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HomeMy WebLinkAboutFinancial Consulting Solutions Group Inc (FCS Group) AG-C-337 - CLOSED 12/30/2010 CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES AG-C-337 THIS AGREEMENT made and entered into on this -/1 day of ?`lr 2008, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Financial Consulting Solutions Group, Inc. (FCS GROUP), hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City is engaged in or readying itself to conduct a utility rate study for the storm drainage, water, and sewer utilities within the City, and is in need of services of individuals, employees or firms for consultation work on said project; and, . WHEREAS, the City desires to retain the Consultant to provide certain services in connection with the City's work on said project; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. ------------------------------------------------ Consultant Agreement AG-C-337 August 26, 2008 Page I of 14 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. C. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. Consultant Agreement AG-C-337 August 26, 2008 Page 2 of 14 8. Time for Performance and Term of Agreement. The Term of this Agreement shall commence on the date hereof or on the 1 st day of September, 2008, and shall terminate on the 31st day of December, 2009, or upon completion of the performance as provided in Exhibit "A", unless otherwise agreed to in writing by the parties. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and. audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract 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. 12. Administration of Agreement. This Agreement shall be administered by Karyn Johnson, 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 Attn: Dan Repp, P.E. Auburn City Hall 25 West Main Auburn, WA 98001-4998 253-931-3000; FAX 253-931-3053 Consultant Attn: Karyn Johnson, Principal FCS Group 7525 166th Ace NE, Suite D-215 Redmond, WA 98052 425-867-1802; FAX 425-867-1937 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Consultant Agreement AG-C-337 August 26, 2008 Page 3 of 14 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. 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Comprehensive public liability insurance, including automobile and property damage, insuring the City and the Consultant against loss or liability for damages for personal injury, death or property damage arising out of or in connection with the performance by the Consultant of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. C. Professional liability insurance with minimum liability limits of $1,000,000. 15. Indemnification. The Consultant shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or, omissions. 16. Assi agent. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or Consultant Agreement AG-C-337 August 26, 2008 Page 4 of 14 waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the ----------------------------------------- Consultant Agreement AG-C-337 August 26, 2008 Page 5 of 14 drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25. Counterparts. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CONSULTANT CITY OF AUBURN ter Lewis, Mayor e: i le: Attest: Danie le E. Daskam City Clerk Name: Title: Consultant Agreement AG-C-337 August 26, 2008 Page 6 of 14 STATE OF WASHINGTON COUNTY OF ss. ON THIS day of , 200 , before me, personally appeared and , to me known to be the and of the Contractor, the party(ies) who executed - the corporation/company that executed the within and foregoing instrument, and acknowledged said instrument to be his/her/their the free and voluntary act and deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN under my hand and official seal this day of , 200 NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: Consultant Agreement AG-C-337 August 26, 2008 Page 7 of 14 Exhibit A Scope of Services City of Auburn Utility Rate Study Task is Data Collection / Validation 1.1 Prepare a written request for data / information needed for the study. The list will be provided to the City in advance of the kick-off meeting. 1.2 Review, analyze, and validate the data. Identify data limitations and/or issues for further discussion with City staff. 1.3 Prepare any necessary written requests for follow-up information. Coordinate via telephone and email with City staff on data acquired in this initial process. Task Deliverables: ¦ Written data request list • Additional data requests (as necessary) Task 2: Fiscal Policy / Water Supply Evaluation 2.1 Review existing utility financial policies and identify potential new fiscal policies for evaluation. 2.2 Conduct an evaluation of existing policies and potential new policies to include reserve management (e.g., operating reserves, capital-related reserves, debt reserves, other); system reinvestment funding levels; debt coverage levels; and debt management strategies. 2.3 Document the need for reserves / fiscal policies, the basis for minimum thresholds, and the financial and rate impacts for establishing any new or revised policies for each utility. 2.4 Integrate recommended fiscal policies into the technical analyses. 