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CONTRACT N0. 61 gg g
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,Parker,Denton,and Wise Counties, Texas,as executed by Jesus"Jay"Chapa, its duly
authorized Assistant City Manager,and CP&Y,INC. ("Consultant"), a Texas Corporation, as executed by
John Minahan, its duly authorized Vice-President,each individually referred to as a"party"and
collectively referred to as the"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Scope of Services
3. Exhibit B—Payment Schedule
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.In the
event of any conflict between the documents,the terms and conditions of this Professional Services Agreement
shall control.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with updates to the Accidental Release Prevention
Program,Offsite Consequences Analysis,Risk Management Program and Emergency Response Plan Manuals.
Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of
Services,more specifically describing the services to be provided hereunder.
Consultant warrants that it will exercise reasonable skill, care and diligence in the performance of its
services and will carry out its responsibilities in accordance with customarily accepted professional practices
and applicable laws.
2. TERM.
This Agreement shall commence upon the date of full execution("Effective Date") and shall expire,
July 31, 2019, unless terminated earlier or extended in accordance with the provisions of this Agreement or
agreed upon by written amendment to this Agreement by both parties. Despite the term expiration date,
Consultant shall complete all tasks identified in Exhibit"A," Scope of Services,within 150 days of receiving
a notice to proceed from the City.
3. COMPENSATION.
The City shall pay Consultant an amount not to exceed $52,500 in accordance with the provisions of
this Agreement and the Payment Schedule shown in Exhibit 11B,"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 both parties approve in writing the additional scope, schedule, and costs for such services.
Either party may seek a change order for a change in scope, schedule and costs related thereto,which must be
agreed upon by both parties by a written amendment to this Agreement. The City shall not be liable for any
�1��oadditional expenses of Consultant not specified by this Agreement unless the City firs-approves-snch-ex
in writing. If there is any conflict between the terms of Exhibit `B," and this Section 3, this Section 3 shall
prevail.
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.
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 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 promptly to
make full disclosure to the City in writing upon its first knowledge of such conflict. 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, except to the extent that such disclosure is required by applicable law or court order and then only
after prior notice to and consultation with 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 promptly 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 Agreement, 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 Agreement 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 at least five
(5)business days' 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 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
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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.
The audit rights conferred by this section shall not permit the City to access records related to the
pricing of fixed-price or lump sum amounts, the build-up of agreed rates or unit prices, or Consultant's
estimating records.
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 RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS
CITY AND ITS OFFICERS,AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES,
CLAIMS, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE
ATTORNEY'S FEES AND EXPENSES, FOR PERSONAL INJURIES (INCLUDING DEATH) AND
THH2D-PARTY PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACT
OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT.THE
CONSULTANT SHALL NOT BE OBLIGATED OR LIABLE TO THE CITY FOR ANY CLAIM
ARISING IN CONNECTION WITH THIS AGREEMENT EXCEPT ITS OWN NEGLIGENCE THAT
IS THE FAULT OF THE CONSULTANT, AND/OR ITS AGENTS, EMPLOYEES, OR
SUBCONTRACTORS,OR OTHERS FOR WHOM CONSULTANT IS LEGALLY RESPONSIBLE.
NOTWITHSTANDING THE FOREGOING, CONSULTANT AGREES, TO THE FULLEST
EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS
OFFICERS, AGENTS AND EMPLOYEES AGAINST COSTS, DAMAGES, OR LOSSES,
INCLUDING REASONABLE ATTORNEYS'FEES AND EXPENSES,RESULTING FROM CLAIMS
BY THIRD PARTIES FOR PERSONAL INJURIES (INCLUDING DEATH) OR PROPERTY
DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF
CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE
PERFORMANCE OF PROFESSIONAL DESIGN AND ENGINEERING SERVICES UNDER THIS
AGREEMENT. CONSULTANT SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY
CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FOR THEIR RESPECTIVE
NEGLIGENCE OR WILLFUL MISCONDUCT.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement
without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall
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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, and Consultant shall have no further liability
or obligations under the assigned portion of the Agreement. If the City grants consent to a subcontract, the
Consultant shall require such subcontractor to execute a written agreement with the Consultant referencing this
Agreement and requiring subcontractor to be bound by duties and obligations substantially similar to those of
the Consultant under this Agreement as such duties and obligations may apply to the subcontractor's scope of
services. The Consultant shall provide the City with a fully executed copy of any such subcontract upon
request,with any financial and proprietary information redacted.
