Linking Agreement with Hazen and Sawyer, P.C.
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1 10/05/2023 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND HAZEN AND SAWYER, P.C. This Linking Agreement (“Agreement”) is entered into as of this day of , 2024, between the City of Glendale, an Arizona municipal corporation (“City”), and Hazen and Sawyer, P.C., a New York Corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS A. On March 1, 2022, City of Buckeye, a member of the S.A.V.E Cooperative Purchasing , entered into a contract with Contractor to purchase the goods and services described in On-Call Consulting For Engineering and Architectural Services, Category 2: Water/Wastewater Contract No. 2022003.18 (“Cooperative Agreement”), which is attached hereto as Exhibit A. The Cooperative Agreement allows its cooperative use by other governmental agencies, including the City. B. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. C. Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City wishes to contract with Contractor for supplies or services identical to those being provided to other units of government under the Cooperative Agreement. Contractor consents to the City’s cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide the supplies and services set forth in the Statement of Work appended hereto as Exhibit B. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. A. As provided in the Cooperative Agreement, purchases can be made by governmental entities from the date of award, which was March 1, 2022, until the date the contract terminates on February 28, 2027, unless the term is extended by mutual agreement of the parties to the Cooperative Agreement. The Cooperative Agreement, however, may not be extended beyond February 28, 2027. The initial period of this Agreement is the period from the Effective Date of this Agreement until February 28, 2027. 2. Scope of Work; Terms, Conditions, and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. 2 10/05/2023 B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. 3. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed Six hundred forty-two thousand, six hundred. and sixty-five dollars ($642,665) for the entire term of the Agreement (initial term plus any extensions). 4. Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. 5. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants compliance with this section. 6. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. 7. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of A.R.S. § 41-4401. 8. No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393. 9. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during the term of this Agreement, will not use: a. the forced labor of ethnic Uyghurs in the People’s Republic of China; b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and c. any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 11. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties’ respective authorized representatives at the address listed below: 3 10/05/2023 City of Glendale c/o Julie Ossege 7070 W. Northern Avenue Glendale, AZ 85303 and Hazen and Sawyer, P.C. c/o Curtis D. LeCourter 1400 E. Southern Avenue, Suite 340 Tempe, AZ 85282 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “City” “Contractor” City of Glendale, an Arizona Hazen and Sawyer, P.C., municipal corporation a New York Corporation By: ____________________________ By: ____________________________ Kevin R. Phelps Name: Curtis D. Courter City Manager Title: Associate Vice President ATTEST: ___________________________ Julie K. Bower (SEAL) City Clerk APPROVED AS TO FORM: ___________________________ Michael D. Bailey City Attorney LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND HAZEN AND SAWYER, P.C. EXHIBIT A ON-CALL CONSULTING FOR ENGINEERING AND ARCHITECTURAL SERVICES CATEGORY 2: WATER/WASTEWATER, CITY OF BUCKEY CONTRACT NO. 2022003.18 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND HAZEN AND SAWYER, P.C. EXHIBIT B Scope of Work Lead and Copper Program Implementation per the attached scope of work. LCRR Phase 2 Final Scope of Services City of Glendale 1 EXHIBIT B Lead and Copper Rule Revisions Phase 2: Program Implementation City of Glendale Scope of Work FINAL January 16, 2024 LCRR Phase 2 Final Scope of Services City of Glendale 2 Introduction This approach outlines how the Hazen team will work with the City of Glendale (City) to complete Phase 2 of the LCRR compliance program. 