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1998-335 ORDINANCE NO 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 C~ty Manager is hereby authorized to execute a Profesmonal Services Agreement with Carollo Engineers, P C for Denton's Hazard Reduct~on/Ehm~natlon Study and Assistance with Risk Management Plan Preparation for Water and Wastewater Plants, substantially ~n the form of the Agreement whmh is attached hereto and ~ncorporated herren by reference. SECTION II That the expenditure of funds as provided ~n the attached agreement ~s hereby authorized SECTION III. That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the ~ day of (/~ ~eff~ ,1998 JAC~ILLER, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY APRlkDVED AS TO LEGAL HERBERT L PROUTY, CJ~Y 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 ~s made and entered ~nto as of the (~ ~ day of (~L/Zg~P_4e'' , 19 ~ _, by and between the City of Denton, Texas, a Texas mumclpal corporation, with its pnnc~pal office at 215 East McKlnney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Carollo Engineers, P C, with ~ts corporate office at 5440 Harvest Hill Road, Suite 237, Dallas, Texas 75230, hereinafter called "CONSULTANT," acting here~n, by and through thexr duly authorized representatives WITNESSETH, that m 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 wflh the CONSULTANT, as an ~ndependent contractor, and the CONSULTANT hereby agrees to perform the services here~n ~n connection w~th the Project as stated ~n the sections to follow, w~th dlhgence and ~n accordance w~th the professional standards customarily obtained for such services m the State of Texas The professional servmes set out herem are ~n connection w~th the following described project The Project shall ~nclude, without hm~tat~on, a Hazard Reductmn/Ehmlnat~on Study (HRES) and Assistance w~th a risk Management Plan Study (RMP) The purpose of the HRES ~s to evaluate options to reduce the risks assocmted wtth hazardous chemmals or eliminate the risks totally by using non-hazardous chemicals for the d~s~nfectlon processes Th~s port~on of the study will be conducted primarily for the water treatment plant, however, an evaluatton of the ex~st~ng d~smfectton process will be conducted for the wastewater treatment plant The RMP pomon of flus study wall consist of assistance and rewew of the C~ty prepared Rask 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 terms 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 Basle Services, are described as follows A Dunng 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 Prepanng apphcatlons and supporting documents for government grants, loans, or planning advances and providing data for detailed apphcations E Appeanng before regulatory agencies or courts as an expert witness in any htlgatlon with third parties or condemnation proceedings arising from the development or construction of the ProJect, including the preparation of englneenng data and reports for assistance to the OWNER F Providing geotechmcal 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 ~n accordance w~th 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" whmh 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 mount consists of a lump sum not-to-exceed amount of $36,269 for the Hazard Reduction/Elimination Study, based upon monthly bllhngs 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 Pdsk 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 h~s designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the t~me a statement is rendered The OWNER may withhold the final five percent (5%) of the contract amount untd completion of the ProJect Page 3 Nothing contained ~n this Arhcle shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or whmh is not submitted ~n comphance w~th the terms of this Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT when the CONSULTANT is tn 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 whmh would require additional payments by the OWNER for any charge, expense, or reimbursement above the mammum 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 "Adtht~onal Services," without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For addmonal 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 tn accordance with subsection B hereof Statements shall not be submitted more frequently than monthly D PAYMENT If the OWNER ftuls to make payments due the CONSULTANT for serwces and expenses w~thln s~xty (60) days after receipt of the CONSULTANT's tmd~sputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the stud sixtieth (60th) day, and, ~n addition, the CONSULTANT may, after g~wng seven (7) days' written notice to the OWNER, suspend services under th~s Agreement until the CONSULTANT has been ptud tn full all amounts due for servmes, expenses, and charges, provided, however, nothing herein shall reqmre the OWNER to pay the late charge of one percent (1%) set forth herein tf the OWNER reasonably determines that the work is unsatisfactory, tn accordance with this Artmle V, "Compensation" ARTICLE VI OBSERVATION AND REVIEW OF TItE 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 ~s entitled to retain cop~es of all such documents The documents prepared and Page 4 furnished by the CONSULTANT are antended only to be applicable to thas ProJect, and