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HomeMy WebLinkAboutContractAGREEMENT FOR 2024 COMPREHENSIVE RATE STUDY AND RECOMMENDATION FOR SYSTEM DEVELOPMENT CHARGES FOR WATER, WASTEWATER, AND SURFACE WATER UTILITIES THIS AGREEMENT, dated for reference purposes only asJanuary 31, 2024, is by and between the City of Renton (the “City”), a Washington municipal corporation, and KLJ Financial Consulting (“Consultant”), a registered Washington Sole Proprietorship. The City and the Consultant are referred to collectively in this Agreement asthe “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide provide consultant services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth inExhibit B or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later than March 31, 2025. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $141,648, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work isperformed, the Consultant shall submit a voucher or invoice in a form        CAG-24-068 PAGE 2 OF 22 specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten(10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the Cityafter partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City.         PAGE 3 OF 22 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridgeand Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and chargesand/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement.         PAGE 4 OF 22 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the         PAGE 5 OF 22 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employeewho was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured.         PAGE 6 OF 22 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable controloccur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Teresa Phelan 1055 South Grady Way Renton, WA 98057 CONSULTANT Karyn Johnson 4810 Pt. Fosdick Dr., Suite 180 Gig Harbor, WA 98335         PAGE 7 OF 22 Phone: (425) 430-7332 tphelan@rentonwa.gov Fax: (425) 430-7241 Phone: (425) 749-6030 karynljohnson@outlook.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VIof the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits.         PAGE 8 OF 22 D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Teresa Phelan. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances.         PAGE 9 OF 22 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this         PAGE 10 OF 22 Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Karyn Johnson President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 5/21/2021            3/19/2024 Approved by Cheryl Beyer 2/13/2024 PAGE 11 OF 22 EXHIBIT A – SCOPE OF WORK The following Scope of Work identifies the tasks to be performed for the City of Renton’s Comprehensive Water, Wastewater and Surface Water Rate and SDC Study for the 2025/2026 budget cycle. Task 1 | Project Management Perform administrative / management procedures for efficient study performance. Submit monthly invoices and progress reports describing recent and forthcoming efforts, potential challenges and/or needs from the City, and a status of the study progress, schedule, and budget adherence. Maintain regular contact with the City’s project manager to address any issues as they arise. Task 2 | Data Collection and Review Provide a data request list identifying financial and operational documents, and customer data pertinent to the performance of the study. Review, analyze, and validate such information as necessary for use in formulating the technical analyses. Follow-up with additional data needs and/or clarifications, as necessary. Due to the City’s need for an early preliminary rate run, there will need to be an initial data collection effort with some of the data needing to be replaced later by the final numbers. The consultant will append the data needs as needed throughout the rate study. The preliminary data request identifying the information needed for the study is included in Exhibit D. Task 3 – Revenue Requirements Update the City’s 2022 revenue requirement models for each utility for the current year (2024) and six- year planning horizon, 2025-2030. Determine annual rate revenue needs to fund capital programs, operating and maintenance costs, fiscal policy achievement, and other financial obligations of each utility over the study period. Rate adjustments will focus on proposed rates for adoption for the 2025/2026 budget cycle with future rate adjustments provided for planning purposes. a | Financial Policies Review – Review current financial policies and achievement of metrics for each utility. Consider existing practices which should be maintained and explore alternative practices that might further City goals in funding utility obligations. Consistent with the City’s current Policy Framework, this task will address financial performance, reserve policies, infrastructure replacement funding, and debt service coverage. Evaluate the need for each reserve or policy, the basis for any minimum reserve targets, and the financial impacts for establishing any new or revised policies. Sensitivity analyses will be performed to assess customer impacts and revenue risk for all policy implications. Key policies to revisit include the King County Metro Reserve and percent achievement of system reinvestment funding from rates for each utility. b | Baseline Analysis – Prepare a baseline revenue requirement analysis incorporating the following information: x Economic assumptions for inflation, customer growth, and funds earnings rate x Assumptions for King County wastewater