HomeMy WebLinkAboutResolution - 2010-R0532 - Contract 9513 Hardin & Associates Consulting LLC Backflow Prevention - 10/28/2010Resolution No. 2010-RO532
October 28, 2010
Item No. 5.11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to a
Professional Services Agreement, by and between the City of Lubbock and Hardin &
Associates, LLC, and all related documents. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this
ATTEST:
Rebe ca Garza, City Secretary
APPROVFD AS TO CONTENT:
ffia.�t�a-- #'�) j j
Marsha Reed, P.E., Chief Operating Officer
APPROVED AS TO FORM:
Am i s, Assis t City orney
asiccdocs.Reso Hardin &Assoc. 10.12.10
October 28
TOM MARTIN, MAYOR
, 2010.
Resolution No. 2010-RO532
STATE OF TEXAS §
COUNTY OF LUBBOCK
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
This amendment to Agreement is entered into this 28 'h day of
October , 2010 between the City of Lubbock, a Texas municipal corporation
(hereinafter called "the City") and Hardin & Associates, LLC. (the "Consultant"), a
Texas corporation.
WHEREAS, the Consultant and the City have previously entered into Agreement
dated April 19, 2010, Resolution No. 2010-RO203 (hereinafter called "the Agreement");
and
WHEREAS, this Amendment to the Agreement adds scope to the original
agreement and the City and the Consultant hereby desire to amend said agreement; and
WHEREAS, the Agreement and this Amendment to the Agreement provide for
Professional Services for conducting backflow prevention customer service inspections
(CSIs) as required by the Texas Commission on Environmental Quality (TCEQ), and
providing CSI Compliance Reinspection to ensure customer compliance to the City of
Lubbock Cross -Connection Control Backflow Prevention Program and Ordinance; and
WHEREAS, the purpose of this amendment is to extend the Agreement to allow
Hardin & Associates Consulting, LLC. to continue assisting the City in: 1) conducting
backflow prevention customer service inspections (CSIs) as required by the Texas
Commission on Environmental Quality (TCEQ), and 2) providing CSI Compliance
Reinspections to ensure customer compliance to the City of Lubbock Cross -Connection
Control Backflow Prevention Program and Ordinance; and
WHEREAS, the original scope specified conducting 1,760 CSIs and this
Amendment to the Agreement will add an additional 2,000 CSIs to be conducted and 550
CSI compliance reinpections to be conducted; and
WHEREAS, this Amendment to the Agreement extends the time for the original
Agreement and shall expire on September 30, 2011; and
WHEREAS, after completion of the initial Agreement term and amendment, the
Agreement may be renewed for a period not to exceed one year per renewal with no more
than two renewal periods, under the same terms and conditions and at the sole discretion
of the City; and
WHEREAS, this Amendment to the Agreement will add $300,930 to the
maximum amount payable of this contract, thus increasing the maximum amount payable
from $243,640, and establishing a new maximum amount payable for this contract at
$544,570; and
WHEREAS, the added cost is necessary to conduct 2,000 additional backflow
prevention customer service inspections as required by the TCEQ and 550 CSI
compliance reinpections to ensure customer compliance to the City of Lubbock Cross -
Connection Control Backflow Prevention Program and Ordinance.
NOW THEREFORE, the City and the Consultant hereby agree to amend the
Agreement as follows:
1) That "Attachment A" of the Agreement is hereby substituted and replaced
with the Attachment "A-1" that is attached hereto.
2) That "Attachment B" of the Agreement is hereby substituted and replaced
with the Attachment "B-1" that is attached hereto.
3) That "Attachment C" of the Agreement is hereby substituted and replaced
with the Attachment "C-1" that is attached hereto.
4) This amendment to the Agreement shall be effective upon execution. The
remainder of the Agreement shall remain in full force and affect except as
changed herein.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized representatives as of this 28th day of October , 2010.
