HomeMy WebLinkAboutResolution - 2005-R0384 - Contract - Chris Brown Consulting - Water System Loss Analysis - 08_25_2005Resolution No. 2005-RO384
August 25, 2005
Item 41
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for water system
loss analysis, by and between the City of Lubbock and Chris Brown Consulting of San
Angelo, Texas, and related documents. Said Contract is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the
City Council_
Passed by the City Council this 25th day of
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Sherry Stephens
Interim Director of Water Utilities
APPROVED AS TO FORM:
J V Knight, Assistant City Attorney
gs/ccdocs/res-Contract-Chris Brown Consulting
August 15, 2005
CONTRACT NO.
6100
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this
day of 1d4 7 CA f , 2005, by and between the City of Lubbock (the "City"), a
Texas home rule municipal corporation, and Chris Brown Consulting (the "Contractor"),
a sole proprietorship.
WITNESSETH
WHEREAS, Contractor has substantial skill and experience in the preparation of
a water loss audit plans (the "Plan");
WHEREAS, the preparation of water loss audit plans requires a high level of
knowledge, experience and skill consistent with the standards of professionalism,
WHEREAS, the preparation of water loss audit plans further requires
considerable education and time of service to obtain competence in the professional field;
WHEREAS, the City is required to prepare the Plan;
WHEREAS, the City desires to contract with Contractor to perform services
related to preparation of the Plan and Contractor desires to provide the services related to
same.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the City and Contractor agree as follows:
ARTICLE I
Services
1.01 Contractor shall conduct all activities and within such time frames, as set forth on
Exhibit "A", "Scope of Services", attached hereto (the "Basic Services").
I.02 If authorized in writing by the City, the Contractor shall provide Additional
Services (herein so called) which are in addition to the Basic Services. If
Additional Services are requested by the City, such services shall be provided to
the City at the rate of One Hundred Twenty -Five Dollars ($125) per hour.
ARTICLE Il
Compensation and Term
2.01 The consideration to be paid for the Basic Services to be provided the City as
described in Article I shall be on an hourly basis, being One Hundred Twenty -
Five Dollars ($125) per hour for work performed by principal of Contractor and
Twenty -Five Dollars ($25) per hour for work performed by the assistant for the
principal of Contractor. In consideration of Contractor fully and faithfully
complying with all terms, provisions, and stipulations of this Agreement, the City
shall pay to Contractor, on the hourly basis described above and subject to the
limitation set forth below, compensation estimated as follows:
A. Audit, including data gathering analysis and staff education:
Estimate $19,750
B. Written Audit Report: Estimate $ 5,000
C. Final Report: Estimate $ 3,200
D. Travel and Expenses Estimate: $ 3,200
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2.02 The Contractor shall submit monthly statements for Basic and Additional Services
rendered. If the City objects to any statement submitted by the Contractor, the
City shall so advise the Contractor in writing giving reasons therefore within
twenty-one (21) days of receipt of such statement. If no such objection is made,
the statement will be considered acceptable by City.
2.03 This Agreement shall expire on February 1, 2006. Additionally, the City may
terminate this Agreement by providing written notice to Contractor at least thirty
(30) days prior to the effective date of termination as provided in such notice. In
the event this Agreement is so terminated, the City shall pay Contractor only for
services actually performed by Contractor up to and including the date the
Contractor is deemed to have received the City's notice of termination.
ARTICLE III
Independent Contractor
3.01 It is understood and agreed that Contractor is to perform the Basic Services and
Additional Services, if any (the "Services") in a sound and professional manner
and exercising the degree of care, skill and diligence in the performance of the
Services as is exercised by a professional conservation specialist under similar
circumstances and Contractor hereby warrants to the City that the Services shall
be so performed. Further, Contractor is and shall be considered at all times an
independent contractor under this Agreement and/or in its service, hereunder.
During the performance of the Services under this Agreement, Contractor and
Contractor's employees will not be considered, for any purpose, employees or
agents of the City within the meaning or the application of any federal, state or
local law or regulation, including without limitation, laws, rules or regulations
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4.01
regarding or related to unemployment insurance, old age benefits, workers
compensation, industrial acts, labor, personal injury or taxes of any kind.
