effect of confinement buildings, if requested by the City Task B-2 3 Risk Management Plan The EPA has published guidance on the information that must be contained in the RMPlan submission, including the required data elements and instructions for completing the RMPlan submission As currently scheduled, EPA plans to provide affected facilities with the software needed to file electronic submissions in January 1999 We propose to review the documents prepared by the City for submittal to the EPA as directed by 40 CFR 68, Subpart G These documents will be reviewed for accuracy and completeness of the required information prior to the City's certification where required Task B-2.4 Prevention Program In addition to the above referenced management procedures for the prevention program elements, we propose to assist in the implementation efforts for these elements, as follows ➢ Safety Information For each plant, we will review the compiled safety information for adequacy and completeness and provide one set of comments on the safety information HRES & RMP Task Descriptions ➢ Hazard Review The City can complete the hazard review using available checklists, however, we believe the City may want to complete the review with the assistance of someone experienced in hazard review We propose to assist the City in conducting and documenting its hazard review We will provide an experienced hazard review leader and scribe to conduct the hazard review with the participation of plant operations, maintenance, engineering, and safety/environmental representatives ➢ Operating Procedures We will review the format and general content of operating procedures We will also review the types of procedures developed to verify that appropriate operating phases are included ➢ Training We will make recommendations as to the content of a syllabus and schedule for a training program and sources of training materials To reduce the effort required to develop the training program, we will use available manufacturers training matenals to the extent possible and include training on the developed operating procedures as well as the hazards involved with operating the system We will review training materials developed by the City ➢ Maintenance Facilities must implement a maintenance program that includes a comprehensive testing and inspection program, written maintenance procedures and maintenance training We will review the compiled list of equipment subject to the maintenance program requirements to verify that all critical equipment types are included (e g container hoists) We will review and provided one set of comments on the identified testing and inspection program requirements ➢ Compliance Audit No additional tasks are required in the initial development and implementation beyond review of the management procedure discussed earlier The City may want to include effort after complete implementation for us to audit detailed implementation (e g , completion of maintenance and associated recordkeeping) HRES & RMP Task Descriptions 10 ➢ Incident Investigation No additional tasks are required in the initial development and implementation beyond review of the management procedure discussed earlier Task B-2.5 Emergency Response Program We anticipate that the City will revise the Emergency Action Plans (EAPs) based upon the evaluation and action items identified in the gaps analysts task We will review and provide one set of comments on the revised emergency action plans HRES & RMP 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O > m Oa D O L ON O 1N o day �p a c > �F 0 rnEoc W < Z o �. c o 7 C O N N W � O C O O N 3 � Y 2