OWNER's use of these documents an other projects shall be at OWNER's sole risk and expense In the event the OWNER uses any of the anformataon or materials developed pursuant to thas Agreement m another project or for other purposes than specified hereto, CONSULTANT as released from any and all habfllty relating to their use ~n that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall prowde services to OWNER as an ~ndependent contractor, not as an employee of the OWNER CONSULTANT shall not have or clmm any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall lndemmfy and save and hold harmless the OWNER and its officers, agents, and employees from and agmnst any and all habahty, claims, demands, damages, losses, and expenses, ancludang, but not hmlted to court costs and reasonable attorney fees incurred by the OWNER, and mcludang, without hmitataon, damages for bodaly and personal anjury, death and property damage, resulting from the neghgent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees an the execution, operation, or performance of thas Agreement Notbang in th~s Agreement shall be construed to create a habdaty to any person who is not a party to thas Agreement, and nothang herean shall wmve any of the parties' defenses, both at law or eqmty, to any claim, cause of action, or htigataon filed by anyone not a party to thas Agreement, ~ncludmg the defense of governmental ammumty, whach defenses are hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the services under thas Agreement, CONSULTANT shall matntaln the following ~nsurance with an insurance company hcensed to do busaness an the State of Texas by the State Insurance Commlssaon or any successor agency that has a ratang wath Best Rate Carrlers of at least an A- or above A Comprehensive General Lmb~hty Insurance wah boddy anjury hm~ts of not less than $500,000 for each occurrence and not less than $500,000 ~n the aggregate, and wath property damage hmlts of not less than $100,000 for each occurrence and not less than $1,00,000 m the aggregate B Automobile Lmbthty Insurance with bodily ~njury hm~ts of not less than $500,000 for each person and not less than $500,000 for each acmdent, and wath property damage hmlts of not less than $100,000 for each acmdent 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 Llablhty Insurance w~th hmlts 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 tturty (30) days' prior written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute pohcles 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 dtspute to arbltratton or other means of alternate dtspute resolution, such as mediation No arbitration or alternate dispute resolution arising out of or relating to this Agreement, ~nvolvmg one party's disagreement, may Include the other party to the disagreement without the other's approval ARTICLE XII TERlVlINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, e~ther party may terminate by g~vmg thirty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or ~n part in the event of either party substantially falling to fulfill Its obhgat~ons under this Agreement No such termtnatlon will be affected unless the other party ts given (1) written notice (dehvered by certified mall, return receipt requested) of intent to tenmnate 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 w~th 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 servmes and shall render a final bill for services to the OWNER within thirty (30) days after the date of termlnatmn The OWNER shall pay CONSULTANT for all servmes properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Amcle V "Compensation" Should the OWNER subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate in prowdlng lnformanon The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this P~e6 Agreement to the OWNER on or before the date of termination, but may matntmn copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constaute, nor be deemed a release of the responstbdtty and habthty 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 respons~bdtty by the OWNER for any defect tn the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, commumcattons, and reports required or permitted under this Agreement shall be personally dehvered or mmled to the respective parties by depositing same in the United States mml to the address shown below, cemfied mml, return receipt requested, unless otherwise specffied heroin Mmled notmes shall be deemed communicated as of three (3) days' mathng To CONSULTANT To OWNER Glen Mtddleton, Texas Area Manager City of Denton Carollo Engmeers, P C Howard Martin 5440 Harvest Hill Road Assistant City Manager/Utdates State 237 215 East McKmney Dallas, Texas 75230 Denton, Texas 76201 All notmes shall be deemed effective upon receipt by the party to whom such notice ts given, or within three (3) days' mathng ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 10 pages and 1 exhibit, constautes the complete and final expression of the agreement of the parties, and ts intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, commumcatlons, and agreements which may have been made tn 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 invahd or unenforceable, it shall be considered severable from the remmnder of this Agreement and shall not cause the remainder to be