ARTICLE IV
Events of Default/Remedies
a. City's Defaults/Contractor's_Remedies. In the event the City shall default in
the performance of any term or provision of this Agreement for any reason other than
failure by Contractor to perform hereunder, Contractor may, if said default shall be
continuing after five (5) days notice of such default is delivered to the City, exercise any
right or remedy available to it by law, contract, equity or otherwise.
b. Contractor's Defaults/City's Remedies. In the event Contractor shall default
in the performance of any term or provision of this Agreement for any reason other than
failure by the City to perform hereunder, the City may, if said default shall be continuing
after five (5) days notice of such default is delivered to Contractor, exercise any right or
remedy available to it by law, contract, equity or otherwise, including without limitation,
specific performance and/or the right to terminate this Agreement without additional
notice.
The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently.
ARTICLE V
Insurance/Indemnity
5.01 Contractor shall procure and carry, at its sole cost and expense through the life of
this Agreement, insurance protection as hereinafter specified, in form and
substance satisfactory to City, carried with an insurance company authorized to
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transact business in the state of Texas, covering all aspects and risks of loss of all
operations in connection with this Agreement, including without limitation, the
indemnity obligations set forth herein.
Contractor shall obtain and maintain in full force and effect during the
term of this Agreement, commercial general liability and automobile liability
coverage with insurance carriers admitted to do business in the state of Texas.
The insurance companies must carry a Best's Rating of A-VII or better. The
policies will be written on an occurrence basis, subject to the following minimum
limits of liability:
General Commercial Liability:
Combined Single Limit: $500,000
Professional Liability.
Combined Single Limit: $500,000
Automobile Liability:
Combined Single Limit for any auto: $500,000 Per Occurrence
The City shall be listed as a primary additional insured with respect to the General
Commercial Liability and Automobile Liability and shall be granted a waiver of
subrogation under the policies. Contractor will provide a Certificate of Insurance
to the City as evidence of coverage. The Certificate will provide 30 days notice
of cancellation. A copy of the additional insured endorsement and waiver of
subrogation attached to the policy will be included in the certificate.
Contractor shall elect to obtain worker's compensation coverage pursuant
to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain
said coverage throughout the term of this Agreement and shall comply with all
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provisions of Title 5 of the Texas Labor Code to ensure that the Contractor
maintains said coverage. The contractor may maintain Occupational Accident
and Disability Insurance in lieu of Worker's Compensation. In either event, the
policy must be endorsed to include a waiver of subrogation in favor of the City of
Lubbock.
If at any time during the life of the Agreement or any extension hereof,
Contractor fails to maintain the required insurance in full force and effect,
Contractor shall be in breach hereof and all work under the Agreement shall be
discontinued immediately.
Contractor shall indemnify and hold City and City's elected officials,
officers, agents, employees and independent contractors harmless, to the fullest
extent permitted by law, from and against any and all claims, demands, damages,
costs, liabilities and expenses, and including reasonable attorney's fees, as a result
of, related to, arising from, or related to Contractor's use or occupation of City
owned lands, and/or any matter related to Contractor's activities, performances,
operations or omissions under this Agreement.
ARTICLE VI
Miscellaneous
6.01 Contractor shall comply with all laws, statutes, regulations, ordinances, rules and
any other legal requirement related to, in any way, manner or form, the
performance of the Services contemplated herein.
6.02 Any notice required by this Agreement shall be deemed to be properly served, if
(i) provided in person or by telephonic facsimile, or (ii) deposited in the United
States mail by certified letter, return receipt requested, addressed to the recipient
S.1
at recipient's address shown below, subject to the right of either party to designate
a different address by notice given in the manner just described. Notice shall be
deemed to be received when delivered if provided in person or by telephonic
facsimile or, if deposited in the United States mail, as set forth above, three (3)
days after depositing such notice in the United States mail, as set forth above.
For City;
Sherry Stephens, Water Programs Manager
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: 806-775-3027
For Contractor:
Chris Brown
Chris Brown Consulting
4065 Broadway
San Antonio, Texas 78209
Facsimile No. 210-822-3366
6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW
WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD
DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT
ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY,
TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS
AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL
EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS,
6.04 This Agreement represents the entire and sole agreement between the City and
Contractor with respect to the subject matter hereof and supersedes any and all
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prior negotiations, understandings, representations or other agreements, whether
written or oral_ This Agreement may not be modified or amended except in
writing and duly executed by each party hereto,
6.05 Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between Contractor and
the City.
