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HomeMy WebLinkAbout90-06 RESOLUTIONAMR RESOLUTION NO. 90-06 A RESOLUTION APPROVING A PROPOSAL IN THE AMOUNT OF $98,490.00 FROM HDR/EES TO CONDUCT A COMPREHENSIVE WATER AND SEWER RATE STUDY; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $13,344.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a proposal in the amount of $98,490.00 from HDR/EES to conduct a comprehensive water and sewer rate study. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $13,344.00. PASSED and APPROVED this 16th day of May, 2006. APPROVED: By: ATTEST: DAN COODY, May G, ° •\SY p •SG'' • G F Act E :FAYETTEVILLE• ViS.P.KANSP�J�'• NG CR" By: / ��JJJJJ1�1111" SONDRA SMITH, City Clerk AGREEMENT For PROFESSIONAL SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And HDR ENGINEERING, INC. THIS AGREEMENT is made as of May 19, 2006, by and between City of Fayetteville, Arkansas, actingby and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and HDR ENGINEERING, INC. with offices located at 500 1086 Avenue N.E., Suite 1200, Bellevue, Washington 98004 (hereinafter called HDR). CITY OF FAYETTEVILLE requires professional services in connection with the development of a comprehensive water and sewer rate study and as more fully described in Section 2. Therefore, CITY OF FAYETTEVILLE and HDR in consideration of their mutual covenants agree as follows: HDR shall serve as CITY OF FAYETTEVILLE's professional services consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of HDR services. All services shall be performed under the direction of a professional qualified in the particular field. SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of HDR 1.2 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF HDR 2.1 Develop a comprehensive water and sewer rate study, in conformance with "generally accepted" rate setting principles. The comprehensive rate study shall be composed of a revenue requirement analysis, a cost of service analysis and a rate design analysis. 1 2.2 Develop a written report of the findings, conclusions and recommendations of the study. 2.3 Provide effective public presentations of the findings, conclusion and recommendations of the study. A more detailed scope of services is attached as Appendix A to this Agreement. RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay services of Consultant: Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project Assist Consultant by placing at Consultant's disposal all available information pertinent to the assignment including financial and customer data and information, along with any other data relative thereto. Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. PERIOD OF SERVICE This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. Consultant will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authonzation shall include the scope of the services authorized and the time in which the services are to be completed. 2 • COMPENSATION For the Scope of Services described herein, CITY OF FAYETTEVILLE shall pay HDR the lump sum amount of eighty five thousand, three hundred ten United States Dollars (US $85,310.00), plus estimated reimbursable expenses of thirteen thousand, three hundred and eighty United States Dollars (US $13,180.00), for a total contract not to exceed ninety eight thousand, four hundred and ninety United States Dollars (US $98,490.00). Subject to the City Council approval, adjustment of the lump sum amount may be made should HDR establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. The lump sum amount as stated in this Section shall be submitted in seven (7) equal portions to CITY OF FAYETTEVILLE for services consistent with HDR's normal billing schedule. Reimbursable expenses shall be included applications for payment as accrued. Applications for payment shall be made in accordance with a format to be developed by HDR and approved by CITY OF FAYETTEVILLE. Each month an updated project report will be submitted to the CITY OF FAYETTEVILLE as the basis for determining the value earned as the work is accomplished. Final payment for services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Project. The seventh and final payment shall be held by the CITY OF FAYETTEVILLE until the successful completion of the study by HDR and delivery of the final report. Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of HDR's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise HDR in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will 3 make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, HDR shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by HDR to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against HDR or his sureties under this Agreement or applicable performance and payment bonds, if any GENERAL CONSIDERATIONS Insurance During the course of performance of these services, HDR will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim HDR will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 4 f Professional Responsibility HDR will exercise reasonable skill, care, and diligence in the performance of HDR's services and will carry out its responsibilities in accordance with customarily accepted professional practices. HDR agrees not to seek or accept any compensation or reimbursements from the City of Fayetteville for professional work it performs to correct any errors, omissions or other deficiencies caused by HDR's failure to meet customarily accepted professional practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of HDR. In addition, HDR will be responsible to CITY OF FAYETTEVILLE for damages caused by any negligent conduct to the extent covered by HDR's Commercial General Liability and Automobile Liability Insurance policies as specified above. Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of HDR's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the authorized representative having signatory authority of HDR. Termination This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given:. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, An opportunity for consultation with the terminating party prior to termination shall be provided. 5 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that HDR is given: Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, An opportunity for consultation with the terminating party prior to termination shall be provided. If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, Any payment due to HDR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of HDR default. If termination for default is effected by HDR, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to HDR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by HDR relating to commitments which had become firm prior to the termination. Upon receipt of a termination action under Paragraphs above, HDR shall: Promptly discontinue all affected work (unless the notice directs otherwise), Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, information, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by HDR in performing this Agreement, whether completed or in process. Upon termination CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. If, after termination for failure of HDR to fulfill contractual obligations, it is determined that HDR had not failed to fulfill contractual obligations, the termination shall be deemed to have 6 been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided above. Delays In the event the services of HDR are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond HDR's reasonable control, HDR shall be entitled to additional compensation and time for reasonable costs incurred by HDR in temporarily closing down or delaying the Project. Rights and Benefits HDR's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. Dispute Resolution Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and HDR which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or HDR in the performance of this Agreement, and disputes concerning payment. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures have been complied with. Notice of Dispute For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give HDR written Notice at the address listed in the contract within 7 thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and HDR shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the Director/Manager of the Water Business Group of HDR.and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to HDR for services rendered by HDR INDEMNIFICATION Computer Models HDR may use or modify HDR's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or HDR may develop computer models during HDR service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by HDR does not constitute a license to CITY OF FAYETTEVILLE to use or modify HDR's computer models. Said proprietary computer models shall remain the sole property of HDR CITY OF FAYETTEVILLE and HDR will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use HDR's computer models. Ownership of Documents All documents provided by CITY OF FAYETTEVILLE remain the property of CITY OF FAYE I 1EVILLE. HDR. may retain reproduced copies of drawings and copies of other documents. Financial and engineering documents, drawings, and specifications prepared by HDR as part of the Services shall become the property of CITY OF FAYETTEVILLE when HDR has been 8 compensated for all Services rendered, provided, however, that HDR shall have the unrestricted right to their use. HDR shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of HDR. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. HDR makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the original hard copies and the electronic files, the original hard copies will govern. Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: City of Fayetteville Mayor Dan Coody 113 W. Mountain Fayetteville, AR 72701 HDR's address: 500 108th Avenue N E Suite 1200 Bellevue, Washington 98004 Successor and Assigns CITY OF FAYETTEVILLE and HDR each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor HDR shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 9 • Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. Entire Agreement This Agreement represents the entire Agreement between HDR and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to HDR a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by HDR shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SPECIAL CONDITIONS HDR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by HDR's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. HDR's obligations under this clause are in addition to HDR's other obligations under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against HDR for services provided. Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and HDR arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Audit: Access to Records HDR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. 10 HDR shall also maintain the financial information and data used by HDR in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. HDR will provide proper facilities for such access and inspection. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. This right of access clause (with respect to financial records) applies to: Negotiated prime agreements: Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: With respect to record pertaining directly to subagreement performance, excluding any financial records of HDR; If there is any indication that fraud, gross abuse or corrupt practices may be involved; If the subagreement is terminated for default or for convenience. Covenant Against Contingent Fees HDR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by HDR for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without 11 liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Gratuities If CITY OF FAYETTEVILLE finds after a notice and hearing that HDR or any of HDR's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to HDR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. In the event this Agreement is terminated as provided above, CITY OF FAYETTEVILLE may pursue the same remedies against HDR as it could pursue in the event of a breach of the Agreement by HDR As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs HDR incurs in providing any such gratuities to any such officer or employee. Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, HDR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 12 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or (b) voluntarily excluded from covered transactions by any Federal department or agency, Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes 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 government 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. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAM / U R Engineerin SIGNATURE- /�� /I� �i/ DATE: 5/ °6 PRINTED NAME: Pave he-dees TITLE: VI c,c Pyrs. don -t- 13 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and HDR, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYE j) VILLE, A • ANSAS By: Mayor ATTEST: By °VTR '% =U• •• •FAYETTEVILLE: City Cler Title: ve Pres :de_t 9°ItoNSii:••\), % • .. • G°%%%% Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL SERVICES 14 APPENDIX A DETAILED SCOPE OF SERVICE Task 1—Initial Project (Kick -Off) Meeting Task Objective: Bring the HDR project team, City management and staff together, at the start of the project. to assure that all parties have a mutual understanding of the goals, objectives, issues and concerns related to the study. The imtial project (kick-off) meeting is important to the overall success of this engagement since it forms the foundation for the rate study process. This meeting allows both parties to discuss the overall goals and objectives for this study, while at the same time discussing any issues and concerns that either party may have. It is proposed that the initial project meeting be approximately 1 — 2 hours in length. At the same time, this meeting may be coordinated with a meeting with the City's Sewer Commission to determine any issues or concerns that group may have, prior to beginning any analytical work. Expected City Staff Support for Task 1: For this task, the City will be expected to: ■ Have their key management/project team members attend a 1 — 2 hour planning meeting. Deliverables as a Result of Task 1 -Initial Kick-off Meeting. From the work accomplished above, the deliverables for this optional task will be as follows: • Identification of objectives, issues and concems by both parties. • Face-to-face meeting to get the study off to a positive start. Task 2—Data Collection Task Objective: Review and assess the City's existing water and sewer data, and provide a written data request detailing the data required to complete the study. The initial written data request details the data and information required to conduct the study HDR will provide a written data request to the City prior to the initial kick-off meeting so that it can be discussed at the meeting and any problem areas quickly resolved. The data and information requested for this study should be, for the most part, readily available information (e.g. financial, statistical, customer, etc.). The key issue for data collection purposes may be the level of detail that is readily available and needed for the study. It is important to keep in mind that a cost of service study requires data and information that is more detailed than the data typically reported for annual financial statement purposes. For those areas where the data is not readily available, or will require significant labor and expense on the City's part to provide, HDR and the City will determine the "sensitivity" or "importance" of the data required and if alternative data sources are available. As with any study, it is imperative that the City provide a timely response for the data requested. Expected City Staff Support for Task 2: For this task, the City will be expected to: • Gather the data requested in the written data request provided by HDR. (Note: typically requires 20 — 40 hours of total staff time to provide.) 15 APPENDIX A DETAILED SCOPE OF SERVICE Deliverables as a Result of Task 2 -Data Collection. From the work accomplished above, the deliverables for this task will be as follows: • An initial written data request to the City. • Identification of any data constraints. Task 3—Review of Existing Financial/Rate Setting Policies, Philosophies, and Practices Task Objective: Review the City's existing written financial/rate setting policies, and review any other philosophies or practices in use by the City and recommend additional policies/practices as appropriate. The City currently has an adopted set of written financial/rate setting policies. As a part of this task, HDR will review these policies to assure that the study developed conforms to these existing policies. At the same time, HDR will propose and recommend, as appropriate, additional financial/rate policies for possible adoption by the City All analyses developed as a part of this study will conform to the City's existing financial/rate policies, or will be based upon "generally accepted" financial/rate practices of the water and sewer utility industry. Expected City Staff Support for this Task: For this task, the City will be expected to: • Gather existing written policies and provide to HDR. Discuss any existing financial/rate philosophies or practices. • As needed, provide clarification of existing policies. • As needed, assist HDR is developing recommended policies for possible adoption. Deliverables as a Result of Task 3 -Review of Existing Financial/Rate Setting Policies, Philosophies and Practices. From the work accomplished above, the deliverables for this task will be as follows: • Review of the existing financial/rate setting policies and practices of the City. • Develop additional policies/practices to help provide financial stability to the City and aid in simplifying the financial planning and rate setting process over the long-term. Task 4—Revenue Requirement Analysis Task Objective: Using a "generally -accepted" rate setting methodology, develop the City's water and. sewer revenue requirements for a projected five-year period. The analysis should utilize the City's capital infrastructure planning documents (e.g. Capital Plan/Master Plan), while ensuring adequate funds for operating and capital needs. The revenue requirement analysis will establish the cost -based `level' of revenue to be collected from rates and, if necessary, a plan to transition rates to cost -based levels. The development of the water and sewer revenue requirement analyses is the first major analytical portion of the comprehensive rate study process. This portion of the study entails reviewing, for each utility, the various sources of funds (revenues) and comparing them to the 16 • APPENDIX A DETAILED SCOPE OF SERVICE applications of funds (expenses) for the utility. This task considers the prudent and proper funding for O&M and capital expenditures for each utility, and determines the need for any rate adjustments over the time period selected. A more detailed discussion of the various steps involved in developing the City's revenue requirements for each utility is provided below. STEP 1 — SELECTION OF A TEST PERIOD — The first step in the development of the revenue requirements is the selection of a "test period". A "test period" refers to a time frame of reference for the accumulation of revenues, expenses and consumption data. In this case, a five- year projected time period is proposed (e.g. 2007 — 2011). By reviewing costs over this extended time frame, the City can determine when major rate adjustments may be required and potentially take steps today to help minimize future impacts (e.g. rate adjustment transition, accumulation of capital reserves, etc.). STEP 2 — METHOD OF ACCUMULATING COSTS — Once the "test period" has been determined, the next decision is to determine the basis or method of accumulating costs. There are two choices for accumulating costs for revenue requirement/financial planning purposes; the "cash" or "utility/accrual" basis. Table 2-1 provides a simple comparison between these two "generally accepted" methodologies. Table 2-1 Cash vs. Utility Basis Comparison Utility/Accrual Basis Cash Basis + O&M Expense + O&M Expense + Taxes or Transfer Payments + Taxes or Transfer Payments + Annual Depreciation Expense + Capital Projects Financed with + Return on Rate Base (Investment) Revenue Requirement Rate Revenues Deprec Exp.) + Debt Service (P+1) Revenue Requirement For determining revenue requirements, the City has historically used the "cash basis" approach. The "cash" basis approach is most commonly used by public utilities for determining and setting their revenue requirements since this closely follows their budgeting process. This is the methodology HDR would recommend to establish revenue requirements for the City. STEP 3 — ACCUMULATION OF REVENUES AND EXPENSES — Once the test period and method of accumulating costs has been determined, HDR in conjunction with City management and staff will develop the test period revenue requirements for each utility. Revenue requirements are composed of two major types of costs; operational and capital expenses. The operational costs are generally projected from historical or budgeted costs, using assumed escalation factors, and adjusted for any known changes in operations (e.g. additional personnel, growth/expansion, etc.) While the projection of the operational costs is fairly straightforward, the capital cost projections are generally the focus of the analysis, and require more thought and planning. 