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HomeMy WebLinkAboutContract 44704 (2)STA'l'C OF TEXAS COUNTIES OF TARRANT DENTON, PARKER AND WISE § § § CITY SECRETARY CONTRACT NO. THIS AGREEMENT is made and executed by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called the "City", acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and Southern Specialized Risk Options, LLC hereinafter called the "Consultant," acting herein by and through Steven E. Haynes its duly authorized Owner/Manager WHEREAS, the City desires to improve its various safety programs; and WHEREAS, the City desires to hire a professional firm knowledgeable and experienced in performing such services; and WHEREAS, the Consultant has represented that it is knowledgeable and experienced in performing such services. NOW, THEREFORE, that for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: SECTION 1. DEFINITIONS In this Contract, the following words and phrases shall be defined as follows: City's Representative means the Director of the Water Department or his designee. Contract Documents means this contract and all other attachments. Deliverable Document means a report, photograph, electronic file, or an invoice that shows the completion of one of the work tasks and/or subtasks. Electronic files shall be in Word, Excel, AutoCad, or similar software and shall be provided as requested by the City. Notice to Proceed means the letter issued by the City that authorizes Consultant to begin work. It also authorizes future invoices to be paid. The City hereby contracts with the Consultant as an independent consultant, and the Consultant hereby agrees to perform the professional services set out herein in accordance with standard utility rate -setting practices and policies. SECTION 2. Pt5MVED AUG13MS 1,i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SCOPE OF SERVICES The Consultant shall perform a comprehensive assessment of the City's various water safety programs as more particularly defined in Attachment A to this Contract. SECTION 3. TIME OF PERFORMANCE Services of the Consultant shall commence upon complete execution of this Agreement. Unless otherwise directed by the City and agreed to by the Consultant, the deliverables listed in Attachment A shall be concluded in final form acceptable to the City by the 120`" day from the full execution of this Agreement. SECTION 4. COMPENSATION TO THE CONSULTANT AND METHOD OF PAYMENT As compensation for the services required to complete this Project in accordance with the terms of this Agreement, the City agrees to pay the Consultant in an amount not -to -exceed $23,350.00. This amount shall constitute full and complete compensation for the Consultant' s services under this Agreement, including all expenditures made and expenses incurred by the Consultant in performing such services. Payment shall be made in two installments. Fifty percent (50%) of the Contract amount shall be paid within thirty (30) days of Contract execution and the final (50%) payment due within thirty (30) days of final report acceptance by City. Reimbursable expenses are part of the Not -to -Exceed amount and include, but are not necessarily limited to subcontractors expenses, travel, report production and other out-of-pocket expenses, which shall be paid based upon actual cost, supported by such documentation as the City may reasonably request. SECTION 5. PROFESSIONAL RESPONSIBILITY AND WARRANTY Consultant shall perform services consistent with skill and care ordinarily exercised by other professional consultants under similar circumstances at the time services are performed, subject to any limitations established by City as to degree of care, time or expense to be incurred or other limitations of this Agreement. Consultant further warrants that it will perform all services under this Agreement in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Agreement. SECTION 6. FSTAI3LISHMENT AND MAINTENANCE OF RECORDS Records shall he maintained by the Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained Cor a period of three (3) years after receipt of final payment under this Agreement. SECTION 7. AUDITS AND INSPECTIONS The Consultant agrees that the City shall, until the expiration of three (3) years after the final payment under this Agreement have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. The 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. The Consultant further agrees to include in all its subcontracts hereunder a provisions to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after the final payment and directly pertinent books, documents, papers and records of such subcontractor, involving transactions 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 article, and shall give subcontractor reasonable advance notice of intended audits. SECTION 8. INDEMNITY THE CONSULTANT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICIALS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, SUPTS OR PROCEEDINGS OF ANY KIND BROUGHT AGAINST SAID PARTIES TO THE EXTENT CAUSED BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF THE CONSULTANT OR ANYONE FOR WHOM IT IS LEGALLY LIABLE IN THE PERFORMANCE OF SERVICES HEREUNDER. THE CONSULTANT IS NOT REQUIRED HEREUNDER TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ITS OFFICIALS, AGENTS AND