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 3-year timeframe for utilities to meet the new regulatory requirements with a compliance deadline of October 16, 2024. As of December 2023, less than 11 months remain for LCRR compliance. State primacy agencies retain the option to accelerate this timeline; however, the Arizona Department of Environmental Quality (ADEQ) is planning to match the EPA’s compliance deadline. The LCRR compliance deliverables in the state of Arizona include the following: • Initial Lead Service Line (LSL) Inventory (Inventory Framework completed in Phase 1) • Tap Sampling Plan In late November 2023, the USEPA also released the pre-publication Lead and Copper Rule Improvements (LCRI) which are intended to build upon LCRR requirements and ensure all service lines are confirmed as non-lead and that all LSLs and galvanized requiring replacement (GRR) are replaced within a 10-year period. The LCRI is anticipated to be finalized in 2024; however, the LCRI is not anticipated to become effective until 2027. The LCRI compliance deliverables include the following: • October 2027 Deliverables o LCRI Baseline Inventory o Service Line Replacement Plan (pending LCRI finalization by October 16, 2024) o Annual Updates: ▪ Service Line Inventory ▪ Revised List of Compliance Sample Sites • October 2034 Deliverables o Non-Lead Validation at 95% Confidence Level • October 2037 Deliverables o 100% Unknown Service Line Verification o 100% LSL and GRR Replacement Project Understanding and Approach The LSL Inventory must include the utility and customer-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. During Phase 1 efforts, it was determined there are 65,873 service lines in the service area with 644 unknowns on the utility-side and 35,681 unknowns on the customer-side;35,779 distinct locations with an unknown on either side of the meter. In November 2023, ADEQ formally revised the LSL Inventory Quick Reference Q&A Guidance (ADEQ: LCRR Quick Reference Q &A (azdeq.gov)) which effectively reversed prior approvals of LSL Inventory criteria utilized during Phase 1. Initial estimates indicate that approximately 2,000 additional service lines will be recategorized as lead status unknown; however, additional updates and review of the revised criteria are needed. The proposed compliance program schedule for the City is shown below in Figure 1. LCRR Phase 2 Final Scope of Services City of Glendale 3 Figure 1: Proposed LCRR Project Phasing Figure Notes: *Indicated compliance actions and deliverables are only required for water systems with LSLs, GRR, and/or lead status unknown service lines per the LCRR requirements. Phase 2 of the LCRR Compliance Program is aimed to fulfill the City’s goal to have zero lead status unknown service lines. In order to reach this goal, field work must be completed for a prescribed quantity of lead status unknown service lines based upon the selected indirect method. Additionally, site review of field verified service lines and an updated LSL Inventory will be needed to integrate field work findings. All field verified service lines will need to be categorized as non-lead, and the City will need to conduct additional investigation of any customer-side galvanized service lines through record review or ADEQ coordination, if customer-side galvanized service lines are identified downstream of a service line that was or is lead status unknown. Beyond the LSL Inventory, compliance sample sites and sampling protocol as well as will be required to fulfill two additional compliance requirements. Finally, customer education and outreach is a critical component of LCRR requirements in the future after the compliance deadline including for systems with a “No Lead Service Line Verification”. LCRR Phase 2 Final Scope of Services City of Glendale 4 Scope of Services The Scope of Services includes the necessary tasks to complete Phase 2. The following tasks will be performed as part of this project: • Task 1: Project Management and Meetings • Task 2: Field Work Preparation • Task 3: Field Work Review and Inventory Updates • Task 4: Sampling, Monitoring, and Protocol • Task 5: Customer Outreach and Education • Task 6: Regulatory and Third Party Coordination • Task 7: Owner’s Allowance LCRR Phase 2 Final Scope of Services City of Glendale 5 Task 1: Project Management and Meetings Hazen will provide project management services throughout the project, including preparation of billing statements, document control, record keeping, and project budget and schedule tracking. Hazen will also track project performance including budget and schedule, identify any outstanding issues, and hold progress meetings/conference calls with City staff as necessary. Our management approach includes well-defined roles and responsibilities of each resource and the lines of communication among team members and the City, as well as plans for maintaining QA/QC. Hazen will provide an initial schedule with milestones using MS Project to guide