HomeMy WebLinkAboutContract 38660CITY SECRETARY
CONTRACT NO. 3
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH (the "City"), a home rule
municipal corporation situated in portions of Tarrant, Denton and Wise Counties,
Texas, acting by and through Fernando Costa, its duly authorized Assistant City
Manager, and CP&Y, Inc. ("Consultant"), a Texas corporation and acting by and
through Michael S. Hartzler, P.E., Principal,
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional consulting
services for the purpose of updating the City's Risk Management Plan, to include an
Accidental Release Prevention Program and an Offsite Consequence Analysis
pursuant to all applicable state and federal laws and regulations. Such work shall be
done pursuant to the Scope of Work as shown in Exhibit "A," and attached hereto
and incorporated for all purposes incident to this Agreement.
2. TERM.
This Agreement shall commence upon the date all parties have executed this
Agreement ("Effective Date") and shall expire one hundred and fifty (150) days from the
date the City issues written notice to Consultant to proceed, unless terminated earlier in
accordance with the provisions of this Agreement.
3. COMPENSATION.
i
The City shall pay Consultant an amount not to exceed $116,600.00 in
accordance with the provisions of this Agreement and the Payment Schedule attached
as Exhibit "B," which is incorporated for all purposes herein. Consultant shall not
perform any additional services for the City not specified by this Agreement unless the
City requests and approves in writing the additional costs for such services. The City
shall not be liable for any additional expenses of Consultant not specified by this
Agreement unless the City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for
any reason by providing the other party with 30 days written notice of
termination.
OrJHUAL RECORD
CITY SECRETARY
FTX
orm Services Agreern t`T��
CP&Y, Inc.
Page 1 of 11
ORIGINAL
4.2 Non -appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in
any fiscal period for any payments due hereunder, City will notify Consultant of
such occurrence and this Agreement shall terminate on the last day of the fiscal
period for which appropriations were received without penalty or expense to the
City of any kind whatsoever, except as to the portions of the payments herein
agreed upon for which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration
Date, the City shall pay Consultant for services actually rendered up to the
effective date of termination and Consultant shall continue to provide the City
with services requested by the City and in accordance with this Agreement up
to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure
in writing of any existing or potential conflicts of interest related to Consultant's
services under this Agreement. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Consultant hereby agrees immediately to make full
disclosure to the City in writing. Consultant, for itself and its officers, agents and
employees, further agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the
prior written approval of the City. Consultant shall store and maintain City Information
in a secure manner and shall not allow unauthorized users to access, modify, delete
or otherwise corrupt City Information in any way. Consultant shall notify the City
immediately if the security or integrity of any City information has been compromised
or is believed to have been compromised.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and records of the
consultant involving transactions relating to this Contract at no additional cost to the
City. Consultant agrees that the City shall have access during normal working hours
to all necessary Consultant facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this section.
The City shall give Consultant reasonable advance notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements
hereunder a provision to the effect that the subcontractor agrees that the City shall,
until expiration of three (3) years after final payment of the subcontract, have access
Form Services Agreement
CP&Y, Inc.
Page 2 of 11
to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records of such subcontractor involving transactions related to
the subcontract, and further that City shall have access during normal working hours
to all subcontractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this paragraph.
City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an
independent contractor as to all rights and privileges granted herein, and not as agent,
representative or employee of the City. Subject to and in accordance with the
conditions and provisions of this Agreement, Consultant shall have the exclusive right
to control the details of its operations and activities and be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Consultant acknowledges that the doctrine of respondeat superior
shall not apply as between the City, its officers, agents, servants and employees, and
Consultant, its officers, agents, employees, servants, contractors and subcontractors.
Consultant further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Consultant.
8. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND
ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights
Form Services Agreement
CP&Y, Inc.
Page 3 of 11
under this Agreement without the prior written consent of the City. If the City grants
consent to an assignment, the assignee shall execute a written agreement with the City
and the Consultant under which the assignee agrees to be bound by the duties and
obligations of Consultant under this Agreement. The Consultant and Assignee shall be
jointly liable for all obligations under this Agreement prior to the assignment. If the City
grants consent to a subcontract, the subcontractor shall execute a written agreement
with the Consultant referencing this Agreement under which the subcontractor shall
agree to be bound by the duties and obligations of the Consultant under this
Agreement as such duties and obligations may apply. The Consultant shall provide the
City with a fully executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide the City with certificates) of insurance documenting
policies of the following minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per person per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the
employees, agents, representatives in the course
services under this Agreement. "Any vehicle" shal
owned, hired and non -owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$1003000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Consultant, its
of the provg
I be any vehicle
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers'
Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and
Form Services Agreement
CP&Y, Inc.