lnvahd 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 apphcable 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 w~th the OWNER CONSULTANT shall inform the OWNER of any conflict of ~nterest or potentml conflict of interest that may arise dunng the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under ~ts superv~sion 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) w~thout the prior written consent of the OWNER Page 8 ARTICLE XXI MODIFICATION No wmver or modification of this Agreement or of any covenant, condition, or hmitatlon herein contained shall be vahd unless ~n writing and duly executed by the party to be charged therewith, and no evidence of any wmver or modfficatlon shall be offered or received m ewdence in any proceeding arising between the part~es hereto out of or affecting this Agreement, or the rights or obhgatlons of the parties hereunder, and unless such wmver or modfficat~on is m writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth hereto ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of th~s Agreement Exhibit "A" B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under th~s Agreement, have access to and the right to examine any d~rectly pertinent hooks, documents, papers, and records of the CONSULTANT ~nvolvmg transactions relating to th~s Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facilities and shall be prowded adequate and appropriate working space In order to conduct au&ts in comphance with this section OWNER shalt give CONSULTANT reasonable advance notme of intended audas C Venue of any suit or cause of action under tlus Agreement shall lie exclusively ~n Denton County, Texas This Agreement shall be construed tn accordance w~th 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 hsted ~n the organization chart included tn Exhibit "A" However, nothing herein shall limit CONSULTANT from using other qualified and competent members of ~ts firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects w~th all apphcable d~spatch, in a sound, economical, and efficient manner and in accordance with the prows~ons hereof In accomphsh~ng the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coor&nated w~th related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal all avmlable 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 ~n 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 ~nformatlonal purposes only, and shall not ~n any way affect the substantive terms or con&t~ons of th~s Agreement 1N WITNESS HEREOF, the City of Denton, Texas has caused th~s Agreement to be executed by its duly authorized City Manager, and CONSULT~AI~,~ has executed..Ihls Agreement throu ~ts duly authorized undersigned officer on th~s the ~ -- day of ~-gPt~(°/f- , 19~ CITY OF DENTON, TEXAS 'tMich'a;1 W ~ez, CIT~q~[NAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY . _ HERBERT L PROUTY, CITY ATTORNEY ddleton/ WITNESS S \Our D ~e a ~ e ~ronir a~c*r olio engmee~ do~ Page 10 EXHIBIT "A" Scope of Engineering Services Task Descriptions This project consists of two parts a Hazard Reduction/Ehm~nation Study (HRES) and Assistance with a Risk Management Plan Study (RMP) The purpose of the HRES ts 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 ex~stmg 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/Ehrmnatlon Study and the Risk Management Plan Study with the objective, descnpnon, deliverables, and assumptions for each task Below is an outline of the major tasks we am proposing for this project Task Description Summary Task No Descnntlon A Hazard Reduction/Elimination Study B Risk Management Plan Study PROJECT TASK DESCRIPTIONS Task A - Hazard Reduction/Eliminamm btud Oblectlve Review and analyze the existing disinfection chemical systems to evaluate options to significantly reduce the potential hazards associated with the process chemicals or to ehm~nate the hazards totally by changing the type of chemicals used Descnotion 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 acmdental releases Identify and evaluate apphcabihty of alternative disinfection processes for the water treatment plant only Prepare a cost benefit analysis for each of the alternatives Dehvcrables Prepare a report presenting the data and analyses along with a recommendation for improvements or modifications to the ex~snng disinfection processes The following specific dehverables are identified HRES & RMP Task Descriptions I 1 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 2 Executive Summary - Provide an executive summary m both drat~ 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) 3 Power Point Shales - 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 tustoncal data regarding the chemical feed systems, existing drawings and existing ehemmal contract agreements Task A Sub-Tasks ~York Effort Descriptions' %ul)task -k-I Prolect Kickoll Conduct project ktckoffmeetmg 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 communlcatlon, 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, Camllo and subconsultants throughout the project including staffasslgnments and project roles, c) contract work plan including scope, schedule, budget, resource assignments and coord~nanon requirements, d) quality assurance and quality control plan, e) management tools and techniques, f) reporting requirements, g) ~ntormanon 