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HomeMy WebLinkAbout1995-02-14; Municipal Water District; 268; Potable Water, Reclaimed Water & Sewer Rate Study0 1w B a % hh- iICIPAL WATER DISTRICT ZENDA ,B# 0268 TITLE: ITG. 2 -/‘?q5 Award of Contract for Potable Water, Reclaimed Water and IEPT. CMWD Sewer Rate Study IECOMMENDED ACTION: Adopt Resolution No. 895 awarding a contract to hire Montgomery Watson to perform a rate study. ITEM EXPLANATION: The District has never formally conducted a water rate study. Prior to CMWD becoming a subsidiary of the City, CMWD wholesaled water to the City, which then retailed to customers. Since the District has become a subsidiary district of the City of Carlsbad, the Metropolitan Water District and the San Diego County Water Authority have implemented different financing strategies. We have experienced a prolonged drought that has caused both Metropolitan and the Water Authority to change their policies regarding financing plans for their capital improvement programs. Also, the District is in need of updating its analysis of the fixed portion of its water rate versus the variable portion. And now that the reclaimed water system is on line and expanding, an analysis of the reclaimed water financing strategy must be performed. For these reasons, the District has taken steps to proceed with a formal water rate study. The overall goal of this project is to establish a comprehensive water rate structure that will accommodate system revenue requirements and support day-to-day operations with minimal .impacts on customers. It is expected that the study will be far enough along that a recommended rate structure can be implemented at the beginning of fiscal year 1995-96. The study will also provide guidance in setting rates for the following five years. Staff mailed a Request For Proposal (RFP) to ten firms qualified to perform this type of study and received eight replies. Based on the evaluation criteria, the list was narrowed to four, and a team of four staff members interviewed each of the four agencies. As a result, Montgomery Watson was chosen as the firm that was most responsive to the RFP and best met the evaluation criteria. For a fee not to exceed $100,000, Montgomery Watson will provide the following analyses as part of the rate study. Potable Water Rates l Per unit (commodity) charge and monthly delivery charge and the allocation of costs between these two charges. l Existing water use patterns of each customer classification l Evaluation of drought penalty rate, lifeline rate, and conservation l Evaluation of existing rates and recommendations for changes. l Computer program model of the recommended water rate so t update rates in the future and create “What If” scenarios. rate hat staff can l Recommendations on how to incorporate flexibility into the rates to account for outside impacts, such as actions taken by the San Diego County Water - Page 2 of Agel tda Bill No. gbg Authority and the Metropolitan Water District, changes in various state and federal regulations, and potential droughts. Reclaimed Water Rates l Per unit (commodity) charge and monthly delivery charge, taking into account MWD’s agricultural discount. l Effect on potable water revenue system as reclaimed system expands. l Evaluation of existing rates and recommendations for changes. Sewer Rates l An update of the sewer rate study performed by Montgomery Watson in 1989. l Computer program model of the sewer rate so that staff can update rates in the future and create “What If” scenarios. Connection Fees l Sufficiency of Major Facilities Fees to cover costs of future water delivery needs, which correspond to the CIP. l Recommendations for optimum method of charging connection fees. Financing Options l Recommendations on how to fund two large projects: lining and covering Maerkle Reservoir and construction of Phase II of the Reclaimed Water Master Plan. l How to integrate capital planning with rate analysis. l Financing for development of alternate water resources. Cost of Delivery Analysis As part of the overall rate study, this analysis will provide information on what it costs to deliver water to each customer classification. This will help determine what effects, if any, that various water rate alternatives will have on certain customers. Public Involvement A significant aspect of this study will be the implementation of public participation into the rate process. A group of ten to fifteen citizens will form a committee that will act as an advisory committee to the staff, as well as a sounding board for ideas and rate setting methods. Staff feels that this component of the project is very important to the success of the study. More and more, public agencies are involving members of the public with the goal of learning the public’s concerns, needs and values in order to incorporate them into governmental decision- making. It is a two-way communication process with the overall goal of making better decisions that are supported by the public. The purpose of this facet of the study is to inform the public, get the public’s reactions regarding proposed actions or policies, and engage the public in problem solving to come up with the best solution for everyone. - Page 3 of Agenda Bill Nti a6 8 We are anticipating six to eight meetings of the citizen’s committee. The