CA\DD\02000.50105\10005846.1 (CITY ATTY: 01-14)
THIRD AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
HONEYCUTT CONSULTING GROUP, LLC, DBA METERSYS
(AMI METER REPLACEMENT TECHNOLOGY MASTER PLAN SERVICE)
1. PARTIES AND DATE.
This Third Amendment to the Professional Services Agreement (“Third Amendment”) is made and entered into this ____________ day of ___________________, 2023 by and between the City of Corona (“City”) and Honeycutt Consulting Group, LLC, DBA MeterSYS, a North Carolina limited liability company (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Third Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated November 3, 2021 (“Agreement”), whereby Consultant agreed to provide professional metering technology master plan consulting services.
2.2 Prior Amendments. City and Consultant entered into that certain First Amendment to the Professional Services Agreement on or about September 14, 2022 (“First Amendment”). City and Consultant entered into that certain Second Amendment to the Professional Services Agreement on or about July 31, 2023 (“Second Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the third time to (1) extend the Term of the Agreement through June 30, 2024; (2) increase the total compensation by $ 40,969.47 to account for added services; (3) replace Exhibit “A” (Scope of Services) with Exhibit “A-1” (Scope of Services); (4) replace Exhibit “B” (Schedule of Services) with Exhibit “B-1” (Schedule of Services).and (5) replace Exhibit “C” (Compensation) with Exhibit “C-1” (Compensation).
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement, as amended by the Second Amendment, is hereby deleted in its entirety and replaced with the following:
“3.1.2 Term. The term of this Agreement shall be from
November 3, 2021, to June 30, 2024 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section
3.6.8 below (each a “Renewal Term”). The terms “Term” and DocuSign Envelope ID: 21FEBF7B-8211-412D-935A-C373F5F8B8A1 DocuSign Envelope ID: 14C632E0-E107-44D7-850A-8D43AE32A988 DocuSign Envelope ID: 7FC372CC-D56F-4A87-8FAF-CC48D598E495 CA\DD\02000.50105\10005846.1 2 (CITY ATTY: 01-14)
“Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
3.2 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) and Exhibit “C” (Compensation) of the Agreement, as amended by the Second Amendment, are hereby deleted in their entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. Consultant shall
receive compensation, including authorized reimbursements for all Services rendered under this Agreement at the rates set forth in Exhibit “C-1” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Hundred, Twenty-Five Thousand, Five Hundred and Ninety-Three Dollars and Zero Cents ($125,593.00) (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Exhibit “A-1”. Exhibit “A” (“Scope of Services”) of the Agreement is hereby deleted in its entirety and replaced with Exhibit “A-1” (“Scope of Services”) attached hereto and incorporated herein by reference.
3.4 Exhibit “B-1”. Exhibit “B” (“Schedule of Services”) of the Agreement is hereby deleted in its entirety and replaced with Exhibit “B-1” (“Schedule of Services”) attached hereto and incorporated herein by reference.
3.5 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Third Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third Amendment.
3.6 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Amendment.
