OAK #4824-2266-5278 v1
SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Second Amendment to Agreement for Consultant Services (the "First Amendment") is made and entered into this ______ day of __________, 2022, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and BARTLE WELLS ASSOCIATES, a California Corporation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, on April 27, 2020, CITY and CONSULTANT entered into that certain agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide sewer rate study services in connection with the Sewer Rate Study FY2022-2027 project in an amount not to exceed $48,900; and
WHEREAS, on September 13, 2021, CITY and CONSULTANT entered into that first amendment to the agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide sewer rate study services in connection with the Sewer Rate Study FY2022-2027 project in an amount not to exceed $16,465; and
WHEREAS, CITY and CONSULTANT now desire to enter into this Second Amendment to provide for CONSULTANT to provide additional scope of work for sewer rate study services, and increase the Cost Ceiling of the Agreement an additional $27,786 from $65,365 to $93,151; and
AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:
1. Exhibit A to the Agreement, describing the Scope of Work, shall be amended as shown in Exhibit A, attached hereto.
2. Section 2.1 of the Agreement, “Compensation” is hereby amended to read as follows:
Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $93,151 ("Cost Ceiling").
3. Section 3.1 of the Agreement, “Effective Date” is hereby amended to read as follows:
Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed on or before June 30, 2022 (the “Term”).
4. Agreement in Effect. Except as amended by this Second Amendment, the Agreement shall remain in full force and effect.
OAK #4824-2266-5278 v1
5. Counterpart Signatures. This Second Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date set forth above.
CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Attest
By: Date
Sarah Coffey, City Clerk
Approved As To Form
By: Date
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
BARTLE WELLS ASSOCIATES
By: Date 4/15/2022
OAK #4824-2266-5278 v1
EXHIBIT A
SCOPE OF WORK
April 14, 2022
Lisa Petersen
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
Subject: Request for Sewer Rate and Capacity Fee Study Contract Amendment Dear Lisa,
We have enjoyed working with City staff in conducting the 2021 sewer rate and capacity fee study. We have been working on the project since August 2020. However, the initial contract and fee was based on project completion by July 1st, 2021. We completed an update of the fee study in October after an initial additional budget request which extended the timeline to December 31st, but due to changes in sewer enterprise operating costs and capital improvement costs, the City requested additional scenarios, updates, and meetings targeting rate adoption by June 30th, 2022.
Due to the extended project scope including: additional meetings with City staff and legal counsel, staff report and presentation edits, and workshops with City Council members, the total cost of the work from December to February amounted to $19,776. We are requesting a contract amendment to cover these additional hours and to assist Pacifica staff on the rate and fee implementation by June 30th, 2022.
In additional to reimbursement from prior work, Bartle Wells Associates will work closely with City staff, the City Council and others as appropriate to perform the following services in connection with the completion of the sewer rate and capacity fee study:
• Review changes in ordinance language for rates and capacity fees • Meet with City staff to develop public hearing presentation • Attend the public hearing on the rates
Therefore, we are requesting a contract amendment to cover $19,776 of hours from December 2021 to February 2022 plus a budget of $8,010 to cover future work to implement the sewer rates and fees through June 30th, 2022. The total budget amendment amounts to $27,786.
We have greatly enjoyed working with you on this project and look forward to completing the tasks in the near future.
Very Truly Yours
Bartle Wells Associates
Douglas R. Dove, President
OAK #4824-2266-5278 v1
EXHIBIT B
FEE PROPOSAL
Request for Additional Budget
The following table summarizes our request for additional budget:
City of Pacifica
Sewer Rate and Capacity Fee Study
Cost Proposal
Estimated D. Dove M. DeGroot Total
Hours @ $265/hr @ $180/hr Cost
Sewer Rate and Capacity Fee Study Prior Hours (December - February) Developed rate and fee recommendations based on updated City data 36.4 4.4 32 $6,926 Met with City staff and attorney to review rate recommendations and edit presentation 19 8 11 $4,100 Presented recommendations to Council members (4 meetings) 8 4 4 $1,780 Updated draft and final reports and assisted in drafting staff reports 34 10 24 $6,970 Subtotal Bartle Wells Associates 97.4 26.4 71 $19,776
Sewer Rate and Capacity Fee Study Extension
Review changes in ordinance language for rates and capacity fees 16 8 8 $3,560 Meet with City staff to develop public hearing presentation 12 6 6 $2,670 Attend the public hearing on the rates 8 4 4 $1,780
Subtotal Bartle Wells Associates 36 18 18 $8,010
NOT TO EXCEED TOTAL COST 133.4 44.4 89 $27,786
TASK
STATEMENT OF AVAILABILITY AND FEES
1. During the project development period, we will be available at all reasonable times and on reasonable notice for meetings and for consultation with City staff, attorneys, consulting engineers, and others as necessary.
