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7105 - Amendment 1 Executed Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration 7+(67$7(2)7(;$6 &2817<2)'(1721 ),567$0(1'0(1772&2175$&7 %<$1'%(7:((17+(&,7<2)'(17217(;$6 $1'5$)7(/,6),1$1&,$/&2168/7$176,1& 7+,6),567$0(1'0(1772&2175$&7WKLV³$PHQGPHQW´E\DQG EHWZHHQ WKH &LW\ RI 'HQWRQ 7H[DV ³&LW\´ DQG5$)7(/,6 ),1$1&,$/ &2168/7$176,1&³&RQWUDFWRU´WRWKDWFHUWDLQFRQWUDFWH[HFXWHGRQ2FWREHU LQWKHRULJLQDOQRWWRH[FHHGDPRXQWRIWKH³$JUHHPHQW´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³3DUWLHV´LQFRQVLGHUDWLRQRIWKHLUPXWXDOSURPLVHVDQGFRYHQDQWVDVZHOODVIRURWKHU JRRGDQGYDOXDEOHFRQVLGHUDWLRQVGRKHUHE\$*5((WRWKHIROORZLQJ)LUVW$PHQGPHQW ZKLFKDPHQGVWKHIROORZLQJWHUPVDQGFRQGLWLRQVRIWKHVDLG$JUHHPHQWWRZLW 7KHDGGLWLRQDOVHUYLFHVGHVFULEHGLQ([KLELW³$´RIWKLV$PHQGPHQWDWWDFKHG KHUHWRDQGLQFRUSRUDWHGKHUHLQIRUDOOSXUSRVHVIRUSURIHVVLRQDOVHUYLFHVUHODWHGWR WKH8WLOLW\UDWHGHVLJQVWXG\DUHKHUHE\DXWKRUL]HGWREHSHUIRUPHGE\&RQWUDFWRU )RUDQGLQFRQVLGHUDWLRQRIWKHDGGLWLRQDOVHUYLFHVWREHSHUIRUPHGE\&RQWUDFWRU WKH2ZQHUDJUHHVWRSD\EDVHGRQWKHFRVWHVWLPDWHGHWDLODWWDFKHGDV([KLELW³$´ DWRWDOIHHLQFOXGLQJUHLPEXUVHPHQWIRUQRQODERUH[SHQVHVDQDPRXQWQRWWR H[FHHG 7KLV$PHQGPHQWPRGLILHVWKH$JUHHPHQWDPRXQWWRSURYLGHDQDGGLWLRQDO IRUWKHDGGLWLRQDOVHUYLFHVZLWKDUHYLVHGDJJUHJDWHQRWWRH[FHHGWRWDORI 7KH3DUWLHVKHUHWRDJUHHWKDWH[FHSWDVVSHFLILFDOO\SURYLGHGIRUE\WKLV$PHQGPHQWWKDW DOORIWKHWHUPVFRYHQDQWVFRQGLWLRQVDJUHHPHQWVULJKWVUHVSRQVLELOLWLHVDQGREOLJDWLRQV RIWKH3DUWLHVVHWIRUWKLQWKH$JUHHPHQWUHPDLQLQIXOOIRUFHDQGHIIHFW ,1 :,71(66 :+(5(2) WKH &LW\ DQG WKH &RQWUDFWRU KDYH HDFK H[HFXWHG WKLV $PHQGPHQWE\DQGWKURXJKWKHLUUHVSHFWLYHGXO\DXWKRUL]HGUHSUHVHQWDWLYHVDQGRIILFHUV RQWKLVGDWHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 7+,6$*5((0(17+$6%((1 %27+5(9,(:('$1'$33529(' DVWRILQDQFLDODQGRSHUDWLRQDO REOLJDWLRQVDQGEXVLQHVVWHUPV BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 6,*1$785( 35,17('1$0( BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 7,7/( BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB '(3$570(17 ³&2175$&725´ 5$)7(/,6),1$1&,$/&2168/7$176,1& %\BBBBBBBBBBBBBBBBBBBBBBBBBBBBB $87+25,=('6,*1$785(7,7/( ³%8<(5´ &,7<2)'(1721 %\BBBBBBBBBBBBBBBBBBBBBBBBBBBBB $87+25,=('6,*1$785(7,7/( " # ! # 6&DSLWDORI7H[DV+LJKZD\6XLWH $XVWLQ7;ZZZUDIWHOLVFRP EXHIBIT A August 20, 2020 Mr. Frank Pugsley Water Utilities Director City of Denton Via email: frank.pugsley@cityofdenton.com Subject: Contract Amendment for Water Rate Design Study Dear Mr. Pugsley: Raftelis was retained by the City of Denton to complete a Water/Wastewater Utilities Cost of Service and Rate Design Study (COS Study). As part of the study, the scope included the completion of a cost of service analysis for wastewater, as well as cost of service-calculated rates for High-Strength Surcharges for biochemical oxygen demand (BOD) and total suspended solids (TSS). Raftelis has started the process of cost of service, but in starting to look at the High-Strength Surcharge cost of service, it became evident that we do not have the data that will be required. To complete the additional analysis, Raftelis is requesting a budget amendment. Further, you indicated that we may want to