CM-06-06-138CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
FOR WATER AND WASTEWATER RATE STUDIES
WITH BLACK & VEATCH CORPORATION
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THIS AGREEMENT is made and entered into on this the f ut day of the month of
L , 2006, by and between the City of Round Rock, a Texas home -rule
munic al corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299 (hereinafter referred to as the "City"), and Black & Veatch Corporation, whose
offices are located at 5001 LBJ Freeway, Suite 700, Dallas, TX 75244 (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to contract for Consultant's assistance in Water and Wastewater
Revenue Requirement Determination, Cost of Service Analyses, and Rate Design Studies, and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date it has been signed by every party hereto,
and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be for six (6) months from the effective date hereof.
1.02 GENERAL CONDITIONS
The General Conditions contained herein shall apply to the Scope of Services, attached
hereto as Exhibit "A" and made a part hereof of all appropriate purposes. This Agreement and
such Scope of Services is entered into by and between the City of Round Rock or its subsidiaries
or affiliates (collectively "City") and Black & Veatch Corporation or any entity directly or
indirectly owned or controlled by same (collectively "Black").
1.03 PROPOSAL FOR SERVICES
For purposes of this Agreement, Consultant has issued its Scope of Services for the
assignment(s) delineated therein. Such Scope of Services is appended to this Agreement and is
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labeled as Exhibit "A." Such Scope of Services shall be deemed to incorporate the General
Conditions contained herein. Except with respect to the description of specific services and fees
for the assignment(s) delineated therein, the General Conditions of this Agreement and this
Agreement itself shall prevail over any conflicting terms therein. Taken together with the
appended Scope of Services, the General Conditions contained in this Agreement shall evidence
the entire understanding and agreement between the parties and supersede any prior proposals,
correspondence or discussions.
1.04 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described under this "Scope of
Services" category and under Exhibit "A." Consultant's undertakings shall be limited to
performing services for City and/or advising City concerning those matters on which Consultant
has been specifically engaged. Consultant shall perform its services in accordance with these
General Conditions and this Agreement, in accordance with the appended Scope of Services, in
accordance with due care, and in accordance with prevailing consulting industry standards for
comparable services.
1.05 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS
Payment for Basic Services: In consideration for the consulting services to be
performed by Consultant, City agrees to pay Consultant the following sum(s) as stated herein:
Basic Services $36,915.00
Reimbursable Expenses Not to exceed $ 2,000.00
Unless subsequently changed by additional Supplemental Agreement to this Agreement,
duly authorized by City Council or City Manager action, Consultant's total compensation
hereunder shall not exceed $38,915.00 including any Reimbursable Expenses. This amount
represents the absolute limit of City's liability to Consultant hereunder unless same shall be
changed by additional Supplemental Agreement hereto.
Deductions. No deductions shall be made from Consultant's compensation on account
of penalty, liquidated damages or other sums withheld from payments to Consultant.
Additions. No additions shall be made to Consultant's compensation based upon Project
claims, whether paid by City or denied.
Supplemental Agreements. The terms of this Agreement may be modified by written
Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of
the services to be performed; or (2) the duration of the work. Any such Supplemental
Agreement must be executed by both parties within the period specified as the term of this
Agreement, that being six (6) months from the effective date hereof. Consultant shall not
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perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. Consultant shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and City shall
not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to
additional work not directly authorized by Supplemental Agreement.
1.06 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
the following timetable structure and deliverable due dates shall apply: six (6) months from date
of execution hereof.
1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES
Invoices. To receive payment for services, Consultant shall prepare and submit a series
of monthly invoices in a form acceptable to City. Each invoice for professional services shall
track the "Scope of Services" category herein, and shall state and detail the services performed,
along with documentation for each such service performed. All payments to Consultant shall be
made on the basis of the invoices submitted by Consultant and approved by City. Such invoices
shall conform to the schedule of services and costs in connection therewith. All Reimbursable
Expenses shall be clearly shown. Should additional backup material be requested by City,
Consultant shall comply promptly with such request. In this regard, should City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
Payment of Invoices. City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of invoices, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and City or because of amounts which City has a right to withhold under this Agreement or state
law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the
services, but not for taxes based upon Consultant's net income.
Offsets. City may, at its option, offset any amounts due and payable under this
Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of
whether the amount due arises pursuant to the terms of this Agreement or otherwise and
regardless of whether or not the debt due to City has been reduced to judgment by a court.
