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Res 16-06 Amending the Budget to Execute an Agreement with Hardin and Associates for TCEQ Regulatory Compliance ConsultationTOWN OF WESTLAKE RESOLUTION NO. 16-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE BUDGET TO PROVIDE FUNDING AND ENTERING INTO AN AGREEMENT WITH HARDIN & ASSOCIATES CONSULTING, LLC (HAC) FOR TCEQ REGULATORY COMPLIANCE CONSULTATION IN THE AMOUNT OF $44,060.00; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the state and federal government have established water quality standards to ensure water purveyors provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS, the Town Council of the Town of Westlake desires to provide safe drinking water to its citizens and customers; and WHEREAS, the development and implementation of a Nitrification Action Plan, Sample Siting Plan, and Cross Connection Control Program are regulatory mandates that are necessary to protect the life, safety, and welfare of Westlake citizens and customers and is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds the proposed agreement with Hardin & Associates provides the necessary capacity to satisfy the state and federal regulatory requirements; and WHEREAS, the costs associated with the proposed contract is not included in the adopted FY 2015/2016 budget; and WHEREAS, the Town Council finds that funding is necessary to successfully implement the mandates and that funding is appropriate and further amends the adopted FY 15/16 budget to include funding of $44,060; and. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Resolution 16-06 Page 1 of 2 SECTION 2: The Town Council of the Town of Westlake hereby approves the budget amendment of $44,060 to the adopted FY 15/16 budget. SECTION 3: The Town Council of the Town of Westlake hereby approves the agreement with Hardin & Associates consulting, LLC for TCEQ Regulatory Compliance Consultation, attached as Exhibit "A", and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby deteimines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22ND DAY OF FEBRUARY, 2016. ATTEST: Kell y7Edwar, Town Secretary own Manager Resolution 16-06 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE CERTIFICATION ONLY OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hardin and Associates Consulting LLC Irving, TX United States Certificate Number: 2016-14366 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Town of Westlake 02/17/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 2016-01 consulting services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT ````�_�`ET 1e 1,hI1# p `�•,-- v. .tARY p;%. Se 1i s • �� % * _• y1'6' S -9 S FOF ie4`Z AFFIX NOT,/ZNIP'f•eWtIOVE % Sworn to and subsc"IIribe dee ,e `me, by the said !swear, or affirm, under enalty of perjury, that the above disclosure is true and correct. / di i Sig ture of authorized' agent of contracting business entity `-I' 2't K - H t^` �^" '� , this the / �71 �^ day of 1 e WO CA, 20 1 0 , to certify which, witness my hand and seal of office. ` `I GJI n t B ' L LL Cct r�'I 3 6 "" C O-1�V 1 L Vi?Ann-L. � ,l�L I/ i 641A- C' 4� Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission w jw ethics state 1X I is Vorcinn vi n /norm January 28, 2016 Town of Westlake Public Works Department Attn: Jarrod Greenwood, Public Works Director 3 Village Cir. Westlake, Texas 76262 Subject: Master Service Agreement for TCEQ Regulatory Compliance Assistance Per our discussion, please see the enclosed Master Service Agreement (MSA) between the Town of Westlake and Hardin & Associates Consulting LLC (HAC) for providing professional consulting services for TCEQ required public water system compliance projects as requested. We value our business relationship with the Town of Westlake and are pleased to have the opportunity to assist you as needed. I have enclosed an original MSA for your review and approval. If acceptable, please send back a signed copy of the executed MSA to my attention to the following address: Hardin & Associates Consulting, LLC 5005 W. Royal Lane, Suite 170 Irving, TX 75063 Attn: Byron Hardin, President, CPM If you have any questions, please do not hesitate to contact me at (972) 823-8800. Sincerely, Byron R. Hardin, President Hardin & Associates Consulting, LLC Resolution 16-06 MASTER SERVICE AGREEMENT FOR ONGOING CONSULTING SERVICES FOR AS NEEDED ENVIRONMENTAL SUPPORT BETWEEN TOWN OF WESTLAKE AND HARDIN AND ASSOCIATES CONSULTING, LLC FOR PROFESSIONAL CONSULTING SERVICES THIS MASTER SERVICE AGREEI\IENT (MSA) is made and entered into on this bra day of RA' y(0.a.a' 20 t' by and between the Town of Westlake, hereinafter referred to as "Client," and Hardin it Associates Consulting, LLC, a Texas company, its affiliates and subsidiaries, hereinafter referred to as "Consultant." RECITALS: WHEREAS, Client desires that from time to time Consultant furnish Client certain consulting services; WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to perform the services desired under this Agreement; NOW, THEREFORE, Client and Consultant agree as follows: I. DESCRIPTION OF PROJECT Services to be provided shall be as described in written task orders made pursuant to and referencing this Agreement. II. SCOPE OF CONSULTANT SERVICES The primary