HomeMy WebLinkAboutItem 11e - Water and Sewer Cost of Service Study
DATE: July 16, 2024
TO: Honorable Mayor and City Council
FROM: Paul Cranmer, Public Works Services Director
By: Janessa Kalanjian, Management Analyst
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH RAFTELIS FINANCIAL
CONSULTANTS, INC. FOR THE WATER AND SEWER COST OF
SERVICE STUDY IN THE AMOUNT OF $89,977
CEQA: Not a Project
Recommendation: Approve
SUMMARY
The Fiscal Year 2024-25 Capital Improvement Program includes the Water and Sewer
Cost of Service Study (“Cost Study”). The primary objective of the Cost Study is to
develop and establish a rate structure for water and sewer service that would ensure
financial stability to meet ongoing operational costs, capital improvement costs, and costs
of purchasing imported water. The Cost Study will ensure that the City’s water and sewer
rates are fair and equitable among customers, while also compliant with regulatory
requirements. The Cost Study will recommend a new five-year water and sewer rate
adjustment for Fiscal Years 2025-26 through 2029-30. To make sure that the City is
receiving the highest quality of service and most competitive pricing for the Cost Study,
the Public Works Services Department (“PWSD”) solicited a formal Request for Proposals
(“RFP”).
Based on the evaluated proposals, it is recommended that the City Council authorize and
direct the City Manager to execute a Professional Services Agreement with Raftelis
Financial Consultants, Inc. for the Water and Sewer Cost of Service Study in the amount
of $89,977, and approve a 10% contingency.
BACKGROUND
The City provides water and sewer service to more than 56,000 residents. Utility rates
fund the operations, maintenance, and capital improvements of the water and sanitary
sewer systems to provide quality services to Arcadia residents and businesses.
Comprehensive water and sewer rate studies are necessary to determine if water and
sewer rate increases are needed to fund ongoing operations and maintenance budgets,
and the Capital Improvement Program. Additionally, rate studies are also needed to
Professional Services Agreement
Water & Sewer Cost of Service Study
July 16, 2024
Page 2 of 4
maintain an adequate Reserve Fund balance in case of a natural disaster or emergency.
Comprehensive water and sewer cost of service studies not only develop rate schedules
that ensure the City can continue to fund all operating and maintenance costs, but also
verify that any costs associated with these utilities are defensible and comply with
Proposition 218 requirements.
In February 2014, the City Council awarded a Professional Services Agreement (“PSA”)
to Carollo Engineers (“Carollo”) for the preparation of the Water and Sewer Cost of
Service Study. The PSA also included the development of a financial model that would
determine how best to recover projected ongoing operational costs, capital improvements
to water and sewer infrastructure, and costs for imported water over a five-year period.
The PWSD and Carollo gathered and analyzed data on the City’s water and sanitary
sewer operations, and established a seasonal tiered water rate structure that would meet
the City’s primary objectives of providing revenue stability, while encouraging water use
efficiency. In January 2016, the City Council adopted a seasonal tiered water rate
structure and approved a five-year water and sewer rate adjustment schedule for
calendar years 2016 through 2020, based on the study.
In July 2019, the City Council approved a PSA with Carollo to complete an update to the
2015 Cost Study and to recommend a new five-year water and sewer rate adjustment
schedule. Based on the Cost Study Update, the City Council adopted a five-year water
and sewer rate adjustment schedule for the calendar years 2021 through 2025. The
PWSD annually reviews water and sewer operating budgets, revenues, expenditures,
and reserve fund balances to determine whether the approved water and sewer maximum
rate adjustments are necessary. The final rate adjustment will go to City Council in
November 2024 to be effective for the 2025 calendar year. The City of Arcadia’s water
and sewer rates continue to be among the lowest in the area and have remained so even
with previously approved rate adjustments; however, the City’s water and sewer reserves
have been reduced significantly in the past five years as costs have outpaced the adopted
revenue structures. Specifically, the cost of replacement water has risen and water
replenishment surcharges were adopted regionally that were not originally anticipated.
This will need to be addressed in future rate structures.
