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Home My WebLink AboutC2010-173 - 5/12/2010 - NAAmendment Na. 6 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 tv the amend the contract approved May 31, 2005 by Motion Nv. 2005-179 and administratively amended May 1, 2005 and administratively amended August 30, 2006 and administratively amended September 14, 2006, and administratively amended September 2T, 2007 and an administrative amendment in process is amended as follows: Section II. Scope of Services is amended to have Subsection D. Task 15 read: II. SCOPE DF SERVICES D. Task 15 -Blended Wa#er Rate Anaylysis The Consultant will assist the City of Carpus Christi staff with the evaluation of planning, capacity, funding, policy, and contract provisions related to the potential construction of the Joe Fulton Trade Corridor Blenr!~d Water Pipeline, and the Las Brisas power plant project water needs. The assistance will include assessment of the time frame, relevant utility capacity, fundinglcost-sharing, risk, and revenue recovery issues related to these actions. The assistance will include the identification of and recommendations related to cast responsibilities, fees, and utility rates that will allow the City tv properly recover costs, expenses, and possibly reimbursement mechanisms far capacity aversizing. Examples of anticipated services that may be required are attached as Exhibit A-6. 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. Ill. FEES ALJ7HDRIZED The City will pay the Consultant a total not to exceed fee of $506,022.00. The fee consists of an original contract fee of $255,790.00, an Amendment Na. 1 fee of X24,500.00, an Amendment No. 2 fee of $24,000.00 and an Amendment No. 3 fee of $36,00Q.00 and an Amendment No. 4 fee of $44,400.00 and an Amendment No. 5 fee of $100,x00.00 and an Amendment Nv. 6 fee of $21,332.00. 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. ether 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 $8,060.40. The Consul#an# will not be reimbursed far 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 far Professional Services. Billing for services provided will be based vn the Consultant's estimate of the percent of services complete at the time of billing. However, in no case will the billing exceed 90°Io until the delivery of any documents has been reviewed and accepted by the City. 210-17? ra51i211f Page 7 of 3 HDR Engineering t~^~~~ Billing far services provided as part of Amendment Nv. 4 will be based on the actual number of hours worked times the billing ra#e far the employee. Amendment No. 4 includes payment for authorized expenses in an amount not to exceed $3,867.00. 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 Nv. 5 fee is inclusive of all fees and authorized expenses. Billing far services provided as part of Amendment No. 6 will be based on the actual number of hours worked times the billing rate for the employee. The Amendment No. 6 fee in inclusive of all fees and expenses and includes travel expenses not to exceed $500.00. Consultant will submit monthly statements for work authorized by the Assistant Director of Engineering Services and performed by the Consultant. The statement will be based upon Consultant's record of actual hours worked times the hourly billing rate for the City of the proportion of the total services actually completed at the time of billing. The hourly rate is set forth by Table 1 attached to this amendment. The City will make prompt monthly payments in response to Consultant's monthly invoices. All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary Schedule of Fees. Invoices will be sequentially numbered for each project and state the project name. The letter shall eta#e the number of the current invoice, the contract fee for each task, the amount previously invoiced for each task, and the current amount due. Invoices will be organized to accommodate funding sources. Summary of Fees: Gri final Contract ~~ _ A Task 1 - Data Gathering and Initial Palic Guidance __ 9,808 B. Task 2 -Evaluate Customer Use and Production Data 10,fi64 C. Task 3 - ExistinglProjected Cast of Service 25,35$ D. Task 4 - Develo fm 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 - Mv_d_el Training and Transfer 11,135 1. Task 0 - Re ortin 17,410 J. Task 10 -Coordination 80,276 labor 5r~btota! 227,730 Travel, Per Diem, Printin & Re reduction 8,060 Subcontractor Ex ense~Collier, Johnson ~ Wvvds 20,000 ^ri final Contract Total $255,790 Amendment Na. 1 lC. Task 11 -Resolution of Customer BilH~ng Data_ 24,50a Amendment Nv. 7 Total 24,504 Amendment No. 2 1. Task 12.1 -Gas Utilit Mate Stud !Model -Phase 1 24,000 Task 12.2 -Gas Utilit Rate Stud (Model -~ Phase 2 TBA Task 12.3 - Im lamentation of Gas Marketin Strata ies TBA Page2of3 Amendment No. 2 Total $24,aoa _ Amendment Na. 3 W L. Task 12.1 -Gas Utilit Rate Stud (Model -Phase 1 Previvusl Authorized Task 12.2 -Gas LJtilit~ Rate Stud IModei -Phase 2 26,OQ0 Task 12.3 -- Im lamentation of Gas Marketin Strata ies 1 Q,OQO Amendment No. 3 Total $36,000 Amendment No. 4 M. Task 13 -Additional Coordination Meetin s 44,406 Amendment Na. 4 T tal $44,400 N. Amendment No. 5 ~ r 3 Task 14 - Gn Call Services $100,x00 Amendment No. 5 Total $100,000 D. Amendment Nv. s Task 15 -Blended Water Rate Anal sis 21,332 Amendment Na. 6 Total -~ -. f ..~._.~ f 21,332 ---- Amended Total $506,022 All other terms and canditians of the May 31, 20x5 contract between the City and Consultant, and of any amendments to that cvntrac#, which are net specifically addressed herein shall remain in full farce and effect. CITY 4F QR US CHRISTI ->tQ1?