EMPLOYEES FROM LIABILITY RESULTING FROM THE NEGLIGENCE OR WRONGFUL ACTS OF THE CITY OR ANY THIRD PARTY. THE INDEMNITY REQUIRED HEREUNDER SHALL NOT BE LIMITED BY REASON OF THE SPECIFICATION OF ANY PARTICULAR INSURANCE COVERAGE IN THIS AGREEMENT. SECTION 9. COMPLIANCE WITH LAWS In providing the scope of services outlined herein, the Consultant shall comply with all applicable laws, ordinances, and codes of the Federal, State and local governments. Consultant certifies that on the day work is to continence under this Agreement and during the duration of the Agreement, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this Agreement. Consultant also certifies that if it uses any subcontractor in the performance of this Agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this Agreement. SECTION 10. NON-DISCRIMINATION During the performance of this Contract, Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Consultant also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Consultant is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. SECTION 11. MODIFICATION No modification of this Agreement shall be binding on Consultant or the City unless set out in writing and signed by both parties. Modifications shall be in the same format as the final specification showing the change or addition of a task, project schedule, deliverable document(s), and schedule of payments. SECTION 12. PERSONNEL The Consultant represents that it has, or will secure at its own expense, all personnel required in performing all of the services required under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the City. All the services required hereunder will be performed by the Consultant or under its supervision and all personnel engaged in the work shall be qualified and shall be authorized or permitted under state and local law to perform such services. The Consultant represents that the Consultant's Project Manager, Steven E. Haynes, is available to ensure completion of the scope of services pursuant to this Agreement. SECTION 13. ASSIGNABILITY Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION 14. DEFAULT Consultant shall not be deemed to be in default because of any failure to perform under this Agreement, if the failure arises from causes beyond the control and without the fault or negligence of Consultant. Such causes shall include acts of God, acts of the public enerny, acts of Government, in either its sovereign or contractual capacity, fires, .flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. If Consultant fails to begin work herein provided for within the time specified above, or to complete such work within the time specified above, within the true meaning of this Agreement, City shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If City exceeds the costs detailed in the attached documents, City may deliver to Consultant a written itemized statement of the total excess costs, and Consultant shall reimburse City for such excess costs without delay. if, at any time during the term of this Contract, the work of Consultant fails to meet the specifications of the Contract Documents, City may notify Consultant of the deficiency in writing. Failure of Consultant to correct such deficiency and complete the work required under this Agreement to the satisfaction of City within ten (10) days after written notification shall constitute default, and shall result in termination of this Agreement. All costs and attorneys fees incurred by City in the enforcement of any provision of this Agreement shall be paid by Consultant. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this Agreement and by law. SECTION 15. TERMINATION OF CONVENIENCE OF CITY The City may terminate this Agreement for its convenience at any time by giving at least ten (10) days notice in writing to the Consultant. In the event of termination pursuant to this paragraph, Consultant shall be entitled to receive payment for all work completed or in progress, and for costs reasonably incurred to close out its project services. Compensation is to include lives, expenses, and liabilities to subcontractors or other third parties. Consultant will make reasonable attempts to cancel all such liabilities in order to mitigate the cost to the City. If this Agreement is terminated due to the fault of the Consultant, Section 14 hereof relative to termination shall apply. SECTION 16. SEVERABILITY If any portion of this Contract is held to be void, invalid, or otherwise unenforceable, in whole or part, the remaining portions of this Contract shall remain in effect. SECTION 17. VENUE Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Contract, venue for said action shall be in Tarrant County, Texas. SECTION 18. AGREEMENT AMENDMENT This Contract and all attachments represents the entire understanding between the City and the Consultant in respect to the Project, supersedes any and all prior written or oral negotiations of agreements between the parties, and may only be modified in writing signed by both parties. SECTION 19. NOTICES All written notices to the respective parties shall be sent by registered mail and be addressed as follows: CITY OF FORT WORTI_ I CONSULTANT Mr. Frank Crumb, P.E. Steven E. Haynes Water Department Director Owner/Manager City of Fort Worth Specialized Risk 1000 Throckmorton 205 Parkhurst Lane Fort Worth, Texas 76102 Allen, TX 75013 SECTION 20. CAPTIONS The captions of this Contract are for informational purposes only and shall not in any way affect the substantive terms and conditions of the Contract. SECTION 21. CONFLICTS This Contract is the sole agreement between the City and the Consultant and any and all other prior agreements, whether oral or written, are merged into this Contract and of no further force or effect. EXECUTED on this, the 2nd day of August, 2013. Southern Specialized Risk Options, LLC: i By: Steven E. IIaynes Its: Owner/Manager August 2, 2013 Date cA Witness City of Fort North, Texas: Fernando Costa Assista�n}t City Manager 8//2 /3 Date Approval Recommended it- Frank Crumb, P.E., Director Fort Worth Water Departmeri APPROVED AS TO FORM AND LEGALITY: .