HomeMy WebLinkAboutResolution - 2018-R0363 - Professional Services Agreement With New Gen Strategies And - 10/09/2018Resolution No. 2018-RO363
Item No. 6.8
October 9, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Professional Services Contract for
consultant services related to reviewing, evaluating, designing and implementing water
and wastewater cost of service, rates, and financial models, by and between the City of
Lubbock and NewGen Strategies and Solutions, LLC, and related documents. Said
Contract is attached hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on October 9 , 2018.
DANIEL M. POPE, MAYOR
ATTEST:
L� t&tQ -
Rebe ca Garza, City
APPROVED AS T O C OIN 1E EN T :,
/7
J�'V-
Aulbrey A. Sperm .E., Director of Water Utilities
APPROVED AS TO FORM:
Amy L. S s, Deputy 1e
RES. Prof Sery Contract-NewGen Strategies and Solutions, LLC
(9-25-18)
Resolution No. 2018-RO363
PROFESSIONAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This contract (the "Contract"), effective as of the 9t1 day of October, 2018 (the "Effective
Date"), is by and between the CITY of Lubbock, (the "CITY"), a Texas home rule municipal
corporation, and NewGen Strategies and Solutions, LLC. (the "CONSULTANT"), a corporation
authorized to conduct business in Texas.
WHEREAS, the CITY desires to obtain consulting services related to reviewing,
evaluating, designing and implementing water and wastewater cost of service, rates, and financial
models (the "Activities"); and
WHEREAS, CONSULTANT has a professional staff experienced in, and is qualified to
provide, consulting services related to the Activities, and will provide the services, as defined
below, for the price provided herein, said price stipulated by CITY and CONSULTANT to be a fair
and reasonable price; and
WHEREAS, the CITY desires to contract with CONSULTANT to provide consulting
services related to the Activities and CONSULTANT desires to provide the Services related to
same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set
forth in this Contract, the CITY and CONSULTANT hereby agree as follows:
ARTICLE I. TERM
The term of this Contract commences on the Effective Date and continues without
interruption until September 30, 2019. If the CONSULTANT determines that additional time is
required to complete the Services, the Director of Water Utilities may, but is not obligated to, in his
discretion, execute an agreement to grant up to an additional six (6) months of time so long as the
amount of the consideration does not increase. An amendment to this Agreement resulting in an
Water & Wastewater Rate Structure Update — Phase II Page 1 of 15
increase in the amount of the consideration must be approved by the CITY acting through its
governing body.
ARTICLE II. SERVICES AND COMPENSATION
A. CONSULTANT shall conduct all activities and within such timeframes as set forth on
Exhibit "A", attached hereto (the "Services")
B. CONSULTANT shall receive as consideration to be paid for the performance of the
Services set forth in Exhibit "B", not to exceed sixty-five thousand and three -hundred dollars
($65,300).
ARTICLE III. TERMINATION
A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty
(30) days written notice to CONSULTANT. In the event this Agreement is so terminated, the CITY
shall only pay CONSULTANT for services actually performed by CONSULTANT up to the date
CONSULTANT is deemed to have received notice of termination as provided herein.
B. Termination and Remedies. In the event CONSULTANT materially breaches any term
and/or provision of this Contract and fails to cure within 10 days after notice of same, the CITY
shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or
otherwise, including without limitation, termination of this Contract and assertion of an action for
damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all rights and all remedies shall be
cumulative.
ARTICLE IV. NON - ARBITRATION
The CITY reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the CITY shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
Water & Wastewater Rate Structure Update — Phase II Page 2 of 15
between this provision and another provision in, or related to, this Contract, this provision shall
control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. CONSULTANT is a corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas and is qualified to carry on its business in the State of
Texas.
B. Corporate Power. CONSULTANT has the corporate power to enter into and perform this
Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on
the part of CONSULTANT. This Contract constitutes legal, valid, and binding obligations of the
CONSULTANT and is enforceable in accordance with the terms hereof.
D. Consultant. CONSULTANT maintains a professional staff and employs, as needed, other
qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and
regulations, both state and federal, including without limitation, the applicable laws, regarding the
Activities contemplated hereby.
E. Performance. CONSULTANT will and shall conduct all activities contemplated by this
Contract in accordance with the standard of care, skill and diligence normally provided by a
professional person in performance of similar professional consulting services in Texas, and comply
with all applicable laws, rules, and regulations, both state and federal, relating to professional
consulting services, as contemplated hereby.
