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HomeMy WebLinkAboutAG-C-431 FCS Group AGREEMENT FOR PROFESSIONAL SERVICES AG-C-431 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and FCS Group whose address is 7525 166th Ave NE, Suite D-215, Redmond, WA 98502, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows. 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY All work under this Agreement shall be completed by June 1, 2014 and can be amended by both parties for succeeding years. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The total compensation for this Agreement shall not exceed $124,080.00. Paid per rates are attached in the fee schedule as shown on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. ------------------------------------------------------- Agreement for Professional Services AG-C-431 May 21, 2013 Page 1 of 10 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contractor or any other relationship Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3 All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally-accepted professional accounting and the requirements of the CITY Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a --------------- ----------------------------- Agreement for Professional Services AG-C-431 May 21, 2013 Page 2 of 10 waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries or damages caused by the sole negligence of the CITY 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity CONSULTANT shall obtain insurance of the types and in the amounts described below --------------------------------- --------- Agreement for Professional Services AG-C-431 May 21, 2013 Page 3 of 10 a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the CONSULTANT had employees. However, the parties agree that a CONSULTANT who has no employees would not be required to have Worker's Compensation coverage. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Agreement for Professional Services AG-C431 May 21, 2013 Page 4 of 10 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance a. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY. Any insurance, self insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute with it. b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the CITY by certified mail, return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. --------------------------------------------------------- Agreement for Professional Services AG-C431 May 21, 2013 Page 5 of 10 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals. (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency, (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or -- ---------------------------------------------------- Agreement for Professional Services AG-C-431 May 21, 2013 Page 6 of 10 performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification, and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process Agreement for Professional Services AG-C-431 May 21, 2013 Page 7 of 10 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5 This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. ---------------------------------------------------------- Agreement for Professional Services AG-C-431 May 21, 2013 Page 8 of 10 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Karyn Johnson, Principal on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn FCS Group Attn- Daniel Repp Attn. Karyn Johnson, Principal 25 W Main Street 7525 166yh Ave NE, Suite D-215 Auburn WA 98001 Redmond, WA 98052 Phone 253 804.5062 Phone 425 867 1802 ext. 241 Fax: 253 931 3053 Fax: 425.867 1937 E-mail: drepp @auburwa.gov E-mail: karyn @fcsgroup corn 13 10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 13.9 or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. Agreement for Professional Services AG-C431 May 21, 2013 Page 9 of 10 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. CIT Peter B Lewis, Mayor Date IN -5 7Qf3 ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM .0:�6a —0 — Daniel B. Heid, City At rney FCS Grp A10 �By ' & �/FX0111— Title/ ��/'✓��Ui l�/� , �r Federal/Tax ID # --------------------------------------------- Agreement for Professional Services AG-C-431 May 21, 2013 Page 10 of 10 ,�,\ a1+ Exhibit A Scope of Work City of Auburn Water, Sewer, and Stormwater Cost of Service/ Rate and SDC Study The following Scope of Work(SOW) identifies the activities that FCS GROUP will perform for the City of Auburn's Water, Sewer, and Stormwater Cost of Service Rate and Charge Study. Note that the SOW includes baseline study tasks and optional tasks for the City's consideration.Note that the baseline study tasks do not include review of wholesale rates. Wholesale revenues would be assumed at existing levels, consistent with utility-wide retail rate adjustments, or adjusted based on a cost escalation factor defined by the City A. BASELINE STUDY TASKS Task A-1: Data Collection / Kick-off Meeting Attend a kick-off meeting with the City staff to introduce the project team, discuss key issues and objectives, and review readily available information. In particular, any customer equity concerns will be discussed that could result in revisions to cost allocation methodologies and/or revised rate structures. Provide