CITY OF LUBBOCK
g- ,..-14t; e —
TOM MARTIN, MAYOR
ATTEST:
PO
Rebecbe Garza, City Secretary
APPROVED AS TO CONTENT:
Aubrey A. Spear . ., irect4oWater Resources
APPROVED AS TO FORM:
r
Amy , Assist
Ci Atto y
HARDIN & ASSOCIATES CONSULTING, LLC
By:
Name: ,
Title:
Resolution No. 2010-RO532
EXHIBIT A-1
SCOPE OF SERVICES (CONTRACT EXTENSION)
BACKFLOW PROTECTION PROGRAM CONSULTING
HARDIN & ASSOCIATES CONSULTING, LLC
The purpose of this scope of services is for the contract extension between Hardin & Associates
Consulting, LLC (HAC) and the City of Lubbock to allow HAC to continuing assisting the City in
1) conducting backflow prevention customer service inspections (CSIs) as required by the Texas
Commission on Environmental Quality (TCEQ), and 2) Providing CSI Compliance Reinspections
to ensure customer compliance to the City of Lubbock Cross -Connection Control Backflow
Prevention Program and Ordinance.
BACKGROUND
HAC has been working with the City of Lubbock to ensure that the City obtains compliance to the
TCEQ regulations that mandate that all public water suppliers have a program to require backflow
prevention devices be installed to protect against contamination of public water supplies. This rule
became effective January 1, 1996, is found in the Texas Administrative Code, Title 30, and Chapter
290, which states as follows:
§290.46 0) Customer Service Inspections. A customer service inspection certificate shall
be completed prior to providing continuous water service to new construction, on any
existing service either when the water purveyor has reason to believe that cross -connections
or other potential contaminant hazards exist, or after any material improvement, correction,
or addition to the private water distribution facilities. Any customer service inspection
certificate form which varies from the format found in §290.47(d) of this title (relating to
Appendices) must be approved by the executive director prior to being placed in use.
§290.44 Water Distribution. (h). (1). No water connection from any public drinking water
supply system shall be made to any establishment where an actual or potential
contamination or system hazard exists without an air gap separation between the drinking
water supply and the source of potential contamination. .... Under these conditions,
additional protection shall be required at the meter in the form of a backflow prevention
device ... on those establishments handling substances deleterious or hazardous to the public
health. The water purveyor need not require backflow protection at the water service
entrance if an adequate cross -connection control program is in effect that includes an
annual inspection and testing by a certified backflow prevention device tester. It will be
the responsibility of the water purveyor to ensure that these requirements are met.
(Emphasis added)
The TCEQ began full enforcement of these regulations and evaluates public water systems for
compliance through its annual public water system inspection program. All systems found without
a program or with an inadequate program may risk potential enforcement action in the form of
fines each day from the TCEQ until an approved program is in place.
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MAJOR TASKS
The major tasks that will be performed by Hardin & Associates Consulting, LLC (HAC) include the
following:
Task 1 - Project Management
HAC will assign a senior Business Consultant Practice (BCP) leader as Project Manager for
preparation of the Cross -Connection Control Backflow Prevention Program. Their
responsibilities will include leading the project efforts, preparing schedule, insuring that the
project is completed in accordance with the Scope of Work, coordinating inspector schedules and
serving as the key contact between the City of Lubbock and HAC staff. Project Management
will include the development of new CSI Compliance Reinspection Form and template Customer
Notification Letter for use during the CSI Compliance Reinspection.
Task 2 — Identification of Backflow/Cross-Connection Devices
Continue to assist City staff with identifying and developing an approach designed to help
identify the types and number of possible water utility connections that could require annual
inspection and testing that will meet the TCEQ mandated backflow inspection schedule. This
will require a listing (provided by City of Lubbock staff) of water and sewer customer accounts
that have or potentially will need the backflow prevention devices. All appropriate accounts will
be reviewed by HAC to determine the type of account and possible risk associated with potential
cross -connection.