2.5 Indentify and evaluate alternative strategies for recovering upfront purchased water costs from existing and future customers. The City plans to buy water from an adjacent purveyor (Tacoma or Kent), with an estimated upfront cost of about $3.2 million in system development charges that will need to be debt financed. We will work with the City to identify and evaluate alternative strategies to provide the upfront funding, make debt payments, meet coverage requirements, etc., in the near term, while shifting an appropriate share of the cost burden back to new development as growth occurs. We will provide a "white paper" outlining feasible options, methods of recovery, and impacts to ratepayers and new development. Task Deliverables: ¦ Draft & final fiscal policy recommendations ¦ White paper for purchased water cost recovery ------------------------------------------------ Consultant Agreement AG-C-337 August 26, 2008 Page 8 of 14 Task 3: Capital Connection Charges 3.1 Review and evaluate the current connection charge methodology and structure for each utility. Recommend alternatives as warranted to promote revenue adequacy and customer equity, as well as adherence to state. and industry guidelines. 3.2 Based on the results of Subtask 3.1 above, update capital connection charges for each utility. The recommended methodology is likely to incorporate current and planned system investment and system capacity: ¦ Determine the existing cost basis to be incorporated into the charges. For each utility, this includes review and evaluation of existing system plant-in-service, contributed assets, interest accumulation, and other adjustments; ¦ Determine the future cost basis to be incorporated into the charges. This includes review and evaluation of each utility's capital improvement program (CIP) as identified in system planning documents, and working with the City's consulting engineers to apportion capital needs to existing customers and to future customers for each utility system; ¦ Evaluate customer growth and determine system capacity that the existing and future planned system infrastructure can serve; and ¦ Calculate the maximum allowable capital connection charge per customer equivalent and develop a schedule of connection charges for each utility. 3.3 Calculate forecasted revenues from the charges and integrate into the capital funding analysis (Task 4) to update revenue sources available to help fund capital needs. Task Deliverables: ¦ Schedule of connection charges for each utility (up to 2 scenarios for each utility) ¦ Annual connection charge revenue forecast for each utility Task 4: Capital Financial Planning Analysis 4.1 Develop a spreadsheet-based analysis to analyze the ability of each utility to fund the capital needs identified in the CIPs. Consider funding sources from current revenue streams (e.g., rates, connection charges, and dedicated cash reserves) and potential revenue streams that are consistent with City policy and preference (e.g., increased rates and charges as warranted, debt financing, acquisition of special grants or loans, assessments, or special funding structures). Working from the capital projects list, incorporate annual capital projects and associated costs for a six to ten-year study period. Forecast future costs using inflationary factors. 4.2 Compare forecasted improvements against forecasted funding sources available, as derived from current rate and charge levels, cash reserves, and other identified sources for funding capital projects. Develop a capital funding strategy for each utility based on different approaches to funding capital needs, including alternative levels of annual cash contributions from rates, use of cash reserves, appropriate and /or necessary levels of debt financing, resources from new development, etc. Task Deliverables: ¦ Capital funding strategy for each utility (up to 2 scenarios for each utility) ¦ Rate impacts (rate funding, debt service 1 coverage) Consultant Agreement AG-C-337 August 26, 2008 Page 9 of 14 Task 5: Revenue Requirement Forecast 5.1 Prepare a spreadsheet-based financial planning module for each utility to forecast and analyze the financial performance of each utility over the study period. Utility budgets will be used as the baseline for forecasting future costs and revenues. The chief output of this task is a "revenue requirement" that defines the full-cost need from user rates, after other revenue sources have been accounted for in meeting the financial obligations of the utility. 5.2 Determine appropriate escalation factors to be used to account for future year cost increases in the various budget line times. Several different factors will be determined to adequately capture escalation due to general inflation, salaries & benefits adjustments, extraordinary cost escalation for power, fuel, and other commodities increasing at a different rate than general inflation. Annual escalation for new purchased water costs will be dependent upon the final selected source (Tacoma or Kent), and will be estimated based on the best available information provided to the City at the time of the study. 5.3 Incorporate incremental operating costs not reflected in the current utility budgets. This will include such things as additional staffing requirements, impacts resulting from operational cost additions or savings caused by capital projects, known or anticipated changes to meet regulatory requirements, additional equipment needs (not included in the CIP), costs of new or enhanced program improvements / initiatives, and purchased water costs. We will work with the City to obtain a listing of these incremental cost categories and associated additional costs. In addition, the storm water analysis will include incorporation of the cost of NPDES permit compliance. Alternative scenarios will be developed to evaluate the sensitivity of these cost changes to the overall revenue needs assessment for each utility. 