HomeMy WebLinkAbout12 CORROSION CNTL STDY 03-21-94AGEN
DATE:
MARCH 21, 1994
Inter-Com
NO. 12
3-21-94
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/WATER DMSION
PROFESSIONAl, SERVICES AGREEMENT - CORROSION CONTROL STUDY
RECOMMENDATION:
That the Tustin City COuncil, at its meeting .of March 21, 1994, authorize the Mayor and City Clerk
to execute a Professional Services Agreement with Black and Veatch for completion of a Corrosion
Control Study- Desktop Evaluation, pending final City Attorney approval.
FISCAL IMPACT:
$17,000 from Water Operations Budget
BACKGROUND:
The United States Environmental Protection Agency (EPA) has promulgated its Lead and Copper Rule.
The purpose of the Lead and Copper Rule is to reduce public exposure to lead. Even though drinking
water contributes only a small portion of the total exposure to lead. EPA believes that the acute toxic
effects of lead justify significant public expenditures to eliminate this pathway of exposure. The rule
requires that utilities complete the following phases:
Phase I
Monitoring and Data Collection
Phase H
Evaluation of Data and Determination of Optimal Corrosion Control
Phase III Implementation of Optimal Corrosion Control
The Water Service has completed Phase I, which included in-home sampling of designated "high risk"
homes, and the collection of water quality data which will indicate the corrosion potential of the water.
Of the 147 "high risk" samples collected, 80% had no lead detected, and the total of all samples was
below the EPA Action Level. However, Since trace amounts of lead were encountered in 20% of the
samples collected, the rule requires that a corrosion control study be completed.
The Water Service requested proposals from three consulting engin~ring firms for completion of the
required work. These fLrms are:
Black and Veatch
CH2M Hill
John Carollo Engineers
PROFESSIONAL SERVICES AGREEMENT - CORROSION CONTROL STUDY
March 21, 1994
Page 2
Proposals were returned on February 10, 1994. In conformance with state legislative requirements,
staff has evaluated the proposals on the basis of demonstrated competence, professional qualifications
for satisfactoy performance of the required work, and familiarity and prior experience with corrosion
control studies. The proposal submitted by Black and Veatch indicated the greatest knowledge and
experience with this type of work.
The selection committee recommends that Black and Veatch be selected to perform the work.
DISCUSSION:
Under this agreement, the consultant will evaluate the data collected and run a computerized analysis
of various treatment scenarios. Recommendations will then be made for optimal corrosion control, and
these will be reported to EPA. EPA then has six months to designate to the Water Service which
corrosion control method is optimal. Optimal corrosion control may range from options of no treatment
at all, to installation of equipment at well sites and imported water connections which would inject
corrosion control chemicals. Utilities which are required to install treatment equipment then have three
years to completely implement the practice.
Bob Ledenciecker
Director of Public Works/City Engineer
Gary R. Veeh
Water Service Manager
BL:GRV:cmc
PROFESSIONAL SERVICF~$ AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of ,19 ,
by and between CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City")
and Black & Veatch (hereinafter referred to as "Consultant").
WITNESSETH:
WHEREAS, City desires to employ Consultant to furnish the necessary engineering
services for completion of a Corrosion Control Study - Desktop Evaluation, hereinafter referred
to as ~Project"; and
WHEREAS, Consultant is qualified to provide the necessary services in connection with
said Project and has agreed to provide the necessary services; and
WHEREAS, Consultant has submitted to City a proposal (Exhibit "A") dated
February 9, 1994, which includes the following parts, attached hereto, marked as indicated and
incorporated herein as though set forth in full herein: Scope of Work; Related Experience,
Project Management, Project Schedule, Information Provided by the City, Fee Schedule
(Exhibit "B"), and Schedule of Hourly Rates (Exhibit "C").
NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to
provide the professional services for the Project, and City and Consultant, for t:qe consideration
hereinafter set forth, agree as follows:
Section 1- Scope of Consultant's Services. Consultant agrees to furnish to City
consulting services for the Project. These services shall include all of the services solicited in
City's Request for Proposal dated January 25, 1994, a copy of which is attache2 hereto, marked
Exhibit nD", and all the services included within the Consultant's proposal.
Section 2; Time for Completion. It is hereby understood and mutually agreed that the
time for completion of the work to be performed by Consultant is an essential condition of this
agreement. Consultant agrees that it shall prosecute regularly and diligently the work of this
agreement accordingly to reasonable schedules established by City for the various items
described and as outlined within Consultant's proposal. Consultant shall not be accountable for
delays in the progress of its work caused by any condition beyond its control and without the
fault or negligence of Consultant, Any delays shall not entitle Consultant to any additional
compensation, regardless of the party responsible for the delay.
Section 3: Compensation. The compensation to be paid under this agreement shall be
as set forth in the Consultant's proposal with a total cost not to exceed $17,000. Progress
payments for work completed will be paid as the work progresses, within thirty (30) days of the
date of Consultant's invoice. These payments will be based upon submittal of detailed invoices
and based upon the actual work performed for each individual task not exceeding that provided
in the consultant proposal.
