AGENDA REPORT
Meeting Date: August 1, 2023
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Vince Damasse, P.E., Water Resources/Operations Manager Melissa Gomez, Senior Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
HAZEN AND SAWYER FOR ASSISTANCE WITH LEAD AND
COPPER RULE REVISIONS (LCRR); AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF
$213,500
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends City Council move to waive bidding requirements pursuant to Beverly Hills Municipal Code 3-3-112 (G) and approve an agreement with Hazen and Sawyer for assistance with the Lead and Copper Rule Revisions required by the California State Water Resources Control Board Division of Drinking Water and approve a purchase order in the amount of $213,500.
INTRODUCTION
The LCRR was promulgated by the United States Environmental Protection Agency (USEPA) on January 15, 2021, and became effective on December 16, 2021. The LCRR includes a three-year timeframe for utilities, such as the Beverly Hills’ Water Utility, to meet the new regulatory requirements (mentioned in the discussion) with a compliance deadline of October 16, 2024. State agencies retain the option to accelerate this timeline; however, the California State Water Resources Control Board Division of Drinking Water (DDW) is planning to match the USEPA’s compliance deadline.
DISCUSSION
The LCRR requires utilities to complete the following tasks:
Meeting Date: August 1, 2023
• Lead Service Line (LSL) Inventory – both upstream and downstream of the meter; historically, water purveyors, including the City of Beverly Hills, maintain records of the service line materials for service lines leading from the water main to upstream of the water meter. The new regulatory requirement requires water purveyors to inventory service lines both upstream and downstream (private property side) of the meters. • Lead Service Line Replacement Plan (if any lead, galvanized services requiring replacement (GRR), or lead service line materials that may be unknown but are present in the LSL Inventory).
• Compliance Sample Site Selection – The City complies with the current LCRR and samples at various selected site locations. The sample site selection may change and will be updated as part of the LCRR inventory development.
• List of Schools and Childcare Facilities Requiring Testing – As part of the LCRR lead service line inventory, the City’s existing list of schools and childcare facilities requiring lead and copper testing may have to be updated.
The LSL Inventory must include the public and privately-owned portions of each service line and indicate whether the service line material is lead, galvanized requiring replacement (GRR), non-lead, or lead status unknown. The LSL Inventory must include a location identifier for each service line and must be made publicly available using an online electronic format for Community Water Systems (CWSs) which service more than 50,000 customers.
The City of Beverly Hills is contracting Hazen and Sawyer for assistance with LCRR regulatory compliance. The purpose of the project is to prepare the City for LCRR compliance through historical records research and the development of an LSL Inventory framework, service line identification action plan, and protocol for school and childcare facility sampling. The LSL Inventory framework will become the baseline for understanding a preliminary number of non-lead, lead status unknown service lines, LSLs, and galvanized services requiring replacement (GRR) within the service area. Results from the development of the LSL Inventory framework will be used to create the service line identification action plan, public outreach, and a protocol for school and childcare facility sampling.
The following tasks will be performed as part of this project (Phase 1):
• Task 1: Project Management and Meetings
• Task 2: Regulatory Coordination
• Task 3: Record and Code Review
• Task 4: LSL Inventory Framework
• Task 5: Service Line Identification Action Plan
• Task 6: Public Outreach and Education
• Task 7: School and Childcare Facility Sampling Plan
Phase 1 is anticipated to be completed within nine months of the start date. The agreement may be amended in the future to include Phase 2, Program Implementation and Meeting Date: August 1, 2023
Regulatory Submittal, and Phase 3, Inventory Updates, Sampling, and Corrosion Control Optimization of the project.
Beverly Hills Municipal Code 3-3-112 (G) allows an exception to the bidding requirement when the contract is for professional services such as attorneys, physicians, architects, engineers, consultants, accountants, specialized printers or other individuals or organizations possessing a high degree of professional, unique, specialized or technical skill or expertise. In this case, Hazen and Sawyer will provide specialized professional services which is an allowed exception to the bidding requirement.
FISCAL IMPACT
Staff recommends the approval of the Hazen and Sawyer agreement and purchase order totaling $213,500. Funds are available and budgeted for in the Water Enterprise Fund.
