HomeMy WebLinkAboutContract 52869 oCj _2 2019 CITYSECRETARY
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CIS'SECR�ARY
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 Dana Burghdoff, its duly
authorized Acting Assistant City Manager,and CDM Smith Inc., ("Consultant"),a Corporation,as
executed by Douglas Varner,its duly authorized Senior 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—Compensation and Pricing
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 a Risk and Resilience Assessment(RRA)and review
of existing Emergency Response Plans no later than six months following completion of the RRA. 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
on September 30, 2020, 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.
3. COMPENSATION.
The City shall pay Consultant an amount not to exceed$397,700 in accordance with the provisions of
this Agreement and the Pricing shown in 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 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
additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses
in writing.If there is any conflict between the terms of Exhibit"B," and this Section 3,this Section 3 shall
prevail.
OFFICIAL RECORD
CITY SECRETARY
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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. RIGM 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
further that City shall have access during normal working hours to all subcontractor facilities and shall be
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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
ATTORNEYS' FEES AND EXPENSES,FOR PERSONAL INJURIES (INCLUDING DEATH) AND
THIRD-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
execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by
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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`d=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 ofthis 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 CDM Smith Inc.
Attn: Chris Harder,Water Director Attn: Danny Shannon,Project Manager
200 Texas Street 801 Cherry Street, Suite 1820
Fort Worth TX 76 1 02-63 1 1 Fort Worth,TX 76102
Facsimile: (817)392-8195
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. SEVERABILTTY.
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 thiso nd day
of ft bed ,2019.
CITY OF FORT WORTH
By: WtJAA/4'U, �
Dana Bur ;
Acting As stant Ci anager
OFFICIAL.RECORD
CITYPHeR l'ARY
FT.WORTH,TX
ATTEST:
By
M a er �r
City ecretary #t
Date: 6aL �Z TEXP`'
-,
APPROVED AS TO FORM AND LEGALITY:
By:
Christa R. Lopez-Reynolds
Sr. Assistant City Attorney
M&C 19-0120 Approved September 10,2019
W3 W15:
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.
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Na c ofEmploycc
Titl
CDM Smith Inc.
V
Dougla arner
Senior Vice President
Date: P - ZS , ?01`t
WITNESS.
Print: Danny Shannon
Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
i�r �i u%rrJel,��e �?DJ
Signature: Signature:
Christy R.Lopez-Reynold (Oct 1,2015)
Email: christina.reynolds@fortworthtexas.gov Email: mary.kayser@fortworthtexas.gov
UTY SECRETARY
EXIIIBIT A
Scope
Project Understanding, Approach, and Scope
Introduction
A new federal legislative requirement to America's Water Infrastructure Act of 2018(AWIA)
was signed into law on October 23,2018,called the Community Water System Risk and
Resilience Act(Act).This new Act is broader than other assessments related to risks and
resilience,and specifically calls out the risks of"natural hazards"that have not been assessed
by all utilities in the past under previously required vulnerability assessments.The AWIA
encompasses:
■ Pipes and constructed conveyances,physical barriers,source water,water collection
and intake,pretreatment,treatment,storage and distribution facilities,electronic,
computer,or other automated systems;
■ Monitoring practices;
■ Financial infrastructure(such as billing mechanisms);
■ Use,storage or handling of chemicals;
■ Operation and maintenance;and
■ May include capital and operational needs for riskmanagement
As part of the AWIA,utilities are required to perform the following by March 31,2020:
■ Conduct risk assessments for all likely"hazards"
■ Determine the System's resilience to those hazards
■ Evaluate the capital and operational needs for resilience and riskmanagement
In addition,utilities are required to certify compliance of their Emergency Response Plans with
the Act by six months following the certification of the Risk and Resilience Assessment but no
later than September 30,2020.
