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HomeMy WebLinkAbout13 - Amendment No. 1 to Water Meter Reading Service AgreementQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 12, 2020 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mark Vukojevic, Utilities Director - 949-644-3011, mvukojevic@newportbeachca.gov PREPARED BY: Steffen Catron, Utilities Manager, scatron@newportbeachca.gov PHONE: 949-644-3011 TITLE: Approval of Amendment No. 1 to Water Meter Reading Service Agreement with Alexander's Contract Services ABSTRACT: The Utilities and Finance Department utilize a service provider to physically read the City's water meters. These water meters are manually read (in person) monthly or bimonthly by a contractor and the agreement expires on May 31, 2020. Utilities is requesting to amend and extend the current contract for water meter reading services with Alexanders Contract Services as the City implements and completes the Automated (Water) Meter Infrastructure project. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. 1 to the Service Agreement with Alexander's Contract Services for Water Meter Reading Services, with an additional $500,000 in contract compensation and a two-year contract extension, and authorize the Mayor and City Clerk to execute the agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this Agreement. The costs for services under this Agreement will be expensed to the Water Enterprise Fund program account in the Utilities Department, 7019052-811049. 13-1 Approval of Amendment No. 1 to Water Meter Reading Service Agreement with Alexander's Contract Services May 12, 2020 Page 2 DISCUSSION: The City contracts with a service provider for the manual water meter reading of the 26,000+ water meters throughout the City's water service boundary. 95% of the City's water meters are manually read in person by Alexander's Contract Services (Alexander's) on a monthly basis for California State mandated water usage reporting requirements and on a bi-monthly basis for billing purposes. Alexander's has provided this service to the City since 2010 when the City first contracted out meter reading services. Inconsideration of the upcoming phase-out of the service, the competitive existing pricing, and the current COVID-19 crisis, extending the current agreement is recommended by staff. As the City implements the Advanced Water Metering Infrastructure (AMI) project over the next two to three years, Alexander's services will gradually be phased out. As a manually read meter is replaced with an AMI meter, it will no longer need to be manually read by Alexander's. Over the next two years, this will decrease Alexander's quantities and the cost of the service will be proportionally reduced. There will be a meter reading and AMI overlap for quality assurance purposes. The first year of the contract use is estimated at 100% and the second year contract is estimated at 50%. When AMI is fully implemented, the annual savings equates to $325,000. As the AMI project nears completion at the end of this agreement term, another agreement amendment with Alexander's may be required or City staff will manually read any remaining meters. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Amendment No. 1 to Service Agreement with Alexander's Contract Services 13-2 ATTACHMENT A AMENDMENT NO. ONE TO SERVICE AGREEMENT WITH ALEXANDER'S CONTRACT SERVICES, INC. FOR WATER METER READING SERVICES THIS AMENDMENT NO. ONE TO SERVICE AGREEMENT ("Amendment No. One") is made and entered into as of this 12th day of May, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALEXANDER'S CONTRACT SERVICES, INC., a California corporation ("Contractor"), whose address is 8655 Morro Road, Suite C, Atascadero, California 93422, and is made with reference to the following: RECITALS A. On June 1, 2015, City and Contractor entered into a Professional Services Agreement ("Agreement") to engage Contractor to perform water meter reading services for City ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to May 31, 2022, to increase the total compensation, to update the Contractor's Project Manager's name, to update the City's Administration of the Agreement, and to update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on May 31, 2022, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be supplemented to include the 2020 Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. The 2020 Schedule of Billing Rates shall be effective as of June 1, 2020. Exhibit B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Million Six Thousand Six Hundred Dollars and 001100 ($2,006,600.00), without prior written amendment to the Agreement." Alexander's Contract Services, Inc. Page 1 13-3 The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Five Hundred Thousand Dollars and 001100 ($500,000.00). 3. PROJECT MANAGER Section 5.1 of the Agreement is amended in its entirety and replaced with the following: "5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Bill Van Wagoner to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel." 4. ADMINISTRATION Section 6 of the Agreement is amended in its entirety and replaced with the following: "This Agreement will be administered by the Utilities Department. City's Utilities Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement." 5. INSURANCE REQIREMENTS Exhibit C, "Insurance Requirements," Section 5(A), is amended in its entirety and replaced with the following.- "A. ollowing: "A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award." Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided Alexander's Contract Services, Inc. Page 2 13-4 through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time." 6. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Alexander's Contract Services, Inc. Page 3 13-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: y/Z C O ZO Aar& C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: Alexander's Contract Services, Inc., a California corporation Date: By: By: Leilani L Brown Mark T. Hibshman City Clerk Chief Executive Officer Date: By: Chris G. Molina Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit B — Schedule of Billing Rates Alexander's Contract Services, Inc. Page 4 13-6 EXHIBIT B SCHEDULE OF BILLING RATES 2020 Billing Rates — Water Meter Reading Services (Effective June 1, 2020) *Exact number of meters subject to change based on new work scheduled by the City. Alexander's Contract Services, Inc. Page B-1 13-7 Unit Price: Quantity*: Frequency: Annual Total: Monthly Meter, Reading _$1.02 27,000 12 times per year $330,480.00 *Exact number of meters subject to change based on new work scheduled by the City. Alexander's Contract Services, Inc. Page B-1 13-7