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HomeMy WebLinkAboutC2010-084 - 3/22/2010 - NAAGREEMENT for Agreement for Consultant Services MISC. FINANCIAL EVALUATION SUPPORT -UTILITIES This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home- rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and HDR Engineering, Inc. a Nebraska corporation, "CONSULTANT" acting through its duly authorized representative who is ~r~~/ ~~-~~ (name), ~~~s. ~2~s~" (Title), which agree as follows: 1. DECLARATIONS. ITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow: MISC. FINANCIAL EVALUATION SUPPORT -UTILITIES - FY 2010 & 2011 - Proiiect E10026 "PROJECT" 2. SCOPE OF WORK. "CONSULTANT" shall provide services forthe PROJECT in accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit A". 3. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 4. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A", Scope of Services and Fee under this AGREEMENT, an additional not to exceed fee of $24,714.00 (in figures), (Twenty Four Thousand Seven Hundred Fourteen and no/xx dollars) (in words). CITY OF CORPUS C ' RISTI B : ~~~ ~ ~- Y - Juan Perales, .E. Assista t Ci~y Manager. ~~2Z// ~~ (Date) ATTEST: Armando Chapa (Date) APPROVEQ AS TO FORM: Di Leg HDR Engineering r. ~ ice .~~ ~ vat a ent (Da , ) D . . 2010-084 ( ate) 03/22/10 r By: (SIGNATURE) (Date) 555 N. Carancahua Suite 1650 (Address) Corpus Christi TX 78478-0010 (City, State, Zip) 361-857-2211 Fax: 361-857-7234 (Phone/FAX No.) INDE Q PROPOSED SCOPE OF SERVICES MISC. FINANCIAL EVALUATION SUPPORT FOR CITY OF CORPUS CHRISTI UTILITIES Scope of Services Task 1 -Provide Support for Storm Water Legal Challenge HDR will assist the City in the defense of its District Court case concerning possible storm water overcharges. This support could include briefing of City attorneys and management, use of the rate model to assess costs of storm water bond coverage, and assessment of cost differentials between water delivered at the O. N. Stephens Water Treatment Plant and actual rates charged going back in time. This scope would provide evaluation support in assessing the spread between recent rates and est. actual treated water costs and then using a percent allocation factor to move the spread between these numbers back in time. This limited scope does not anticipate using the existing rate model to recreate prior year parameters as this would entail substantial efforts to examine and allocate prior year's CIP, debt and common costs (by year), prior years' service use, etc. and could, in its level of detail, open many numbers or assumptions to further debate. Other misc. support may be warranted. Task 2 -Provide Support for Evaluation of How Storm Water is Included in the Water Rate HDR will assist the City in assessing various water rate design options for funding storm water through the inside City Limits (ICL) water rates, including various degrees of storm water funding support through volume rate versus minimum (demand) charges, as well as reconsideration of current storm water subsidies implicit in the ICL Large Volume water rate. This may also include an assessment of how various water customers (type and level of use) may be affected by these changes. This effort is anticipated to be performed twice: once using existing FY10 budgeted costs and rates as a sounding board for the feasibility of making these changes, and a second time, using FY11 budget information from an update rate model. Task 3 -Provide Support for Update and Transfer of the Utilities Rate Model to Staff HDR will also provide services to the City to update the utilities rate model with FY11 budgeted expenses and non-rate revenues, so that a determination of rate revenue requirements and associated rate pricing determinations by customer class can be made for the FY11 budget process. It is anticipated that HDR will need to take the lead in compiling water use/customer and detailed financial data for input to the model, given the very limited turn-around time for the model update. It is also anticipated that there will be some limited budget revisions made after the HDR's initial receipt of draft budget information that will need to be reflected in further model updates. This effort will also provide for the training of City staff on (1) the pre-processing programs that have been run by HDR to compile and summarize customer/water use and detailed budget account information, and (2) other aspects of the model update. The goal of this effort is to effectively move towards internalizing this updating capability by City staff. Task 4 -Coordination HDR will provide various coordination support services for the above three task efforts, which would include regular technical phone calls, conference calls, in-person meetings, and possible legal or City Council support. Exhibit A Page 1 of 2 Schedule Task 1 -Legal Support for Storm Water Legal Challenge could involve efforts over an extended time frame, depending upon how the case progresses. Tasks 2 & 3, keyed to the budget process, are anticipated to be completed by July 2010. Budget Table 1 below details the estimate budget for this effort. It is proposed on a time and material basis, not to be exceeded w"•.~~out prior written client approval. This is budgeted very economically and includes a limited amount of coordination time and two budgeted trips to Corpus Christi. TABLE 1 PROPOSED BUDGET MISC FINANCIAL EVALUATION SUPPORT FOR CITY OF CORPUS CHRISTI UTILITIES w. uiov~c cnruvaw ~~~r Activity Proj Mgr Staff Tech. Staff Clencal Total Hours ' Cost Task 1 -Provide Support for Stormwater Legal Challenge 14 0 14 0 $ 2,931 Task 2 -Provide Support for Evaluation of How Stormwater is Included in the Water Rafe 12 0 ' 12.0 $ 2,512 Task 3 -Provide Support for Update and Transfer of the Utilities Rate Model to Staff 48.0. 24.0 72.0 $ 13,396 Task 4 -Coordination Support 24.0 24.0 $ 5,024 Total Labor Hours'. 98.0 24.0 - - 122.0 Loaded Labor Rate per Hour $ 209 ' $ 140. $ 78 $ 56 Total Labor Expense ' $ 20,516 $ 3,348 $ - $ - E 23,883 B. NON-LABOR EXPENSES Unit Total Item Quantity Price Cost Mileage... 600. miles... $ 0 50 per mtle $ 300 Per Diem 3 ' days $ 25 per day $ 75 .Technology Charge 122 hours.. $ 3 70 per hour $ 451 Commincations, Reproduction & Supplies 1 ea $ 25 ' Ls. , $ 25 Total Non-Labor Expenses ' S 851 C. TOTAL TASK BUDGET S 24,714 Exhibit A Page 2 of 2 Exhibit B Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS 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 contract. 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. SUPPLIER NUMBER TO BE ASSIGNED BY~IT~- o PURCHASING DIVISION vw City of CITY OF CORPUS CHRISTI cor~u5 DISCLOSURE OF INTEREST Christi 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 "NA". See reverse side for Filing Requirements, Certifications and defimhons. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1650 CITY: Corpus Christi 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 this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Chnsti having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 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 N/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 Committee N/A 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 N/A EXHIBIT "B" Pa e 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the Ci~ official, employee or body that has been requested to act in the matter, unless the interest o the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify 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 that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Carl E. Crull, P. E. (Type ar Print) Title: Vice President Signature of Certifying Date: Person: DEFINITIONS 3~~d a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. £ "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "B" Pa e2of2