HomeMy WebLinkAbout13214RESOLUTION NO. 13214
A RESOLUTION APPROVING A CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND RAFTELIS FINANCIAL CONSULTANTS, INC. TO
PROVIDE UTILITY RATE CONSULTING SERVICES FOR
THE PUEBLO WASTEWATER DEPARTMENT AND
NAMING RAFTELIS FINANCIAL CONSULTANTS, INC. AS
THE RATE CONSULTANT OF RECORD
WHEREAS, Statements of Qualifications for Utility Rate Consulting services
were requested and received; and
WHEREAS, a committee was formed to evaluate these qualifications; and
WHEREAS, the committee selected Raftelis Financial Consultants, Inc. as the
most qualified to serve the Pueblo Wastewater Department; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract for Professional Services by and between Pueblo, a Municipal
Corporation, and Raftelis Financial Consultants, Inc., a true copy of which is attached
hereto and incorporated herein by reference (the “Contract”) having been approved as
to form by the City Attorney, is hereby approved.
SECTION 2.
Work performed under this contract may include, but is not limited to, the
following items:
1. Review sanitary sewer rates and fees
2. Develop recommendations and schedules for revising wastewater rates and
fees to assure the ability of such rates and fees to support the cost of
wastewater service
3. Develop and maintain a model to assist the City in forecasting rate and fee
changes
4. Assist the City in securing financing for wastewater projects
SECTION 3.
The President of City Council is hereby authorized to execute the Contract in the
name and on behalf of the City and the City Clerk is directed to affix the seal of the City
thereto and attest same.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached contract to
effectuate the transactions described therein.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: April 27, 2015
BY: Dennis Flores
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: April 27, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
From: Gene Michael, Wastewater Director
SUBJECT:
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND RAFTELIS FINANCIAL
CONSULTANTS, INC. TO PROVIDE UTILITY RATE CONSULTING
SERVICES FOR THE PUEBLO WASTEWATER DEPARTMENT AND
NAMING RAFTELIS FINANCIAL CONSULTANTS, INC. AS THE RATE
CONSULTANT OF RECORD
SUMMARY:
Attached is a Resolution accepting a contract between the City of Pueblo and Raftelis
Financial Consultants, Inc for professional services associated with providing sanitary
sewer rate consulting.
PREVIOUS COUNCIL ACTION
:
None
BACKGROUND
:
As an enterprise of the City of Pueblo, the Wastewater Department operates the James
R. DiIorio Water Reclamation Facility and the associated sanitary sewer collection
system. Operating and maintaining the infrastructure of these facilities entails
increasing costs and, as an enterprise, the Wastewater Department is obligated to
collect sufficient funds through its rates and fees to pay for its operations. Section 16-7-
9 of the Pueblo Municipal Code requires biennial review of sanitary sewer rates and
fees. The attached contract establishes a long-term agreement between the City and
Raftelis Financial Consultants, Inc., to provide professional utility rate consulting
services to fulfill these obligations.
Qualification statements were received from two firms. Raftelis Financial Consultants,
Inc. was judged to be the firm best qualified to provide the required services.
FINANCIAL IMPLICATIONS
:
Funds for the professional services related to the rate review are available from the
Sewer User Fund.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
Not applicable
ALTERNATIVES
:
Not applicable. The Municipal Code requires that sanitary sewer rates be reviewed no
less often than every two years. Raftelis Financial Consultants, Inc. was selected as
the City’s Wastewater Rate Consultant of Record through a competitive bid process.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
: A copy of the contract with Raftelis Financial Consultants, Inc..
CONTRACT
THIS CONTRACT entered into as of April 27th, 2015 between the City of Pueblo, a municipal
corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City") and Raftelis Financial Consultants,
Inc., 1031 South Caldwell Street, Suite 100, Charlotte, NC 28203 (the "Consultant"), WITNESSETH:
Recitals
A. The City owns and operates the wastewater utility enterprise, including the James R. Dilorio
Water Reclamation Facility("WRF") and the sanitary sewer collection system connected
thereto. The City solicited competitive proposals for review of existing utility rates and fees
and recommendations for such appropriate modifications to those rates and fees as may be
required to sustain the operation of the WRF and the sanitary sewer collection system
adequately in the long term ("Request For Proposals").
B. Consultant submitted in response to the Request For Proposals its statement of qualification
and experience for utility rate consulting and planning services ("Response").
C. City has evaluated all Responses submitted and has determined to select Consultant to
provide utility rate consulting and finance consulting services to the wastewater utility.
NOW,THEREFORE, in consideration of the foregoing Recitals and mutual covenants, City and
Consultant agree as follows:
1. Engagement
(a) City engages Consultant and Consultant accepts such engagement to perform
the services set forth in this Contract and in the attached Standard Form of
Agreement For Professional Consulting Services ("Standard Form of
Agreement") with respect to the following anticipated tasks or projects (the
"Projects").