10. INSURANCE.
Consultant shall provide the City with certificate(s)of insurance documenting policies of the following
coverage limits that are to be in effect prior to commencement of any services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 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 occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Consultant, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned,hired and non-owned.
(c) Workers' Compensation
Statutory limits
Employers' liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
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 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) Professional Liability(Errors&Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
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Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional 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 services
pursuant to this Agreement. All policies except Workers' Compensation and Professional
Liability shall be endorsed to name the City as an additional insured thereon, as its interests
may appear. All policies except Professional Liability and Employers' Liability shall contain
a Waiver of Subrogation for the benefit of the City of Fort Worth.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 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,
200 Texas Street, Fort Worth, Texas 76102, with copies to the City Attorney at the same
address.
10.3 Waiver of Subrogation for Property Insurance.
The City and Consultant waive all rights against each other and their officers,officials,
directors, agents, or employees for damage covered by builder's risk insurance during and
after the completion of Consultant's services. If the services result in a construction phase
related to the project, a provision similar to this shall be incorporated into all construction
contracts entered into by the City,and all construction contractors shall be required to provide
waivers of subrogation in favor of the City and Consultant for damage or liability covered by
any construction contractor's policy of property insurance, including builder's risk provided
by such contractor,if applicable.
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 promptly desist from and correct the violation.
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.
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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: To CONSULTANT:
City of Fort Worth CP&Y Inc.
Attn: Chris Harder, Water Director Attn: Randy Bush, PE
200 Texas Street 115 West 7th Street, Suite 1500
Fort Worth TX 76102-6311 Fort Worth TX 76102
Facsimile: (817) 392-8195 Facsimile: (817)354-4935
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
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20. 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.
21. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
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.
22. ENTIRETY OF AGREEMENT.
This Agreement contains all of the covenants, statements, representations and promises agreed to by
the parties. To the extent of any conflict,this Agreement supersedes the terms,conditions,and representations
set forth in the City's Request for Proposals, Consultant's Proposal and revised cost. No agent of either party
has authority to make, and the parties shall not be bound by, nor liable for, any covenant, statement,
representation or promise not set forth herein. The parties may amend this Agreement only by a written
amendment executed by both parties.
23. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute this
agreement on behalf of the respective party, and that such binding authority has been granted by proper order,
resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this
warranty and representation in entering into this Agreement.
24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott
Israel during the term of the contract. The terms "boycott Israel"and"company" shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,
Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this $4 day
of 'V?bMCLY , 2019.
CITY OF FORT WORTH
By:
Jesus"Jay" Chapa
Assistant City Manager
OFFIUAL RF�1'ORD
CITY sfa-e 7 of 8 ;fir
FT WORTH TX
T: ..........
ATT
By. AU• z
Mary Kayser-vb� *`:
City Secretary
Date: XAS
APPROVED AS TO FORM AND LEGALITY:
B :
14 A A4, —fj IC4
vvv C sta R. Lopez- eynolds
Sr.Assistant City Attorne
No M&C Required
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
!�"A &4'e-,
Name of Employee
ktS � S�'C�w�
Title
CP&Y,INC.
By:
Date: t/ G��
WITNESS:
Print:�/3
OFFICIAL RECORD
CITY SECRETARY
FT. MgM TX
age o S
EXHIBIT A
Scope
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
AGREEMENT
WITH
CITY OF FORT WORTH
AND
CP&Y, INC.
FOR
UPDATES OF ARPPS, OCAS AND RMP SUBMITTALS
The work described in the exhibit generally refers to the following engineering activities for the Rolling
Hills Water Treatment Plant, Eagle Mountain Water Treatment Plant, and Village Creek Water
Reclamation Facility:
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 the Emergency Response Plan (ERP) manuals for each plant.
5. Provide a workshop to present guidance for implementation of ARPP
Project Background
To comply with 40 CFR—Chapter I—Part 68,the original Risk Management Program (RMP)was
completed by the Engineer for RMP-covered facilities in June 1999, and updates completed every 5
years in accordance with the 5-year update requirement by the regulations.The last RMP update was
completed in June 2014 and the next future update is due in June 2019.