extend the project beyond the original timeline, so we have estimated an additional budget amount for that extension. The total budget amendment is $14,000 Background – High-Strength Surcharges Wastewater costs are more dependent on the quality of the wastewater or the presence of pollutants that must be removed in the treatment process. For various pollutants, the costs are divided by the pounds of treatment facility influent of each pollutant. For example, the cost of removing TSS is divided by the total pounds of TSS projected to be received at the treatment facility in a typical year. Once the unit costs of various components have been derived, costs can be distributed to various customer classes based on relative use. Using this process can result in different rates for different customer classes depending on the strength of various pollutants. In the utilities’ wastewater rate ordinance, high-strength surcharge fees illustrated at $0.47 per pound of BOD and $0.42 per pound of TSS that exceeds levels of strength over 250 mg/l for BOD & TSS, respectively. The utility does not currently charge high-strength surcharges due to lack of available data. The utility also charges different flow rates by customer class, which is typical in the industry. After conducting a review of the previous Cost of Service (COS), the wastewater flow rates were calculated based on strength assumptions by specific customer classes. For example, Equipment Services Facilities and Restaurants & Food Service Establishments (SEE) were assigned a BOD of 450 mg/l and TSS of 500 mg/l and allocated more treatment costs, therefore, increase their flow rate to $6.75/1,000 gallons. Compare that to the effluent rate of residential at $3.80/1,000 gallons. Raftelis conducted a Plant-Balance Analysis as a means of “testing” the assumption from the previous COS study. The technique involves comparing the total units of the service estimated from customer classes to the actual flow and loads measured at the plant. Through the analysis, assumptions of strength concentrations may be refined to improve the overall equity of the cost-allocation process, and to ensure that rates are based on a reasonable representation of actual loadings at the plant, discouraging overcharging billed units of service. &,7<2)'(1721:::87,/,7,(6&2672)6(59,&( $1'5$7('(6,*1678'<2 Table 1: Plant Balance Analysis The Domestic Strength Wastewater listed is an average and suggests certain customers are submitting substantially more than the allowable 250 TSS/BOD mg/l and more than the TSS 467 mg/l and BOD 588 mg/l represented as “domestic strength wastewater” for the remaining customer classes. Budget Amendment In deciding the approach for moving forward with the calculation of the High-Strength surcharges, it was decided that we consider a hybrid approach. This approach will incorporate high-strength type customer built into the effluent rates, like SEE rate customers but with further disaggregation and monitoring of customers. In order to move forward with this approach, we propose a $9,000 budget amendment. In addition to the work to be done by Raftelis, City staff has indicated