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 ot Denton Project Manager for information purposes 3 Manage subconsuitants 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 cntmal data information missing from this ~nitial lntormation HR. ES & RMP Task Descriptions 2 Subtask A-2 Monthly Mauagement Provide schedule and cost control monthly updates for this project 2 Prepare monthly progress submittal and invoice 3 Manage subconsultants for on-going project coord~nation including collecting monthly mformat~on for progress reports and invoices Subtask A-3 Background Data S~te ws~ts and ~nspect~on of chemical storage and feed eqmpment used at each plant facd~ty These v~slts wdl ~nclude a review of the current operation and maintenance procedures, safety equipment, and employee tra~mng practices used at each location The design of each process, the age and condlt~on of all equipment, and the safety aspects involved w~th the transportation, unloading, storage, handling, and chenncal feed equipment used for &slnfect~on shall be evaluated w~th specffic recommendations for nnmm~zlng the potential for accidental releases from each process 2 Reqmred chlonne, ammoma, and sulfur d~ox~de use at each plant famhty The average and range of reqmred chemmal dosages will be detenmned from plant records Design dosages (lb/day) w~ll be estabhshed for each of the two plants' design capacities along w~th average dosages (lb/day) for normal plant flow conditions 3 Interviews with the City of Denton Utility staff to remew the potential impact of planned plant expansions, regulatory compliance issues, and other future conditions that could affect recommendations and cost estimates 4 S~te conditions and space constrmnts for each of the two plant sites will be reviewed to identify possible locations for the addition of scrubber facilities or other recommended ~mprovements to enhance the safety of the exisnng d~smfect~on processes S~te constraints and potential locations for the installation of altarnat~ve d~s~nfect~on process eqmpment shall also be evaluated Consideration wall be given to construction retrofit problems, chemmal and feed stock material transportation, storage and handling ~ssues, the installation or retrofit of chemical feed equipment, reqmred power supphes and ~nstmmentat~on for momtonng process control and safety HRES & RMP Task Descriptions 3 Subtask A-4 - Evaluation of the Existing Disinfection Processes I Recommendations for improving the ~afety and mimmlzing the potential for accidental chemical releases from each of the gaseous based dlslnfeetton processes used at each facility Considerations shall include as a minimum ~ Installations of scrubber systems for bulk chemical storage areas and chemical feed eqmpment buildings ~ Existing or proposed ~mprovements to active or passive mitigation or containment systems ~ Automatic sprinkler systems for fire suppresston or containment of accidental releases in chemical storage and feed areas ~' Modifications to existing eqmpment such as direct cylinder mount vacuum regulators, the convarszon of low pressure fed systems, or the installation of automattc shut down emergency isolation valves ~ Improvements to ventilation and exhaust fans within existing buildings ~' On-site and off-site ambient gas detection equipment Subtask [-5 - Ex aluatlon ot Xlternatlve Disinfection Pt ocesses Altematlve 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 m~mmum, these alternatives should be evaluated based upon an assessment of risk reduction and risk trade-offs, regulatory eomphance issues, process rehabdlty 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, dllutton system and temperature control strategies to minimize chlorate concentrations } On-site generation ofsodmm hypoehlonte with salt storage, brine make- up system, bnne 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 Dascnptions 4 Subtask A-6 - 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- Xltelnatlxe E~aluatlon 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 3 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 ~-8 - 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 %ubtask ~-9 - Deh~erables 4 Report - Five copies of a draft report will be prowded for review Following incorporation of the review comments, twenty copies of the final report will be provided HRES & RMP Task Descriptions 5 5 Executive Summary - An executive summary wall be provided tn both draf~ and final form The executive summary will be provided as a section of the report and as a stand-alone document (twenty cop~es of the final) 6 Power Point Slides - A series of Power Point slides suitable for use ~n a presentatmn to the city of Denton Public Utd~t~es Board and City Counml wall be provided which htghhght the elements of the study and recommendations The consultant wall make two presentatmns one to the Pubhc Utlhties Board and one to the C~ty Council Task B - Risk Management Plan Study OblecBve The purpose of the project is to assist tn developing Risk Management Plans (RMPlans) and Rask Management Programs (RMPrograms) for two City of Denton (The C~ty) treatment plants that comply w~th EPA Accidental Release Prevention reqmrements (40 CFR 68) Based on the RFP, our team understands that its role will be primarily one of technical assistance for the City Staff whmh