17 APPENDIX A DETAILED SCOPE OF SERVICE Within this study, the starting point for projecting capital costs (expenditures) will be the City's capital improvement plans for each utility, or any other relevant capital planning and capital budgeting documents. For the sewer utility, this will include the most recent cost projections for the new wastewater treatment plant. In the financial planning process, consideration must be given to maximizing the capital improvements (expenditures) for the system, while minimizing rates to its customers. This is accomplished in a variety of ways. However, the most important aspect of this discussion is that there are multiple methods of financing capital expenditures, and it is through this process that rates can be minimized. Table 2-2 provides an overview of the general approach that is used to develop a capital expense plan for the revenue requirement analysis. Table 2-2 Overview of the General Methodology For Reviewing the Financing of Capital Project Expenses + Total Capital Projects — • Replacement and Refurbishment Capital Projects ✓ Legally Mandated Capital Projects ✓ System Growth and Expansion Capital Projects — Outside Funding Sources - ✓ Capital Reserves ✓ Grants ✓ Low -Interest Loans (State and/or Federal) ✓ Connection Fees/Contributed Capital ✓ Short -Term Borrowing ✓ Borrowed Funds/Long Term Debt (e.g. Revenue Bond) = Capital Projects Financed with Rate Revenues (2 Deprec. Exp.) The basic framework shown above is developed on a year -by -year basis for each of the projected five (5) years of the water and sewer revenue requirement analysis In summary form, the general approach is to list all water and sewer capital projects in each year, and then determine the various outside funding sources for each of the projects. These outside funding sources may be low-interest loans, grants, customer capital contributions, system development charges, etc. The balance of projects not funded by the available sources of funds must be financed from a combination of Tong -term debt and rates. It is the balancing of the use of long-term debt to the impact upon rates, which is critical to the analysis. In balancing the use of debt to equity (rate) financing of capital projects, a number of financial planning aspects are taken into account. First, the utility's debt service coverage ratio is an important financial measure or indication of the utility's ability to repay debt. The strength of the debt service coverage ratio is a direct function of the amount of capital projects that are financed from rate revenues. At a minimum, we assume that a utility should fund an amount equal to or greater than the utility's annual depreciation expense for renewal and replacement 18 • APPENDIX A DETAILED SCOPE OF SERVICE capital projects. By following this simple financial rule, the utility is not only assured of a strong debt service coverage ratio, but at the same time, it assures that existing plant in service will be maintained at acceptable service levels with the need for minimal long-term debt financing. However, at the same time, by properly funding for this component of the capital projects, it should provide the utility with greater flexibility in its ability to borrow for capital projects. An important use of funds to help minimize rates over time is system development charges (SDCs). System development charges can be used to off -set the cost of growth -related capital infrastructure or growth -related debt service. Given the magnitude of the City's capital infrastructure plans, along with growth on Fayetteville's water and sewer systems, it will be critical to maximize the effectiveness of these funds to minimize rates to all of the City's customers. However, the challenge in using these funds is that they are growth dependent and not a reliable source of funds. Therefore, this risk must be balanced against the methods that may be used to minimize rates over time. In summary, given a better understanding of the overall magnitude of the needed capital projects, a final financing plan can be developed which meets the City's goals and objectives for each utility, while attempting to minimize rates and costs over time. Expected City Staff Support for this Task: For this task, the City will be expected to: • Provide "as needed" assistance to explain the City's data and information as it relates to developing the revenue requirements. • Provide "as needed" data refinements or additional data needs as determined during the process of developing the revenue requirements. • Attend a one-half day project meeting to review the draft revenue requirement analysis. Deliverables as a Result of Task 4 — Development of the Revenue Requirement Analysis. From the work accomplished above, the deliverables for this task will be as follows: • A projected water and sewer revenue requirement analysis for a projected five-year period that considers the necessary operating and capital needs of each utility. • A capital financing plan within the revenue requirement analysis, utilizing the City's comprehensive plans or capital budget, which attempts to maximize capital expenditures, while minimizing the impacts to customers over time. • If needed, a transition plan to "phase in" any needed rate adjustments. IN Recommendations regarding key financial indicators (debt service coverage, capital replacement, reserve levels, etc.). Task 5—Cost of Service Analysis Task Objective: Develop an average embedded cost of service study to equitably allocate the revenue requirements of the water and sewer systems to the customers served by the City. The cost of service methodology must conform to prior discussions and agreements between the City and their outside City and wholesale customers. 19 APPENDIX A DETAILED SCOPE OF SERVICE Given the results of the revenue requirements, the City's water and sewer costs will be allocated • to the various customer classes of service using an average embedded cost of service methodology. In simplified terms, a cost of service study attempts to equitably allocate the revenue requirements of each utility between the various customer classes of service (e.g. residential, commercial, wholesale, etc.). A brief discussion of the major steps associated with a water, and sewer cost of service analysis is provided below. STEP 1 — SELECTION OF THE METHODOLOGY — Similar to the development of the revenue requirements, the cost of service may also use the "cash basis" or the "utility/accrual" basis for establishing the cost of service. In the case of the City, the "utility/accrual" basis methodology is specified under the existing wholesale contracts. Given that, the cost of service will follow the historical methodology which was the "utility/accrual" basis. Under this methodology, the "cash basis" revenue requirements are converted to the "utility/accrual" basis and an appropriate rate of return is earned from each customer class of service. STEP 2 — SELECTION OF TEST PERIOD — The first step of a cost of service is to select a time period for the allocation of costs. This is similar to the revenue requirement time period selection process noted above. A cost of service analysis typically reviews a 1 to 2 year time period, or the period over which water and sewer rates will ultimately be set. In the City's case, allocating the year 2007 revenue requirements for each utility for cost of service purposes would appear to be appropriate. The selection of this test period is subject to change depending upon the timing of any financing and needed adjustments as shown in the revenue requirements. STEPS — FUNCTIONALIZATIONAND CLASSIFICATION OF EXPENSES — The next Step in the cost of service analysis is to functionalize the data. Functionalization refers to the arrangement of cost data into its basic cost categories (e.g. for the water utility, source of supply/production, treatment, transmission, distribution, etc.). This task is simplified greatly through the City's use of a uniform system of accounts. Given functionalized costs, the costs are then classified to their various cost components. For the water utility, classification involves determining whether each specific cost or account item was incurred to meet a consumer's base, extra -capacity, fire protection or customer related need. In contrast, for the sewer utility, classification involves determining whether each specific cost or account item was incurred to meet a consumer's volume, strength or customer -related need. While the basic cost components noted above for each utility are the cornerstone to the analysis, they are by no means the only cost components to be utilized for each of the studies. A thorough review of the various types of costs that the City incurs for each utility will be undertaken and specific cost classifiers developed. Classification will be based upon generally accepted cost of service techniques. The City's prior cost of service studies provide a starting foundation for the cost of service analysis, but HDR will independently establish the methodology given the recent discussions with the outside City and wholesale customers. The prior methodology no longer reflects the current relationships between the parties and must be modified. STEP 4 —DETERMINATION OF CLASSES OFSERVICE —Development of the cost of service for each utility begins with determining the classes of service that will be used for purposes of r 20 APPENDIX A DETAILED SCOPE OF SERVICE establishing cost allocations and rates. The process of establishing classes of service is to group customers into homogeneous groups. That is, customers with similar usage and/or facility requirements. HDR will first discuss this issue with the City to determine the City's overall objectives. Given that understanding, HDR will then review the data and information that is available for each utility on the various customer classes of service to determine final classes of service for cost allocation purposes. These will be based upon grouping customers with similar facility requirements and usage patterns for each customer group (e.g. residential, commercial, wholesale, etc.). HDR expects the customer classes of service to be similar to the past cost of service analysis conducted for the City. STEP 5—ALLOCATIONOFEXPENSES- The next analytical process involved in each of the cost of service analyses is the allocation of the classified plant in service and expenses to each of the customer classes of service. Once the classes of service have been determined, the process of developing allocation factors is undertaken. In developing the allocation factors, HDR will develop factors that are "fair and equitable" to all customers, and rely upon City -specific data where available. One of the major challenges of this study will be in developing the sewer volume allocation factor. In the City's prior study, the volume used for the City of Elkins was disputed due to metering issues. Since that time, the City believes that the metering issues have been resolved and a method established to test the reasonableness of the metered information for Elkins. STEP 6 — SUMMARY OF THE COST OF SERVICE — Given the development of all the allocation factors, the final task allocates the expenses to each class of service. From this process, a summary page of the cost of service study for each utility is provided. The summary page for the cost of service study compares the difference between the current level of rate revenues received from each class of service, and the allocated cost of service for each class. The cost of service will also provide average unit costs, or cost -based water and sewer rates, which are important to the development of final rate designs. Average unit costs provide the City with an understanding of the cost/rate relationship between fixed and variable costs. In summary, the development of average unit costs will provide "cost of service" based water and sewer rates for all classes of service for the City. Expected City Staff Support for this Task: For this task, the City will be expected to: • Attend a half -day project meeting to review the findings and results of the cost of service analyses for each utility. • Provide any "as needed" data refinements or additional data needs as determined during the process of developing the cost of service analysis Deliverables as a Result of Task 5 — Cost of Service Analysis. From the work accomplished above, the deliverables for this task will be as follows: ■ Review of the current customer classes of service for the water and sewer utilities and determine any revisions for cost allocation purposes. 21 APPENDIX A DETAILED SCOPE OF SERVICE • A "fair and equitable" allocation of the revenue requirements to the various classes of service for the City's water and sewer systems, that reflects the current agreements between the City and its customers. • A summary of the average unit costs (cost -based rates) for the various customer classes of service for the water and sewer utilities. Task 6 —Rate Design Analysis ' Task Objective: Utilize the cost information developed as a part of the previous tasks and develop water and sewer rate design options for possible adoption by the City. Review any alternative rate designs that meet the City's rate design goals and objectives (e.g. conservation, revenue stability, etc.). A starting point for the water and sewer rate design process is understanding the rate design goals and objectives the City is striving for in this study. These objectives may include ease of administration, simplicity, revenue stability, efficient use, etc. Understanding the City's rate design objectives will assist HDR in the development of any needed water and sewer rate design alternatives. In designing the water and sewer rate options for the City, the cost of service information and average unit cost information for each utility will be utilized as a starting point. As a part of this task, the City's present rate designs for each utility will be reviewed to ensure that they conform to contemporary rate -setting goals and objectives. HDR will review the rate objectives of the City and provide rate alternatives for each utility that are designed to meet those objectives. For each rate design developed, a bill comparison and graph will be provided that shows a comparison between the present bill and the proposed bill at various levels of usage. Bill comparisons are useful in assessing the potential impacts to a wide variety of customers. A comparison of neighboring water and sewer utilities will also be provided for the proposed rate designs. Expected City Staff Support for this Task: For this task, the City will be expected to: • Discuss with HDR the City's rate design goals and objectives • Review rate design alternatives for appropriateness Deliverables as a Result of Task 6— Rate Design Analysis. From the work accomplished above, the deliverables for this task will be as follows: • Review of the City's current water and sewer rates and development of various rate design alternatives. • Bill comparisons and graphs for the rate design alternatives developed. Task 7 —Work Papers and Written ' Report of Findings and Recommendations 22 7. APPENDIX A DETAILED SCOPE OF SERVICE Task Objective: Provide a written report to summarize the findings, conclusions, and recommendations of the water and sewer rate study. In addition, provide a copy of all workpapers associated with the project to aid in future updating of the study by City staff Upon completion of the rate analysis, HDR will develop a draft written report of the rate study. Given the financial issues associated with the sewer utility, it is proposed that two separate and distinct reports be developed for the water and sewer rate study. This will allow the City to discuss with outside parties the findings and results of the sewer rate study, without any confusion concerning the water rate study assumptions, findings and conclusions. The written reports are intended to be comprehensive in nature and document all of the activities undertaken as a part of the project, along with our findings, conclusions and recommendations. Within all of our reports, HDR provides technical appendices of all the technical analyses undertaken. HDR will provide three (3) copies of the draft final reports to the City for their review and comment. Any comments, suggestions or corrections from the City concerning the draft final reports will be incorporated into the final reports. Ten (10) copies of each of the final reports will be provided to the City. Additionally, complete documentation of all workpapers used in the preparation of the utility rate study will be provided to the City. This should facilitate subsequent updating by City staff with limited input from outside consultants. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Review and comment on the draft written reports Deliverables as a Result of Task 7— Work papers and Report Documentation. From the work accomplished above, the deliverables for this task will be as follows: ■ A draft and final written report for the water and sewer rate studies (separate reports) ■ A copy of all workpapers used in the preparation of the study Task 8— Meetings/Workshops/Public Presentations Task Objective: Provide effective public presentations of the findings, results and recommendations of the study. The overall quality and value of a rate study is often measured by the quality of the public presentation process. In addition, the ability of the consultant to present this technical material in a manner that is easily understandable to the City Council and public is paramount. HDR excels in this aspect of the study. HDR would suggest up to three meetings with the Fayetteville Water and Sewer Committee. The first meeting would be at the start of the project and be in coordination with the initial project meeting. This meeting will provide to HDR any issues or concerns the Committee may have going into the study. The second meeting would review the findings of the revenue requirement and cost service analysis. The third meeting with the Committee would present the proposed water and sewer rate designs. 23 APPENDIX A DETAILED SCOPE OF SERVICE It is also assumed that a public meeting would be provided to review the findings, conclusions and recommendations of the study to the City Council. This public meeting would be after the meetings with the Water and Sewer Committee. These four (4) meetings will provide the City with the flexibility it may need to present this study to the City Council and customers. HDR will work with the City to determine the content, timing and overall schedule of the meetings. Should additional public meetings/presentations be required, they will be provided on a time and material basis. In addition to the above public meetings, the City may need to present the findings, conclusions and recommendations of this study to the outside financial community and/or State Agencies. It has been assumed that two meetings will be required to conduct these meetings. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Review and comment on any proposed handouts for public meetings Deliverables as a Result of Task 8 — Meetings/Workshops/Public Presentations. From the work accomplished above, the deliverables for this task will be as follows: • Up to three (4) workshops/public presentations with the City's Water and Sewer Commission and City Council during the rate study process to gain policy direction and present the results to the public. • Up to two (2) meetings/presentations with the outside financial community and/or State Agencies to present the findings, conclusions and recommendations of the study. Task 9 —Computer Models Task Objective: Provide a copy of all models developed as a part of this study. The financial/rate model developed for the City will be provided at the end of the study. The model will be developed using the spreadsheet program of the City's choice (e.g. Excel, etc.). As the model is developed, HDR will work closely with City staff to attempt to provide a model that is easy to use and understand. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Select the City's preferred spreadsheet program Deliverables as a Result of Task 9 — Computer Models. From the work accomplished above, the deliverables for this task will be as follows: ■ A copy of the computer spreadsheet model used to develop the City's study. Task 10 —On -Going "As Needed" Support Task Objective: Provide on -going "as needed" support• to finalize any discussions and negotiations between the City and their outside City and wholesale customers. 24 APPENDIX A DETAILED SCOPE OF SERVICE The City is currently working with the City of Farmington to finalize agreement on the methodology that will be used to establish the sewer rates for Farmington. The management team for Fayetteville requires technical support to complete those negotiations. Any work conducted in this task will be provided on a time and materials basis and is not considered a part of the "basic" services required to conduct the comprehensive water and sewer rate study. All work conducted under this task will be at the direction of the City management team. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Provide direction on the requested support Deliverables as a Result of Task 10 — On -Going "As Needed" Support. From the work accomplished above, the deliverables for this task will be as follows: ■ Technical analysis to support the City's negotiations with Farmington This concludes the discussion of the proposed scope of work for the City. This scope of work has been developed based upon our limited understanding of the City's goals and objectives for this study. HDR is willing to modify our approach to meet the City's specific needs. 25 • City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Operations Date Requested 2006 Division: Meter Operations Program: , Meter Capital Project or Item Added/Increased: $13,344 is requested in the Professional Services account of the Utility Rate Review and Analysis capital project. Justification of this Increase: Funding is for on -going services to determine preliminary predicted rates for Fayetteville -Farmington based on the revised cost of the Wastewater Systems Improvement Project. 5/16/2006 Adjustment Number Project or Item Deleted/Reduced: None. $13,344 from the use of fund balance in the Water & Sewer Fund is proposed. Justification of this Decrease: Sufficient funding remains to comply with City policy. Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount. Project Number Professional services 5400 1840 5314 00 13,344 06010 1 Decrease Expense Budget (Increase Revenue Budget) Account Name Account Number Amount Use of fund balance 5400 0940 Approval Signatures I' Requested By Date Budget Manager Date t Project Number 4999 99 13,344, Budget Office Use Only Type: A B C OD E Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date M , Stephen Davis Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 16 -May -06 City Council Meeting Date FIS Director Division s iji&r 1' Finance & Internal Services Department Action Required: i Required: Acceptance of the proposal from HDR/EES to conduct a comprehensive water and sewer rate authorize the Mayor to execute the contract and approval of a budget adjustment in the amount of $13,344. $98,490.00 Cost of this request 5400-1840-5314-00 Account Number 06010 Project Number Budgeted Item tkz Dep rtme Director City Attorney Finance Mayor' Director $ 85,146.00 Category/Project Budget Funds Used to Date $ 85,146.00 Remaining Balance Budget Adjustment Attached XX Date 7-29.59 Date da Y Date Utility Rate Review and Analysis Program Category / Project Name Meter Capital Program / Project Category Name Water & Sewer _ Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville City Council THROUGH: Dan Coody, Mayor FROM: Stephen Davis, FIS Director DATE: April 28, 2006 SUBJECT: Water & Sewer Rate Study — 2006 ti Recommendation Staff recommends Fayetteville City Council approve the contract with HDR/EES to conduct a cost of service water and sewer rate study and approve a budget adjustment in the amount of $13,344. Background/Discussion Staff is proposing the City of Fayetteville contract for a comprehensive water and sewer cost of services rate study in 2006. The purpose for the rate study this year to develop a cost -of -services rate study based on the predicted final cost of the Wastewater System Improvements Project (WSIP) as well as more current operations and maintenance costs and the predicted debt service for the bonds support by water and sewer utility rates. Because the City is using ANRC funding for portions of the WSIP Fayetteville must submit the rate study to Arkansas Natural Resources Commission staff for review and comment before any rates can be adjusted. Because of the highly technical nature of the ANRC staff review it is recommended that outside expertise be engaged. I HDR/ees was selected to provide these services through a professional selection process conducted in early 2005. The selection committee included City staff and representatives from the.University of Arkansas, the cities of Farmington, Greenland, Goshen and Elkins and the Fayetteville Chamber of Commerce (representing industrial customers). The initial scope of services provided was the required Water & Sewer System Operations Study. That scope of services was performed on time and within budget. HDR/ees has been tasked with subsequent work and each effort has been performed professionally and as agreed. Because of the oversight from ANRC and our neighboring cities, Staff requested this rate proposal. Budget Impact The rate study is expected to take approximately 36 weeks and predicted to cost approximately $98,000. The City has $75,000 budgeted for this effort. Approximately $10,000 remains from the budget for the 2003 Rate Study that can be applied to the 2006 rate study. If the remaining moneys from the 2003 Rate Study are applied then an additional $13,000± would be needed to perform this cost of service study for both utilities. This item was provided to the Fayetteville Sewer Committee on April 28 for their review and input.. Because of the timing for agendas it was not possible to obtain the Sewer Committee review prior to the agenda deadline. � - - r'-6Kyl RESOLUTION NO. A RESOLUTION APPROVING A PROPOSAL IN THE AMOUNT OF $98,490.00 FROM HDR/EES TO CONDUCT A COMPREHENSIVE WATER AND SEWER RATE STUDY; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $13,344.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a proposal in the amount of $98,490.00 from HDR/EES to conduct a comprehensive water and sewer rate study. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $13,344.00. PASSED and APPROVED this 16th day of May, 2006.. APPROVED: B DAN CO'ODY, MayCt� A. -E By: O�iDRA SIVdITH`Ci4y Clerk -, 4v y. 54' 7.1 .i'; _.. '.. .... ear. u.s'a ' `l ' le bi yyy� 4> - i� 3� •`+n v,.. f -a April 23, 2006 Mr. Steve Davis City of Fayetteville 113W. Mountain Street Fayetteville, Arkansas 72701 Subject: Proposal to Conduct a Comprehensive Water and Sewer Rate Study Dear Mr. Davis: The objective of this study is to ensure that each of the utilities has adequate funds to operate properly, and the rates that are fair, equitable, and cost -based. HDR Engineering, Inc. (HDR) is highly qualified to perform this work for the City based upon our technical skills and experience in this specialized area of expertise. We also bring to the City a set of attributes that sets us apart, including the following: • HDR is nationally recognized for its expertise in rate studies. We have successfully performed rate studies for utilities around the U.S. • HDR has worked extensively with the City over the last year to help the City negotiate agreements with the Cities of Elkins and Farmington. Our knowledge of the technical analysis used for those negotiations feed directly into this study. • HDR brings to the City direct experience in working with thousands of water utilities across the U.S. Our experience and direct access to these utilities is invaluable when reviewing trends, industry practices, benchmarking and best practices. Individual Project Team Member Experience: • Mr. Tom Gould, Project Manager for the study, is the current instructor for the American Water Works Association (AWWA) Financial Management seminar. In addition, he is a contributing author to the AWWA Ml Manual, Principles of Water Rates, Fees and Charges, and the M34 Manual, Water Rate Structures and Pricing. HDR's strength in teaching and educating will make our assistance extremely valuable to the City's management team and the City Council. • Tom Gould has successfully worked with the City in the past on water and sewer rate issues. Tom was the project manager for the recently completed operations study and rate audit study. HDR Engineering. Inc. 500 108th Avenue NE Phase: 1425(4568200 Suite 1200 Far (425) 45}7107 Bellevue. WA 98004-5549 wwx.hdrinc.ccm Mr. Steve Davis April 23, 2006 Page 2 The Success of Similar Projects: • HDR specializes in working with public utilities such as the City. We provide our financial planning and rate consulting services to utilities of all sizes, but some of our more prominent financial/rate clients are Denver Water, Seattle Public Utilities, City of Norfolk, and the Anchorage Water and Wastewater Utilities. Methodology and Approach: • By virtue of our recent work with the City on rate issues, along with conducting hundreds of studies over the years, HDR understands the most comprehensive, efficient and effective approaches to reviewing a utility's rates. Each scope of service and methodology is tailored to meet the specific needs of our clients and their unique system characteristics. • HDR is very effective in communicating and working with policymakers on complex management, financial and rate issues. HDR views communication and public presentations as one of the most critical components to the overall success of the study. In developing our proposal, HDR has provided a scope of services to conduct a comprehensive water and sewer rate study. While a great deal of the City's emphasis is currently placed on resolving the sewer financial issues, HDR also believes that it is prudent for the City to conduct a comprehensive water rate study at the same time. By doing so, the City will have a financial plan for both utilities that may be combined to provided a combined utility perspective. In addition, by conducting a water rate study at the same time, it would close off any issues or concerns regarding the prior water rate study. HDR has developed a fee proposal that segregates the fees for the water and sewer study to provide the City with flexibility in its final decision on the scope of services to be performed. - We look forward to discussing our proposal with you. Should you have any questions about our approach to this project or any information contained herein, please call me directly (425) 450- 6386. Thank you again for the opportunity to propose on this interesting project. Sincerely yours, HDR ENGINEERING, INC. Thomas E. Gould Vice President / National Technical Director of Finance and Rates Overview of the Proposed Study 1.1 Introduction..............................................................................................................1 1.2 Goals and Objectives for the Study..........................................................................1 1.3 Summary of the Proposed Scope of Work...............................................................2 1.4 Summary..................................................................................................................3 2 Proposed Scope of Services 2.1 Introduction..............................................................................................................4 2.2 Overview of a Comprehensive Rate Study..............................................................4 2.3 Detailed Description of Proposed Scope of Services...............................................5 2.4 Summary................................................................................................................15 3 Project Team Members 3.1 Introduction............................................................................................................16 3.2 Project Team Personnel.........................................................................................16 3.3 Estimated Project Participation..............................................................................18 3.4 Summary................................................................................................................18 4 Time Schedule and Fees 4.1 Introduction; ........................................ 4.2 Estimated Project Time Schedule ....... 4.3 Hourly Billing Rates ........................... 4.4 Estimated Project Fees ........................ 4.5 Proposed Method of Payment ............. 4.6 Summary ............................................. Proposal to Conduct a Comprehensive Water and Sewer Rate Study 1 City of Fayetteville 1.1 Introduction HDR Engineering, Inc. (HDR) proposes to provide a comprehensive water and sewer rate study for the Cit of Fa etteville (rib/I A com rehensive water and Y Y Y• P sewer rate study provides the basis for evaluating each utility's financial requirements, while establishing rates that• are equitable and cost -based. This section of the proposal will provide a brief overview of our understanding of the City's goals and objectives for this study, along with our proposed approach to the services requested by the City. Our proposal is based upon our discussion with the City regarding the goals and objectives for this project. "A comprehensive water and sewer rate study provides the basis for evaluating each utility's financial requirements, while establishing rates that are equitable and cost -based." 1.2 Goals and Objectives for the Study Determining the City's goals and objectives for the study is an important starting point. By gaining an understanding of these goals and objectives, the scope of services can be tailored to meet the City's needs. We believe the City's goals and objectives for this study are as follows: ■ Review the City's water and sewer rates utilizing "generally accepted" rate making methodologies to assure that the City's rates accurately reflect the cost of providing the service. The water and sewer rate methodology selected must also conform to all wholesale contractual requirements. ■ For each utility, develop a revenue requirement analysis that ensures prudent funding levels for O&M and capital infrastructure. In the context of developing the revenue requirements assure that the City follows its written and adopted financial and rate setting policies and utilizes prudent financial planning criteria. • Develop a cost allocation methodology that fairly allocates the cost of providing water and sewer services. The cost of service methodology, particularly for the sewer utility, must integrate and conform to recent agreements concerning methodology in establishing rates for the City of Elkins and potentially the City of Farmington. • Review the City's current water and sewer rate designs/structures, and provide, as appropriate, alternative rate designs that are contemporary, cost based, defensible, and meet the specific rate design objectives of the City. • Provide an effective written and oral presentation of the results of this study. Provide "as - needed" support to outside State and financial entities to support the City's rate proposal and financial plan. • Develop a rate model that is flexible and easy to use and update. • Work closely with the City management and staff, and as a team, maximize the value of this study to the City. L l , Proposal to Conduct a Comprehensive Water and Sewer Rate Study �f City of Fayetteville The above list is our perception of the City's goals and objectives at this time. As the project unfolds, the City can expand upon this list to assist us in better understanding your needs. Given these goals and objectives, a scope of services has been developed to meet the City's needs. 