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HomeMy WebLinkAboutGALARDI ROTHSTEIN GROUP AUGUSTA UTILITIES WATER AND WASTEWATER RATE STUDY UTILITIES DEPARTMENT _� � ;�=�- G E' � R G 1`A STATE OF GEORGIA RICHMOND COUNTY CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND GALARDI ROTHSTEIN GROUP (CONSULTANT) CONSULTANT: GALARDI ROTHSTEIN GROUP PROJECT: Augusta Utilities Water and Wastewater Rate Study DATE EXECUTED: DATE COMPLETED: 1 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� �, :�=�- G � O R G.I A STATE OF GEORGIA RICHMOND COUNTY CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA - (CITY) AND GALARDI ROTHSTEIN GROUP (CONSULTANT) This Agreement is made and entered into this day of , 2011 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the "CITY" and GALARDI ROTHSTEIN GROUP, a Corporation authorized to do business in Georgia, hereinafter called the "CONSULTANT." WHEREAS, the CITY desires to engage a qualified and experience consulting firm to furnish professional services for: Augusta Utilities Water and Wastewater Rate Study; and, WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that: 2 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —/= � ; j�=�z,- G E� O R G I A GENERAL PROVISIONS CONSULTANT has agreed in its Agreement with CITY to provide the professional services required to meet the scope as described in Attachment A. CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility companies, and other consultants as directed by the CITY. CITY, CONSULTANT and all - relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perforrn any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this _ Agreement. Amendments must be fully executed by both the CONSULTANT and CIT'Y to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONSULTANT. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D- Schedule. 3 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� � :�� G � O R G I A This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such services required or requested of CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULTANT each binds itself and themselves, it's or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations and agreements, either written or oral. - 4 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -� � ;�! �- G '� R G i A DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: A�reement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. A�reement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CITY -means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CIT'Y to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order - means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement. 5 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -/= � ;�=�- c 'o � c t n CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents. Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement - Including Attachments 2. General Conditions 3. Supplemental Conditions - Including Task Orders 6 OF 34 REVISION DATE: June 2011 - - - UTILITIES DEPARTMENT _� -' ;i�=�-- G � 4 R G 1 A GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Task Order authorization. The effective date of services shall be defined in each Task Order authorization. - 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT'S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. 4. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C- Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CONSULTANT's Key Personnel without the prior written approval of the CITY or his designee. The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work as required. The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration 7 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —� � :�! --Q, G ' Cf A G I A for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT _ and responsible for the work prescribed by this Agreement. 5. ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct negligent errors and omissions in such work without additional compensation. The CONSULTANT shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential use and information of the CIT'Y and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any i.nformation concerning the PROJECT, should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A. � 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� � i��-- G Ef O � G 1'A 8. TURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and - CONSULTANT with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 9. TERMINATION OF AGREEMENT FOR CAUSE _ If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. - 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY employees. 9 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —� � ;�'�- G � � R � t + A 12. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indexnnify both the CITY against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULTANT during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmeri s Compensation Insurance - in accordance with the laws of the State of Georgia. B. Public Liability Insurance - in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Dama�e Insurance - in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate lixnit of One Million ($1,000,000) Dollars. 10 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -� � ;�� G ' � R� t A D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance - in an of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverage's identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CIT'Y as additional insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 15. PROHIBITED INTERESTS 15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CIT'Y's Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING T'he CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 11 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —� �, ;�=�- G ' D R G I A 17. ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisernents for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. _ 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also 12 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -,�� � ; G 't} � C I A permit the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT's knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terxns or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 13 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� J :�� c 'o x � t n 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CIT'Y: CONSULTANT: ADMINISTRATOR PROJECT MANAGER AUGUSTA, GEORGIA GALARDI ROTHSTEIN GROUP 530 Greene Street Attn: Eric Rothstein Augusta, GA 30901 740 S. Federal Street, Suite 1101 Chicago, Illinois 60605 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street Augusta, GA 30901 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: AUGUSTA, GEORGIA (CIT'� CONSULTANT � -- - � BY: �'`��` � BY: � ^ f'�j"� � PRINTED NAME: ��U.�1> ;- C� �P� i� f�f=i i.���.p�NTED NAME: �"7f'/C �D7�f$ 1 1 �� � TITLE: MAYOR TITLE: PROJECT MANAGER ... . ATTEST �LERK: �.�� `�"� �' :�i�p ��1 ,. n e� �� �r� �o�.�I DATE: ��� (f�` ,+,' o''� DATE: �//�-svv�9�/ l�, 2��/ Z .s 0 9 � � �� ' �'�... '� � i: t:�.._ ) , � . ... ., -� � �� � " ;'� - �f�`, ., :.� . o� 7. �` W � t ��;;,� � �`� .., .+.." - 14 OF 34 ' REVISION DATE: June 2011 UTILITIES DEPARTMENT _� � ;i�� G `U R G T A CONSULTANT'S RESPONSIBILITIES CONSULTANT shall review its understanding of the Project requirements with the CITY and shall advise CITY of additional data or services which are not a part of CONSULTANT's services, if any, necessary for work to begin. PROTECT UNDERSTANDING Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in the regard. CONSULTANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 - Insurance. CITY'S RESPONSIBILITIES CITY-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CONSULTANT will notify alt property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONSULTANT shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will 15 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —� � ;�� G `� A G I A provide the necessary documents identifying the CONSULTANT as being in the employ CITY for the purpose described in the Agreement. ADVERTISEMENTS, PERMITS, AND ACCESS Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all _ advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT construction. TIMELY REVIEW CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required by CITY in a timely manner. PROMPT NOTICE - CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes aware of any development that affects the scope or timing of CONSULTANT's services, or of any defect in the work of CONSULTANT. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. LITIGATION ASSISTANCE The Scope of Services does not include costs of CONSULTANT for required or requested _ assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional services. 16 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� - ;i�� G � O R G I A ATTACHMENT A- SCOPE OF SERVICES Proj ect Understanding Over the course of the last decade, the City of Augusta has made major investments in its water and wastewater systems and now serves the U.S. Army's Fort Gordon garrison. The Augusta - Utilities Department (AUD) is updating its Master Plan and future Capital Improvement Program to reflect changes in its systems' infrastructure and prospective system development needs. A cost-of-service rate analysis, including an evaluation of impact fees and affordability program options, will help ensure the equitable distribution of system cost responsibilities across ratepayers. The study will further address emerging policy considerations including the need to promote water efficiency in the context of state-wide water supply challenges and the need to ensure the affordability of services for basic human health and sanitary needs. Project Team & Ro1es Galardi Rothstein Group (GRG) will serve as the prime for this engagement and will provide financial and rate consulting services. Raftelis Financial Consultants, Inc. (RFC) will serve as a sub-consultant providing financial and rate consulting services, and W.K. Dickson will serve as a sub-consultant providing cost allocation services. AUD Staff Role: AUD staff will be responsible for providing data for the study, reviewing draft deliverables, and participating in meetings and workshops. The Project Team (RFC/GRG) has found that the most successful projects include client involvement throughout the engagement. At the same time, the Project Team realizes AUD staff has other responsibilities, so it must utilize staff time efficiently. The Project Team anticipates AUD designating a staff inember to be the Client Project Manager who will serve as the prixnary contact and who will have authority to provide guidance to the Project Team. Eric Rothstein, CPA: Project Manager (Principal, GRG) Role: For this engagement, Eric Rothstein will be responsible for contractual representations with the City as well as overall project accountability, and will serve as the primary contact with the City for this engagement. He will manage the project and ensure it is within budget, on schedule, and that work and deliverables are satisfactory to the City. He will also conduct and oversee analytical services. 