treatment costs         PAGE 12 OF 22 x Current financial policies for operating and capital reserves, infrastructure funding from rates, and debt service coverage x Actual or estimates for beginning cash balances and depreciation expense x Adopted 2024 budget, draft and final 2025/2026 budgeted revenues and expenses x Capital projects and associated annual costs for current year (2024) and six-year planning horizon, 2025-2030 (capitalized and expensed projects) x Capital funding sources including cash reserves, SDCs, infrastructure replacement funding from rates, contributions, and potential debt including bonds and public work trust funds loans (if any) Compare baseline revenue requirements against projected revenue under existing rates and update the rate adjustment strategy for the planning period. Potential revisions to financial policies and/or target threshold achievement will be evaluated in advance of preparing the scenario development task described in Item (c) below. c | Scenario Development – Prepare multiple “what if” scenarios to evaluate impacts of incremental costs associated with potential additional staffing, new programs, equipment needs, and/or other non- budgeted costs. The City will provide the desired set of scenarios for each utility. It is anticipated that up to six (6) scenarios will be prepared for each utility. d | Residential Bill Impacts – Summarize the proposed six-year rate revenue adjustments and typical single-family residential bill impacts for each utility and on a combined basis for all utilities. Task 4 – System Development Charges (SDCs) Update the City’s 2022 SDC models for each utility based on the existing methodology to reflect current and planned capacity for the current year (2024) and six-year planning horizon, 2025-2030. SDCs will be calculated for the 2025/2026 adoption cycle based on the planning period (2024-2030). a | Baseline Analysis – Prepare a baseline SDC analysis including the schedule of eligible capital projects, costs, and associated capacity (consistent with the approach used for the current adopted SDCs). Incorporate the following updated information: x Actual data as of December 31, 2023, for plant-in-service, contributed assets, interest earnings, construction work in progress, customer data, existing cash balances and outstanding debt principal. Note that the City has recently modified and updated its fixed asset listing for each utility. This might require some reformatting of the structure of the “plant-in-service” worksheet in the models. x Identified capital projects and costs for the 2024 base year and six-year planning horizon (2025- 2030) x Review/update the assignment of capital projects to “major maintenance” or “upgrades/expansions” x Growth projections from system plans and/or current customer data b | Scenario Development – Depending on the level of SDC increases, phase-in strategies may be developed to achieve the proposed maximum calculated SDCs over the two-year budget cycle.         PAGE 13 OF 22 c | Residential Impact –Summarize the proposed SDC for each utility and on a combined basis for all utilities for a typical single-family residential customer. Task 5 – Wholesale Water Rates Review and update the 2022 wholesale water rate model worksheets and calculate proposed wholesale rates for the 2025/2026 budget cycle following the cash basis approach and methodology used in the 2022 Rate Study Update. a | System Demand Factors – Update historical and projected system demand factors for the total water system and wholesale customer to determine wholesale share of total system demands (e.g., accounts, water usage, average day demand and max day demand). b | O&M Rate Component – Incorporate 2025/2026 operating budget detail, review O&M allocation factors established in the previous study and update as warranted. Calculate resulting O&M rate component for 2025 and 2026. c | Capital Rate Component – Review detail asset data and allocation factors established in the previous study and update as warranted. Calculate resulting capital rate component for 2025 and 2026. Major tasks include: x Review and update water system infrastructure and allocation of applicable assets to wholesale customer (e.g., pump stations, reservoirs, source, and transmission/distribution pipes). x Review and update allocation of original cost of total plant-in-service to wholesale customer based on updated infrastructure allocation factors. x Review and update the allocation of total system capital-related costs to the wholesale customer (e.g., expensed capital outlay, debt service and rate-funded capital contribution). x Sum the capital-related components and derive the total capital rate component for 2025 and 2026. d | Total Wholesale Water Rate – Combine O&M and capital rate components to derive the total wholesale water rate for 2025 and 2026. Summarize wholesale customer total water bill impact for 2025 and 2026. A phase-in strategy may be developed to smooth rate impacts over the two-year budget cycle. Task 6 | Cost of Service Analysis Update the City’s 2018 Cost of Service models for each utility to conduct the technical analyses necessary to provide a rational basis for allocating utility system costs, assigning cost shares to customer classes, and recommending rate structures consistent with generally accepted cost-of-service methods and City goals for pricing of utility services. The objective is to determine if current customer classes fairly apportion the expenses of the utilities and, if not, what changes