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HomeMy WebLinkAboutResolution - 2022-R0026 - Amendment No. 5 to Agreement with TMG Utility Advisory ServicesResolution No. 2022-R0026 Item No. 7.36 January 11, 2022 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, by Professional Services Agreement dated effective June 14, 2018 (the "Original Agreement'), the City of Lubbock, acting by and through Lubbock Power & Light, through action by the Electric Utility Board and the City Council, contracted with TMG Utility Advisory Services, Inc. ("TMG"), to perform professional consulting services related to implementation of various systems for LP&L, as more particularly described in the Original Agreement; WHEREAS, by First Amendment to Professional Services Agreement dated August 20, 2019, Resolution EUB 2019-R0054, and City Council Resolution No. 2019-RO320 ("First Amendment'), LP&L and TMG agreed to amend the Original Agreement as regards certain matters relating to the TMG Utility Forum; WHEREAS, by Second Amendment to Professional Services Agreement dated May 19, 2020, Resolution EUB 2020-110083, and City Council Resolution No. 2020-RO186 ("Second Amendment'), LP&L and TMG agreed to extend the term and increased the not -to -exceed amount of the Original Agreement, as amended; WHEREAS, by Third Amendment to Professional Services Agreement dated January 19, 2021, Resolution EUB 2021-R0008 and City Council Resolution No. 2021-R0036 ("Third Amendment'), LP&L and TMG agreed to provide for additional support hours necessary to complete the Services and increased the not -to -exceed amount provided for in the Original Agreement, as amended; WHEREAS, by Fourth Amendment to Professional Services Agreement dated April 20, 2021, Resolution EUB 2021-R00030 and City Council Resolution No. 2021-RO160 ("Fourth Amendment'), the Original Agreement was amended to provide for additional support hours to complete the Services, extend the term, and adjust the compensation paid to TMG for such additional work; WHEREAS, the Original Agreement, as amended, is in need of further amendment to provide for additional hours for additional work to complete the Services, extend the term, and modify the not -to -exceed amount provided in the Original Agreement, as amended; WHEREAS, LP&L desires to further amend the Original Agreement, as amended, to provide for such matters; and WHEREAS, the City Council of the City of Lubbock desires to authorize the execution of the Fifth Amendment to TMG Advisory Services Professional Services Agreement by the Mayor of the City of Lubbock. NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, that certain Fifth Amendment to Professional Services Agreement, by and between LP&L and TMG Utility Advisory Services, Inc., as attached hereto and incorporated herein as though set forth fully herein in detail, and any documents related thereto. Passed by the City Council this I I' day of January, 2022. DANIEL M. POPE, Mayor ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Hunter Harrison, P&L Electric Utilities Attorney Resolution No. EUB 2021-R0094 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, by Professional Services Agreement dated effective June 14, 2018 (the "Original Agreement"), the City of Lubbock, acting by and through Lubbock Power & Light, through action by the Electric Utility Board and the City Council, contracted with TMG Utility Advisory Services, Inc. ("TMG"), to perform professional consulting services related to implementation of various systems for LP&L, as more particularly described in the Original Agreement; WHEREAS, by First Amendment to Professional Services Agreement dated August 20, 2019, Resolution EUB 2019-R0054, and City Council Resolution No. 2019-R0320 ("First Amendment"), LP&L and TMG agreed to amend the Original Agreement as regards certain matters relating to the TMG Utility Forum; WHEREAS, by Second Amendment to Professional Services Agreement dated May 19, 2020, Resolution EUB 2020-R0083, and City Council Resolution No. 2020-R0186 ("Second Amendment"), LP&L and TMG agreed to extend the term and increased the not -to -exceed amount of the