2.1. Conduct in the field CSI inspections for the purpose of compliance, validation and staff
training. CISs include Lead Swabs and associated inspection forms
2.2. Enter data from CSI inspections into cross -connection software
2.3. Conduct cross -connection control water use survey inspections (these will be approved
on a case by case basis by COL).
Task 3 —Conduct CSI Compliance Reinspections to ensure customer compliance.
Provide assistance to city staff with CSI Compliance Reinspections. These reinspections will
determine customer compliance to the City of Lubbock's Backflow Prevention and Cross -
Connection Control program. HAC inspectors will conduct reinspections from the initial CSI
inspection documents as well as utilizing a new CSI Compliance Reinspection Form that will
track the actions completed by a customer to achieve compliance. This process includes the
initial CSI Compliance Reinspection as well as a follow up inspection to secure customer
compliance to the City Code of Ordinance.
3.1. Conduct in the field CSI Compliance Reinspections for the purpose of compliance
3.2. Enter and track all HAC inspector CSI Compliance Reinspections documents
3.3. Provide City Staff with updated HAC tracking database of all CSI Compliance
Reinspections and pending actions for use by city staff for enforcement
recommendations.
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Resolution No. 2010-RO532
EXHIBIT B-1
PAYMENT OF FEES
BACKFLOW PROTECTION PROGRAM CONSULTING
HARDIN & ASSOCIATES CONSULTING, LLC
The City shall pay HAC for services set forth in Exhibit A on an hourly rate basis and per
inspection basis as indicated in the attached schedule below. Each task shall be paid on a Not -to -
Exceed basis as follows:
Task 1: Project Management (hourly) $ 11,180
Task 2: CSI / Backflow Inspections $220,000
2.1. Customer Service Inspections (CSIs) (per inspection) $210,000
2.2. CIS Data Management (hourly) $ 5,000
2.3. Cross -Connection Surveys (upon City approval) (hourly) $ 5,000
Task 3: CSI Compliance Reinspections $ 69,750
3.1. Conduct in the field CSI Compliance Reinspections (hourly) $ 68,750
3.2. CSI Compliance Reinspections data entry (hourly) $ 1,000
Total Contract Amount
$300,930
*All tasks associated with this contract are scheduled to be accomplished by September 30,
2011.
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Backflow
Cross -
Connection
Water Use
CSI
Control
Sr
Per
Survey
Compliance
Sub
Program and
PM
PM
TA
PIC
SAM
DM
Inspection
Inspection
Reinspections
Tasks
Tasks
Ordinance
$125
$95
$75
$125
$95
$25
$105
$125 (hourly)
$125 (hourly)
Cost
1
Project
52
40
4
4
S11,180
Management
2
Backflow
Inspections
Customer
2.1
Service
2,000
S210,000
Inspections
9.1
Data
200
55,000
Management
Cross -
2.3
Connection
4U
$5,000
Water Use
Survey
Conduct in the
field CSI
3
3.1
Compliance
550
S68,750
Reinspections
(hour)
CSI Compliance
3.2
Reinspections
40
S1,000
data entry
(hourly)
3
Resolution No. 2010-RO532
EXHIBIT C-1
RATE SCHEDULE
BACKFLOW PROTECTION PROGRAM CONSULTING
HARDIN & ASSOCIATES CONSULTING, LLC
COMPENSATION
Senior Project Manager
$125.00
Project Manager
$95.00
Technical Advisor
$75.00
Principal In Charge
$125.00
Senior Account Manager
$95.00
Data Entry Clerk
$25.00
Inspection Se ices
Ins ecticin atc
Performing CSI Inspection
7PeerEforn-iingCSI
$105.00 per inspection
Performing Water Use SurveyInspection
$125.00 per hour
Compliance Reins ections
$125.00 per hour
*These costs include all labor, per diem, materials and other cost associated with this assignment.
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