17 OF 34 REVISION DATE: June 2011 - UTILITIES DEPARTMENT _� � ;�! �- G 'o � c t n Peiffer Brandt: Technical Advisor (Chief Operating Officer, RFC) Role: For this engagement, Peiffer Brandt will be available to advise the Project Team on rate structure and cost of service matters. Debbie Galardi: Staff Support/'Technical Advisor (Principal, GRG) Role: For this engagement, Debbie Galardi will be available to advise the Project Team on rate structure and cost of service matters. She will also assist with customer classification, review of impact fee analyses, and evaluation of rate design options. Melissa Levin: Lead Consultant (Manager, RFC) Role: For this engagement, Melissa Levin will conduct analyses and prepare project deliverables. She will also serve as Assistance Project Manager, providing daily support and back-up for project management duties. David Fox: Staff Consultant (Consultant, RFC) Role: For this engagement, David Fox will compile and analyze AUD data sets, perform analyses and modeling services, and help prepare project deliverables. Trey Wingate, PE: Cost Allocation (Principal-In-Charge, W.K. Dickson) Role: For this engagement, Trey Wingate will assist in the technical review of system operating data and consideration of the design and function of system assets for the cost allocation phase of the analysis. - Gordon Smith, PE: Cost Allocation (Project Manager, W.K. Dickson) Role: For this engagement, Gordon Smith will assist in the review of system operating data and consideration of the design and function of system assets for the cost allocation phase of the analysis. In addition, he will offer additional perspectives on stakeholder engagement issues and protocols. 18 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� �',�! �- G ' Cj R G I"A Proj ect Approach The Project Team has structured its approach with three main components: 1) cost-of-service rate development; 2) miscellaneous fee and charge review/update; and 3) affordability issues and public involvement/education. The three components are budgeted separately but are closely interrelated. The proposed process for cost-of-service rate development follows the standard approaches outlined by the American Water Works Association (AWWA) and the Water Environment Federation (WEF). This process begins with development of utility revenue requirements, and is followed by a four-step cost allocation process;l) functionalization, 2) joint and specific allocation, 3) classification, and 4) customer class allocation. The final step in the rate development process is the design of a structure of rates and charges for each customer class. Cost of service serves as the framework from which to evaluate allocated revenue requirements and alternative rate structures. Deviations from cost of service rates may be warranted to further a community's public policy objectives. Workshops Because the GRG/RFC project approach is grounded by the intent to closely collaborate with AUD and its key stakeholders, the project approach features a series of workshops - both technical workshops and Commission/key stakeholder workshops (budgeted collectively). These workshops are outlined briefly throughout the subsequent discussion of the project approach. In general, technical workshops involve detailed discussion and review of data, calculations, and administrative considerations, as well discussions of how to synthesize _ information for key decision-makers. Commission/key stakeholder workshops are generally oriented to a review of fundamental policy issues and presentation of viable, administratively feasible alternatives for Commission consideration. Task #1- Cost-of-Service Rate Development The cost-of-service and rate development is the heart of this engagement. Proj ect Initiation, Management, and QA/QC The Project Initiation and Management Task will begin the study so that it progresses in an efficient and deliberate manner. Kick Meeting with AUD Staff The kickoff ineeting provides a solid platform from which the project is launched. The meeting serves as a forum in which management and staff can provide input on the project approach, work plan, schedule, and priorities. A successful meeting ensures that project participants mutually agree as to the project goals and expectations. 19 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —� �, ;�=�- c 'o � c � n Deliverable 1: Kick Meeting Agenda and Data Request List Data and Document Review. GRG/RFC has developed a detailed list of information needs _ and will review available data prior to the kick-off ineeting so that comments and questions related to the data may be discussed. Subsequently, data will be reviewed and discussed with staff as it becomes available. The ability to meet project schedules will be contingent on the receipt of data in a timely manner, and in a format that does not require extensive manipulation by the Project Team. GRG/RFC is committed to undertaking the necessary dialogue in order to gain an accurate understanding of the AUD's financial and system information. Quality Assurance/Quality Control. GRG/RFC's Project Team leadership will participate in and review analyses and deliverables throughout the engagement. For budgeting purposes, this activity is included within this project component. Technical Workshop 1- Pricing Objectives: In conjunction with the Project Kick-off Meeting, GRG/RFC will conduct a Pricing Objectives