HomeMy Public PortalAboutExhibit MSD 24D1 Black & Veatch 7-11-11 Contract Work PapersExhibit MSD 24D1
SOLE SOURCE JUSTIFICATION
This form must be attached to any requisition having an estimated value in excess of
$1,000.00 if the procurement is to be sole source.
If the estimated amount of the procurement is in excess of $25,000.00 the
Director of Finance in accordance with Section 14 of the current Purchasing Ordinance
must approve the request. It is essential that the requestor provide sufficient
documentation to allow the Director of Finance to make a decision.
TO: Purchasing Manager
Suggested Vendor: Black & Veatch Corporation
Purchase Requisition No.: 107283
Date of Requisition: June 23, 2011
Estimated Amount of requisition: $33,000.00
The requisition is for a part or component for an existing item can only be
procured from the original manufacturer or his authorized regional
representative. (Section 14 (a)) (Documentation from the manufacturer must
be on file in the Purchasing Division to support this justification.)
The referenced requisition is for technical services in connection with the
assembly, installation, or servicing of equipment of a highly technical or
specialized nature.(Section 14(b))
The requisition supplies, equipment, and or services to test a product (Section
14 (c)) (Requestor must attach an explanation as to what the test is to
established)
The requisition is for the services of a recognized expert (Section 14 (c)) (The
requestor must attach an explanation as to why the individual is a recognized
expert).
Other (Section 14 (c)) (Requestor must attach documentation as to why the
procurement is in the best interest of the District)
REQUISITIONER: Janice M. Zimmerman
APPROVALS
2�f/i
Department Director: Date:
Purchasing Manager: Date:
Director of Finance: Date
Black & Vetch is the developer of the comprehensive Rate Model software used by the District to analyze
and develop rate strategies. This software is highly customized for District use and is not supported by any
other vendor,
MSD-PUR.Form-1
5/1/96
Black & Veatch Rate Commission Contract 6/23/2011 9:54
Current Ordinance Parameters:
Not to Exceed $150,00 for Fiscal Year FY11
Total Contract $ 150,000
Less: YTD Expense (149,115)
Remaining Contract availability $ 885
Expenses
Expenses to date
,0
of Contract
$$$
Model Reconstruction: 58% $ 86,487
EPA CIRP Detail Data
Compliance Charge conversion to 5 Tier
SW Subdistricts Tax / Interfund Allocation
Additional Reporting Formats
Elimination of SW Impervious Fee
Multiple Scenarios due to: 27% 40,261
Monthly Bill Increase scenarios - test various % targets
CIRP Assumptions to parallel EPA
Debt / Cash Balance
Bond Rate Agency Preparation - Cash Balance generation
FY11 Budget Revisions
FY12 Budget Input
Development of 100% PAYGO Alternative
Rate Proposal Document Preparation 12% 17,894
Direct Testimony / Discovery Requests 3% 4,473
TOTAL 100% $ 149,115
Additional needed to complete Rate Commission Process: $ 30,000
Remaining Discovery Responses
Rebuttal & Surrebuttal Preparation
Alternative Scenarios in response to Intervener Proposals
Technical Conference participation
10% Contingency 3,000
Total Additional Contract $ 33,000
Funding Source:
Available FY11 Finance Admin Professional Services Budget $ (10,000)
Available FY11 Purchasing Postage Budget (23,000)
Total Funding $ (33,000)
Contract Vehicle: SOLE SOURCE
ORDINANCE NO. 13092
AN ORDINANCE, authorizing the Executive Director and Secretary -Treasurer
on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Black &
Veatch Corporation (B&V), whereby Black & Veatch Corporation (B&V) will provide rate
design development, rate report preparation and expert testimony services required during
anticipated future Rate Commission proceedings.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One: The Executive Director and Secretary -Treasurer are hereby
authorized on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with
Black & Veatch Corporation (B&V), whereby Black & Veatch Corporation (B&V) will provide
rate design development, rate report preparation and expert testimony services required during
anticipated future Rate Commission proceedings.
Section Two: The contract authorized in Section One of this ordinance shall
provide for a fee not to exceed One Hundred Fifty Thousand Dollars ($150,000), for fiscal year
2011 and shall be comprised of such other terms and conditions as are approved by the Office of
the General Counsel of the District.
The foregoing Ordinance was adopted June 10, 2010.