In addition to regular updates needed due to the 5-year revision cycle,the ARPP manuals require
revision to comply with the new EPA RMP Rule. On January 13, 2017,the USEPA published a revision to
40 CFR Part 68, amending the RMP program regulations seeking to improve chemical process safety,
assist local emergency authorities in planning for and responding to accidents, and improve public
awareness of chemical hazards at regulated sources.The revised rule was delayed by a June 2017 EPA
action, but the Court vacated that action and made the Jan 13,2017 RMP rule changes effective as of
Sept 21, 2018.
Exhibit A Page 1
December 13, 2018
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
Engineer will collect and review data and information that is related to any concerning changes at each
plant since the completion of the previous 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.
Engineer will review the USEPA revisions to the RMP program requirements and implement the changes
into the ARPP manuals and include in the workshop described in Task A-5.
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 involved on the project.
A maximum of two (2) 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 and conduct a review of ERP
manuals:
a. Rolling Hills WTP
b. Eagle Mountain WTP
c. Village Creek WRF
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 March 2009 and the RMP Rule revisions published in January 2017 and
made effective as of September 2018.
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.
Exhibit A Page 2
December 13,2018
Task A-3. Update of Offsite Consequence Analyses(OCA)
1. Engineer will update the OCAs for the following facilities:
a. Rolling Hills WTP
b. Eagle Mountain WTP
c. Village Creek WRF
2. Work performed by the Engineer associated with this task will include the following:
a. Review previous OCA reports.
b. Previous models for release scenarios done in Aloha or Degadis will be replaced with
computations using RMP*Comp,the EPA model recommended and used as a guide by
the EPA inspectors.
c. Evaluate the offsite impacts for each release scenario at each facility using MCDC
Circular Area profiles(CAPS) with 2010 Census Data.
d. Prepare a draft technical memorandum to present OCA findings and submit the draft
technical memorandum to the City for review and comment.
e. 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 each plant.
Task A-4. Risk Management Plan Submittal to EPA
1. Engineer will update the RMP Submittals to EPA for the following facilities:
a. Rolling Hills WTP
b. Eagle Mountain WTP
c. Village Creek WRF
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
to the City. The City must submit on the EPA's RMP*eSubmit platform.
Deliverable: Draft and Final RMP Submittals for each plant.
Exhibit A Page 3
December 13, 2018
Task A-5. Updates of Emergency Response Plan (ERP) Manuals
3. Engineer will conduct a review of ERP manuals and update the ERP manuals for the following
facilities:
a, Rolling Hills WTP
b. Eagle Mountain WTP
c. Village Creek WRF
4. Work performed by the Engineer associated with this task will include the following:
a. Review previous ERP manuals.
b. Collect input from each facility for emergency response procedures particular to each
site, update the procedures and contact information for emergency responses, and
update the maps for each emergency event response as applicable.
c. Prepare and submit a draft ERP manual for each plant to the City for review and
comment.
d. Revise the ERP manuals as necessary to incorporate City's comments and submit the
final ERP manuals to the City.
Deliverable: Draft and Final ERP Manuals for each plant.
Task A-6. 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 and the RMP Rule revisions published in January 2017 and made
effective as of September 2018.
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 2019.
Exhibit A Page 4
December 13, 2018
EXHIBIT B
Pricing
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EXHIBIT B
COMPENSATION
I BASIC SERVICES
For engineering services under Exhibit A,the "City" shall pay the "Engineer" an amount not to exceed
$52,500
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 B-1.
B. Timeliness: Lump sum fees are based on the City providing a notice to proceed for each phase of
the work within one month of the contract date. If a notice to proceed is not provided within one
month 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.
Exhibit B 1
December 13, 2018
EXHIBIT B-1
COST SUMMARY
UPDATES OF ARRPS, OCAS AND RMP SUBMITTALS
Tasks Engineering Costs MWBE MWBE %MWBE
Fee
Task A-1: Kick-Off Meeting, Data and
Information Collection and Review, $9,700
Review of RMP Rule updates
Task A-2: Updates of Accidental
Release Prevention Program $15,900
Manuals
Task A-3: Update of Offsite
Consequence Analyses $13,500
Task A-4: Risk Management Plan
Submittal to EPA $4,900
Task A-5: Update of ERP Manuals $4,000
Task A-5:Workshop $4,500
Total $52,500 0
Exhibit B 2
December 13, 2018