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HomeMy WebLinkAboutC2008-158 - 5/13/2008 - ApprovedAmendment No. '! -Agreement Consultant Services for Utility Rate Analysis The City of Corpus Christi, Texas, hereinafter called "City", and HDR Engineering, Inc., Inc. hereinafter called "Consultant", hereby agree to the amendment of the contract approved January 18, 2008 as follows: Section tasks: II. Scope of Services is amended by performing additional services relating to the fiollowing SCOPE OF SERVICES A. Task 1 -Assist in Storm Water Policy Definition HDR will develop a list of draft storm water utility policy considerations far staff review and lead a staff work shop to develop preliminary policy information for City Council consideration. HDR will also assist in background technical studies that may be needed to quantify the effects of various policy choices. B. Task 2 -Assist in Development of Billing Database HDR will advise the City on various issues related to billing, including identifying and resolving "problem" accounts. Advisory services would include assisting the City in the definition of billing basis and billing approaches (how to bill certain tax-exempt properties, unusual land uses, new accounts, tenant property, etc.), effects on administrative efficiency and customer relations issues associated with various approaches, and how various City policies may affect the billing. HDR will also take the lead in developing the utility billing database and assist in the development of information related to government and non-profit tax-exempt accounts. Our scope assumes that the City will quickly make available usable downloads of information from their HTE, Development Services, and GIS information systems and that HDR wi11 be provided with instructions from City management to City staff that this is a priority effort. It is understood that staff participation will still be required in this effort, but HDR would perform the more intense labor efforts. The outcome of this effort would be a digital #ile that would provide a list of the accounts {both existing and new), a link to the utility accounts to be billed, a basis for billing (the assigned ERU values), and rate table information. It is anticipated that this could be merged into HTE without considerable difficulty. Given the many thousands of accounts, the wide variability of land uses and utility service configurations, inherent problems with data originating from multiple other sources, and the short amount of time to implement, it should be stressed that innovating any new billing system will ultimately have outstanding issues that result in some customer complaints and adjustments or appeals. This should be anticipated. Our goals would be to minimize those occurrences in the time remaining. C. Task 3 -Assist in Further Delineation of Rate Design, Pricing, and Revenue Forecasts HDR will assist the City in refining it storm water rate design, the pricing associated with rate revenue requirements, and in its revenue forecasts. This would include a reassessment of needed expenses for FY09. 2008-158 M2008-117 05/13/08 5tormWaterUtilitylAEAmd1.doc Page 1 of 5 HDR Engineering D. Task 4 -Fully Enable the Storm Water Portion of the City's Integrated Financial Planning Model HDR was previously retained to conduct a water and gas utility rate study and to incorporate enough information on the other utility services {wastewater and storm water) such that a "combined funds" picture could be modeled and bond coverage issues assessed. For this purpose, HDR developed what we call an Integrated Financial Planning Model. The existing model fully developed the storm water expense side of the equation, but did not develop the storm water demand, rate and revenue elements as they were neither a part of the prior scope nor relevant at that time. However, HDR anticipa#ed that a storm water utility might arise and thus designed the model to have these portions further developed in the future if a storm water utility were then relevant. With this task, HDR would finish out those portions of the model that would then give the City a fully-enabled, powerful planning tool for assessing needed rate revenues, possible revenue transfers from other funds, billing collections efficiencies, and setting the storm water rates with a several year period in mind {to avoid frequent rate adjustments). E. Task 5 -Assist in the Development and Review of Draft Ordinances HDR has already provided the City with templates of storm water utility ordinances. HDR will work with staff and City Council to develop desired policies to include in separate ordinances to: (1} create the storm water utility and associated policies, and (2) to establish the storm water rate schedule. HDR will also provide review services of the multiple iterations of the draft ordinances. E. Task 6 - Assist in Staff, City Council and Stakeholder Coordination With the potential controversy associated with shifting of cast responsibilities far funding storm water and developing a new service charge, coordination will be very important. HDR can draw on its national and Texas experience to provide insight as to approaches, quality control review, and s#akeholder support. HDR will assist staff in the development of Power Point presentations, handouts, and news releases. HDR is uncertain about the ultimate of coordination effort that will be required in this effort, but we have budgeted a placeholder number of hours. F. POINT OF CONTACT -The Assistant City Manager for Public Works and Utilities will designate a single point of contact for all communications, information and documents to pass