Page 4 of 11
minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
(d) Technology Liability (Errors & Omissions) [or other professional
liability coverage
depending on type of
agreement]
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Technology coverage may be provided through an endorsement to
the Commercial General Liability (CGL) policy, or a separate policy
specific to Technology E&O. Either is acceptable if coverage
meets all other requirements. Coverage shall be claims -made, and
maintained for the duration of the contractual agreement and for
two (2) years following completion of services provided. An annual
certificate of insurance shall be submitted to the City to evidence
coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Consultant has
obtained all required insurance shall be delivered to the City prior to
Consultant proceeding with any work pursuant to this Agreement. All
policies shall be endorsed to name the City as an additional insured
thereon, as its interests may appear. The term City shall include its
employees, officers, officials, agent, and volunteers in respect to the
contracted services. Any failure on the part of the City to request required
insurance documentation shall not constitute a waiver of the insurance
requirement. A minimum of thirty (30) days notice of cancellation or
reduction in limits of coverage shall be provided to the City. Ten (10) days
notice shall be acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto Consultant's insurance policies. Notice
shall be sent to the Risk Manager, City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney
at the same address.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Consultant of any violation of
such laws, ordinances, rules or regulations, Consultant shall immediately desist from
and correct the violation.
Form Services Agreement
CP&Y, Inc.
Page 5 of 11
12. NON=DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the
performance of Consultant's duties and obligations hereunder, it shall not discriminate
in the treatment or employment of any individual or group of individuals on any basis
prohibited by law. If any claim arises from an alleged violation of this non-discrimination
covenant by Consultant, its personal representatives, assigns, subcontractors or
successors in interest, Consultant agrees to assume such liability and to indemnify and
defend the City and hold the City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when (1) hand -delivered to the other
party, its agents, employees, servants or representatives, (2) delivered by facsimile
with electronic confirmation of the transmission, or (3) received by the other party by
United States Mail, registered, return receipt requested, addressed as follows:
To The CITY:
City of Fort Worth
Attn: Paul Bounds
1000 Throckmorton
Fort Worth, TX 76102-6311
Facsimile: (817) 392-8654
14. SOLICITATION OF EMPLOYEES.
To CONSULTANT:
CP&Y, Inc.
Attn: Michael F. Graves, PE
115 West 7t" Street, Suite 1500
Fort Worth, TX 76102
Facsimile: (817) 3544935
Neither the City nor Consultant shall, during the term of this agreement and
additionally for a period of one year after its termination, solicit for employment or
employ, whether as employee or independent contractor, any person who is or has
been employed by the other during the term of this agreement, without the prior written
consent of the person's employer.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does
not waive or surrender any of its governmental powers.
16. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not
constitute a waiver of the City's or Consultant's respective right to insist upon
appropriate performance or to assert any such right on any future occasion.
Form Services Agreement
CP&Y, Inc.
Page 6 of 11
1 to GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the internal laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, is brought on
the basis of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired.
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any
delay or omission in performance due to force majeure or other causes beyond their
reasonable control (force majeure), including, but not limited to, compliance with any
government law, ordinance or regulation, acts of God, acts of the public enemy, fires,
strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and
revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the
interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS / MODIFICATIONS / EXTENSTIONS.
No extension, modification or amendment of this Agreement shall be binding
upon a party hereto unless such extension, modification, or amendment is set forth in a
written instrument, which is executed by an authorized representative and delivered on
behalf of such party.
Form Services Agreement
CP&Y, Inc.
Page 7 of 11
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and
agreement between the City and Consultant, their assigns and successors in interest,
as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision
of this Agreement.
24. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the
authority to execute this agreement on behalf of the respective
binding authority has been granted by proper order, resolution,
authorization of the entity. The other party is fully entitled to rely
representation in entering into this Agreement.
IN WITNESS WHERE F, the parties hereto
on this �� day of ,,. s , 2009
CITY OF FORT WORTH:
Fernando Costa
Assistant City Manager
Date: T�O9
ATTEST:
By:
Marty Hendrix
City Secretary
APPROVED
LEGALITY:
Form Services Agreement
CP&Y, Inc.
Page 8 of 11
FORM AND
party, and that
or or
such
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legal
othe
on this warranty and
have executed this Agreement in triplicate
ramN
MbL .