The Fort Worth Water Department(FWWD)is responsible for providing safe and reliable
water to more than 1.2 million people and 32 wholesale customers.It must therefore meet the
requirements of the AWIA.The City's water distribution system consists of several pressure
planes from which potable water is distributed to the customers. Failure of delivering water
from any of these pressure planes would not meet the City's mission of providing water for its
customers.The Risk and Resilience Assessment(RRA)will be conducted to evaluate the critical
assets that could prohibit a pressure plane from delivering safe and reliable water.
CDM Smith proposes the following approach to perform the RRA and reviewing and updating
the FWWD's existing Emergency Response Plans(ERPs),along with associated tasks to provide
compliance with the AWIA requirements.These tasks will be conducted in accordance with
American Water Works Association(AWWA)standards—specifically the"Risk and Resilience
Management for Water and Wastewater Systems"(ANSI/AWWA J100-10 (R13))and the
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Smith
A
"Emergency Preparedness Practices"(ANSI/AWWA G440-17)for guidance.
The overall goal of the project is to build upon prior vulnerability assessments and ERPs
performed by the FWWD,and conduct a current assessment of FWWD's existing vertical and
horizontal(above-ground and below-ground)assets and business processes to determine the
current and future risks and hazards associated with these,in order to comply with the AWIA.
After identification of these hazards and risks,an assessment of the vulnerability and resilience
of the operational and business needs will then be conducted.
Scope of Service
At the beginning of this project,all CDM Smith project staff must sign a confidentiality
statement Once signed,CDM Smith will perform the following scope of services to assist the
FWWD in complying with the requirements of this Act
Task 1: Data Gathering/Review of FWWD's Existing Materials/Kick-Off
Meeting
FWWD will provide the following existing information to CDM Smith following notice to
proceed:
■ Locations and facility descriptions of above ground assets
■ Previously prepared vulnerability assessments
■ Previously prepared Emergency Response Plans(ERPs)and associated annexes
■ Emergency Operations Plans
■ Business Continuity Plans and associated appendices and annexes
CDM Smith will perform an initial review of the above documents then prepare a data needs
list of additional information needed for this effort CDM Smith will also review existing data
based on the AWWA J100,G440 guidelines and the additional guidance released by USEPA in
August 2019 to identify additional criteria and procedures needed to be included in the AWIA
RRA or ERP.
CDM Smith will facilitate a kick-off meeting to be held in person with representatives of FWWD
to confirm project goals and key stakeholders for the project Prior to the kick-off meeting,CDM
Smith will prepare a questionnaire to be introduced at the meeting to include documentation of
FWWD staffs institutional knowledge and understanding of system redundancies and
vulnerabilities.FWWD staff will complete the questionnaires and return them to CDM within
two weeks following the kick-off meeting.
As part of this task.CDM Smith will prepare and submit a brief Data Collection
Memorandum documenting existing information collected and its applicability in
completion of the remaining tasks under this scope of services.At the completion of the
project,CDM Smith will return all copies of project files to FWWD.
Deliverables: Data Collection Memorandum;Questionnaire;Kick—off meeting agenda;
Kick-off meeting summary notes. All in Microsoft Word format
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Task 2: Initial Threat and Asset Characterizations
Following receipt of the questionnaires and prior to the two-day workshop in Task 3,CDM
Smith will conduct an initial threat characterization,based on the information in the
questionnaires and CDM Smith's knowledge of the FWWD system.The initial threat
characterization will identify threats to the water system from a comprehensive"all-hazards"
list of malicious acts and natural hazards from the J100 Appendix E guidance,EPA,and
additional vulnerabilities and threats as identified by FWWD.The J100 guidance is selective in
order to produce high net benefit options for reducing risk and improving resilience.
During the initial asset characterization stage,the following will be performed:
■ Identification and evaluation of critical assets,mission-critical functions,and
supporting infrastructure and evaluation if there have been changes to the system
that warrant an update to the critical asset list
■ Identification of the critical internal and external supporting infrastructure which will
likely include the following:Operations&Maintenance,Monitoring Practices(new),and
Financial Infrastructure (new). This includes identifying any existing protective
countermeasures and mitigation measures/features.