Reimbursable Expenses. Payment for customary reimbursable expenses hereunder shall
not exceed the maximum sum of $2,000.00. City shall pay Consultant for reimbursable expenses
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on a monthly basis, as invoiced and documented, at actual cost. Customary reimbursable
expenses shall include such items as the following:
a. Reprographic Services;
b. Postal/delivery services (as necessary to complete services in a timely manner);
c. Non -local transportation at the rate of $0.44 per mile;
d. Long-distance telecommunications;
e. Cost of maps, surveys, drawings, and reports necessary to complete services;
f. Cost of obtaining permits, if any; and
g. Computer time and charges.
1.08 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Consultant will be made within thirty (30) days of the day on which City receives the
performance, or within thirty (30) days of the day on which the performance of services was
complete, or within thirty (30) days of the day on which City receives a correct invoice for the
performance or services, whichever is later. Consultant may charge a late fee (fee shall not be
greater than that which is permitted by Texas law) for payments not made in accordance with
this Prompt Payment Policy; however, this policy does not apply to payments made by City in
the event:
1. There is a bona fide dispute between City and Consultant concerning the services
performed that causes the payment to be late; or
2. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
3. There is a bona fide dispute between Consultant and a subcontractor or between a
subcontractor and its supplier concerning the services performed which causes the
payment to be late; or
4. The invoice is not mailed to City in strict accordance with instructions, if any, on
any purchase order or this Agreement.
1.09 NON -APPROPRIATION
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Consultant a written notice of termination at the end of its then -current fiscal year.
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1.10 TERMINATION OR DEFAULT
Termination. In connection with the work outlined in this Agreement, it is agreed and
fully understood by Consultant that City may cancel or indefinitely suspend further work
hereunder or terminate this Agreement either for cause or for the convenience of City, upon
fifteen (15) days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease.
Consultant shall invoice City for all work satisfactorily completed and shall be compensated in
accordance with the terms of this Agreement for all work accomplished prior to the receipt of
said notice. No amount shall be due for lost or anticipated profits. Unless otherwise specified
herein, all plans, field surveys, maps, cross sections and other data, designs and work related to
the Project shall become the property of City upon termination of this Agreement, and shall be
promptly delivered to City in a reasonably organized form without restriction on future use.
Should City subsequently contract with a new consultant for continuation of services on the
Project, Consultant shall cooperate in providing information for an additional fee.
Default. Nothing contained in the preceding paragraph shall require City to pay for any
work which is unsatisfactory as determined by City or which is not submitted in compliance with
the terms of this Agreement. City shall not be required to make any payments to Consultant
when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver
of any right, at law and at equity, which City may have if Consultant is in default, including the
right to bring legal action for damages or to force specific performance of this Agreement.
1.11 CITY'S RESPONSIBILITIES
Full information. City shall provide full information regarding Project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required, if any, to enable Consultant to provide the services called
for. City shall cause its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directions provided by City and its
employees and agents concerning provision of services.
Designate representatives. City shall designate, when necessary, representatives
authorized to act in its behalf. City shall examine documents submitted by Consultant and render
decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of
Consultant's work.
Survey. City shall furnish, or direct Consultant to obtain at City's expense, a certified
survey of the site, giving, as required, grades and lines of streets, alleys, pavements and adjoining
property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions,
boundaries, contours and other data pertaining to existing buildings or adjacent to the site, other
improvements and trees; and full information as to available service and utility lines, both public
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and private, and test borings, pits, reports and soil bearing values and other necessary operations
for determining subsoil conditions.
Tests and inspections. City shall furnish or pay for structural, mechanical, chemical,
soil mechanics, and other tests, reports and inspections as required by law or Project documents.
1.12 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, not City's employee. Consultant's employees or
subcontractors are not City's employees. This Agreement does not create a partnership
relationship. Neither party has authority to enter into contracts as agent for the other party.
Consultant and City agree to the following rights consistent with an independent contractor
relationship:
1. Consultant has the right to perform services for others during the term of this
Agreement; and
2. Consultant has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed; and
3. Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement; and
4. Consultant or Consultant's employees or subcontractors shall perform the services
required by this Agreement. City shall not hire, supervise, or pay any assistants
to help Consultant; and
5. Neither Consultant nor Consultant's employees or subcontractors shall receive
any training from City in the skills necessary to perform the services required by
this Agreement; and
6. City shall not require Consultant or Consultant's employees or subcontractors to
devote full time to performing the services required by this Agreement; and
7. Neither Consultant nor Consultant's employees or subcontractors are eligible to
participate in any employee pension, health, vacation pay, sick pay, or other
fringe benefit plan of City.
