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HomeMy WebLinkAboutC2010-269 - 7/26/2010 - NAY Amendment No. 7 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, 2406 and administratively amended August 30, 2006 and administratively amended September 14, 2006, and administratively amended September 27, 2407 and an administrative amendment in process is amended as follows: Section I1. Scope of Services is amended to have Subsection O. Task 15 read: II. SCOPE OF SERVICES P. Task 16 - BODITSS Surcharge Wastewater Rate Update The Consultant will complete the following tasks: Task 1 -Determine BODITSS Expenses Consultant wilt work closely with City staff to determine the cost of BODITSS removal for each treatment plant. This will be accomplished by assigning treatment plant level costs contained in recent budget data to activities involving the removal of both BOD and TSS. Staff assistance will be required to help determine and allocated the capital and operating costs associated with flow, BOD and TSS. These allocated costs will then be divided by the pounds of BOD and TSS treated at each treatment plant (determined from VWVTP influent sampling data and influent volume). This will allow Consultant to de#ermine the cast per pound to treat BOD and TSS during the treatment process and set rates appropriately. Consultant will examine three years of plant flows and concentration data to ascertain what might be the relevant cost and loadings basis for the charge. Task 2 -Determine Volume of BODIT5S From Current High Strength Customers Using customer sampling data from current high strength customers, Consultant will determine the amount of current BOD and TSS in pounds subject to the BODITSS surcharge. This will be determined at a high-level (all customers combined) and not on a customer by customer basis. This information, coupled with the recommended charge per pound of constituen#, will be used to assess potential high-strength wastewater charge revenue. Task 3 -Develop Rate Model and Update BODITSS Surcharge Using data developed in Tasks 1 and 2 above, Consultant will develop the analysis to be integrated into the City's existing rate model, so that the assessment can be more readily updated from time to time.. Task 4 -Assess Differences Between CONSULTANT Report and Prior Black & Veatch Report Consultan# will provide a brief summary of the differences in approach (if any} and the impacts on the calcula#ed surcharge from using the Consultant methodology versus the methodology used in the previous study completed by Black & Veatch. Task 5 -Reporting Consultant will prepare a report summarizing the above tasks. Consultant will provide the City with the following deliverables: Five (5) copies of a draft technical memorandum • Five (5} copies of a final technical memorandum Task 6 -- Coordination Consultant will provide close coordina#ion with the City through regular telephone and a-mail -----~-~-~~-~""` '~` `~'-~~+~-+n, Consultant will conduct up to three meetings with City staff and a 20t.0-269incil. a~~a~~~o HDR Engineering Page 1~~}~~~ The City will provide the following data items, to the extent available, to the Consultant to allow them to complete this study. Prompt receipt of these items will help to ensure a timely delivery of the final report. • Annual influent volume by wastewater treatment plant for the previous three fiscal years. • Influent sampling da#a including BOD and T55 concentrations at each wastewater treatment plant for the previous three fiscal years. • List of current high strength customers. • For each high-strength customer, sampled TSS and BOD concentrations for the previous three fiscal years (representative aggregated numbers would suffice for Sam Kane). • Consultant already has water use data through the end of FY09. If more recent sampling data is available, additional water use data may be required. • Copy of current high strength ordinance. 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 $533,790.00. 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 and an Amendment No. 6 fee of $21,332.00 and an Amendment No. 7 fee of $27,768.00. 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 white 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 sen+ices 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 accep#ed 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. 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. Billing for 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. Billing for services provided as part of Amendment No. 7 will be a not exceed fee 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 $1,565.00. Page 2 of 4 The fee and expenses for Amendment 7 will nvt be exceeded unless authorized by an amendment to this contract and evidenced in writing as an amendment. Any additional services can be provided an a per diem basis at the hourly rates as set by Exhibit A-7, Figure 1. Exhibit A-7, Table 1 illustrates the proposed budget by Task and expenses. Exhibit A-7, Figure 1 illustrates the anticipated schedule for completion of Task and delivery of the final report. Consultant will submit monthly statements far 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 ra#e 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 IPro'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 reduction 8,060 Subcontractor Ex ense (Collier, Johnson & Woods 20,000 Ori final Contrac# Total $255,790 Amendment Nc. 1 K. Task 11 -Resolution of Customer Billin Data 24,500 Amendmen# No. 1 Total 24,500 Amendment Na, 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 lamentation of Gas Marketin Strata ies TBA Amendment No. 2 Total $24,000 Amendment Na. 