Shana Epstein
Director of Public Works
Approved By
Attachment 1
B0785-0001\2833610v3.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
HAZEN AND SAWYER FOR ASSISTANCE WITH LEAD AND
COPPER RULE REVISIONS (LCRR)
NAME OF CONSULTANT: Hazen and Sawyer
RESPONSIBLE PRINCIPAL OF CONSULTANT: Tori Yokoyama, P.E., Project Manager CONSULTANT’S ADDRESS: 7700 Irvine Center Drive, Suite 200 Irvine, CA 92618
Attention: Tori Yokoyama, P.E., Project
Manager
CONSULTANT’S E.I.N./TAX I.D. NO.: 13-2904652
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: August 1, 2023
TERMINATION DATE: June 30, 2024, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed $213,500.00 as more
particularly described in Exhibit B
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
HAZEN AND SAWYER FOR ASSISTANCE WITH LEAD AND
COPPER RULE REVISIONS (LCRR)
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and Hazen and Sawyer (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
3 (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
4 Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
5 (g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
6 authorized representatives of CITY, including the City Manager or designee, free of charge.
CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained.
CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
7 Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor
ATTEST:
__________________________(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: Hazen and Sawyer
CINDY MILLER
Vice President
WILLIAM CRAYON
Chief Financial Officer
[Signatures continue]
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
8 APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
_____________________________
SHANA E. EPSTEIN
Director of Public Works
_____________________________
ROBERT WELCH
Utilities General Manager
_____________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 9 B0785-0001\2833610v3.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall provide assistance to CITY to complete Phase 1 of the Lead and Copper Rule Revisions (LCRR) compliance program required by the California State Water Resources Control Board Division of Drinking Water (DDW) to develop and maintain a water service line inventory for the purpose of identifying and removing lead from drinking water (the “Project”).
Task 1: Program Management and Meetings
CONSULTANT will provide program management services throughout the Project, including preparation of billing statements, document control, record keeping, and Project budget and schedule tracking. CONSULTANT will also track project performance including budget and schedule, identify any outstanding issues, and hold progress meetings/conference calls with CITY staff as necessary.
Kickoff Meeting
CONSULTANT will conduct a one-hour virtual kickoff meeting with CITY to introduce CONSULTANT Project team, establish lines of communication, review LCRR requirements, and review the scope of services and Project schedule. All CITY staff involved in the LCRR Lead Service Line (LSL) Inventory and Service Line Identification Action Plan are encouraged to attend the kickoff meeting.
During the kickoff meeting, CONSULTANT will verify CITY’s LCRR team participants, needs, and schedule.
Regular Coordination Meetings
CONSULTANT will coordinate with CITY throughout the duration of the Project. Coordination meetings will be held between CONSULTANT’s Program Manager, CONSULTANT’s Deputy Program Manager, CONSULTANT’s Project Engineer(s), and CITY’s Project Manager and staff, as needed (up to eight meetings).
Deliverable(s):
Kickoff and monthly coordination meeting agendas and minutes Monthly invoices and progress report along with invoice Assumption(s):
Conduct a kickoff meeting and virtual monthly progress calls, as needed, throughout Project (estimated at nine months).
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
10 Task 2: Regulatory Coordination
While California State Water Resources Control Board Division of Drinking Water (DDW) is requiring all utilities to complete their LSL Inventory, Sampling Plan, and LSL Replacement Plan by October 16, 2024, DDW is still developing the standard/approved methods for the inventory.
Thus, coordination with DDW to ensure regulatory compliance is a top priority for this Project.
Specifically, CITY will require clarification from DDW within the early Project stages on the following items:
DDW’s requirement for the minimum number of points of verification for service line materials; and
Approved methods to verify service line materials including use of sample results and/or statistical models (i.e., Machine Learning Model).
CONSULTANT will regularly communicate with DDW over the Project duration to update progress and obtain LCRR status updates for California. CONSULTANT will prepare for and attend up to two (2) meetings with DDW to seek clarification and approval for these items.
Deliverable(s):
A material verification method approach summary sent electronically to DDW which will identify:
o Available data sources;
o Data gaps; and
o Methods for identification of lead status unknown service lines.
