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HomeMy WebLinkAboutContract 53775 r CSC No. 53775 aQR" TA - Black&Veatch Management Consulting, LLC BLACK&VEATCH 11401 Lamar Avenue Overland Park,KS 66211 949-302-6017 Buia@bv.com March 25,2020 Mrs.Maenica Berry Assistant Director Fort Worth Water Department 200 Texas Street Fort Worth,TX 76102 Subject:Consulting Service Agreement for Fiscal Year 2021 Retail Water and Wastewater Cost of Service &Rate Study Dear Mrs. Berry: Black&Veatch Management Consulting, LLC,("Black&Veatch")is pleased to present the Black&Veatch endorsed draft of the Consulting Services Agreement to perform the Fiscal Year(FY)2021 Retail Water and Wastewater Cost of Service&Rate Study for Fort Worth Water Department("Fort Worth Water"). Three original versions of the Consulting Services Agreement are enclosed. Please fully ratify the Consulting Services Agreements and let us know if you have any questions. We would like to thank you in advance for the opportunity to serve Fort Worth Water in completing this important project. Please contact Richard Campbell at 407-913-4430 or CampbellRL@bv.com if you have any questions or require additional information. Very truly yours, Ann Bui Managing Director Black&Veatch Management Consulting,LLC Copied: Richard Campbell—Managing Director Robert Chambers-Principal ei►` 'Gr Q I ch PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH(the"City"),a home rule municipal corporation situated in portions of Tarrant,Parker,Denton,and Wise Counties,Texas,as executed by Dana Burghdoff,its duly authorized Interim Assistant City Manager, and Black&Veatch Management Consulting,LLC ("Consultant"),a limited liability company,as executed by Robert E.Welch,its duly authorized Senior Vice President and COO,each individually referred to as a"party"and collectively referred to as the "parties." CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A—Scope of Services All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.In the event of any conflict between the documents,the terms and conditions of this Professional Services Agreement shall control. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with Fiscal Year 2021 Retail Water and Wastewater Cost of Service and Rate Study. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit"A,"Scope of Services,more specifically describing the services to be provided hereunder. Consultant warrants that it will exercise reasonable skill, care and diligence in the performance of its services and will carry out its responsibilities in accordance with customarily accepted professional practices and applicable laws. 2. TERM. This Agreement shall commence upon the date of full execution("Effective Date") and shall expire September 30,2020,unless terminated earlier or extended in accordance with the provisions of this Agreement or agreed upon by written amendment to this Agreement by both parties. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $65,450 in accordance with the provisions of this Agreement and the Payment Schedule shown in Exhibit "A," which is incorporated for all purposes herein.Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and both parties approve in writing the additional scope,schedule,and costs for such services. Either party may seek a change order for a change in scope schedule and costs related thereto,which must be agreed upon by both parties by a written amendment to this Agreement. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. If there is any conflict between the terms of Exhibit"Al"and this Section 3, this Section 3 shall prevail. CITY SECRET A.c,`�` FT.WORTH,J,,{ 4. TERMINATION. 4.1. Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Non-gpprWriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder,City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date,the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees promptly to make full disclosure to the City in writing upon its first knowledge of such conflict. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City, except to the extent that such disclosure is required by applicable law or court order and then only after prior notice to and consultation with the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City promptly if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Consultant agrees that the City shall,until the expiration of three (3)years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant at least five (5)business days' advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall,until expiration of three(3)years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. Page 2 of 9 The audit rights conferred by this section shall not permit the City to access records related to the pricing of fixed price or lump sum amounts, the build-up of agreed rates or unit prices, or Consultant's estimating records. