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HomeMy WebLinkAboutResolution - 2012-R0421 - Amendment To Agreement - Hardin & Associates LLC - 11/08/2012Resolution No. 2012-RO421 November 8, 2012 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL 01: fIIE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Third Amendment to a Professional Services Agreement, by and between the City of Lubbock and Hardin & Associates, I.LC, and all related documents. Said Amendment is attached hereto and incorporated in this Resolution as if filly set forth herein and shall be included in the minutes of the Council. Passed by the City Council this November 8 , 2012. !.� ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Resolution No. 2012-R0421 STATE OF TEXAS COUNTY OF LUBBOCK AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This amendment to Agreement is entered into this SJ `h day of 2012 between the City of Lubbock, a Texas municipal corporation (hereinafter called "the City") and Hardin & Associates„ Inc. (the "Consultant'), a Texas corporation. WHEREAS, the Consultant and the City have previously entered into Agreement dated April 19, 2010, Resolution No. 2010-R0203 (hereinafter called "the Agreement'), which said Agreement was amended on October 28, 2010, Resolution No. 2010-R0532, and September 8, 2011, Resolution No. 201 I -R0389; 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 Reinspections 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) and cross -connection surveys as required by the Texas Commission on Environmental Quality (TCEQ), and 2) providing CSI Compliance Reinspection to ensure customer compliance to the City of Lubbock Cross -Connection Control Backflow Prevention Program and Ordinance; and WHEREAS, the original Agreement shall expire pursuant to its terms; 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 $_284,600 to the maximum amount payable of this contract, thus establishing a new maximum amount payable for this contract at $1,130,100_; and WHEREAS, the added cost is necessary to conduct additional backflow prevention customer service inspections, reinspection, and cross -connection surveys as required by the TCEQ 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-3" that is attached hereto. 2) That "Attachment B" of the Agreement is hereby substituted and replaced with the Attachment `13-3" that is attached hereto. 3) That "Attachment C" of the Agreement is hereby substituted and replaced with the Attachment "C-3" 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. [INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of this •,7 'h day of '2012. CITY OF LUBBOCK C GL.'ROAKSON, MAYOR ATTEST: Rebe a Garza, City Secret ROVED AS To TENT: Aubrey A. 141ar, P.E., Efirector of Water Resources APPROVED AS TO FORM: A uns, Ass�stan omey HARDIN & ASSOCIATES CONSULTING, LLC Name: Michelle Hardin Title: Principal EXHIBIT A-3 SCOPE OF SERVICES (CONTRACT EXTENSION) BACKFLOW PROTECTION PROGRAM CONSULTING 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 (COL) Cross -Connection Control Backflow Prevention Program and Ordinance. BACKGROUND HAC has been working with the City of Lubbock (COL)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 (j) 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 tire 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. 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. CSIs 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 from list provided by COL. COL to input data from cross -connection control water use survey inspections and corrective action forms into existing XC2 data base. City will mail compliance letters to customers. 2.4. Conduct Cross -connection Surveys Follow Up Inspections as requested from COL (hourly) Task 3 —Conduct CSI Compliance Reinspection to ensure customer compliance Provide assistance to city staff with CSI Compliance Reinspections. These reinspection will determine customer compliance to the City of Lubbock's Backflow Prevention and Cross - Connection Control program. HAC inspectors will conduct reinspection 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 Reinspection 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. KI EXHIBIT B-3 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) $ 6,900 Task 2: CSI / Cross -Connection Survey Backflow Inspections $ 269,500 2.1. Customer Service Inspections (CSIs) $ 9,000 2.2. CSI Cross -Connection Survey Data Management $ 500 2.3. Conduct Cross -Connection Surveys $ 190,000 2.4. Conduct Cross -connection Surveys Follow Up Inspections $ 70,000 Task 3: CSI Compliance Reinspections $ 8,200 3.1. Conduct in the field CSI Compliance Reinspections $ 8,000 3.2. CSI Compliance Reinspections data entry $ 200 Total Contract Amount $ 284,600 *All tasks associated with this contract are scheduled to be accomplished by September 30, 2013. 3 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 40 20 900 \lana ment 2 Backflow Inspections Customer 2.1 Service 85 $9,000 Ins ection% 2 2 Data $500 Management Cross- 1,520 /40 2.3 Connection hrs/week $190,000 Water Use = ' Survey 38 weeks Cross - / 40 Connection hrs/week 2.4 Water Use $70,000 Survey 14 weeks Rcins cctions Conduct in the field CSI 3 3.1 Compliance 64 $8,000 Reinspections purl CSI Compliance 3.2 Reinspections 8 $200 data entry purl 3 EXHIBIT C-3 RATE SCHEDULE BACKFLOW PROTECTION PROGRAM CONSULTING HARDIN & ASSOCIATES CONSULTING, LLC COMPENSATION Senior Project Manager $125.00 Project Manager $95.00 Technical Advisor 1 $75.00 Principal In Charge $125.00 Senior Account Manager $95.00 Data Entry Clerk $25.00 *These costs include all labor, per diem, materials and other cost associated with this assignment.