through. Any actions taken by the Consultant on instructions, information or concurrence provided by or through any other source will not be compensated under this contract. G. ORDER OF SERVICES -The Consultant agrees to begin work immediately after written authorization. The preliminary schedule for the project is attached as Figure 1. III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $98,900.00. The fee is inclusive of the not to exceed fee of $88,257 and all authorized expenses not to exceed $10,643. This fee will be full and total compensation for all services provided and authorized expenses incurred in performing the tasks specified. Authorized expenses include out of town travel, lodging, and meals. Mileage will be reimbursed at the IRS authorized rate. Authorized expenses will be reimbursed upon submission photocopies of receipts. The City will reimburse the Consultant far authorized Page 2 of 5 H:IHOMEIKEVINSIGENISTORMWAT122925tormWaterUtilityWEAmd 1.doc expenses in an amount not to exceed $10,643.00. The Consultant will not be reimbursed for mileage while traveling within the City of Corpus Christi. The table "Summary of Fees" shall be used when calculating the fee due for the proportion of services completed. The City shall make prompt payments in response to Consultant's statements for Professional Services. Billing for services provided will be based on the Consultant's estimate of the percent of services complete at the time of billing. However, in no case will the billing exceed 90% until the delivery of any documents has been reviewed and accepted by the City. Consultant will submit monthly statements for work authorized by the Assistant Director of Engineering Services and performed by the Consultant. The statement will be based upon Consultant's estimate and concurrence by the City of the proportion of the total services actually completed at the time of billing. The City will make prompt monthly payments in response to Consultant's monthly invoices. All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary Schedule of Fees. Invoices will be sequentially numbered for each project and state the project name. The letter shall state the number of the current invoice, the contract fee for each task, the amount previously invoiced for each task, and the current amount due. Invoices will be organized to accommodate funding sources. Summa of Fees: Original Contract Amd. Na.1 Total A Task 1 -Assist in Storm Water Polic Definition 3,007 868 3,875 B. Task 2 -Assist in Develo ment of Billin Database 24,242 26,381 50,623 C. Task 3 -Assist in Delineation of Rate Design, Pricing, and Revenue Forecasts 1,612 4,836 6,448 D. Task 4 -Enable the Storm Water Portion of the City's Inte rated Financial Plannin Model 1,612 1,612 3,224 E. Task 5 -Assist in the Development and Review of Draft Ordinances 1,736 868 2,604 F. Task 6 --Assist in Staff, City Council and Stakeholder Coordination 11,718 9,765 21,483 Labor Subtotal 43,927 44,330 88,257 Travel, Per Diem, Printin & Re roduction 5,973 4,670 10,643 Total $49,900 49,000 $98,900 IV. TERMINATION OF CONTRACT The City Manager may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address specified below. If terming#ion occurs prior to the final completion of all work contemplated by this contract, the Consultant shall be paid a reasonable compensation for the services actually rendered in accordance with the above-described schedule of fees and in proportion to the amount of work done on such stages or phases as have been authorized. Page 3 of 5 H:IHOMEIKEVINSIGENISTORMWAT12292StormWaterUlilitylAFAmd Ldoc The foregoing shall not be construed to retluire the City Manager to compensate the Consultant for any services not performed in a proper, professional manner. NOTICE ADDRESS Correspondence concerning this contract shall be sent to the City and Consultant as follows: City: Gonsultant: Director of Engineering Services Carl Crull, P.E. City of Corpus Christi HDR Engineering, Inc. P.O. Box 9277 5151 Flynn Parkway, Suite 314 Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 7$411 361-826-3500 {361 } 857-2216 Fax: 361-826-3501 Fax: (361) 857-0509 VI. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on con#racts for professional services be of maximum benefit to the local economy. The Consultant agrees that local architectural and engineering liaisons will be used to the extent practical. VII. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications}, record drawings, con#ractor's field data, and submittal data shall upon payment of all fees and reimbursable expenses owed under this agreement, be the sole property of the City. Those documents may be used by the City Engineer for other City projects, and with the exception of standard details that are not specific to this project may not be used again by the Consultant without the express written consent of the Ci#y Engineer. The City will assume sole liability for arising out of any reuse or modification of the Consultant's documents, except where the Consultant is found to be liable by a court or forum of competent jurisdiction. VIII. CORRECTING MATTERS Any extra cost and expense necessary to correct matters caused by failure of the Consultant or hislher sub-consultants to exercise a reasonable degree of professional care will be paid by the Consultant and not reimbursed by the City. IX. ASSIGNABILITY The Consultant shall not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written- consent of the City, except far routine duties delegated to personnel of the Consultant's staff. No part of the Consultant's fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City shall not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Page 4 of 5 H:IHOMEIKEVI NSIGENISTORMWAT12292SLormWatertJtil itylAEAmd 1.doc X. INSURANCE The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, by an insurance company acceptable to the City as se# forth as Exhibit "A". XI. DISCLOSURE OF INTEREST In compliance with City of Corpus Christi Ordinance No. 17112, Consultant agrees to complete the City of Corpus Christi Disclosure of Interests farm which is incorporated in the contract as Exhibit ,~B.