a written data request list to the City in advance of the kick-off meeting. Review, analyze, and validate data as necessary for use in conducting the technical analyses. Follow up with City staff(via telephone/ email)for any additional items or explanations as necessary Task A-2: Spreadsheet Model Development Utilizing the cost of service/rate design modules developed for the City during the 2010 rate studies, revenue requirement transition worksheets will be created to incorporate the pertinent line item detail for each utility from the City's current combined financial models.This will include sections for the detailed line item O&M expenditures and the cashflow"test page"to include other expenditures, non-rate revenues, revenues under existing rates, and rate revenues incorporating proposed rate adjustments.Additional detail and analysis will likely be required from that included in the revenue requirement forecasts or overall rate adjustments proposed in the City's model in order to separate retail and wholesale revenues, revenue requirements and rate adjustments. Update the models to reflect current plant, customer, and operational data, as well as current cost of service/ rate structure policy goals for each utility. Separate models will be provided for each utility Task A-3: Retail Cost of Service Analysis The cost of service analysis provides a defensible basis for assigning"cost shares" and establishing "equity"for utility customers based on their unique demands placed on the systems. Detailed customer billing analyses and cost allocations will be performed for each utility. Cost allocations for the stormwater utility will be used to evaluate potential revisions to credit policies, if warranted.This task will include the following: • A Customer Statistics Analysis to evaluate individual customer data including: number of accounts, meter size, equivalent service units and water usage patterns (annual use,winter period use, and summer use). Summarize customer statistics to determine if the current grouping of customers for each utility remains appropriate and for subsequent use in developing rate structures. Page 1 • A Price-Out"of Rate Revenue by Customer Class under Existing Rates to validate the underlying customer data set for use in assessing cost of service shifts and designing rate structures.This is a critical process in a cost of service rate study to provide the baseline for analyzing the current distribution of costs by customer class in comparison to any indicated shifts in the distribution of costs resulting from the cost of service analysis.Apply prevailing rates to the customer statistics and calculate revenues by customer class.These calculated revenues are tested against actual reported revenues by customer class to determine if the underlying data set is valid. Depending on the initial outcome, this could include follow up with City staff to determine potential reasons for any significant discrepancies before moving forward with rate design. • A Functional Allocation of System Assets and E.rpenses to provide the baseline for assigning costs to customer classes. Review historical asset records and classify plant investment by major categories. For water, major categories include supply/treatment, storage, transmission/distribution, meters &services,hydrants, customer, and general plant. For sewer, major categories include customer, collection, and general plant. Treatment service is provided by King County Metro. Assign categorized plant investment to functional cost components using system design criteria. For water, functional service components include customer,base demand, peak demand, and fire protection. For sewer, functional service components include customer and flow. Stormwater costs will be allocated to"base" and "use"components.All customers will be assigned the base costs,while"use"costs will define credits. • ADistribution of Costs to Customer Classes using the results of the customer billing analysis and the functional cost allocation process. For each utility, allocate system costs to customer classes in proportion to use/demand. Derive class of service unit costs for use in designing rate structure components(further discussed in Task 5. • A Phase-in Strategy to Meet Customer Class Cost of Service should study results indicate significant cost shifts amongst customer classes within each utility.This would involve developing strategies to move customer classes to indicated cost of service over a 3 to 5-year period,while ensuring adequate overall revenue generation for each utility. Task A-q: Fire Protection Cost Removal from Water Rates Identify and remove fire protection costs from water rates in compliance with the Washington Supreme Court ruling(Lane v.Seattle). In its ruling the Court defines public fire protection as a general government service that cannot be funded through water rates. The cost of service analysis for the water utility will facilitate compliance with the Lane verdict.Working with the current water system plan, determine the portion of the water system's operation attributable to the provision of fire protection and remove those costs in the calculation of updated water rates. Work with the City to