1.3 Summary of the Proposed Scope of Work We have developed a brief summary of our scope of work: Our scope of work is designed to meet the needs of the City. We believe our proposed approach is the most cost-effective and time -efficient. In summary form, the proposed tasks are as follows: TASK 1 —INITIAL PROJECT MEETING — Bring the HDR project team, City management, and staff together, at the start of the project, to assure that all parties have a mutual understanding of the goals, objectives, issues, and concerns related to the study. TASK 2 —DATA COLLECTION - Review and assess the City's existing water and sewer data, and provide a written data request detailing the data required to complete the study. TASK 3 -REVIEW OF EXISTING FINANCIAL/RATE SETTING POLICIES, PHILOSOPHIES$ AND PRACTICES — As a part of this task, HDR will review the existing financial/rate policies and practices of the City to ensure conformance with those policies. At the same time, HDR will propose and recommend, as appropriate, additional financial/rate policies for possible adoption by the City. All analyses developed as a part of this study will conform to the City's existing financial/rate policies, or will be based upon "generally accepted" financial/rate practices of the water and sewer utility industry. TASK 4 -REVENUE REQUIREMENT ANALYSIS - Using a generally -accepted rate setting methodology, develop the City's water and sewer revenue requirements for a projected five-year period. The analysis should utilize the City's capital infrastructure planning documents (e.g. Capital Plan/Master Plan), while ensuring adequate funds for operating and capital needs. The revenue requirement analysis will establish the cost -based `level' of revenue to be collected from rates and, if necessary, a plan to transition rates to cost -based levels. TASK 5 -COST OF SERVICE ANALYSIS — Develop an average embedded cost of service study to equitably allocate the revenue requirements of the water and sewer utilities to the customers served by the City. The cost of service methodology must conform to prior discussions and agreements between the City and the outside City and wholesale customers. TASK 6 —RATE DESIGN ANALYSIS — Utilize the cost information developed as a part of the previous tasks and develop water and sewer rate design options for possible adoption by the City. Review any alternative rate designs that meet the City's rate design goals and objectives (e.g. conservation, revenue stability, etc.). L Proposal to Conduct a Comprehensive Water and Sewer Rate Study 2 j at City of Fayetteville TASK %WORK PAPERS AND WRITTEN REPORT OF FINDINGS AND RECOMMENDATIONS — Provide a written report to summarize the findings, conclusions, and recommendations of the water and sewer rate study. In addition, provide a copy of all workpapers associated with the project to aid in future updating of the study by City staff. TASK 8—MEETINGS/WORKSHOPS/PUBLIC PRESENTATIONS — Provide effective public presentations and workshops of the findings, results, and recommendations of the study. This task will include support in any discussions with outside State Agencies or financial/lending institutions. TASK 9 —COMPUTER MODELS — Provide a copy of the computer spreadsheet models used to develop the City's study. Task 10 —On -Going "As Needed" Support — Provide on -going "as needed" support to finalize any discussions and negotiations between the City and their outside City and wholesale customers. 1.4 Summary HDR Engineering, Inc. has developed a scope of work for the City that is comprehensive and responds directly to the indicated need. We are confident in our ability to provide a quality work product to the City and to work effectively and efficiently in ensuring the best interest of the City and its customers. • Proposal to Conduct a Comprehensive Water and Sewer Rate Study 3 City of Fayetteville 2.1 Introduction HDR Engineering, Inc. (HDR) proposes to provide a comprehensive water and sewer rate study for the Fayetteville Water and Sewer City (City). To accomplish this, HDR will utilize "generally accepted" rate setting methodologies and tailor those methodologies to the specific circumstances of the City. This section of the proposal will provide a brief overview of the general approach or methodology to be used for this study. 2.2 Overview of a Comprehensive Rate Study A comprehensive rate study is generally comprised of three interrelated analyses: (1) the development of revenue requirements to determine adequate funding levels, (2) a cost of service study designed to understand the cost differences associated with serving various types of customers, and (3) a rate design analysis that establishes a cost -basis for setting rates. Provided below in Figure 2-1 is a brief overview of the rate study process. Compares the sources of funds (revenues) to the Revenue Requirement Analysis expenses of the utility to determine the overall adjustment to rates. Allocates the total revenue requirements to the Cost of Service Analysis various customer classes of service in a 'fair ._.__J and equitable" manner. Design rates to yield the revenue requirements and Rate Design Analysis meet the goals and objectives of the City. For each utility, the above framework or methodology will be utilized to analyze the rates. While Figure 2-1 provides an overview of the typical components of a comprehensive rate study, an important aspect of this study is. incorporating and "tailoring" those analytical elements into an overall scope of services that will provide the work products being requested by the City. The scope of work developed in the following section will discuss in greater detail how this general methodology is applied to the City's unique characteristics and circumstances to produce equitable and cost -based rates. fL Proposal to Conduct a Comprehensive Water and Sewer Rate Study • 4 City of Fayetteville 2.3 Detailed Description of Proposed Scope of Services HDR has attempted to develop a detailed scope of services that meets the specific goals and objectives of the City. More importantly, the scope of services outlined below, provides the City with a better understanding of our depth of knowledge and skills in conducting comprehensive rate studies. In developing the proposed scope of services, two items should be noted. First, it is assumed that each of the analyses (water and sewer) will be conducted simultaneously. The second item to note is that the general approach used to conduct the water and sewer analyses are assumed to be identical, except where noted. Task 1 —Initial Project (Kick -Off) Meeting Task Objective: Bring the HDR project team, City management and staff together, at the start of the project, to assure that all parties have a mutual understanding of the goals, objectives, issues and concerns related to the study. The initial project (kick-off) meeting is important to the overall success of this engagement since it forms the foundation for the rate study process. This meeting allows both parties to discuss the overall goals and objectives for this study, while at the same time discussing any issues and concerns that either party may have. It is proposed that the initial project meeting be approximately I — 2 hours in length. At the same time, this meeting may be coordinated with a meeting.with the City's Sewer Commission to determine any issues or concerns that group may have, prior to beginning any analytical work. Expected City Staff Support for Task 1: For this task, the City will be expected to: ■ Have their key management/project team members attend a I — 2 hour planning meeting. Deliverables as a Result of Task 1 —Initial Kick-off Meeting. From the work accomplished above, the deliverables for this optional task will be as follows: • Identification of objectives, issues and concerns by both parties. • Face-to-face meeting to get the study off to a positive start.' Task 2 —Data Collection Task Objective: Review and assess the City's existing water and sewer data, and provide a written data request detailing the data required to complete the study. The initial written data request details the data and information required to conduct the study. HDR will provide a written data request to the City prior to the initial kick-off meeting so that it "The data and can be discussed at the meeting and any problem areas quickly information requested for resolved. The data and information requested for this study this study should be, for should be, for the most part, readily available information (e.g. the most part, readily financial, statistical, customer, etc.). The key issue for data available information (e.g.. collection purposes may be the level of detail that is readily financial, statistical, available and needed for the study. It is important to keep in customer, etc.)." mind that a cost of service study requires data and information that is more detailed than the data typically reported for annual LT>`� Proposal to Conduct a Comprehensive Water and Sewer Rate Study 5 �J ` City of Fayetteville financial statement purposes. For those areas where the data is not readily available, or will require significant labor and expense on the City's part to provide, HDR and the City will determine the "sensitivity" or "importance" of the data required and if alternative data sources are available. As with any study, it is imperative that the City provide a timely response for the data requested. Expected City Staff Support for Task 2: For this task, the City will be expected to: ■ Gather the data requested in the written data request provided by HDR. (Note: typically requires 20 — 40 hours of total staff time to provide.) Deliverables as a Result of Task 2 —Data Collection. From the work accomplished above, the deliverables for this task will be as follows: • An initial written data request to the City. • Identification of any data constraints. Task 3 —Review of Existing Financial/Rate Setting Policies, Philosophies, and Practices Task Objective: Review the City's existing written financial/rate setting policies, and review any other philosophies or practices in use by the City and recommend additional policies/practices as appropriate. The City currently has an adopted set of written financial/rate setting policies. As a part of this task, HDR will review these policies to assure that the study developed conforms to these existing policies. At the same time, HDR will propose and recommend, as appropriate, additional financial/rate policies for "The City currently possible adoption by the City. All analyses developed as a part of has an adopted set of this study will conform to the City's existing financial/rate policies, written financial/rate or will be based upon "generally accepted" financial/rate practices setting policies." of the water and sewer utility industry. Expected City Staff Support for this Task: For this task, the City will be expected to: • Gather existing written policies and provide to HDR. Discuss any existing financial/rate philosophies or practices. • As needed, provide clarification of existing policies. ■ As needed, assist HDR is developing recommended policies for possible adoption. Deliverables as a Result of Task 3 —Review of Existing Financial/Rate Setting Policies, Philosophies and Practices. From the work accomplished above, the deliverables for this task will be as follows: • Review of the existing financial/rate setting policies and practices of the City. • Develop additional policies/practices to help provide financial stability to the City and aid in simplifying the financial planning and rate setting process over the long-term. L Jjj(Proposal to Conduct a Comprehensive Water and Sewer Rate Study 6 j jJ City of Fayetteville Task 4 —Revenue Requirement Analysis Task Objective: Using a "generally -accepted" rate setting methodology, develop the City's water and sewer revenue requirements for a projected five-year period. The analysis should utilize the City's capital infrastructure planning documents (e.g. Capital Plan/Master Plan), while ensuring adequate funds for operating and capital needs. The revenue requirement analysis will establish the cost -based `level' of revenue to be collected from rates and, if necessary, a plan to transition rates to cost -based levels. The development of the water and sewer revenue requirement analyses is the first major analytical portionof the comprehensive rate study process. This portion of the study entails reviewing, for each utility, the various sources of funds (revenues) and comparing them to the applications of funds (expenses) for the utility. This task considers the prudent and proper funding for O&M and capital expenditures for each utility, and determines the need for any rate adjustments over the time period selected. A more detailed discussion of the various steps involved in developing the City's revenue requirements for each utility is provided below. STEP I — SELECTION OF A TEST PERIOD — The first step in the development of the revenue requirements is the selection of a "test period". A "test period" refers to a time frame of reference for the accumulation of revenues, expenses and "This task considers consumption data. In this case, a five-year projected time period is the prudent and proposed (e.g. 2007 - 2011). By reviewing costs over this proper funding of extended time frame, the City can determine when major rate O&M and capital adjustments may be required and potentially take steps today to expenditures for each help minimize future impacts (e.g. rate adjustment transition, utility.. " accumulation of capital reserves, etc.). STEP 2 — METHOD OF ACCUMULATING COSTS — Once the "test period" has been determined, the next decision is to determine the basis or method of accumulating costs. There are two choices for accumulating costs for revenue requirement/financial planning purposes; the "cash" or "utility/accrual" basis. Table 2-1 provides a simple comparison between these two "generally accepted" methodologies. O&M Expense Taxes or Transfer Payments Annual Depreciation Expense + Return on Rate Base (Investment) Revenue Requirement + O&M Expense + Taxes or Transfer Payments + Capital Projects Financed With Rate Revenues (Z Deprec. Exp.) + Debt Service (P+I) = Revenue Requirement For determining revenue requirements, the City has historically used the "cash basis" approach. The "cash" basis approach is most commonly used by public utilities for determining and setting their revenue requirements since this closely follows their budgeting process. This is the methodology HDR would recommend to establish revenue requirements for the City. Proposal to Conduct a Comprehensive Water and Sower Rate Study City of Fayetteville STEP 3 — ACCUMULATION OF REVENUES AND EXPENSES — Once the test period and method of accumulating costs has been determined, HDR in conjunction with City management and staff will develop the test period revenue requirements for each utility. Revenue requirements are composed of two major types of costs; operational and capital expenses. The operational costs are generally projected from historical or budgeted costs, using assumed escalation factors, and adjusted for any known changes in operations (e.g. additional personnel, growth/expansion, etc.) While the projection of the operational costs is fairly straightforward, the capital cost projections are generally the focus of the analysis, and require more thought and planning. Within this study, the starting point for projecting capital costs (expenditures) will be the City's capital improvement plans for each utility, or any other relevant capital planning and capital budgeting documents. For the sewer utility, this will include the most recent cost projections for the new wastewater treatment plant. In the financial planning process, consideration must be given to maximizing the capital improvements (expenditures) for the system, while minimizing rates to its customers. This is accomplished in a variety of ways. However, the most important aspect of this discussion is that there are multiple methods of financing capital expenditures, and it is through this process that rates can be minimized. Table 2-2 provides an overview of the general approach that is used to develop a capital expense plan for the revenue requirement analysis. + Total Capital Projects - r ✓ Replacement and Refurbishment Capital Projects ✓ Legally Mandated Capital Projects ✓ System Growth and Expansion Capital Projects — Outside Funding Sources — ✓ Capital Reserves ✓ Grants ✓ Low -Interest Loans (State and/or Federal) ✓ Connection Fees/Contributed Capital ✓ Short -Term Borrowing ✓ Borrowed Funds/Long Term Debt (e.g. Revenue Bond) = Capital Projects Financed with Rate Revenues (2 Deprec. Exp.) The basic framework shown above is developed on a year -by -year basis for each of the projected five (5) years of the water and sewer revenue requirement analysis. In summary form, the general approach is to list all water and sewer capital projects in each year, and then determine the various outside funding sources for each of the projects. These outside funding sources may be low -interest loans, grants, customer capital contributions, system development charges, etc. The balance of projects not funded by the available sources of funds must be financed from a combination of long-term debt and rates. It is the balancing of the use of long-term debt to the Fjj(Proposal to Conduct a Comprehensive Water and Sewer Rate Study S City of Fayetteville impact upon rates, which is critical to the analysis. In balancing the use of debt to equity (rate) financing of capital "... consideration must projects, a number of financial planning aspects are taken into be given to maximizing account. First, the utility's debt service coverage ratio is an the capital improvements important financial measure or indication of the utility's ability (expenditures) for the to repay debt. The strength of the debt service coverage ratio system, while at the same is a direct function of the amount of capital projects that are time, minimizing rates to financed from rate revenues. At a minimum, we assume that a its customers." utility should fund an amount equal. to or greater than the utility's annual depreciation . expense for renewal and. replacement capital projects. By following this simple financial rule, the utility is not only assured of a strong debt service coverage ratio, but at the same time, it assures that existing plant in service will be maintained at acceptable service levels with the .need for minimal long-term debt financing. However, at the same time, by properly funding for this component of the capital projects, it should provide the utility with greater flexibility in its ability to borrow for capital projects. An important use of funds to help minimize rates over time is system development charges (SDCs). System development charges can be used to off -set the cost of growth -related capital infrastructure or growth -related debt service. Given the magnitude of the City's capital infrastructure plans, along with growth on Fayetteville's water and sewer systems, it will be critical to maximize the effectiveness of these funds to minimize rates to all of the City's customers. However,. the challenge in using these funds is that they are growth dependent and not a reliable source of funds. Therefore, this risk must be balanced against the methods that maybe used to minimize rates over time. In summary, given a better understanding of the overall magnitude of the