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HomeMy WebLinkAbout60-96 RESOLUTIONRESOLUTION NO. 60-96 A RESOLUTION AWARDING RFP 96-3 TO BLACK & VEATCH ENGINEERS, IN AN AMOUNT NOT TO EXCEED $59,500, TO PERFORM A WATER AND SEWER OPERATIONS STUDY AND A WATER AND SEWER RATE STUDY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ,Section 1. The City Council hereby awards RFP 96-3 to Black & Veatch Engineers, in an amount not to exceed $59,500, to perform a water and sewer operations study and a water and sewer rate study; and authorizes the Mayor and City Clerk to execute same. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 7th day of May , 1996. ATTEST: By: 7cat'd Traci Paul, City Clerk " / 41/4:- I 4, Aid / 4 1 APPROVED: By: F e Hanna, Mayor • Agreement for Consulting Services • 1. Black & Veatch (Consultant) shall provide to the City of Fayetteville, Arkansas (Client), the Services described in Attachment A, Scope of Services, related to the Report on Operations of the Water & Sewer System, and Report on Revenue Requirements, Cost of Service, and Rates for Water & Sewer Service. 2. Client shall pay Consultant for services provided in accordance with the following: Partner Project Manager Project Engineer Project Staff Technical Support Stenographic Hourly Billing Rate 170.00 120.00 95.00 85.00 65.00 39.00 Plus direct out-of-pocket expenses at cost, including but not limited to: travel and subsistence away from consultant's office; long distance telephone; computer operating time at established rates; document printing and reproduction at established rates; and other expenses directly chargeable to the project. Charges will be invoiced to Client at the end of each of Consultant's standard monthly accounting periods based upon the above fee schedule and the direct time and expense charges to the project during the preceding accounting period All invoices are due upon receipt and if not paid within 30 days will accrue interest at the lessor of 1-1/2 percent per month or the maximum rate allowed by law. The maximum amount billed under this Agreement shall not exceed $59,500 unless authorized in writing by Client. The maximum fee includes one presentation to the City Council. If additional presentations to the City Council are desired, a flat fee of $1,500 for each such presentation is proposed. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Consultant under similar circumstances. Consultant shall reperform the Services which fail to satisfy this standard of care. No warranty, express or implied, is included in this Agreement or in any report or opinion produced pursuant to this Agreement. • • • 4. Consultant's total liability under this Agreement shall not exceed Consultant's compensation under paragraph 2. 5. Consultant and Client waive all rights against each other and their respective directors, officers, partners, commissioners, officials, agents, subcontractors, consultants and employees for damages covered by any type of property insurance during and after the completion of the Services. Client shall have the right to terminate this Agreement for Client's convenience upon written notice to Consultant, and Consultant shall terminate performance of Services on a schedule acceptable to Client. In the event of termination for Client's convenience, Client shall pay Consultant for all Services performed and termination expenses. The provisions of paragraph 4 shall remain effective following any termination of this Agreement. 7. This Agreement shall be governed by the laws in the state of Arkansas. 8. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Client and Consultant. 9. Except as otherwise provided herein, documents prepared by Consultant as part of the Services shall become the property of Client, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Consultant. IN WITNESS WHEREOF, Client and Consultant have executed this Agreement, the effective date of which shall be Mot/ 71 /99 City of F etteville Client) Black & Veatch (Consultant) By By 62/the e:SerCZCZ--- Title Mayor Date 579C Title rho? Date Ofr5/9 • • ATTACHMENT A The proposed scope of services is presented in two parts: Part I - Report on Operations of the Water & Sewer System; and Part II - Report on Revenue Requirements, Cost of Service, and Rates for Water & Sewer Service. Because the financial analysis portion of the report on operations (Part I) is virtually identical to the revenue requirements portion of the rate study (Part II), the studies will be conducted concurrently to achieve cost savings. Part 1 - Report on Operations of the Water & Sewer System Task Series 100 - Initial Meeting and Data Collection The initial project component includes preparation of a data request and a meeting with City representatives to identify and discuss key project objectives and major points of interest and concern, collect and discuss data pertinent to the study, and schedule interviews and on-site surveys. Specific tasks anticipated are to: Task 101 Prepare and submit an initial request for financial and operational data needed for the study. A summary description of field observations and operations personnel interviews required for the evaluation of system operations and maintenance will also be provided. Task 102 Meet with City representatives to identify major items of interest and concern and to discuss principal objectives and policies. Task 103 Obtain and review financial and operational data and information. Task 104 Identify personnel to be interviewed and facilities to be observed, and establish schedules for interviews and onsite observational tours. Task Series 110 - Engineering Evaluation The engineering evaluation will include interviews of key water and wastewater utility personnel, observational tours of selected major water and wastewater system facilities, review of operation and maintenance policies and procedures, and review of major capital improvement programs. Black & Veatch recognizes that the wastewater treatment plant and major lift stations are operated under contract, and anticipates that the City will elicit the contractor's cooperation for interviews and observational tours. Specific tasks to be