service(s) to be provided by the Consultant are As -Needed Environmental Support for the Client's water/wastewater systems and may include, but are not limited to the following: • Customer Service Inspections • Backflow Cross -connection Ordinance development and review • Preparation of reports, plans and other regulatory compliance documents • Training • Nitrification Action Plan Development • TCEQ PWS Monitoring Plan Development • Other Client requested environmental support tasks Consultant agrees to perform those basic services described in separate written task or purchase orders signed by Client and Consultant (the "Services"). This Agreement provides the terms, obligations and conditions which shall control all work. The printed terms and conditions, if any, contained on the reverse sides of an accepted task or purchase order shall not apply to services provided under this Agreement. Unless modified in writing by both parties, duties of Consultant shall not be construed to Resolution 16-06 exceed those services specifically described in each task order. In the event work is authorized prior to the issuance of a written task order, any services performed by Consultant will be presumed to have been completed under the terms of this Agreement. III. RESPONSIBILITIES OF CLIENT In addition to payment for the Services performed under this Agreement, Client shall: 1. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant's performance under this Agreement. 2. Designate in writing a person to act as Client's representative with respect to this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Client's policies, make decisions and execute documents on Client's behalf. 3. Furnish Consultant with all technical data in Client's possession including, but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information required by or useful to, Consultant in performance of its Services under this Agreement. Consultant shall be entitled to rely upon the information supplied by Client. 4. Notify Consultant of any known or potential health or safety hazards existing at or near the project site. 5. Provide access to and/or obtain permission for Consultant to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. IV. AMERICANS WITH DISABILITIES ACT Any other provision of this Agreement to the contrary notwithstanding, unless otherwise specified in the Scope of Services, Client shall have sole responsibility as between Client and Consultant for compliance with the Americans With Disabilities Act ("ADA") 42 U.S.C. 12101 et. Seq. and the related regulations. V. AUTHORIZATION AND COMPLETION In signing this Agreement, Client grants Consultant specific authorization to proceed with work as directed in executed task orders. VL COMPENSATION This agreement will not exceed $ `1 `w DLQ . .00 without prior written approval by both parties. For the Services described in each task order, Client agrees to pay, and Consultant agrees to accept the total compensation in accordance with compensation terms included in the task order. Where Consultant has provided Client with a breakdown of the total compensation into subtasks, such breakdowns are estimates only. Consultant may re -allocate compensation between tasks, provided total compensation is not exceeded without the approval of Client. Time charges shall be in accordance with the Hourly Rate Table contained in Exhibit A. The rate schedule shall be revised annually. Annual revisions to Resolution 16-06 the Hourly Rate Table shall be submitted prior to the date that they take effect. The revised Hourly Rate Table shall take effect unless written notice is received from the Client that the revised rates are not accepted. Compensation shall be billed monthly in summary form. Payment to Consultant is due upon presentation of invoice to Client. As long as Consultant has not defaulted under this Agreement, Client shall pay Consultant within 30 days of the date of Consultant's invoices for services performed and reimbursable expenses incurred under this Agreement. If Client has reason to question or contest any portion of any such invoice, amounts questioned or contested shall be identified and notice given to Consultant within 15 days of the date of the invoice. Any portion of any invoice not contested shall be deemed to be accepted and approved for payment and shall be paid to Consultant within 30 days of the date of the invoice. The Client agrees to cooperate with Consultant in a mutual effort to resolve promptly any contested portions of the Consultant's invoices. In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, interest on the unpaid balance shall accrue beginning with the 31st day at the maximum interest rate permitted by law, and Consultant shall have the right to suspend work per Article XV, Suspension of Work. VII. RESPONSIBILITY OF CONSULTANT A. Standard of Care Professional Services Subject to the limitations inherent in the agreed scope of work as to the degree of care, amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant shall perform its Services in accordance with generally accepted standards and practices customarily utilized by competent engineering firms in effect at the time Consultant's Services are rendered. Consultant does not expressly or impliedly