Workshop. The objective of this workshop is to work with staff and/or the Commission to determine the pricing objectives of both the water and wastewater rate structures. Pricing objectives typically include revenue sufficiency, revenue stability, affordability, conservation, minimizing customer impacts, economic development, ability to implement, and others. Deliverable 2: Workshop Materials, Results of Pricing Objectives Exercise Develop Revenue Requirements - Financial Data and Forecast Review. The Project Team will review historical revenues and expenditures for each system for the last 3-5 years to identify significant cost factors and trends. The Project Team will also review AUD's current operating and capital budgets and financial forecasts in order to understand the current cost structure, and to identify key forecast assumptions for development of a baseline financial forecast and sensitivity analyses. Financial Forecast Development. Annual revenue requirements will be projected for the study period. Revenue needs will include current revenue funded capital projects, debt service (existing and any projected), O&M expenses (including indirect and direct administrative costs) and policy-related requirements (e.g. funding of annual renewal and replacement expense and reserves). Projections will incorporate price inflation and account for new O&M expense requirements occasioned by installation of new capital facilities or changing regulatory requirements. Miscellaneous revenues including impact fees, other charges, and interest income will be projected and deducted from total revenue requirements to determine annual revenue required from user rates. The annual rate revenue requirements will be compared to projections of rate revenue under the current rate structure. 20 OF 34 REVISION DATE: June 2011 - UTILITIES DEPARTMENT _,� --'ii� � G � U B G T A Financial Policy Development. AUD has historically recognized the importance of financial policies, which helped lead to favorable ratings for its Series 2001 and 2004 bond issues. 'The Project Team will meet with AUD staff to discuss the Department's current financial policies addressing, for example, targeted debt service coverage and fund balance levels, and annual renewal and replacement funding. Any changes to the current policy framework will be evaluated in the context of industry standards and implications for the development of revenue requirements. Technical Workshop 2 Strategic Financial Planning/ Public Engagement Planning: The objective of this workshop is to work with staff to evaluate the outcomes of initial cash flow modeling, test key assumptions, identify and evaluate capital project schedule alternatives, and identify system-wide rate increase scenarios. This workshop involves a detailed and technical review of overall system financing options that may provide the foundation for discussions with key stakeholders and the Commission. Furthermore, with a fuller sense of the overall system-wide financing picture, this workshop may also provide for more detailed and specific planning of public engagement activities including outlining of key messages and development of informational materials. Commission/ Stakeholder Workshop 1- Strategic Financial Planning: The completion of the revenue requirements modeling is often an opportune time for engagement of key stakeholders and/or the Commission. A strategic financial planning workshop may be used to outline projected system financing requirements and potential system-wide rate adjustments required to finance capital improvement projects identified through AUD's master plann;ng processes. These workshops may also be used to educate attendees about the composition of rate revenue requirements, importance of financial policy compliance and impacts of assumptions related to consumption patterns, account growth and capital financing terms. Deliverable 3: Financial Plan Component of Model Conduct Cost Allocations Allocate Costs to System Functions. Utilities incur varying levels of costs to perform different system functions. The functionalization process involves categorizing costs according to the functions performed in order to more appropriately assign costs to customer classes. Wastewater functions typically include treatment (often subdivided by unit process), collection, pumping, industrial pre-treatment and customer service. Water system functions may include supply, treatment, storage, pumping, transmission and distribution, fire protection, and meter and customer-related service. Leveraging the knowledge of the Augusta systems of W.K. Dickson, the Project Team will work with AUD staff to determine appropriate functional - categories and factors. Criteria for allocating costs will be based on an evaluation of the design and function of system facilities. joint & Specific Cost Groupings Functional costs will be grouped by joint and specific categories. This process allows for certain types of costs (e.g. costs related to providing service 21 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� - ;i�=--a[- G �U R G ! A to Fort Gordon or specific costs associated with monitoring industrial waste users) to be allocated directly to benefiting customers. GRG/RFC, W.K. Dickson and AUD staff will work - collaboratively to determine the various levels of service provided within the system, and to group and allocate costs accordingly. Classification of Costs by Service Characteristic. Costs are classified in terxns of the base water quantity used (water) or discharged (wastewater), and