Deliverables:Initial threat characterization matrix,Initial asset characterization matrix
Task 3: Stakeholder Workshop and Development of the "All-Hazards" Listing
Following completion of Task 2,CDM Smith will facilitate a two-day workshop with FWWD
leadership and subject matter experts across the production,transmission,water treatment
plants,SCADA and financial sections.CDM Smith will provide a workshop agenda and
preliminary information to participants prior to the meeting.The workshop focuses on
populating a risk matrix for"all hazards"and critical assets,which will provide the basis to
create the threat-asset pairs in J100.CDM Smith proposes modifying the assets to match
categories required under the AWIA(such as pipes and constructed conveyances,physical
barriers,treatment facilities,storage,etc.).As part of the workshop,"critical"facilities will be
refined based on the facilities'individual Impact on meeting the FWWD mission to deliver
potable water to its customers.
The workshop will review the City's water system assets located in all pressure planes
developed in Task 1 and narrow these down to focus on the critical facilities based on the
eleven(11)pressure planes.These critical facilities could potentially include any or all of
the five water treatment plants,associated clearwell storage tanks,high service pump
stations,raw water intakes,and booster pump stations that could impact providing water
to various distribution system pressure planes or wholesale customers.In addition,the
review will include:
■ Supervisory Control and Data Acquisition(SCADA)System
■ Electrical Power Supply Systems
■ Financial Systems,including the Customer Billing System,the City's Enterprise Financial
System,the Maximo Work Order System,the Customer Relationship Management System,
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and the Avaya Call Center Technology
■ Assets and systems related to ensuring FWWD facilities can treat water to meet or exceed
the required public health standards.
Assets may be categorized into broad groups as necessary to move the discussion forward.
This stakeholder workshop will provide an efficient method to gather/refine institutional
knowledge about hazards,risks,and resilience from FWWD stakeholders by:
■ Understanding connections between ongoing issues and challenges,hazards,and
current plans or actions
■ Identifying vulnerabilities to inform the risk and resilience profiles for the threat-asset
pairs under J100
■ Developing and prioritizing actions to improve resilience that inform the
Emergency Response Plan
The J100 guidance recommends that a core team of FWWD staff collaborate at the workshop,
including members from the FWWD security,safety,treatment/distribution,O&M,information
technology(IT)and finance sections.Additional stakeholders may include legal,human
resources(HR),customer service,finance,laboratory,and local first responders.
The"all-hazards"approach should include both short-term and long-term consequences for at
least the following hazards(or threats):
■ Malevolent acts,both internal and external:
• Assault on Utility-Physical
• Employee assaults/threats/pandemic
• Drone/other physical attacks
• Contamination of Finished Water-Accidental
• Contamination of Finished Water-Intentional
• Theft or Diversion-Physical
• Cyber Attack on Business Enterprise Systems
• Cyber Attack on Process Control Systems
• Sabotage-Physical
• Vandalism and tampering of storage/pumping facilities
• Transmission system incursions
• Facility intrusions
• Arson
• Power Outages
• Communication systems outages(cell towers,radio network outages,etc.)
• Contamination of Source Water-Accidental
• Contamination of Source Water-Intentional
■ Natural hazards (as applicable):
• Earthquakes
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• Wind events,including tornados and major storms
• Floods
• Wildfires
• Hydrologic changes
• Droughts and extreme heat
• Ice storms
• Power outages
• Communication systems outages (cell towers,radio network outages,etc.)