warrant or guarantee its Services. B. Reliance upon Information Provided by Others If Consultant's performance of services hereunder requires Consultant to rely on information provided by other parties (excepting Consultant's subcontractors), Consultant shall not independently verify the validity, completeness, or accuracy of such information unless otherwise expressly engaged to do so in writing by Client. C. Consultant's Opinion of Costs Client acknowledges that construction cost estimates, financial analyses and feasibility projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. Client acknowledges that such influences may not be precisely forecasted and are beyond the control of Consultant and that actual costs incurred may vary substantially from the estimates prepared by Consultant. Consultant does not warrant or guarantee the accuracy of construction or development cost estimates.. Resolution 16-06 VIII. HAZARDOUS MATERIALS Consultant and Consultant's subcontractors shall have no responsibility for the discovery, handling, removal, or disposal of or exposure of persons to asbestos or hazardous or toxic materials that are present in any form at the Project site. Professional services related to or in any way connected with the investigation, detection, abatement, replacement, use, specification, or removal of products, materials, or processes containing asbestos or hazardous or toxic materials are beyond the scope of this Agreement. Client shall be solely responsible for notifying all appropriate governmental agencies, including the potentially effected public, of the existence of any hazardous or toxic materials located on or at the project site at any time. In the event Consultant encounters asbestos or hazardous materials at the jobsite, Consultant may, at its option and without liability for damages, suspend the performance of services on the Project until such time as Client and Consultant mutually agree on an amendment to this Agreement to address the issue, or Client retains another specialist consultant or contractor to identify, classify, abate and/or remove the asbestos and/or hazardous materials. IX. CONSULTANT'S WORK PRODUCT Scope Consultant's work product, which is prepared solely for the purposes of this Agreement, including, but not limited to, drawings, test results, recommendations and technical specifications, whether in hard copy or electronic form, shall become the property of Client when Consultant has been fully compensated as set forth herein. Consultant may keep copies of all work products for its records. Consultant and Client recognize that Consultant's work product submitted in performance of this Agreement is intended only for the project described in this Agreement. Client's alteration of Consultant's work product or its use by Client for any other purpose shall be at Client's sole risk, and Client shall hold harmless and indemnify Consultant against all losses, damages, costs and expense, including attorneys' fees, arising out of or related to any such alteration or unauthorized use. B. Electronic Copies If requested, solely as an aid and accommodation to Client, Consultant may provide copies of its work product documents in computer -readable media ("electronic copies"). These documents will duplicate the documents provided as work product, but will not bear the signature and professional seals of the registered professionals responsible for the work. Client is cautioned that the accuracy of electronic document copies may be compromised by electronic media degradation, errors in format translation, file corruption, printing errors, and incompatibilities, operator inexperience, and file modification. Consultant will maintain the original copy, which shall serve as the official, archived record of the electronic documents. Client agrees to hold harmless, indemnify and defend Consultant from any claims arising out of or relating to any unauthorized change or alteration of electronic copies of documents. Resolution 16-06 X. INDEMNIFICATION A. Indemnification of Client Consultant agrees to indemnify and hold Client harmless from and against any liability to the extent arising out of the negligent errors or negligent omissions of Consultant, its agents, employees, or representatives, in the performance of Consultant's duties under this Agreement. B. Consequential Damages Regardless of any other term of this Agreement, in no event shall either party be responsible or liable to the other for anv incidental, consequential, or other indirect damages. XI. CONSULTANT'S INSURANCE Consultant shall procure and maintain the following minimum insurance: 1. Commercial general liability insurance, including personal injury liability, blanket contractual liability and broad -form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. Automobile bodily injury and property damage liability insurance covering owned, non - owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. Client shall be named as additional insured on policies 1 and 2 above. Upon request, a certificate of insurance will be provided to Client with a 30 -day written notice in the event the above policies are cancelled. 