Assumption(s):
CONSULTANT will conduct regulatory coordination meetings with DDW on the material verification methods and development of the inventory throughout the duration of the Project.
Written verification of DDW on service line material identification methods will be required prior to finalizing the Service Line Identification Action Plan (Task 5 below).
Task 3: Record and Code Review
CONSULTANT will develop a data request summarizing information needed for the LSL Inventory and Sampling Plan development and submit the request to CITY after notice to proceed and before the Kickoff Meeting to allow time for CITY to research/determine what data is available and review data needs during the Kickoff Meeting. CONSULTANT shall conduct an historical code review for the LSL inventory as it pertains to the CITY.
To begin evaluating available information and historical records, CONSULTANT will perform an initial records research (up to 50 individual records total) related to Environmental Protection Agency (EPA) requirements which could include the following:
Private-side construction permits, e.g. plumbing permits; DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
11 Existing records or other documentation that indicates the private-side service line material, e.g. tap cards, work order notes or forms;
Distribution system maps and drawings of private connections (as-builts); Historical records on each service connection (inspection records); Meter installation records, e.g. typical details, GIS data on locations, diameters, and installation dates;
Historical capital improvement plans (for as many years available); GIS data with installation dates, location, diameter, and material data for water mains and service lines;
Customer billing data which includes connection dates and active accounts; Property Appraiser’s Database (including construction date); Any other record sources utilized for the development of the public-side inventory submitted to DDW.
Using information provided by CITY, CONSULTANT will review a representative set of relevant documents or electronic record types to identify useful information for the service line inventory.
Based on this review, CONSULTANT will recommend record types for future tabulation to populate service line materials in the inventory. CONSULTANT will present the findings from this task under the
Task 5 workshop.
Additional approaches for CONSULTANT to collect data to integrate into the service line material inventory include meetings with other CITY departments to provide additional insight on available service line material information. CONSULTANT may conduct small group meetings with CITY personnel, meter services, customer services, operations and maintenance, and/or GIS services to collect and document institutional knowledge on which service line materials are typically found in what areas of CITY. CONSULTANT will meet with CITY to receive input and to discuss the conclusions of this task.
Deliverable(s):
Data Request
Review meeting agenda and minutes (up to five small group meetings) Assumption(s):
Up to a total of 50 individual example records will be reviewed; these records may include up to four different types and will be used to assess usefulness for the LSL inventory and identify relevant data fields.
Support for continued record review, if requested by CITY, would be under a separate task order.
CITY will provide available GIS records of service line or meter locations, or a customer account service listing to identify which parcels or buildings are served by the system. CONSULTANT may require direct support of CITY in coordinating information gathering, i.e., building codes, with the County or Municipality.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
12 CITY will provide the complete utility-side service line inventory submitted to DDW.
Task 4: LSL Inventory Framework
CONSULTANT will create a database structure in ESRI ArcGIS that utilizes existing GIS database layers including water meters, property parcels, water mains and service lines. CONSULTANT will develop service line material category options (e.g., “lead”, “non-lead”, “lead status unknown”, or “galvanized requiring replacement”) and symbology for both public and private service line materials that align with DDW requirements. Based on the data review and analysis, CONSULTANT will use indirect service line investigation criteria developed from Task 3 to differentiate between service line category options. A statistical likelihood analysis using designated criteria will be performed. Results from this analysis will be presented in a map showing areas most likely to contain lead. An LSL Inventory Database Technical Memorandum will be developed to document criteria and methods used to create the LSL Inventory.
CONSULTANT will schedule and facilitate a service line inventory workshop to review the database and discuss the following with CITY staff:
Potential limitations and inaccuracies of the indirect designation approach that could necessitate additional manual data review or field verification efforts. Significant data gaps that could require field investigation. High-level strategies to incorporate other data sources to classify lead status unknown service line materials (i.e., record drawings and ongoing CIP or AMI water meter replacement projects).
Analysis of the number of lead status unknown service line materials. Maps identifying areas within CITY’s system most likely to contain LSLs or Galvanized Requiring Replacement (GRR) and areas recommended for the Field Identification Plan.
