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04-12-2016 CC Rpt A09 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: April 12, 2016 Item No.: A09 Public Hearing: ❑ Discussion Item:cvki ❑ Chino rids Consent Item: ❑ April 5, 2016 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT TO RAFTELIS FINANCIAL CONSULTANTS, INC. FOR WATER COST OF SERVICE AND RATE DESIGN STUDY CONSULTING SERVICES RECOMMENDATION: Authorize execution of a Professional Services Agreement with Raftelis Financial Consultants, Inc., in an amount not-to-exceed $109,605.00, to prepare a Cost of Service and Rate Design Study for Domestic Water and Recycled Water. BACKGROUND/ANALYSIS: In 2011, the City Council approved a 5-year water rate adjustment. The rate resolution incorporated an annual increase in the fixed monthly charges and an increase in the commodity charges based on cost of service by customer type. The City's current water rate structure consists of the following two components: (1) a fixed monthly service charge, which is based on meter size, and (2) a monthly commodity charge, which is based on the amount of water used. The commodity rate structure is a 3-tiered rate for residential user classes in which a higher rate is charged for higher usages, thus providing an economic incentive to conserve water. The usage levels in the tiers are set differently for single and multi-family customers. All other classes have uniform volume rates based on zone. From the time the water rate study was conducted, there have been drastic changes in water conditions, allocations, the cost to purchase water as rates have increased, and statewide regulations, which include the Governor's mandate to reduce water use. Staff is recommending the water rate study to update the current rates for domestic water and provide a separate rate for recycled water. The study will also evaluate the feasibility and impact of allocation based rates. In addition, any new rates will follow the process required for a Proposition 218 election. 123/623 AGENDA DATE: APRIL 5, 2016 PAGE 2 SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT TO RAFTELIS FINANCIAL, INC. FOR WATER COST OF SERVICE AND RATE DESIGN STUDY CONSULTING SERVICES The goals and objectives of the water rate study consist of the following elements: a. Revenue sufficiency b. Fair and equitable rate structure c. Reserves management: Operating, capital, rate stabilization d. Simplicity of administration and understanding e. Conservation f. Long-term planning The study will be done in three phases. The first phase of the study is the feasibility analysis which will include workshops with the Public Works Commission. The results of the analysis will then be used in the rate model development study. The second and third phases will be the rate model development and rate adoption. This will include a rate study process which is part of a comprehensive cost of service study that goes beyond the review of only revenue requirements. The rate design will consider the fair share of total cost for each user class and elevation zones as part of the review of cost of service allocations amongst the different types of customers. The comprehensive cost of service study will review growth issues, water recycling/conservation goals, shift in water demand as the City develops, and evaluation of Capital Improvement project funding levels and sources. The rate study will also incorporate an assessment of reserve funds for operating, capital repair and replacement, and rate stabilization. The Proposition 218 Notice and Public Hearing will be held before any change to customer rates. The agreement includes an option for lot mapping with the water database. There are two optional tasks for the Consultant. The first optional task is to connect the county lot information to the City water accounts in the event allocation based-rate structure is used. The second task will be to review and update the water miscellaneous fees. The prior water rate studies did not update the fees and the actual costs are higher than the existing fees. The initial rate study for the first three phases of work related to updating domestic water fees and recycled water fees will be $87,935. The cost for the first optional task is $9,970 and the second is $11,700. The total for all tasks will be $109,605.00. In January 2016, a Request for Proposal (REP) for these services was prepared and published on the City's website. The City received three responses to the RFP from the following firms: Raftelis Financial Consultants, Inc. Bartle Wells Associates Willdan Financial Services The proposals were evaluated in terms of the approach to the work, qualifications, technical approach, methodology, experience, and references. It is recommended that Raftelis Financial Consultants, Inc. be selected as the most qualified firm based on the consultant's past experience with other public agencies and ability to meet project schedule requirements. Their experienced project team brings extensive economic, regulatory and technical skills to ensure an adequate flow of revenues to meet future operational and capital replacement needs of the water enterprise. 