5.4 Forecast annual operating revenues over the study period including rate revenue adjusted for customer growth, miscellaneous fees and charges, and other miscellaneous revenues. 5.5 Integrate cash and coverage requirements from recommended fiscal policies (Task 2); debt-related costs from purchased water cost strategies (Task 2) and capital financing strategies (Task 4). 5.6 Compare annual financial needs against available utility user rate and miscellaneous operating revenues, identifying any projected shortfalls over the forecast period. Calculate annual and overall adjustments needed in utility user rate levels to recover the full cost of service over the study period. 5.7 Develop rate revenue strategies that meet financial obligations over the near-and long- term planning horizon and provide smooth impact to utility customers, to the extent practical. Task Deliverables: ¦ Forecast of annual revenues / expenses over the study period for each utility ¦ Schedule of annual rate increases for each utility (up to 4 scenarios for each utility) Task 6: Cost of Service / Rate Structure Evaluation 6.1 Develop functional allocation of utility system assets and expenses. Detailed allocations will be performed for the water and sewer utilities; this level of analysis will not be required for the storm water utility: Consultant Agreement AG-C-337 August 26, 2008 Page 10 of 14 ¦ Classify plant investment by major categories (e.g., water: supply/treatment, storage, distribution/ transmission, customer, hydrants, and general plant; sewer: customer services, collection/ conveyance, and general plant); ¦ Assign categorized plant investment to functional cost components (water: customer, base demand, peak demand, fire protection; sewer: customer, flow) using system design criteria; ¦ Classify expense data by major and sub categories relating to the activities performed in the operation of the systems; and ¦ Assign categorized expenses to functional cost components. 6.2 Distribute functional costs to customer classes: ¦ Analyze and summarize customer service and usage statistics by customer class including meter size, average annual water usage, winter period water usage, and peak summer period water usage for a recent 12-month period of detailed individual customer billing histories. (To be provided electronically by the City, preferably in Excel format). Several configurations of customer billing frequencies will be developed to aide in the design of rate structures. For the storm water utility, this will include number of accounts, equivalent service units, impervious surface area, or other available measures); ¦ Perform a customer class analysis for each utility to determine the appropriate grouping of customers for use in the cost allocation process and rate structure design; ¦ Apply prevailing rates to the customer data set to determine whether the historical information serves as a valid basis for calculating utility user rates that will generate the correct amount of revenue. Depending on the initial outcome, this could include follow up with City staff to determine potential reasons for any significant discrepancies; ¦ Allocate classified costs to each customer class based on use of, and demand for, the utility systems; and ¦ Derive class of service unit costs for each utility. 6.3 Develop alternative utility rate structures for each utility: ¦ Review and evaluate the current utility rate structures. Recommend rate modifications reflective of cost-of-service findings and City policy objectives, as appropriate. In particular, for the water utility, review the feasibility of designing higher rates in the summer season to promote reduced energy costs in the summer; ¦ Evaluate and demonstrate the ability of the resulting utility rates to generate the projected and required revenues by testing rates against composite system customer demands; ¦ Identify revenues to be generated from fixed and volume-based charges; ¦ Prepare sample utility bills for each customer class, comparing existing rates and proposed rate impacts; and ¦ Prepare a typical utility bill comparison for the residential class including a survey of up to five (5) neighboring communities and the City's existing and proposed utility rates (include Kent, Renton, and Sumner). Consultant Agreement AG-C-337 August 26, 2008 Page 11 of 14 Task Deliverables: ¦ Identified costs of service for each customer class for each utility ¦ Rate structure alternatives & customer impacts (up to 2 alternatives structures for each utility) ¦ Comparison of rates with other jurisdictions Task 7: Miscellaneous Fees Review 7.1 Review existing utility miscellaneous fees and recommend potential additional fees to recover unique utility costs that are not applicable to all customers on the systems (e.g., meter installation fees; turn on/turn off fees; plan review/inspection fees; and late fees). 