3.7 Counterparts. This Third Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 21FEBF7B-8211-412D-935A-C373F5F8B8A1 DocuSign Envelope ID: 14C632E0-E107-44D7-850A-8D43AE32A988 DocuSign Envelope ID: 7FC372CC-D56F-4A87-8FAF-CC48D598E495 CA\DD\02000.50105\10005846.1 3 (CITY ATTY: 01-14)
CITY’S SIGNATURE PAGE
FOR
THIRD AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND HONEYCUTT CONSULTING GROUP, LLC, DBA METERSYS
(AMI METER REPLACEMENT TECHNOLOGY MASTER PLAN SERVICE)
IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Tom Moody
Director of Utilities
Reviewed By: _________________________
Katie Hockett
Assistant Director of Utilities
Reviewed By: _________________________
Jacqueline Zukeran
Utility Billing & Administration Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk
DocuSign Envelope ID: 21FEBF7B-8211-412D-935A-C373F5F8B8A1 DocuSign Envelope ID: 14C632E0-E107-44D7-850A-8D43AE32A988 DocuSign Envelope ID: 7FC372CC-D56F-4A87-8FAF-CC48D598E495 CA\DD\02000.50105\10005846.1 4 (CITY ATTY: 01-14)
CONSULTANT’S SIGNATURE PAGE
FOR
THIRD AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND HONEYCUTT CONSULTING GROUP, LLC, DBA METERSYS
(AMI METER REPLACEMENT TECHNOLOGY MASTER PLAN SERVICE)
IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
METERSYS
a North Carolina limited liability company
By: _________________________
Andy Honeycutt
Managing Director
Review By: _________________________
Lauren Brown
Vice President, Chief Projects Officer
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EXHIBIT “A-1”
SCOPE OF SERVICES
Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional meter replacement and consulting services necessary for the Project. The Services are more particularly described herein.
DocuSign Envelope ID: 21FEBF7B-8211-412D-935A-C373F5F8B8A1 DocuSign Envelope ID: 14C632E0-E107-44D7-850A-8D43AE32A988 DocuSign Envelope ID: 7FC372CC-D56F-4A87-8FAF-CC48D598E495 CA\DD\02000.50105\10005846.1 6 (BB&K: 9-10)
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ADD SERVICE 1: Phase 2 Add-On:
The City engaged Consultant to guide the procurement process for AMI solution selection. The initial task order anticipated a 4-month project, whereby tasks are valued at their hourly effort.
Due to the City’s successful pursuit of grant funding, the AMI project timeline shifted to accommodate the grant proposal. The breakdown of effort to support the time and requested PO increase is as follows.
Milestone Key Tasks Est. Hours
Grant Support
Develop AMI cost estimates; provide
proposal content; participate in meetings
with City’s grant administrator
6 NIB Bid
Development
Create NIB for labor component of AMI
implementation; support City in DIR request;
coordinate with City procurement on
inclusion of grant requirements in bid
documents
10 AMI RFP Time
Extension
Develop bid requirements; work with City
project team including procurement on bid
packet publication, advertisement, and
vendor management; conduct additional
meetings with City selection committee to
support vendor bid evaluation and grading;
time extension to accommodate additional
meetings, time spent developing extra
content
30 ADD SERVICE 2: Phase 2 Add-On:
Phase 2: AMI Technology Procurement
Planning and Vendor Bid Solicitation
Deliverables
1.1 RFP Achieving Best Value for AMI Solution -
Negotiation and Contracting
Completed Contractual Packet Compliant with RFP
Requirements
1.2 AMI Installation Technical Requirements
Development - Procurement (NIB) Draft NIB Procurement Document DocuSign Envelope ID: 21FEBF7B-8211-412D-935A-C373F5F8B8A1 DocuSign Envelope ID: 14C632E0-E107-44D7-850A-8D43AE32A988 DocuSign Envelope ID: 7FC372CC-D56F-4A87-8FAF-CC48D598E495 CA\DD\02000.50105\10005846.1
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1.3 Installation Solicitation and Process
Management Issued NIB and Addenda
1.4 AMI Installation Solution Bid Review
Solicitation Selection Matrix; Procurement WorkbookNIB
1.5 Establishing Detailed AMI Installation
Vendor Accountabilities
Vendor/City Contract Terms and Conditions Quality
Review-NIB
1.6 Finalizing Engagement Documents with
Selected AMI Installation Vendor
Vendor Contract Documents Finalization for
Department Approval as Required -NIB
DocuSign Envelope ID: 21FEBF7B-8211-412D-935A-C373F5F8B8A1 DocuSign Envelope ID: 14C632E0-E107-44D7-850A-8D43AE32A988 DocuSign Envelope ID: 7FC372CC-D56F-4A87-8FAF-CC48D598E495 CA\DD\02000.50105\10005846.1 8 (BB&K: 9-10)
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EXHIBIT “B-1”
SCHEDULE OF SERVICES
Consultant shall complete the Services within the Term of this Agreement and shall meet any other reasonable schedules and deadlines established by City’s Representative.