Page xx of
AGENDA ITEM NUMBER:
NAME OF PROJECT: District Rate Modeling & Expert Testimony
LOCATION: Finance
TYPE OF PROJECT: Professional Services
DEPARTMENT REQUESTING ACTION: Finance
REQUESTED ACTION:
Why is this action necessary?: To execute a contract agreement for professional services with Black &
Veatch Corporation
What does action accomplish?: This action provides the District rate design development and expert
testimony required during the District's anticipated FY11 Rate Commission
deliberations.
SUMMARY EXPLANATION/BACKGROUND:
Contractor: Black & Veatch Corporation
11401 Lamar Avenue
Overland Park Kansas 66211
Previous District Contract: Yes
Consultant: N/A
Agency: N/A
Number of bidders: N/A Low Bid: N/A High Bid: N/A
Appropriation Amount: $150,000 District's Estimate: N/A
MBE/WBE Participation: N/A
Plan Approval Date: N/A Type of Contract: Professional - Sole Source
Properties Affected; N/A Properties Benefiting: N/A
Designed by: N/A
FUNDING/COST SUMMARY:
Budgeted: Finance Division Budget Budget Year: FYI Amount: $150,000
Fund Name: General Fund
Additional Comments: Black & Veatch (B&V) is the developer of the comprehensive Rate model software used by
the District to develop it Rate Strategies and Rate Change Submittals. This software is highly customized for District
use and support by any other vendor is unavailable. B & V would also provide expert testimony for the District during
anticipated Rate Commission Deliberations.
PREVIOUS BOARD ACTION RELATED TO THIS ACTION:
02/14/2008 Ordinance No. 12595 - Amount: $50,000, Rate Model Support and Expert Testimony
11/10/2004 Ordinance No. 11896 - Amount: $20,000, Support and Review for District's Rate Model
01/08/2004 Ordinance No, 11670 - Amount: $30,000, Reconstruct District Rate Model
Page 1 of 1
Janice Fenton
From: Jan Zimmerman
Sent: Monday, June 27, 2011 11:15 AM
To: Janice Fenton
Subject: FW: Signed Contract
Attachments: Metropolitan St. Louis Sewer District, CSA and Exhibit A - 06.01.2011.pdf
HC
Janice M. Zimmerman
Director of Finance
Metropolitan St. Louis Sewer District
2350 Market Street
St. Louis, Missouri 63103
314-768-6299
From: Barber, Keith D. [mailto:barberkd@BV.COM]
Sent: Friday, June 24, 2011 4:03 PM
To: Jan Zimmerman
Subject: Signed Contract
The attached contract went through legal much quicker than I thought it would. Attached is the signed contract with the revisions previously
noted. Please counter sign and send an electronic copy or hard copy back to me.
Thanks, have a great weekend.
KEITH D. BARBER, MSCE, P.E.* 1 Principal, B&V Management Consulting
Black & Veatch 1 11401 Lamar Avenue, Overland Park, KS 66211-1508
+1913-458-3675 P I +1913-458-3817 F I +1913-626-4985 nn 1 BarberKD@BV.com
*Licensed in Missouri
Building a World of Difference..
Please consider the environment before printing my email
Please note that the information and attachments in this email are intended for the exclusive use of the addressee and may contain confidential or privileged information. If you are
not the intended recipient, please do not forward, copy or print the message or its attachments. Notify me at the above address, and delete this message and any attachments. Thank
you.
CONSULTING SERVICES AGREEMENT
This Agreement (Agreement), effective June 1, 2011, is by and between the METROPOLITAN ST. LOUIS SEWER DISTRICT (CLIENT) and BLACK
& VEATCH CORPORATION (CONSULTANT). CONSULTANT shall perform the Scope of Services (Services) set forth in Exhibit A --Scope of
Services and CLIENT shall pay CONSULTANT in accordance with the compensation provisions set forth in Exhibit A.
1. CONSULTANT warrants that it shall perform the Services in accordance with the standards of care and diligence normally practiced by recognized
consulting firms in performing services of a similar nature. No other warranty, express or implied, is included in this Agreement or in any drawing,
specification, report, or opinion produced pursuant to this Agreement.
2. CONSULTANT shall maintain in force, during the period that Services are performed, workers' compensation insurance in accordance with the laws
of the states having jurisdiction over CONSULTANTs employees who are engaged in the Services and employer's liability insurance with a limit of
$150,000 each occurrence and in the aggregate; automobile liability insurance with combined single limit of $1,000,000.