1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS
Each party shall take reasonable measures to preserve the confidentiality of any
proprietary or confidential information provided to it in connection with this engagement,
provided that no claim may be made for any failure to protect information that occurs more than
two (2) years after the termination or expiration of this Agreement.
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At the conclusion of the engagement, upon written request, each party shall return to the
other all materials, data and documents that have been provided to the other party, except that
Consultant may retain one (1) copy of City's materials for its archival purposes, subject to
Consultant's confidentiality obligations hereunder. City shall retain ownership of all data and
materials provided by it to Consultant. Original drawings shall remain the property of
Consultant. Consultant shall provide City with one (1) signed set of reproducibles and one (1)
full set of digital file copies.
1.14 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of this Agreement
and the appended Scope of Services, then and in that event City shall give written notification to
Consultant; thereafter, Consultant shall either (a) promptly re -perform such services to City's
satisfaction at no additional charge, or (b) promptly refund the portion of the fees paid with
respect to such services.
In the event that re -performance of services or refund of applicable fees would not
provide an adequate remedy to City for damages arising from the performance, nonperformance
or breach of this Agreement and the appended Scope of Services, then and in that event
Consultant's maximum total liability, including that of any employee, affiliate, agent or
contractor, relating to its services, regardless of the cause of action, shall be limited to direct
damages in an amount not to exceed the total fees payable under this Agreement.
The foregoing limitation of liability shall not apply to the extent that any liability arises
from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or
contractors, or from bodily injury, death of any person, or damage to any real or tangible
personal property. Neither party shall be liable for any indirect, special or consequential
damages.
1.15 INDEMNIFICATION
Consultant agrees to hold harmless, defend, and indemnify City for and from any third
party claim or liability (including reasonable defense costs and attorneys' fees) to the extent
arising from or in connection with the negligence of Consultant or its employees or agents in the
course of performing services. The limitation of liability set forth in Section 1.14 herein applies
to Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not
apply to the extent that any liability arises from the gross negligence or willful misconduct of
Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any
person, of damage to any real or tangible personal property.
Except to the extent that Consultant is obligated to indemnify City, City shall indemnify
and hold Consultant, its employees, affiliates or agents harmless from any third party claim or
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liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in
connection with the services performed by Consultant or City's use thereof.
1.16 INSURANCE
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term
of this Agreement professional liability insurance coverage in the minimum amount of
$1,000,000.00 Dollars from a company authorized to do insurance business in Texas and
otherwise acceptable to City.
Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Consultant, Consultant shall require each subconsultant performing work under this Agreement
to maintain during the term of the Agreement, at the subconsultant's own expense, the same
stipulated minimum insurance required in the immediately preceding paragraph, including the
required provisions and additional policy conditions as shown below. As an alternative,
Consultant may include its subconsultants as additional insureds on its own coverages as
prescribed under these requirements. Consultant's certificate of insurance shall note in such
event that the subconsultants are included as additional insureds.
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, and shall have the responsibility of
enforcing these insurance requirements among its subconsultants. City shall be entitled, upon
request and without expense, to receive copies of these certificates of insurance.
Insurance Policy Endorsements. Each insurance policy hereunder shall include the
following conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non -renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation, non -renewal, or material change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Consultant.
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(3) Terms "City" or "City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of City and individual members, employees and
agents in their official capacities, or while acting on behalf of the City of Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self -Insured Retentions of
whatever nature.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with the City. Such Certificates of
Insurance shall be furnished to the City upon request.
1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Compliance with Laws. Consultant, its consultants, agents, employees and
subcontractors shall use best efforts to comply with all applicable federal and state laws, the
Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
Consultant shall further obtain all permits and licenses required in the performance of the
services contracted for herein.
Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
services performed hereunder. City is qualified for exemption pursuant to the provisions of
Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
1.18 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
1.19 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
1.20 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
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1. Withhold FICA from Consultant's payments or make FICA payments on
Consultant's behalf; or
2. Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
3. Withhold state or federal income tax from Consultant's payments.
1.21 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Black & Veatch
5001 LBJ Freeway, Suite 700
Dallas, TX 75244
Notice to City:
City Manager
221 East Main Street
Round Rock, TX 78664
AND TO:
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if
legal action is necessary by either party with respect to the enforcement of any or all of the terms
or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This
Agreement shall be governed by and construed in accordance with the laws and court decisions
of the State of Texas.