Deliverables:Workshop agenda with background materials;Workshop summary
notes;Populated risk matrix for all hazards and critical assets resulting from the
workshop
Task 4: Risk and Resilience Assessment and Stakeholder Meeting
After the completion of the two-day workshop in Task 3,CDM Smith will conduct the formal
Risk and Resilience Assessment(RRA).This will be conducted using a Microsoft Excel
spreadsheet template,that is consistent with the AWWA J100 and AW1A requirements,to
provide documents in a consistent manner.This RRA will build off the workshop conducted
in Task 3.The final product will include a report with an executive summary of the methods
and results.This process will follow the Risk Analysis and Management for Critical Asset
Protection(RAMCAP)method in the AWWA J100 guidance.The specific tasks to conduct the
assessment are as follows:
1. Finalize the asset and threat characterizations based on FWWD priorities and the findings
of Task 3 to identify,rank,and record FWWD critical assets.The goal of this is to determine
the critical and high-consequence facilities/assets and the high threat-likelihoods.These
determine the"threat-asset pairs"which are the focus of the RRA.CDM Smith will use
input from the workshop(conducted as part of Task 3)and data review(conducted as part
of Task 1)to ensure that medium-consequence or likelihood threat-asset pairs are also
included,as appropriate.The high-priority threat-asset pairs will move on to the
Consequence Analysis,Vulnerability Assessment,and Threat Analysis stages described
below.
2. In order to conduct the Consequence,Vulnerability,and Threat Calculations for high-
priority threat-asset pairs,the following will be performed:
• Consequence Analysis:Develop and refine consequence metrics or criteria(such as
financial,casualties,loss of revenue,or regional economic impact).The RAMCAP
methodology is used to define ranges of consequence and analyze based on the
consequence metrics for each threat-asset pair following the RAMCAP process,and
are measured in dollars.
• Vulnerability Assessment:For each critical threat-asset pair the vulnerability is
determined by estimating the likelihood of an occurrence to the"all-hazards"threat.
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The output for a vulnerability analysis of malevolent incidents is the likelihood of
success of the adversary for each specified attack scenario on each threat—asset
pair,given that the attack is carried out The parallel concept for natural hazards is
the likelihood thatthe hazard will produce the consequences already estimated,
given that the hazard occurs.This is expressed in a numerical value from zero(the
threat is unlikely to occur and produce the consequence)to one(the threat is very
likely to occur and produce the consequence).
• Threat Likelihood Analysis:Conduct the threat analysis using the J100 guidance to
estimate the likelihood or frequency of malevolent threats using the proxy measure,
best estimate,or conditional assignment and the probability of natural hazards and
likelihood of dependency or proximity hazards.This is expressed in a numerical
value from nearly zero(the threat is unlikely to occur)to one(the threat is certain to
occur).
3. In order to conduct the Risk and Resilience Analysis,the following will be performed:
• Calculate risk for each threat-asset pair as the product of the results from
Consequence Analysis,Vulnerability Analysis,and Threat Analysis,using the
followingequation:
Risk=Consequences x Vulnerability x Threat
Likelihood Risk=C x V x T
• Create the Utility Resilience Index(URI)as outlined in J100 as:
- Operational—These indicators reflect the tactical capacity of the utility to react
quickly and/or cope with various incidents that have the potential to disrupt
services.
- Financial—These indicators reflect the fiscal capacity of the utility and
supporting community to react quickly and/or cope with various incidents that
have the potential to disrupt revenue.
• Each of these indicators are numerical values from zero(not resilient)to one
(highly resilient)designed to reflect the resilience of the utility as a whole_They
help to further focus FWWD toward areas that need further attention to reduce risk
and improve resilience.This will be presented in easy-to-understand dashboards as
it applies to each critical asset
4. The methodology,findings,costs,and recommendations of the RRA will be documented in
a report format,including an executive summary.One separate summary report will be
prepared for the 32 wholesale customers to provide them information they need for
preparing their own RRAs.This summary report will only cover FWWD infrastructure,
processes,etc.that might impact the customers'RRA.
5. An electronic copy of the draft RRA Report and separate wholesale summary report will
be provided to FWWD for review.CDM Smith will meet with FWWD to review these draft
reports during a half-day meeting prior to completion of the final reports.CDM Smith will
6
incorporate FWWD's written comments on these draft reports into the final Risk and
Resilience Assessmentreport
• When available,CDM Smith will ensure that Tarrant Regional Water District's
source water protection documents,developed to meet the AWIA of 2018 to
ensure adequate measures are in place to enhance resiliency of the source waters,
is provided to FWWD and incorporated into the draft and final reports.