~NGINEERING, IN By: ~ ~ z ~ sy: ~~o Johnn Perales, P.E. Date Carl E. Crull, P.E. Date Assistant City Manager Vice President ATTEST: ~ z ~o Armando Chapa ate City Secretary RECOMM ED: ~~9 Q Pet~r'4ava. P.E. ~ Date irector ~f Engi ~5~. a av Gonzalez, P. E. Date Director or Water Se ~ces APP VED AS TD ^RM: ` t ~ ~ ~~ Veronica ^car~as ^ate Assistant City Attorney V Page 3 of 3 Derivation of Water Rates and Fees for the Las Brisas Project and Other Subsequent Blended Water Customers HDR will assist the City of Corpus Christi staff with the evaluation of planning, capacity, funding, policy, and contract provisions related to the potential construction of the Joe Fulton Trade Corridor Blended Water Pipeline and the Las Brisas power plant project water needs. HDR will help City Staff frame and assess relevant utility capacity, fundinglcost-sharing, risk, and revenue recovery issues related to these actions. HDR will assis# in the identification of cost responsibilities, fees, and utility rates that will allow for proper cost recovery of City expenses, as well as possible reimbursement mechanisms for capacity oversizing. It is anticipated #hat this will include the framing and quantification of an up-front equity buy-in fee for use of existing capacity, a fixed take-or-pay minimum monthly charge, an amended raw water rate, a new raw water supply development charge rate, a volume ra#e, and a subsequent user fee that would be charged to later users of the blended water pipeline oversizing for purposes of reimbursing Las 6risas for initial oversizing of the pipeline. Each element of the potential rate and fees, and associated contract provisions, has risk and policy implications inherent in their design. HDR will provide facilitation and technical assistance to Staff to assess these factors and develop draft contract language and a projected rate and fee schedule that reflect Ci#y financial cost recovery and other policy goals in the negotiations. These proposed efforts will include telephone, a-mail, and meeting{s} coordina#ivn with Staff. HDR can also assist, if requested, with City Council coordination and negotiations assistance with Las Brisas representatives. This might also include additional technical analyses as the negotiations transpire and a final agreement is reached. Estimated Budget Develop draft rates and fees 80 hours Additional coordination 1F hours Total Labor 95 hours @ $2171hr =$20,832 Travel expenses ~ 500 Tota I $21, 332 Schedule It is anticipated that the development of initial draft rates and fees will take approximately 3 weeks. Additional coordination is dependent vn direction from City Staff. Exhibit A-fi Page 1 of 1 Exhibit B Mandatory Requirements {Revised Nv~ember, 2Ut]5] 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 cowered 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 ir~ury to any person. or any death at any time resulting from such injury, yr any damage to any properly, 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 ar any other person indemnified hereunder. E][H~BIT uBs~ Pa e1of1 H:WDMEIRadiellelGEklFormsISMHLLAEIS!HALL E~[HIBff B-HpR IkOEMHITY.ODC SUPPi.IER NUMIIER 'I'0 BE ASSIGNED BY~TT~ PURCHASING DIVISiGN City of CITY OF CORPUS CHRISTI ~~ t; DISCLOSURE aF INTEREST City of Corpus Christi Qrdinance 171 i 2, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Eery question must be answered. If the question is not alp icable, answer with `NA", See reverse side for Filing Requirements, Certifications and deBntttons. COMPANY NAME: HDR Engineering, Inc. P. D. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1550 CITY: Corpus Christi ZIP: 78478 FIRM IS: t , Corporation X 2. Aartnership ^ 3. Sole Owner ^ 4. Association ^ 5. Other DISCLOSURE QllESTIONS If additional space is necessary, please use the reverse side of this pa a or attach separate sheet. 1. State the names of each `employee" of the City of Carpus Christi having an "ownership interest" constituting 3% or mare 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 Corpus 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 ar officer of a "consultant" far the City of Cor~tis Christi who worked on any matter related to the sub,~ect of this contract and has an ownership interest" constituting 3% or mare of the ownership in the above named "firm." Name Consultant NIA EI~HIBIT "C" Pa elof2 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 si ned writing to the Cityty official employee or body that has been requested to act in the matter, unless the interest of~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)] CERTIFICATIQN I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld discIasure 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. Title: Vice President {Type or Rini] Signature of Certifying Date: C,~/ Person: ~~ DEFINITInNS 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 tha# is likely to afI'ec# an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect vn members of the public in general yr 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 far economic gain, whether professional, industrial ar commercial, and whether established to produce or deal with a product ^r service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stook company, joint venture, receivership ar trust, and entities which for purposes of taxation are treated as non-profit organiiatians. 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. f. "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 yr control established through voting trusts, proxies, ar special terms of venture or partnership agreements." g. "Consultant," Any person or fine, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. ExIIIi3IT «c„ Pa e z of ~