2. XII. CONFIDENTIALITY Consultant agrees it will maintain the confidentiality of material it receives from Client which Client has clearly identified as "Confidential" and will not disclose, distribute, or publish to any third party such confidential information without the prior permission of Client. Notwithstanding the foregoing, Consultant shall have no confidentiality obligation with respect to information that: 1) becomes generally available to the public other than as a result of disclosure by Consultant or its agents or employees; 2) vas available to Consultant on a non -confidential basis prior to its disclosure by Client; 3) becomes available to Consultant from a third party who is not, to the knowledge of Consultant, bound to retain such information in confidence. In the event Consultant is compelled by subpoena, court order, or administrative order to disclose any confidential information, Consultant shall promptly notify Client and shall cooperate with Client prior to disclosure so that Client may take necessary actions to protect such confidential information from disclosure. Resolution 16-06 XIII. SUBCONTRACTS Consultant shall be entitled, to the extent determined appropriate by Consultant, to subcontract any portion of the services to be performed under this Agreement. Any sub contracted services shall be noted in the written task orders issued under this agreement. XIV. SUSPENSION OF WORK \Fork under this Agreement may be suspended as follows: 1. By Client. By written notice to Consultant, Client may suspend all or a portion of the Work under this Agreement if unforeseen circumstances beyond Client's control make normal progress of the Work impracticable. Consultant shall be compensated for its reasonable expenses resulting from such suspension including mobilization and demobilization. If suspension is greater than 30 days, then Consultant shall have the right to terminate this Agreement in accordance with Article XV, Termination of Work. 2. By Consultant. By written notice to Client, Consultant may suspend the Work if Consultant reasonably determines that working conditions at the Site (outside Consultant's control) are unsafe, or in violation of applicable laws, or in the event Client has not made timely payment in accordance with Article VI, Compensation, or for other circumstances not caused by Consultant that are interfering with the normal progress of the Work. Consultant's suspension of Work hereunder shall be without prejudice to any other remedy of Consultant at law or equity. XV. TERMINATION OF WORK A. This Agreement may be terminated by Client as follows: (1) for its convenience on 30 days' notice to Consultant, or (2) for cause, if Consultant materially breaches this Agreement through no fault of Client and Consultant neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given written notice of the alleged breach to Consultant. B. This Agreement may be terminated by Consultant as follows: (1) for cause, if Client materially breaches this Agreement through no fault of Consultant and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after Consultant has given written notice of the alleged breach to Client, or (2) upon five days' notice if work under this Agreement has been suspended by either Client or Consultant for more than 30 days in the aggregate. C. Payment upon Termination In the event of termination, Consultant shall perform such additional work as is reasonably necessary for the orderly closing of the Work. Consultant shall be compensated for all work performed prior to the effective date of termination, plus work required for the orderly closing of the Work, including: (1) authorized work performed up to the termination date plus termination expenses, including all labor and expenses, at Consultant's standard billing rates, directly attributable to Resolution 16-06 termination; (2) all efforts necessary to document the work completed or in progress; and (3) any termination reports requested by Client. Except for termination of Consultant by Client for cause, Consultant shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination to account for Consultant's rescheduling adjustments, reassignment of personnel, and related costs incurred due to termination. XVI. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. Except as otherwise set forth under Article VIII, Assignment of Tasks to Affiliates, this Agreement may not be assigned by Client or Consultant without prior, written consent of the other. XVII. NO BENEFIT FOR THIRD PARTIES The services to be performed by Consultant are intended solely for the benefit of Client, and no benefit is conferred on, nor contractual relationship established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on Consultant's services, opinions, recommendations, plans, or specifications without the express written consent of Consultant. No right to assert a claim against the Consultant, its officers, employees, agents, or consultants shall accrue to the construction Contractor or to any subcontractor, supplier, manufacturer, lender, insurer, surety, or any other third party as a result of this Agreement or the performance or nonperformance of the Consultant's services hereunder. XIII. FORCE MAJEURE Consultant shall not be responsible for delays caused by circumstances beyond its reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, (3) failure