performed by Black & Veatch are to: Task 111 Conduct interviews with key water and wastewater utility personnel regarding policies and procedures utilized to achieve safe, efficient and economical operation. A-1 • • Task 112 Review operation and maintenance record keeping practices, records and techniques to evaluate the impact on facility performance, maintenance, and reliability. Task 113 Review operation and maintenance techniques and policies regarding scheduled maintenance, emergency maintenance, adequacy of staffing and equipment, adequacy of funds, and availability of spare parts and replacement items. Task 114 Conduct onsite observational tours of selected above ground or observable water and wastewater facilities to determine the general condition of structures, improvements and equipment; and the adequacy of maintenance policy and procedures. Task 115 Review the major capital improvement programs for the water and waste- water utilities to evaluate the adequacy of planned future facilities to meet projected service requirements. Task Series 120 - Financial Analysis The objective of this project component is to forecast revenue and revenue needs for the water and sanitary sewer utilities based upon existing rates and fee schedules. The adequacy of each utility's forecasted revenues to meet future revenue requirements shall be analyzed to determine the level of revenue adjustments and debt financing, if either is required, to meet forecasted revenue requirements on a sound utility financial basis. This study component shall include the following subtasks prepared for a five year study period and separately for each utility: Task 121 Forecasts of water and sewer utility accounts and volumes will be made for the study period by considering historical growth trends, climatological patterns, local economic conditions, the potential for adding/losing major utility customers, and changes in customer class usage patterns over time. The volume projections will be made based on projected number of utility accounts and a usage per account analysis to differentiate the historical effects of account growth and increased (decreased) usage by existing customers. Task 122 Forecasts of water and sewer utility revenues under existing rates for the study period will be developed recognizing projected accounts, volumes, and usage patterns by customer class. Future revenues from miscellaneous sources such as interest earnings, service installation charges, late payment penalties, and service initiation fees will also be estimated. Task 123 Study period revenue requirements for the water and sewer utilities will be developed based on an analysis of historical, currently budgeted, and projected needs. The revenue requirements will be projected on a yearly basis, taking into account expected operational changes, changes in staffing or operating expenditures for new facilities, system growth by new A-2 • • • development, anticipated extraordinary expenses, and allowances for inflation. Revenue requirements will include: • Operation and maintenance expenses, including purchased water and contract operations of the wastewater treatment plant. • Outlays for routine annual capital additions and replacements. • Debt service and reserve requirements on existing and proposed bond issues • Transfers for major capital improvements financing. • Other cash requirements. Task 124 Forecasts of revenues and revenue requirements will be summarized into five-year cash flow analyses for determination of revenue adequacy on an annual basis. The cash flow analyses will identify annual revisions of water and sewer utility revenues necessary to comply with bond covenant requirements, good utility practice, or sound utility financing considera- tions recognizing current City policy and planning. Task Series 130 - Bond Ordinance Compliance Concurrent with the engineering evaluation and financial analysis, Black & Veatch will evaluate the utilities' compliance with certain provisions of the Bond Ordinance No. 3638 and No. 3829 which places certain conditions and requirements on the water and sewer utilities and which are designed to protect the interest of the bond holders. During this segment of the study, Black & Veatch proposes to: Task 131 Verify that the following required funds have been established and that fund balances and reserves are in compliance with bond covenants: Task 132 Task 133 Task 134 • Revenue Fund • Operation and Maintenance Fund • Bond Fund • Renewal and Replacement Fund • Debt Service Reserve Fund • Construction Fund Review insurance coverage of the water and sewer utilities. Verify that required debt service coverage tests are being met. Review other practices and procedures for compliance with the bond covenants. Items to be reviewed will include, but will not necessarily be limited to, the following: • Required levels of bond payments are made through the designated Paying Agent on a timely basis. • Systems are operated on a fiscal year beginning January 1. A-3 • • • Systems are maintained in good condition and operated in an efficient manner at reasonable cost. • No free water service is provided. • The City has not mortgaged or disposed of any substantial portion of the systems. • Required budgets have been prepared. • No action has been taken to cause the interest on the bonds to be subject to federal income taxes. • Improvements authorized by the Bond Ordinances are being or have been constructed. Task Series 140 - Reports and Meetings Black & Veatch considers communication with the client to be essential during all aspects of the study. In addition to the initial meeting specified in Task Series 100 and the onsite interviews and observation tours described in Task Series 110, Black & Veatch proposes to: Task 141 Maintain ongoing dialogue with City representatives concerning study progress and policy issues through written and telephone communications and periodic meetings. Task 142 Prepare a draft Report on Operations of the Water & Sewer Systems incor- porating the findings, conclusions, and recommendations of all facets of the study and submit 12 copies of the report for review by City representa- tives. The