Summary table(s) estimating the quantity of parcels that may contain LSLs or GRRs. List of locations throughout the service area where available GIS information or other records are not sufficient to conclude the presence or absence of LSLs. These locations will be identified as “Lead Status Unknown” within the preliminary LSL Inventory.
Deliverable(s):
Preliminary framework for LSL inventory database in GIS Draft and Final LSL Inventory Database Technical Memo Prioritization map for LSL and GRR identification
Meeting agendas and minutes
Assumption(s):
CITY will provide an electronic Real Estate Assessor’s database for the entire water service area (which includes CITY and a portion of West Hollywood) in GIS format indicating building construction dates and building types.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
13 Additional updates beyond the framework will be completed by CITY or CONSULTANT in a future phase of this effort under a separate task order. CONSULTANT will utilize the definition of a GRR service line which states: “A galvanized service line (galvanized service line means iron or steel piping that has been dipped in zinc to prevent corrosion and rusting) that is or was, at any time, downstream of a lead service line or is currently downstream of a ‘‘Lead Status Unknown’’ service line. If the water system is unable to demonstrate the galvanized service line was never downstream of a lead service line, it must presume there was an upstream lead service line.”
CITY will review and confirm the service line designation criteria in the inventory database.
Drawing upon CITY’s existing data sources for existing records and indirect designation criteria presents potential limitations and inaccuracies for designating service line materials in the inventory. Additional field verification or other actions may be needed to verify the accuracy of existing records and indirect service line designation criteria.
Once the preliminary database is created, additional record review and/or field investigation will likely be required. This can either be done at the discretion of CITY, by CITY staff, CONSULTANT under a separate task order and amendment to the Agreement, or a third party hired by CITY.
Inventory workshop will be hosted virtually.
Additional updates beyond the framework set forth in this Exhibit will be completed by CITY or CONSULTANT in a future phase of this effort under a separate task order and written amendment.
Task 5: Service Line Identification Action Plan
Strategies to verify unknown service line materials must be identified and implemented in order to make progress towards a complete LSL inventory and avoid DDW requirements for updating inventory status on an annual basis. The LCRR includes guidelines for material identification and USEPA recently released “Guidance for Developing and Maintaining a Service Line Inventory.” Both sources identify multiple potentials methods for consideration, but implementation is largely site specific where applicability varies based on existing data sources and organizational practices as well as available utility resources.
CONSULTANT will develop a Service Line Identification Action Plan (or “Plan”) with proposed direct and indirect methods to verify service line materials based on findings in Task 4. A cost estimate will be developed for each material verification strategy to assist CITY with future, budget planning requirements. CONSULTANT will conduct a workshop with CITY to discuss the Service Line Identification Action Plan. This Plan will inform any future work that could be performed to identify “Lead Status Unknown” service lines in the system. CONSULTANT will evaluate a range of possible identification methods based on accessibility, cost, and effectiveness. The Plan will include a phased, targeted approach to material identification. Available material identification methods will be based upon the latest guidance from the USEPA and DDW.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
14 Deliverable(s):
Service Line Identification Workshop – agenda, presentation, and minutes. Draft and Final Service Line Identification Action Plan.
Assumption(s):
DDW will provide additional guidance on acceptable material identification methods for service line material verification.
Coordination with DDW will be accomplished under Task 2 Support with implementation of service line identification strategies will be accomplished under a separate task order and written amendment to the Agreement.
Task 6: Public Outreach and Education
The LCRR includes provisions to inform the public about their drinking water system and the occurrence of lead service lines. Specifically, systems serving more than 50,000 customers are required to post LSL inventories online if any LSLs, GRRs, or unknown service lines remain after the deadline. In addition, CITY is required to notify the occupants of homes with LSLs, GRRs, and unknowns annually, provide options for mitigating the risk associated with the lead, and outline financing options for replacement. To better prepare for these communication materials reaching the public, a public relations campaign is recommended to focus the public on the positive aspects of the LCRR and CITY’s proactive response in assessing its distribution system.