are recommended to enhance customer equity. a | Customer Data Analysis and Profile – Develop a profile of the existing water, wastewater, and surface water customer bases by reconciling historical customer billing system data with actual reported data for each utility. The purpose of this exercise is to calibrate customer statistics so that they generate         PAGE 14 OF 22 the correct amount of revenue when the corresponding rate structure is applied. To address the variable nature of water and sewer rates, it is important to evaluate a multi-year trend to mitigate revenue risks associated with variances in usage patterns due to economic cycles, weather, and conservation initiatives. Three years of consumption data will be reviewed to determine a “normal year” usage profile for projecting future water demands. The calibrated statistics will be adjusted for projected customer growth and demand normalization to form the basis for allocating costs to customer classes. b | Functional Allocation – Determine appropriate cost allocation factors and assign system assets and revenue requirements to functions of service as described below: x Water functional components will include customer (accounts and meter size), base demand (average use), peak demand, and fire protection. x Wastewater functional components will include customer and flow components. Treatment is provided by King County Metro. x Surface water cost allocations are typically less complicated than for water and wastewater. A simplified allocation of costs between “base” and “use” components is adequate for purposes of establishing credit policies for onsite mitigation. Further parameters may be warranted to address the City’s interest in evaluating additional tiers to the existing graduated/multi-tiered rate structure. c | Customer Class Distribution – Allocate the costs assigned to each function of service to customer classes using the customer base profile developed in Task 6(a) and allocation parameters from Task 6(b). Water classes include single family and multi-family residential, commercial, and industrial, private landscape irrigation, City landscape irrigation, low income and disabled person, and fire protection meters. Wastewater classes include single family and multi-family residential and commercial/industry. Surface water classes include single family and non-single family (comprised of commercial properties, gravel pits and City streets). We do not anticipate the need to revise water and wastewater utility customer classes to achieve the City’s equity and pricing goals. Modifications to the surface water level of intensity categories will be considered. Summarize the resulting cost of service by customer class and compare to existing revenue recovery to determine potential shifts between customer classes. In addition, we will summarize average unit costs by customer class both for existing distribution and cost of service distribution. Average unit costs are derived by dividing the revenues by the usage for each class and are helpful in communicating potential shifts in customer class cost recovery, prior to establishing the actual fixed and variable rate components. d | Unit Costs of Service Development – Derive unit cost of service by functional component to serve as the building blocks for alternative rate structure designs. This exercise will include identification of the costs for appropriate recovery between the fixed and variable rate components to balance revenue stability, efficiency of use, and affordability.         PAGE 15 OF 22 Task 7 | Rate Structure Design Alternatives The City is interested in evaluating alternative rate structures for the water and surface water utilities. No alternatives are anticipated for the wastewater rate structure. This task includes evaluating the performance of existing rate structures and developing alternative structures for the water and surface water utilities that might better address long-term utility needs and customer concerns. The objective of this analysis is to evaluate impacts of potential changes to the rate structures in comparison to the proposed 2025 rates under existing rate structures for potential implementation in future rate update cycles. For each rate structure alternative, we will evaluate and demonstrate the ability of the proposed rates to generate the projected and required revenues by testing rates against composite system customer demand. Further, we will identify the portion of revenues that are anticipated to be collected from the fixed and variable rate components and prepare implementation and rate management policies and procedures as needed. The alternative rates structures are described in section [a] below. Sample bills and a rate survey will be prepared for all three utilities as described in section [b]. a | Alternative Rate Structure Evaluation – Review and evaluate the existing utility rate structures as a baseline for comparing rate structure alternatives. All outside City utility rates will maintain the City’s existing rate multiplier. The City has identified the following rate structure alternatives to be evaluated. The proposed approach for preparing the alternatives will be discussed with City staff in advance of beginning the analyses. Water Rate Structure Scenarios: Scenario 1 – An appropriate reduction in the water base charge between the 3/4-inch meter and 1-inch meter for single family residential (SFR) customers. City code requires installation of a minimum service size of 1-inch for new single