costs associated with meeting peak usage demands, or addressing wastewater strengths. Customer service, billing, and meter costs are allocated based on the number of customers served, and the sizes of ineters in service. Allocate Costs to Customer Classes. The selection of a customer classification system is critical to the establishment of an equitable cost of service framework. In addition to equity considerations, the selection of customer classes will need to consider data availability and billing system capabilities, so that customer demands may be estimated, and if desired, rates charged accordingly. Additionally, classifications may be established to enable tailored pricing for targeted user groups (e.g., low-income customers). The customer characteristics analysis will likely include analysis of water system demand patterns and establishment of peaking factors. For the wastewater system, we will review and analyze wastewater system flow levels and patterns, influent strengths, and other characteristics (e.g. geographical location) by customer class. Data sources generally include customer billing information, system operations reports, engineering studies, and industrial monitoring data. Once the customer classification system has been determined, units of service will be estimated for each customer class based on available data. Unit costs will be calculated for each cost component, and costs allocated to each class in proportion to their use of the systems. Technical Workshop 3- Cost Allocation: - The objective of this workshop is to work with staff to make sure that costs to be recovered through user rates are properly allocated among functions and customer classes. A workshop setting for this work has proven to be an efficient and effective means to review design and operational considerations, informed by the collective knowledge and experience of AUD and Project Team staff. Rate Design Evaluate Rate Structure Alternatives. The Project Team will evaluate the current rate structures and potential alternatives with respect to the Departxnent's specific criteria, which may include: conservation, revenue adequacy and stability, rate equity, and affordability. The Project Team will also provide insight on experiences of other utilities. Alternative rate structures to be considered will specifically address water conservation imperatives and affordability considerations. Calculate Rates and Sample Bills. Based on the cost of service analysis, rates will be - calculated for each customer class under the current rate structure, as well as selected 22 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -% - i�� G �(1 R G I A alternatives. For each alternative, the Project Team will verify that the revenue generated equals the cost of service, and we will compare revenue by class under the alternative rates with existing revenue collections. The Project Team will prepare sample monthly bills for different usage levels within each class to illustrate the impacts of the alternative rate scenarios across and within classes. Technical Workshop 4- Rate Design: - The objective of this workshop is to review with staff customer user characteristics which provide a basis for alternative rate structures, define the calculations used to determine cost-of service based rates and charges, and identify alternative rate structures to generate system revenue requirements. In addition, the Project Team will examine customer bill ixnpacts of the various rate structures that are under consideration. High Strength or Extra-Strength Surcharges AUD is interested in having high strength or extra-strength charges calculated for waste contributions whose pollutant strengths are in excess of regular domestic strength waste. In general, such high strength charges are based on the unit costs for strength handling determined through the general cost allocation process and specific costs incurred to handle high-strength waste. We will generate and provide cost templates for the calculation of these fees for BOD, TSS, nitrogen and other parameters, as requested. We will also provide guidance on setting the limits for which the charges for BOD, TSS and nitrogen become effective. Commission/ Stakeholder Workshop 2 Water and Sewer Rate Design: The completion of the core cost-of-service analysis and rate design option evaluation presents another opportunity for engagement of key stakeholders and / or the Commission for fundamental policy decision-making. AUD has the option of recovering allocated revenue responsibilities from customer classes in innumerable ways - many which may advance a variety of public policy objectives. Within boundaries defined in Technical Workshop 4, the Project Team will conduct workshops that review pricing objectives, outline rate design alternatives and delineate the customer bill impacts associated with given alternatives. Deliverable 4: Rate Structure Design Memorandum Rate Models The Project Team will custom build a spreadsheet-based rate model in Microsoft Excel. Exact model specifications will be defined collaboratively with AUD staff but typically feature: a. Dedicated Input Areas. The model will contain a clearly labeled'Assumptions' section. This will allow the user to modify significant assumptions that impact utility financial performance. 