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1.23 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Consultant and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
1.24 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and Consultant shall each select a
mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than
attorney fees, associated with the mediation shall be shared equally by the parties.
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
1.25 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
1.26 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant understands and agrees that time is of the essence and
that any failure of Consultant to complete the services for each phase of this Agreement within
the agreed Project schedule will constitute a material breach of this Agreement. Consultant shall
be fully responsible for its delays or for failures to use best efforts in accordance with the terms
of this Agreement. Where damage is caused to City due to Consultant's failure to perform in
these circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
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Force Majeure. Neither City nor Consultant shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible or circumstances beyond its control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
Opinions. Consultant's opinions, estimates, projections, forecasts of current and future
costs, revenues, other levels of any sort, and events shall be made on the basis of available
information and Consultant's expertise and qualifications as a professional. Consultant does not
warrant or guarantee that its opinions, estimates, projections or forecasts of current and future
levels and events will not vary from City's estimates or forecasts or from actual outcomes.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS
By:
Title:
Date Si
ATTEST:
yvejer' Christine R. Martinez, City Secretary
Date Signed: G. -)k).-04:,
-( Li, -D(v
FO r CITY, APPROVED AS TO FORM:
►." i
Stepha' L. Sheets, City Attorney
L
BLA
EATCH C
ORATION
Title:
Date Signed:
sident EMS
July 25, 2006
ATTACHMENTS
Exhibit "A": Scope of Services
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1'
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ROUND ROCK, TEXAS
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PROPOSED WORK PLAN
Water and Wastewater Rate Study
Based on our understanding of the City's needs, this section presents our proposed project
approach and work plan followed by a proposed project schedule to successfully complete the
rate study in a timely manner.
Project Approach
Black & Veatch will conduct comprehensive revenue requirement determination, cost of service
analyses, and rate design studies for the City of Round Rock, Texas. A major goal of the work effort
is to provide an independent, expert review of the Utilities' existing rates and charges to identify the
extent to which they produce adequate revenues and whether existing methodologies result in
equitable recovery of the costs of serving customers. This includes recognition of residential and
commercial/industrial customers as well as inside and outside City customers, wholesale customers,
and reuse customers.
Our work plan is divided into six tasks, each of which is interrelated:
1. Project Initiation
2. Revenue Requirement Determination
3. Cost of Service Analyses
4. Rates and Charges Analyses
5. Computer Model Revisions and Adjustments
6. Reports and Meetings
TASK 1. PROJECT INITIATION AND DATA COLLECTION.
SUBTASK 1.1 — DATA COLLECTION
At the initiation of the project, we will visit Round Rock's offices to collect and review basic
financial and statistical data provided by the Utility to include historical and current financial
information, reports by others, and operating and capital budgets. Where possible, financial data
will be reviewed in its current form and/or collected in an electronic format to avoid duplication of
effort with regard to data entry and to ensure data accuracy. Specific subtasks will include:
✓ Data Request
We will furnish the Utility with a list of basic data needed to conduct the study (already
delivered to City staff). The list will detail requests for: customer information by service area,
background information on current billing policies, financial and operating data, historical
customer account and billing records, reports by others, audits, budgets, fixed asset records,
bond prospectuses, debt service schedules, and ordinances.
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BLACK & VEATCH
1
ROUND ROCK, TEXAS
1'I RIX 1,i Y.1,10% I'N I'I RI I1
PROPOSED WORK PLAN
Water and Wastewater Rate Study
✓ Review and Evaluation of Basic Data
We will meet and review all data received in detail to ensure its completeness and our
understanding of historical water and wastewater operations and requirements reflected therein.
✓ Supplemental Data Request
As the study progresses after initial data is reviewed, we may submit requests for additional data
and/or seek clarification of initial information received, as necessary.
SUBTASK 1.2 — REVIEW OF EXISTING RATES
The purpose of this task will be to analyze the current rate methodologies, miscellaneous charges,
and billing policies in order to gain an understanding of the existing cost recovery mechanisms of
the Utility. Specific subtasks of this analysis will include:
✓ Review of Existing Rate Methodologies
We will conduct a review of the current methodologies the Utility uses to develop rates and
charges for water and wastewater service. This review will include discussions with utility
management regarding rate policy issues and as applicable, review of contractual provisions
with entities that receive utility service from Round Rock. This review will form the foundation
for assessing the adequacy of the existing methodologies to equitably recover cost of service as
developed in subsequent tasks, and to determine that the existing customer classes used are
satisfactory.