Original Agreement, as amended; WHEREAS, by Third Amendment to Professional Services Agreement dated January 19, 2021, Resolution EUB 2021-R0008 and City Council Resolution No. 2021-R0036 ("Third Amendment"), LP&L and TMG agreed to provide for additional support hours necessary to complete the Services and increased the not -to -exceed amount provided for in the Original Agreement, as amended; WHEREAS, by Fourth Amendment to Professional Services Agreement dated April 20, 2021, Resolution EUB 2021-R00030 and City Council Resolution No. 2021-R0160 ("Fourth Amendment"), the Original Agreement was amended to provide for additional support hours to complete the Services, extend the term, and adjust the compensation paid to TMG for such additional work; WHEREAS, the Original Agreement, as amended, is in need of further amendment to provide for additional hours for additional work to complete the Services, extend the term, and modify the not -to -exceed amount provided in the Original Agreement, as amended; WHEREAS, LP&L desires to further amend the Original Agreement, as amended, to provide for such matters. NOW, THEREFORE: BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Chairman of the Electric Utility Board BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, acting by and through Lubbock Power & Light, the municipally owned electric utility of Lubbock, Texas ("LP&L"), that certain Fifth Amendment to Professional Services Agreement, by and between LP&L and TMG Utility Advisory Services, Inc., as attached hereto and incorporated herein as though set forth fully herein in detail, and any documents related thereto. BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT this Resolution shall be null and void if the City Council of the City of Lubbock shall not likewise authorize and direct the Mayor of the City of Lubbock to execute this Fifth Amendment to Professional Services Agreement by and between LP&L and TMG Utility Advisory Services, Inc. within sixty (60) days of the date hereof. Passed by the Electric Utility Board this 151h day of December, 2021 Wi�/Nur1Li Dan Odom, ATTEST: i0� /1L iliirL /Sen Stafford, /,l APPROVED AS TO CONTENT: Q"Lltz avid McCalla, Director of Electric Utilities APPROVED AS TO FORM: Hunter arrison, LP&L Electric Utilities Attorney Resolution No. 2022-R0026 FIFTH AMENDMENT to TMG Utility Advisory Services Professional Services Agreement This Fifth Amendment to Professional Services Agreement ("Fifth Amendment'), is entered into this 15th day of December 2021, by and between the City of Lubbock, Texas, acting by and through Lubbock Power & ("LP&L"), and TMG Utility Advisory Services, Inc. ("TMG"). WITNESSETH WHEREAS, LP&L and TMG entered into that certain Professional Services Agreement, dated effective June 14, 2018, Resolution No. EUB 2018-R0044, and City Council Resolution No. 2018-R0195 (the "Original Agreement'), wherein LP&L contracted with TMG to perform professional consulting services related to implementation of various systems for LP&L, as more particularly described in the Original Agreement; WHEREAS, LP&L and TMG entered into that certain First Amendment to Professional Services Agreement dated August 20, 2019, Resolution EUB 2019-R0054, and City Council Resolution No. 2019-R0320 ("First Amendment'), wherein LP&L and TMG agreed to certain matters related to the TMG Utility Forum; WHEREAS, LP&L and TMG entered into that certain Second Amendment to Professional Services Agreement dated May 19, 2020, Resolution EUB 2020-R0083, and City Council Resolution No 2020-R0186 ("Second Amendment'), wherein LP&L and TMG agreed to perform additional work and provided additional time required to complete the Services; Fifth Amendment TMG Professional Services Agreement- TMG Utility Advisory Services. Page 1 WHEREAS, LP&L and TMG entered into that certain Third Amendment to Professional Services Agreement dated January 19, 2021, Resolution EUB 2021-R0008 and City Council Resolution No. 2021-R0036 ("Third Amendment'), to provide for additional support hours necessary to complete the Services and increase the not -to -exceed amount provided for in the Original Agreement, as