DISCUSSION
Due to changes in water use trends, increases in costs to purchase water, and increases
in capital improvement costs, a new Cost Study is necessary to ensure that future utility
rates sufficiently cover operational expenditures. A Notice Inviting Proposals was
published in accordance with City Council Resolution No. 7483, and Request for Proposal
packages were provided to several firms that provide cost of service studies. On June 11,
2024, the City Clerk received two proposals. The proposals received were evaluated
based on experience, qualifications, clarity on Arcadia’s needs, proposed approach, and
cost. The results of the evaluation with each company’s ranking and proposed cost are
as follows:
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Water & Sewer Cost of Service Study
July 16, 2024
Page 3 of 4
RANK COMPANY LOCATION COST
1. Raftelis Financial Consultants, Inc. Los Angeles, CA $ 89,977
2. Bartle Wells Associates Berkley, CA $ 107,120
Staff contacted firms that received the RFP to find out why they did not submit a proposal.
The responses indicated that firms did not have the ability to complete the City’s Cost
Study at this time due to staff constraints.
After careful review and consideration of each proposal, it was determined that Raftelis
Financial Consultants, Inc. (“Raftelis”) is the most qualified consultant to provide the Cost
Study. Raftelis has demonstrated extensive experience in providing cost studies to local
agencies such as the Cities of Pasadena, South Pasadena, El Monte, and the Valley
County Water District. Additionally, Raftelis has extensive knowledge of Proposition 218
requirements, which is essential to providing a detailed and defensible Water and Sewer
Rate framework. Raftelis will provide the City with a comprehensive Water and Sewer
Rate Study that creates a financial plan that ensures sufficient revenues to meet operating
and capital expenditures, and provides adequate financial sustainability.
City staff will work with Raftelis to develop a rate structure that best serves Arcadia’s
water and sewer customers, while also providing Arcadia with the revenue necessary to
continue funding water and sewer operations. The water and sewer rates that are
developed will comply with all applicable laws and regulations. In addition to creating a
five-year water and sewer rate structure that meets the City’s requirements and are
equitable for the City’s various customer classes, Raftelis will provide the City with a user-
friendly financial model that will show how changes to Operating and Capital Improvement
Program Budgets will impact rates and revenues.
City staff will present the Cost Study findings and the proposed water and sewer rates to
the City Council during a study session, before taking the rates to a City Council Meeting.
At which time, the City Council will authorize staff to continue with the Proposition 218
process. These actions will likely occur in the 2025 calendar year, well before any new
rates would go into effect.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment.
Professional Services Agreement
Water & Sewer Cost of Service Study
July 16, 2024
Page 4 of 4
FISCAL IMPACT
Sufficient funds have been budgeted in the Fiscal Year 2024-25 Capital Improvement
Program for the Cost Study, with the cost shared by both Water and Sewer Funds. All
work performed will be on a time and materials basis and the consultant will only be paid
for work performed up to a not-to-exceed amount of $89,977, plus a 10% contingency.
RECOMMENDATION
It is recommended the City Council determine that this action does not constitute a project
under the California Environmental Quality Act (“CEQA”); and authorize and direct the
City Manager to execute a Professional Services Agreement with Raftelis Financial
Consultants, Inc. for the Water and Sewer Cost of Service Study in the amount of $89,977
and approve a 10% contingency.
Attachment: Proposed Professional Services Agreement
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
WATER AND SEWER RATE STUDY
This Agreement is made and entered into as of ________________, 2024 by and between
the City of Arcadia, a municipal corporation organized and operating under the laws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia, California
91066 (“City”), and Raftelis Financial Consultant, Inc., a California Corporation, with its
principal place of business at 445 S. Figueroa Street, Suite 1925, Los Angeles, CA 90071
(hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred
to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project: Water and Sewer Rate Study (hereinafter referred to as “the
Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of Eighty-Nine Thousand, Nine Hundred Seventy-
Seven Dollars and No Cents ($89,977.00). This amount is to cover all printing and related costs,
and the City will not pay any additional fees for printing expenses. Periodic payments shall be
made within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
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the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term.