6.06 If any provision of this Agreement is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary to render it valid and
enforceable so long as said modification is reasonably within the intent the parties
as originally expressed. In the event such provision may not be so modified, the
unenforceability or invalidity of any provision shall not affect any other provision
of this Agreement, and this Agreement shall continue in force and effect as if such
provision had not been included in this Agreement.
6.07 Any and all documents, drawings and specifications prepared by Contractor as
part of the Services hereunder, shall become the property of the City when
Contractor has been compensated as set forth in Article II, above.
6.08 A waiver by either City or Contractor of a breach of this Agreement shall be in
writing. In the event either party shall execute and deliver such waiver, such
waiver shall not affect the waiving party's rights with respect to any other or
subsequent breach.
6.09 Neither City nor Contractor may assign this Agreement, in whole or in part,
without the written consent of such assignment by the non -assigning party. City
and Contractor each bind itself or himself, their legal representatives and
permitted assigns in respect to all provisions of this Agreement.
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6.10 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and Contractor.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized representatives as of the date first written above.
CHRIS BROWN CONSULTING.
Chris Brown
APPROVED AS TO CONTENT:
Sherry Stephens
Water Programs Manager
APPROVED AS TO F
Richard K. Casner,
First Assistant City Attorney
ml/CityAlt/Richard/ProfessionalServicesAgeement.Chris Brown Consultiug.rdln
July 29, 2005
August 17, 2005
In
EXHIBIT A
SCOPE OF SERVICES
Demand and Supply Analysis
In order to prepare an effective conservation plan, the demand and supply profile of a
municipal water system must be well understood by system operators, and water
resources and conservation planners. The information produced by analysis of water
demand will assist in planning and targeting of leak detection programs and system
maintenance programs to achieve their greatest impact. As the value of water is better
understood, more emphasis has been put on water system efficiency in the past several
years — both for financial cost effectiveness and resource management objectives.
Understanding demand by sector, size of meter, and by type of wholesale customers is
essential to good water planning. Using existing water supplies efficiently can extend the
life of distribution systems, defer construction of new treatment plants, put off the need
for system upgrades, and reduce customer water bills_ Statistical analysis provides the
insights necessary to make informed decisions about water conservation programs. This
information will be useful to conservation planners, utility managers, and civic decision -
makers. The products of the analysis, in graphic and report form, will assist utility
managers in communicating the importance of water -use efficiency to the decision -
makers and the community at large. The work product will be threefold: a written report
and a presentation describing the results of the analysis and the prospects for increased
water -use efficiency in the City of Lubbock, a model for future audits by Lubbock utility
staff, educational presentations for staff on the model; and water loss methodologies.
Public Participation
One of the most important aspects of a successful water conservation plan is building
public support for the concept of water efficiency. Building support requires sharing
information about ongoing and planned efforts of the utility and its partners. It also
entails educating customers about water conservation measures they can employ at home,
both through behavioral changes and through installation of water -efficient fixtures. Such
fixtures include ultra -low -flush toilets, low -flow showerheads, and faucet aerators for
indoor water savings. Outdoor domestic water reduction can be achieved with rain sensor
cut-off valves, water -wise landscapes, and efficient irrigation practices.
Potential partners shall be interviewed and input sought on means of expanding
educational efforts by "piggybacking" utility efforts with existing community education
efforts whose goals coincide with the municipal utilities concerns for natural resource
protection and environmental awareness. Cooperative programs with universities, Master
Gardeners' clubs, green business associations and the like have proven to be one of the
most successful means of outdoor water conservation program expansion in the United
States. Civic groups and educational agencies with missions including public education
on these issues are willing to nurture the growth of conservation awareness in the
community. Each community has specific opportunities in this area, and the BMP, while
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consistent in overall approach can be very distinct in implementation depending upon
these community differences.
Key Project Staff
Principal Chris Brown will be employed in the engagement on a full-time basis as the
principal investigator. CBC administrative assistant Wendi Kimura, will work part-time
on data management, materials, and editing.
Time for Completion
CBC will complete the audit, all training and model development, and final reports, by
February 1, 2006 in order for the City of Lubbock to meet the March 2006 deadline for
submission of a Water Loss Report to the TWDB.