will be developing the RMProgram elements wtth the gmdance of a consultant w~th experience developing RMPlans and RMPrograms Description Unhke many tradit~onal enwronmental and safety regulations, the OSHA PSM and EPA RMP rules are performance-based regulations derived from Industrial best management practices While the AWWARF guidance prowdes examples of program management procedures, it is our experience that an ~nflexlble, comphance-dnven approach to the PSM/RMP program that ~gnores emsting management processes results in unnecessary changes to existing roles, responsibd~t~es and procedures and h~dden costs We propose a skilled team of~nd~wduals that w~ll 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 trmned some of~ts staff to become more knowledgeable m risk management Nevertheless, th~s will be the C~ty's first effort to implement such a complex management program Based on our experience, we beheve that the City should use our team in the planning stages to ~dent~fy useable current programs and to help develop work tasks and schedules Once these tasks are defined, we can work with the C~ty personnel to develop the RMPlan and RMProgram by providing examples and advice as requested and by review of work products We suggest begmmng the project by conducting a gaps analysis of current programs, practmes, procedures and documentatmn that address the RMP Prevention Program and emergency response requirements For any ldentffied gaps, our Team will tdent~fy the tasks reqmred to ~mprove the safety management program and comply w~th the RMP role This will prowde a road map for City staff to guide their efforts HRES & RMP Task Descriptions 6 We w~ll provtde model management procedures and example formats for implementation products for the needed RMP elements City staffwdl then prepare s~te specific management procedures and implementation products We wtll review these products and prowde comments Deliverables None Assumnt~ons The City wall prepare all aspects of the RMP unless specffically identified ~n the scope below or requested by the City Task B Sub-Tasks V~ork Effort Descrtpttons Subtask B-I Gap Analwl~/-~CtlOn Plan We wall beg~n by assessing the existing programs and information against the RMP reqmrements to ~dentfi~ any gaps m existing management processes, procedures and program documentation The effort wdl consist of evaluating the current status of facility management processes, practmes, procedures and documentation against the requirements of 40 CFR 68 to determine where gaps ex~st We wall schedule a meeting at each plant or central document control location as necessary to rexqew relevant process and facd~ty documentatton to } Assess current operations and programs through detailed records rewew, on-site assessment, and staff tntervlews ~, Determine strengths and weaknesses of current programs and systems and smtabd~ty for reuse w~th or w~thont modfficatlon To facdltate the gaps analys~s, we propose to conduct a kickoff meeting / R/VIP workshop at the City of Denton offices The purpose of thts meeting / workshop is to introduce our team to the plant contacts and promde a detmled understanding of the project scope, the tnformat~on required to conduct the gaps analysm, and to become cognizant of any spemfic ~ssues or concerns at each of the plants Where possible, we would benefit from reviewing emstmg documents in advance of the s~te wslts to better prepare our schedule and interview questions and focus our on-stte tours and inspections so as to minimize impact on the C~ty employees' time and plant operations Prior to the kickoff, we will prowde a list of documents we will need to review dunng the course of the evaluation It is anticipated that each plant will collect th~s ~nformation and at a minimum have this ~nformatmn available at the start of the stte wsit HR. ES & RMP Task Descriptions 7 Where gaps are identified, we w~ll define the tasks required modify/enhance the existing elements for comphance wire the RMP regulations We will prepare one status report for both plants using the results of the gap analysis to identify m~ssmg 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 ~dentffied need, we currently assume that City staffwlll generate the work product and we will rewew them, however, the Action Plan will allow the City to dec,de if it wants us to complete certmn specialized tasks If so, we can develop estimates for the additional effort and costs, if any, required to develop the program elementhtem beyond that defined in this proposal Subtask B-2 Implementation Assistance We propose to provide and rewew with C~ty staff the example "Model RMP" management procedures and example formats for implementation products that can be used to address gaps m current programs We will be "on call" to City staff dunng their development of work products to provide adwce, as requested We will then rewew City RMProgram and RMPIan work products and suggest corrections or modifications, as necessary to meet the regulations or to make the program more easdy implemented We assume that the work products will be provided for review in three major lnstallments--I ) Management Procedures, 2) Hazard Assessment and R~sk Management Plan, and 3) Prevention Program and Emergency Response Program products The pnnclpal work products to be reviewed include