F. Use of Copyrighted Material. CONSULTANT warrants that any materials provided by
CONSULTANT for use by CITY pursuant to this Contract shall not contain any proprietary
material owned by any other party that is protected under the Copyright Act or any other law,
statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction
of materials. CONSULTANT shall be solely responsible for ensuring that any materials provided
by CONSULTANT pursuant to this Contract satisfy this requirement and CONSULTANT agrees to
Water & Wastewater Rate Structure Update — Phase II Page 3 of 15
indemnify and hold CITY harmless from all liability or loss caused to CITY or to which CITY is
exposed on account of CONSULTANT's failure to perform this duty.
ARTICLE VI. SCOPE OF SERVICES
CONSULTANT shall accomplish the following:
Professional Consulting Services related to the Activities, as defined and provided in Exhibit "A,"
"Scope of Services".
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
CONSULTANT and CITY agree that CONSULTANT shall perform the duties under this
Contract as an independent contractor and shall be considered as independent contractor under this
Agreement and/or in its activities hereunder for all purposes. CONSULTANT has the sole
discretion to determine the manner in which the services are to be performed. During the
performance of the Services under this Agreement, CONSULTANT and CONSULTANT's
employees and/or subconsultants, will not be considered, for any purpose, employees or agents of
the CITY within the meaning or the application of any federal, state or local law or regulation,
including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE VIII. INSURANCE
CONSULTANT shall procure and carry, at its sole cost and expense through the life of this
Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in
form and substance satisfactory to CITY, carried with an insurance company authorized to transact
business in the state of Texas, covering all aspects and risks of loss of all operations in connection
with this Agreement, including without limitation, the indemnity obligations set forth herein.
CONSULTANT shall obtain and maintain in full force and effect during the term of this
Agreement, and shall cause each approved subcontractor or subconsultant of CONSULTANT to
obtain and maintain in full force and effect during the term of this Agreement, commercial general
liability, professional liability and automobile liability coverage for non -owned and hired vehicles
with insurance carriers admitted to do business in the state of Texas. The insurance companies must
Water & Wastewater Rate Structure Update — Phase II Page 4 of 15
carry a Best's Rating of A-VII or better. All policies will be written on per occurrence basis except
Professional Liability, subject to the following minimum limits of liability:
Commercial General Liability:
Per Occurrence Single Limit:
General Aggregate Limit:
Professional Liability:
Per Claim:
Automobile Liability:
Combined Single Limit for any auto:
$1,000,000
$2,000,000
$1,000,000
$1,000,000 Per Occurrence
CONSULTANT shall further cause any approved subcontractor or subconsultant to procure
and carry, during the term of this Agreement, Professional Liability coverage, as specified above for
CONSULTANT, protecting CITY against direct losses caused by the professional negligence of the
approved subcontractor or subconsultant. The CITY shall be listed as a primary and
noncontributory additional insured with respect to the Automobile Liability and Commercial
General Liability and shall be granted a waiver of subrogation under those policies.
CONSULTANT shall provide a Certificate of Insurance to the CITY as evidence of coverage.
The certificate shall provide 30 days notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy will be included in the Certificate.
CONSULTANT shall elect to obtain worker's compensation coverage pursuant to Section 406.002
of the Texas Labor Code. Further, CONSULTANT shall maintain said coverage throughout the
term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to
ensure that the CONSULTANT maintains said coverage. The CONSULTANT may maintain
Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event,
the policy must be endorsed to include a waiver of subrogation in favor of the CITY. If at any time
during the life of the Agreement or any extension hereof, CONSULTANT fails to maintain the
required insurance in full force and effect, CONSULTANT shall be in breach hereof and all work
under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary, the professional liability policy
shall be maintained at CONSULTANT'S sole cost and expense. The retroactive date shall be no
Water & Wastewater Rate Structure Update — Phase II Page 5 of 15
later than the commencement of the performance of this Contract and the discovery period (possibly
through tail coverage) shall be no less than ten (10) years after the completion of work specified in
the Contract. The provisions of this Article VIII shall survive the termination or expiration of this
Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
CONSULTANT may employ or retain consultants, contractors, or third parties (any of
which are referred to herein as "Subconsultant"), to perform certain duties of CONSULTANT, as
set forth on Exhibit "A", attached hereto, under this Contract, provided that CITY approves the
retaining of Subconsultants. The CITY hereby approves the retention of the "NewGen Team" as
described in Exhibit "A," attached hereto. CONSULTANT is at all times responsible to CITY to
perform the Services as provided in this Agreement and CONSULTANT is in no event relieved of
any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or
Subconsultant retained and/or employed by CONSULTANT shall be required by CONSULTANT
to carry, for the protection and benefit of the CITY and CONSULTANT and naming said third
parties as additional insureds, insurance as described above in this Contract.
