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