needed capital projects, a final financing plan can be developed which meets the City's goals and objectives for each utility, while attempting to minimize rates and costs over time. Expected City Staff Support for this Task: For this task, the City will be expected to: • Provide "as needed" assistance to explain the City's data and information as it relates to developing the revenue requirements. • Provide "as needed" data refinements or additional data needs as determined during the process of developing the revenue requirements. • Attend a one-half day project meeting to review the draft revenue requirement analysis. Deliverables as a Result of Task 4 — Development of the Revenue Requirement Analysis. From the work accomplished above, the deliverables for this task will be as follows: • A projected water and sewer revenue requirement analysis for a projected five-year period that considers the necessary operating and capital needs of each utility. • A capital financing plan within the revenue requirement analysis, utilizing the City's comprehensive plans or capital budget, which attempts to maximize capital expenditures, while minimizing the impacts to customers over time. • If needed, a transition plan to "phase in" any needed rate adjustments. Proposal to Conduct a Comprehensive Water and Sewer Rate Study 9 fa ` City of Fayetteville ■ Recommendations regarding key financial indicators (debt service coverage, capital replacement, reserve levels, etc.). Task 5 —Cost of Service Analysis Task Objective: Develop an average embedded cost of service study to equitably allocate the revenue requirements of the water and sewer systems to the customers served by the. City. The cost of service methodology must conform to prior discussions and agreements between the City and their outside City and wholesale customers. Given the results of the revenue requirements, the City's water and sewer costs will be allocated to the various customer classes of service using an average embedded cost of service methodology. In simplified terms, a cost of service study attempts to equitably allocate the revenue requirements of each utility between the various customer classes of service (e.g. residential, commercial, wholesale, etc.). A brief discussion of the major steps associated with a water, and sewer cost of service analysis is provided below. STEP I — SELECTION OF THE METHODOLOGY — Similar to the development of the revenue requirements, the cost of service may also use the "cash basis" or the "utility/accrual" basis for establishing the cost of service. In the case of the City, the "utility/accrual" basis methodology is specified under the existing wholesale contracts. Given that, the cost of service will follow the historical methodology which was the "utility/accrual" basis. Under this methodology, the "cash basis" revenue requirements are converted to the "utility/accrual" basis and an appropriate rate of return is earned from each customer class of service. STEP 2— SELECTION OF TEST PERIOD — The first step of a cost of service is to select a time period for the allocation of costs. "In simplified terms, a cost This is similar to the revenue requirement time period of service study attempts to selection process noted above. A cost of service analysis equitably allocate the typically reviews a 1 to 2 year time period, or the period over revenue requirements which water and sewer rates will ultimately be set. In the between the various City's case, allocating the year 2007 revenue requirements for customer classes of service" each utility for cost of service purposes would appear to be appropriate. The selection of this test period is subject to change depending upon the timing of any financing and needed adjustments as shown in the revenue requirements. STEPS — FUNCTIONALIZATION AND CLASSIFICATION OF EXPENSES — The next step in the -cost of service analysis is to functionalize the data. Functionalization refers to the arrangement of cost data into its basic cost categories (e.g. for the water utility, source of supply/production, treatment, transmission, distribution, etc.). This task is simplified greatly through the City's use of a uniform system of accounts. Given functionalized costs, the costs are then classified to their various cost components. For the water utility, classification involves determining whether each specific cost or account item was incurred to meet a consumer's base, extra -capacity, fire protection or customer related need. In contrast, for the sewer utility, classification involves determining whether each specific cost or account item was incurred to meet a consumer's volume, strength or customer -related need. While the basic cost components noted above for each utility are the cornerstone to the analysis, they are by no means the only cost components to �J T>� Proposal to Conduct a Comprehensive Water and Sewer Rate Study 10 City of Fayetteville be utilized for each of the studies. A thorough review of the various types of costs that the City incurs for each utility will be undertaken and specific cost classifiers developed. Classification will be based upon generally accepted cost of service techniques. The City's prior cost of service studies provide a starting foundation for the cost of service analysis, but HDR will independently establish the methodology given the recent discussions with the outside City and wholesale customers. The prior methodology no longer reflects the current relationships between the parties and must be modified. STEP 4 -DETERMINATION OF CLASSES OF SERVICE — Development of the cost of service for each utility begins with determining the classes of service that will be used. for purposes of establishing cost allocations and rates. The process of establishing classes of service is to group customers into homogeneous groups. That is, customers with similar usage and/or facility requirements. HDR will first discuss this issue with the City to determine the City's overall objectives. Given that understanding, HDR will then review the data and information that is available for each utility on the various customer classes of service to determine final classes of service for cost allocation purposes. These will be based upon grouping customers with similar facility requirements and usage patterns for each customer group (e.g. residential, commercial, wholesale, etc.). HDR expects the customer classes of service to be similar to the past cost of service analysis conducted for the City. STEP 5 — ALLOCATION OF EXPENSES - The next analytical process involved in each of the cost of service analyses is the allocation of the classified plant in service and expenses to each of the customer classes of service. Once the classes of service have been determined, the process of developing allocation factors is undertaken. In developing the allocation factors, HDR will develop factors that are "fair and equitable" to all customers, and rely upon City -specific data where available. One of the major challenges of this study will be in developing the sewer volume allocation factor. In the City's prior study, the volume used for the City of Elkins was disputed due to metering issues. Since that time, the City believes that the metering issues have been resolved and a method established to test the reasonableness of the metered information for Elkins. STEP 6 — SUMMARY OF THE COST OF SERVICE — Given the development of all the allocation factors, the final task allocates the expenses to each class of service. From this process, a summary page of the cost of service study for each utility is provided. The summary page for the "The summary page for the difference between the current level of rate revenues received from each class of service, and the allocated, cost of service for each class." cost of service study compares the difference between the current level of rate revenues received from each class of service, and the allocated cost of service for each class. The cost of service will also provide average unit costs, or cost -based water and sewer rates, which are important to the development of final rate designs. , Average unit costs provide the City with an understanding of the cost/rate relationship between fixed and variable costs. In summary, the development of average unit costs will provide "cost of service" based water and sewer rates for all classes of service for the City. LT>`J Proposal to Conduct a Comprehensive Water and Sewer Rate Study II f jJ ` City of Fayetteville Expected City Staff Support for this Task: For this task, the City will be expected to: • Attend a half -day project meeting to review the findings and results of the cost of service analyses for each utility. • Provide any "as needed" data refinements or additional data needs as determined during the process of developing the cost of service analysis Deliverables as a Result of Task 5 — Cost of Service Analysis. From the work accomplished above, the deliverables for this task will be as follows: • Review of the current customer classes of service for the water and sewer utilities and determine any revisions for cost allocation purposes. - ■ A "fair and equitable" allocation of the revenue requirements to the various classes of service for the City's water and sewer systems, that reflects the current agreements between the City and its customers. • A summary of the average unit costs (cost -based rates) for the various customer classes of service for the water and sewer utilities. Task 6 —Rate Design Analysis Task Objective: Utilize the cost information developed as a part of the previous tasks and develop water and sewer rate design options for possible adoption by the City. Review any alternative rate designs that meet the City's rate design goals and objectives (e.g. conservation, revenue stability, etc.). A starting point for the water and sewer rate design process is understanding the rate design goals and objectives the City is striving for in this study. These objectives may include ease of administration, simplicity, revenue stability, efficient use, etc. Understanding the City's rate design objectives will assist HDR in the development of any needed water and sewer rate design alternatives. In designing the water and sewer rate options for the City, the cost of service information and average unit cost information for each utility will be utilized as a starting point. As a part of this task, the City's present rate designs for each utility will be reviewed to ensure that they conform to contemporary rate -setting goals and objectives. HDR will review the rate objectives of the City and provide rate alternatives for each utility that are designed to meet those objectives. For each rate design developed, a bill comparison and graph will be provided that shows a comparison between the present bill and the proposed bill at various levels of usage. Bill comparisons are useful in assessing the potential impacts to a wide variety of customers. A comparison of neighboring water and sewer utilities will also be provided for the proposed rate designs. Expected City Staff Support for this Task: For this task, the City will be expected to: • Discuss with HDR the City's rate design goals and objectives • Review rate design alternatives for appropriateness Deliverables as a Result of Task 6 — Rate Design Analysis. From the work accomplished above, the deliverables for this task will be as follows: Fa^c Proposal to Conduct a Comprehensive Water and Sewer Rate Study 12 \ City of Fayetteville • Review of the City's current water and sewer rates and development of various rate design alternatives. • Bill comparisons and graphs for the rate design alternatives developed. Task 7 —Work Papers and Written Report of Findings and Recommendations Task Objective: Provide a written report to summarize the findings, conclusions, and recommendations of the water and sewer rate study. In addition, provide a copy of all workpapers associated with the project to aid in future updating of the study by City staff. Upon completion of the rate analysis, HDR will develop a draft written report of the rate study. Given the financial issues associated with the sewer utility, it is proposed that two separate and distinct reports be developed for the water and sewer rate study. This will allow the City to discuss with outside parties the findings and results of the sewer rate study, without any confusion concerning the water rate study assumptions, findings and conclusions. The written reports are intended to be comprehensive in nature and document all of the activities undertaken as a part of the project, along with our findings, conclusions and recommendations. Within all of our reports, HDR provides technical appendices of all the technical analyses undertaken. HDR will provide three (3) copies of the draft final reports to the City for their review and comment. Any comments, suggestions or corrections from the City concerning the draft final reports will be incorporated into the final reports. Ten (10) copies of each of the final reports will be provided to the City. Additionally, complete documentation of all workpapers used in the preparation of the utility rate study will be provided to the City. This should facilitate subsequent updating by City staff with limited input from outside consultants. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Review and comment on the draft written reports Deliverables as a Result of Task 7— Work papers and Report Documentation. From the work accomplished above, the deliverables for this task will be as follows: • A draft and final written report for the water and sewer rate studies (separate reports) • A copy of all workpapers used in the preparation of the study Task 8—Meetings!Workshops/Public Presentations Task Objective: Provide effective public presentations of the findings, results and recommendations of the study. The overall quality and value of a rate study is often measured by the quality of the public presentation process. In addition, the ability of the consultant to present this technical material in a manner that is easily understandable to the City Council and public is paramount. HDR excels in this aspect of the study. "The overall quality and value of a rate study is often measured by the quality of the public presentation process." LT1`� Proposal to Conduct a Comprehensive Water and Sewer Rate Study 13 1 L/ ` City of Fayetteville HDR would suggest up to three meetings with the Fayetteville Water and Sewer Committee. The first meeting would be at the start of the project and be in coordination with the initial project meeting. This meeting will provide to HDR any issues or concerns the Committee may have going into the study. The second meeting would review the findings of the revenue requirement and cost service analysis. The third meeting with the Committee would present the proposed water and sewer rate designs. It is also assumed that a public meeting would be provided to review the findings, conclusions and recommendations of the study to the City Council. This public meeting would be after the meetings with the Water and Sewer Committee. These four (4) meetings will provide the City with the flexibility it may need to present this study to the City Council and customers. HDR will work with the City to determine the content, timing and overall schedule of the meetings. Should additional public meetings/presentations be required, they will be provided on a time and material basis. In addition to the above public meetings, the City may need to present the findings, conclusions and recommendations of this study to the outside financial community and/or State Agencies. It has been assumed that two meetings will be required to conduct these meetings. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Review and comment on any proposed handouts for public meetings Deliverables as a Result of Task 8 — Meetings/Workshops/Public Presentations. From the work accomplished above, the deliverables for this task will be as follows: • Up to three (4) workshops/public presentations with the City's Water and Sewer Commission and City Council during the rate study process to gain policy direction and present the results to the public. • Up to two (2) meetings/presentations with the outside financial community and/or State Agencies to present the findings, conclusions and recommendations of the study. Task 9 —Computer Models Task Objective: Provide a copy of all models developed as a part of this study. The financial/rate model developed for the City will be provided at the end of the study. The model will be developed using the spreadsheet program of the City's choice (e.g. Excel, etc.). As the model is developed, HDR will work closely with City staff to attempt to provide a model that is easy to use and understand. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Select the City's preferred spreadsheet program Deliverables as a Result of Task 9 — Computer Models. From the work accomplished above, the deliverables for this task will be as follows: ■ A copy of the computer spreadsheet model used to develop the City's study. Proposal to Conduct a Comprehensive Water and Sewer Rate Study 14 f l City of Fayetteville Task 10 —On -Going "As Needed" Support Task Objective: Provide on -going "as needed" support to finalize any discussions and negotiations between the City and their outside City and wholesale customers. The City is currently working, with the City of Farmington to finalize agreement on the methodology that will be. used to establish the sewer rates for Farmington. The management team for Fayetteville requires technical support to complete those negotiations. Any work conducted in this task will be provided on a time and materials basis and is not considered a part of the "basic" services required to conduct the comprehensive water and sewer rate study. All work conducted under this task will be at the direction of the City management team. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Provide direction on the requested support Deliverables as a Result of Task 10 — On -Going "As Needed" Support. From the work accomplished above, the deliverables for this task will be as follows: ■ Technical analysis to support the City's negotiations with Farmington This concludes the discussion of the proposed scope of work for the City. This scope of work has been developed based upon our limited understanding of the City's goals and objectives for this study. HDR is willing to modify our approach to meet the City's specific needs. 2.4 Summary This section of the proposal has provided a detailed discussion of our approach and methodology in meeting the City's water and sewer rate study needs. We have attempted to provide as much detail to our approach as reasonably possible. As needed, our proposed scope of work and approach can be revised to meet the specific needs of the City. We are confident of our ability to provide a quality work product to the City, and to work effectively and in the best interests of its customers. Proposal to Conduct a Comprehensive Water and Sewer Rate Study 15 to ` City of Fayetteville 3.1 Introduction A key factor to the success of any project is the experience and expertise of the project team. To be successful in a rate study, the project team must successfully combine a number of people with different backgrounds and abilities into a well-rounded, comprehensive team. We believe that is the strength of HDR and our proposed project team for the City's study. This section of the proposal will review this aspect of our qualifications. Provided below is a brief discussion of each of the key project team members. More detailed resumes for each individual are included as appendices to this proposal. 