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Home My WebLink About12-03-18 City Commission Packet Materials - C6. Amendment 1 to PSA with AE2S for Water and Wastewater Rate Design Studies Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kristin Donald, Finance Director SUBJECT: First Amendment to the Professional Services Agreement with AE2S, LLC for Water and Wastewater rate studies MEETING DATE: December 3, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the First Amendment to the Professional Services Agreement with AE2S Nexus, LLC for Water and Wastewater rate studies. BACKGROUND: In August 2017, the City selected AE2S Nexus, LLC to prepare cost of service studies and rate models for the Water system and Wastewater system. We are in need of amending the initial contract so that we can: look further into analysis of policies regarding industrial rates and water conservation, further revise some of our capital and staffing plans, and schedule consultant presentation (they refer to as “workshop”) and final report in early 2019. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the Commission FISCAL EFFECTS: The cost of the contract amendment is $41,777. It will be charged to the Water and Wastewater funds at a 50/50 split; $21,889 each. Report compiled on: November 20, 2019 78 First Amendment to Professional Services Agreement for water and wastewater cost of service and rate design FY 2018 – FY 2019 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR water and wastewater cost of service and rate study dated November 6, 2017(the “Agreement”) is made and entered into this 3 day of December, 2018, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” AE2S Nexus LLC, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 4 of the Agreement is extended and will terminate upon completion of the work included in the Scope of Services of Exhibit A. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 79 First Amendment to Professional Services Agreement for water and wastewater cost of service and rate design FY 2018 – FY 2019 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA AE2S NEXIUS LLC By________________________________ By_____________________________ Andrea Surratt, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 80 November 13, 2018 City of Bozeman Attn: Kristin Donald, MBA Finance Director P.O. Box 1230, 121 N Rouse Avenue Bozeman, MT 59771-1230 Re: Request for Amendment #1: Water and Wastewater Utility System Cost of Service & Rate Design Study Dear Kristin: The purpose of this letter is to request an extension of the effective date and a scope and fee amendment under the existing agreement between the City of Bozeman and AE2S Nexus (Nexus) for the Water and Wastewater Utility System Cost of Service & Rate Design Study. Paragraph 4 of the Agreement, dated November 6, 2017, notes that the parties must agree in writing upon any additional costs associated with deviation from the described services within the Agreement, and that additional charges must be agreed upon in writing. Based on our discussions regarding changes to the original agreement, we respectfully request to amend the contract and compensation as follows: 1.Amendment to Payment Amount. AE2S is requesting additional payment in an amount up to $43,777 increasing the total contract maximum to $150,123. Key project components falling outside of the original contract are outlined below. A summary table containing the additional scope items is also included. a.Revised Approach to Commission Engagement and Project Completion: At the direction of City staff, the Commission meeting at which it was originally intended that final results would be presented was utilized instead to initiate rate-setting policy discussion. This resulted in a change in direction for the project, which was nearing completion, and halted finalization of the Water and Wastewater study reports that were in the process of being drafted. b.Rate Model Updates: Based on original study results, City staff determined that the existing capital plans included to the rate models should undergo detailed review and rework. In addition, staffing concerns have been raised and are under review. The rate models, rate projections, and reserve funding recommendations will be updated to reflect the newly developed capital and staffing plans as they become available and a coordination meeting with City staff will be conducted to review revised modeling results. c.Commission Workshop: As a follow-up to the policy presentation in August, AE2S will prepare for and attend an additional Commission meeting for further discussion based on updated capital values and input from the previous Commission meeting. Prior to this workshop and following updates to the rate models, AE2S Nexus will hold a teleconference with City staff prior to review the updated results and discuss content for presentation and discussion at the Commission Workshop. AE2S Nexus will then prepare a summary memorandum for the Commission for review prior to the workshop. Exhibit A 81 Ms. Kristin Donald City of Bozeman Re: Request for Amendment #1: Water and Wastewater Utility System Cost of Service & Rate Design Study November 13, 2018 Page 2 of 2 d. Delivery of Final Results: Following completion of the Commission Workshop, revisions will be made to the analyses based on Commission input and the final reports will be revised to reflect updated results. Recommendations will be updated to reflect policy discussions with the Commission. Following review of the reports by City staff, final reports will be provided. The finalized models will also be provided to the City and AE2S Nexus staff will provide training regarding use of the models via teleconference. The below table outlines a summary of all tasks, labor, and expenses estimated for the completion of the additional scope of services requested. Task Hours Labor Expense Total Revised Approach to Commission Engagement/Project Completion 41 $7,623 $7,623 Industrial Rate Clarifications 4 $770 $770 Rate Model Updates based on Revised Capital and Staffing Water 20 $3,630 $3,630 Wastewater 20 $3,630 $3,546 Rate Model Updates Review Meeting w/ City Staff 6 $1,074 $1,074 Commission Workshop Prepare Summary Information for Commission Review 18 $3,231 $3,231 Commission Workshop Preparation 12 $2,193 $2,193 On-Site Commission Workshop (Includes Travel) 16 $3,392 $1,250 $4,642 Revisions to Policy and Analysis based on Commission Feedback 21 $3,814 $3,814 Delivery of Final Results and Recommendations Final Report Preparation and Revisions 38 $6,304 $500 $6,804 Final Results Presentation to Commission (Includes Prep and Travel) 26 $5,116 $1,250 $6,366 Total Contract Amendment Request $43,777 In consideration of the above outlined changes to the scope and schedule of the work, we are respectfully requesting an amendment to the Agreement. AE2S Nexus greatly appreciates the continued opportunity to provide professional service to the City of Bozeman. If you have any questions or require any additional information regarding this amendment request, please do not hesitate to contact me at (701) 746-8087. Sincerely, AE2S Nexus Shawn Gaddie, PE General Manager 82