~ All other terms and conditions of the January 18, 2008 contract, as amended, between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI HDR ENGINEERI ,INC. By: ~ as By~ ~ ~ ~ ` gel R. Escobar, P.E. at Carl E. Crull, P.E. Date interim Assistant City Manager Vice President ATTEST: 5 /`f a~ City Secret ry Date ,~,,,,.... AifT11QRiZti+ APP OVED AS TO FOIE : ~ ~U~GIL.~ ~ ~ ,PJ1~ - ~b~ Assistant City Attorney Date ~p~-~~r ~~. Dt~t/d~ Page 5 of 5 H:IHOMEIKEVINSIGENISTORMWAT12292StorrnWaterUtilityWEAmd 1.doc Exhibit A (Revised September, 2001) INSURANCE REQUIREMEHT$ PROJECT CONSULTANT LIABILITY INSURANCE A. The Project Consultant shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Project Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Projec# Consultant shall furnish two {2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products) Completed Operations Hazard 6. Contractuallnsurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERSC WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long-tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements [ ]REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED Exhibit "A" - Insurance Requirements Page 1 of 3 C. In the event of accidents of any kind, the Project Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Il. HOLD HARMLESS A. For non-professional services, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this con#ract. For professional services, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused or alleged to have been caused by the Consultant's negligent acts, errors or omissions in the performance of professional services under this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants or employees or any other person indemnified hereunder. B. The Project Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Project Consultant sign the contract documents, the Project Consultant shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter, signed by the Project Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at anytime before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Project Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 -Attention: Contract Administrator. Exhibit "1a" - Insurance Requirements page 2 of 3 Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Project Consultant will be promptly met. ., 11 f f III. On the certifica#e of insurance: o The City of Corpus Christi is to be named as an additional insured on the liability coverage, except far workers' compensation coverage. o Should your insurance company elect to use the s#andard ACORD form, the cancellation clause (bottom right) sha11 be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. o The name of the project also needs to be listed under "description of operations". o At least 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. Exhibit "A" - insurance Requirements Page 3 of 3 City of COT~l1S CITY OF CORPUS CHRISTI Chnsti DISCLOSURE OF INTERI=STS w~ City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NIA". FIRM NAME: HDR Shiner, Moseley and Associates. Inc. STREET: 555 N. Carancahua, Suite 1650 CITY: Corpus Christi. TX ZIP: 78478 FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association 5.Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of khis page or attach separate sheet. 9. State the names of each employee of the City of Corpus Christi Raving an ownership interest constituting 3% or more of the ownership in the above named firm. Name Job Title and City Department (if known) NIA 2. State the names of each official of the City of Carpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Title NIA 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named firm. Name Consultant NIA CERTIFICATE I cerkify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and thak supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Carl Crull, P. E. Title: Vice President Signature of Certifying Person: Date: ~~u~ld~ DEFINITIONS a. Board Member. A member of any board, commission or committee appointed by the City Council of the City of orpus ns i, exas. b. Em~~lo ew~e. Any person employed by the City of Corpus Christi, Texas, either on a full or parf time basis, but not as anan independent contractor. c. Firm. Any entity operated far economic gain, whether professional, industrial or commercial and whether e a6lished to produce ordeal with a product or service, including buk not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnershi corporation, oint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treate~ as non-profit organizations. d. Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, eD~ment and Division Heads and Municipal Court Judges of khe City of Corpus Christi, Texas. e. Ownershi Interest. Legai or equitable interest, whether actually or constructively held, in a firm, including when suc in eyes is e d through an agent, trust, estate or holding entity. Constructively held refers to holding or control established through voting trusts, proxies or special kerms of venture or partnership agreements. f. Consulkant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purposesprofessional consultation and recommendation.