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HomeMy WebLinkAboutBlack and Veatch Corporation-2013-04 a - 2oi3 iy AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Black and Veatch Corporation Sewer user Billing System Review and Ordinance Revision THIS AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ("Amendment")is made and entered into this_day of April 0111,2013,a(" lutive Date") k and Veatch) y and between the CITY OF GRAND TERRACE("City"), publicentity, Corporation("Professional"). RECITALS WHEREAS,on or about May 24,2011,City and Professional entered into a Professional Services Agreement("Agreement")for sewer user billing system review and ordinance revision; WHEREAS,in the process of providing the aforementioned services under the Agreement,City and Professional discovered that additional services were required regarding the City's need to reach a mutually beneficial wastewater treatment agreement with the City of Colton;and WHEREAS,City and Professional wish to amend the Agreement to provide for the additional scope of services. NOW THEREFORE,City and Contractor agree as follows: A. Scope of Services. Section "1" of the Agreement is hereby amended to add an additional Scope of Services which is included in the correspondence dated January 21, 2013 from Professional to Richard Shields and attached hereto as Exhibit"A." B. Term. Section'2"of the Agreement is hereby amended to read as follows: This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A"Scope of Services and the Agreement shall remain in effect until December 31,2013,unless otherwise terminated pursuant to the provisions herein. C. Compensation/Payment. Section "3" of the Agreement is hereby amended to read as follows: Professional shall perform the Services under this Agreement and the Amendment thereto, with an additional scope of services, for the total sum not to exceed Fifty Two thousand dollars ($52,000). Payment shall be made in accordance with City's usual accountingprocedures pponreceipt and approval of an itemized invoke setting forth the services performed. The invoices chill be delivered to City at the address set forth in Section"4" of the Agreement In the event City disputes any invoice item, City shall give Professional written notice of such disputed item within 10 days after receipt of such invoice and shall pay to professional the undisputed portion of the invoice according to the provisions of the Agreement V If a City fails to pay any invoiced amounts when due,interest will accrue on each unpaid amount at the rate of twelve percent per annum,or the maximum amount allowed by law if less,from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in City's favor.Notwithstanding any other provision of this Agreement,Professional is under no obligation to submit any deliverable if any invoice is more than 45 days outstanding. D. Remaining Provision of Agreement. All other terms,conditions,and provisions of the Agreement,to the extent not modified with this Amendment,shall remain in fill force and effect. IN WITNESS WHEREOF City and Professional have caused this Amendment to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A public body ,� /f� � By: i %/Eik/ii"V Adams PROFESSIONAL City Manager Black&Veatch Corporation Att Tracey h rttnez By: City Clerk ��/ AO � ,A „ Joy D.Johnson APPROVED RM: (Vice President) By: Richard L.Adams II City Attorney 5.3 19 2 110 Exhibit"A" it, BLACK&VEATCH BLACK&VEATCH CORPORATION �/ Building a world of difference: BOO WILSHIRE BIND.SUITE 600,10S ANGELES,CA 90017 +1407-009-1885 I KERSTENIR@BV.COM 21 January 2013 Mr.Richard Shields Public Works Director City of Grand Terrace 22795 Barton Road Grand Terrace,CA 92313 Subject: Sewer User Billing System Review and Ordinance Review Dear Mr.Shields: With ongoing discussions regarding the treatment contract and costs with the City of Colton,we have prepared the enclosed scope of services to provide the City of Grand Terrace("City")with additional services on an as-needed basis.The goal of the services will be to assist the City in reaching a mutually beneficial wastewater treatment agreement with the City of Colton. We understand that the City of Grand Terrace is engaging Black&Veatch Corporation(Black& Veatch or B&V)for provision of the services set forth herein("Services").The purpose of this letter is to confirm the engagement of Black&Veatch for the provision of the Services. 