✓ Identify and Evaluate Alternative Rate Structures
Review of the existing rates will form the initial basis for identifying alternative rate
structures and practices that the City of Round Rock may wish to consider in the formulation
of new rates. The general guidelines for evaluating utility rates include the following:
• Rate schedules should be clear and readily understood.
• Rates should be designed to allow recovery of the cost of providing service.
• Rates should reflect the cost of service by customer classification.
• Rates should promote revenue stability.
Recommendations will be developed with consideration to the above guidelines consistent
with management goals and policies.
TASK 2. TEN-YEAR FINANCIAL PLAN
Revenue and revenue requirements for each utility will be developed into a forward looking
financial plan. The study period will be for a future ten-year period recognizing growth and
adjustments to revenue and expenses to reflect anticipated changes in operations and costs.
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BLACK & VEATCH
'ROU ND ROCK, TEXAS
Pt I/ih)' in,l(11 I'K11,YI kI
PROPOSED WORK PLAN
Water and Wastewater Rate Study
SUBTASK 2.1 — REVENUES UNDER EXISTING RATES
Black & Veatch will project future sales and associated revenues under current rate levels based
upon historical and projected growth of customers and usage characteristics.
SUBTASK 2.2 — REVENUE REQUIREMENTS
The development of updated revenue requirements will be based on an examination of historical
financial reports, current operating budgets, and capital improvement programs based on data
provided by Utility management. Detailed utility analyses will provide an indication of the degree
of overall adequacy of rates and potential adjustments in respective annual revenue levels needed to
meet the projected revenue requirements of each utility for fiscal years (FY) 2007 through 2016.
✓ Operation and Maintenance Expense
Operation and maintenance expense forecasts will be developed by Black & Veatch in
conjunction with Utility staff to facilitate analysis and cost allocation. Operation and
maintenance expense estimates will be based on an analysis of historical financial records,
trends, and budgeted operation and maintenance expense incurred in providing service to utility
customers. Costs analyzed will include salaries and fringe benefits, utilities, treatment costs,
purchase of contractual services, and other material and supplies costs. Any identified shared
costs between the water and wastewater utilities will be allocated between the two on an
appropriate basis. A discussion with utility management and operating personnel will be held to
ensure incorporating any anticipated changes in personnel, operations, and the future effects of
inflation.
✓ Indirect Cost Allocations
We will evaluate the water and wastewater utility' s existing indirect cost allocations and
payments to the General Fund, including General and Administrative Service charges and in -
lieu of tax payments.
✓ Routine Capital Replacement Expenditures
Based on analysis of historical data and discussions with Utility staff, we will forecast the
requirements for capital outlays that recur annually. Such expenditures consist of the normal
and ongoing replacement of worn out or obsolete equipment. These requirements are typically
financed directly from utility operating revenues.
✓ Capital Improvement Program and Financing Plan
Provision for financing of the water and wastewater
major capital improvement programs for fiscal years
(FY) 2007 to 2016 will be based on consideration of
This is often an iterative process, as
capital needs and capital financing
pressures are balanced by decision -
makers. Our extensive experience as
business advisor to utility managers
facilitates development of sound capital
financing approaches.
Cal
BLACK & VEATCH
ROUND ROCK, TEXAS
P1 RE,P 1 !',((IN P11111P1 8111
PROPOSED WORK PLAN
Water and Wastewater Rate Study
available funding, magnitude and timing of future bond sales, revenue bond covenants, impact
on utility rate levels, and Utility policy for the study period.
✓ Debt Service Expense
Principal and interest payments on outstanding debt obligations and any additional bonds for
major capital improvements will be included in determination of the revenue requirements.
✓ Revenue Adequacy and Indicated Adjustments
We will prepare an analysis summarizing the above revenues and revenue requirements to
determine the adequacy of revenues under existing rate levels. Forecasted revenues will include
revenue under existing rates for utility service, other operating income, and interest income.