124/623 AGENDA DATE: APRIL 5, 2016 PAGE 3 SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT TO RAFTELIS FINANCIAL, INC. FOR WATER COST OF SERVICE AND RATE DESIGN STUDY CONSULTING SERVICES The City has applied for a grant funding through Santa Ana Watershed Project Authority for funding support and implementation of conservation based rates. REVIEW BY OTHERS: This agenda item has been reviewed by the City Engineer and the Finance Director. FISCAL IMPACT: Funding for the Water Rate Study is included within the 2015-16 fiscal year Water budget. Grant funding has also been requested. CEQA REVIEW: This action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code § 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations § 15000, et seq.) Section 15378 and is therefore exempt from CEQA. It will not result in any direct or indirect physical change in the environment as the primary intent of this action is to appropriately amend existing water rates in order to meet current and future operating expenses. Consequently, the subject activity is statutorily exempt from further CEQA review under California Code of Regulations Title 14, § 15273. Respectfully submitted, Recommended by: I K6nradt Bartlam, City Manager Nadeem Majj' P.E., Public Works Director KB/NM/MW/CY/MH Attachment: Agreement 125/623 AGREEMENT NO. A2016- FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CHINO HILLS AND RAFTELIS FINANCIAL CONSULTANTS, INC. THIS AGREEMENT, made and entered into this 12th day of April, 2016, between the CITY OF CHINO HILLS, a municipal corporation, hereinafter referred to as "City" and Raftelis hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" attached hereto and made a part hereof. Consultant shall submit its work to the City for its review after completing each phase of the project as described in Exhibit A, or when otherwise requested by the City. Consultant shall, at its own cost, make any revisions of its own work as required by the City and re-do, at its own cost, any work which the City finds unsatisfactory due to Consultant's or subcontractor's errors or omissions. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on April 13, 2016. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its -1- 126/623 officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. --2-- 127/623 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof. Total compensation shall not exceed $ 109,605.00. Payments shall be made within thirty (30) days after receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided --3- 128/623 in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be renewed annually, but will terminate on June 30, 2017, unless otherwise extended in advance and in writing by the City Manager. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, -4- 129/623 data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et sea. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. -5- 130/623 Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the City or the study area and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or --6- 131/623 firm(s) and/or partnerships owning property in the City or the study area prior to the completion of the work under this Agreement without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, -7- 132/623 levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the negligent or wrongful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement, If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's sole negligent or willful acts or omissions. 15. INSURANCE. A, Insurance Reauirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or -s-- 133/623 damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI1. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general -9- 134/623 aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of$1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per claim. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no --10- 135/623 special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The -11- 136/623 certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time, (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. NONDISCRIMINATION/NONPREFERENTIAL TREATMENT STATEMENT. In performing this Agreement, the Parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 17. UNAUTHORIZED ALIENS, Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not -12- 137/623 employ unauthorized aliens as defined therein, Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 18. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 19. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Bernardino County Superior Court. 20. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the -13- 138/623 prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder. 23. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City. Attention: City Clerk City of Chino Hills 14000 City Center Drive Chino Hills, California 91709 -14- 139/623 Consultant. Attention: Sanjay Guar Raftelis Financial Consultants, Inc. 445 S. Figueroa Street, Suite 2270 Los Angeles, CA 90071 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 24. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Scope of Work B. Exhibit B: Compensation 25. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. -15- 140/623 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. RAFTELIS FINANCIAL CONSULTANTS CITY OF CHINO HILLS INC. By (4i �. `Pgi v iBro.h 9 4}- Art Bennett Mayor Title \1+cQ.. AI Sat ' ATTEST: By L4-0— `"I'Dt'com Adams Cheryl Baiz City Clerk Title Cn,roura'1 S cYJ&ice u APPROVED AS TO FORM: Mark D. Hensley City Attorney -16- 141/623 EXHIBIT SCOPE (#�F SERVICES PHASE 1: MATER LILIDSEWASEID RATE=UMPIRE G -ASIDENY ANALYSE TASK t1 KICK-OFF MEETING The kick-off meeting provides a solid foundation for the project and serves as a forum In which City staff can provide input on the project approach, work plan, schedule, and priorities. A successful meeting ensures that project participants are In mutual agreement as to the project goals and expectations, RFC will develop a kick- off meeting package that contains the meeting agenda and presentation materials to guide the discussion. In addition,as a part of the kick-off meeting RFC will discuss the evolution of rate structures,identify and work with staff to prioritize pricing objectives, develop a framework for the proposed rate structure, and evaluate the various policy options available for meeting the City's goals and objectives, This workshop serves primarily as a forum through which the City can gain Insight and buy-in for the study. Our clients have appreciated this opportunity to discuss and review such options early In the study process, Rates 101 As a part of this task, RFC will discuss the evolution of various rate structures leading up to the development of the water budget-based rate structure (Fiat Rate, Uniform, Seasonal, Inclining Tier, etc.) and the benefits and challenges associated with each rate structure. RFC will also provide a more detailed understanding of water budgets and the benefits and challenges associated; such an understanding acts as an introductory first step towards evaluating the feasibility of developing and administering such a rate structure; Pricing Objectives As a part of the workshop, RFC will work closely with staff to discuss pricing objectives and policy framework for the study.This mechanism of identifying and ranking pricing objectives serves to promote stakeholder ownership and subsequent buy-In of the final results, The City's Finance team has initially determined that the City's pricing Objectives are that the rates are or help maintain: Legally Defensible Financial Suf€iciency and Stability Conservation and Demand Management Customer Satisfaction It is Important to note that several of these pricing objectives can conflict with each other, especially with conservation rate structures. For example, a rate philosophy focused on Improving revenue stability may conflict with minimizing customer impacts;RFC will discuss the implications so that stakeholders can make Informed decisions, As a result of conducting this type of workshop with numerous other clients, RFC has developed a process that allows workshop participants to review the results of the prioritization process prior to the end of the workshop such that the results can be discussed and revised if so desired. The end product of this workshop will be a matrix prioritizing the City's objectives and ranking alternative rate structures against the pricing objectives, This matrix will ultimately serve as a framework for evaluating alternative utility rate philosophies and structures. Alternative rate structures are then compared based on the pricing objectives and a couple of alternatives investigated in detail for Implementation at the City. This approach allows the project to be efficiently completed through early buy-In. 142/623 Water Budget Framework One objective of the workshop is to establish the conservation rate framework for the study, Ultimately, our goal is to seek Input from the Council regarding the policy options associated with a conservation rate structure, Establishing the framework will include the determination of which customer classes are eligible for water budget-based rate structures and defining indoor and outdoor allocations and how the associated hers will be defined, For example, a sample water budget-based rate structure might Include residential accounts with Tier 1 defined as the indoor allocation,Tier 2 defined as the outdoor allocation, and Tier 3 as a percentage of the total indoor and outdoor allocation, As mentioned previously, water budget allocations for residential customers can be determined using a complex equation that accounts for numerous demographic features, For example, some demographical