Equal Opportunity
CBC is an equal opportunity employer and is committed to an active non-discrimination
program. It is the stated policy of the employer that all employees, and applicants, shall
receive equal consideration and treatment. All recruitments, hirings, placements, and all
other personal actions will be on the basis of qualifications of the individual for the
positions being filled regardless of race, color, religion, ancestry, national origin, age,
sex, marital status, medical condition, or physical handicap. The objective of this non-
discrimination program is, whenever possible, to actively recruit and include for
consideration for employment members of minority groups, female, and physically
handicapped. All decisions on employment are made solely on individuals' qualifications
and bona fide occupational qualifications for the job in question, and the feasibility of
any necessary job accommodations.
Specific Audit Approach
Research — Data Gathering
CBC will develop an understanding of the City of Lubbock's water demand and supply
profile. This will involve gathering information related to water demand by sector, size of
water meters, and by type of wholesale water customers. This will include a review of
existing categories and comparison to categories commonly used by other Texas cities
and recommended by the Texas Water Development Board. CBC will also review data as
presented by the billing and accounting systems, and determine methodology necessary
to maintain authoritative records for future audits, in addition to gathering historical
water loss data, data related to fire hydrant use, and data relating to apparent loss.
Analysis
CBC will review and analyze maintenance and operational processes related to the City
of Lubbock's public water supply as it relates to water loss, as well as analyze historical
water loss data, data related to fire hydrant use, and data relating to apparent loss.
Additionally, CBC will determine areas of concerns that relate to largest apparent water
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loss; split water and loss categories into current International Water Association
categories of water loss as defined by real loss and apparent loss; authorized consumption
as defined by billed metered, billed unmetered, unbilled metered, unbilled unmetered;
revenue water including exports and wholesale, where applicable, and non -revenue
water. This will eliminate the previously used and poorly defined term "unaccounted-for
water," which the TWDB will not accept from 2006 and into the future.
The water audit analytical process will begin by determining water system input volume
and master meter accuracy, to determine a corrected input volume. The corrected input
volume will be broken down into water exported, and water supplied to customers, which
will be further broken down into authorized consumption and water loss. Authorized
consumption will be examined as billed and unbilled authorized consumption, while
water loss will be evaluated as apparent loss and real loss. Totals of revenue water and
non -revenue water will be reported. Revenue water will be analyzed to determine the
values of billed water exported, unmetered, and metered. Non -revenue water will be
evaluated to determine the amount of water that is unbilled metered, unbilled unmetered,
and unauthorized consumption, including customer meter inaccuracies. Leakage on
mains, and on service lines, and leakage or overflow on storage tanks will also be
evaluated to determine City of Lubbock's current ability to track, and the need for
additional metering or measurement as part of a bottom -up audit to determine real loss
and how it can be accounted for.
Education
Employees involved in water loss control and tracking as designated by the utility
director will be offered an opportunity to lean about the methods and reports developed
on a schedule convenient to the City of Lubbock, and agreed upon by CBC. Statistical
analysis will be fully explained, and formulas in spreadsheets clearly articulated so that
the models are both easily understood and modifiable as necessary. The model will be in
a spreadsheet for easy access with Microsoft Excel software_ The spreadsheet will be
accompanied with instructions for in-house updates as needed. The spreadsheet models,
definitions, instructions, and a copy of the final report will all be provided in electronic
format.
CBC will offer presentations of the goals of the study, the basic approach, and results of
the study to various stakeholders and groups as defined by the City of Lubbock from time
to time. These stakeholder and community presentations will be scaled as appropriate to
the anticipated audience with a level of detail necessary to educate without excessive
technical jargon. In all cases the City of Lubbock project manager will have final
approval of presentation content. Some stakeholder groups that may be included would
be the Region O Water Resource Planning Group and any water planning advisory
groups as designated in City of Lubbock.
Meetings
These presentations will incorporate Power Point presentations, questions and answers as
needed, and demonstration of model runs as determined by the City of Lubbock project
manager or designate. The principal investigator will attend a minimum number of city
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council or committee meetings, as determined in consultation with the Mayor's office or
utility director as appropriate. This will include a presentation of the final findings and
recommendations to the City Council or appropriate committee.
Deliverables
All statistical analysis, summary data tables, and data categories of water accountability
analysis will be compiled into a final report. The report will include executive summaries
highlighting major issues and decisions, a comprehensive water audit design section
detailing all methodologies, assumptions, public input, and calculation, and a background
section that includes all data used in the development of recommended and alternative
designs. Input from stakeholder groups and city council will be summarized in one
appendix.