Revenue requirements will be determined on a cash needs basis and will include operation and
maintenance expense, routine capital expenditures, the revenue financed portion of major capital
improvements, debt service on currently outstanding and any required additional bonds, bond
covenant requirements, and any other indicated revenue requirements. In addition, the revenue
requirements will include a nominal allowance for working capital balances as considered
necessary for a fully self-supporting utility operation. Such allowance is considered necessary
for providing operating funds during periods of depressed sales due to adverse weather
conditions and for unscheduled or emergency expenditures. Separate operating cash flow
statements will be prepared for each of the water and wastewater utilities which will indicate any
needed revenue adjustments.
TASK 3 COST OF SERVICE ANALYSES
Fiscal year (FY) 2007 will be used for the purpose of conducting cost allocations and rate design.
Separate water and wastewater costs of service to be recovered equate revenue under existing rates
plus the recommended overall revenue increase for each utility system.
The cost of service to be paid from utility revenues is equal to operation and maintenance expense
plus all capital related costs less revenues from interest income and other non-operating sources.
Costs of service will be determined for the various customer classes and types of service provided by
the Utility.
SUBTASK 3.1 — DETERMINATION OF CUSTOMER CLASSES
Cost of service will be allocated to groups of customers with similar service requirements and
contractual requirements. Customers are typically grouped into residential, commercial, industrial,
high volume and high strength users, and wholesale groups. Additional classification can be applied
to recognize specific characteristics as deemed necessary by utility management. We will:
✓ Determine Appropriate Customer Classes
4
BLACK & VEATCH
ROUND ROCK, TEXAS
111014,1 V'-1 4(1\ 1'RIKYI RI1,
PROPOSED WORK PLAN
Water and Wastewater Rate Study
Review the existing customer class designations to determine appropriateness and equitability
and recommend to the Utility any revised and/or new customer class designations, as needed.
✓ Estimate Customer Class Characteristics
Estimate usage and billing characteristics of each customer class and type of service. The
characteristics include total annual water use, ratio of peak to average rates of use, wastewater
pollutant characteristics, responsibility for infiltration and inflow in the sewer system, and
customer billing requirements. Estimates of class loading will be based on bill tabulation data,
system operating statistics, available special studies, and our judgment and experience.
SUBTASK 3.2 — ALLOCATION OF COSTS OF SERVICE
Costs of service, or revenue requirements to be met from water and wastewater utility service rates,
will be first allocated to functional cost components to provide a basis for subsequent allocations to
customer classes, which will recognize estimates of each class' service requirements. Class
allocations will be compared to estimates of corresponding class revenues under existing rates to
identify relative adjustments by class, and in total for the utility systems, to align revenues with
allocated costs. This process will recognize existing wholesale contractual requirements, accepted
water (AWWA) and wastewater (WEF) industry rate -making standards, and will comply with all
applicable State and Federal regulatory requirements.
✓ Functional Cost Allocations
We will allocate FY 2007 costs of service to
various cost components that constitute
functional classifications of the types of
service each utility is required to provide.
The development of functional cost
allocations will recognize cost -causative
factors including annual and peak rates of
water use; wastewater volume, capacity, and
strengths for sewer allocations; and service delivery considerations for any specific customer
classes.
Our considerable utility system design experience
provides a basis for determining which parameters
should be used for assigning costs to water and
wastewater functional components. This combined
engineering and financial expertise uniquely qualifies
us to determine appropriate cost allocations and to
explain the rationale behind study findings to the
public and policy makers.
✓ Development of Customer Class Units of Service
We will estimate customer class service characteristics
(use, demand, strengths, etc.) associated with each of the
functional cost elements recognizing the bill distribution
analysis, applicable data available in Utility records,
engineering judgement about customer class service
requirements, and experience with other utility operations
We have conducted field investigations of
customer class service characteristics
across the nation, which provide us with
the expertise to make appropriate
estimates for the Utility systems.
5
BLACK & VEATCH
ROUND ROCK, TEXAS
I'L.II{H>1i
p.\,10". IMI/WI'IMIi'
PROPOSED WORK PLAN
Water and Wastewater Rate Study
with similar usage characteristics and patterns.
✓ Allocation of Costs to Customer Classes
We will distribute costs by functional component to
customer classes using 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 utility
customers will be specifically determined based on each class' or users' estimated service
requirements.
Subtask 3.2 is critical to the study if the
Utility is to be placed in a defensible
position for determining "who should pay"
for utility service and for justifying
recommended changes in cost recovery
by class.