the project. Project Kick-Off Meeting and Review: Hazen will conduct a 1-hour virtual kickoff meeting with the City to introduce our project team, establish lines of communication, review LCRR and LCRI requirements, and review the scope of services and project schedule. During the kickoff meeting, Hazen will verify the City’s team participants, needs, and schedule. Project Progress Meetings: Hazen will coordinate with City throughout the duration of the project. Coordination meetings will be held between the Hazen and the City, as needed (up to 7 meetings). Progress Reports: Project progress will be summarized each month in invoice progress reports. Deliverables: • Kickoff Meeting – agenda, slides, action items, and key takeaways • Project schedule • Meeting minutes for monthly project progress meetings, which will be billed monthly • Monthly progress reports, which will be billed monthly for those that occurred in that month. Assumption: • Conduct a kickoff meeting and virtual monthly progress calls, as needed, during a project duration (estimated at 7 months). • The work effort included within this proposal utilizes regulatory guidance as of 12/15/2023. Task 2: Field Work Preparation Revised Inventory Framework and Service Line Identification Plan: Following the November 2023 ADEQ guidance, the City has approved the revision of the inventory framework to utilize non-lead designations based on a January 1, 1990 service line installation date and >2” service line diameter. These revisions will be completed with the current inventory framework prepared during Phase 1. Additionally, ADEQ’s revised field verification requirements requires further regulatory coordination, analysis, and documentation within the Service Line Identification Plan 2.0. Hazen will conduct a revised subdivision analysis with ADEQ’s 2023 subdivision criteria to determine the revised quantity of sites for field verification. LCRR Phase 2 Final Scope of Services City of Glendale 6 Mobile App and Dashboards: Hazen will develop a Field Maps app to directly integrate field verification findings into the Lead Service Line Inventory Database. The Field Maps app will cover the required service line verification points as required by ADEQ. Service line sites may be assigned to separate Contractor(s) or City personnel, as desired, within the app platform. Instructions for utilization of the Field Maps app will be included in Task 3’s Training Materials. Additionally, a Field Verification QC Dashboard will be developed for the review of service line field verification submissions from the Field Maps app. Training: Hazen will host one three-hour training session for Contractor(s) and/or City staff to meet the ADEQ field work training requirements. Hazen will coordinate with ADEQ on training materials to ensure they meet ADEQ requirements. Workshop with Council: Hazen will attend and prepare for one workshop with Council in support of the City. Hazen will answer questions, as needed, and if directed to. Deliverables: • Contractor and/or City Staff Training. • Field Verification Mobile App. • Field Verification QC Dashboard. • Workshop Talking Points and Presentation Material, if needed. Assumptions: • The Field Verification Mobile App will be developed through ArcGIS Field Maps app available in the Apple and Google Play app stores. • The cost of data acquisition for the revised subdivision analysis will be covered by the City. Task 3: Field Work Review and Inventory Updates Identification Review: Hazen will coordinate with Contractor(s) and/or City staff to review Field Maps mobile app field verification submissions in the Glendale ArcGIS Online Field Maps QC platform. Each submission will be designated as one of the following: • Not Inspected (Orange Circle): Awaiting field verification by staff • Inspected – Completed (Green Circle): Field verified by contractor, approved by Quality Control staff. • Inspected – Submitted (Blue Circle): Field verified by contractor, awaiting review by Quality Control staff. • Inspected – Rejected (Red Circle): Field verified by contractor, rejected by Quality Control staff. • Inspected – In Progress (Yellow Circle): Field verified by contractor with unusual result, marked for advanced Quality Control or site/entry repair. • Obstacle (Yellow Diamond with Exclamation Point): Obstacle encountered by contractor. Contractor may need to revisit site to complete field verification if alternates are unavailable. LCRR Phase 2 Final Scope of Services City of Glendale 7 Hazen will track Field Maps fields and high-level Contractor progress in the Field Maps Dashboard. Inventory Updates: Throughout the field identification effort, Hazen will update the LSL Inventory to provide an estimated