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HomeMy WebLinkAboutC2008-472 - 12/16/2008 - ApprovedAmendment No. 5 Agreement for Consultant Services Utility Rate Analysis The City of Corpus Christi, Texas, hereinafter called "City", and HDR Engineering, Inc., Inc. hereinafter called "Consultant", hereby agree to the amend the contract approved May 31, ~ 2005 by Motion No. 2005-179 and administratively amended May 1, 2006 and administratively amended August 30, 2006 and administratively amended September 14, 2006, and administratively amended September 27, 2007 as follows: Section II. Scope of Services is amended to have Subsection L. Task 12 read: II. SCOPE OF SERVICES N. Task 14 - On Call Services The Consultant will provide on call services for utility financial planning, assistance in rate determination, wholesale customer mediation, expert testimony, and other utility related matters dealing with planning, finance and growth management. Examples of anticipated services that may be required are attached as Exhibit A-5. Additional services will be undertaken upon request, but any service requiring an increase in fees will be evidenced in writing as an additional amendment to this contract. Section III. Fees Authorized is amended to read as follows. III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $484,690.00. The fee consists of an original contract fee of $255,790.00, an Amendment No. 1 fee of $24,500.00, an Amendment No. 2 fee of $24,000.00 and an Amendment No. 3 fee of $36,000.00 and an Amendment No. 4 fee of $44,400.00 and an Amendment No. 5 fee of $100,000.00. 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 meal. Mileage will be reimbursed at the IRS authorized rate. Other authorized expenses will be reimbursed upon submission photocopies of receipts. The City will reimburse the Consultant for authorized expenses in an amount not to exceed $8,060.00. 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 gf_b_illing. However, in no case will the billing exceed 90% until the delivery of any documents has been reviewed and accepted by the City. Billing for services provided as part of Amendment No. 4 will be based on the actual number of hours worked times the billing rate for the employee. Amendment No. 4 includes payment for authorized expenses in an amount not to exceed $3,867.00. HDR Engineering 2008-472 12/16/08 M2008-335 Page 1 of 3 Billing for services provided as part of Amendment No. 5 will be based on the actual number of hours worked times the billing rate for the employee. The Amendment No. 5 fee is inclusive of all fees and authorized expenses. 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 record of actual hours worked times the hourly billing rate for the City of the proportion of the total services actually completed at the time of billing. The hourly rate is set forth by Table 1 attached to this amendment. 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. Summary of Fees: Ori final Contract A Task 1 -Data Gatherin and Initial Polic Guidance 9,808 B. Task 2 -Evaluate Customer Use and Production Data 10,664 C. Task 3 - Existin /Pro'ected Cost of Service 25,358 D. Task 4 - Develo Im roved Model 34,348 E. Task 5 -Assess Miscellaneous Service Fees 12,071 F. Task 6 -Determine and Allocate Revenue Re uirements 15,835 G. Task 7 -Adequacy of Existing Rates and Alternative Rate Desi ns 10,825 H. Task 8 -Model Trainin and Transfer 11,135 I. Task 9 - Re ortin 17,410 J. Task 10 -Coordination 80,276 Labor Subtotal 227,730 Travel, Per Diem, Printin & Re roduction 8,060 Subcontractor Ex ense Collier, Johnson & Woods 20,000 Ori final Contract Total $255,790 Amendment No. 1 K. Task 11 -Resolution of Customer Billin Data 24,500 Amendment No. 1 Total 24,500 Amendment No. 2 L. Task 12.1 -Gas Utilit Rate Stud /Model -Phase 1 24,000 Task 12.2 -Gas Utilit Rate Stud /Model -Phase 2 TBA Task 12.3 - Im lementation of Gas Marketin Strate ies TBA Amendment No,_2 Total __.__$24,000 Amendment No. 3 L. Task 12.1 -Gas Utilit Rate Stud /Model -Phase 1 Previous) Authorized Task 12.2 -Gas Utilit Rate Stud /Model -Phase 2 26,000 Task 12.3 - Im lementation of Gas Marketin Strate ies 10,000 Amendment No. 3 Total $36,000 Amendment No. 4 M. Task 13 -Additional Coordination Meetin s 44,400 Page 2 of 3 Amendment No. 4 Total $44,400 N. Amendment No. 5 Task 14 - On Call Services $100,000 Amendment No. 5 Total $100,000 Amended Total $484,690 All other terms and conditions of the May 31, 2005 contract between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF COR~/PyUS CHRISTI /117A' ENGINEE~/~G, I Oscar Martinez Date Carl E. Crull, P.E. Date Assistant City Manager Vice President ATTEST ~~~f~~~ tz f~ ~ ~ A~ nam do C~1apa Date City Secretary RECOMMEt\~ ED: Bt' C9tlFCIL ! ! f 2- ~' "~--- Kevin R. S owers~, Date ~ z o , °gj Gonzalez, Date or Water S rvi s AF~PfjOVED AS :O FORM: ~\V/ ~~-l -b y Veronica Ocanas Date Assistant City Attorney AU iHORlZf D Page 3 of 3 ANTICIPATED ON-CALL SERVICES UPDATES OF THE CITY'S UTILITIES FINANCIAL PLANNING MODEL As requested, HDR will assist the City annually or semi-annually in the update of its utilities financial planning model. This would include updates of actual, estimated, and prospective utility expenses and revenues; customer count and service use information; water diversion and treatment volumes, wastewater treatment volumes, outstanding/pending debt, CIP data, inter- fund transfers, and other information needed to define pending utility expenses, revenue requirements, and desired rate design and pricing levels. There are four utilities to be assessed, and many possible issues surrounding each utility. It is understood that this effort may involve multiple iterations of data requests or model runs to address any data quality, changed-conditions circumstances, or alternative scenario forecasts. The degree of needed coordination may also vary from utility to utility and may involve additional coordination efforts that may be needed to address special issues. It is also uncertain what degree of data collection, model runs, and coordination efforts may be needed to accommodate