establish policy objectives and potential strategies for the recovery of fire protection costs through other means.The Court upheld "a solution"that an increase to the utility tar on the water utility to recover those costs is valid and within statutory authority Alternatively, a direct payment from the General Fund to the water utility could be made. Task A-5: Retail Rate Structure Evaluation Review and analyze the current utility retail rate structures. Recommend rate structure modifications reflective of cost-of-service findings and policy objectives for rate stability, customer equity, efficiency of use, and administrative practicality. Evaluate and demonstrate the ability of the resulting rates to generate the projected and required revenues by testing rates against composite system customer demands. Identify revenues to be generated from the fixed and volume-based components of the rate structure to provide for revenue stability. Prepare sample single-family residential (SFR) and non-SFR bills under existing and proposed rates. Conduct a survey of sample Page 2 bills for up to five(5) neighboring jurisdiction's for the the single family residential class.The budget provides for up to 2 rate structure options for each utility, including seasonal rates for water utility non-SFR customers. Task A-6: System Development Charge Update Conduct the technical analysis necessary to update water, sewer, and stormwater SDCs using the methodology developed for the 2oro rate and charge study.This methodology incorporates existing plant in service (with allowable adjustments),plus future capital projects to upgrade or expand the systems. Replacements projects are excluded from the calculation. Incorporate current and planned system investment and system capacity and calculate the maximum allowable SDC per customer equivalent. Update the schedule of charges for each utility system. Conduct a survey of up to five (5) neighboring jurisdictions to compare the level of residential (or equivalent customer) SDCs. If the City chooses to include the optional SDC white paper task(Task B-r) and an alternative methodology is selected, charges will be developed based on the selected methodology. Task A-7: Meetings&Presentations Prepare materials and attend the following meetings to review interim findings,obtain policy direction, and present draft and final study results. In addition to kick-off meeting described in Task I, the following review meetings are anticipated: • Up to two(2) meetings with City staff to review interim finding and receive policy direction. • Up to two(2) meetings with the Public Works Committee and/or other committees to review draft results and receive policy direction prior to the Council presentation. • Up to two(2)meetings with City Council to review draft and final study results. Task A-8: Documentation Prepare/submit a study report summarizing major assumptions, findings and study recommendations for each utility. A draft will be provided in electronic format for City staff review and comment. A final report will be delivered in hard copy and electronic format.The supporting spreadsheet analyses for each utility will be included as technical appendices. Task A-9: Project Administration/Management Perform miscellaneous project set up activities, work paper documentation, internal scheduling/ workload planning, invoicing, ongoing client correspondence, and other miscellaneous administrative/ project management activities throughout the study. B. OPTIONAL STUDY TASKS Task B-t: SDC White Paper Craft and submit a white paper addressing general SDC background, philosophy, and alternative methodologies commonly used in the industry and in compliance with Washington State legal precedence. This evaluation will include a discussion of general purpose; delineation of alternatives; allowable costs and adjustments; system capacity/customer base; analytical components; data needs; and applicability.We will also document alternatives related to the structure of charges for the utility systems, such as meter size, sewer flow, impervious surface area, etc.This evaluation will also address administrative and procedural topics related to the SDCs that take into account the City's current practices, experiences and requirements.We will expand the SDC survey discussed in the baseline study(Task A-6) to include additional research on methodology, structure, and credit policies. Page 3 This background material will highlight and structure key issues related to SDC policy and methods to assist the City in selecting the preferred method for calculating updated SDCs for each utility system. We do not anticipate the need for an additional meeting to review the paper with City staff,but could accommodate discussion via teleconference and/or combine with meetings identified in the baseline study tasks. Task B-2:Wholesale Cost of Service/ Rate Analysis Update wholesale revenue requirements and resulting rates over the study period.The analysis will be consistent with wholesale service agreements/service requirements, incorporating existing conditions and City policy direction. Review existing wholesale agreements, past wholesale rate studies, and/or other available information relevant