meetings will consist of at least two background sessions to educate the members about the District and how it functions, the San Diego County Water Authority and the Metropolitan Water District and how these agencies affect the District, and then the issues facing the District with regard to rates and financing. Following this educational process, Montgomery Watson will facilitate discussions about the various issues that we are trying to resolve. The number of meetings is not yet certain, and will be contingent upon how quickly the committee can come to consensus. The composition of the citizens’ committee will be representatives of the various customer classifications in the District’s service area, as well as members of specific interest groups. Staff will work in conjunction with Montgomery Watson to determine the appropriate members and will contact the groups to ask for participant nominations. It is anticipated that there will be ten to fifteen members on the committee. FISCAL IMPACT: The District budgeted $105,000 between the three enterprise funds (water, reclaimed water and sewer) for Miscellaneous Professional Services, in anticipation of conducting a rate study. The Montgomery Watson’s proposal is to provide the services outlined above for a fee not to exceed $100,000. Therefore, there are sufficient funds to cover the cost of the rate study. EXHIBITS: 1. Resolution No. 8s S Awarding a Contract to Montgomery Watson to Perform a Rate Study. 2. Contract between Montgomery Watson and the Carlsbad Municipal Water District to perform a rate study. 3 - 1 2 3 4 5 6 7 E S 1C 13 12 1: 11 li 11 1’ 1; 1’ 21 2 2 2 2 2 2 2 2 RESOLUTION NO. 895 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, AWARDING THE CONTRACT TO MONTGOMERY WATSON TO PERFORM A RATE STUDY WHEREAS, the Carlsbad Municipal Water District is in need of a formal rate ;tudy; and WHEREAS, the District staff has mailed Request For Proposals to ten qualified irms and received eight replies; and WHEREAS, the proposals were evaluated in accordance with the Municipal Zode; and WHEREAS, funds for the hiring of a firm to perform the rate-study are available rom the water, sewer and reclaimed water operating budgets. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the above recitations are true and correct. 2. That Montgomery Watson best met the evaluation criteria. 3. That the President is authorized to execute the, contract attached hereto (Exhibit 2) with Montgomery Watson Americas, Inc., to perform a rate study. 4. That the contract for a rate study is awarded to Montgomery Watson Jmericas, Inc. 5. That an ad hoc citizens’ committee will be established for the purpose of oroviding input to the rate setting process. /If //I /I/ /// If/ - 1 2 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad 3 Municipal Water District held on the 14th day of FEBRUARY , 1995, 4 by the following vote, to wit: 5 AYES: Board Members Lewis, Nygaard, Kulchin, Finnila, Hall 6 NOES: None ABSENT: None 10 /I ATTEST: TENKRANZ, Secretab ‘* (SEAL) 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 - EXHIBIT 2 AGREEMENT THIS AGREEMENT, made and entered into as of the 21st day of FEBRUARY , 192, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation, hereinafter referred to as “District,” and MONTGOMERY WATSON AMERICAS, INC., hereinafter referred to as “Consultant.” RECITALS District requires the services of a Rate Study Consultant to provide the necessary consulting services for preparation of a comprehensive rate study; and Consultant possesses the necessary skills and qualifications to provide the services required by the District; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, District and consultant agree as follows: 1. CONSULTANT’S OBLIGATIONS a. Analysis of Potable Water Rates, to include: 1) per unit and monthly delivery charge analysis and recommendation of cost allocations between the two charges; 2) recommendation regarding delivery charge for multi-family dwelling units served by a master meter and resulting charges to remaining customers; 3) evaluation of existing water use patterns and revenues from various sources; 4) evaluation of drought penalty rate (inclining block water rate or other mechanisms; 5) recommendation regarding lifeline water rates. b. Analysis of Reclaimed Water Rates, to include: 1) recommendation regarding optimum rate for reclaimed water for both commodity and monthly fixed rates, taking into account MWD’s agricultural discount; 2) analysis of other customer fees to contribute to the reclaimed water fund; 3) projection of long-term effects on the potable water revenue system as more reclaimed customers are added. C. Analysis of Water Connection Fees (a.k.a. Major Facilities Fee), to include: 1) sufficiency of the connection fees to cover the costs of the future water delivery needs, which correspond to the Capital Improvement Plan; 2) presentation of various methods of charging connection fees with a recommendation of optimum method; 3) whether new construction connecting to existing water and sewer systems should pay a connection fee. d. Recommendations of financing options for 1) the lining and covering of Maerkle reservoir, and 2) acquisition of property for and construction of an advanced wastewater treatment plant as part of Phase II of the Reclaimed Water Master Plan. In addition, the following issues are to be addressed: 1) how to integrate capital planning with rate analysis and 2) how to collect funds to develop alternative water resources. -- e. Cost of Delivery Analysis f. Public Involvement Program, to include: 1) Identification and selection of citizens committee members; 2) six meetings with the citizens committee; 3) preparation for meetings and final report; 4) media relations. 