(tituovv, Christa R. Reynolds Sr. Assistant City Attorney ATTEST: Mary Kay City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Southern Specialized Risk Options, LLC Water Department Safety Program Audit Services Attachment A to Consulting Contract Scope of Work This Scope of Work is presented to provide a comprehensive assessment of the entire existing safety program for the Water Department and affiliated business units. The Water Department and affiliated business units are self-supporting operating units whose annual funding is through self -generated sales of water and sewer services with revenue aggregated into various enterprise funds. In effect, the department operates much the same way a for -profit company would and each dollar expended through accidents and work -related injuries is revenue wasted which could be used for other important projects. The department and affiliated business units have an operating budget of nearly $750 million dollars and employs over 900 employees. The budget and staff count means the Water Department is larger than most cities in Texas. Additionally, the daily operations of the department expose its employees to many dangerous conditions, hazardous environments, chemical exposures and driving and machinery exposures. Any of these could lead to significant property losses, vehicle accidents and the potential for major work -related injuries or catastrophic loss. The importance of a sound and effective comprehensive safety program is of vital importance to managing these daily operational risks and to ensuring the long- term continued financial viability of the department. This safety program audit will entail a comprehensive review of all components of the safety program, identification of improvement opportunities, and identifying goals, performance measures, current plans and best -practices that will minimize the severity and frequency of occurrences of accidents and work -related injuries and illnesses. Major Safety Program Components Included in the Audit and Assessment 1. General Worksite Safety -Fixed Sites and Field Worksites 2. Assessment of Current Safety Program, Practices, Written Plans and Procedures 3. Safety Responsibilities and Accountability, including the City's safety program, as it relates to the Water Department. 4. Safety Committee Utilization and Process 5. Safety Training including Supervisory -Level Safety Training 6. Recordkeeping and Safety Statistics 7. Industrial Hygiene Practices 8. Accident Investigation and Accident Review Board Procedures 9. HAZCOM Program -Audited for Compliance with State of Texas Mandatory Program 10. Work -Related Injuries and Illnesses including Return -to -Work and Injury Outcome Management 11. Personnel Protective Equipment and Field -Use safety Equipment 12. Fleet Safety Program including Compliance with CDL Regulations 13. Other Focus Areas as Directed by Executive Management Services Included within Scope of Work A pre -audit meeting will be conducted with Water Department senior management to discuss the objectives of the audit, identify areas of concern and obtain buy -in and support for completing the assessment. We would encourage senior management to send out an e-mail message announcing the audit and encouraging Water Department employees to cooperate and support the initiative. The Specialized Risk audit team Scope of Work includes: 1. The audit team will obtain, compile review and summarize all current safety program written documents across all business units including: safety plans, accident prevention plans, training plans, safety -related policies and procedures, HAZCOM plans, and safety -related records and reports. DRAFT 3/28/13 Page 1 of 8 City of Fort Worth, Texas Southern Specialized Risk Options, LLC Water Department Safety Program Audit Services 2. Interviews will be conducted with members of the senior management team, mid -level managers and supervisory level employees to evaluate the current safety environment and department safety culture. Interviews will be in the form of individual and group meetings. In addition to individual interviews, at least four separate group meetings will be held with Production, Water Reclamation, Meter Services, and Field Operations. 