to the assignment of infrastructure and utility costs to wholesale customers. Results of the wholesale rate analysis will be incorporated into the retail revenue requirement in the baseline study. Document study results either in a separate technical memorandum or incorporated into the baseline study report,whichever the City prefers.Attend up to two (z) meetings to review results with City staff and/or wholesale representatives if desired.We do not anticipate the need for a separate presentation of results to City Council, but rather to accommodate this within the Council presentations identified in the baseline study tasks. Task B-3: Braunwood Cost of Service/ Rate Analysis Braunwood is a small City-owned satellite system located within the City limits but serviced by its own well. Other facilities include a pump station, a small reservoir, and a water treatment/chlorination facility.The system is fully self-contained and is not connected to the City's main water system.There are approximately 15 connections residing on large lots.The City charges these customers the inside-City rates.We will perform a separate cost of service analysis to determine the actual cost of servicing this system and establish a separate schedule of rates for this system to be financially self-supporting, inclusive of the cost of maintaining and replacing its capital infrastructure. At a minimum this will include review of customer data (meter size,water usage), applicable fixed assets,historical and budgeted operating costs, identified capital needs, and incorporation of financial policies consistent with the City's main water system (e.g.,cash reserve targets, system reinvestment funding, debt coverage, etc.).This will also include discussion with appropriate City staff to estimate the level of effort required to support this system. Document study results either in a separate technical memorandum or incorporated into the baseline study report,whichever the City prefers. Attend one (t) meeting to review results with City staff.We do not anticipate the need for a separate presentation of results to City Council, but rather to accommodate this within the Council presentations identified in the baseline study tasks. Page 4 Exhibit B Fee Schedule City of Auburn Water, Sewer, and Stormwater Cost of Service/ Rate Study The Exhibit below outlines the current hourly rates, estimated labor hours, cost per task and total fee for the project. Cun,ultant flours Tout Prmnpal T.ch AA An N. Admm BoamrW 6prnsos n) mbar Johnson Venous Shades Su o Hours and a /fmvly Rddng Rmes 5125 5225 5120 S75 A.Baseline Sludt,Tasks 'Task I -Data Collection/Kick-off Meeting I nag 1 16 34 50 S 7,680 "1 ask 2-Spreadsheet Model Development 8 40 48 It 6,600 '1 ask 3-Cost of Service Anal sis 20 4 112 136 S 18,840 'Task 4-Fire Protection Cost Removal from Water Bates 8 24 32 $ 4,680 Task 5-Rate Structure Evaluation 18 4 48 70 $ 10,710 'Task 6-SDC Update 8 48 56 $ 7,560 Task 6-Meetings&Presentations]6 mtgs] 42 54 4 100 $ I6,230 'cask 7-Documentation 16 2 64 8 90 $ 12,330 Task 8-Protect Administration/Management 24 8 4 36 1 1 S 6,660 Subtotal Baseline Studv Task, 160 10 432 16 618 S 3,090 S 94,380 B.Optional Study Tasks 'Task I -SDC White Paper 8 2 48 1 59 $ 295 $ 8,380 'Task 2-Wholesale Rate Update 16 4 60 80 $ 400 S 12,100 Task 3-Brentwood Rate Analvsis 10 4 48 62 $ 310 $ 9.220 Subtotal Optional Studv Tasks 34 10 156 1 201 S 1,005 S 29,700 Total Studv 1 194 20 588 17 819 1$ 4,095 1 8 124,080 (n)S5 00 per labor hour technology charge to cover oe.lond for 1 f s}siems,compumrs,commumcauon deuces and connecaaty DIRECT EXPENSES We will waive mileage expense for this study. For any client-requested extraordinary expenses, specific terms will be established prior to expenditure and billing. Page 5 Exhibit C Project Schedule City of Auburn Water, Sewer, and Stormwater Cost of Service/ Rate and SDC Study Completion of the Cost of Service/Rate and SDC Study will be as follows: Earlv 3rd Duarte : Completion of'rasks A6 (System Development Charge update)and B-I (System Development Charge white paper). End of 2013 Completion of remaining project Tasks including presentation of technical findings/conclusions/recommendations to City End of Is'Quarter 2014 Delivery of written reports and documentation (Task A7). Page 6 CONSULTANT INVOICES CONSULTANT invoices should contain the following information. • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e. progress payment# 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement# (i.e.. AG-C-115). • Project number(s) listed (i.e. PR562) • CITY'S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.. design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e. mileage, reproduction fees (i.e. printing, copying), communication fees (i.e. telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract—total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e. a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15ffi • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-431 Page 1 of 2 SAMPLE INVOICE City of Auburn Invoice# 5222 25 West Main Progress Payment# 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn. Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement# AG-C-010 Project# PR562 Engineering Services performed during the period of January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Expenses see attached documentation Charges Multiplier Amount Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 A 1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourly Rate Amount ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 2,860,00 TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Ex ended Com leted Remainin Original Contract $22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293 51 MRF' 2,500.00 1 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.00 1 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51 Note: MRF=Management Reserve Fund Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG-C-431 Page 2 of 2 crry or AUBURN ... Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 + www.auburnwo.gov 4, 253-931-3000 June 7, 2013 Ka ry nJohnson FCS Group 7525 166th Avenue NE, Suite D-215 Redmond, WA 98502 RE: Agreement No AG-C-431 Utility Cost Service and SDC Study Agreement Execution and Notice to Proceed I Dear Ms. Johnson: Enclosed please find an executed copy of the above-referenced Agreement. This letter serves as your Notice to Proceed. The work authorized under this agreement shall not exceed $124,080 00 and has a completion date of June 1, 2014. For the City's tracking and record keeping purposes, please reference AG-C-431 on all correspondence and related material. I As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-804-5062. Sincerely, I Dan Repp Utilities Engineer Public Works Department DR/ja/mh i Enclosure cc: Dani Daskam, City Clerk (copy letter only) AG-C-431 I I AUBURN MOKI' 'lHAN YOU IMAGINFID i AMENDMENT #1 TO AGREEMENT NO. AG -C-431 BETWEEN THE CITY OF AUBURN AND FCS GROUP RELATING TO UTILITY COST SERVICE & SDC ANALYSIS THIS AMENDMENT is made and entered into this t3 "- day o -f S -� .� 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY "), and FCS Group (hereinafter referred to as the "CONSULTANT'), as an Amendment to the Agreement between the parties for AG -C -431 executed on the 5th day of June 2013. i The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2014. 2. -SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -431 executed on the 5th day of June 2013 shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) Amendment No. 1 for Agreement No. AG -C -431 FCS Group Paae 1 of 1 CITY OF AUBURN Nancy B I u , Mayor ATTEST: Danielle E. Daskam, Auburn City Clerk Approved as to form: Daniel B. Heid, Auburn City Attorney A 3 -ib .9 AMENDMENT #2 TO AGREEMENT NO. AG -C -431 BETWEEN THE CITY OF AUBURN AND FCS GROUP RELATING TO UTILITY COST SERVICE & SDC ANALYSIS r THIS AMENDMENT is made and entered into this c day of , 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY "), and FCS Group (hereinafter referred to as the "CONSULTANT'), as an Amendment to the Agreement between the parties for AG -C -431 executed on the 5th day of June 2013 and amended by agreement dated the 13th day of June, 2014. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31. 2015. 2. SCOPE OF WORK: There is no change in the scope of work. 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG -C -431 executed on the 5th day of June 2013 shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) Amendment No. 2 for Agreement No. AG -C431 FCS Group Paae 1 of 1 CITY OF AUBURN ancy Bac ayor -1 ATTEST: L 60� Danielle E. Daskam, Auburn City Clerk Appr e s t Damel B. Hei uburn City Attor CITY Of J '9 ( N Nancy Backus, Mayor .. WASHINGTON 25 West Main Street* Auburn WA98001- 4998* www,auburnwa.gov * 253-931-3000 December 4, 2014 Karyn Johnson FCS Group 7525166 1h Avenue NE, Suite D -215 Redmond, WA 98502 RE: Amendment No. 2 to Agreement for Professional Services, AG -C -431 Utility Cost Service and SDC Study Dear Ms. Johnson Enclosed please find an executed copy of the above - referenced Amendment No. 2. This amendment is for a time extension only and extends the term of the agreement to December 31, 2015. For the City's tracking and record keeping purposes, please reference AG -C -431 on all correspondence and related material. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253 - 804 -5061. Sincerely, Susan Fenhaus, P.E. Project Engineer Community Development & Public Works Department SF /ad /mt Enclosure cc: Dani Daskam, City Clerk (copy letter only) AG -C -431 AUBURN* MORE THAN YOU IMAGINED * I CITY OF -* * B T . Nancy Backus, Mayor r lv 1 WASH I NGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 January 6, 2016 Karyn Johnson FCS Group 7525 166th Avenue NE, Suite D-215 Redmond, WA 98502 RE: Agreement for Professional Services, AG-C-431 Utility Cost Service and SDC Study Dear Ms. Johnson: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on January 7, 2015, for invoice #2139-21512000 in the amount of $4,057.50. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by January 15, 2016. Thank you for your firm's professional services in work related to the Utility Cost Service and SDC Study. If you should have any questions, feel free to give me a call at 253.804.5017. Sin -rely fp a >\ Bob Brooks Financial Planning Manager Finance Department BB/ad/as cc: City Clerk AG-C-431 AUBURN * MORE THAN YOU IMAGINED