report will cover studies under Task Series 100 through Task Series 130. Task 143 Prepare a final Report on Operations of the Water & Sewer Systems incor- porating any revisions agreed upon as a result of the City's review of the draft report. Task 144 Meet with the City Council, if requested by the City, to present the findings of the operations study. Part 11 - Report on Revenue Requirements, Cost of Service, and Rates for Water & Sewer Service Task Series 200 - initial Meeting and Data Collection It is anticipated that the initial meeting described in Task 102 will cover both Part I and Part II of the proposed studies. Additional tasks which are unique to the water and sewer rate studies are to: Task 201 Prepare and submit an initial request for financial and operational data, in addition to that needed for the operations study, that is needed for the rate study. A-4 • • Task 202 Prepare instructions and provide assistance to appropriate City data processing, billing, and accounting personnel for the development of historical tabulations of customers' bills for water and sewer service. Task 203 Conduct a workshop for City representatives, representatives of wholesale customers, and retail customers to discuss the need for the rate study, the methodology to be utilized in determining rates, and respond to issues raised by customers. It is anticipated that this workshop will require approximately two hours, and would be conducted during the trip for Task 102. Task Series 210 - Determination of Revenue Requirements and Financial Plan This task encompasses an evaluation of historical water and sewer utility customer accounts, volumes, and revenues under existing rates for reasonable relationships on which to base future revenue projections for the planning period. The historical water and sewer system expenditures and annual budgets for all operating and capital costs will provide the basis for projecting future water and sewer utility needs. Revenue and revenue requirements projections will be adjusted, as applicable, to recognize any changes in utility service areas and customers served abnormal weather conditions, general economic climate, additional costs associated with the capital improvement programs, or anticipated extraordinary expenses. The analyses will provide the necessary information to develop the long-range financial plan. A comparison of projected revenues with revenue requirements and capital program funding needs will show annual adjustments necessary in the level of water and sewer utility revenues to maintain self-sufficient enterprise operations and to retain the City's debt credit ratings. Black & Veatch will contact the City's consultant regarding the Sewer System Study currently being performed. Revenue and revenue requirements will be forecast in Tasks 121 through 124 for the Report on Operations. Additional tasks required for the water and sewer rate studies are to: Task 211 Summarize the bill and usage distributions for each utility based on the tabulation of bills provided by the City (See Task 202). These distribu- tions will become the basis for accurately forecasting revenues under existing and proposed rates. Task 212 Summarize the revenue, revenue requirements, and cash flow forecasts prepared for the Report on Operations Financial Analysis for use in the water and sewer rate studies. Include consideration of any minor issues or revisions that may have arisen subsequent to the completion of the Report on Operations. Task 213 Prepare up to three alternative financing plans for each utilities' major capital improvement program These plans will identify the optimum combination of cash (retained earnings) and debt financing required to A-5 • • . meet total revenue requirements on a sound utility basis and recognizing customer equity considerations. Task 214 Conduct a workshop with City representatives, representatives of the wholesale customers, and retail customers to review the results of the revenue requirements and financial planning portion of the study. Task Series 220 - Allocation of Costs of Service This task encompasses the identification and determination of utility functional service parameters, a detailed assignment of costs to the respective functional components, and allocation of costs of service to customer classes. Cost -causative parameters for water service include average day, maximum day, and maximum hour demands; meters and meter sizes; public and private fire protection units; and number of customer bills processed. For sewer service, similar parameters will be evaluated as well as measures of wastewater strength including but not limited to BOD5 and total suspended solids. For each of the applicable functional parameters, corresponding estimates of class units of service will be determined. Costs of service will then be allocated to customer classes based on the estimated class units of service. Specific tasks, prepared separately for the water and sewer utilities, are to: Task 221 Estimate class service characteristics associated with each of the functional cost elements recognizing the bill distribution analysis, data available from the City, engineering judgement, and experience with other utility operations with similar usage characteristics and patterns. Task 222 Estimate major system component capacities to utilize in subsequent cost allocations. System capacities will reflect cost causative parameters including volume, capacity, and customer service considerations, and will be based upon the City's fixed asset records for the water and sewer utilities. Task 223 Distribute costs by major system component to customer classes for each utility, using the AWWA recommended Base -Extra Capacity cost allocation methodology for the water utility and WEF recommended allocation methodology for the sewer utility. This cost allocation will use unit costs of service applicable to all system users and class units of service to determine each class' proportional responsibility for total system costs. The relative responsibility of each class of water and sewer utility customers will be specifically determined based on each class' or users' estimated service