✓ Determination of Revenue Adequacy by Customer Class
We will prepare a comparison of class revenues under existing utility rates with allocated class
costs of service to determine the level of cost recovery by class and in total, and to demonstrate
any needed adjustments to align class revenues and allocated costs.
TASK 4. RATES ANALYSES
Rates and charges designed to recover the costs of service from each customer class will be
developed to also recognize Utility policy objectives.
SUBTASK 4.1 — DESIGN OF RATES
Schedules of rates and charges will be developed for each utility, which recover the costs of service
from each customer class for the test year within practical limits. Specific subtasks will include:
✓ Determination of Revenue to be Generated by Rates.
Revenue to be recovered from rate structures will
reflect the total cost of service by customer class.
This is the first key element of a three-
part evaluation of rate impacts on
customers served by the Utilities
✓ Development of Rates
We will develop a schedule of rates and charges that equitably and efficiently recover total
revenue requirements. Specific issues to be addressed include:
6
BLACK & VEATCH
ROUND ROCK. TEXAS
1'1, RI'). N -1,I11\ I'Kln!'I 31111
PROPOSED WORK PLAN
Water and Wastewater Rate Study
Water Utility
✓ Rate structure or form
✓ Consumption block thresholds
✓ Conservation Rates and
Initiatives
✓ Inside/Outside customers
✓ Wholesale customers
✓ Base Charge
✓ Fire Protection Charges
Wastewater Utility
✓ Rate structure or form
✓ Applicability of charges
✓ Infiltration/inflow recovery
✓ Inside/Outside customers
✓ Excess Strength Surcharges
✓ Wholesale customers
SUBTASK 4.2 - DETERMINATION OF CUSTOMER IMPACTS
✓ Proposed Rate Revenue Adequacy
We will compare revenues expected from each customer
class under proposed rates with the cost of service to be
recovered from individual customer classes and for the
water and wastewater systems in general to determine their
adequacy.
✓ Typical Bill Comparison
This is the third key element of a three-part evaluation of
rate impacts on customers served by the Utility. The
selected class usage levels by meter size will reflect the
bill distribution in order to better demonstrate rate impacts
on the majority of customer accounts in each class rather
than using arbitrarily chosen allowances.
This is the second key element of a
three-part evaluation of rate
impacts on customers served by
the Utility.
We will prepare comparisons of typical bills
under existing and proposed rates for each
customer class under various levels of water
usage and meter sizes for water and
wastewater customers.
TASK 5. COMPUTER FINANCIAL PLANNING/RATE MODEL REVISIONS
SUBTASK 5.1 - REVISIONS AND ADJUSTMENTS To COMPUTER RATE MODEL
In the City's current model framework we will address certain areas of the model requiring
revisions. The financial planning and rate model revision task will include the following:
7
BLACK & VEATCH
ROUND ROCK, TEXAS
I'I. H}Hri� F't0\RI\ I'Hlnl'I HII1
PROPOSED WORK PLAN
Water and Wastewater Rate Study
✓ Wholesale Customer Evaluations
We will address and streamline the model's wholesale customer evaluation process. This will
serve to automate the process further while recognizing that there will continue to be a need for
manual customization for each wholesale customer.
✓ Errors/Computation Problems in the Model
We will address errors and computation issues identified and documented by the city staff.
SUBTASK 5.1 — PROVIDE COMPUTER RATE MODEL TRAINING
We will provide one (1) training session for a maximum of two (2) days that will be conducted at
the City's offices. This training session will orient City staff members in the use of the water
and wastewater model.
TASK 6. REPORTS AND MEETINGS
SUBTASK 6.1 — REPORT PREPARATION & DELIVERABLES
A comprehensive report will be developed which explains the study approach, key assumptions, and
the findings and recommendations for both utilities. The report will be submitted in draft form for
review by Utility representatives before a final report is published and delivered. Specific subtasks
will include:
✓ Draft Report Preparation
We will prepare the draft report covering development of revenue requirements, cost of service
analyses, rate design findings, and recommendations. This draft report will be available for the
Utility's review and approval. We will make every reasonable effort to accommodate any
recommendations and minor revisions requested by the Utility as a result of the review process.
✓ Final Report Preparation
Based on review comments received, we will revise the draft report and deliver 10 copies of
the final report to the Utility.
8
BLACK & VEATCH
ROUND ROCK, TEXAS
I'1 It Yl ni l':0,I11 NII N.1 <11'
PROPOSED WORK PLAN
Water and Wastewater Rate Study
✓ Study Documentation
At the completion of the project, all data developed in electronic format will be furnished in
Microsoft Office format suitable for the Utility to use and document study procedures,
assumptions, and findings.