6. Certify the Risk and Resilience Assessment:CDM Smith will assist FWWD in completing the
required EPA certification process.The certification details are anticipated to be available
from EPA in August 2019,and are expected to require the water system name,PWSID#,the
date certified,and a statement from FWWD that it has conducted and reviewed(and
revised as needed)the RRA.CDM Smith will provide FWWD with the needed
documentation for review by February 1,2020 with the understanding that FWWD will
review and return a consolidated set of comments and modifications by February 28,2020
to allow time for finalizing any documents by March 15,2020 for the March 31,2020
deadline.
Deliverables:Half-day meeting agenda;Meeting summary notes;Draft and Final
Risk and Resilience Assessment Report in Microsoft Word format,including separate
summary document for wholesale customers;RRA spreadsheet template
Task 5: Risk and Resilience Assessment Tool Training
Upon completion of Task 4,CDM Smith will prepare documentation of the means and methods
for performing the RRA,including use of the RRA spreadsheet tool developed as part of Task 4.
This documentation will be provided for the FWWD to use in the future.CDM Smith will also
provide FWWD staff training on the use of the RRA spreadsheet tool developed as part of Task
4,including the methods used for assessment A one-day training session will be provided for
FWWD staff.The training and documentation will provide the tools necessary to allow FWWD
staff to update the RRA and associated spreadsheet as facilities are added to the system or
conditions change. This will also provide the means for the FWWD staff to update the RRA in-
house for the next 5-year assessment that must be performed and certified to the EPA.
Deliverables:Training documents;Documentation for using the RRA spreadsheet
template
Task 6: ERP Update, Best Practices Integration and Six-Month ERP Update
As part of this task CDM Smith will review and update the current FWWD Emergency
Response Plans(ERPs)for FWWD facilities to incorporate additional items from the AWIA not
currently covered in the plans.No new ERPs will be developed.This will build upon FWWD's
existing Emergency Operations Plan and associated infrastructure.CDM Smith will provide
guidance and input on actions that may be taken on the water system based on the outcome of
the RRA.
The FWWD ERPs will be updated to comply with the following standards:
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• EPA"Community Water System Emergency Response Plan Template and Instructions"
published in July 2019.
■ AWWA G440-17"Ememenncy Preparedness Practices"Effective Aug 1,2017
■ AWWA M19"Emergency y Planning for Water and Wastewater Utilities"Fifth
edition published in 2018
■ EPA"Emergency Response Plan Guidance for Small and Medium CommunitL
Water Sys .ms"published April 2004
■ EPA"Large Water System Emergency Response Plan Outline"published in July2003.
The ERPs will be updated to incorporate the findings from the RRA not currently included
in the ERPs to include:
■ Strategies and resources to improve resilience,including physical security
and cybersecurity;
■ Plans,procedures,and equipment for responding to a malevolent act or natural hazard;
■ Actions,procedures,and equipment to lessen the impact of a malevolent act or
natural hazard,including alternative source water,relocation of intakes,and flood
protection barriers;
■ Strategies to detect malevolent acts or natural hazards.
Emergency Response Plans for the following FWWD facilities will be reviewed and
updated:
■ Eagle Mountain WTP and associated facilities
■ North Holly WTP and associated facilities
• South Holly WTP and associated facilities
■ Rolling Hills WTP and associated facilities
• Westside WTP and associated facilities
It is anticipated that the FWWD will provide Word documents for use in updating the existing
ERPs.An electronic copy of the updated draft ERP will be provided to FWWD for review by
August 1,2020.FWWD will review and return a consolidated set of comments and
modifications to CDM Smith by August 31,2020.CDM Smith will incorporate FWWD's written
comments on this draft report into a final ERP to be provided to FWWD by September 15,2020.