The term of this Agreement shall be for one year from the date of execution, unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Project. Consultant shall perform its services
in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The
Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions,
as of the time and at the location the services are provided. In providing the services hereunder,
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Consultant may rely on all data and information provided by or on behalf of the City without
additional investigation.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
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(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
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maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
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Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. Consultant shall indemnify and hold the City, its officials, officers,
employees and volunteers free and harmless from all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, to the extent caused by the negligent acts, errors or omissions, or willful
misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents
in the performance of the Consultant’s services, the Project or this Agreement, including without
limitation the payment of all actual and out-of-pocket damages and attorney’s fees incurred by
City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims
to the extent caused by the negligence, recklessness, or willful misconduct of the Consultant, but
shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold
harmless arise out of Consultant’s performance of “design professional services” (as that term is
defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that
liability under a claim is caused by the comparative active negligence or willful misconduct of the
City, Consultant’s obligations shall be reduced in proportion to the established comparative
liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
c. In no event shall Consultant have any obligation to indemnity City or any
other indemnified person against liability for claims by a third party for failure to comply with its
obligations under Article XIII D of the California Constitution (Proposition 218).
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
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(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such
services must be registered with the Department of Industrial Relations. Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. City Material Requirements.
Consultant is hereby made aware of the City’s requirements regarding materials, as set
forth in Request for Proposal #PWS 06-11-2024, which are deemed to be a part of this
Agreement.
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16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Los Angeles, State of California.
17. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, written reports, Drawings and Specifications and other documents, produced or developed
for the Project, in each case to the extent identified as a deliverable in the Scope of Services
attached hereto as Exhibit “A” shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City. Nothing in this Agreement shall
be deemed or construed as a waiver, release, transfer, assignment or divestiture by Consultant
of any of its intellectual property, know-how or trade secrets.
19. Organization
Consultant shall assign John Wright, CPA, as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
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CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Paul Cranmer, Public Works Services
Director
CONSULTANT:
Raftelis Financial Consultant, Inc.
445 S. Figueroa Street, Suite 1925
Los Angeles, CA 90071
Attn: John Wright, CPA, Project Manager
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
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27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND RAFTELIS FINANCIAL CONSULTANT, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA RAFTELIS FINANCIAL CONSULTANT, INC.
By: By:
Dominic Lazzaretto
City Manager Title:
Printed Name:
ATTEST: By:
Title:
By:
City Clerk Printed Name:
APPROVED AS TO FORM: CONCUR:
By: ___________________________________
Michael J. Maurer Paul Cranmer
City Attorney Public Works Services Director
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EXHIBIT A
Scope of Services
The Scope of Services for the Water and Sewer Rate Study, in response to the RFP No. PWS-
06-11-2024, shall include but not limited to the following and is incorporated into this Agreement
herewith:
Scope of Services
Consultant shall analyze the current rate structure, utility operations, and capital needs and
provide recommendations on a rate structure. In addition, the firm/consultant will provide a rate
modeling program with a dashboard to be used by City staff for subsequent years.
The following criteria shall apply to each of the rate studies:
• Evaluate the existing rate structure for conformance with existing statutory regulations
and make recommendations for any changes that are necessary to achieve compliance.
• Evaluate current and future cost of providing services in conformance with established or
anticipated changes to standards and regulations.
• Develop an understanding of the existing rate structures and the assumptions underlying
cost distribution of the various categories.
• Quantify the expected impacts that will occur with implementation of the City’s capital
improvement plans and master plans.
• Provide justifications for the recommended rate structures.
• Demonstrate that the costs from any proposed rate structures are equitable and
defensible.
• Recommend rate structures that will be planned for at least five years and that will
provide a predictable and stable revenue stream.
• Develop a rate modeling program that can forecast rates up to 30 years based on
expected cost increases over time including increases in the cost of water. The modeling
program should have the ability to run capital improvement project scenarios and quickly
show the impact on rates.
• Reserve analysis must be a part of the model.
• The model must have a user-friendly dashboard with interactive graphics that
automatically produces a suite of reports and graphs as inputs are changed.