9 Sewer Rate Update, to include: 1) analysis of current sewer rates and recommendations for changes; 2) public involvement .process for issues dealing with the sewer rate. h. Sensitivity analysis of the various fees illustrating the effects of different methods of implementation. i. Recommendations regarding how to incorporate flexibility into rates to account for irregular growth, the City of Carlsbad’s Growth Management Plan, drought impacts and changes in various state and federal regulations. i- Deliverables to include: 1) ten copies of the draft report of rate study; 2) 25 copies of the final report of the rate study; 3) two computer rate models -- one for water rates and one for sewer rates -- on a computer diskette in Excel 4.0 for Windows format; and 4) written instructions on use of computer models. 2 Rev. 8/24/94 k. Training for staff on use of computer models 2. DISTRICT OBLIGATIONS The District shall provide the necessary information required by the Consultant in a timely fashion in order to accomplish the Consultant’s obligations stated above. The District shall review and recommend changes to the draft report. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the District and be completed within 240 days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the General Manager. The General Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by District inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to paragraph 6, “Payment of Fees,” and shall be $100,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The District reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the District. 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the Executive Manager for one additional one (1) year periods or parts thereof, based upon satisfactory performance and the District’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 3 Rev. w24/94 6. PAYMENT OF FEES On the twelfth (12th) working day of each month, Consultant shall submit his/her invoice for work performed during the prior month. Payment of approved items on the invoice shall be mailed to the Consultant prior to the thirtieth (30th) day of the month the invoice was submitted. 7. FINAL SUBMISSIONS Within fifteen (15) days of completion and approval of the draft rate study report, the Consultant shall deliver to the District the following items: a. Ten (10) copies of the final rate recommendations in a bound format. b. One computer diskette including the water rate calculation model on EXCEL 4.0 for Windows. -- C. One computer diskette including the sewer rate calculation model on EXCEL 4.0 for Windows. d. Documentation explaining the two models, the data requirements and methods to update the models. a. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the District, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the District may request a change in the contract. Such changes shall be processed by the District in the following manner. A letter outlining the required changes shall be forwarded to the District by Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A supplemental agreement shall be prepared by the District and approved by the District according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. 4 Rev. 0124i94 - 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the District shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. -- 10. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work as provided for in this contract, the District may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the Consultant. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the District and all work in progress to the General Manager. The General Manager shall make a determination of fact based upon the documents delivered to District of the percentage of work which the Consultant has performed which is usable and of worth to the District in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. 5 Rev. a/24/94 - 12. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant or the District General Manager. A copy of such documented dispute shall be fontvarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The District General Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the -- aggrieved party, a letter outlining the dispute shall be forwarded to the District Board of Directors for their resolution through the Office of the Executive Manager. The District Board of Directors may then opt to consider the directed solution to the problem. In such cases, the action of the Board shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. An the event of such suspension or termination, upon request of the District, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to District. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The District shall make the final determination as to the portions of tasks completed and the compensation to be made. 6 Rev. 0124194 - 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s own way as an independent contractor and in pursuit of Consultant’s independent calling, and not as an employee of the District. Consultant shall be under control of the District only as to the result to be accomplished, but shall consult with the District as provided for in the request for proposal. The persons used by the Consultant to provide services under this agreement shall not be considered employees of the District for any purposes whatsoever. The Consultant is an independent contractor of the District. The payment made to the Consultant pursuant to the contract shall be the full and complete compensation to which the Consultant is entitled. The District shall not make any federal or state tax withholdings on behalf of the Consultant or his/her employees or subcontractors. The District shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Consultant or his/her employees or subcontractors. The Consultant agrees to indemnify the District for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the District may be required to make on behalf of the Consultant or any employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. 7 Rev. al24B4 I : -- The District will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the District, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the District. Consultant shall have the right to make one (1) copy of the plans for his/her records. 17. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in District and hereby agrees to relinquish all claims to such copyrights in favor of District. -- ia. HOLD HARMLESS AGREEMENT The District, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of Consultant or Consultant’s agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and harmless the District and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney’s fees which are incurred by the District on account of any of the foregoing. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the District. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the District for the 8 Rev. 8I241’94 - acts and omissions of Consultant’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing’ contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the District. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the District. 21. PROHIBITED INTEREST No official of the District who is authorized in such capacity on behalf of the District to negotiate, make, accept, or approve, or take part in negotiating, making, -- accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the District who is authorized in such capacity and on behalf of the District to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the District, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Consultant to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 9 Rev. W241’94 I i - 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The District has determined, using the guidelines of the Political Reform Act and the District’s conflict of interest code, that the Consultant will not be required to file a conflict of interest statement as a requirement of this agreement. However, Consultant hereby acknowledges that Consultant has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Consultant from this responsibility. 26. INSURANCE -- The Consultant shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker’s compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91- 403 in an insurable amount of not less than one million dollars ($1 ,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be canceled without thirty (30) days prior written notice to the District sent by certified mail. 10 Rev. a/24/94 / Executed by Consultant this 12TH day of JANUARY ,1995 . CONSULTANT: MONTGOMERY WATSON CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporation By: ATTEST: LEE ALDRIDGE (print name here) VICE PRESIDENT MONTGOMERY WATSON AMERICAS, INC. (title and organization of signatory) Secretary (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: District Legal Counsel .’ 11 8 - - 6 CALIFORNIA Al-L-PURPOSE ACKNOWLEDGMENT NO 5907 - LTld&p- State of i County of j’- J&c* /- p-Y>- Y On before me, DATE personally appeared NAME. TITLE OF OFFICER . E.G “JANE WE. NOTAR &j&&$2@ SAME(S) OF SIGNER(S) 1 g personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person#$whose namefl is&e- subscribed to the within instrument and ac- knowledged to me that heM&hey-executed .- --. ),-, -;;;,c-%wMw +. authorized ; ;*p ‘;*“i’ 43 ‘\, ‘.. 3 CFFIClhL NQT:~R‘,‘CL.SL ” the same in hislbprlthhlc DONNA M AliCml :* * ;;;;+j : f ($1. tww~~;c; mya ” capacitym, and that by his/h-&thM ’ . ‘.‘.)q- 1. n Y / My Co:r.ni.&h?s JUi4 16. iz?5 :, signature)&- on the instrument the person(c ,’ \ _ _ ‘,S e, or the entity upon behalf of which the i .- f.~~.yqF-y. ~l.-e~C personficted, executed the instrument. -- WITNESS my hand and official seal. &y-&L &. LL4A./ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITYCLAIMEDBYSIGNER DESCRIPTIONOFATTACHEDDOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL q ATTORNEY-IN-FACT 0 TRUSTEE(S) ; z;;W;fANKONSERVATOR TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES . . DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PtRSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave.. P.O. Box 7184 l Canoga Park, CA 91 X39-7 184