family residential customers to meet requirements for fire sprinklers. Existing 3/4-inch SFR customers are grandfathered from this requirement. Since the base rate is established to recognize the service requirement for domestic use, the incremental upsizing overburdens the 1-inch customers. Two potential approaches for this alternative are described below: x Set the SFR 1-inch charge equal to the 3/4-inch charge and calculate the resulting revenue loss and percentage impact to the SFR class and on a system-wide basis (consistent with the approach evaluated in the 2018 Comprehensive Rate Study). x Realign base charges by meter size for all customer classes based on the Cost of Service Analysis, potential new policy to set the SFR base rate the same for up to a 1-inch meter, and applying industry standard meters cost and capacity ratios by meter size. Scenario 2 – Potential modifications / additions to the SFR usage tiers to address affordability issues such as developing a lifeline block, and to incentivize conservation such as enhancing top tier and irrigation pricing signals. Scenario 3 – Evaluate results under a combination of Scenario 1 and 2 above.         PAGE 16 OF 22 Wastewater Rate Structure Scenarios: No anticipated changes to the current wastewater rate structure. Surface Water Rate Structure Scenarios: Scenario 1 – Adding additional graduated/multi-tier categories for non-SFR surface water customers. Maintain the residential flat rate structure and expand commercial intensity of development categories and apply the charge based on actual parcel size (consistent with the approach evaluated in the 2018 Comprehensive Rate Study). Scenario 2 – Option to add a surface water special billing class for properties under construction. Prior to conducting the analysis for this scenario, the City will review other jurisdictions’ practices for billing customers under construction for storm water service and provide direction whether or not proceed with the rate analysis. No budget will be spent for this task if the City decision is not to proceed with further analysis. If the decision is to proceed, additional data needs to complete the analysis will be discussed with the City. Depending on the availability of data, the evaluation is anticipated to include estimating the revenue loss attributed to not billing customers under construction from the time of construction permit issuance to building permit issuance. As this would be a new procedure for the City, implementation and triggering procedures will be identified and discussed with City staff. b | Sample Customer Bill Impacts / Rate Survey – For each rate structure alternative, we will analyze the potential rate impacts for each customer, and in summary by customer class, based on historical usage patterns and service attributes. Sample water, wastewater and stormwater bills will be compared against existing customer bills and a selection of up to six (6) comparable jurisdictions. Task 8 –Meetings Prepare for and facilitate a combination of virtual and onsite meetings to review interim findings and final results. The following meetings are anticipated: a | Initial Project Meeting – Participate in a project meeting with City staff to discuss study objectives and major milestones. Prior to this meeting, we will have submitted the data request, received, and reviewed all readily available information. b | Revenue Requirement Results – Up to four (4) virtual meetings to review baseline results, run hands-on modeling of “what if” scenarios under draft and final budget figures, and review finding results. c | SDC Results – Up to two (2) virtual meetings to review draft and final SDC results. d | Wholesale Rate Results – Up to (2) virtual meetings with City staff to review draft and final wholesale water rate results. e | Wholesale Rate Meeting with Skyway – Up to two (2) onsite or virtual meetings with City staff and the wholesale customer to discuss the methodology of setting wholesale water rates and to review rate results.         PAGE 17 OF 22 f | Cost of Service/Rate Structure Alternatives – Up to two (2) virtual meetings with City staff to discuss approach and review rate and customer bill results. g | Committee/Council Meeting – At the City direction, attend one (1) meeting with committee members and/or City Council to review study outcomes and recommendations. Task 9 – Rate Model Training and User Guide Conduct virtual training sessions with utility managers and staff to review model inputs and functionality for updating the revenue requirement portion of the rate model. The following sessions are anticipated: a | Utility Manager’s Training – Conduct a working session with utility managers and the study project manager to provide an overview of model data inputs, model operations / functionality and testing of “what if” scenarios and results. Review particular areas of interest in more detail as may be requested. b | Project Manager Training – Conduct an additional working session with the study project manager to review each section of the models in more depth, including quality control/assurance for testing of inputs and results. c | User Guide – Update the City’s current user guide as necessary for in-house updates of the revenue requirement portion of the models. There is no charge for this task. Task 10 –Documentation and Study Deliverables Document final results in a technical memorandum describing major assumptions, findings and proposed rates and charges. Submit electronic versions of documentation and updated