Assistant City Attorney
CONTRACT AUTHORIZATION:
CP&Y, INC.:
By:
Principal
Date:
WITNESS:
E
■
SCOPE OF SERVICES
The work described in the attachment generally refers to the following engineering activities for
the Holly Water Treatment Plants, Rolling Hills Water Treatment Plant, Eagle Mountain Water
Treatment Plant, and Village Creek Wastewater Treatment Plant:
1. Update Accidental Release Prevention Program (ARPP) Manual for the applicable
chemical facilities at each plant
2. Update offsite consequence analysis (OCA) for the applicable chemical facilities at each
plant
3. Prepare updated Risk Management Program (RMP) to be submitted to EPA for the
applicable chemical facilities at each plant
4. Update Chemical Spill Response Plan (CSRP) Manual for each plant
5. Provide assistance in organizing information associated with updating the PC -Compliance
Training Management Software
6. Provide a workshop to present guidance for implementation of ARPP
BASIC SERVICES TASK YTENiS
Project Background
To comply with 40 CFR - Chapter I -Part 68, the original RMP was completed by the Engineer
for RMP-covered facilities in June 1999 and the first update was completed by June 2004. In
accordance with the 5-year update requirement by the regulations, the next update is required
by June 2009. Tasks proposed in this contract include work required to complete the updates
and resubmit the revised information to EPA.
Per requests by the City, the following engineering services are also needed in updates of the
1994 CSRP manuals, corrections of the inconsistencies in the EORP with the updated ARPP
manuals, and assistances in organizing information associated with updating the PC -Compliance
TMS.
Scope of Services
As part of the professional services required for completion of this project, the Engineer will
perform the following tasks:
Task A-1. Meetings, Data and Information Collection and Review
Attachment A Page 1
April 8, 2009
Engineer will collect and review data and information that is related to any concerning changes
at each plant since the completion of the original ARPP manuals. Engineer will also base
findings on interviews with City staff and visual inspections in case data and information is not
available from the City.
A kick-off meeting will be organized for the project. In the meeting, CP&Y will present project
objectives, approach, and schedule as well as introduce engineers who will be involved in the
project. The City will introduce the personnel who will be work with on the project.
A maximum of six (6) progress meetings will be conducted on a monthly basis to coordinate the
work between the Engineer and the City.
Task A-2. Updates of Accidental Release Prevention Program Manuals
1. Engineer will update the ARPP Manual for the following facilities:
a. South Holly WTP
b. North Holly WTP
c. Rolling Hills WTP
d. Eagle Mountain WTP
e. Village Creek WWTP
2. Work performed by the Engineer associated with this task will include the following:
a. Review previous ARPP manuals.
b. Evaluate the effectiveness and update the contents based on the latest "General
Guidance on Risk Management Programs for chemical Accident Prevention (40
CFR Part 68)" by USEPA in April 2004.
c. Prepare and submit a draft ARPP manual for each plant to the City for review
and comment.
d. Revise the ARPP manuals as necessary to incorporate City's comments and
submit the final ARPP manuals to the City.
Deliverable: Draft and Final ARPP Manuals for each plant.
Task A-3. Update of Offsite Consequence Analyses
1. Engineer will update the OCAs for the following facilities:
a. South Holly WTP
b. North Holly WTP
Attachment A Page 2
April 8, 2009
c. Rolling Hills WTP
d. Eagle Mountain WTP
e. Village Creek WWTP
2. Work performed by the Engineer associated with this task will include the following:
a. Review previous OCA reports.
b. Due to major process changes that have occurred at the Eagle Mountain Water
Treatment Plant since 1999, accidental release scenarios need to be re -modeled
for the applicable chemical facilities at the plant. Engineer will review data and
information concerning to process changes and develop accidental release
scenarios for each regulated chemical. Engineer will perform OCA for each
release scenario using Aloha@ modeling software. In case the impact distance
predicted by Aloha@ exceeds the of 6-mile cut-off limit, the look -up tables
contained in `General Guidance on Risk Management Programs for chemical
Accident Prevention (40 CFR Part 68)" by USEPA will be used to determine the
impact distance.
c. Release scenarios with the new chlorine building at the Rolling Hills WTP have be
included as future process modifications in the previous OCA models in 1999.