3. CONSULTANT shall maintain in force for the duration of this Agreement errors and omissions liability insurance appropriate to the
CONSULTANT's profession. Coverage as required in this Article shall apply to liability for professional error, act or omission arising out of scope
of the CONSULTANT's services as defined in this Agreement. Coverage shall be written subject to limits of $1,000,000 per occurrence and in the
aggregate. The insurance coverage under such certificates shall be retroactive to the later of the date of this Agreement or the commencement of the
CONSULTANT's work on the Project, and CONSULTANT shall cause the same to remain in effect for period of two (2) years after final
acceptance of the Project by the District, (hereinafter referred to as the Insurance Period).
4. CONSULTANT shall maintain commercial general liability (CGL) with a limit of $2,000,000 each occurrence and in the aggregate for a duration of
the Agreement, CGL insurance shall be written on ISO occurrence form CG 00 01 10 01 (or substitute form providing equivalent coverage) and
shall cover liability arising from premise, operations, independent contractors products -completed operations, personal injury and advertising injury,
and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). The District shall be endorsed
on the policy as additional insured
5. CONSULTANT shall indemnify CLIENT against any and all claims, demands and causes of action for bodily injury to or death of persons or for
damage to or destruction of third -party property resulting solely from any and all negligent physical acts of CONSULTANT while at CLIENTs
facility. CLIENT and CONSULTANT hereby waive all claims for property damage against the other, however such damage may be caused,
including without limitation the negligence or fault of the other party, and shall require their insurers to waive subrogation rights against the other
party under any applicable policy of property insurance_
6. In performance of the Services, it is understood that CONSULTANT may be supplied with certain information and/or data by CLIENT and/or
others, and that CONSULTANT will rely on such information. It is agreed that the accuracy of such information is not within CONSULTANTs
control and CONSULTANT shall not be liable for its accuracy, nor for its verification, except to the extent that such verification is expressly a part
of CONSULTANTS Scope of Services.
7. CONSULTANT shall retain its rights in its standard drawing details, designs, specifications, databases, computer software, models and any other
proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of
the CONSULTANT with the specific exception of any rate reports, rate model data output, written testimonies, all non-proprietary materials or
CONSULTANT intellectual property required by the Rate Commission and any other non-proprietary or CONSULTANT intellectual property
deliverables as required by the CLIENT. At all times, each party shall retain all of its rights in its drawing details, designs,
specifications, databases, models, computer software, copyrights, trade and service marks, patents, trade secrets, and any other
proprietary property.
8 CLIENT may, with or without cause, terminate the Services at any time upon ten working days written notice to CONSULTANT, In such case,
CONSULTANT shall be paid costs incurred and fees earned to the date of termination and through demobilization and neither party shall be entitled
to any other compensation or damages from the other,
9. CLIENT may audit and inspect CONSULTANTs records and accounts covering reimbursable costs for aperiod of 3 years following the completion
of CONSULTANTS Services. The purpose of any such audit shall be only for verification of such costs. CONSULTANT shall not be required to
keep records of or provide access to those of its costs expressed as fixed rates, a lump sum, or as a percentage of other costs.
10. CONSULTANTs opinions, estimates, projections, and forecasts of current and future costs, revenues, other levels of any sort, and events shall be
made on the basis of available information and CONSULTANTS 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 CLIENTs estimates or
forecasts or from actual outcomes.
11. The parties agree to look solely to each other with respect to performance of this Agreement. CONSULTANT may subcontract portions of the
Services to its successor, related or affiliated entities with the written approval of CLIENT. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than CLIENT and CONSULTANT. Except for CLIENTS obligation to make payments, neither party shall be in
default hereunder to the extent such default is caused by a cause or circumstance beyond such party's reasonable control.
12. Neither party shall be liable to the other party for loss of profits or revenue; loss of use; loss of opportunity; loss of goodwill; cost of substitute
facilities, goods or services; cost of capital; cost of replacement power, governmental and regulatory sanotions; and claims of customers for such
damages; or for any special, consequential, incidental, indirect or exemplary damages whether a claim for any such loss arises out of breach of
contract, warranty, tort (including negligence), strict liability, indemnity, or another theory. CONSULTANT's total aggregate liability under this
Agreement for any reason whatsoever shall not exceed the compensation received by CONSULTANT under this Agreement, and CLIENT, to such
extent as may be permitted by law, agrees to release, defend, indemnify, and hold CONSULTANT harmless from and against any and all further
liability in excess thereof arising in any manner from the Services. In the event such provision is determined to exceed the maximum scope allowed
by law, said provision shall be interpreted and enforced so as to preserve the indemnity, release or limitation to the maximum extent allowable. The
warranties, obligations, liabilities and remedies of the parties, as provided herein, are exclusive and in lieu of any others available at law, equity or
otherwise. Indemnifications against, releases from, and limitations of liability and waivers of subrogation shall apply notwithstanding the fault,
negligence (whether active, passive, joint or concurrent), strict liability or other theory of legal liability of the party indemnified, released or whose
liability is limited and shall be effective to, and only to, the maximum extent allowable by law.