features considered in determining Indoor water budget allocations might include the following: Average residential density per household Actual residential density per household Average water use per capita per day Drought factor(to account for drought conditions) Days of service in addition, some demographical features that might be considered in determining outdoor water budget allocations might Include the following: Average irrigation area per household Actual irrigation area per household Type of plants Irrigation efficiency Average EvapoTransplration(ED data' Real time ET data* Drought factors RFC will work with the City to Identify the methodologies used to determine water budget allocations and to perform the analysis on the City's customer class demographics as necessary. in addition,the success of a program also depends on the ability to meet the customers'expectations for service, Water budgets are dynamic; both changes in household size for residential customers and new regulations for commercial customers can necessitate adjustments in a customer's water budget, It may be important for the City to have a system in place that allows customers to petition for an increase In their water budget, Variance programs will help to increase the accuracy of both indoor and outdoor water budgets and customer acceptance, as well as to address unique circumstances and exceptions for some customers who genuinely need larger water budgets. Such customers include those with special medical needs, higher densities, or larger Irrigation demands, It Is Important to note that there is a balancing act between the administrative cost associated with the variance program, level of accuracy, and the respect for privacy. RFC will also provide some insightful recommendations regarding the development of variance programs from our previous experience at Alameda County Water District, El Toro Water District, Rancho California Water District,Western Municipal Water District, and the Cities of Huntington Beach and San Clemente. Policy Options As a part of the workshop, RFC will present several policy options and the objectives associated with those options to the City for evaluation. 143/623 • For example,.when considering the methodology used for determining indoor water budget allocations, there are several options to be considered to meet various objectives, each with Its own set of benefits and drawbacks. Using actual residential density In determining indoor allocations, as compared to average residential density provides a greater degree of accuracy and Is a more rigorous approach, but the drawbacks might include a high cost of administration. Going a step further, selecting a higher household density value as opposed to a lower value provides for a more generous budget, which has the benefit of providing a more generous allocation (thus a smaller variance program and lower cost of implementation and administration), at the cost of additional water savings that could be realized with a lower allocation, As another example, when considering the methodology used for determining outdoor water budget allocations, there are different options for estimating landscape, for example; measuring using GIS, using 30 percent of lot size or using varying percentage of lot size by lot size bins. The objectives associated with estimating landscape areas Include low administrative cost, individualized needs, scientific method, and rewarding past outdoor conservation. if administrative cost and rewarding past outdoor conservation are considered the most important, then 30 percent of lot size option could be recommended. Similar exercises will be completed for all the policy options. RFC will work closely with City staff to identify the policy options that meet the Council's buy-in approval, This approach will facilitate informed decision making and ensure early buy-in by stakeholders. Meettn,g(s,)IConference(s) One meeting with City staff Cellverabfe(s):Meeting materials TASK 1.2: MEETING WITH CITY ATTORNEY Following the Kick-Off Meeting, our Project Manager, Sanjay Gaur will remain at Chino Hills in order to meet with the City Attorney and discuss the proceedings in the Kick-Off Meeting and the proposed rate setting options (e.g,, inclining tiers, water budget). Sanjay will also discuss RFC's approach to addressing the legal challenges presented by Proposition 218 and recent legal decisions Including the San Juan Capistrano judgment, Meefing(s)JConference(s).One meeting with City Attorney TASK 2: WORKSHOP WITH PUBLIC WORKS COMMISSION Based on the discussion with City staff during the kick-off meeting, RFC will conduct the Policy and Rate- Setting Framework Workshop with the Public Works Commission, The workshop will begin with a review of the evolution of rate structures and the benefits and challenges associated with each structure, Including uniform rate, seasonal rates, Inclining tiered rates, and water budget rate structures. The goal of this discussion and the