Updated Schedule of Services: Expected to be Completed by 01/26/2024 Start Complete
1.1 RFP Achieving Best Value for AMI Solution
Negotiation and Contracting 9/1/2023 10/18/2023
1.2 AMI Installation Technical Requirements
Development- Procurement (NIB) 9/1/2023 9/30/2023
1.3 Installation Solicitation and Process
Management 10/2/2023 12/4/2023
1.4 AMI Installation Solution Bid Review 12/4/2023 12/20/2023
1.5 Establishing Detailed AMI Installation Vendor
Accountabilities 12/21/2023 1/12/2024
1.6 Finalizing Engagement Documents with
Selected AMI Installation Vendor 1/15/2024 1/26/2024
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EXHIBIT “C-1”
COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth herein.
ADD SERVICE 1: Phase 2 Add-On Rates:
Total Adjusting Change Order: $7,693, which is 10% of original contract amount to cover the time extension of 4 additional months of effort and the additional tasks supporting the grant and the creation of separate bids for labor and equipment for the AMI project.
Milestone Key Tasks Est.
Hours
Hourly
Rate
(Blended)
Cost
Grant Support
Develop AMI cost estimates; provide
proposal content; participate in meetings
with City’s grant administrator
6 $175 $1,050
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NIB Bid
Development
Create NIB for labor component of AMI
implementation; support City in DIR request;
coordinate with City procurement on
inclusion of grant requirements in bid
documents
10 $175 $1,750
AMI RFP Time
Extension
Develop bid requirements; work with City
project team including procurement on bid
packet publication, advertisement, and
vendor management; conduct additional
meetings with City selection committee to
support vendor bid evaluation and grading;
time extension to accommodate additional
meetings, time spent developing extra
content
30 $150 $4,500
Operational
Expenses Other Project Costs $393
Total Adjusting
Change Order 10% of original Scope of Work $7,693
ADD SERVICE 2 Phase 2 Add-On Rates:
Phase 2: AMI Technology Procurement
Planning and Vendor Bid Solicitation Deliverables
1.1 RFP Achieving Best Value for AMI Solution -
Negotiation and Contracting
Completed
Contractual
Packet Compliant
with RFP
Requirements $6,400.00
1.2 AMI Installation Technical Requirements
Development - Procurement (NIB)
Draft NIB
Procurement
Document $9,595.00
1.3 Installation Solicitation and Process
Management
Issued NIB and
Addenda $7,120.00
1.4 AMI Installation Solution Bid Review
Solicitation
Selection Matrix;
Procurement
Workbook-NIB $6,385.00
DocuSign Envelope ID: 21FEBF7B-8211-412D-935A-C373F5F8B8A1 DocuSign Envelope ID: 14C632E0-E107-44D7-850A-8D43AE32A988 DocuSign Envelope ID: 7FC372CC-D56F-4A87-8FAF-CC48D598E495 CA\DD\02000.50105\10005846.1
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1.5 Establishing Detailed AMI Installation
Vendor Accountabilities
Vendor/City
Contract Terms
and Conditions
Quality ReviewNIB $3,740.00
1.6 Finalizing Engagement Documents with
Selected AMI Installation Vendor
Vendor Contract
Documents
Finalization for
Department
Approval as
Required -NIB $4,005.00
$37,245.00
Expenses $3,724.00
Total $40,970.00
DocuSign Envelope ID: 21FEBF7B-8211-412D-935A-C373F5F8B8A1 DocuSign Envelope ID: 14C632E0-E107-44D7-850A-8D43AE32A988 DocuSign Envelope ID: 7FC372CC-D56F-4A87-8FAF-CC48D598E495