Engineer will verify the effectiveness of the scenarios developed in the previous
reports. No re -modeling is therefore included in this service proposal.
d. Engineer understands from conversations with City staff that no significant
modifications associated with the applicable storage tanks and facilities have
occurred since June 1999 at South Holly WTP, North Holly WTP, and Village
Creek WWTP. Engineer therefore assumes that no re -modeling is required for
these three facilities. If modifications are discovered during the OCA updates
that result in the Engineer having to re -model the OCA impact area, additional
Engineering services will be required.
e. Re-evaluate the offsite impacts for each release scenario at each facility using
LandView° 6 by U.S. Census Bureau and USGS in January 2004.
f. Prepare a draft technical memorandum to present OCA findings and submit the
draft technical memorandum to the City for review and comment.
g. Revise the technical memorandum as necessary to incorporate City's comments
and submit the final technical memorandum to the City.
Deliverable: Draft and Final OCA Technical Memorandums for the Eagle Mountain
1NTP.
Attachment A Page 3
April 8, 2009
Task A-4. Risk Management Plan Submittal to EPA
1. Engineer will update the RMP Submittals to EPA for the following facilities:
a. South Holly WTP
b. North Holly WTP
c. Rolling Hills WTP
d. Eagle Mountain WTP
e. Village Creek WWTP
2. Work performed by the Engineer associated with this task will include the following:
a. Collect necessary data and information from City personnel necessary to update
the RMP Submittals.
b. Update the previous RMP Submittals for each plant and submit the draft
document to the City for review and comment.
c. Review the submittal to incorporate City's comments and deliver the final
submittal file both to the City and EPA.
Deliverable: Draft and Final RMP Subrr�ittals f®r each Plant.
Task A-5. Omitted
Task A-6. Updates of Chemical Spill Response Plan Manuals
1. Engineer will update the CSRP Manual for the following facilities:
a. South Holly WTP
b. North Holly WTP
c. Rolling Hills WTP
d. Eagle Mountain WIP
e. Village Creek WWTP
2. Work performed by the Engineer associated with this task will include the following:
a. Review previous CSRP manuals.
b. Update chemical facility plan, response equipment plan, site evacuation plan, and
notification information for each plant.
Attachment A Page 4
April 8, 2009
c. Prepare and submit a draft CSRP manual for each plant to the City for review
and comment.
d. Revise the ARPP manuals as necessary to incorporate City's comments and
submit the final CSRP manuals to the City.
Deliverable: Draft and Final CSRP Manuals for each plant.
Task A-7. Assistance with Updating the PC -Compliance Training Management Software
1. Compile Master Training Course List - Mehta West Brashear Group LLC (MWB) will
compile a list of training courses, specific to each plant , and ensure that the training
management software (TMS) is up to date with current course information and
nomenclature.
2. Compile and Affected Employee List Against Existing Documentation -MWB will visit the
plant sites if necessary and compile a list of all employees affected by training
requirements and verify existing documentation of completed training courses. MWB
will also update the TMS with this data.
3. Village Creek Plant Update -MWB will update the training documentation system
specifically as it relates to the Village Creek Plant and bring it to the same level of
compliance as the other plant sites.
4. RMP Requirements and Recommendations -MWB will study the federal RMP
requirements and determine what existing courses may meet these requirements and
make recommendations for additional courses if necessary.
5. Update TMS and Create Refresher Training Schedule and Reminders -MWB will spend
necessary time understanding the TMS to ensure that it is up to date with the existing
data, and ensure the customer has the ability to easily generate lists of completed
training courses by employees. MWB will also create a refresher coursed list and
schedule, including setting up the TMS to generate automated reminders for maintaining
training compliance.
6. Evaluate Need for Training Management Software Upgrade -MWB will evaluate the
need for TMS upgrade based on the current software's ability to perform the required
task, compatibility with other current software and operating systems, and
supportability. MWB will also research what advantages and additional functionality
could be gained by the acquisition of an up to date TMS package. Further assistance
with implementing an updated software package will require additional services.
Deliverables
a. Written Project Memorandum that includes:
Attachment A Page 5
April 8, 2009
i. Completed Master Training List
ii. Affected Employee List
Documentation Verifying Employee Training for all Applicable Plant
Personnel
iv. Recommendations for Additional Training Courses
b. Update the TMS database with the relevant information from the Memorandum
Task A-8. Workshop
1. Engineer will provide a workshop to present guidance for implementation of ARPP.
2. Work performed by the Engineer associated with this task will include the following:
a. Review and summarize important guidance information contained in the "General
Guidance on Risk Management Programs for chemical Accident Prevention (40
CFR Part 68)" by USEPA.
b. Prepare a draft and submit a draft agenda for the workshop to the City for
review and comment.
c. Revise the agenda as necessary to incorporate City's comments.
d. Prepare a draft handout in accordance with the revised agenda and submit the
draft handout to the City for review and comment.