• Provide training to staff in running scenarios that will allow staff to fully understand how
the model operates and how results of various future recommendations may be
proposed and illustrated.
In addition to the items described above, the following criteria will apply for the study of water and
sewer rates:
Study of Water Rates
• Assess the interaction between the water conservation elements of the recommended
rates and their impacts on the ability to fund water operations, as well as their impact on
the economic well-being of the community.
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• Evaluate how drought conditions would impact water sales, water costs and overall
revenue stream and recommend a drought impact fee structure or surcharge in order to
continue to fund water operations and capital projects during times of reducing water sales
and potential increased water costs.
• Assess the impact on a rate structure due to drought, loss of supply, or other water
shortage factors.
• Evaluate revenue and cash flow under drought scenarios.
Study of Sewer Rates
• Assess the interaction between the water conservation elements of the recommended
rates and their impacts on the ability to fund sewer operations, as well as their impact on
the economic well-being of the community.
• Assess the impacts from ADUs.
The City shall consider additional recommendations from the consultant.
The scope of services shall consist of working directly with City staff to establish a potential
schedule of water and sewer rates that will fulfill the above-mentioned objectives. The proposed
rate structures shall be based on the full cost of service and shall be sufficient to meet the short
and long-term revenue requirements to maintain the water and sewer systems.
Proposed Water and Sewer Rate Study shall consider the following:
• Current and projected water demands and sewer connections.
• Current and future costs of purchasing water.
• Fixed and variable costs of providing water and sewer services in accordance with
current and foreseeable standards and regulations.
• Supply availability (seasonal and long-term availability).
• Ability of rates to fully fund operations and maintenance costs plus capital
improvements and equipment replacements.
• Review reserve policies and set rates to adequately fund reserves to react to
catastrophic events.
• Recommendations to modify the rate structures in response to changing costs,
customer demand patterns, and new regulations.
PROJECT ELEMENTS
The reports for the proposed water and sewer rate structures for residential single-family and
multi-family customers shall include the following:
1. An assessment of the current rate structure for comparing recommended changes;
and
2. An assessment of the equity of the proposed rates for all types of property ownership
and/or customer classes; and
3. An assessment of the interaction between the proposed rate structure and water
conservation and the impact on funding and the economic well-being of the
community; and
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4. A comprehensive summary of the proposed water and sewer rate structures and an
assessment of the performance of the recommended structures against the current
rate structure; and
5. Development of a rate calculation worksheet to be used to calculate future rates.
SERVICES TO BE PROVIDED BY THE CONSULTANT
• Conduct a review of the existing water and sewer rates and status of the overall water
and sewer funds.
• Identify all necessary records, data, and statistics to be supplied by the City of Arcadia.
• Meet with City staff as needed and attend evening meetings with the City Council (study
sessions, and/or public hearings) to present and discuss results of the Project.
• Conduct analysis as described in the scope of services.
• Provide water demand analysis and review of current tiered methodologies for appropriate
customer classes and seasonal tiered rate structures for Single-Family, Multi-Family, and
Non-Residential classifications.
• Provide a preliminary report containing sufficient background and explanation of the
project goals and elements, the proposed rate structures, and an electronic rate model
which can be used by the City to calculate future water and sewer rates. The electronic
model should be easy to use for future rate setting.
• Provide a final report incorporating changes and recommendations of the preliminary
report in a form sufficient to be used by the Public Works Services Director for
presentation to the City Council.
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
Compensation shall be based on time and materials spent in accordance with the following tasks,
not to exceed the total compensation listed below:
The schedule of prices is attached as attachment “A” to this Exhibit “B”.
Water and Sewer Rate Study - $89,977.00
Total Compensation - $89,977.00
The total compensation shall not exceed the total listed without written authorization in
accordance with Section 2 (b) of the agreement. The project timeline is attached as attachment
“B” to this Exhibit “B”.
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EXHIBIT C
Activity Schedule
All work shall be completed in accordance with the following schedule:
The term of this Agreement shall be for one (1) year from the date of execution. All tasks under
Exhibit “A” shall be adhered to and executed accordingly.