3. A visual assessment will be conducted of fixed site worksites and field worksites to review compliance and environmental conditions. Fixed work site visits will include the following: • Water Treatment Plants: North and South Holly (same location), Rolling Hills, Eagle Mountain, and Westside • Village Creek Water Reclamation Facility • Meter Services (located at the Holly complex) • Field Operations (located at the Holly complex) • The Earthfill With the permission of senior management, unannounced visits to field worksites will be conducted to evaluate the safety program compliance in an impromptu situation. 4. Developing a "Total Cost of Risk" analysis to provide the actual cost of accidents and injuries, including hidden costs, external costs and city-wide system costs, to the Water Department revenue stream. 5. Providing flowcharts of the safety management chain of command; accident reporting and investigation process and work -related injury/illness process including injury management, modified duty usage and Return -to -Work Outcome Management. 6. Benchmarking opportunities will be reviewed, including internal self -established benchmarks, and a summary of benchmarking information obtained from peer cities, national industry resources and state and federal resources will be compiled subject to the availability of relevant data. 7. Currently valued loss data will be obtained from available sources and a comprehensive loss analysis conducted for the previous five years including workers compensation losses, vehicle accidents and both first -party and third -party losses. This process will be coordinated with the Risk Management Department. A loss analysis briefing will be developed and provided for designated management team members and loss benchmarks for improvement will be suggested as a means to measure progress and the effect of improvements. 8. Reviewing the current safety training program including a review of hard copy and electronic recordkeeping. 9. Reviewing the Fleet Safety Program including the use of driver training, compliance with FMCSA hiring practices and DOT CDL Drug and Alcohol Program compliance. 10. Evaluating the implementation of the State of Texas HAZCOM Program. 11. Conducting a review of the end -to -end process for accident investigation including training, onsite investigations, recordkeeping, supervisory/management review, accident review board procedures and compliance with recommendations. 12. Other areas of interest designated by senior management. DRAFT 3/28/13 Page 2 of 8 City of Fort Worth, Texas Southern Specialized Risk Options, LLC Water Department Safety Program Audit Services Reports Output A written report will be provided which addresses each of the following areas: • Executive Summary of the Audit Process and Findings • Program Specific Review and Findings • Loss analysis and Total Cost of Risk report • Benchmarking Information • Industry Best -Practices Base Recommendations for Improvement • Flowcharts as indicated • Other information on areas of interest • Briefings as outlined Digital photographs will be used to document significant exposures and audit findings, as appropriate. A hard copy report and electronic version (provided in a CD or removable disk drive) will be provided to the Water Department staff within 30 days of the completed audit. Specialized Risk audit team members will gladly provide briefings using PowerPoint to any group upon request. Timeline for Completion We anticipate we will be able to complete the audit services beginning in early April, 2013 and completing the audit no later than July 1, 2013 (approximately 90 days). This time frame should allow for the audit process to be completed, reports generated and briefings and follow-up meetings completed in mid - August which will allow you to meet your objective within the 2013 Fiscal Year as planned.. Accuracy of Information Specialized Risk will make every effort to ensure the accuracy of the information, including the site contact person and responsible supervisor is updated at each facility site inspection and on all master reports and lists. Follow UP on Reports Water Department staff may request any changes or ask for clarifications once the final audit reports are provided. We would request that any requested changes be presented with 14 days of the receipt of reports to allow us approximately 10 business days to make any changes and resend. Pricing SSRO offers a fair and reasonable pricing of $23,350.00 fixed and final cost for the project as outlined in the proposal to include all services listed in the Scope of Work section. Our pricing contemplates a fixed cost fee; no additional costs or fees will be charged for additional work to comply with the Scope of Work as defined. This fee also includes all travel, report preparation cost and all cost for outside consultants utilized by SSRO. DRAFT 3/28/13 Page 3 of 8 Service City of Fort Worth, Texas Southern Specialized Risk Options, LLC Water Department Safety Program Audit Services Our fee is payable in two payments of 50%, with the initial payment due within 30 days of invoicing and the final payment due within 30 days of final report acceptance. Extended Cost Comprehensive Safety Program Audit In $23,350.00 Accordance with Proposal Scope of Work SUBTOTAL $23,350.00 SALES TAX (8.25%) Exempt TOTAL $23,350.00 Our Customer Satisfaction Guarantee To prove our confidence in our services Specialized RiskiM guarantees 100% customer satisfaction. Specialized Risk warrants and guarantees this project will be completed to your complete satisfaction at the quoted project cost. Exceeding