2. Bartle Wells Associates will perform all work related to the assignment. Doug Dove, a firm principal and President will be assigned as project leader on this assignment. He will serve as the lead contact person for BWA and will be involved with the project a day-to-day basis.
3. The fees for additional services outlined in this proposal will not exceed $8,010. The fee is based on the following assumptions:
a. The project will be completed by June 30, 2022 or other mutually agreeable date preferred by the City. BWA will work to meet all City scheduling requirements and deadlines. b. All necessary information will be provided by the City and/or its other consultants in a timely manner.
c. The fee is based on one City Council meeting and/or presentation.
4. Progress payments and direct expenses are payable monthly on a time and materials basis as the work proceeds as provided in our Billing Rate Schedule 2022, which will remain in effect for the duration of this project.
5. In addition to the services provided under this proposal, the City may authorize Bartle Wells Associates to perform additional services, which may include, but are not limited to:
Changes in project scope
Delays in project schedule resulting in additional revisions Additional meetings and presentations
Any other services not specified
6. Bartle Wells Associates will maintain in force, during the full term of the assignment, insurance as provided in the Certificate of Insurance attached.
7. Bartle Wells Associates is an independent public finance advisory firm that is registered as a Municipal Advisor with the Securities and Exchange Commission (SEC Registration No. 867- 00740) and the Municipal Securities Rulemaking Board (MSRB ID K0414).
8. If the project is terminated for any reason, Bartle Wells Associates is to be reimbursed for professional services and direct expenses incurred up to the time notification of such termination is received.
This proposal may be withdrawn or amended if not accepted within 90 days.
BARTLE WELLS ASSOCIATES
BILLING RATE SCHEDULE 2022
Rates Effective 1/1/2022
Professional Services
Financial Analyst I .................................................................................... $110 per hour Financial Analyst II ................................................................................... $135 per hour Consultant................................................................................................ $165 per hour Project Consultant ................................................................................... $180 per hour Senior Consultant..................................................................................... $195 per hour Senior Project Manager........................................................................... $225 per hour Principal Consultant................................................................................. $265 per hour The hourly rates for professional services include all overhead and indirect expenses. Bartle Wells Associates does not charge for administrative support services. Expert witness, legal testimony, or other special limited assignments will be billed at one and one-half times the consultant’s hourly rate.
The above rates will be in effect through December 31, 2022 at which time they will be subject to change.
Direct Expenses
Subconsultants will be billed at cost plus ten percent. Other reimbursable direct expenses incurred on behalf of the agency will be billed at cost plus ten percent. These reimbursable costs include, but are not limited to:
Travel, meals, lodging Automobile mileage
Printing and photocopying Messenger services and mailing costs Special statistical analysis Graphic design and photography Outside computer services Special legal services
Bond ratings Legal advertisements
Insurance
Bartle Wells Associates maintains insurance in the amounts and coverage as provided in the attached schedule of insurance. Additional or special insurance, licensing, or permit requirements beyond what is shown on the schedule of insurance are billed in addition to the contract amount.
Payment
Fees are typically billed monthly for the preceding month and will be payable within 30 days of the date of the invoice. A late charge of 1.0 percent per month may be applied to balances unpaid after 60 days.
SCHEDULE OF INSURANCE
Insured: BARTLE WELLS ASSOCIATES
Bartle Wells Associates will maintain in force, during the full term of the assignment, insurance in the amounts and coverage as provided in this schedule.
If additional insurance is required, and the insurer increases the premium as a result, then the amount of the increase will be added to the contract price.
TYPE OF INSURANCE COMPANY POLICY NUMBER COVERAGES AND LIMITS EXP. DATE Commercial General Hartford Insurance Company $2,000,000 General Aggregate 6/1/22 Liability Policy #35-SBA PA6857 $2,000,000 Products Comp/Op Aggregate $2,000,000 Personal & Advertising Injury
$1,000,000 Each Occurrence
Excess/Umbrella Hartford Insurance Company $1,000,000 Aggregate 6/1/22 Liability Policy #35-SBA PA6857 $1,000,000 Each Occurrence Automobile Liability Hartford Insurance Company
Policy #35-UEC VU2842
$1,000,000 Combined Single Limit 6/1/22
Workers Compensation
& Employers' Liability
Hartford Underwriters
Insurance Company
Policy #35-WEC FG7858
Workers' Compensation: Statutory Limits for the State of California. Employers' Liability:
Bodily Injury by Accident - $1,000,000 each accident
Bodily Injury by Disease - $1,000,000 each employee
Bodily Injury by Disease - $1,000,000 policy limit
6/1/22
Professional Liability Chubb & Son, Inc.
BINDO94045
Solely in the performance of services as municipal financing consultants for others for a fee.
Limit: $2,000,000 Per Occurrence & Aggregate (including defense costs, charges, and expenses)
6/1/22