Products:
• Summary statistics, including mean and median consumption by connection type and
gallons per capita per day (using the calculation method agreed upon Texas Water
Conservation Implementation Task Force), as well as standard deviation and trend
analysis for summer and winter average pumping. Pie charts of demand by sector for
peak and average demand.
Time series graphs of system demand
. Analysis of peak demand impacts on system.
Analysis of year-round demand.
Trend analysis and projection of demand curves, and apparent water loss.
• Spreadsheet models incorporating data and performing analysis using the City of
Lubbock's billing system, production records, line flushing, and water loss records.
Provide recommendations to correct discrepancies in future audits.
Level of staff and number of hours to be assigned to each proposed segment of the
engagement
Principal
Assistant
Data
40
30
Analysis
60
10
Education
40
10
Meetings
20
—
Deliverables
40
30
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The Principal, Mr_ Brown, will be involved in all aspects of the project implementation.
His assistant, Ms. Kimura, will help with the data management, and preparation of the
education and report materials, including copy editing.
Methodology to be used for various actuarial analysis and compensation amounts
Financial analysis will be accomplished using the net present value of water saved, as
explained in TWDB Exhibit B for Regional Water Planning Process and in the Best
Management Practices Guidelines for Water Conservation Report No. 362.
In addition, the tools provided in AWWA Manual 36 and The Water Loss Control
Manual (Thornton, 2002) will be used to provide the City of Lubbock industry standard
tools for internal evaluation of cost/benefit ratios in future water audits.
Type and extent of analytical procedures to be used in the engagement
Statistics that will be presented will include metered water ratio, non -revenue water, real
losses, consumption, service line density/mi, average meter location after property line,
average pressure, infrastructure leakage index. Average median, confidence intervals, and
trend lines will be developed for a significant major demand and water loss categories_
CBC will provide recommendations to meet AWWA standards for a statistically valid
sampling regimen for meter testing. In developing the proposed meter -testing program,
Mr. Brown will determine with the City of Lubbock staff:
1. Desired confidence level;
2. Appropriate sample lot size for the confidence level;
3. Criteria for testing (size, age, volume, type);
4. Randomly select and retrieve;
5. Test and document;
6. Analyze test data; and
7. Report with recommendations.
Approach to be taken in determining laws and regulations that will be subject to
audit test work
Current Texas law including requirements for Water Loss Reporting under HB 3338, 781h
Legislature, will be reviewed, and all stipulations will be met in the audit and report.
Current and developing standards at the AWWA will also be reviewed and incorporated
to ensure thorough audit reports and that training and model development are performed
to meet the future needs of the City of Lubbock.
Approach to be taken in drawing audit samples for purposes of test compliance
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CBC will provide recommendations to meet AWWA standards for a statistically valid
sampling regimen for meter testing and audit verification. In developing the proposed
meter -testing program, Mr. Brown will determine with the City of Lubbock staff:
1. Desired confidence level;
2. Appropriate sample lot size for the confidence level;
3. Criteria for testing (size, age, volume, type);
4. Randomly select and retrieve;
5. Test and document;
6. Analyze test data; and
7. Report with recommendations.
Required records or documents
Needed from City of Lubbock water utility:
Data in electronic format on monthly water use by type of customer for the past 10
years (or as long a period as available).
• Consultant will provide a standardized format for data after discussion with client
about current data availability.
Basic system data including number of connections, connections by customer type,
system size, and available water supplies.
Required facilities at the City of Lubbock offices
The CBC Team will require only some desk space on days in which the principal is in
Lubbock. Mr. Brown will be equipped with a laptop personal computer. On meeting
dates with stakeholders, City Council and employee education, the City will need to
provide meeting space, seating, access to a copy machine, and projection equipment. Any
refreshments desired by the City of Lubbock at stakeholders meeting will be provided by
the City.
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Sep.23 2005 2:27PM NATIONWIDE INSURANCE �No•8763'P. IrE(M�,ro�rw+)
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
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306 fair Sunset Rd #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Antonio, TX 78209
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INSURED Chris Brown Consulting INSURER A: Nationwide Insurance Company
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to include a waiver subrogation under the policies.
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