of Client to furnish timely information or to approve or disapprove Consultant's instruments of service promptly, and (4) faulty performance or nonperformance by Client, Client's independent consultants or contractors, or governmental agencies. Consultant shall not be liable for damages arising out of any such delay, nor shall the Consultant be deemed to be in breach of this Agreement as a result thereof. XIX. INTEGRATION This Agreement represents the entire understanding of Client and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. Any purchase order issued by Client, whether or not signed by Consultant, and any terms and conditions contained in such purchase order which are inconsistent with this Agreement shall be of no force and effect. Resolution 16-06 XX. SEVERABILITY If any part of this Agreement is found unenforceable under applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. XXI. CHOICE OF LAW/JURISDICTION This Agreement shall be administered and interpreted under the laws of the state of Texas. XXII. ATTORNEYS' FEES In the event either party commences legal proceedings against the other, then the prevailing party shall, in addition to any other recovery, be entitled to recover its reasonable attorneys' fees and all other costs of such proceeding. XXIII. NOTICES All notices required under this Agreement shall be delivered by facsimile, personal delivery or mail and shall be addressed to the following persons: Byron R. Hardin, CPM Sr. Project Manager Hardin & Associates Consulting, LLC 5005 W. Royal Lane, Suite 170 Irving, Texas 75063 e-mail: bhardin@hactexas.com Office (972) 823-8800 Fax: (972) 823-8802 Jarrod Greenwood Public Works Director Town of Westlake 3 Village Cir. Westlake, Texas 76262 e-mail: :greenwood@westlake-tx.org Office (817) 490-5717 Fax: (817) 430-1812 Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or Fax number for the delivery of such notices has been changed, provided that, until such time as the other party receives such notice in the manner provided for herein, any notice addressed to the previously -designated person and/or delivered to the previously -designated address or Fax number shall be effective. XXIV AUTHORIZATION The persons executing this Agreement on behalf of the parties hereto represent and warrant that the parties have all legal authority and authorization necessary to enter into this Agreement, and that such persons have been duly authorized to execute this Agreement on their behalf. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Resolution 16-06 Hardin & Associates Consulting, LLC Town of Westlake -- Signature Signature Printed Name Byron R. Hardin CPM Printed Name Tide President Tide Federal Tax ID number: 26-4555939 Resolution 16-06 EXHIBIT A HARDIN & ASSOCIATES CONSULTING, LLC RATE SCHEDULE (INCLUDES MILEAGE AND EXPENSES) This agreement will not to exceed $ without prior approval by Town Council. Resolution 16-06 Senior Engineer $150.00 Senior Project Manager $135.00 Senior Water Quality Specialists $125.00 Administrative $45.00 This agreement will not to exceed $ without prior approval by Town Council. Resolution 16-06 HARDIN & ASSOCIATES CONSULTING, LLC HARDIN & ASSOCIATES CONSULTING, LLC And Client (Town of Westlake) Task Order Authorization Task Order No. 1 PWS Monitoring Plan Review / Nitrification Action Plan Development HAC Project Description PWS Monitoring Plan / Nitrification Action Plan Development Client Name Client Address Effective Date of Authorization Town of Westlake 1301 Solana Boulevard, Building 4, Suite 4202. Westlake, Texas 76262 Upon execution of this Task Order, and effective as of the date shown above, the parties agree that Hardin & Associates Consulting, LLC (HAC) shall perform the following services: SCOPE OF SERVICES General: HAC will assist client with ensuring compliance with the Texas Commission on Environmental Quality (TCEQ) Chloramine Monitoring Plan Requirements, also referred to as the Nitrification Action Plan (NAP), that took effect on July 30, 2015. Public water systems (PWSs) in Texas are required to maintain minimum disinfectant levels throughout the distribution system to protect public health. In addition, a PWS should be careful not to exceed the maximum residual disinfectant levels (MRDLs). A PWS is required to develop a Nitrification Action Plan (NAP) and include this NAP as part of its Monitoring Plan. A copy of the PWS NAP must be located on-site and made available to the TCEQ if requested. HAC will also review and provide updated water utilities PWS Monitoring Plan for water utilities staff to work from to ensure continued TCEQ compliance. Monitoring Plan §Section 290.121 A Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems, All community and nontransient no community (NTNC) public water systems are required to have a monitoring plan. This requirement was part of the federal Stage 1 Disinfectants and Disinfection Byproducts Rule, which became part of TCEQ regulations in October 2000. If a system treats surface water (SW) or groundwater under the direct influence of surface water (GUI), a monitoring plan must be submitted to the TCEQ for review and approval. The deadline Resolution 16-06 for large systems (serving at least 10,000 