Task B-2 1 Management Procedures We anticipate remewing management procedures for the following · Management System · Safety Information · Hazard Review · Operating Procedures · Training · Maintenance · Comphance Audits · Incident Investigation · Emergency Response HRES & RMP Task Descriptions 8 We assume that all management procedures will be reviewed at the same t~me Task B-2 2 Hazard Assessment We assume that the hazard assessments (both drai~ and finaB will be performed by the City staffbased on the AWWARF Model RMP We will rewew all worst case and alternative case release assessments using the gmdance in the AWWARF model RMP for water treatment plants and provide recommendatxons and one set of comments for the hazard assessments at each plant We will also rewew and comment on the compded information on five-year accident h~stones 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 ginned by using a consistent, EPA reviewed methodology but are also aware of the hm~tations in applHng the model RMP guidance to plants with scrubbers or confinement bmld~ngs We can take a more active role in evaluating the effect of confinement buildings, ff requested by the Cxty Task B-2 3 Pask Management Plan The EPA has pubhshed gmdance on the ~nformat~on that must be contmned in the RMPlan submission, including the required data elements and instructions for completing the RMPIan submission As currently scheduled, EPA plans to promde affected factht~es w~th the software needed to file electromc submissions in January 1999 We propose to review the documents prepared by the C~ty for submittal to the EPA as directed by 40 CFR 68, Subpart G These documents wall be rewewed for accuracy and completeness of the required ~nformatmn prior to the City's cemficat~on where reqmred Task B-2.4 Prevention Program In addition to the above referenced management procedures for the preventxon program elements, we propose to assist ~n the ~mplementatlon efforts for these elements, as follows } Safety Information For each plant, we will rewew the compiled safety information for adequacy and completeness and provide one set of comments on the safety ~nformatmn HRES & lIMP Task Descnpttons 9 ~ Hazard Review The C~ty can complete the hazard rewew using available checklists, however, we beheve the Cxty may want to complete the rewew w~th the assistance of someone experienced ~n hazard rewew We propose to assist the C~ty m conducting and documenting its hazard rewew We will provtde an experienced hazard rewew leader and scribe to conduct the hazard rewew wxth the partmxpatlon of plant operations, mmntenance, engmeenng, and safety/enwronmental representataves ~ Operating Procedures We will rewew the format and general content of operating procedures We will also rewew the types of procedures developed to verify that appropriate operating phases are ~neluded ~. Training We will make recommendatmns as to the content ora syllabus and schedule for a trmmng program and sources of trmmng materials To reduce the effort required to develop the traimng program, we will use avadable manufacturers trmmng materials to the extent possible and ~nclude trmmng on the developed operating procedures as well as the hazards revolved w~th operating the system We w~ll rewew trmmng materials developed by the C~ty } Maintenance Facdlt~es must ~mplement a mmntenance program that ~ncludes a comprehans~ve testing and inspection program, written maintenance procedures and maintenance trmmng We will rewew the compiled list of eqmpment subject to the mmntenanee program reqmrements to verify that all critical eqmpment types are ~ncluded (e g container hoists) We wdl rewew and prowded one set of comments on the Identified testing and inspection program reqmrements ~' Compliance Audit No additional tasks are required m the ~mt~al development and tmplementatmn beyond revtew of the management procedure chscussed earher The C~ty may want to tnclude effort after complete ~mplementat~on for us to audit detaded ~mplementat~on (e g, completmn of maintenance and assocmted recordkeeplng) HRES & RMP Task Descnptaons 10 ~ Incident Investigation No additional tasks are required in the lmtlal development and ~mplementat~on beyond rewew of the management procedure discussed earher Task B-2.5 Emergency Response Program We anticipate that the City will rewse the Emergency Action Plans (EAPs) based upon the evaluation and actxon ~tems identified m the gaps analysis task We will review and prowde one set of comments on the revised emergency action plans HRES & RMP Task Descriptions 11 0 0 0 0 oo ~ Exhibit B Payment for Services Hazard Reduct~on/Ehnunation Study and Risk Management Plan Study Total payment for servtces described tn Artmle II for the ProJect shall be an amount not to exceed $60,470 00 which mount conststs ora lump sum not-to-exceed mount of $36,269 00 for the Hazard Reduct~on/Ehmmatton Study, based upon monthly btllmgs based on a percentage of work completed, and a not-to-exceed amount of $24,201 00 for spectal tasks based upon monthly bflhngs at hourly rates described m Exhtbtt C, such specml tasks to be performed and prod only for the R~sk Management Plan port~on of the project Exhibit C Specmi Services Risk Management Plan Hourly Bflhng Rates Name/Cateeorv B~llmg Rate Glen M~ddleton $135 Peter Pughones~ $105 Dawd Bmrd $ 60