Section 4: Statement of Costs. Pursuant to the provisions of California Government
Code Section 7550, the total amount expended by City relating to the preparation of the report
and documents prescribed herein shall be set forth within the final edition thereof, in a separate
section, in a statement substantially as follows: "Pursuant to California Government Code
Section 7550, the City of Tustin expended the total amount of $
for the
preparation of this report and/or documents."
Section 5: Job Site Conditions. The City agrees that in accordance with generally
accepted construction practices, the construction contractor will be required to assume sole and
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complete responsibility for job site conditions during the course of construction of this
project, including safety of all persons and property and that this requirement shall be made
to apply continuously and not be limited't° normal working hours.
Section 6: Miscellaneous Provisions.
__
A. City and Consultant further agree to the following conditions:
(1) City, by notifying Consultant in writing, shall have the right to terminate
·
any or all of the serVices covered by this agreement at any time. In the event of such
termination, Consultant shall be paid for serVices rendered to the effective date of the
termination.
(2) Consultant agrees that it shall proceed immediately and diligently to
perform the serVices provided for in this Agreement upon receipt of notice from City to proceed
therewith.
(3) The terms and provisions of this agreement shall extend to and be binding
upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the
respective parties thereto.
(4) Consultant shall perform the serVices hereunder as an independent
contractor and under no circumstances or conditions shall Consultant or any of its agents,
servants and employees, be considered as an employee or agent of the City.
(5) Consultant shall perform all serVices required under this agreement using
that degree of care and skill ordinarily exercised under similar conditions in similar localities,
and shall be responsible for all errors and omissions for serVices performed by Consultant under
the terms of this Agreement. Consultant agrees to indemnify, defend and hold City, its agents,
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employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or
other claim made by other persons and from costs, expenses and charges, including attorney's
fees, arising from Consultant's negligent performance of this agreement. Consultant shall
maintain in full force and effect during the term of this agreement policies of comprehensive
general liability, personal injury and liability insurance with limits of at least $1,000,000
combined single limit coverage per occurrence and professional liability insurance coverage with
limits of at least $250,000 combined single limit coverage per occurrence for which certificates
of insurance have heretofore been delivered to City.
(6) Consultant shall carry and pay for such compensation insurance as is
necessary to fully protect Consultant and its employees under California Worker's Compensation
Insurance and Safety Laws, to relieve City from all responsibility under said laws in connection
with the performance of this agreement, and upon execution of this agreement, to file with City
a certificate certifying to said protection.
(7) Consultant certifies that there shall be no discrimination against any
employee who is employed in the work covered by this agreement, or against any application
for such employment, because of race, religion, color, sex or national origin including, but not
limited to, the following:
a. Employment, upgrading, demotion or transfer, recruitment, or
recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
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(8) Consultant shall provide City monthly with a detailed itemization of all
work performed, and the £~s accrued thereon, in complete and sufficient detail to fully apprise
City thereof.
IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and
year first above written.
CITY OF TUSTIN, a Municipal Corporation
ATTEST:
BY
Mayor
City Clerk
APPROVED AS TO FOlD, f:
City Attorney
BLACK & VEATCH
BY
Dan Badaluco, P.E.
Irvine Office Manager
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EXHIBIT '
Corrosion
Control
Desktop Evaluation
Prepared for
City of Tustin
Public Works / Water Service Division
February 1994
EXHIBIT 'A'
BLACK & VEATCH
PlaO(~l~ESS BY DESIGN
THIS
DOCUMENT IS AVAILABLE
ON REQUEST FROM
FOR
REVIEW
CITY
OF
TUSTIN WATER OPERATIONS'
235 E. MAIN STREET
TUSTIN, CA 92680
OFFICE
(71 4) 573-3375
FEE SCIIEDULE
As requested, we show below a "not to exceed" c°st for each task. Our
internal Quality Assurance/Quality Control has been included within Task 600.
We have added a 15 percent contingency to the "expected cost" for each task
to arrive at a total "not to exceed" cost of $17,000. Because we would realize
administrative savings if we were not required to bill for each task during each
billing cycle, Black & Veatch would be willing to contract for this study on a
lump sum basis of $14,800. Use of a lump sum contract would, therefore,
save you up to $2,200 and simplify your project accounting.
Task No. Anticipated Cost, $ Not to Exceed Cost, $
100 3,000 3,450
200 1,090 1,250
300 2,260 2,600
400 2,360 2,710
500 1,880 2,160
600 4,210 4,840
Totals: 14,800 17,000
M4771.0294
M4771.0294
SCHEDULE OF HOURLY RATES
Position
Office Manager
Project Manager
Staff Engineer
Quality Control Engineer
· ttourly Billing Rate
$132
$110
$60
$8O