7.2 Compile the list of identified fees and determine the key driver of costs to be recovered by each fee, such as staff labor time, materials, or policy, in order to select the appropriate analytical method for calculating the fees. 7.3 For primarily labor-based fees, determine a fully-loaded cost per productive labor hour at the City. Compute the average full cost of providing each service. For primarily materials- based fees, work with City staff to obtain estimates on costs incurred to provide the service. Apply any associated labor time involved in the service, and compute the average cost of each service. For primarily policy-based fees that seek to modify behavior, work with City staff to define intent of the fee and past success or otherwise in implementing the fee. 7.4 Calculate the updated / new schedule of fees. Task Deliverables: ¦ Preliminary list of fees to be updated / calculated ¦ Schedule of updated miscellaneous fees Task 8: Meetings & Presentations 8.1 Prepare materials and meet with City staff at key points during the study to review interim findings and receive policy direction. The following meetings are anticipated: ¦ A kick-off meeting to initiate the study, review the work plan, schedule key milestones, and review issues to be addressed. ¦ Up to three (3) meetings to review interim work products and discuss key assumptions and data driving each analysis (connection charges, revenue requirements, and cost of service/rates). 8.2 Prepare materials and meet with the Public Works Committee, City Council, and general public to present study findings and recommendations. The following meetings are anticipated: ¦ One (1) meeting with the Public Works Committee to review findings and recommendations, and receive input and policy direction for finalizing the analyses prior to bringing recommendations to City Council. ¦ Two (2) meetings to present findings and recommendations to the City Council and public during a study workshop, City Council meeting and/or public hearing. Consultant Agreement AG-C-337 August 26, 2008 Page 12 of 14 Task Deliverables: ¦ Meeting agendas ¦ Review/presentation materials ¦ Seven (7) onsite meetings Task 9: Documentation 9.1 Develop a draft policy-oriented report for City staff review that focuses on findings, conclusions, and implementation methods and issues related to the recommended rates. The draft will be provided in electronic format. 9.2 Incorporate City staff comments as appropriate and deliver a final report in hard copy and electronic (pdf) format. The details of the analysis will be included as a technical appendix. Electronic versions of the spreadsheet models will also be submitted in Excel format. 9.3 If desired, provide a supplemental document to be incorporated as the Financial Chapter of the Comprehensive Water System Plan. Consistent with regulatory requirements, this Chapter will include discussion of historical water utility financial performance, results of the revenue requirement analysis and capital connection charge update, as well as discussion of rate affordability, rate equity, and conservation considerations. This effort will be coordinated with the City's consulting water engineer. Task Deliverables: ¦ Draft rate study report (electronic format) ¦ Final rate study report ¦ Comprehensive Water System Plan Financial Chapter (optional) Task io: 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 course of the study. Task Deliverables: ¦ Monthly progress reports Consultant Agreement AG-C-337 August 26, 2008 Page 13 of 14 Exhibit B Fee Schedule City of Auburn Utility Rate Study Consultant Hours Technical Total Principal Manager Admin. Estiamted Labor Task Johnson Cbaw Support Hours Budget Hourly Billing Rates: $195 $150 $60 Task 1- Data Collection / Validation 4 48 52 $7,980 Task 2 - Fiscal Policy / Water Supply Evaluation 14 44 1 59 $9,390 Task 3 - Capital Connection Charges 12 90 102 $15,840 Task 4 - Capital Financial Planning Analysis 6 60 66 $10,170 Task 5 - Revenue Requirement Forecast 16 140. 156 $24,120 Task 6 - Cost of Service / Rate Structure Evaluation 24 180 204 $31,680 Task 7 - Miscellaneous Fees Review 4 30 34 $5,280 Task 8 - Meetings & Presentations [7 mtgs] 42 70 8 120 $19,170 Task 9 - Documentation 12 104 12 128 $18,660 Task 10 - Project Administration/ Management 8 24 4 36 5,400 Total 142 790 25 957 $147,690 Consultant Agreement AG-C-337 August 26, 2008 Page 14 of 14 AMENDMENT #1 TO AGREEMENT NO. AG-C-337 BETWEEN THE CITY OF AUBURN AND FCS GROUP, INC RELATING TO THE UTILITY RATE STUDY ,Y / THIS AMENDMENT is made and entered into this ~ day of ~by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and FCS Group, Inc (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-337 executed on the 11th day of September 2008. 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, 2010. 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-337 executed on the 11 day of September 2008. 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. FCS GROU,P, INC ? , ; gy. Auth r ed Xign e ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) CITY O ~ Peter B. Lewis, Mayor ATTEST: ~ Danielle E. Daskam, Auburn City Clerk Appr ved as rm: ie B. Aub rn City Att gney Amendment No. 1 for Agreement No. AG-C-337 FCS Group, Inc Page 1 of 1 A3. I& CITY OF Peter B. Lewis, Mayor D_-BURN WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000 December 30, 2010 Martin Chaw FCS Group 7525 166u Avenue Northeast Suite D-215 Redmond, WA 98052 RE: Agreement for Professional Services, AG-C-337 2008 Utility Rate Study Dear Mr. Chaw: 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 December 20, 2010 for invoice #1437-21011029 in the amount of $1,200.00. 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 14, 2011. Thank you for your firm's professional services in work related to the utility rate study. If you should have any questions, feel free to give me a call at 253-804-5062. Sincere , Dan Repp, P.E. Utilities Engineer Public Works Department DR/ad/hg cc: City Clerk AG-C-337 AUBURN *MORE THAN YOU IMAGINED