3.2 Project Team Personnel Provided below is an overview of the individuals to be assigned to the City's project and their qualifications. The personnel assigned to this project will be assigned to the project until its successful completion. The Project Manager for the study, Tom Gould, is committed to the successful completion of the City's study and as a part of this study, will attend all project meetings and public presentations. 3.2.1 Tom Gould, Vice President The Project Manager for the City's study will be Tom RATE STUDY EXPERIENCE OF Gould, a Vice President and the National Technical TOM GOULD Director of Finance and Rates at HDR. Tom will be in Project Mgmt. 22 years charge of overall quality control for the study. In addition, Revenue Requirements 27 years he will participate in all public presentations. Tom is a Cost of Service 27 years nationally recognized expert in the area of cost of service Rate Design 27 years and rate setting. He has been a project manager for Computer Modeling 23 years numerous water, wastewater, solid waste, electric and Public Presentations 25 years natural gas rate studies for. HDR. Among the clients he has worked with locally are the Alderwood Water and Sewer City, Woodinville Water and Sewer City, Highline Water City, City of Bremerton and the City of Mountlake Terrace. Tom has over 27 years of experience and during that time has had the opportunity to work with numerous public utilities throughout the United States and Canada. He is currently an instructor for the American Water Works Association (AWWA) Financial Management Seminar. He is also a past member of the AWWA Rates and Charges Subcommittee and a contributing author to the AWWA M-34 and M-1 manuals on water rate setting. Tom is located in the Bellevue, Washington office of HDR. LT17 Proposal to Conduct a Comprehensive Water and Sewer Rate Study 16 �f ` City of Fayetteville 3.2.2 Shawn Koom, Senior Financial Analyst Mr. Shawn Koorn, a Senior Financial Analyst with HDR RATE STUDY EXPERIENCE OF will manage the day to day portions of the City's studies. SHAWN KOORN Shawn specializes in the area of financial planning and Project Mgmt. 2 years rates. He has a strong command of spreadsheet and Revenue Requirements 6 years database programs and has successfully used a number of Cost of Service 66 years programs graphics years Rate Design 6 for and presentations. Shawn has Computer Modeling 6 years recently worked on a number of complex rate studies, Public Presentations 3 year including studies for the Jordan Valley Water ConservancyDistrict, City of Norfolk (VA), Anchorage Water and Wastewater Utilities, and the Mesa Consolidated Water District. Prior to joining HDR, Shawn worked for the Island County Public Works Department. -Shawn is located in the Bellevue office of HDR. 3.2.3 Judy Dean, CPA, Senior Financial Analyst Judy Dean is a Senior Financial Analyst with HDR. Judy RATE STUDY EXPERIENCE OF specializes in the area of financial planning, rates and JUDY DEAN connection fees for HDR. Judy has over eight years of professional consulting experience, and prior to Project Mgmt. 3 years Revenue Requirements 8 years consulting, worked for a medium sized municipal utility. Cost of Service 8 years She brings a strong background in accounting and finance Rate Design 8 years to the project. Judy is a current Washington State CPA.. Computer Modeling 10 years Most recently, Judy developed rate studies and connection Public Presentations 10 years fee analyses for the following utilities: Skagit County PUD, Alderwood Water and Sewer City, Woodinville Water and Sewer City, City of Shelton (WA), Calaveras County Water City (CA) and the City of Folsom (CA). Judy is located in the Bellevue, Washington office of HDR. 3.2.4 Kevin Lorentzen, Financial Analyst Kevin Lorentzen will assist in developing the computer RATE STUDY EXPERIENCE OF models and analytical portions of the City's study. Kevin KEVIN LORENTZEN recently joined the HDR financial group and in a short Project Mgmt. 0 year time has proven his expertise in computer modeling, Revenue Requirements 1 year database management and understanding the issues facing Cost of Service 1 year Rate Design 1 year public utilities. Kevin's skills in database management Computer Modeling 4 years have been of assistance in several recent rate studies Public Presentations 1 year where the utility revenue and consumption data was provided as an extraction from the billing system. Kevin's knowledge of systems and functions within software programs have provided for efficient analysis of client data. Prior to joining HDR, Kevin served as a staff accountant at a manufacturing firm and as a Hydrological Technician for the U.S. Forest Service. Kevin is located in the Bellevue office of HDR. LT\`� Proposal to Conduct a Comprehensive Water and Sewer Rate Study 17 j �� ` City of Fayetteville 3.3 Estimated Project Participation An important element within our proposal is the level of participation and commitment by the Project Manager and other personnel. Provided below is the labor effort and level of commitment by individual for the City's study. Individual Project Role Hours Tom Gould Project Manager 132 hours 19.4% Shawn Koom Manager — Technical Analysis 170 hours 25.0% Judy Dean Technical Analysis 54 hours 7.9% Kevin Lorentzen Technical Analysis 270 hours 39.7% Others Project Clerical Support 54 hours 8.0% Total 680 hours 100.0% 3.4 Summary The above noted individuals will provide the bulk of the required efforts for this project. Each individual has also worked extensively with City Councils, management, staff and the public to ensure that the goals and objectives of the utility are accomplished in a successful manner. Should additional personnel be required for a specific issue, HDR has additional personnel that can address any financial, rate, resource or engineering issue that may arise. Proposal to Conduct a Comprehensive Water and Sewer Rate Study City of Fayetteville 18 4.1 Introduction This section of. the proposal will provide a detailed overview of proposed time schedule and the estimated fees for this study. Our proposed time schedule and fees are based upon our understanding of the City's needs, along with the anticipated complexity of the study. HDR is willing to modify our proposed time schedule and fees to meet the specific needs of the City. 4.2 Estimated Project Time Schedule A rate study of this complexity generally requires 24 to 36 weeks to complete, depending upon a number of factors. These factors include the amount of time required by the City to collect the necessary data, the quality of the data provided, the ability to schedule meetings with City staff in a timely manner and, most importantly, receive policy direction from the City's management and/or City Council on the study. Provided below in Figure 4-1 is our estimated proposed time schedule for the City's project. t.- ,,-, ,..:", car.=,. ,r: � .•ex��aa,: •sse..�t;.�s s2006�^�, r}v" wp.;t� '�.z'�����r ��{c �i »ixr [� ywTask asEii t�3 , ail-�'iT�' ,i �T 9. �Yr:Ar = + s -i .;,-.pt-�.De5cnpbon',,t�;;�t+. }, ,„",, �lir�:.•� _May- �S ,JuheY; y� T Imo` Y , 1p( uY:l�)ryt -w. 4�- �.�Ju1Y ;Aug .,,,Septa__(.. ,. ♦ ��d:. !FI Nov +'• �.,-''Dec I Initial Project Meeting 2 Data Collection 3 Review Financial Policies 4 Revenue Requirement Analysis 5 Cost of Service Analysis 6 Rate Design Analysis 7 Written Reports 8a Public Presentations 8b Presentations to Outside Agencies 9 Computer Models 10 "As -Needed" Technical Assistance • Water and Sewer Committee Workshop/Public Meeting • City Council Public Meeting • Outside Financial and State Agency Meeting HDR is willing to adjust the project time schedule to meet the City's needs. fL Proposal to Conduct a Comprehensive Water and Sewer Rate Study 19 City of Fayetteville 4.3 Hourly Billing Rates The following hourly billing rates were used to establish the proposed fees for this study. Individual Project Role Hourly Rate Tom Gould Project Manager $215.00/hour Shawn Koorn Manager - Technical Analysis $130.00/hour Judy Dean Technical Analysis $140.00/hour Kevin Lorentzen Technical Analysis $85.00/hour Others Project Clerical Support $80.00/hour Should other HDR individuals be required for this project, they will be billed at their standard hourly billing rate. No subconsultants are needed for this study. 4.4 Estimated Project Fees Given the hourly billing rates and estimated labor hours by task, the total estimated fees for the City's study could be developed. To assist the City in reviewing our proposal, the total fees have been developed by individual task. Provided below in Table 4-2 is a summary of the estimated fees for the City's project. Labor: Task 1: Initial Project Meeting $1,410 $1,410 $2,820 Task 2: Data Collection 435 435 870 Task 3: Review Financial Policies 990 990 1,980 Task 4: Revenue Requirement Analysis 6,921 8,459 15,380 Task 5: Cost of Service Analysis 7,672 11,508 19,180 Task 6: Rate Design Analysis 4,848 3,232 8,080 Task 7: Workpapers/Written Reports 4,740 4,740 9,480 Task 8a: Public Presentations - City 6,200 6,200 12,400 Task 8b: Public Presentations — Outside Agencies 0 5,320 5,320 Task 9: Computer Models N/C N/C N/C Task 10: As -Needed "On -Going" Tech. Assist. 0 9,800 9.800 Grand Total Labor $33,216 $52,094 $85,310 Expenses: Airfare (10 RT @ $600/RT) $2,400 $3,600 6,000 Hotel (18 days @ $130/day) 910 1,430 2,340 Car Rental (12 days @ $80/day) 400 560 960 Meals 150 150 300 Mileage/Parking 150 150 300 Miscellaneous (Report Copies, Fax, Phone, etc.) 250 250 500 Technology Charge 1.080 1,700 2.780 Total Expenses $5,440 $7,840 $13,380 Grand Total "Not to Exceed" Fees $38.556 S9&490 Proposal to Conduct a Comprehensive Water and Sewer Rate Study 20 City of Fayetteville The above fee estimate is based upon the scope of services previously presented. HDR Engineering, Inc. is willing to negotiate a final fee based upon a final agreed upon scope of services. Should the City request any additional services under this contract, the services will be provided at the hourly billing rates stated above. All portions of this proposal can be expanded or reduced as mutually agreed upon in writing by the City and HDR. The above quoted fees will remain in effect until July 1, 2006. 4.5 Proposed Method of Payment HDR is willing to enter into a fixed fee, lump sum payment for this project. HDR would propose that the fees be split into seven equal monthly payments. The last (7`h) payment would be held by the City until all final reports are completed and delivered to the City, and the project is completed to the City's satisfaction. At that point, the final payment would be billed to the City and the project completed. 4.6 Summary HDR has provided a detailed discussion regarding the proposed time schedule and fees for the City's project. If necessary, we are willing to adjust our scope and schedule to attempt to work within the City's constraints and needs. L Proposal to Conduct a Comprehensive Water and Sewer Rate Study 21 j jJ City of Fayetteville AGREEMENT - • . .. For . PROFESSIONAL SERVICES Between - CITY OF FAYETTEVILLE, ARKANSAS And HDR ENGINEERING, INC. THIS AGREEMENT is made as of , 20_, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and HDR ENGINEERING, INC. with offices located at 500 108`h Avenue N.E., Suite 1200, Bellevue, Washington 98004 (hereinafter called HDR). CITY OF FAYETTEVILLE requires professional services in connection with the development of a comprehensive water and sewer rate study and as more fully described in Section 2. Therefore, CITY OF FAYETTEVILLE and HDR in consideration of their mutual covenants agree as follows: HDR shall serve as CITY OF FAYETTEVILLE's professional services consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of HDR services. All services shall be performed under the direction of a professional qualified in the particular field. SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of HDR. 1.2 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2- BASIC SERVICES OF HDR 2.1 Develop a comprehensive water and sewer rate study, in conformance with "generally accepted" rate setting principles. The comprehensive rate study shall be composed of a revenue requirement analysis, a cost of service analysis and a rate design analysis. 2.2 Develop a written report of the findings, conclusions and recommendations of the study. 2.3 Provide effective public presentations of the findings, conclusion and recommendations of the study. A more detailed scope of services is attached as Appendix A to this Agreement. RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay services of Consultant: Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. Assist Consultant by placing at Consultant's disposal all available information pertinent to the assignment including financial and customer data and information, along with any other data relative thereto. Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with respect to the services to be performed under this Agreement. PERIOD OF SERVICE This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. Consultant will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. COMPENSATION For the Scope of Services described herein, CITY OF FAYETTEVILLE shall pay HDR the lump sum amount of eighty five thousand, three hundred ten United States Dollars (US $85,310.00), plus estimated reimbursable expenses of thirteen thousand, three hundred and eighty United States Dollars (US $13,380.00), for a total contract not to exceed ninety eight thousand, four hundred and ninety United States Dollars (US $98,490.00). Subject to the City Council approval, adjustment of the lump sum amount may be made should HDR establish and CITY OF FAYETTEVILLE agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. The lump sum amount as stated in this Section shall be submitted in seven (7) equal portions to CITY OF FAYETTEVILLE for services consistent with HDR's normal billing schedule. Reimbursable expenses shall be included applications for payment as accrued. Applications for payment shall be made in accordance with a format to be developed by HDR and approved by CITY OF FAYETTEVILLE. Each month an updated project report will be submitted to the CITY OF FAYETTEVILLE as the basis for determining the value earned as the work is accomplished. Final payment for services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Project. The seventh and final payment shall be held by the CITY OF FAYETTEVILLE until the successful completion of the study by HDR and delivery of the final report. Payments All statements are payable upon receipt and due within thirty (30) days. If a portion of HDR's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise HDR in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. Final Payment Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, HDR shall execute and deliver to CITY. OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by HDR to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against HDR or his sureties under this Agreement or applicable performance and payment bonds, if any. GENERAL CONSIDERATIONS Insurance During the course of performance of these services, HDR will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim HDR will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Professional Responsibility HDR will exercise reasonable skill, care, and diligence in the performance of HDR's services and will carry out its responsibilities in accordance with customarily accepted professional practices. HDR agrees not to seek or accept any compensation or reimbursements from the City of Fayetteville for professional work it performs to correct any errors, omissions or other deficiencies caused by HDR's failure to meet customarily accepted professional practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of HDR. In addition, HDR will be responsible to CITY OF FAYETTEVILLE for damages caused by any negligent conduct to the extent covered by HDR's Commercial General Liability and Automobile Liability Insurance policies as specified above. Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of HDR's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the authorized representative having signatory authority of HDR. Termination This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, An opportunity for consultation with the terminating party prior to termination shall be provided. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that HDR is given: Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, An opportunity for consultation with the terminating party prior to termination shall be provided. If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, Any payment due to HDR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of HDR default. If termination for default is effected by HDR, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to HDR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by HDR relating to commitments which had become fine prior to the termination. Upon receipt of a termination action under Paragraphs above, HDR shall: Promptly discontinue all affected work (unless the notice directs otherwise), Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, information, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by HDR in performing this Agreement, whether completed or in process. Upon termination CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. If, after termination for failure of HDR to fulfill contractual obligations, it is determined that HDR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided above. Delays In the event the services of HDR are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond HDR's reasonable control, HDR shall be entitled to additional compensation and time for reasonable costs incurred by HDR in temporarily closing down or delaying the Project. Rights and Benefits HDR's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. Dispute Resolution Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and HDR which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or HDR in the performance of this Agreement, and disputes concerning payment. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures have been complied with. Notice of Dispute For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give HDR written Notice at the address listed in the contract within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and HDR shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the Director/Manager of the Water Business Group of HDR and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to HDR for services rendered by HDR INDEMNIFICATION Computer Models HDR may use or modify HDR's proprietary computer models in service of CITY OF FAYETTEVILLE under this Agreement, or HDR may develop computer models during HDR service to CITY OF FAYETTEVILLE under this Agreement. Such use, modification, or development by HDR does not constitute a license to CITY OF FAYETTEVILLE to use or modify HDR's computer models. Said proprietary computer models shall remain the sole property of HDR. CITY OF FAYETTEVILLE and HDR will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to use HDR's computer models. Ownership of Documents All documents provided by CITY OF FAYETTEVILLE remain the property of CITY OF FAYETTEVILLE. HDR. may retain reproduced copies of drawings and copies of other documents. Financial and engineering documents, drawings, and specifications prepared by HDR as part of the Services shall become the property of CITY OF FAYETTEVILLE when HDR has been compensated for all Services rendered, provided, however, that HDR shall have the unrestricted right to their use. HDR shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of HDR. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. HDR makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the original hard copies and the electronic files, the original hard copies will govern. Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: City of Fayetteville Mayor Dan Coody 113 W. Mountain Fayetteville, AR 72701 HDR's address: 500 108`x' Avenue N.E. Suite 1200 Bellevue, Washington 98004 Successor and Assigns I CITY OF FAYETTEVILLE and HDR each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor HDR shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. Entire Agreement This Agreement represents the entire Agreement between HDR and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to HDR a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by HDR shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SPECIAL CONDITIONS HDR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by HDR's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-famished data. HDR's obligations under this clause are in addition to HDR's other obligations under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against HDR for services provided. Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and HDR arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. Audit: Access to Records HDR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. 10 HDR shall also maintain the financial information and data used by HDR in the preparation of support bf the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. HDR will provide proper facilities for such access and inspection. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. This right of access clause (with respect to financial records) applies to: Negotiated prime agreements: Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: With respect to record pertaining directly to subagreement performance, excluding any financial records of HDR; If there is any indication that fraud, gross abuse or corrupt practices may be involved; If the subagreement is terminated for default or for convenience. Covenant Against Contingent Fees HDR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by HDR for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Gratuities If CITY OF FAYETTEVILLE finds after a notice and hearing that HDR or any of HDR's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to HDR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. In the event this Agreement is terminated as provided above, CITY OF FAYETTEVILLE may pursue the same remedies against HDR as it could pursue in the event of a breach of the Agreement by HDR. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs HDR incurs in providing any such gratuities to any such officer or employee. Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, HDR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 12 Debarment And Suspension I certify that to the best of my knowledge and belief that the company that I represent 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 judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes 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 government 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. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. DEBARMENT CERTIFICATION AUTHORIZED REPRESENTATIVE COMPANY NAME: HDR Engineering, Inc. SIGNA PRINTED NAME: DATE: TITLE: 13 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and HDR, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor ATTEST: By: City Clerk HDR Engineering, Inc. By: Changes, modifications or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES 14 APPENDIX A DETAILED SCOPE OF SERVICE Task 1 —Initial Project (Kick -Off) Meeting Task Objective: Bring the HDR project team, City management and staff together, at the start of the project, to assure that all parties have a mutual understanding of the goals, objectives, issues and concerns related to the study. The initial project (kick -oft) meeting is important to the overall success of this engagement since it forms the foundation for the rate study process. This meeting allows both parties to discuss the overall goals and objectives for this study, while at the same time discussing any issues and concerns that either party may have. It is proposed that the initial project meeting be approximately 1 — 2 hours in length. At the same time, this meeting may be coordinated with a meeting with the City's Sewer Commission to determine any issues or concerns that group may have, prior to beginning any analytical work. Expected City Staff Support for Task 1: For this task, the City will be expected to: ■ Have their key management/project team members attend a I — 2 hour planning meeting. Deliverables as a Result of Task 1 —Initial Kick-off Meeting. From the work accomplished above, the deliverables for this optional task will be as follows: • Identification of objectives, issues and concerns by both parties. • Face-to-face meeting to get the study off to a positive'start. Task 2 —Data Collection Task Objective: Review and assess the City's existing water and sewer data, and provide a written data request detailing the data required to complete the study. The initial written data request details the data and information required to conduct the study. HDR will provide a written data request to the City prior to the initial kick-off meeting so that it can be discussed at the meeting and any problem areas quickly resolved. The data and information requested for this study should be, for the most part, readily available information (e.g. financial, statistical, customer, etc.). The key issue for data collection purposes may be the level of detail that is readily available and needed for the study. It is important to keep in mind that a cost of service study requires data and information that is more detailed than the data typically reported for annual financial statement purposes. For those areas where the data is not readily available, or will require significant labor and expense on the City's part to provide, HDR and the City will determine the "sensitivity" or "importance" of the data required and if alternative data sources are available. As with any study, it is imperative that the City provide a timely response for the data requested. Expected City Staff Support for Task 2: For this task, the City will be expected to: ■ Gather the data requested in the written data request provided by HDR. (Note: typically requires 20-40 hours of total staff time to provide.) 15 APPENDIX A DETAILED SCOPE OF SERVICE Deliverables as a Result of Task 2 Data Collection. From the work accomplished above, the deliverables for this task will be as follows: • An initial written data request to the City. • Identification of any data constraints. Task 3 —Review of Existing Financial/Rate Setting Policies, Philosophies, and Practices Task Objective: Review the City's existing written f nancial/rate setting policies, and review any other philosophies or practices in use by the City and recommend additional policies/practices as appropriate. The City currently has an adopted set of written financial/rate setting policies. As a part of this task, HDR will review these policies to assure that the study developed conforms to these existing policies. At the same time, HDR will propose and recommend, as appropriate, additional financial/rate policies for possible adoption by the City. All analyses developed as a part of this study will conform to the City's existing financial/rate policies, or will be based upon "generally accepted" financial/rate practices of the water and sewer utility industry. Expected City Staff Support for this Task: For this task, the City will be expected to: • Gather existing written policies and provide to HDR. Discuss any existing financial/rate philosophies or practices. • As needed, provide clarification of existing policies. • As needed, assist HDR is developing recommended policies for possible adoption. Deliverables as a Result of Task 3 Review of Existing Financial/Rate Setting Policies, Philosophies and Practices. From the work accomplished above, the deliverables for this task will be as follows: • Review of the existing financial/rate setting policies and practices of the City. • Develop additional policies/practices to help provide financial stability to the City and aid in simplifying the financial planning and rate setting process over the long-term. Task 4 —Revenue Requirement Analysis Task Objective: Using a "generally -accepted" rate setting methodology, develop the City's water and sewer revenue requirements for a projected five-year period. The analysis should utilize the City's capital infrastructure planning documents (e.g. Capital Plan/Master Plan), while ensuring adequate funds for operating and capital needs. The revenue requirement analysis will establish the cost -based 'level' of revenue to be collected from rates and, if necessary, a plan to transition rates to cost -based levels. The development of the water and sewer revenue requirement analyses is the first major analytical portion of the comprehensive rate study process. This portion of the study entails reviewing, for each utility, the various sources of funds (revenues) and comparing them to the 16 APPENDIX A DETAILED SCOPE OF SERVICE applications of funds (expenses) for the utility. This task considers the prudent and proper funding for O&M and capital expenditures for each utility, and determines the need for any rate adjustments over the time period selected. A more detailed discussion of the various steps involved in developing the City's revenue requirements for each utility is provided below. STEP I — SELECTION OF A TEST PERIOD — The first step in the development of the revenue requirements is the selection of a "test period". A "test period" refers to a time frame of reference for the accumulation of revenues, expenses and consumption data. In this case, a five- year projected time period is proposed (e.g. 2007-2011). By reviewing costs over this extended time frame, the City can determine when major rate adjustments may be required and potentially take steps today to help minimize future impacts (e.g. rate adjustment transition, accumulation of capital reserves, etc.). STEP 2— METHOD OF ACCUMULATING COSTS — Once the "test period" has been determined, the next decision is to determine the basis or method of accumulating costs. There are two choices for accumulating costs for revenue requirement/financial planning purposes; the "cash" or "utility/accrual" basis. Table 2-1 provides a simple comparison between these two "generally accepted" methodologies. + O&M Expense + Taxes or Transfer Payments + Annual Depreciation Expense + Return on Rate Base (Investment) = Revenue Requirement + O&M Expense + Taxes or Transfer Payments + Capital Projects Financed with Rate Revenues (≥ Deprec. Exp.) + Debt Service (P+I) Revenue Requirement For determining revenue requirements, the City has historically used the "cash basis" approach. The "cash" basis approach is most commonly used by public utilities for determining and setting their revenue requirements since this closely follows their budgeting process. This is the methodology HDR would recommend to establish revenue requirements for the City. STEP 3 — ACCUMULATION OF REVENUES AND EXPENSES — Once the test period and method of accumulating costs has been determined, HDR in conjunction with City management and' staff will develop the test period revenue requirements for each utility. Revenue requirements are composed of two major types of costs; operational and capital expenses. The operational costs are generally projected from historical or budgeted costs, using assumed escalation factors, and adjusted for any known changes in operations (e.g. additional personnel, growth/expansion, etc.) While the projection of the operational costs is fairly straightforward, the capital cost projections are generally the focus of the analysis, and require more thought and planning. - 17 APPENDIX A DETAILED SCOPE OF SERVICE Within this study, the starting point for projecting capital costs (expenditures) will be the City's capital improvement plans for each utility, or any other relevant capital planning and capital budgeting documents. For the sewer utility, this will include the most recent cost projections for the new wastewater treatment plant. In the financial planning process, consideration must be given to maximizing the capital improvements (expenditures) for the system, while minimizing rates to its customers. This is accomplished in a variety of ways. However, the most important aspect of this discussion is that there are multiple methods of financing capital expenditures, and it is through this process that rates can be minimized. Table 2-2 provides an overview of the general approach that is used to develop a capital expense plan for the revenue requirement analysis. + Total Capital Projects — ✓ Replacement and Refurbishment Capital Projects ✓ Legally Mandated Capital Projects ✓ System Growth and Expansion Capital Projects — Outside Funding Sources — ✓ Capital Reserves ✓ Grants ✓ Low -Interest Loans (State and/or Federal) ✓ Connection Fees/Contributed Capital ✓ Short -Term Borrowing ✓ Borrowed Funds/Lone Term Debt (e.Q._Revenue Bond) Capital Projects Financed with Rate Revenues (2 Deprec. Exp.) The basic framework shown above is developed on a year -by -year basis for each of the projected five (5) years of the water and sewer revenue requirement analysis. In summary form, the general approach is to list all water and sewer capital projects in each year, and then determine the various outside funding sources for each of the projects. These outside funding sources may be low -interest loans, grants, customer capital contributions, system development charges, etc. The balance of projects not funded by the available sources of funds must be financed from a combination of long-term debt and rates. It is the balancing of the use of long-term debt to the impact upon rates, which is critical to the analysis. In balancing the use of debt to equity (rate) financing of capital projects, a number of financial planning aspects are taken into account. First, the utility's debt service coverage ratio is an important financial measure or indication of the utility's ability to repay debt. The strength of the debt service coverage ratio is a direct function of the amount of capital projects that are financed from rate revenues. At a minimum, we assume that a utility should fund an amount equal to or greater than the utility's annual depreciation expense for renewal and replacement 18 APPENDIX A DETAILED SCOPE OF SERVICE capital projects. By following this simple financial rule, the utility is not only assured of a strong debt service coverage ratio, but at the same time, it assures that existing plant in service will be maintained at acceptable service levels with the need for minimal long-term debt financing. However, at the same time, by properly funding for this component of the capital projects, it should provide the utility with greater flexibility in its ability to borrow for capital projects. An important use of funds to help minimize rates over time is system development charges (SDCs). System development charges can be used to off -set the cost of growth -related capital infrastructure or growth -related debt service. Given the magnitude of the City's capital infrastructure plans, along with growth on Fayetteville's water and sewer systems, it will be critical to maximize the effectiveness of these funds to minimize rates to all of the City's customers. However, the challenge in using these funds is that they are growth dependent and •not a reliable source of funds. Therefore, this risk must be balanced against the methods that maybe used to minimize rates over time. In summary, given a better understanding of the overall magnitude of the needed capital projects, a final financing plan can be developed which meets the City's goals and objectives for each utility, while attempting to minimize rates and costs over time. Expected City Staff Support for this Task: For this task, the City will be expected to: • Provide "as needed" assistance to explain the City's data and information as it relates to developing the revenue requirements. • Provide "as needed" data refinements or additional data needs as determined during the process of developing the revenue requirements. • Attend a one-half day project meeting to review the draft revenue requirement analysis. Deliverables as a Result of Task 4 — Development of the Revenue Requirement Analysis. From the work accomplished above, the deliverables for this task will be as follows: • A projected water and sewer revenue requirement analysis for a projected five-year period that considers the necessary operating and capital needs of each utility. • A capital financing plan within the revenue requirement analysis, utilizing the City's comprehensive plans or capital budget, which attempts to maximize capital expenditures, while minimizing the impacts to customers over time. • If needed, a transition plan to "phase in" any needed rate adjustments. • Recommendations regarding key financial indicators (debt service coverage, capital replacement, reserve levels, etc.). Task 5 —Cost of Service Analysis Task Objective: Develop an average embedded cost of service study to equitably allocate the revenue requirements of the water and sewer systems to the customers served by the City. The cost of service methodology must conform to prior discussions and agreements between the City and their outside City and wholesale customers. 