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 )amen#ation of Gas Marketin Strata ies 10,000 Amendment No. 3 Total $36,000 Amendment No. 4 M. Task 13 -Additional Coordination Meetin s 44,400 Amendmen# No. 4 Total $44,400 N. Amendment No. 5 Page 3 of 4 Task 14 - On Call Services $100,000 Amendmen# No. 5 Total $100,000 O. Amendment No. 6 Task 15 -Blended Water Rate Anal sis 21,332 Amendment No. 6 Total 21,332 P. Amendment No. 7 Task 16 - BODITSS Surchar a Wastewater Rate U date 27,768 Amendment No. 7 Total 27,768 Amended Total $533,790 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= C PU CHRISTI ENGINEERING, iN By: r ~~ ~ ~ l° By: , ~ ~~ Johnny P roles, P.E. Date Carl E. Crull, P.E. Date Assistant City Manager Vice President ATTEST: ~~~ Armando Chapa Date City Secretary RECOMMENDED: ~Qy ~ Pete Anaya, P.E. ate Director of Engineering ~` r~~ ~ Foster Crowell ate Director or Wastewater Services APP OVED AS O FORM: G / ~ J~ Veronica Ocanas Date Assistan City Attorney ~~~Yo~f~-F~lj Page 4 of 4 Exi~ibit A-7 TABLE 1 PROPOSED BUDGET CITY OF CORPUS CHRISTI HIGH STRENGTH WASTEWATER RATE UPDATE A. LABOR EXPENSES Total Senior Financial Activity P. Principle P. Manager Analyst Total Hours Cost .Task 1 -Determine BODIT55 Expenses 9.6 18.0 4.0 24.0 $ 3,992 :Task 2 -Determine Volume of BODITSS From Current Customers 2.0 ; 8.0 2A 12.0 ' $ 1,996 Task 3 -Develop Rate Model and Update BODlTSS Surcharge B.0 48.0 $.D 64.0 $ 10,137 -Task 4 -Assess Differences Between HDR -Report and B&V Report 2.D , 8.0 ; 2.0 12.0 ' $ 1,998 Task 5- Reporting 4 0 '. ,.. 16.0: . 2.0 22.0 ; . $ 3,557 Task 6 -Coordination 8.0 ' 16.0 ' 2.D 26.6 $ 4,525 Tokal Labor Hours': 28.0. 112.0 20.D 180.fl ~'~ Loaded Labor Rate per Hour: $ 242 $ 135 ' $ 218 Total Labor Expense $ 6,779 $ 15,068 $ 4,356 ,,,._._. $ 2$,203 B. NON-LABOR EXPENSES Un it Total Item Quankiiy Price Cost Mileage ~~ ~ ~ 1406` miles ` $ 0.50 per mile $ 709 Per Diem 3 days $ 90 per day $ 270 Technology Charge 160.6 hours $ 3.72. per hour $ 585 . Total Non-Labor Expenses $ 1,Sfi5 C, TOTAL TASK BUDGET $ 27,768 If notice to proceed is given by July 1St, it is anticipated #hat a final report could be delivered to the City by September 15th. Date of the final report is dependent on prompt receipt of the data rec{uested above. Exhibit A-7 Page 9 of 2 Exhibi# A-7 Figure 1 Anticipated Study Scheduie ~o~a Activities July August September Notice to Proceed X Task 1 -Determine BODlTSS Expenses Task Z - Retermine Volume of BODITSS From Current Customers -? Task 3 - Detielop Rate Model and Update BOD/T55 Surcharge ' ~ , ` ' Task a -Assess Differences Between HDR Report and BS~V Report Task 5 -Reporting Task 6 -Coordination - 5ugmit draft report X City reNew of draft Submit Final Report Meeting5lPresentations A. B X C A -Regular coordination meeting B -Model workshop C -City Staf€ or Council Presentation Exhibit A-7 Page 2 of 2 SUPPLIER NUMBER '~ TO BE AS5IGNED BYZTT~ PURCHASING DIVISION ~rrir City of CITY OF CORPUS CHRISTI corpus DISCLOSURE QF INTEREST Christi. City of Carpus Christi Ordinance 17112, as amended, rewires all persons ar firms seeking to da business with the City to pprovide the following infarmatlon. Every qquestion must be answered. If the question is not ap~llcable, answer with "NA". See reverse side for Filing Requirements, Certifications and defintt~ons. COMPANY NAME: /7lpR G``.~1-'s~II~'C}--arlG}. ~G P. O. BOX: STREET ADDRESS: r-~-~N~.~~~~~~~~ CITY: C~Y~,,,~G~y,i Sti i~ Z~: 7~`~ FIRM IS: 1. Corporation ~ 2. Partnership ^ 3. Sole Owner ^ 4. Assaciatian 5. Other DISCLOSURE QUESTIONS 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 Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City ~~ Department (if known) /U 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% ar mare of the ownership in the above named "firm." Name Title 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 Beard, Commission or ~~~ Committee 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 i ~ 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 City official, employee or body that has bean 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)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 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: Cmv~! f, Cru // Title: ~•~~ P~~s ~ ~~ ~~- (Type or Frint) . , . .... ... .. ......._....-- Signature of Certifying ~'~~z-G ~ Date: Person: DEFINITIONS G~z/ a. "Board member," A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an affect 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 eithar on a full or part-time basis, but not as an independent contractor. d. ")~ irm." 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 limitad to, entities operated in the form of sale 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. "Official." The Mayor, rnembars of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court .fudges 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 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.