Pricing Objectives Overview is for the City to share with RFC its understanding of available rate structures and for RFO to provide the City an overview of ail applicable alternatives according to the City's priorities and currently observed best management practices, Pricing Objectives Overview Once rate structure alternatives and the City's preliminary preferences have been discussed, RFC will present an overview of pricing objectives. Pricing objectives could include, but are not limited to, those listed in the scorecard on the previous page, initial pricing objectives have been listed above beneath Task 1, but they may be subject to change. A list of criteria that the pricing objectives meeting will help the Commission Identify as priorities have been listed below, O Promotion of efficient water use o Reduction in total water use O Affordability for essential use o Need for an effective drought management tool 144/623 o , Financial sufficiency and stability ' 9 Rate stability e Reduction in peak demand ▪ Simplicity and ease of Implementation G Customer understanding R Minimization of customer Impacts RFC will provide the workshop presentation materials and pricing objectives exercise to City staff and the City Manager for distribution to the Commission. Taking the time to cover these foundational topics builds the framework for informed collaboration as the study progresses. Rased on the Commission's ranking of pricing objectives and other input gathered during the preceding workshop, RFC will provide the Commission with the basis for recommending an alternative rate structure, as appropriate. The goal of the workshop is for the Commission to select and provide direction on which rate structure to evaluate in Phase 2 of the study. Meeting(s)/Conference(s):One mooting with Public Works Commission Deliverable(s):Meeting materials TASK 3: BUSINESS CASE ANALYSIS Based on the results of the Kick-Off Meeting and Workshop with Public Works Commission, RFC will determine the cost and feasibility of developing and Implementing a new rate structure, The City has expressed an interest in evaluating the overall benefit of a water budget-based rate structure. The City has also expressed that in order to do so it Is likely necessary to first procure new billing software, RFC will identify the technological opportunities and benefits and costs associated with alternative billing software, as well as the necessary staffing levels and allocation of billing service resources necessary to maintain the proposed water budget based rate structure. Based on the analysis of the City's billing system and service and the input obtained from the Commission regarding the proposed water rate structure, RFC wilt evaluate the resources necessary for successful implementation and administration of the proposed rate structure and provide alternatives, as required. This will include an evaluation of the costs associated with modifying or acquiring new billing system software, an analysis regarding the staffing levels and resources necessary to implement and administer the proposed rate structure, and a reallocation and redistribution of billing service resources to meet the needs of a budget-based billing service. Meeting(s)IConference(s):One conference call with the City's Billing Department Dellverabie(s):None TASK 4: SECOND PUBLIC WORKS COMMISSION WORKSHOP After evaluating the results from the pricing objectives exercise from Task 2 and determining the costs of developing a new rate structure, RFC will meet with the Public Works Commission to discuss which rate structure best meets the City's objectives. During this task, RFC will help the City determine whether to keep the current inclining tier rate structure and develop new rates orto adopt a new water budget-based rate structure. As a part of this task, RFC will seek approval for proceeding to the second phase of the study. Meeting(s)/Conference(s); One meeting with Public Works Commission Dellverable(s):Business Case Analysis materials, meeting materials 145/623 TASK 6: SUMMARY OF RESULTS TO CITY COUNCIL After both meetings with the Public Works Commission, RFC will meet with City Council to present the results of both meetings. The recommendations of the Public Works Commission will be presented to the Council, as will the materials from the previous meetings with input from the Commission and City Staff taken into consideration. Meeting(s)/Conference(s); One meeting with City Council Deliverable*Business Case Analysis materials, Workshop materials PHASE 2: MODEL DEVELOPMENT l YSE TASK 6: RATE STUDY ANALYSIS Task 6.1: Water Budget Rate Model Development Ef the Council opts to change the City's rates to water budget rates, then RFC will develop a Water Budget Rate Model that will calculate revenue and customer Impacts and conduct sensitivity analyses. This model will be informed by the water budget framework developed in Task 4. This task also Includes the integration of parcel data from GIS (if