19 APPENDIX A DETAILED SCOPE OF SERVICE Given the results of the revenue requirements, the City's water and sewer costs will be allocated to the various customer classes of service using an average embedded cost of service methodology. In simplified terms, a cost of service study attempts to equitably allocate the revenue requirements of each utility between the various customer classes of service (e.g. residential, commercial, wholesale, etc.). A brief discussion of the major steps associated with a water, and sewer cost of service analysis is provided below. STEP 1 - SELECTION OF THE METHODOLOGY — Similar to the development of the revenue requirements, the cost of service may also use the "cash basis" or the "utility/accrual" basis for establishing the cost of service. In the case of the City, the "utility/accrual" basis methodology is specified under the existing wholesale contracts. Given that, the cost of service will follow the historical methodology which was the "utility/accrual" basis. Under this methodology, the "cash basis" revenue requirements are converted to the "utility/accrual" basis and an appropriate rate of return is earned from each customer class of service. STEP 2 — SELECTION OF TEST PERIOD — The first step of a cost of service is to select a time period for the allocation of costs. This is similar to the revenue requirement time period selection process noted above. A cost of service analysis typically reviews a 1 to 2 year time period, or the period over which water and sewer rates will ultimately be set. In the City's case, allocating the year 2007 revenue requirements for each utility for cost of service purposes would appear to be appropriate. The selection of this test period is subject to change depending upon the timing of any financing and needed adjustments as shown in the revenue requirements. STEP3 — FUNCTIONALIZATION AND CLASSIFICATION OF EXPENSES — The next step in the cost of service analysis is to functionalize the data. Functionalization refers to the arrangement of cost data into its basic cost categories (e.g. for the water utility, source of supply/production, treatment, transmission, distribution, etc.). This task is simplified greatly through the City's use of a uniform system of accounts. Given functionalized costs, the costs are then classified to their various cost components. For the water utility, classification involves determining whether each specific cost or account item was incurred to meet a consumer's base, extra -capacity, fire protection or customer related need. In contrast, for the sewer utility, classification involves determining whether each specific cost or account item was incurred to meet a consumer's volume, strength or customer -related need. While the basic cost components noted above for each utility are the cornerstone to the analysis, they are by no means the only cost components to be utilized for each of the studies. A thorough review of the various types of costs that the City incurs for each utility will be undertaken and specific cost classifiers developed. Classification will be based upon generally accepted cost of service techniques. The City's prior cost of service studies provide a starting foundation for the cost of service analysis, but HDR will independently establish the methodology given the recent discussions with the outside City and wholesale customers. The prior methodology no longer reflects the current relationships between the parties and must be modified. STEP 4 -DETERMINATION OF CLASSES OF SERVICE — Development of the cost of service for each utility begins with determining the classes of service that will be used for purposes of WE APPENDIX A DETAILED SCOPE OF SERVICE establishing cost allocations and rates. The process of establishing classes of service is to group customers into homogeneous groups. That is, customers with similar usage and/or facility requirements. HDR will first discuss this issue with the City to determine the City's overall objectives. Given that understanding, HDR will then review the data and information that is available for each utility on the various customer classes of service to determine final classes of service for cost allocation purposes. These will be based upon grouping customers with similar facility requirements and usage patterns for each customer group (e.g. residential, commercial, wholesale, etc.). HDR expects the customer classes of service to be similar to the past cost of service analysis conducted for the City. - STEP 5 —ALLOCATION OF EXPENSES — The next analytical process involved in each of the cost of service analyses is the allocation of the classified plant in service and expenses to each of the customer classes of service. Once the classes of service have been determined, the process of developing allocation factors is undertaken. In developing the allocation .factors, HDR will develop factors that are "fair and equitable" to all customers, and rely upon City -specific data where available. One of the major challenges of this study will be in developing the sewer volume allocation factor. In the City's prior study, the volume used for the City of Elkins was disputed due to metering issues. Since that time, the City believes that the metering issues have been resolved and a method established to test the reasonableness of the metered information for Elkins. STEP 6 — SUMMARY OF THE COST OF SERVICE — Given the development of all the allocation factors, the final task allocates the expenses to each class of service. From this process, a summary page of the cost of service study for each utility is provided. The summary page for the cost of service study compares the difference between the current level of rate revenues received from each class of service, and the allocated cost of service for each class. The cost of service will also provide average unit costs, or cost -based water and sewer rates, which are important to the development of final rate designs. Average unit costs provide the City with an understanding of the cost/rate relationship between fixed and variable costs. In summary, the development of average unit costs will provide "cost of service" based water and sewer rates for all classes of service for the City. Expected City Staff Support for this Task: For this task, the City will be expected to: • Attend a half -day project meeting to review the findings and results of the cost of service analyses for each utility. • Provide any "as needed" data refinements or additional data needs as determined during the process of developing the cost of service analysis Deliverables as a Result of Task 5— Cost of Service Analysis. From the work accomplished above, the deliverables for this task will be as follows: ■ Review of the current customer classes of service for the water and sewer utilities and determine any revisions for cost allocation purposes. 21 APPENDIX A DETAILED SCOPE OF SERVICE • A "fair and equitable" allocation of the revenue requirements to the various classes of service for the City's water and sewer systems, that reflects the current agreements between the City and its customers. • A summary of the average unit costs (cost -based rates) for the various customer classes of service for the water and sewer utilities. Task 6 —Rate Design Analysis Task Objective: Utilize the cost information developed as a part of the previous tasks and develop water and sewer rate design options for possible adoption by the City. Review any alternative rate designs that meet the City's rate design goals and objectives (e.g. conservation, revenue stability, etc.). A starting point for the water and sewer rate design process is understanding the rate design goals and objectives the City is striving for in this study. These objectives may include ease of administration, simplicity, revenue stability, efficient use, etc. Understanding the City's rate design objectives will assist HDR in the development of any needed water and sewer rate design alternatives. In designing the water and sewer rate options for the City, the cost of service information and average unit cost information for each utility will be utilized as a starting point. As a part of this task, the City's present rate designs for each utility will be reviewed to ensure that they conform to contemporary rate -setting goals and objectives. HDR will review the rate objectives of the City and provide rate alternatives for each utility that are designed to meet those objectives. For each rate design developed, a bill comparison and graph will be provided that shows a comparison between the present bill and the proposed bill at various levels of usage. Bill comparisons are useful in assessing the potential impacts to a wide variety of customers. A comparison of neighboring water and sewer utilities will also be provided for the proposed rate designs. Expected City Staff Support for this Task: For this task, the City will be expected to: • Discuss with HDR the City's rate design goals and objectives • Review rate design alternatives for appropriateness Deliverables as a Result of Task 6 — Rate Design Analysis. From the work accomplished above, the deliverables for this task will be as follows: • Review of the City's current water and sewer rates and development of various rate design alternatives. • Bill comparisons and graphs for the rate design alternatives developed. Task 7 —Work Papers and Written Report of Findings and Recommendations 22 APPENDIX A DETAILED SCOPE OF SERVICE Task Objective: Provide a written report to summarize the findings, conclusions, and recommendations of the water and sewer rate study. In addition, provide a copy of all workpapers associated with the project to aid in future updating of the study by City staff Upon completion of the rate analysis, HDR will develop a draft written report of the rate study. Given the financial issues associated with the sewer utility, it is proposed that two separate and distinct reports be developed for the water and sewer rate study. This will allow the City to discuss with outside parties the findings and results of the sewer rate study, without any confusion concerning the water rate study assumptions, findings and conclusions. The written reports are intended to be comprehensive in nature and document all of the activities undertaken as a part of the project, along with our findings, conclusions and recommendations. Within all of our reports, HDR provides technical appendices of all the technical analyses undertaken. HDR will provide three (3) copies of the draft final reports to the City for their review and comment. Any comments, suggestions or corrections from the City concerning the draft final reports will be incorporated into the final reports. Ten (10) copies of each of the final reports will be provided to the City. Additionally, complete documentation of all workpapers used in the preparation of the utility rate study will be provided to the City. This should facilitate subsequent updating by City staff with limited input from outside consultants. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Review and comment on the draft written reports Deliverables as a Result of Task 7— Work papers and Report Documentation. From the work accomplished above, the deliverables for this task will be as follows: • A draft and final written report for the water and sewer rate studies (separate reports) • A copy of all workpapers used in the preparation of the study Task 8—Meetings/Workshops/Public Presentations Task Objective: Provide effective public presentations of the findings, results and recommendations of the study. The overall quality and value of a rate study is often measured by the quality of the public presentation process. In addition, the ability of the consultant to present this technical material in a manner that is easily understandable to the City Council and public is paramount. HDR excels in this aspect of the study. HDR would suggest up to three meetings with the Fayetteville Water and Sewer Committee. The first meeting would be at the start of the project and be in coordination with the initial project meeting. This meeting will provide to HDR any issues or concerns the Committee may have going into the study. The second meeting would review the findings of the revenue requirement and cost service analysis. The third meeting with the Committee would present the proposed water and sewer rate designs. 23 APPENDIX A DETAILED SCOPE OF SERVICE It is also assumed that a public meeting would be provided to review the findings, conclusions and recommendations of the study to the City Council. This public meeting would be after the meetings with the Water and Sewer Committee. These four (4) meetings will provide the City with the flexibility it may need to present this study to the City Council and customers. HDR will work with the City to determine the content, timing and overall schedule of the meetings. Should additional public meetings/presentations be required, they will be provided on a time and material basis. In addition to the above public meetings, the City may need to present the findings, conclusions and recommendations of this study to the outside financial community and/or State Agencies. It has been assumed that two meetings will be required to conduct these meetings. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Review and comment on any proposed handouts for public meetings Deliverables as a Result of Task 8 — Meetings/Workshops/Public Presentations. From the work accomplished above, the deliverables for this task will be as follows: • Up to three (4) workshops/public presentations with the City's Water and Sewer Commission and City Council during the rate study process to gain policy direction and present the results to the public. • Up to two (2) meetings/presentations with the outside financial community and/or State Agencies to present the findings, conclusions and recommendations of the study. Task 9 —Computer Models Task Objective: Provide a copy of all models developed as a part of this study. The financial/rate model developed for the City will be provided at the end of the study. The model will be developed using the spreadsheet program of the City's choice (e.g. Excel, etc.). As the model is developed, HDR will work closely with City staff to attempt to provide a model that is easy to use and understand. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Select the City's preferred spreadsheet program Deliverables as a Result of Task 9 — Computer Models. From the work accomplished above, the deliverables for this task will be as follows: ■ A copy of the computer spreadsheet model used to develop the City's study. Task 10 —On -Going "As Needed" Support Task Objective: Provide on -going "as needed" support to finalize any discussions and negotiations between the City and their outside City and wholesale customers. 24 APPENDIX A DETAILED SCOPE OF SERVICE The City is currently working with the City of Farmington to finalize agreement on the methodology that will be used to establish the sewer rates for Farmington. The management team for Fayetteville requires technical support to complete those negotiations. Any work conducted in this task will be provided on a time and materials basis and is not considered a part of the "basic" services required to conduct the comprehensive water and sewer rate study. All work conducted under this task will be at the direction of the City management team. Expected City Staff Support for this Task: For this task, the City will be expected to: ■ Provide direction on the requested support Deliverables as a Result of Task 10 — On -Going "As Needed" Support From the work accomplished above, the deliverables for this task will be as follows: ■ Technical analysis to support the City's negotiations with Farmington This concludes the discussion of the proposed scope of work for the City. This scope of work has been developed based upon our limited understanding of the City's goals and objectives for this study. HDR is willing to modify our approach to meet the City's specific needs. 61 From: Clarice Pearman To: Davis, Steve Date: 5.17.06 11:15AM Subject: HDR/EES Steve, The agreement with HDR/EES is not signed by them. Can you get me a signed agreement? Thanks. Clarice '°NEC°MP"NY,, Transmittal Many Solutionr'"� Attention: Steve Davis Date: 5/22/2006 Job No: 42284 To: Fayetteville Public Works Department RE C EV E 113 W. Mountain Street Fayetteville, AK 72701 MAY 2 4 2006 CiT r MAYOR'S OFFICE Regarding: Agreement We are sending you: ❑ Attached ❑ Under separate cover via _ the following items ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® other Signed Agreement These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review/comment ® Other_ ❑ Forbids due_ ❑ Resubmit _ copies for approval ❑ Submit _ copies for distribution ❑ Return_ corrected pints ❑ Prints returned after loan to us Remarks Please return one signed contract to me. Thanks. Copy to Tom Gould, Project Manager signed Liya Huang -Bradley, Project Controller If enclosures are not as noted, please notify us at once HDR Engineering, Inc. 50010ath Avenue Northeast, Suite 1200 Bellevue, Washington 98004-5549 www.hdnnc.com Telephone (425) 453-1523 (425) 450-6200 Fax (425) 453-7107 4e M1%Lf Page 1 of I :■ From: Clarice Pearman To: Davis, Steve Date: 5.26.06 9:32AM Subject: Res. 90-06 Steve, Attached is a copy of the above resolution passed by City Council, May 16, 2006. I will forward to Budget & Research the blue budget adjustment, a copy of which is attached also. I will also forward to you one of two original agreements via interoffice mail. Thanks. Ciarice CC: Audit; Fell, Barbara HDR .ciI/it. eOoICtA �n, e i2 n �OrIc p/ ./ 1-!l: �I, .n tI 1/j ACOR n CERTIFICATE OF LIABILITY INSURANCE o6/ovzoos osisi120o if PRODUCER LOCKTON COMPANIES, LLC-1 KANSAS CITY 444W. 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960-9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE INSURED 1013472 HDR ENGINEERING, INC. 8404 INDIAN HILLS DRIVE OMAHA NE 68114-4049 INSURER A: ZURICH AMERICAN INS CO - O.P. KS INSURER B: AMERICAN GUARANTEE & LIAB ZURICH INSURER C SENTRY INSURANCE A MUTUAL COMPANY INSURER B CflVPRAr.c£ ATYR TTU/11 CA "n••nt- If 'in,. � �;,:'`,ou"nI;,�WW5_-�", _"__o__IV Icni.un, nh_ I MCI occn Inc la--mnu THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JR TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE DATE MID Y POLICY EXPIRATION DATE MWDD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X I OCCUR X Contractual Liab. GLO3504583 06/01/2007 06/01/2008 EACH OCCURRENCE $ 1000000 FIRE DAMAGE An one fire $ 1,000,000 MED EXP (Any oneperson) $ 10000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ 2000000 B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP35O4584 06/01/2007 06/01/2008 COMBINED SINGLE LIMIT (Eaaccident) $ 2000 000 X BODILY INJURY (Per person) $ XXXXXXX X BODILY INJURY IPer accitlan0 $ XXXXXXX X PROPERTY DAMAGE (Per accident) s XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY. EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC AUTO ONLY: AGG $ XXXXXXX $ XXXXXXX B EXCESS LIABILITY OCCUR CLAIMS MADE O UMBRELLA DEDUCTIBLE FORM RETENTION $ AUC3808400 (EXCLUDES PROF. LIAB) __ 90-14910-01 90-14910-02 06/01/2007 06/01/2008 EACH OCCURRENCE $ 1,000,000 X AGGREGATE S 1,000000 $ XXXXXXX $ XXXXXXX S XXXXXXX C G WORKERS COMPENSATION AND EMPLOYERSLIABILITY 06/01/2007 06/01/2007 06/01/2008 06/01/2008 X WCST 1 OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ ]000000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A OTHER ARCHS & ENGS PROFESSIONAL LIABILITY EOC9260026-00 06/01/2007 06/01/2008 PER CLAIM: $1.000.000. AGG:$I,000.000. DESCRIPTION OF OPERATIONSrLOCATIONSNENICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CLIENT#008365: FAYEITEVILLE COMPREHENSIVE WATER & SEWER RATE STUDY CON0015919. 2647836 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FAYETTEVILLE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR -TO- MAIL 3O ATTN: STEVE DAVIS DAYS WRITTEN 113 WEST MOUNTAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, FAYETTEVILLE, AR 72701 �WFA. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) Forgasaunnn l+Wlelnp thisctic mnbct U,.nwnMr listed In1M'Produce? SMlon.Low end specify to client cods'HDRINpt. aA O CORPORATION 1988