quantity of remaining unknowns. At the completion of field identification, the LSL Inventory Template will be populated with the final LSL Inventory results for future detailed inventory submission requirements by ADEQ. Deliverables: • Updated LSL Inventory • LSL Inventory Template Assumptions: • The City will be responsible for conducting field survey efforts using City staff or a contractor. • During Phase 1, Hazen estimated approximately 13,000 sites for field verification within the City using preliminary subdivision estimates at 20%, as required by ADEQ in November 2023. Additionally, approximately 2,000 service lines are now considered lead status unknown under revised criteria. For planning purposes, 15,000 sites are estimated for field verification and field work review. • Based on efforts for other communities in Maricopa County, contractors are completing approximately 1,500 sites per month using the methods that the City will likely apply for field verification. At this rate with three (3) teams working in parallel, it is estimated to take approximately 6 months to complete field verification of approximately 15,000 required sites. An additional 14% of sites is added to consider obstacles and site reassignments for a total of 17,000 sites. • Field verification contractor submissions will not exceed 17,000 sites. The estimated time to review each site, coordinate with contractors, and provide alternates, as needed, is 8 mins, which equates to 1,968 hours. • The City will backup all collected data weekly with snapshot data backup. The City will provide the Contractor access to the Glendale AGO, as needed. • The field verification crews will maintain a viable mobile device and upload all service line data into the Field Maps mobile app without need for manual entry by Hazen staff. • Leaded solder testing is not currently included in this effort. • Identification of disadvantaged communities is not included in this effort. Task 4: Sampling, Monitoring, and Protocol Hazen will develop an LCRR Compliant Sampling Site Selection including recommendations for revising the standard monitoring sample site pool based upon LSL Inventory results and existing sample sites to reflect the new tiered structure. Additionally, Hazen will update sampling protocols to account for 1st and 5th Liter sample requirements in the LCRR, as applicable. The LCRR Compliant Sampling Plan will include the following components: • Detailed list of selected sites LCRR Phase 2 Final Scope of Services City of Glendale 8 • Revised sampling protocol • 1st and 5th liter sampling SOPs, as applicable • List and map of schools and childcare facilities which includes both public and private schools and childcare facilities and year of construction for the facilities, as available To further assist the City in ongoing compliance with the LCRR, Hazen will prepare a Sampling Dashboard that tracks historical sample sites, sample values, and provides new sample sites, as needed. Sites requiring shorter notice times due to sample results will be included. Deliverables: • Updated list and map of compliance samples sites with year of construction for the facilities, as available. • Sampling SOPs for 1st and 5th liter sampling. • Sampling Dashboard Assumptions: • Compliance Tap Sample Site Selection may require updating based upon future service line material verification results. • The LCRR initial inventory requirements and sample site selection notably vary from the LCRI. Thus, additional review and revisions of the selected sample sites after the October 16, 2024 deadline is recommended. Task 5: Customer Outreach and Education Hazen will prepare Customer Outreach materials including topics for educational material, sampling instructions, sampling results, and additional customer notifications. Many of these deliverables are required for all water systems to provide to customers under certain compliance scenarios. Additionally, distribution system and site assessment (DSSA) materials are only required if an individual compliance sample exceeds 10 µg/L. Hazen will coordinate with ADEQ, as needed, during the project timeline to ensure materials meet ADEQ requirements. Deliverables: • Educational Material: • POU Installation and Use Instructions (1 Page – Front & Back) • Lead in Drinking Water Educational Material (1 Page – Front & Back) • Find-and-Fix with POU Instructions (1 Page – Front & Back) • Annual Educational Information for Schools and Childcare Facilities (1 Page – Front and Back) • Sampling Instructions: • Routine Compliance Sampling Instructions – 1st Liter Only (1 Page – Front & Back) LCRR Phase 2 Final Scope of Services City of Glendale 9 • Customer Requested Sampling Instructions (1 Page – Front & Back) • DSSA Sampling Instructions– 1st Liter (1 Page – Front & Back) • DSSA Sampling Instructions– 1st and 5th Liter (1 Page – Front & Back) Front & Back) • Sampling Results: • Routine Notification of Results (Letter) • Action Level Exceedance Notification (Letter) • School & Childcare Notification of Results (Letter) Assumptions: • Two revisions to the draft customer communication materials will be included. The first round of revisions will be completed in Microsoft Word, and the second round of revisions will be completed on a PDF version with graphics. Task 6: Regulatory and Third Party Coordination ADEQ Coordination: While ADEQ is requiring utilities to complete their LSL Inventory and Tap Sampling Plan by October 16, 2024 under the LCRR, they are still developing the standard/approved methods and will likely delay the preparation of a primacy package until after the compliance deadline. Additionally, ADEQ is providing case-by-case approval to inventory narratives and methods for service line material verification. Thus, coordination between ADEQ and the City to ensure regulatory compliance is a top priority for this project. Hazen will attend up to four calls with ADEQ to communicate the approach and findings. Hazen will also provide guidance to the City to further support coordination and approval of Phase 2 deliverables. Following the release of the LCRI, ADEQ is working to coordinate all LCRR compliance requirements for the planned implementation of one primacy package. Hazen will coordinate with ADEQ on this effort and provide recommendations on the inventory effort for the initial 2024 deadline. AMWUA Coordination: Hazen will attend up to 4 Arizona Municipal Water Users Association (AMWUA) LCRR Meetings, and coordinate with other AMWUA agencies in support of the City. Application for “No LSL Verification”: Once all required field verification sites are completed and confirmed as non-lead service line material coordination with ADEQ will begin to assist the City in reaching a non-lead designation, if the field verification work and inventory results align with ADEQ’s requirements. If acquired, the non-lead designation will allow the City to opt out of the public-facing website and annual customer communication service line material notification requirements under the LCRR. Deliverables: • Material verification findings summary • Request for a “No Lead Service Lines Verification” designation LCRR Phase 2 Final Scope of Services City of Glendale 10 Assumptions: • Hazen will conduct regulatory coordination meetings with ADEQ on the material verification methods and development of the inventory throughout the duration of the project. • Written verification from ADEQ on service lince material identification methods will be received prior to commencing field work in Task 3. • No more than five (5) AMWUA meetings on the LCRR will take place in 2024. Task 7: Owner’s Allowance The Owner may elect to utilize this allowance in writing to Hazen. Example of the Owner’s allowance usage may include the customer survey revisions, QC, and additional field verification. Project Schedule Our proposed project schedule is provided below. The anticipated Notice to Proceed (NTP) date is tentatively prior to January 2024. It shows the planned progression of the project starting with the Kick- off Meeting and ending with the final customer outreach and education deliverables. The schedule identifies the major tasks and subtasks that need to be undertaken, as well as activities that will need to occur concurrently. We are proposing a timeline of completing the project within 7 months. LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND HAZEN AND SAWYER, P.C. EXHIBIT C METHOD AND AMOUNT OF COMPENSATION Consultant will be compensated for completed work per the attached Fee Proposal. NOT TO EXCEED AMOUNT The total amount of compensation paid to Contractor for full completion of all work required by the Statement of Work must not exceed $642,665 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION Consultant will be compensated for completed work. per the attached Fee Proposal. LCRR Phase 2 Final Scope of Services City of Glendale 11 EXHIBIT C The total fee associated with this project is shown on the below table using contract rates. The work would be billed time and materials up to the not-to-exceed amount shown in the table. Task No. Task Name Fee Task 1 Project Management and Meetings $ 32,295 Task 2 Field Work Preparation $ 80,500 Task 3 Field Work Review and Inventory Updates $ 369,790 Task 4 Sampling, Monitoring, and Protocol $ 33,500 Task 5 Customer Outreach and Education $ 47,120 Task 6 Regulatory Coordination $ 29,460 Task 7 Owner's Allowance $ 50,000 Base Fee $ 642,665