possible changes in the City's fiscal year and/or timing of CIP adoption. It is also understood that HDR will periodically need to expend additional efforts obtaining and compiling a detailed download of the City's customer billing information for purposes of updating customer consumption profiles every several years. Exhibit A lists various responsibilities of City Staff and HDR in periodically updating the model. LAS BRISAS NEGOTIATION AND RATE DETERMINATION SUPPORT As needed, HDR will provide support to the City in evaluation of the potential Las Brisas agreements and determination of a blended raw water rate for water delivered to the port. This would involve review of contract terms, development of appropriate cost center accounting, and delineation of two new rates for raw water delivered to the port (with and without capital charges), as well a determination of a source of revenue to pay for oversizing costs. WHOLESALE CUSTOMER MEDIATION SUPPORT As needed, HDR will provide technical, coordination, and negotiation support in the pending mediation efforts with NCWCID #4. This could include the provision of data, developing technical evaluations and arguments, and expert support during the mediation itself. TCEQ EXPERT WITNESS SUPPORT As needed, HDR will provide technical, coordination, and negotiation support in the pending TCEQ complaint by NCWCID #4. This could include the provision of data, developing technical evaluations, and expert support during the Commission proceedings and administrative hearing. MISC. UTILITY PLANNING, FINANCE, AND GROWTH MANAGEMENT SUPPORT As needed, HDR can provide the City will expert support on other utility funding and finance issues, such as exactions and dedications policy, impact and service fees, water accounting and metering issues, demand forecasting, water conservation, drought management, and other +~lit~planning~nd~inance-issues-that affect funding and efficiencies, and. performance. Staff Responsibilities Provide, within 30 days of the data request, a formatted download of HTE customer and water use information that reconciles with monthly billing summaries +/- 5°/u Provide, within 7 days of availability, a formatted download of water and wastewater revenue and expense information, including 2 complete fiscal years of audited actuals, the amended or estimated year-ending budget for the current fiscal year, and proposed budget numbers for the pending fiscal year. Exhibit A-5 Pa e 1 of 2 Provide within 7 days of availability, the proposed water and wastewater capital improvements program including list of projects recommended to be funded, anticipated year of funding, and anticipated cost. Provide within 7 days of the data request, a download of water and wastewater utility debt by type of debt, series number, principal and interest payments by date by series, and percent water and wastewater funding of each bond series. Conduct annual update of raw water charge. Provide support, as needed, for HDR to: o interpret and incorporate changes in the budget or capital improvements program as it may affect the model structure or annual budgeted amounts. o reconcile any quality issues associated with the HTE download or correspondence with existing utility demand forecasts. o Review and input to various allocation factors associated with the assignment of common costs and other costs to various utilities, functional portions of the utility system, or customer classes. HDR Responsibilities ^ Annually import historical revenue and expense data from City's financial database. ^ Annually, update water production and wastewater treatment volumes, and customer count and water use data from monthly billing summaries from Water Department. ^ Every three years, import customer count and water use data from HTE and update customer profiles. • Update Capital Improvements Plan project data at mid-year or beginning FY. ^ Reconcile model forecast with budget data. ^ Review water use and financial forecasts with City staff. ^ Develop rate proposal for staff review ^ Coordinate rate proposal with City Council • Review RWCA calculation of City staff. Exhibit A-5 Pa e2of2 Table 1 SUMMARY OF BILLING RATES Labor Category 2008 Payroll Cost ($ per hour) Senior Financial Analyst $102 Senior Civil Engineer $110 Civil Engineer $72 Financial Analyst $65 GIS Specialist/Senior Tech $36 Clerical/Admin. $28 Note: Payroll costs are adjusted on January 1 sc of each year for all employees. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of Per Diem with hourly rates based on Payroll Cost (as shown in Exhibit B) times a factor of 2.2. Reimbursable expenses incurred in connection with such services shall be in addition to ENGINEER'S compensation. Compensation terms are defined as follows: Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation, travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. CITY OF CORPUS CHRISTI ~ DISCLOSURE OF INTERESTS 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 applipble, answer with 'NA'. FlRM NAME: ~~.~/~' ~.+x~: h ~r~ r~3 .dn, ii STREET: ~•~Sit/, ~x.,.,~sd /,,. ~ .~ ~6So CITY: ~T-.YlGrr~/Ili S~ ~ ZIP: X1/78' FlRM is: 1. Corporation ~C 2. Partnership ^ 3. Soie Owner ^ 4. Association n 5. Other ^ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of eactl "employee^ of the City of Corpus Christi having an "ownership interest" constituting 3°k or more of the ownership in the above named "firm^. NaAme~ Job Tine and City Depar6nent (d brown) / ~~ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name `` Title ~/A 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 CommiCee ~~ 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". Nam Consutlarrt A cERnFICATe I certify that all information provided is true and correct as of the date of this statemerrt, that I have not knowingly wafrheld dsdosure of arty urfornation requested; and that supptemental statemerris will be promptly submitted to the City of Corpus Christi, Texas as changes occur. ' / / Certifying Pelson: eGF ~t~ ~Yu/~ Tile: l~~~Pl ~~s: dE~ (type or Print) Signature of Certiryirlg. Person: Date: yam. ~Z. ~~~