your expectations is our primary goal on any project we undertake. We are so certain we will be able to accomplish this that we are willing to guarantee that we will complete the project to your total satisfaction regardless of the time needed, cost overrun or increased complexity. DRAFT 3/28/13 Page 4 of 8 City of Fort Worth, Texas Southern Specialized Risk Options, LLC Water Department Safety Program Audit Services Company Profile Specialized Risk was established in February 1996 as Tactical Concepts and was reformed as an LLC and renamed in 2004 as Southern Specialized Risk Options, LLC (SSRO) to provide specialized training and consulting services to various governmental public entity clients and select not -for -profit organizations that provide services to or support public entities. Specialized Risk is wholly owned by Steven Haynes, ARM who serves as the President and Managing Director and is responsible for daily operations. He utilizes associates with varying specialties and expertise for mission or project specific assignments. Specialized Risk continues to expand its product and service offerings as new hazards emerge, and in response to developing trends in safety and security, to provide relevant up to date specialized consulting to our clients. Our mailing address is: Southern Specialized Risk Options, LLC 205 Parkhurst Lane Allen, Texas 75013 Office Phone: 214-509-9105 E-mail Contact: shaynes@specializedrisk.com Southern Specialized Risk Options, LLC specializes in public entity and not -for -profit clients exclusively. Our staff of executives, security consultants and safety specialists all possess extensive public entity backgrounds and/or experience at the federal, state or local level. Our operations staff includes former Navy SEAL's, Navy Bomb Disposal Technicians, former Secret Service Agents, former Army Delta Force Operatives, and former state police and local law enforcement officers, as well as, former city risk managers, loss control specialists and emergency management specialists. We also have support staff members who specialize in research, analysis, data mining, civil and electrical engineering and our newest consultant has extensive experience in Organizational Psychology. We have chosen to keep our exclusive focus on public entities and not -for -profit agencies. It is difficult to do many things and do them all well. Our company philosophy and management strategy is to specialize exclusively in one area and set the benchmark for quality and service. The key to setting the benchmark is to give our customers what they want and need. The only way to do this is to take every opportunity to understand their unique challenges and needs. This can only be achieved by constant communication, willingness on our part to learn and to listen to our public entity partners and diligent follow through to ensure our customer's expectations are consistently met or exceeded. The one thing that makes us unique and sets us apart from our competitors is our staff and consultants. You will be hard pressed to find any other safety and security company that has staff members with the experience not just in theories or classrooms but in actual real world situations and counter -terrorism operations that we possess. Our approaches and methods are derived from extensive real world experience in what works and what doesn't. We have assembled an extremely talented multi -disciplinary team that draws on each other's skills and experience to provide a unique service to our clients. Our philosophy regarding this project is consistent with how we approach most projects and quite simple. We use common sense! It makes no sense for us to make elaborate, highly technical and costly recommendations that our clients don't need or can't afford or worse, that puts our customer in a precarious and uncomfortable situation by having to influence and manage multiple functional areas or departments to implement burdensome changes for which they see no relevant reason. We recognize the need to create a safe and secure environment without creating another headache. DRAFT 3/28/13 Page 5 of 8 City of Fort Worth, Texas Southern Specialized Risk Options, LLC Water Department Safety Program Audit Services A preliminary planning meeting will be held with the project coordinator and department staff to jointly develop a detailed project plan that will include elements such as; action item/milestone, scheduled and actual completion date, individual assigned responsibility for the deliverable, a list of deliverables specific to that action item/milestone, field notes and any quantifiable measurement required. Supplemental Information Software and Technology Specialized Risk has the latest in computer support and systems capabilities. We use the latest version of the Microsoft Office Suite that includes Word, Excel, and Access. We also use PowerPoint presentations extensively when doing presentations. Our systems are networked for data sharing and redundancy of data integrity. Our team uses Microsoft Exchange/Outlook e-mail to communicate and all of our systems have access to high-speed Internet connections to facilitate rapid response to customers. Additionally, all of our executives have cell phones available for 24-hour contact, secure encrypted radios, access via e-mail and fax