requirements. Task 224 Class revenues under existing water and sewer utility rates will be compared with allocated class costs of service to determine the level of cost recovery by class, and in total, and to demonstrate any rate adjust- ments needed to align class revenues and allocated costs. A-6 • Task Series 230 - Design of Rates • Rate schedules to recover total revenue requirements and allocated costs by class will be designed to meet water and sewer utility service policies, pricing objectives, cost of service recovery, and practical limitations. Specific tasks required are to: Task 231 Develop schedules of water and sewer rates, based on evaluations of existing water and sewer rate structures, that meet as many of the following objectives as practical and consistent with City policy: • Recover total revenues needed for utility operations. • Recognize proportional cost recovery by customer class. • Recognize existing contractual provisions. • Supportable by existing recordkeeping practices. • Defendable at public hearings and in courts of law. • Consider the needs of low-income customers. • Consider the impact on large system users and major industries. • Reflect practical implementation limitations. • Meet requirements for sewer user charges systems. Task 232 Compare revenues expected from each customer class under proposed water and sewer rates with allocated costs of service to ensure the adequacy of cost recovery. Task 233 Prepare comparisons of typical water and sewer bills under existing and proposed rates for each customer class under various levels of water usage and meter sizes to illustrate the impact of the proposed rates on a variety of individual customers. Task 234 Conduct a workshop with City representatives and representatives of the wholesale customers to present and discuss the results of the cost allocation and rate design portions of the study. Task Series 240 - Reports and Meetings A rate study report will be developed which explains our study approach, findings and recommendations. The project report will be submitted in draft form for review by City representatives before a final report is published and delivered. Meetings are planned at significant stages of the study to review study progress, receive project direction, and present draft and final report findings and recommendations. If further meetings are desired, Black & Veatch will gladly modify the proposed work plan. In addition to: • The meeting at the beginning of the study (Task 102). • A workshop with City, wholesale, and retail customer representatives to discuss the rate study methodology (Task 203). A-7 • • • A workshop with City, wholesale, and retail customer representatives to discuss revenue requirements (Task 214). • A workshop with City, wholesale, and retail customer representatives to discuss cost allocation and rate design methodology (Task 234). Specific tasks relating to rate study meetings and reports are to: Task 241 Prepare a preliminary Report on Revenue Requirements, Cost of Service, and Rates for Water & Sewer Service, including text and tables, and deliver 12 copies of the report to the City. The report will include all rate study findings and recommendations. Task 242 Make agreed upon revisions to the preliminary Report on Revenue Requirements, Cost of Service, and Rates for Water & Sewer Service, and deliver 30 copies of the final report to the City. Task 243 Meet with the City Council to present the findings of the study if requested by the City. Anticipated Requirements for City In order for the Black & Veatch project team to conduct the studies outlined in this Scope of Services section in a timely manner, it is proposed that the City would furnish required basic data and information for the water and sewer utilities including the following items: 1. All recent financial records, audits and budgets of the water and sewer utilities' financial operations; operational statistics; facility descriptions; maps; reports of other consultants; available records of water sales and wastewater volumes and strengths; and such other data as may be available and which may be useful in the studies outlined. 2. A schedule of major capital improvements to the water and sewer systems' facilities anticipated during the study period, including general descriptions of each item of improvement, estimated construction costs, and anticipated dates of construction. 3. Summary tabulations of all customer bills issued during a recent twelve month period to all water and sewer customers. The tabulation will be done as requested by Black & Veatch and will be by customer class. 4. Policy direction on such matters as the City considers appropriate, and expeditious review of preliminary findings and reports to permit the timely completion of the study. A-8 • • • Black & Veatch is aware of the bond ordinance requirement that the Report on Operations be completed by September 1, 1996, and is prepared to undertake and complete the proposed studies within the required time frame. The proposed project scheduling is presented in a chart on the following page. As indicated, a single Initial Meeting will be held for the Report on Operations and the Rate Studies (Task Series 100 and Task Series 200). In addition, Task Series 120, Financial Analysis for the Report on Operations, will be completed concurrent with and utilized for Task Series 210, Determination of Revenue Requirements and Financial Plan for the rate studies. It is further proposed that presentations of final study results to the City Council, if requested by the City, be scheduled to coincide. This proposed scheduling is designed to produce cost savings to the City. The proposed schedule assumes that the City provides requested data in a timely manner, responds to Project Team inquiries promptly, reviews draft material within the indicated time frame, and is readily available for scheduled meetings. If required, Black & Veatch will revise the proposed schedule to reflect the final negotiated Scope of Services. We extend a corrunitment to the City that the proposed study will be completed as contractually agreed. 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