models. It is anticipated that separate memorandums will be submitted covering the following topics: x Revenue Requirements and SDCs x Wholesale Water Rates x Retail Cost of Service and Alternative Rate Structures         PAGE 18 OF 22 EXHIBIT B – COMPENSATION The exhibit below presents estimated hours by task, hourly billing rates, and total fees for the Scope of Work described in Exhibit A. Task / Description Hours Dollars Hourly Billing Rate: 215$ Task 1 - Project Management 16.00 3,446$ Task 2 - Data Collection/Review 40.00 8,615$ Task 3 - Revenue Requirements 132.00 28,430$ Task 4 - System Development Charges 54.00 11,630$ Task 5 - Wholesale Water Rates 20.00 4,308$ Task 6 - Cost of Service 136.00 29,291$ Task 7 -Rate Structure Design Alternatives (a) Water 60.00 12,923$ (b) Wastewater (Rate Survey Only) 6.00 1,292$ (b) Surface Water 40.00 8,615$ Task 8 - Meetings (a) Initial Project Meeting [1 virtual] 4.50 969$ (b) Revenue Requirement Results [4 virtual] 18.00 3,877$ (c) SDC Results [2 virtual] 9.00 1,938$ (d) Wholesale Water Rate Results [2 virtual] 4.00 862$ (e) Wholesale Rate Meeting with Skyway [2 virtual or onsite] 7.00 1,508$ (f) Cost of Service/Rate Structure Results [2 virtual] 9.00 1,938$ (g) Committee / Council Meeting [1 onsite] 16.00 3,446$ Task 9 -Rate Model Training (a) Utility Manager's Training [1 virtual] 3.00 646$ (b) Project Manager's Training [1 virtual] 4.50 969$ (c) User Guide (No charge) - -$ Task 10 - Documentation / Study Deliverables (a) Revenue Requirements and SDCs 30.00 6,461$ (b) Wholesale Water Rates 6.00 1,292$ (c) Retail Cost of Service / Rate Structure Alternatives 42.00 9,046$ Subtotal Labor 657.00 141,503$ Mileage Expense (3 meetings] 145$ Total Fee 141,648$ K. Johnson         PAGE 19 OF 22 EXHIBIT C – SCHEDULE Based on discussion with City staff, the proposed schedule for completion of major task milestones is outlined below: x Notice to proceed and data collection: on or about March 18, 2024 x Revenue Requirement Draft Results: mid-May to early June 2024 (to assist City with budget recommendations) x SDC Draft Results: July 2024 x Wholesale Water Rate Draft Results: July 2024 x Revenue Requirement Final Results: mid-August 2024 x SDC Final Results:mid-August 2024 x Wholesale Water Rate Final Results: mid-August 2024 x Cost of Service / Alternative Rate Structure Results:October / November 2024 x Rate Model Training: November 2024 x Final Results and Study Deliverables: December 15, 2024         PAGE 20 OF 22 EXHIBIT D – Preliminary Data Request 1. Economic Assumptions: a. Labor cost inflation b. Benefits cost inflation c. Funds interest earning rate 2. Financial Policies 3. 2022 and 2023 Annual Utility Reports 4. 2023 CAFRS (unaudited financial statements okay at this point) 5. 2023 year-ending cash balances for each utility, including operating, capital, rate stabilization, Metro and Waterworks restricted debt reserve (unaudited okay at this point) a. Allocation of restricted debt reserve to utilities 6. Detailed Adopted 2024 budgets 7. Detailed draft 2025/2026 budgets and final budgets (when available) 8. Additional Program requests, timing, and costs 9. Detailed debt service schedules, including principal and interest payments, outstanding balance, term, interest rates, and any covenant requirements. 10. 2023 detail fixed asset records, including year of purchase, original cost, depreciation expense, accumulated depreciation and contributed (donated) assets 11. 2023 and 2024 rate schedules 12. Budget year 2023-2024 adopting rate ordinances 13. 2023 and 2024 master fee schedules (SDCs) 14. 2023 actual SDC revenue collections for each utility 15. 2023 actual special assessment revenue collections for each utility 16. Assumed annual level of SDC revenue collections for each utility (2024-2030) 17. Assumed annual level of special assessment revenue collections for each utility (2024—2030) 18. Detailed capital improvement program from CIP budget for each utility (2024-2030)         PAGE 21 OF 22 19. Detailed capital improvement program input from Utility Managers for 2024-2030 [templates will be provided at start of study for populating requested information] 20. 2023 Monthly water production data 21. SPU 2024 Annual Wholesale Customer Survey for 2023 data a. Form 1 – 2023 Water Supply & Demand b. Form 2 – 2023 Billed Water Consumption & No. of Accounts 22. 2023 Summary Customer Data a. Water: i. No. of accounts by meter size by customer class ii. Water usage by customer class and in total iii. Rate revenue by customer class and in total (separate by fixed and variable charges) b. Wastewater: i. No. of accounts by meter size by customer class ii. Rate revenue by customer class and in total c. Surface Water: i. No. accounts by customer class / category ii. Total lot area (sq. ft) by category for non-SFR customers iii. Total impervious surface area (sq. ft) by category for non-SFR iv. Total acres by category for non-SFR v. Rate revenue by customer class and in total 23. Detail Customer Billing System data for each utility for 2021, 2022, and 2023. [A template of requested information will be provided at the start of the study] 24. King County Metro forecasted rates/increases 25. King Country Metro revenue reports for 2022 (Q4) and 2023 (Q1 – Q4) 26. Wholesale Water Data a. 2023 Monthly Usage Data b. 2023 Average Day and Max Day Demand (mgd)         PAGE 22 OF 22 27. Water only: 2023 Inventory of transmission and distribution pipes by size (length in feet) 28. Most current system plans a. Water b. Wastewater c. Surface Water