available) and consumption data from billing system for single-family residential customers. The Water Budget Rate Model will have the following features; Allocation for Water Budget:The ability to evaluate different policy options associated with defining Indoor and outdoor use efficiency such as landscape area and weather. Rate Calculations and Customer Impact Analyses:The model will determine the revenues recovered In each tier and the associated price for each tier. In addition,the model will be able to easily update tiered rates, based on the future revenue requirements. For instance, rates could be updated and the associated new rates calculated. Customer impact analysis will also be conducted. Inclining Tier Water Rate Model Development Additionally, RFC will develop a Water Rate Model that will calculate revenue and customer impacts and conduct sensitivity analyses based an the revised rates. These rates will be presented as a point of comparison against the Water Budget derived rates. This model's rates will be based on the results of the framework developed in Task 4. Meeting(s)/Conference(s): Three conference calls with City staff as needed Deliverable(s); Water Budget/Inclining Tiers Rate Mode! Task 6.2: Recycled Water Rate Development The city currently charges a recycled water rate that Is 70% of potable water rates. The City would like RFC to conduct a rate study to determine the costs associated with providing recycled water services and propose a uniform rate structure. RFC will evaluate the costs associated with acquisition and delivery of recycled water • and formulate a new uniform rate structure for the City. Meefing(s)/Conference(s):Three(3)conference calls with City staff as needed. Deliverabie(s):Water Budget or redeveloped Inclining tiers model. Recycled Water Rate Model TASK 7: FINANCIAL MODEL UPDATE Task 7.1 Update Existing Financial Model 146/623 In addition, IFC will update the prior Financial Model to determine the revenue needs for the next five years. RFC will update the model with financial and capital information. With the Financial Model updated, RFC will hold two webinars to determine the revenue increase needed for the next five years. Changes and suggestions from staff will be incorporated into the Financial Plan. Meefing(s)/Conference(s): Two conference calls with City staff Deliverable(s):Updated Financial Model TASK 8: RATE WORKSHOPS Task 8,1 Rate Design Workshop with Staff Following the completion of the Financial Plan and Water Model, RFC will hold up to two webinars with City staff to develop different rate scenarios, The goal of these conference calls Is to identify the water rates that will be presented at the rate workshop with the City's Council. RFC will conduct a half-day Rate Workshop with City staff/management, RFC will present the interim proposed rates and discuss the benefits and challenges associated with each proposed rate alternative, demonstrated through the Water Rate Model. Changes and suggestions from staff will be incorporated into the analyses prior to presenting the results to the Public Works Commission and then to the Council, Task 8.2 Public Works Commission Workshops After taking in suggestions from City Staff in Task 8.1, RFC will hold two workshops with the Public Works Commission to propose the Interim rates determined by the previous meeting, if necessary, this will be an Iterative process, and RFC will come back after taking into consideration the Input from the Commission in the first workshop, Task 8.3 Rate Design Workshop with Council Our Project Manager, Sanjay Caur, will present the results of the study to City Council prior to providing public notification of the proposed water rates, The presentation will highlight the collaborative process used to identify and prioritize the Important Issues facing the City, The proposed rates and miscellaneous fees will be presented along with other recommendations resulting from the study. Mee#Incg(s)fConference(s):Up to two wobiners with City staff to review rate scenarios, one workshop with City staff; up to two workshops with Public Works Commission, one workshop with City Council Deliverable(s):Presentation materials PHASE 3: RAM At>o1 Tl®a TASK 9: FINAL REPORT PREPARATION Task 9A: Report Preparation The process for developing the proposed rates will be described In a draft report. This draft report will include an executive summary highlighting the major Issues and decisions and an overview of operations, CIP,the financial plan, and the final rates resulting from the study. The'discussion on rate structure selection from the report developed In Phase 1 will be presented as a compre'henslve section on the rate design assumptions and methodologies used to develop the user-rate oaloulationS and financial planning. Comments from City staff will be incorporated into the report as appropriate, and the model will be refined to reflect appropriate Issues or concerns raised by stakeholders. The report will be submitted to the