CDM Smith will assist FWWD to complete the EPA certification process for the ERP no later
than six months following certification of the Risk and Resilience Assessment but no later than
September 30,2020.
Deliverables: Draft and Final ERPs in Microsoft Word format
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Task 7: Project Management Related Tasks
CDM Smith will perform project management tasks throughout the project,to include the day-
to-day administrative,technical,and financial management of the project activities to achieve
the project budget,schedule,scope,and quality objectives.This effort will include invoicing
and progress,and quality assurance/quality control(QA/QC)review of the work.CDM Smith's
designated Project Manager will keep the FWWD Project Manager informed of the status of the
project work and will coordinate all activities with the FWWD Project Manager.
■ CDM Smith will prepare a detailed project schedule that provides the different project
tasks,activities and key project milestones.This schedule will be updated monthly.The
project budget will be monitored through an earned value system(EVS),developed at the
beginning of the project to track the work performed versus budget expended.Monthly
invoices will be prepared and submitted based upon the work performed the previous
month.A monthly status report that includes the invoice,list of work performed during the
month,and an updated project schedule will be provided.
• CDM Smith will employ its firm's written QA/QC procedures throughout the course of the
Project and work assignment
■ CDM Smith Project Manager will coordinate with FWWD Project Manager throughout the
course of the project to keep the FWWD Project Manager up to date on project status and
schedule.It is anticipated that brief bi-weekly meetings or calls will be conducted between
the two project managers.
■ CDM Smith will return any and all copies of FWWD documents collected by CDM Smith as
part of Task 1 at the completion of the project
Deliverables:Detailed project schedule;Project invoices with monthly status report and
schedule update;Return all FWWD documents collected as part of Task 1
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EXHIBIT B
Compensation and Pricing
EXHIBIT B
COMPENSATION AND PRICING
Risk and Resilience Assessment Study
Time and Materials with Rate Schedule Project
I. Compensation
A. The Consultant shall be compensated for personnel time, non-labor expenses, and
subcontract expenses in performing services enumerated in Exhibit A as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours worked
directly in performing the Project multiplied by the appropriate Labor Category Rate for
the Consultant's team member performing the work.
Labor Categoj3E Rate as presented in the rate schedule table below is the rate for each
labor category performing the work and includes all direct salaries,overhead,and profit.
Labor Category 2019 Rate 2020 Rate
$/hour $/hour
Officer/Principal $275.00 $280.00
Senior Technical Specialist/Quality Control $250.00 $255.00
Senior Management Specialist $250.00 $255.00
Senior Engineer Level 7/8 $230.00 $235.00
Project Engineer Levels/6 $180.00 $185.00
Engineer(Level 3/4 $150.00 $155.00
Graduate Engineer Level 1/2 $140.00 $145.00
Senior Scientist Level 7/8 $220.00 $225.00
Project Scientist(Level 5/6 $170.00 $175.00
Scientist(Level 3/4 $140.00 $145.00
Graduate Scientist Level 1/2 $130.00 $135.00
CADD Designer/Drafter $130.00 $135.00
Senior Administration $125.00 $130.00
Contract Administration $120.00 $125.00
Clerical/Administration $100.00 $100.00
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses
at invoice or internal office cost.
Direct Ex en nses (non-labor) include, but are not limited to, mileage, travel and lodging
expenses, mail, supplies, printing and reproduction services, other direct expenses
associated with delivery of the work, plus applicable sales, use, value added, business
transfer,gross receipts,or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to Consultant plus a markup of ten percent(10%).
EXHIBIT B
COMPENSATION AND PRICING
iv. Budgets. Consultant will make reasonable efforts to complete the work within the
budget and will keep the City informed of progress toward that end so that the budget or
work effort can be adjusted if found necessary.
Consultant is not obligated to incur costs beyond the indicated budgets,as may be adjusted,
nor is the City obligated to pay Consultant beyond these limits.