that additional data required can be gathered over a 30 to 60-day time period. The entire class of customers would not need to be tested, rather only 10% of the identifiable customer class. This would result in sufficient data to calculate the rates. In addition to the budget amendment for wastewater, Raftelis will extend the project timeline to November and delay the completion of a report and recommendation to Council. Raftelis has provided the model to Lee Rodriguez for review and is prepared to consider any additional changes needed at this time. The additional amount will allow us to incorporate any additional assumptions that may arise between now and the November timeframe. Please let me know if this is acceptable and what you may need from us to amend the budget. Sincerely, Angie Flores Senior Manager >ŝŶĞ EŽ ĂƚĞŐŽƌǇ ŵŐĂůƐ ůďƐ ŵŐͬů ůďƐ ŵŐͬů ϭ dŽƚĂůƐZĞĐĞŝǀĞĚĂƚWůĂŶƚ ϱ͕ϴϲϱ͕ϱϱϬ ϭϰ͕ϯϰϭ͕Ϯϭϱ Ϯϵϯ ϭϳ͕ϰϱϱ͕ϬϯϬ ϯϱϳ >ĞƐƐ͗ Ϯ dŽƚĂůŝůůĞĚsŽůƵŵĞ ϰ͕ϱϳϬ͕ϳϲϯ ϯ /Θ/ϭ͕Ϯϵϰ͕ϳϴϳ Ϯϲϵ͕ϵϲϯ ϮϱϮϲϵ͕ϵϲϯ Ϯϱ ϰ ^ƵƌĐŚĂƌŐĞ^ƚƌĞŶŐƚŚ Eͬ Eͬ ϱ ^ƚĂŶĚĂƌĚŝǌĞĚ^ƚƌĞŶŐƚŚůĂƐƐ;^Ϳ ϮϬϲ͕ϳϮϱϳϳϲ͕ϯϰϬ ϰϱϬϴϲϮ͕ϲϬϭ ϱϬϬ ϲ ^ƚĂŶĚĂƌĚŝǌĞĚ^ƚƌĞŶŐŚůĂƐƐ;ŽŵŵĞƌĐŝĂůͿ ϭ͕ϴϬϮ͕ϴϱϵ ϯ͕ϯϭϬ͕ϬϯϬ ϮϮϬ ϯ͕ϳϲϭ͕ϯϵϴ ϮϱϬ ϳ ĂůĂŶĐĞ͗ ϴ ŽŵĞƐƚŝĐ^ƚƌĞŶŐƚŚtĂƐƚĞǁĂƚĞƌ Ϯ͕ϱϲϭ͕ϭϳϵ ϵ͕ϵϴϰ͕ϴϴϮ ϰϲϳ ϭϮ͕ϱϲϭ͕Ϭϲϴ ϱϴϴ d^^ K Certificate Of Completion Envelope Id: 5A41FE370CED4BFBA8B84ABF81EB2A05 Status: Completed Subject: ***Purchasing Approval*** 7105-1st Amendment Source Envelope: Document Pages: 5 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Crystal Westbrook AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 8/28/2020 12:57:29 PM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 8/28/2020 1:01:42 PM Viewed: 8/28/2020 1:02:12 PM Signed: 8/28/2020 1:03:01 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Richard Giardina rgiardina@raftelis.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 66.68.80.226 Sent: 8/28/2020 1:03:02 PM Resent: 8/28/2020 1:19:47 PM Viewed: 8/28/2020 5:14:57 PM Signed: 8/31/2020 10:40:32 AM Electronic Record and Signature Disclosure: Accepted: 8/28/2020 5:14:57 PM ID: 9086f923-6bcc-4080-96cb-4df858b998b7 Frank Pugsley frank.pugsley@cityofdenton.com Water and Wastewater Utilities Director City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 8/31/2020 10:40:34 AM Viewed: 8/31/2020 1:23:18 PM Signed: 8/31/2020 1:23:51 PM Electronic Record and Signature Disclosure: Accepted: 8/31/2020 1:23:18 PM ID: ba43a912-487a-413f-b79d-cdf7de529408 Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 8/31/2020 1:23:53 PM Viewed: 8/31/2020 1:25:49 PM Signed: 8/31/2020 1:26:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Nicholas Vincent nicholas.vincent@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/31/2020 1:26:20 PM Viewed: 8/31/2020 1:30:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 8/31/2020 1:26:20 PM Viewed: 8/31/2020 2:49:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/31/2020 1:26:20 PM Certified Delivered Security Checked 8/31/2020 1:26:20 PM Signing Complete Security Checked 8/31/2020 1:26:20 PM Completed Security Checked 8/31/2020 1:26:20 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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