23 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -� , i �� G �`U R G_ I A The model will include the flexibility to change key assumptions including: customer growth, cost inflation, capital funding mix, debt financing terms, capital project timing and costs, and required cash balances or contingencies. Data input sections will emulate, to the extent practicable, City budget and reporting formats. b. Financial Plans / Cost-of-Service Analyses. Based on user-entered assumptions and data, the - rate models will be designed to calculate revenue requirements, functional cost allocations, unit costs, and alternative rate structures for all customer classes. c. Summary Tables /Graphics will include utility fund cash flow summaries, revenue requirements results, cost-of-service results, rate tables, and sample customer bills. Other summary reports and graphics can be designed and incorporated into the model. Deliverable 5: Preliminary Results of Proposed Rate Structure Changes and Rates Model Training Model training will be provided for AUD staff both through the collaborative model development process and a dedicated on-site workshop. This training will consist of an overview of the rate model functions and results interpretation, as well as detailed sessions to ensure that assigned staff can perform model updates and run specified, anticipated, "what-if" scenarios. Technical Workshop 6 - Model Training - As noted above, the objective of this workshop is to train staff in the use of the rate and financial planning model that is built as part of the rate study and is a formal deliverable of the project. We will conduct a half-day training program with staff in the use of the model. Deliverable 8: Draft Reports/Commission Presentation Task #2 - Miscellaneous Fee Review and Update The primary objective of this component of the study will be to review and calculate appropriate impact fees. The Project Team will also take this opportunity to review the City's other miscellaneous fees such as late payment charges, turn-ons/turn-offs, etc. Impact Fee Review As cost-of-service based water and wastewater rates may help ensure equity across different classes of system users, ixnpact fees may be an important mechanism to ensure equitable distribution of cost responsibilities between existing and prospective users. Impact fees are assessed to recover costs incurred to provide capacity to accommodate development and have 24 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -/= � i �� G 'O R G I A become an integral component of the capital funding plans of many water and wastewater utilities throughout the country. The Project Team will provide a general review of both the policy issues and methodological approaches to impact fee development and conduct an impact fee analysis. Specific methodological issues typically include: - Allocation of existing and planned capital improvement costs among existing - customers and future customers - System financing considerations (including debt service credit calculations) - Basis for assessing impact fees for specific development types and sizes - Developer reixnbursement policies Technical Workshop 5a - Impact Fee Analyses: The objective of this workshop will be to review the legal requirements for fee calculations in the State of Georgia, the outcomes of cost allocations defining capital costs associated with providing capacity for new development, the mechanics of debt service credit calculations, the relative advantages and disadvantages of assessment basis alternatives and impact fee fund management requirements. Other Miscellaneous Fees Review The goal of this task is to inventory and analyze existing miscellaneous fees and charges to determine the most appropriate methodology for validating these fees and services, and to recommend new miscellaneous fees and charges not currently assessed by AUD. Utilities typically collect several non-user fees or charges such as: late payment charges, returned check charges, new account fees, disconnection for non-payment charges, tap fees, etc. As a first step, the Project Team will review each of the fees currently collected by AUD and the methodology by which each fee was developed (if available). The Project Team will interview AUD staff in order to gain any insight into the prior calculation of each fee and the purpose for each of the fees. It will then inventory each of these fees including the level of the fee, the date the fee become effective and the level of revenues generated from each of the fees. The second step will involve determining the appropriate methodology for validating each fee. The majority of the fees would be validated using one of several of these approaches: - Inflationary adjustment - Benchmarking with peer utilities - Estimated costs for required activities As a last step, the Project Team will compare the current fees to those offered by other communities (local and regional) in order to determine if there are additional miscellaneous fees and charges that can be assessed by AUD (or whether selected fees should be terminated). The Project Team has performed numerous miscellaneous fee benchmarking studies for other similar utilities and will use its knowledge and experience to determine opportunities to implement new fees or simplify AUD's current fee structure. 