CONSULTANT will support and offer guidance in CITY’s development of a public relations campaign. Components of this support will include:
Develop of list of LCRR required and optional customer communication materials Provide suggested verbiage to include in CITY-developed materials including language that explains the LCRR in simple terms, the positive improvements on assuring compliance with the lead action level, and how they can participate in this assessment. Participate in one (1) public notice meeting to explain the LCRR and the LSR inventory, and address questions from the attendees.
Deliverable(s):
List of LCRR required and recommended customer communication materials. One (1) in-person public notice meeting
Up to three (3) virtual meetings with CONSULTANT Project and communications staff to provide guidance on the development of LCRR-related communications materials.
Assumption(s):
CONSULTANT will provide guidance and CITY will be responsible for the printing of customer communications materials.
CITY will schedule and coordinate the public notice meeting.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
15 Task 7: Schools and Childcare Facility Sampling Plan CONSULTANT will work with CITY to review any existing database of schools and childcare facilities, provide input on LCRR requirements for sample plans and testing protocols in school and childcare facilities within CITY.’s water service area. CONSULTANT will:
Review the list of schools and childcare facilities within CITY’s water service area currently available and provided by CITY;
Assist CITY in developing a complete inventory of existing schools and childcare facilities;
Identify the number of samples required to be collected at each school/childcare facility, develop sample location criteria, and establish staffing requirements; and Identify customer communication needs relative to sample collection at schools and childcare facility sampling.
Recommendations from this task will be summarized in a memorandum that is submitted to CITY for review. A virtual meeting will be held to discuss comments prior to finalizing the memorandum.
Deliverable(s):
Memorandum outlining LCRR requirements for schools and childcare facilities testing Assumption(s):
CITY will provide an electronic database of schools (private, public, primary, and secondary) within CITY’s water service area including date of construction and address (or geocoded location).
CITY will provide an electronic database of all known licensed childcare facilities within CITY’s service area including address (or geocoded location), date of construction, and building type.
CITY will develop the required sample Plan for schools and childcare facilities. CITY will schedule and coordinate the public notice meeting.
Project Schedule
The proposed schedule for this Project is nine (9) months in duration, as shown in the table below.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 B0785-0001\2833610v3.doc
16 II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 Legend: * Requires Regulatory Approval
Task 1
Task 2
Task 3
Task 4
Task 5
Task6
Task 7
Task8
Compliance
Sampling
Corrosion
Control
LSLR Plan
Mar
2023
Phase Delineation
Phase 2 Phase 3
Jan Feb Mar Apr May Jun Jul
. .
•·
Aug Sep Oct Nov Dec
2024
B0785-0001\2833610v3.doc
17 EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance fo the work described in this Agreement in a total amount not to exceed Two Hundred Thirteen Thousand Five Hundred Dollars ($213,500.00), including all labor, taxes, and expenses at the rates set forth in this Exhibit.
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 Hazen Project Deputy Project Assistant Manager Program Hazen Engineer Engineer and Manager QA/QC
Labor Labor ODCs Subtotal Hours Cost
$340 $245 $215 $160
Task 1: Project Management and Meetings
1.1 Project Management 4 24 8 8 44 $10,240 $ $10,240
1.2 Kickoff Meetin 4 4 4 8 20 $4,480 $ 500 $4,980
1.3 Coordination Meetings (8 meetings) 12 12 6 12 42 $10,230 $ $10,230