City and will Include appropriate supporting data from the model to address the requirements of Proposition 218. c Meetings(s)/Conference(s): Up to three conference calls with City staff • 147/623 Dellverable(s)r Draft and final reports TASK 10. PROPOSITION 218 NOTICE AND PUBLIC HEARING RFC will assist the City with developing a Proposition 218 notice for mailIng within the required 46-day noticing period prior to holding the Public Hearing. The notice will outline the proposed rate changes and explain the right to challenge the rates, and will meet and comply with all noticing requirements of Proposition 218. RFC will be available to the City for guidance on preparing for the public outreach process. RFC will prepare the presentation materials and handouts summarizing the methodologies and assumptions used in the study, key findings and results of the study, along with the proposed rates. Finally, RFC will present at the Public Hearing to adopt the recommended rates and will be available to answer any questions. IVleefing(s)/Conference(s): Up to two conference calls with city staff and one on-site Public Hearing L ellverabie(s):Proposition 218 notice, presentation materials for Public Hearing OPTIONAL TASKS Connect Lots with APN and Landscape Info Based on discussion with Staff, the City has the ability to match APN parcel size info with water use account information. This match / merger of database is required to develop the landscape area for water budget analysis. if needed, RFC has the capability to do this service. RFC will match APN and water account use for Single Family based on address. RFC will try to attain an 80%match rate. Update Miscellaneous Fees RFC will review the City's miscellaneous fees methodology and calculations. RFC will provide input on the methodology i calculation and assist the City on which fees can have penalty rates. After City Staff have finalized the miscellaneous fees, RFC will document the process of calculating the fees to create an administrative record, Lastly, RFC will present the updated Miscellaneous Fees to the City Council along with the updated Water Rates, 148/623 EXHIBIT COIVIPENSATION BUDGET!CO8T RFC proposes to complete the scope of work outlined below on a time-and-materials basis as shown below, The following table provides a breakdown of the estimated level of effort required for completing each task described and the hourly billing rates for the personnel scheduled to complete the project. 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Y• r�f TATALES�f�tS�EOM,��Tj�G��jJfOtll��,��� - �� 3�� �13 � X13�� �5� �'299� � `y�-,� -93 �" ` `rz ,` P _�' 1 5b1$2 414 $. $5 375 U•i 37� t F T� a - _ , -Total!ees $6131( fl` a Tab!Ex ilsesf 4168 --T.19;"68 riEifst°S$6113 $�i168s 65j5.48 mac■ �. ` � 1 �t 149/623 Project'Manager(OM):Sanjay Gaur(Vice President) Lead Analyst(LAY!Habib Isaac or Steve Gagnon (Senior Consultant) Staff Consultant(SC):Various Consultants Technical Reviewer:Sudhir Pardiwala(Executive Vice President) Optional Task:Connect Lots with APN and Landscape Info - SuL z NO i512 I aurs¢cttu1rcntcntg T , Tatal Total 4 Total Fccs-& Tasti Desglptj4 Task 3 Me:04S t :. Fees xp0059 Expenses ,' . Y ------- tl LA --:1Yr TR Tidortln, atal -. � . _ + -: x215 $195 $225L '$305 $5 2 1t1�;�Cvn`eClat t hAPa�n�l$nds BEnfo . . �.� . ;: � h!lo44 ; Lam�g � 2 ;� 9550.ci ��70 �a;�!9YO:Gx ;; , a' s •$`i 50 ..71,00:- `— tT$tolri. eggs v$D :$4220, __z. i27,f1 ' -TOT• &0 ;T� 3 9,-550 MSA T Director of Technology(DT):Chris McPhee Optional Tasks.User Pee Review and Report Development Sub aloof Ifoiir5Rc4tUEFenLents 3 Tatal Toni otalFeas& = z : Ta$15. •.aI Danns Task Maotlnps ' cosFxpenscs Fxpensas'- ... = _. _ At of n ata( z r ?rs r - �` uoua RATES--c ,;$195 .170 305 x$75 I.'{.� #.-J1Qi \O.fititiee¢ ' ,'.t iii ,,�R�'r��i.`.ti�=. s,:`s. w:•_i6•' ;t,_}-? af. u..-ii•- � •$3152_Q..xsr$204r.:``` 02 ."xgt-FT. { f 0lo 1Iant r=.W 2* sr -^ '� =r Ft =L�:r}�v ar ,- �- 1 ''-ri y3 s i t f_4 p 11i !.. . f—= r�. s v-.A40 ''-tea_ �1 , - =:-_s I 114 ri1IEFTt G bliouRS 0,-7 2 ;x10 ;adt( 0s. Q .S,G t `- L2` f --L- 4-4.2z-fat- 'i}§.'4:tiliiiiIVM ��x 3134ti WON»T,�Ot•Q3 - �4 � : 4 —ice , a dal 11,120r._`5'$0 11 120 iitangAL): italgi :$O'20:W,580Ar$ tit . 150/623 SCHEDULE RISC will complete the scope of services within the timeframe shown in the schedule below. The proposed schedule assumes a notice-to-proceed by mid-April 2016 and that RFC will receive the needed data in a timely manner and be able to schedule meetings as necessary. Project completion is estimated for end of November 2016 or early December 2016.The Proposition 216 process is projected to be completed by March of 2017,with the target date far rate Implementation set for July of 2017[ 7 aS 7'.: r h94Y JD4 - lUi _ (AUG SEP w - 6C7 ...s `. H0Y :.1LIA=.� .Lt l`"` .t sx_:y`s%' „a'.qtr�.`i �:}i�3 ,^t!:'..,.y i:?.^t:•S .:s'-�_., t �• .•.x,.. .s is'i. .x - :ti Yom.• _ az._ .`.,5 �.;,. ;: .• :%: •. . 1 ;•.t; 41i 1!! 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