people) that treat SW or GUI was January 1, 2001. The deadline for small systems (serving fewer than 10,000 people) that treat SW or GUI was January 1, 2003. If a system treats groundwater or purchases treated water, it is not required to send in a monitoring plan. A TCEQ inspector will look at it as part of the comprehensive compliance investigation (sanitary survey), and the TCEQ's sampling contractor will look at it when they come to collect chemical samples. If a system purchases water, careful coordination and development of a monitoring plan with your wholesaler may be necessary. A monitoring plan must also be available to other systems that provide or receive water from you, as needed. If you employ an operating company, you must give them a copy and be sure they are following it. Monitoring Frequency §290.110(c). A PWS is to monitor the monochloramine, total chlorine, free ammonia and nitrate/nitrite levels periodically at different locations. This ensures that an adequate disinfectant residual is being maintained, and that nitrification is not occurring in the distribution system. Ammonia, nitrate and nitrite must be sampled at least once in your source water(s). Record Keeping §290.46(J); §290.46(z) A PWS is required to develop a Nitrification Action Plan (NAP) and include this NAP as part of your Monitoring Plan. A copy of your NAP must be located on-site and made available to the TCEQ if requested. All chloramination records including monitoring results will need to be kept for at least three years. One-time source water monitoring must be maintained as long as it is representative of the water quality of the source. Notification §290.47(h) Notification of the use of chloramines must be provided to your system's retail and wholesale customers at least 14 days before the water is delivered. Also, the notification must continue to be provided to all new customers. Notification must be maintained on site and made available to TCEQ during on-site investigations. Design Requirements §290.42(e) The design requirements for chemical injection, mixing and chemical containment for chloramine systems are now provided in §290.42(e). If you are planning to make any, future changes or additions to your system, plans and specifications will be required to be sent to the TCEQ's Plan Review Team. Purpose: Client desires to evaluate and review the expansion of the current potable water distribution conveyance system to evaluate efficiencies in operation to ensure continued compliance with TCEQ rules and regulations for public water systems. Execution: HAC will provide professional potable water distribution system review by assisting the client with the development of a TCEQ required Nitrification Action Plan (NAP). The following task will guide Hardin & Associates Consulting through the development of this project: Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 2 of 6 Actions: Item 1 - PWS Monitoring Plan Review to include NAP water quality sample site map 1.1 Meet with Town staff to identify all required TCEQ water quality parameter distribution monitoring sites (including newly required NAP sites) Item 2 — Develop documents for required water quality parameter samples and schedules 2.1 Identify and develop the required reporting document for required TCEQ NAP 2.2 Develop routine NAP sampling schedule for inclusion in TCEQ Required Monitoring Plan Item 3 — Develop PWS Monitoring Plan to include provisions for the NAP to ensure continued TCEQ compliance 3.1 Develop draft NAP section for client review to include as part of client's Monitoring Plan 3.2 Provide completed NAP section for addition to clients existing PWS Monitoring Plan 3.3 Develop PWS Monitoring Plan. Items for inclusion include: What chemicals / parameters are required for sampling Four Sub -sections based on location • Raw water • In -plant • Entry point to distribution system • Distribution system Lists and Schematic(s) of all sample sites on one drawing • Coliform (and Disinfectant Residual) • Bacteriological sampling locations (BAC "T") • NAP sites • Disinfection byproducts • THM and HAA • Lead / Copper locations • Asbestos - If any are identified in water distribution system (A/C pipe) 3.4 Update water distribution system map of where required water quality samples are collected 3.5 Provide a PWS Monitoring Plan for use by staff to ensure continued compliance with TCEQ Schedule: Following authorization to proceed, HAC's estimated time for completion and submittal of the NAP is a minimum of 120 days. This time line is dependent upon remittance of necessary report information from client and necessary official written response from TCEQ. Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 3 of 6 Compensation: Total task costs for this scope of service will not exceed $19,060.00 without prior written approval from the Town of Westlake. These costs include labor, travel, and other direct costs associated with this assignment. General Terms and Conditions: Hardin & Associates Consulting's services shall be governed by the Master Agreement dated together with this Task Order and any Exhibits attached hereto. HARDIN & ASSOC TES CON a ` TING, TOWN OF WESTLAKE, TEXAS LLC Signature f Printed Title Date Byron R. Hardin. CPM President Signature / Printed i U```„ Title Date /zeh Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 4 of 6 RATE SCHEDULE CLIENT NITRIFICATION ACTION PLAN DEVELOPMENT HARDIN & ASSOCIATES CONSULTING, LLC COMPENSATION Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 5 of 6 Senior Engineer $150.00 Senior Project Manager $135.00 Senior Water Quality Analyst $125.00 Administrative $45.00 Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 5 of 6 FEE TABLE CLIENT NITRIFICATION ACTION PLAN DEVELOPMENT HARDIN & ASSOCIATES CONSULTING, LLC '�+ �tNp tib ,:,,„r '.,, .., F # x 4f Yer"f'I ✓ 4 t,r e4 ., ,, z a. d3x v ,., #., �`�tlA. �., .. ,., _,„”, .�`� �v ,�,"�.� Y:•. 't 3 X E'-�,;., t?.;a ,,. r ' €'_ Sj 7 G f {,,,. ��, .',,.�`'� i}., f �e tat y „SE..4 .. .. .. PWS Monitoring Plan Review to include NAP water quality sample site map $2,160 ' 1 1 Meet with Town staffto identify water distribution nitrification monitoring sites 16 $2,160 2 Develop required documents for required water quality parameter samples and schedules $2,250 2 1 Identify and develop the required reporting documents for required TCEQ NAP 8 $1,080 2.2 Develop routine NAP sampling schedule for inclusion in TCEQ Required Monitoring Plan 2 8 $1,170 3 Provide a final PWS Monitoring Plan that includes TCEQ required NAP 14,650 3.1 Develop draft NAP section for client review to include as part of client's Monitoring Plan 16 2 8 2 $2,350 3 2 Prepare final NAP section to include as part of client's PWS Monitoring Plan 8 6 $1,170 3.3 Develop TCEQ Required PWS Monitoring Plan 32 8 $5,520 3.4 Update water distribution system map of where required water samples are collected 6 16 $3,210 3.5 Provide a completed PWS Monitoring Plan for use by the water utilities staffto ensure continued compliance with TCEQ 24 6 2 2 $2,400 Total $19,060.00 Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 6 of 6 HARDIN & ASSOCIATES CONSULTING, LLC HARDIN & ASSOCIATES CONSULTING, LLC And Client (Town of Westlake) Task Order Authorization Task Order No. 2 Conducting TCEQ Required Customer Service Inspections Cross -Connection Control Ordinance Development HAC Project Description Client Name Client Address Effective Date of Authorization TCEO Cross -Connection Control Program Development Town of Westlake 1301 Solana Boulevard, Building 4, Suite 4202 Westlake, Texas 76262 Upon execution of this Task Order, and effective as of the date shown above, the parties agree that Hardin & Associates Consulting, LLC (HAC) shall perform the following services: SCOPE OF SERVICES General: The purpose of this scope of services is for the Town of Westlake to allow Hardin & Associates Consulting, LLC (HAC) to develop the required TCEQ Cross -Connection Control Program. The objectives to be achieved with Task 2 are as follows: 1. Provide Customer Service Inspections (CSI) TCEQ Compliance Inspections; 2. Identify additional backflow/cross-connection devices for annual inspection; 3. Provide copies of HAC's Cross -Connection Control Compliance Inspections (4C's) that detail inspection findings and recommendations for compliance; and 4. Review existing Cross -Connection Control ordinance and revise where appropriate to include newly established requirements for amendment by Town Council. Resolution 16-06 Texas has promulgated 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. Effective January 1, 1996, the Texas Commission on Environmental Quality (TCEQ) required that all public water systems comply with Texas Administrative Code, Title 30, Chapter 290, which states as follows: §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) §290.46(i) Plumbing ordinance. Public water systems must adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to insure that neither cross -connections nor other unacceptable plumbing practices are permitted (See §290.47(b) of this title (relating to Appendices)). Should sanitary control of the distribution system not reside with the purveyor, the entity retaining sanitary control shall be responsible for establishing and enforcing adequate regulations in this regard. The use of pipes and pipe fittings that contain more than 8.0% lead or solders and flux that contain more than 0.2% lead is prohibited for installation or repair of any public water supply and for installation or repair of any plumbing in a residential or nonresidential facility providing water for human consumption and connected to a public drinking water supply system. This requirement may be waived for lead joints that are necessary for repairs to cast iron pipe. §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 must be approved by the executive director prior to being placed in use. 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. Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 2 Resolution 16-06 Page 2 of 7 Purpose: Client desires to conducting TCEQ required Customer Service Inspections and Cross - Connection Control Ordinance development to ensure continued compliance with TCEQ rules and regulations for public water systems. Execution: HAC will provide professional services by assisting the client with the development of a TCEQ required Cross -Connection Control program. The following items will guide Hardin & Associates Consulting through the development of this project: Actions: Item 1 — Project Management HAC Project Manager and will be responsible for the following: 1.1 Lead the project efforts; 1.2 Review and monitor inspections results; 1.3 Serve as the key contact between the Town of Westlake and HAC; and 1.4 Ensure that the project is completed in accordance with the Scope of Work and schedule. Item 2 — Administrative Hardin & Associates Consulting will provide administrative duties and functions associated with this project. 