25 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -�= � ;i�� G � O R G I A Deliverable 6: Results of Impact Fee Analysis and Miscellaneous Fee Review Task # 3- Affordability Issues and Public Involvementf Education Evaluate Low-Income Affordability Issues Nationally, as wastewater rates have continued to increase at roughly double the rate of inflation over the last decade, concerns about impacts on low-income customers have come to the forefront. Many utilities have both structured rates and implemented affordability programs to ensure the availability of service to meet health and sanitary needs for all ratepayers. A review of low-income affordability program options may enable the Department to address this issue proactively. Suggested steps include: - Review of industry practices. The Project Team will prepare a review of affordability program options implemented elsewhere in North America and address both policy and implementation considerations; - Program implementation guidance. Based on Department direction on what (if any) programs to implement, the Project Team will provide guidance on specific program policies and procedures; - Affordability Fee development - We will also identify alternative approaches to financing efforts to address affordability, whether through the AUD rate structure, contributions or program funding. - Technical Workshop 5b - Affordability Program Options Workshop: - In conjunction with one of the other technical workshops (for budgeting purposes 5a), GRG/RFC will conduct a workshop with staff to review priorities related to affordability for disadvantaged customers. The Project Team will review low income affordability program options and experiences of other utilities in the country, potential legal considerations associated with affordability program fees and funding, and program implementation/administration considerations that will enable AUD to address affordability proactively. Deliverable 7: Affordability Options Memorandum and Draft Program Guidelines Commission/ Stakeholder Workshop 3 AUD Rates, Fees and Public Outreach: With the completion of all of the technical components of the study, there is the opportunity to engage key stakeholders and/ or the Commission on the breadth of AUD financing considerations, perhaps with emphasis on the use of impact fees, miscellaneous fees and affordability fees and program funding. This workshop may be particularly useful in portraying a complete picture of how AUD's financing strategy is designed to ensure the integrity of system finances and provide for an equitable distribution of cost responsibilities. 26 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� - �i�=-�- G '(3 R iP, I A Public Involvement�Education For this rate study to have value to AUD and its customers, recommendations developed through collaboration of the Project Team and AUD staff must be approved and implemented. To enhance the likelihood of achieving approval of the recommendations, the Project Team has found that effective education and participation of key decision-makers over the course of the study enhances understanding and acceptance of study outcomes. Accordingly, as noted throughout the discussion of specific steps of the project approach the Project Team has identified opportunities for Corrunission/ stakeholder workshops. In addition, the Project Team has budgeted for the study to be formally presented to City/County management and the Commission. The Project Team is also prepared to assist the City with the development of informational collateral materials for public education efforts. Website Bill Calculator Specifically, as part of the project scope, the Project Team will develop a bill calculator to be posted on AUD's website that will enable AUD customers to input varying amounts of water usage and customer type. A bill will be calculated based on information input by the customers. Proj ect Reporting Technical memoranda may be prepared to review and document specific issues (e.g. rate design options). In any event, the project will be documented by a project report reviewing all assumptions, supporting data and calculations performed to derive the study results. The project report will review the development of rate revenue requirements from AUD's available budget and capital improvement program information as summarized in the strategic financial plan. The report will also provide documentation for the basis of the distribution of system costs to utility funciions and service characteristics and the distribution of costs to customer classes. The report will review rate design options, their evaluation based on the pricing objectives delineated in Workshop #1, and the relative advantages of the option recommended for AUD implementation. A draft of the project report will be submitted to AUD for review in advance of presentation. Based on this report and direction of AUD staff, the study results and recommendations will be presented to City management and the Commission as requested (2 presentations have been budgeted - assuming one for City Management and one for the Commission). Following presentation of the study results, final reports as well as final revisions to the models used to calculate cost-of-service rate options and impact fees will be provided to AUD. These final deliverables, with associated training, will provide complete documentation of the study and important resources for future AUD updating of cost-of-service and impact fee analyses. 27 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT -/= � ;�=�- G ' Q R G I A Deliverable 9: Final Project Report - providing full documentation of study analyses, rate design options and associated customer bill impacts, and study recommendations. Deliverable 10: Final Rate and Impact Fee Models - providing infrastructure for regular updating of the cost-of-service and impact fee analyses. These models will be structured to _ facilitate AUD staff analyses with limited or no consultant review and oversight. They will also generate readily understood charts and table that highlight key study results (e.g., bill impacts, inter-class subsidies, etc). 