capability. Constant, open communications, availability 24/7 and responsiveness are critical to our customers. Specialized Risk strives to make this a top priority. Specialized Risk is a certified Marshall and Swift (Boeck) appraiser; we utilize their software programs to calculate replacement cost and green standard ratings, if requested. We have worked with other clients to develop an automation process with the goal of eliminating hard copy paperwork, allowing greater access to the data collected and to facilitate sharing of information with functional areas which need the information. Number of Years of Experience Specialized Risk's staff has a minimum of 5 years experience with many having well over 25 years of experience in reviewing, developing, implementing and monitoring safety programs for public entities. Qualifications Specialized Risk is an approved provider and currently performs services of this nature, including building inspections, premises liability assessments, security and safety audits and risk management operational audits for the following companies or insurers: • Arthur J. Gallagher Risk Management • Safety and Environmental Solutions, Inc. • Omega Risk Group, Inc. • Safety Resources • AIG Insurance Company • Lexington Insurance Company • New Hampshire Insurance Company • ARCH Insurance Company • Western World Insurance Company • Tudor Insurance Company • Munich Re America Group • Chubb Property Insurance Company • ACE Insurance Company • Chats Insurance • Everest Insurance Company • Berkley Public Entity Managers Specialized Risk is also an approved loss control services provider (Field Safety Representative) for the Texas Department of Insurance -Division of Workers Compensation. DRAFT 3/28/13 Page 6 of 8 City of Fort Worth, Texas Southern Specialized Risk Options, LLC Water Department Safety Program Audit Services Identification of Key Personnel The primary daily contacts for the department will be Steven Haynes representing SSRO. Associate members of the Specialized Risk team may be brought in to assist with inspection and audit services, as needed. Conflict of Interest There are no situations anticipated that would create a conflict of interest if Specialized Risk should be awarded the contract. Continuity of Assigned Personnel The primary key contact is located in Allen and Collin County. The key contact, Steven Haynes, is available 24 hours a day, seven days a week and your staff will be able to contact him via cellular phone, pager, and will also be able to contact him at his residence for emergencies. Andrew Haynes will serve as the backup in the event the key contact becomes unavailable to complete the scheduled inspection. Client Information Updates We have the capability to target via e-mail designated key staff that has an interest in industry updates. We also will schedule a periodic meeting with designated staff and will provide relevant updates during the course of the meetings. Routine updates will be communicated through normal mail and update letters as frequently as necessary. Licensing and Insurance Specialized Risk is licensed with the Texas Safety and Security Consultants Registry as a Risk Management Consultant. Steven Haynes is licensed as a Security Consultant and Risk Manager in Texas. We maintain a general liability and commercial auto insurance policy with $1,000,000 occurrence limits and a $1,000,000 aggregate limit. We maintain $1,000,000 consultant E&O policy limit. Additionally, we purchase a $1,000,000 excess liability policy (umbrella). We do not provide workers compensation coverage since all of our employees are independent contractors and we are not required to do so under Texas Statute. Copies of our license and insurance can be provided. Regulatory Compliance Our agency has not been involved with any regulatory agency violations, litigation, administrative proceedings, or investigations by any organization since the company was established. Service Disclaimer The purpose of our reports is to serve as a general guide to help the City of Fort Worth make an informed evaluation of the overall condition of its Water Department Safety Program. The report expresses the personal opinion of the inspector based upon his visual impressions of the conditions that existed at the time of the inspection. The inspection and report are not technically exhaustive, or imply that every component was inspected, or that every possible defect was discovered. Systems and conditions that are not within the scope of the services provided by our inspectors include, but are not limited to: lead paint, asbestos, toxic or flammable materials, other environmental hazards, pest infestation, certification of compliance of playground equipment, compliance with local or national building codes, ADA compliance certifications, compliance with any specific EPA or TCEQ regulations, certification of compliance with DRAFT 3/28/13 Page 7 of 8 City of Fort Worth, Texas Southern Specialized Risk Options, LLC Water Department Safety Program Audit Services local or national fire safety code requirements. Our reports do not constitute any express or implied warranty regarding the structural, mechanical, plumbing, and electrical, installed systems, or building code compliance or conformity and should not be relied on as such. DRAFT 3/28/13 Page 8 of 8