(1) Reviewing and updating sanitary sewer rates and fees as required by
Section 16-7-9 of the Municipal Code;
(2) Assisting City staff in developing a realistic and workable Capital
Improvement Program (CIP), including;
a. Identifying projects necessary to maintain and/or expand the
capacity of wastewater collection and treatment facilities;
b. Assisting City staff in developing recommendations for financing
infrastructure improvements and pretreatment program
requirements; and
c. Assisting City staff in presenting recommendations on wastewater
rates to the City Council;
(3) Supporting the City in securing financing for required construction by
providing engineering cost estimates and technical information for loan or
bond documentation; and
(4) Carrying out other projects as required related to rates and fees for the
wastewater utility
(b) City may in its sole discretion undertake any of the anticipated Projects
enumerated above, or other projects that the City deems necessary. Upon
written direction from City, the Consultant shall complete and deliver to City the
Standard Form of Agreement for any of the Projects as specified by City.
(c) Consultant shall prepare and submit with the Standard Form of Agreement for
each specified Project, Exhibit 1—Scope of Services, Exhibit 2—Project
Schedule, Exhibit 3—Identification of Personnel, Subcontractors and Task
Responsibility.
(d) Within a reasonable time after receipt of the Standard Form of Agreement and
Exhibits, City will review same, perform appropriate cost and fee comparisons
and analysis, and advise Consultant if the Standard Form of Agreement and
Appendixes are acceptable to City, or which modifications or changes City
requests with respect thereto.
(e) After mutual approval of the terms and provisions of the Standard Form of
Agreement and Appendixes, City will submit same to City Council of City for
approval.
2. Term. This Contract is for a term commencing April 27, 2015 and ending December
31, 2018, with two optional two (2)-year extensions. This Contract may be
terminated by either party at any time, without cause or liability, upon ninety(90)
days prior written notice given to the other party specifying the date of termination,
provided, however, that the termination of this Contract shall not terminate or be
deemed to terminate any then existing Standard Form of Agreement executed by
and between the parties with respect to any specified Project.
3. General Covenants. Consultant covenants that it is:
a. Competent and qualified to perform and will perform the services and work
contemplated by this Contract and the Standard Form of Agreement in a
professional manner to the satisfaction of City.
b. Familiar with the regulations and requirements of the Federal Clean Water
Act ("CWA") and the Colorado Water Pollution Control Act("CWPCA") with
respect to the services and work contemplated by this Contract and
Standard Form of Agreement and will perform such services and work in
compliance therewith.
4. Records and Database. Consultant shall maintain a cost accounting system
acceptable to City. The City, or any of their duly authorized representatives, shall
have access to any books, documents, papers and records of the Consultant which
are directly pertinent or relate to this Contract or any Standard Form of Agreement
for a specified Project, for the purpose of making audit, examination, inspection,
excerpts, and transcriptions. The Consultant shall maintain such records for three
years after City makes final payments to Consultant and all pending matters are
closed. Consultant shall prepare and maintain an electronic database that
accurately represents all existing and future civil infrastructure for all Projects
completed under this Contract and any Standard Form of Agreement for a specified
Project.
5. Specific Covenants. Consultant covenants that, during the performance of this
Contract and any Standard Form of Agreement for a specified Project, Consultant
will:
a. Comply with all federal statutes and regulations relating to
nondiscrimination in federally assisted programs including without
limitation Title VI of the Civil Rights Act of 1964(P.L. 88-352, Department of
Transportation Regulation 49 CFR Part 21, and Executive Order 11246
entitled "Equal Employment Opportunity," as amended by Executive Order
11375 and as supplemented in the Department of Labor regulations 41 CFR
Part 60.
b. Comply with the State of Colorado's Requirements for State Revolving Fund
Loan Projects.
c. Comply with all other applicable federal, state and local laws and
regulations.
6. Rights to Inventions. All rights to inventions and materials generated under this
Contract or any Standard Form of Agreement for a specified Project shall be the
property of the City. Consultant shall retain sole ownership of pre-existing
proprietary property including but not limited to computer programs, software and
models.