1.4 Monthly Progress Reports and Invoicing 6 16 22 $5,960 $ $5,960 TASK 1 - SUBTOTAL 26 56 18 28 128 $ 30,910 $ 500 $ 31 ,410 Task 2- Regulatory Coordination
2.1 Material Verification Summary Submittal 4 6 4 12 26 $5,610 $ $5,610
2.2 Reaulatory Coordination Meetinas with DDW (2 meetinasl 4 6 6 6 22 $5,080 $ $5,080 :••··· : I : ,: ·•~11 l•:CII ■
Task 3: Record and Code Review
3. 1 Data Reauest and Collection 2 12 4 28 46 $8,960 $ $8,960
3.2 Record Review, Transcription, and Analysis (50 records) 2 12 12 84 110 $19,640 $ $19,640
3.3 Staff Meetings (5 Meetings) and Code Review 4 12 4 24 44 $9,000 $ $9,000 =••··· : I II • II • II
Task 4: LSL Inventory Framework
4. 1 Data Analvsis and Joinina 4 8 2 20 34 $6,950 $ $ 6,950
4.2 Preliminary ESRI ArGIS Framework 4 8 4 54 70 $12,820 $ $ 12,820
4.3 Service Line Desianation Criteria 4 8 4 16 32 $6,740 $ $ 6,740
4.4 Unknown and Non-Lead Material Analvsis 4 8 2 8 22 $5,030 $ $ 5,030
4.5 Identification of Data Gaps 4 8 4 36 52 $9,940 $ $ 9,940 Geospatial Maps using Likelihood Analysis and Parcel
4.6 Construction Date 4 8 2 12 26 $5,670 $ $ 5,670
4. 7 I r,.,entory Results Workshop 4 8 2 10 8 $5,350 $ $ 5,350 TASK 4 - SUBTOTAL 28 56 20 156 244 $ 52,500 $ $ 52,500
Task 5: Service Line Identification Action Plan
5.1 Material Verification Analvsis I 4 I 8 I 8 I 36 I 56 I $10,800 $ I $ 10,800
5.2 Service Line Identification Action Plan (Draft and Final) I 4 I 8 I 10 I 50 I 72 I $13,470 $ 1$ 13,470
5.3 Service Line Identification Workshop I 4 I 16 I 2 I 12 I 34 I $7,630 $ I $ 7,630 :••··· I ' II ' II
Task 6: Public Outreach and Education
6.1 Comoilation of Reauired and Recommerded Materials I 2 I 4 I 12 I 4 I 22 I $4,880 $ I $ 4,880
6.2 Virtual meetinas with Kev Staff (uo to 3l I 6 I 8 I 12 I 8 I 34 I $7,860 $ I $ 7,860
6.3 Communication Plan Review and Guidance I 2 I 16 I 8 I 4 I 30 I $6,960 $ I $ 6,960 :••··· I : ,. II II
Task 7: School and Childcare Facility Sampling Plan
7.1 School and Childcare Facility Sample Site List and GIS Map I 4 I 12 I 12 I 18 I 46 I $9,760 $ I $9,760 . . TASK 7 - SUBTOTAL 12 40 20 72 144 $ 29,700 $ $ 29,700 TOTAL BASE FEE (TASK 1-7) 104 260 140 524 1012 $213 000 $500 $213 500 B0785-0001\2833610v3.doc
18 CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71
EXHIBIT C
B0785-0001\2833610v3.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: 151A466B-0CD2-40C2-BFBC-8651927FAF71 Certificate Of Completion
Envelope Id: 151A466B0CD240C2BFBC8651927FAF71 Status: Sent Subject: Complete with DocuSign: Hazen and Sawyer - Lead and Copper Rule Revisions (LCRR) Source Envelope:
Document Pages: 19 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
7/17/2023 5:14:37 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 7/17/2023 5:34:26 PM
Viewed: 7/17/2023 5:45:43 PM
Signed: 7/17/2023 5:45:52 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cindy Miller
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 72.211.212.197
Signed using mobile
Sent: 7/17/2023 5:45:53 PM
Viewed: 7/18/2023 7:14:02 AM
Signed: 7/18/2023 7:16:23 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
William CRAYON
[email protected]
Chief Financial Officer
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 24.115.235.34
Sent: 7/17/2023 5:45:53 PM
Resent: 7/19/2023 7:34:35 AM
Resent: 7/20/2023 8:00:20 AM
Viewed: 7/20/2023 8:37:14 AM
Signed: 7/20/2023 8:37:24 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.233.201
Sent: 7/20/2023 8:37:25 AM
Viewed: 7/20/2023 8:39:16 AM
Signed: 7/20/2023 8:39:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Robert Welch
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.170.32.184
Sent: 7/20/2023 8:39:38 AM
Viewed: 7/20/2023 10:44:09 AM
Signed: 7/20/2023 10:44:19 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 7/20/2023 10:44:20 AM
Viewed: 7/20/2023 2:20:11 PM
Signed: 7/20/2023 2:20:27 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 7/20/2023 2:20:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/17/2023 5:34:26 PM
Payment Events Status Timestamps