Project Schedule
Engineer will complete the above tasks within 150 days of receiving a notice to proceed from
the City. Priority will be given to completing Task A-4 prior the EPA submittal deadline in June
2009.
Attachment A Page 6
April 8, 2009
EXHIBIT B
COMPENSATION
I BASIC ENGINEERING SERVICES
For engineering services under Attachment A, the "City" shall pay the "Engineer" an amount not
to exceed $116,600
A. Payment: Partial payment shall be made monthly upon receipt of an invoice from the
Engineer based on the percent complete of each task outlined in Attachment A. Basis of
payment for Basic Engineering Services is shown in Exhibit &1.
B. Timeliness: Lump sum fees are based on the City providing a notice to proceed for each
phase of the work within two months of the contract date. If a notice to proceed is not
provided within two months of the contract date, the Engineer has the option to
renegotiate the lump sum fee and hourly billing rates, however all such revised fees and
rates must be agreed to in written by both parties. If such an agreement cannot be
made then the City may terminate this Agreement as provided herein.
Attachment B Page 7
April 8, 2009
I :Ml3if w�7
COST SUMMARY
Tasks
Engineering
MWBE
MWBE
Costs
Fee
MWBE
Task A-1: Kick -Off Meeting, Data
and Information Collection and
$5,500
$0
0.0%
Review
Task A-2: Updates of Accidental
LA Blueline
$1,400
Release Prevention Program
$24,900
11.0%
Manuals
DFW Publishing
$1,350
Task A-3: Update of Offsite
LA Blueline
$400
Consequence Analyses
$17,800
DFW Publishing
$900
7 3%
Task A-4: Risk Management Plan
Submittal to EPA
$10,800
$0
0.0%
Task A-5 Omitted
0
0
0
Task A-6: Updates of Chemical
LA Blueline
$900
Spill Response Plan Manuals
$24,500
DFW Publishing
$1,000
7.8%
Task A-7: Assistance with
Updating the PGCompliance
$27,200
MWB Group
$19,700
72.4%
Training Management Software
Task A-8: Workshop
$5,900
$0
0.0%
Total
$116,600
$25,650
22.0%
Attachment B Page 8
April 8, 2009
Iv1&C Review
Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
F{7RT V�ORTN
-`-
COUNCIL ACTION: Approved As Amended on 4/7/2009 -Change Name to C,P & Y instead of
Chiang, Patel and Yerby
DATE:
CODE:
SUBJECT
4/7/2009
C�
REFERENCE NO.: C-23433
TYPE:
NON -CONSENT
LOG NAME:
PUBLIC
HEARING:
60ARPP AND
OCA
NO
Award of Engineering Contract to Chiang, Patel and Yerby in the Amount of
$116,600.00 for Updates to the Fort Worth Water Department's Risk Management Plar
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with
Chiang, Patel and Yerby in the amount of $116,600.00 to update the Risk Management Plan for the
Water Department's water production and wastewater treatment plants.
DISCUSSION:
Under the Environmental Protection Agency's (EPA) regulations water and wastewater facilities
utilizing hazardous chemicals are required to develop a Risk Management Plan (RMP) which
includes an Accidental Release Prevention Program (ARPP) and an Offsite Consequence Analysis
(OCA). An update of the RMP is required every five years. The Fort Worth Water Department
submitted the original RMP, ARPP and OCA in June 1999. The first updates were completed in June
2004, and the next updates are due June 2009.
Under the proposed contract Chiang, Patel and Yerby, Inc., will update the ARPP Manuals for each
facility, update the OCA for each facility, submit the updated RMP's to EPA, provide assistance in
organizing information associated with tracking training requirements under the RMP and provide a
workshop to present recommendations for implementation of the revised ARPP. The proposed scope
of services will be completed for an amount not to exceed $116,600.00.
Chiang, Patel and Yerby, Inc., is in compliance with the City's M/WBE Ordinance by committing to 2:
percent M/WBE participation on this project. The City's goal on this project is 22 percent.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available, as appropriated, in th
current operating budget of the Water and Sewer Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
FROM Fund/Account/Centers
PE45 531200 0602501 $87,450.00
PE45 531200 0702501 $29,150.00
Fernando Costa (6122)
S. Frank Crumb (8207)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=11386&councildate=4/7/2009 OS/13/2009
M&C Review
Page 2 of 2
Additional Information Contact:
ATTACHMENTS
Paul Bounds (8567)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=11386&councildate=4/7/2009 OS/13/2009