7. Insurance and Indemnity.
a. Consultant agrees that it has procured and will maintain during the term of
this Agreement, such insurance as will protect it and City from claims under
workers' compensation acts, claims for damages because of bodily injury
including personal injury, sickness or disease or death of any of its
employees or of any person other than its employees and from claims or
damages because of injury to or destruction of property including loss of
use resulting therefrom; and such insurance will provide for coverage in
such amounts as set forth in subparagraph (b).
b. The minimum insurance coverage which Consultant shall obtain and keep in
force is as follows:
i. Workers' Compensation Insurance complying with statutory
requirements in Colorado and in any other state or states where the
work is performed. The Workers' Compensation Insurance policy
shall contain an endorsement waiving subrogation against the
Client.
ii. Commercial General Liability Insurance. The Consultant shall secure
and maintain during the period of this agreement/contract and for
such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the
liability of the contractor with respect to all work performed by him
and all his subcontractors under the agreement/ contract, to be
written on a comprehensive policy form. This insurance shall be
written in amounts not less than $1,000,000 for each occurrence
and aggregate for personal injury including death and bodily injury
and $1,000,000 for each occurrence and aggregate for property
damage. This policy of insurance shall name the City of Pueblo, its
agents, officers and employees as additional insureds. This policy
shall have all necessary endorsements to provide coverage without
exclusion for explosion and collapse hazards, underground property
damage hazard, blanket contractual coverage, as well as Owner's
and Contractor's Protective Liability (OCP) coverage. The policy
shall also provide coverage for contractual liability assumed by
Contractor under the provisions of the Agreement/Contract, and
"Completed Operations and Projects Liability" coverage.
iii. Professional Liability Insurance with coverage of not less than
$1,000,000, and with a deductible of not more than $ 5,000.
iv. Comprehensive Automobile Liability Insurance. The Consultant
shall procure and maintain during the period of the
agreement/contract and for such additional time as work on the
project is being performed, Comprehensive Automobile Liability
Insurance. This insurance shall be written with limits of liability for
and injury to one person in any single occurrence of not less than
$350,000 and for any injury to two or more persons in any single
occurrence of not less than $1.000,000. This insurance shall include
uninsured/underinsured motorist coverage and shall protect the
Consultant from any and all claims arising from the use both on and
off the site of the project of automobiles, trucks, tractors, backhoes
and similar equipment whether owned, leased, hired or used by
Consultant.
c. Consultant shall furnish to City a certificate or certificates of insurance
showing compliance with this section 7. The certificates shall provide that
the insurance shall not be changed or cancelled until after ten (10)days
written notice has been given to City. Consultant shall immediately notify
City of any substantial change in, or cancellation, or non-renewal of any
such insurance.
d. Consultant agrees to hold harmless, defend and indemnify City from and
against any liability to third parties, arising out of negligent acts, errors or
omissions of Consultant, its employees, subcontractors and consultants.
8. Certifications. Consultant certifies that:
a. Neither Consultant nor any of its principals are presently, or at the time of
execution of any Standard Form of Agreement or a specified Project will be,
debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this Contract or in any such
subsequent Standard Form of Agreement for a specified Project by any
Federal department or agency. Consultant will include this clause in all
lower tier transactions, solicitations, proposals, contracts, and subcontracts.
b. Consultant is not owned or controlled by one or more citizens of foreign
country included in the list of countries that discriminate against U.S. firms
published by the Office of the United States Trade Representatives and that
it will comply with the Department of Transportation trade restriction
regulations 49 CFR Part 30. Consultant will include this clause and other
clauses required by said trade restriction regulations in all lower tier
transactions, solicitations, proposals,contracts and subcontracts.
9. Notices. Any notice required or permitted by this Contract shall be in writing and
may be served personally or mailed by first-class mail, postage prepaid, addressed
to the party at its address shown on the first page hereof, and if to the City, a copy
of thereof shall be given to Gene Michael,Wastewater Director, 1300 S.Queens
Ave., Pueblo, Colorado, 81001. Either party may change addresses upon written
notice given to the other party specifying the changed address.
10. Financial Obligations of City. All financial obligations of the City under this Contract
in any subsequent fiscal year of City are subject to and contingent upon funds being
specifically budgeted and appropriated for such purposes.
11. Miscellaneous.
a. This Contract shall be governed and interpreted in accordance with the laws
of the State of Colorado.
b. In the event of any litigation arising out of this Contract, the court shall
award to the prevailing party its costs and reasonable attorney fees. Venue
for any such litigation shall be Pueblo County, Colorado.
c. This Contract contains the entire agreement between the City and
Consultant and incorporates all prior written and oral understandings and
agreements between the parties.
d. This Contract may only be modified or amended by written instrument
signed by both City and Consultant.
e. This Contract shall be binding upon and inure to the benefit of City and
Consultant and their respective successors and assign, provided, however,
Consultant shall not assign this Contract or any interest herein without the
prior written consent of City.
Executed the day and year first above written.
CITY OF PUEBLO,A MUNICIPAL CORPORATIO
Allr°1°." .
By — - —
Ste_
President of the City Council
Attest: A,....,c,_
�4-I,
City Clerk
APPROVED AS TO FORM:
Gt. '•:k4 - . � (D��-e_F
City Attorney
RAFT LI FI NCIH OnTAN INC. /)
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