If Consultant projects, in the course of providing the necessary services, that the Project
cost presented in Article 3 of this Agreement will be exceeded,whether by change in scope
of the project, increased costs or other conditions, the Consultant shall immediately report
such fact to the City and,if so instructed by the City,shall suspend all work hereunder.
When any budget has been increased, Consultant's excess costs expended prior to such
increase will be allowable to the same extent as if such costs had been incurred after the
approved increase.
B. The Consultant shall be paid monthly payments as described in Section II - Method of
Payment.
II. Method of Payment
A. The Consultant shall be paid by the City based upon an invoice created on the basis of
statements prepared from the books and records of account of the Consultant, based on
the actual howl and costs expended by the Consultant in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of this
Agreement by an officer of the Consultant.
C. Payment of invoices will be subject to certification by the City that such work has been
performed.
III. Pricing
A. The following table presents the fee development by task for the Project.
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Official site of the L
CITY COUNCIL AGENDA FORTWORTii
DATE: 9/10/2019 REFERENCE **M&C 19- LOG NAME: 60RISK AND RESILIENCE
NO.: 0120 ASSESSMENT STUDY
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with CDM Smith Inc., in the Amount of
$397,700.00 to Conduct a Risk and Resilience Assessment and Review of
Emergency Response Plans for the Water Department(ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with CDM
Smith Inc., in the amount of$397,700.00 to conduct a Risk and Resilience Assessment
(RRA)and review of Emergency Response Plans(ERPs)for the Water Department.
DISCUSSION:
On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law. The law
requires that each community (drinking) water system serving a population of greater than 3,300
persons shall assess the risks to, and resilience of, its system; and requires certification that it has
Emergency Response Plans in place.The taw specifies the components that the RRAs and ERPs
must address, and establishes deadlines by which water systems must certify to the United States
Environmental Protection Agency (USEPA) completion of the RRAs and ERPs. For systems
serving more than 100,000 people, the deadline for completion of the RRA is March 31, 2020, with
certification of ERPs no later than six months after completion of the RRA.
The City issued a request for proposals on May 30, 2019 and received 12 proposals on July 5,
2019.which were evaluated by a staff consultant selection team.
Criteria for consultant selection included team experience performing risk and resilience studies,
assessment methodology, project schedule, and knowledge of the Fort Worth water system. CDM
Smith offered a team with significant experience in performing these studies and applying current
standards for risk and resilience management of water systems, as well as team members with
unparalleled knowledge of the water system that enables the team to streamline the project to
meet the aggressive March 31, 2020 deadline.
According to the USEPA and in accordance with the Safe Water Drinking Act as amended by the
AWIA, CDM Smith will assess:
1. the risk to the system from malevolent acts and natural hazards;
2. the risks to and resilience of the pipes and constructed conveyances, physical barriers,
source water, water collection and intake, pretreatment, treatment, storage and distribution
facilities, electronic, computer, and other automated systems (including the security of such
systems) which are utilized by the system;
3. the monitoring practices of the system;
4. the financial infrastructure of the system;
5. the use, storage, or handling of various chemicals by the system; and
6. the operation and maintenance of the system.
Upon completion of the RRA, CDM Smith will review and update the current ERPs to incorporate
additional items from the AWIA not currently covered
in the plans.
M/WBE OFFICE—A waiver of the goal for MBE/SBE subcontracting requirements was requested
by the Department and approved by the MWBE Office, in accordance with the BDE Ordinance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible. However, CDM Smith has committed to 12 percent SBE participation.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATIONMERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
appropriated,of the Water and Sewer Fund. Prior to an expense being incurred,the Water
Department has the responsibility to validate the availability of funds.
Fund Department Account Project Program Activity I Budget Refini"ce# Amount
tD ID Year Chartfietd 2
M
Fund Depad"Writ Account Project Program Activlty Budget Reference Amount
ID ID Year Ctw tt W 2
Submitted for City Manager's Office byz Dana Burghdoff(8018)
0'gina i g Department Head: Chris Harder(5020)
Additional Information Contact: Chrisitine Webb(8409)
ATTACHMENTS