1. Engagement of Black&Veatch.By its acceptance of this letter,the City hereby engages Black&Veatch as the provider of the Services on the terms and subject to the conditions set forth below. This engagement of Black&Veatch shall be for a period commencing on January 21, 2013(from which date this letter agreement shall be deemed to be effective)and unless extended by mutual agreement of the City and Black&Veatch,ending on December 31, 2013,unless terminated earlier by the City,with or without cause,by written notice to that effect from the City to Black&Watch. 2. Services to be rendered by Black&Veatch.Black&Veatch will provide the following services to the City. a. Black&Veatch will assist the City with language for a new wastewater treatment agreement between the City and the City of Colton.The wastewater agreement will incorporate both sewer service charges and capacity fees (connection fees). b. Black&Veatch will conduct a financial analysis on the City of Colton s rate _..model to determine an adequate sewer service charge. c. Black&Veatch will attend meeting with City staff,City Council,City of Colton and other stakeholders deemed appropriate by staff to discuss the the treatment agreement and fees. N 21 JANUARY 2013 I PAGE 2 3. Assumptions.The specified scope of services,timeline and fee estimates are based on the key assumptions listed below and throughout the proposal: a. The scope of services presented above will be provided on a time and material basis and will be completed by Calendar Year 2013. b. The City has requested that the execution of the Services be performed as part of the Sewer User Billing System Review and Ordinance Review study. 4. Fees and Expenses.For the Services,City will pay Black&Veatch the following fees: a. The Services above will be performed on a time and matrial basis based on the following billing schedule. Title,Pe NonaI Billing Rate (5/hr) Director,Mn Bui $230 Manager,Alberto Morales $185 5. Black&Veatch warrants that it shall perform the Services as an addendum and in accordance with the Professional Services Agreement between the City and Black& Veatch executed on May 24 t,2011. We are pleased to proceed with this engagement If the foregoing is in accordance with your understanding,please indicate your agreement to the above terms and conditions by signing the enclosed copy of this letter agreement and returning it to us. Very truly yours, BLACK&VEATCH CORPORATION By: John It Kersten Vice President,Black&Veatch Corporation The foregoing is in accordance with our understanding and is accepted and 2013 agreed to by us this_day of City of Grand Terrace By: Its: - 411110 S of T-d de/3 - 604) " .4 May 21, 2013 Alberto Morales Black &Veatch 11401 Lamar Avenue Overland Park, KS 66211 Re: Amendment to Professional Agreement Dear Mr. Morales: Enclosed for your files is a fully executed Agreement between the City of Grand Terrace and Black & Veatch Corporation. This Agreement was approved by the City Council at their regular meeting of April 23, 2013. If you have any questions, please contact me at 909 430-2230 or by email at tmartinez a(�citvoforandterrace.orq. Sincerely, w4P. ` aC�X/ Tracnez City Clerk Enclosure Civic Center, 22795 Barton Road, Grand Terrace, California, 92313-5295 (909) 824-6621 Fax (909) 783-7629 or (909) 783-2600 V 111BLACK&VEATCH BLACK&VEATCH CORPORATION , Building a world of difference: 11401 LAMAR AVENUE,OVERLAND PARK,K5 66211 +1913-458-3158 I DUCKMD@BV.COM 6 May 2013 RECEIVED Richard Shields,CBO Community Development Director MAY 07 2013 22795 Barton Road Grand Terrace,CA 92313 DEPT OF BUILDING SAFETY Re: Amendment to Professional Services Agreement Dear Mr.Shields: Enclosed please find two sets of the legal document mentioned above between the City of Grand Terrace and Black&Veatch Corporation. Please return a fully executed agreement to me for our corporate files. If you should have questions,or require further information,please do not hesitate to contact me at 913-458-3158. Very truly yours, BLACK&VEATCH CORPORATION fiD Michelle D.Duck Administrative Support EncIosurelsl cc: Alberto Morales Sent via Federal Express-Standard www by m