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent,representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants,employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS,AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES,DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES,FOR PERSONAL INJURIES (INCLUDING DEATH) AND THIRD-PARTY PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT.THE CONSULTANT SHALL NOT BE OBLIGATED OR LIABLE TO THE CITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEPT ITS OWN NEGLIGENCE THAT IS THE FAULT OF THE CONSULTANT, AND/OR ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS,OR OTHERS FOR WHOM CONSULTANT IS LEGALLY RESPONSIBLE. NOTWITHSTANDING THE FOREGOING, CONSULTANT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES AGAINST COSTS, DAMAGES, OR LOSSES, INCLUDING REASONABLE ATTORNEYS'FEES AND EXPENSES,RESULTING FROM CLAIMS BY THIRD PARTIES FOR PERSONAL INJURIES (INCLUDING DEATH) OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE PERFORMANCE OF PROFESSIONAL DESIGN AND ENGINEERING SERVICES UNDER THIS AGREEMENT. CONSULTANT SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FOR THEIR RESPECTIVE NEGLIGENCE OR WILLFUL MISCONDUCT. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement, and Consultant shall have no further liability or obligations under the assigned portion of the Agreement. If the City grants consent to a subcontract, the Page 3 of 8 Consultant shall require such subcontractor to execute a written agreement with the Consultant referencing this Agreement and requiring subcontractor to be bound by duties and obligations substantially similar to those of the Consultant under this Agreement as such duties and obligations may apply to the subcontractor's scope of services. The Consultant shall provide the City with a fully executed copy of any such subcontract upon request,with any financial and proprietary information redacted. 10. INSURANCE. Consultant shall provide the City with certificate(s)of insurance documenting policies of the following coverage limits that are to be in effect prior to commencement of any services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle"shall be any vehicle owned,hired and non-owned. (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accidentloccurrence $100,000 Disease-per each employee $500,000 Disease-policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq., Tex. Rev. Civ. Stat.) and policy limits for Employers' Liability of $100,000 each accident/occurrence,$500,000 bodily injury disease policy limit and$100,000 per disease per employee. (d) Professional Liability(Errors &Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Page 4of8 Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two(2)years following completion of services provided.An annual certificate of insurance shall be submitted to the City to evidence coverage. 10.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any services pursuant to this Agreement. All policies except Workers' Compensation and Professional Liability shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies except Professional Liability and Employer's Liability shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth.The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days' notice of cancellation of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies.Notice shall be sent to the Risk Manager,City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 10.3 Waiver of Subrogation for Property Insurance. The City and Consultant waive all rights against each other and their officers,officials, directors, agents, or employees for damage covered by builder's risk insurance during and after the completion of Consultant's services. If the services result in a construction phase related to the project, a provision similar to this shall be incorporated into all construction contracts entered into by the City,and all construction contractors shall be required to provide waivers of subrogation in favor of the City and Consultant for damage or liability covered by any construction contractor's policy of property insurance, including builder's risk provided by such contractor, if applicable. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall promptly desist from and correct the violation. 12. NON-DISCRUMNATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. Page 5 of 8 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1)hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: To The CITY: To CONSULTANT: City of Fort Worth Black&Veatch Management Consulting,LLC Attn: Chris Harder,Water Department Director Attn: John Chevrette,President 200 Texas Street 11401 Lamar Avenue Fort Worth TX 76102-6311 Overland Park,KS 66211 Facsimile: (817) 392-8654 ChevretteJM@bv.com 14. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement,the City does not waive or surrender any of its governmental powers. 15. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought on the basis of this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 17. SEVERABILITY. If any provision of this Agreement is held to be invalid,illegal or unenforceable, the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeurc), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 19. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Page 6 of 8 20. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 21. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 22. ENTIRETY OF AGREEMENT. This Agreement contains all of the covenants, statements, representations and promises agreed to by the parties. To the extent of any conflict,this Agreement supersedes the terms,conditions,and representations set forth in the City's Request for Proposals,Consultant's Proposal and revised cost. No agent of either party has authority to make, and the parties shall not be bound by, nor liable for, any covenant, statement, representation or promise not set forth herein. The parties may amend this Agreement only by a written amendment executed by both parties. 23. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 24. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. 25.WARRANTY AND LIMITATIONS Contractor warrants that it shall perform the Services in accordance with the standards of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature. If,during the one year period following the earlier of completion or termination of the Services,it is shown there is an error in the Services caused by Contractor's failure to meet such standards, and City promptly notified Contractor in writing of any such error within that period, Contractor shall re-perform, at Contractor's cost, such corrective services within the original scope of Service as may be necessary to remedy such error. Page 7 of 8 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this day of Ani 2020. CITY OF FORT WORTH �y(A � ! X Ile By: l�4 Dana eurghdoff( 4,2U2U) $y Dana Burghdoff GNRiS WA40c- Interim Assistant City Manag/ ,�eRT w�Tt QI��R ATTEST: By: Mary Kayser C3 . City Secretary ' Date: 4/6/2020 T�y�^ APPROVED AS TO FORM AND LEGALITY: By: Czu�L/1-0 ,L BAo2��¢c1tLB Christa R.Lopez1r-R olds�- Sr.Assistant City Attorney No M&C Required Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. A&DW I"n Nam of Employee fTOM AstmTiYE R.�icLS JM�dtG�a. Title BLACK&VEATCH MANAGEMENT CONSULTING,LLC By: f-cm U Steve Uhlmansiek,Associate Vice President Date: March 25,2020 OFFICIAL - WIT '1(� CITY SECKF-. By: Print: Michelle Duck FT. WORTH, Page 8 of 8 Reviewed KAR 3-23-2020 Reviewed PM(Chambers)03/23/2020, R S L EXHIBIT A Scope The Fort Worth Water Department("Fort Worth Water")has requested Black&Veatch Management Consulting, LLC,("Black&Veatch")to provide consulting services in developing a comprehensive retail water and wastewater cost of service&rate study. It is anticipated that this project will commence in February 2020 and conclude at the end of September 2020. Black&Veatch will provide Fort Worth Water with a standard Data Request List as soon as feasible after receipt of a notice to proceed(or approved purchase order)so the compilation of data/information by Fort Worth Water can proceed in a timely manner. Black&Veatch's scope of services will be limited as described in the following tasks. Fiscal Year 2021 Retail Water and Wastewater Cost of Service.&Rate Study Phase I - Project Management, Initiation, and Data Collection & Review Task 'I - Data Collection Purpose: To obtain data and information necessary to develop a projection of revenue requirements, customer accounts&volurnes, and other data needed to perform the cost of service analysis and rate design tasks. Subtasks: This task will require completion of the following subtasks: 1.1.1 If necessary, Fort Worth Water will issue follow-up data requests to various Divisions or other City Departments for additional information and/or to clarify any data-related questions. Task 2 - Data Review Purpose: To gain an understanding of the information gathered and ensure that such information is sufficient enough,and In the correct format,to complete the project. Subtasks: This task will require completion of the following subtasks: 2.1 Black&Veatch,along with Fort Worth Water,to review available background documents related to water&wastewater operations;and « Operating and capital budgets; * Official Statements or other related documents for current outstanding debt obligations; Projected capital outlays for ongoing and future projects; ® Renewal &Replacement,and Operating Cash Reserve requirements; Current and historical customer information; Operating statistics(gallons of water pumped,gallons of wastewater treated, etc.);and All wholesale&retail service contracts established by Fort Worth Water. 2.2 Black&Veatch will review current water&wastewater rate schedules and policies. Page 8 of 8 Task 3 - Identify Goals and Objectives Purpose: To ensure that rates and charges developed directly correlate to Fort Worth Water's goals and objectives relating to operations and rate setting policies. Subtasks: This task will require completion of the following subtasks: 3.1 Black&Veatch, along with Fort Worth Water,will discuss and identify rate-making goals and objectives including, but not limited to,the following: Rate and revenue stability; * Full cost recovery; * Minimizing rate impact on customers; Comparability with neighboring utilities; Equitable application among and within customer classes; ® Ease of implementation;and ® Administrative efficiency. 3.2 Black&Veatch and Fort Worth Water will discuss the conceptual retail rate design strategy and accompanying retail rate structure based upon the defined objectives. Black &Veatch will provide guidance on potential retail rate structures,encouraging revenue stability,as well as contemplated changes to the retail rate structure. Phase II - Billing Determinants and Revenue Requirements Task 1 - Identify & Determine Billing Determinants Purpose: To gain an understanding of the customer base and usage characteristics associated with the water & wastewater system. The water & wastewater systems' billing determinants in the form of customer accounts, meters by size, and the associated usage provide the revenues necessary to operate the systems and are the primary factors utilized in developing proposed user rates and charges. Fort Worth Water will provide Black & Veatch with guidance on recent growth rate projections regarding number of customer accounts, and the determination of normalized annual billing determinants. Subtasks: This task will require completion of the following subtasks: 1.1 Black &Veatch, along with Fort Worth Water, will review historical customer and billing data; 1.2 Black&Veatch, along with Fort Worth Water, will identify customer classifications based on the current and anticipated customer mix; 1.3 Black&Veatch,along with Fort Worth Water,will identify customer usage characteristics within each customer class; 1.4 Black & Veatch will utilize historical growth statistics and recent trends, in consultation with Fort Worth Water,to develop a projection of water&wastewater system customers and volumes into the future;and 1.5 Black&Veatch,along with Fort Worth Water,will determine normalized annual billing determinants of wastewater usage(volumes)from a winter quarter average for Residential customer class bills,in consultation with Fort Worth Water. Page 8 of 8 Task 2 - Determine Net Revenue Requirements Purpose: To ensure all costs incurred to provide retail water & wastewater service are recovered from proposed user rates and charges. Subtasks: This task will require completion of the following subtasks: 2.1 Black&Veatch,along with Fort Worth Water,will review and identify applicable operating costs; 2.2 Black& Veatch, along with Fort Worth Water, will determine anticipated non-operating and capital costs to be recovered through rates(including debt service and related reserves and coverage requirements, capital outlays, transfers, renewal and replacement costs, etc.); 2.3 Black & Veatch, along with Fort Worth Water, to determine pro-forma adjustments as necessary for the fiscal year in which rates will be developed (the"Test Year");and 2.4 Slack & Veatch, along with Fort Worth Water, will review other available sources of revenue used to offset revenue requirements. Phase III - Five-Year Projected Operating Results (PY 2021 -2025) Task 1 - Project Net Revenue Requirements Purpose: To provide an estimate of expenditures anticipated in future years and establish a basis for projecting future revenue needs. Subtasks: This task will require completion of the following subtasks: 1.1 Black&Veatch will determine estimated Test Year revenue requirements from the FY 2021 Proposed Budget, outstanding debt service schedules, and the Proposed Capital Improvement Program(CIP) Plan,as a basis for performing projections; and 1.2 Black & Veatch, along with Fort Worth Water, will determine inflationary and customer growth factors to project the revenue requirements through the projection period on a line-item by line-item basis. Task 2 - Project User Rate and Charge Revenues Purpose: To provide an estimate of user rate and charge revenues that will be derived from the application of proposed rates. The projected customer accounts and volumes will be utilized in conjunction with any anticipated rate adjustments necessary to meet projected revenue requirements. Subtasks: This task will require completion of the following subtasks: 2.1 Black&Veatch will apply proposed water&wastewater rates to projected customers and volumes in order to estimate the revenues that will be generated as a result of normal customer growth;and 2.2 Black & Veatch will compare projected revenues to estimated revenue requirements in order to determine the approximate revenue surpluses/deficits for each fiscal year of the projection period;and 2.3 Fort Worth Water will provide guidance to Black&Veatch on anticipated rate adjustments for the projection of User Rate and Charge Revenues. Page 8of8 Task 3 - Update the Retail Water &Wastewater Rate Model Purpose: To enable the respective models to provide a summary estimate of the cash flows related to operating the water & wastewater systems for the projection period utilizing a user-friendly dashboard. Subtasks: This task will require completion of the following subtasks: 3.1: Retail Rate Model Update - Black&Veatch will update the current retail rate models to include cash flow statements, as well as a user-friendly dash board,for Fort Worth Water staff. 3.2 Retail Rate Model Update — Black & Veatch will review all calculations and assumptions utilized in the Retail Rate Models. Task 4 - Develop Projected Operating Results Purpose: To provide a summary estimate of the cash flows related to operating the water & wastewater systems. Subtasks: This task will require completion of the following subtasks: 4.1 Black&Veatch will develop a schedule of the projected operating results that provides a summary of projected revenues and accompanying revenue requirements for each fiscal year of the projection period;and 4.2 Black&Veatch will utilize summary results to identify the order of magnitude of water& wastewater rate adjustments required in future years. Task 5 - Review Results Purpose: To review the summary estimate of the cash flows related to operating the water& wastewater systems. Subtasks: This task will require completion of the following subtasks: 5.1 Black & Veatch and Fort Worth Water staff will meet and review the retail water & wastewater system operating results over the planning period. Any potential changes to projected revenue requirements and/or customer growth should be finalized after obtaining Fort Worth Water's input on Transfers to the General Fund(both the amount of transfers and timing). Phase IV - Cost of Service Analysis & Rate Design Task 1 - Conduct Cost of Service Analysis and Allocation of Revenue Requirements Purpose: To establish an equitable retail rate structure, determine