amended; WHEREAS, LP&L and TMG entered into that certain Fourth Amendment to Professional Services Agreement dated April 20, 2021, Resolution EUB 2021-R0030 and City Council Resolution No. 2021-R0160 ("Fourth Amendment') to provide for additional time and for additional work to complete the Services; WHEREAS, LP&L desires to further amend the Original Agreement, as amended, to provide for additional hours for additional work to complete the Services; WHEREAS, to accommodate for such additional work, an increase in the not -to -exceed amount provided for in the Original Agreement, as amended, is in need of modification; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LP&L and TMG agree as follows: 1. The first sentence of Article I, Term, is hereby deleted in its entirety and replaced as follows: "The term of this Contract commences on the Effective Date and continues without interruption until and including January 1, 2024." 2. Article II, Services and Compensation, Section C, is deleted in its entirety and hereby replaced with the following: "Except as provided below, the total sum to be paid hereunder shall not exceed, in any circumstance, the sum of five million nine hundred one thousand six hundred sixty and NO/dollars ($5,901,660)." Fifth Amendment TMG Professional Services Agreement - TMG Utility Advisory Services. Page 2 3. Exhibit A to the Original Agreement is hereby amended to add the additional cost table, identified in Exhibit 4 of this Fifth Amendment. 4. Except as amended hereby, the terms and conditions of the Original Agreement, as amended, shall remain valid and subsisting as originally provided. IN WITNESS WHEREOF, the parties have executed this Fifth Amendment by their duly authorized representatives as of the date first written above. CITY OF LUBBOCK, Texas, a home rule municipal corporation ��N Daniel M. Pope, Mayor AT EST: Re ca Garza, City Secretary APPROVED AS TO CONTENT: ie Wood, Utility CS & CIS Manager, Electric APPROVED AS TO FORM Jet e Smi h, P&L General Counsel CITY OF LUBBOCK, Texas, acting by and through Lubbock Power & Light /%tdl? !C i Dan Odom, Chairman, Electric Utility Board Fifth Amendment TM G Professional Services Agreement - TMG Utility Advisory Services. Page 3 APPROVED AS TO CONTENT: 11111 UU Ja e Wood, Utility CS & CIS Manager, Electric APPROVED AS TO FORM Jej S it , LP&L General Counsel TMG Utility Advisory Services, Inc. By: Name: Pam Glanvill Title: President Fifth Amendment TMG Professional Services Agreement - TMG Utility Advisory Services. Page 4 Exhibit 4 Statement of Work CIS, MDM, MWFM and AMI Implementation Services In addition to the previous cost tables, the following table provides the projected cost for the additional hours contemplated by the Fifth Amendment with respect to the scopes of work previously approved. Phase/Activities Hours from Amend 4 Amend 6 hours Standard Hourly Rate Additional Cost AMI Consulting Services AMI Implementation Task 1.2.5 - Network Performance Mitigation 79.0 $210.00 $ AMI System Management Task 1.2.8: Additional OWOC Channel configuration changes 136.0 $210.00 $ - Task 1.2.9: Establish a full OWOC Test Environment with Hardware 60.0 $210.00 $ - Task 1.2.10: OWOC Upgrade to next major release 137.0 $210.00 $ - Task 1.2.11: After Final Acceptance - Network Optimization (on -going) 240.0 $210.00 $ - Total AMI Implementation and System Management CIS/MDMS Implementation 652.0 $210.00 $ Task 1.3.6: Production Reports On -Shore Design and Testing 459.0 $210.00 $ Off -Shore Development and Unit Testing 1,774.0 $ 65.00 $ Report Acceptance 291.5 $210.00 $ Task 1.3.7: Oracle CCS 21A and 21B Upgrade 77.5 40.0 $210.00 $ 8,400.00 Task 1.3.8: Azure Training Basic Class 8.0 $210.00 $ - Test Manager Class 16.0 $210.00 $ Regression Test Support 6.0 $210.00 $ - Task 1.3.11: Channel configuration for Electric 80.0 $210.00 $ - Task 1.3.12: Analyst Support - 2,825.5 $210.00 $593,355.00 Total CIS Implementation 2,712.0 2,865.5 $601,755.00 Contingency - 160.0 $ 33,600.00 Hours not used from Amendment 4 (297.0) $ - Total Stabilization 3,067.0 3,025.5 $635,355.00 Professional Services Agreement -TMG Consulting Services, Inc.