28 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —/= � :�'�- G `� B G I A ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CIT'Y shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not be considered to be evidence of performance by the CONSULTANT to the point indicated by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. - Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONSULTANT to proceed with additional work authorized in a Task Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged directly on the work. Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested acceleration of the scheduled work in writing. Table 1 provides a summary of the Budget Estimate to perform each task item and is used to reference percent complete of each project phase. The fee for the scope of services described herein shall not exceed $199,520.00 based on the Budget Estimates below. Fees will be billed hourly based on CONSULTANTS current rate - schedule. CONSULTANT may alter the distribution of fees between but may not exceed the totalfee. 29 OF 34 REVISION DATE: June 2011 - UTILITIES DEPARTMENT _� �, i G ' O � C I A TABLE 1- Budget Estimate Task # 1 Cost-of-Service Rate Develo ment Pro'ect Initiation, Mana ement, and QA/QC $17,070 Develo Revenue Re uirements / Strate 'c Financial P1amlin $12,200 Cost Allocations $14,680 Rate Desi $8,230 Conservation Fees $2,280 Hi h-Stren Surchar es $5,680 Rate Models $16,460 Model Trainin $3,800 Associated Worksho s $29,260 Ex enses $11,490 Subtotal $121,150.00 Task # 2 Miscellaneous Fee Review Im act Fee Anal sis $10,960 Other Miscellaneous Fees Review $ 7,560 Associated Worksho s $6,620 Ex enses $ 3,220 Subtotal $28,360.0 Task #3 Affordabili and Public Involvement/Education Affordabili Pro am Develo ment $ 6,300 _ Affordabili Fees $ 2,280 Commission / User Grou Worksho s $ 16,260 Website Calculator $5,12 Associated Worksho s $6,060 Ex enses $2,930 Subtotal $38,950.00 *'� Pro' ect Re ortin Re ort / Recommendation Presentations $ 8,520 Ex enses $2,540 Subtotal $11,060.00 Total Fee $199,520.00 30 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _� � i�--ct- G f � � G 1 A ATTACHMENT C- LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. 'The list of key personnel below, including a designated Project Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: Personnel Relationship to project Firm Affiliation Eric Rothstein Project Manager Galardi Rothstein Group Peiffer Brandt Technical Advisor Raftelis Financial Inc. Debbie Galardi Staff SupportfTechnical Galardi Rothstein Group Advisor Melissa Levin Lead Consultant Raftelis Financial Inc. David Fox Staff Consultant Raftelis Financial Inc. Trey Wingate Cost Allocafiion W.K. Dickson Gordon Smith Cost Allocation W.K. Dickson 31 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT _,�_ -' :�=�-- G r f? $ G I A ATTACHMENT D- SCHEDULE FOR PERFORMANCE Table 2 is provided as an estimated schedule for completion based on notice to proceed by December 15, 2011. The nature of this project is partially based on AUD's staff's level availability and dates given are tentative. TABLE 2- Estimated for Schedule Completion Dates Tasks Estimated Com letion Date Task # 1 Cost-of-Service Rate Develo ment Pro'ect Initiation Dec 15, 2011= Jan 15, 2012 Deliverable 1: Kick-off Meetin A enda / Data Re uest List December 15, 2011 Workshop 1: Pricin Ob'ective Worksho Week of Jan 16+�, Date TBD Deliverable 2: Results of Pricin O'ectives Exercise Januar 23rd, 2012 Develo Revenue Re uirements Jan 15, 2012 - Feb 15, 2012 Deliverable 3: Financial Plan Com onent of Model Feb 15, 2012 Workshop 2: Strategic Financial Planning/ Public Communication Plann;n Week of Feb 13� Date TBD Cost Allocations Jan 15, 2012 - Mar 15, 2012 Workshop 3: Cost Allocation Worksho Week of Feb 13� Date TBD Rate Desi Feb 15, 2012 - Mar 15, 2012 Deliverable 4: Rate Structure Desi Memorandum March 1, 2012 Workshop 2: Rate Desi O tions Worksho Week of Feb 13� Date TBD Deliverable 5: Preliminary Results of Proposed Rate Structure Chan es and Rates A ri11, 2012 Rate Models/Pro'ect Re ortin Deliverable 8: Draft Re orts/Council Presentation Ma 15,2012 Deliverable 9: Final Re orts June 18, 2012 Deliverable 10: Final Rate and Im act Fee Models June 18, 2012 32 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —� � ;i�=-a.- c 'v � � i n ask #1 - cont. Model Trainin Workshop 6: Model Trainin Worksho Week of June 18+� Date TBD Task # 2 Miscellaneous Fee Review Im act Fee Anal sis Feb 15, 2012 - Ma 15, 2012 Workshop 5a: Im act Fee Anal sis Week of A r 16+� Date TBD Deliverable 6: Results if Im act Fee Anal sis Ma 15, 2012 Task #3 Affordabili and Public Involvement/Education Affordabili Pro am Develo ment Workshop 5b: Affordabili Pro am O tions Worksho Deliverable 7: Affordability Options Memorandum and Draft Pro ram Guidelines Public En a ement TBD 33 OF 34 REVISION DATE: June 2011 UTILITIES DEPARTMENT —� � :i�!-� G ' O R G I A ADDITIONAL SERVICES: 1. A revision to the contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Other revisions required by the CITY or other government agency at their request will be considered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY not assumed in project. 4. Phase 3- Business Plan Proposed Scope of Services 5. Additional meetings, workshops, and tasks not specifically identified herein 6. Other not described above, as approved by the CITY. 34 OF 34 REVISION DATE: June 2011