SUBTASK 6.2 - MEETINGS & PRESENTATIONS
We will meet with Utility representatives to gather data and information and present our final
findings and recommendations to the City of Round Rock City Council. These meetings will be
conducted in a workshop format to encourage an active exchange of information by all
participants and provide a basis for complete understanding of relevant issues. Meetings will
include:
✓ Utility Staff Meetings
Attend two (2) meetings with Utility representatives during the course of the study to gather
data, review data and provide staff training.
✓ Presentation to the City of Round Rock, Texas City Council
Meet with the City Manager, Mayor and Council of the City of Round Rock, Texas at the
Council's August retreat to present final results of the study's findings and
recommendations. A Power Point presentation will be used to present this information in
summary form.
Project Schedule
Normally, 90 to 120 days are required to conduct financial planning/rate studies for
utilities, depending on the number of meetings, timeliness in receiving needed data, and
client availability to review interim results. We have committed the necessary resources to
ensure that the study is completed in a timely manner and within budget. It is our
commitment to complete the study within 70 days to the point of having a draft rate report
available for the Utility's review. Completion of the final report and meetings to present
all study findings and recommendations to the Round Rock City Council will be scheduled
to coincide with the mid-August council retreat.
9
BLACK & VEATCH
ESTIMATED BUDGET NEEDED FOR ROUND ROCK WATER/WASTEWATER COST OF SERVICE
Description
Estimated Billing Hours
Director Senior CnsltntI Consultant I Senior Associa
Total
Cost
Hours
Meetings & Presentations:
Project Start Meeting 0.00 8.00 8.00 0.00 16.00 $ 2,280.00
Council Retreat Presentation 0.00 8.00 0.00 0.00 8.00 $ 1,320.00
Staff Training 0.00 0.00 16.00 0.00 16.00 1,920.00
Subtotal Meetings & Presentations 0.00 16.00 24.00 0.00 40.00 $ 5,520.00
Projects - COS Study:
Model Redesign and Revision 0.00 16.00 8.00 32.00 56.00 $ 6,640.00
Revenues 0.00 0.00 0.00 16.00 16.00 1,520.00
Revenue Requirements 0.00 0.00 0.00 16.00 16.00 1,520.00
Plant Data/Cost Allocation 0.00 0.00 4.00 16.00 20.00 2,000.00
Cost of Service 0.00 16.00 10.00 24.00 50.00 6,120.00
Standard Rates & Rate Recommendations 0.00 8.00 6.00 16.00 30.00 3,560.00
Conservation Rate Design 0.00 16.00 7.00 8.00 31.00 4,240.00
COS Model Review 0.00 8.00 8.00 5.00 21.00 2,755.00
Report 0.00 8.00 8.00 8.00 24.00 3,040.00
Subtotal Projects 0.00 72.00 51.00 141.00 264.00 $ 31,395.00
General Update Projects, Meeting & Presentations:
Total Hours
Average Billing Rate
88.00 75.00 141.00 304.00
$ 210.00 $ 165.00 $ 120.00 $ 95.00
Total Costs:
Labor Costs $ 0.00 $ 14,520.00 $ 9,000.00 $ 13,395.00 $ 36,915.00
Estimated Expenses @ 5.5% 2,000.00
Total Budget Amount $ 38,915.00
DATE: June 8, 2006
SUBJECT: City Manager Approval - June 9, 2006
ITEM: Consider a resolution authorizing the City Manager to execute an
Agreement with Black and Veatch Corporation for the Water and Wastewater
Rate Studies.
Department: Finance Department
Staff Person: Cindy Demers
Justification:
The City has contracted with Black and Veatch for
assistance in the Water and Wastewater Revenue
Requirement Determination, Cost of Service Analyses,
Rate Design Studies and Rate Model update.
Funding:
Cost: $38,915.00
Source of funds: Utility Fund
Background Information: In January 2003, the City contracted with
Black and Veatch for a comprehensive water
and wastewater revenue requirement
determination, cost of service analysis, and
rate design. A new rate model was created to
help with financial planning and rate design.
As the City has continued to grow, the Water
and Wastewater Utilities have seen changes to
their operational and capital needs. Due to
these changes, a cost of service analyses and
rate model update is needed.
Updated 3-10-05