This Agreement and the attached Exhibit constitute the entire Agreement. No other representations of any kind, oral or otherwise, shall have any effect.
This Agreement shall be govemed by the laws of the state of Missouri, without giving effect to the principles thereof relating to conflicts of law.
IN WITNESS WHEREOF, Client and Consultant have signed this Agreement.
METROPOLITAN ST. LOUIS SEWER DISTRICT BLACK &VEATCH CORPORATION
By..,iiAlormAgL 6Q . id1a s
Jeffrey L. Theerman Thomas R Peterson
Executive Director Vice President, EMS
Date Date 06/24/2011
*Approved by Legal(Grimaldi) 06/24/2011.
ATTEST: 08 Approved by PM(Barber) 06/24/2011.
By
Karl J. Tyminski
Secretary -Treasurer
Approved as to Legal Form
Office of General Counsel
Susan M. Myers
General Counsel
I certify that this expenditure is within the appropriation to which it is to be charged, and that there is an unencumbered balance in the appropriation
sufficient to pay this obligation or so much of it as may be payable during the current fiscal year.
Janice M. Zimmerman
Director of Finance
Date
EXHIBIT A
CONSULTING SERVICES AGREEMENT
Dated June 1, 2011
Between
METROPOLITAN ST. LOUIS SEWER DISTRICT ("Client")
And
BLACK & VEATCH CORPORATION ("Consultant")
A. Scope of Services — Consultant will provide expert witness testimony and support services required during anticipated 2011/2012 Rate
Commission proceedings.
B. Terr — The term of this Agreement shall be for seven (7) months commencing on June 1, 2011 and terminating on December 31, 2011.
C. Compensation— Client will pay, and Consultant will accept compensation for services provided based on the following fee basis:
Compensation for the Services provided by this Agreement shall be at the billing rates specified below plus direct expenses at out -of pocket
costs. Direct expenses include materials and support services costs and travel expenses. Materials and support services costs include such
items as computer time, long distance telephone charges, postage, report reproduction costs and other miscellaneous direct costs. Direct
expenses shall be itemized on invoices submitted to Client for payment. Supporting documentation for direct expenses shall be made
available to Client for verification at Client's request. The maximum amount payable to the Consultant for services provided by this
Agreement shall not exceed thirty three thousand dollars ($33,000) without further Client authorization
Senior Vice President $325/hour
Vice President (Principal -in -Charge) $305/hour
Director $275/hour
Principal (Project Manager) $240/hour
Manager $205/hour
Consultant $170/hour
Senior Analyst $140/hour
Analyst $110/hour
Clericai/Administrative Support $ 80/hour
D.
Method of Payment - Payments to be made to Consultant under this Agreement shall be electronically transferred either by ACH, specifically
in CCD+ or CTX format, or wire transfer to the bank account and in accordance with the bank instructions identified in Consultant's most
recent invoice in immediately available funds no later than the payment due date. Invoice number and project name shall be referenced in the
bank wire reference fields or the ACH addenda information.
Client Responsibilities — Client shall furnish, as required by the work and not at the expense of the Consultant, the following items.
I . Make available to the Consultant all records, reports, maps, and other data pertinent to the provision of the Services
required under this Contract.
2. Examine all analyses, reports and other documents submitted by Consultant for Client review and render decisions
promptly to prevent delay to the Consultant.
3. Designate one person as the Client representative (Project Manager) with respect to all Services to be rendered under this
Contract. This individual shall have authority to transmit instructions, receive information and to interpret and define the
Client's policies and decisions pertinent to the Consultant's services.
IN WITNESS WILEREOF, the parties have executed this Exhibit A on the date(s) indicated below.
METROPOLITAN ST. LOUIS SEWER DISTRICT BLACK & VEATCH CORPORATION
By:
Jeffrey L. Theerman
Executive Director
By:
Thomas R Peterson
Vice President, EMS
Date: Date: 06/24/2011
*Approved by Legal(Grimaldi) 06/24/2011.
XPBApproved by PM(Barber) 06/24/2011.