2.1 Provide Town staff with inspection reports (CSI and / or 4C's); and 2.2 Produce a "draft" revised Town of Westlake Cross -Connection Control ordinance with recommended language to ensure continued compliance with TCEQ regulations. Item 3 — Conduct TCEQ Compliance Inspections and Re -inspections to ensure customer compliance. HAC will conduct TCEQ compliance inspections and re -inspections. Compliance inspections will include both CSI and 4C's on new and existing facilities for the purpose of validating newly discovered backflow prevention devices to be entered into the Town's backflow data management system. 3.1 Conduct TCEQ compliance inspections (CSI and 4C's) on new and existing facilities; and 3.2 Conduct TCEQ compliance re -inspections as needed. Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 2 Resolution 16-06 Page 3 of 7 Item 4 — Review Existing Cross -Connection Control Ordinance for TCEQ Compliance The Compliance Review is critical to ensure that the Town of Westlake Backflow Prevention and Cross -Connection Control internal administrative policies and procedures are followed by Town staff, and its contractors, to avoid enforcement action from TCEQ. HAC with the assistance of Town staff will review the existing Town of Westlake Cross -Connection Control ordinance and will prepare a revised "draft'' with recommended language to ensure continued compliance with TCEQ regulations. HAC will include the following in the draft ordinance: 4.1 Relevant TCEQ and TSBPE rules and regulations necessary for compliance; 4.2 Review of Town's inspection guidelines and procedures; 4.3 Review current plumbing code for cross -connection requirements; 4.4 Develop forms and Standard Operating Procedures for program (as needed); 4.5 Development of a fees section designed to capture program costs; 4.6 New enforcement and penalties section for noncompliance; 4.7 Add language for requiring annual cross -connection compliance inspections; 4.8 Annual testing requirements for required backflow prevention assemblies; and 4.9 Registration process for privatized testing of backflow prevention assemblies. Item 5 — Benchmark and Identify Estimated Annual Revenues Involved with Backflow Program HAC will project the annual revenues that could be generated from the program activities. 5.1 HAC will benchmark the Town's backflow program against similar sized communities' programs to determine recommended user fees to offset program costs. Schedule: Following authorization to proceed, HAC's estimated time for completion and submittal of the Review Existing Cross -Connection Control Ordinance is a minimum of 120 days. This time line is dependent upon remittance of necessary report information from client and necessary official written response from TCEQ. Conducting the TCEQ required CSI's will be ongoing as required and directed by client's staff. Compensation: Total task costs for this scope of service will not exceed $25,000.00 without prior written approval from the Town of Westlake. These costs include labor, travel, and other direct costs associated with this assignment. Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 2 Resolution 16-06 Page 4 of 7 General Terms and Conditions: Hardin & Associates Consulting's services shall be governed by the Master Agreement dated10 together with this Task Order and any Exhibits attached hereto. HARDIN & ASSOCIAT S CON U _T LLC Signature Printed Byron R. ` ardin. CPM Title Date President TOWN OF WESTLAKE, TEXAS Signature Printed Title ovAr` �Yi(?�4 isZC i Date �'? 1 `--k' Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 2 Resolution 16-06 Page 5 of 7 RATE SCHEDULE TCEQ CROSS -CONNECTION CONTROL PROGRAM DEVELOPMENT HARDIN & ASSOCIATES CONSULTING, LLC COMPENSATION Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 2 Resolution 16-06 Page 6 of 7 u'.k^#.� Senior Project Manager $150.00 Senior Water Quality Inspector $125.00 Administrative $45.00 Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 2 Resolution 16-06 Page 6 of 7 FEE TABLE TCEQ CROSS -CONNECTION CONTROL PROGRAM DEVELOPMENT HARDIN & ASSOCIATES CONSULTING, LLC s y } t ' t�F ''%. .... r + u S u' ..a .:' lient s r iss. s �io o{ � z �u� ✓ E k Sl{ ft. l?, {f'Y'4 } d s ... ,t'-, ,.. (.,v.4 u x i ✓� ..,, t,. � E Fra ..ci _ �: a x ,-.: tours'£ Y ws.L,%.�sy � n �. �.; � 1 �2 SS „rt' ,r.�, i .. w Fpe hour 6 u[*� x S� F 1 b iff1 �.i 1 Project Management 4 $600 2 Administrative 20 $900 3 Conduct TCEQ Compliance Inspections and Re -inspections 60 $7,500 4 Review existing Cross -Connection Ordinance for TCEQ Compliance 16 32 $5,520 5 Benchmark Other communities to Identify Estimated Annual Revenues Involved with Inspection Program 16 2 $1,020 Total $15,540.00 Hardin & Associates Consulting and Client MSA Town of Westlake Task Order No. 2 Resolution 16-06 Page 7 of 7