the appropriate rate components and develop a methodology for allocating the net revenue requirements to applicable rate components. The allocation of net revenue requirements will define the total costs to be recovered through each component of the rate structure. Subtasks: This task will require completion of the following subtasks: 1.1 Black&Veatch,along with Fort Worth Water staff, will review the existing rate structure for equity of application to customers,and consistency with the objectives of the City; Page 8 of 8 1.2 Black&Veatch will develop a cost of service analysis to fairly and equitably allocate costs to the various customer classes; 1.3 Black&Veatch will propose retail rate structure modifications as necessary to satisfy the primary objectives,and Black&Veatch will provide guidance and consultation on potential retail rate structures encouraging revenue stability and any potential changes to the retail rate structure;and 1.4 Black&Veatch will establish rate components based on the proposed retail rate structure. Task 2 - Design Water Rates Purpose: To calculate a schedule of retail water&wastewater user rates and charges that equitably recover projected net revenue requirements. Subtasks: This task will require completion of the following subtasks: 2.1 Black & Veatch will determine monthly charges based on allocated net revenue requirements and billing determinants,including- * Customer costs;and Volumetric rates. The Customer charges developed above by Black & Veatch will reflect the utility's fixed cost to serve an individual customer, whether or not that customer is currently taking water and/or wastewater service or not. 2.2 Black&Veatch will prepare a proof of revenue analysis to ensure that proposed rates, as applied to estimated customer accounts and volumes,will generate sufficient revenue to meet the projected net revenue requirements. 2.3 Once the proposed retail rates are developed, they will be evaluated to ensure that they comply with the goals and objectives set forth by Fort Worth Water. 2.4 Additionally, proposed retail rates will be addressed to identify any potential impact on system revenues due to an increase in rate levels or changes in rate structure. Task 3 - Prepare Customer Impact Analysis/Rate Comparisons Purpose: To assess the impact of proposed retail rates upon various classes of customers with different usage levels. In addition, the comparability of proposed retail rates to other neighboring utility systems selected by Fort Worth Water will be addressed. Subtasks: This task will require completion of the following subtasks: 3.1 Black &Veatch will update the impact assessment analysis section within the retail rate models for the proposed rates and classes of users identified in the rate study; 3.2 Black &Veatch will update the impact assessment analysis section within the retail rate models for the proposed rates compared to existing rates;and 3.3 Black&Veatch will prepare rate comparisons of proposed retail ratesversus those of other neighboring utilities. Phase V - Prepare Draft and Final Reports Task 1 - Prepare Draft Report— Provide Electronic Copy Purpose: Black&Veatch will present the preliminary study findings and recommendations in a draft report format for review by Fort Worth Water Staff. Page 8 of 8 Subtasks: This task will require completion of the following subtasks: 1.1 Black&Veatch will prepare and forward an electronic copy of the draft report in a near- final format to be reviewed,changed,and/or corrected as necessary by Fort Worth Water Staff. Task 2 - Review Draft Report Purpose: Fort Worth Water Staff and Black&Veatch will discuss and document any necessary changes to the draft report,as well as its retail rate models. Subtasks: This task will require completion of the following subtasks: 2.1 Black&Veatch will discuss preliminary findings with Fort Worth Water staff;and 2.2 Black & Veatch will incorporate any changes and/or corrections provided by Fort Worth Water Staff into the report. Black & Veatch will make any subsequent changes and/or corrections in the retail rate models. Task 3 - Prepare Final Report— Provide Electronic Copy Purpose: To document the overall findings in a complete and concise report for Fort Worth Water. Subtasks: This task will require completion of the following subtasks: 4.1 Black&Veatch will prepare and deliver an electronic cop of the Final Report; Consultant Fee Black&Veatch estimates that to provide the consultative services identified herein for a not-to-exceed fee of $65,450, inclusive of direct expenses. Provided below is Black&Veatch's proposed rate schedule for professionals working on this engagement. Position Administrative $100 Analyst $185 Senior Analyst $190 Consuftant $200 Manager $250 Principal $275 Director $285 Managing Director $300 Plus direct expenses charged at cost Any additional work requested by Fort Worth Water, not contained within this scope of work,will be invoiced by Black&Veatch for the hours agreed upon multiplied by respective billing rates noted above(plus any direct expenses). No additional work will be undertaken without approval from Fort Worth Water. Invoices will be submitted monthly based upon the actual work performed in that month and the actual expenses incurred.All invoices shall be paid within 30 days. Project Schedule Black&Veatch`s services shall begin after January 31, 2020 with the work anticipated to be completed by September 30, 2020. Page 8 of 8