CONSULTANT represents that such services are either under applicable value thresholds or
are otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
CONSULTANT shall retain all information received from or concerning the CITY and the
CITY's business in confidence and shall not reveal such information to third parties without prior
written consent of the CITY, unless otherwise required by law. It is hereby agreed that the
following information is not considered to be confidential under this Agreement:
a) Information already in the public domain;
b) Information disclosed to CONSULTANT by a third party who is not under a
confidentiality obligation;
c) Information developed by or in the custody of CONSULTANT related to work with
clients before entering into this Agreement; and
Water & Wastewater Rate Structure Update — Phase II Page 6 of 15
d) Information developed by CONSULTANT through its work with other clients
ARTICLE XI. INDEMNITY
CONSULTANT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF
LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES
FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY
KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS,
AND REASONABLE ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR
INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR
PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR
OCCASIONED BY, THE NEGLIGENT ACTS OF CONSULTANT, ITS AGENTS,
EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE,
OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR
OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED
HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities under this
Contract, and any amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from CONSULTANT to CITY or CITY to CONSULTANT is
required or permitted by this Contract and no other method of notice is provided, such notice shall
be given by (1) actual delivery of the written notice to the other party by hand (in which case such
notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective
upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed
to the other party at the address provided in this article, registered or certified mail, return receipt
requested, in which case such notice shall be effective on the third business day after such notice is
so deposited.
Water & Wastewater Rate Structure Update — Phase II Page 7 of 15
B. CONSULTANT's Address. CONSULTANT's address and numbers for the purposes of
notice are:
NewGen Strategies and Solutions, LLC
Attn: Chris Ekrut, Director
1300 E. Lookout Dr., Ste. 100
Richardson, Texas 75082
Telephone: (972) 232-2234
C. CITY's Address. The CITY's address and numbers for the purposes of notice are:
CITY of Lubbock
Attn: Aubrey A. Spear, P.E.
P. O. Box 2000
1625 13th Street
Lubbock, Texas 79457
Telephone: (806) 775-2585
Facsimile: (806) 775-3027
D. Change of Address. Either party may change its address or numbers for purposes of
notice by giving written notice to the other party as provided herein, referring specifically to this
Contract, and setting forth such new address or numbers. The address or numbers shall become
effective on the 15th day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA
CITY shall furnish CONSULTANT non -confidential studies, reports and other available
data in the possession of the CITY pertinent to CONSULTANT's Services, so long as CITY is
entitled to rely on such studies, reports and other data for the performance of CONSULTANT's
Services under this Contract (the "Provided Data"). CONSULTANT shall be entitled to use and
rely, so long as such reliance is reasonable, upon all such Provided Data.
Water & Wastewater Rate Structure Update — Phase II Page 8 of 15
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall
not be given any effect in construing this Contract.
B. Audit. CONSULTANT shall provide access to its books and records for time -based and
reimbursable expenses to the CITY. The CITY may audit, at its expense and during normal business
hours, CONSULTANT's books and records with respect to this Contract between CONSULTANT
and CITY.
C. Records. CONSULTANT shall maintain records that are necessary to substantiate the
services provided by CONSULTANT.
D. Assignability. Neither party may assign this Contract without the prior written approval
of the other party.
E. Successor and Assigns. This Contract binds and inures to the benefit of the CITY and
CONSULTANT, their permitted successors and assigns.
F. Construction and Venue.
THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN
LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY
CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE
COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF
LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR
RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED
HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by
any court of competent jurisdiction with respect to any person or circumstances, the remainder of
this Contract and the application of such provision to persons and/or circumstances other than those
with respect to which it is held invalid or ineffective shall not be affected thereby.
Water & Wastewater Rate Structure Update — Phase II Page 9 of 15
H. Amendment. No amendment, modification, or alteration of the terms of this Contract
shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent
to this Contract, and duly authorized and executed by CONSULTANT and CITY.
I. Entire Agreement. This Contract, including Exhibits "A" and "B," attached hereto,
contains the entire agreement between the CITY and CONSULTANT, and there are no other
written or oral promises, conditions, warranties, or representations relating to or affecting the
matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture,
joint enterprise, partnership or principal — agent relationship between CONSULTANT and the
CITY.
K. Documents Owned by CITY. Any and all documents prepared by CONSULTANT as
part of the Services hereunder used by the CONSULTANT in its normal course of business, shall
become the property of the CITY when CONSULTANT has been compensated as set forth in
Article II, above. The CONSULTANT shall make copies of any and all work products for its files.
Any reuse or modification of such Documents for purposes other than those intended by
CONSULTANT herein shall be at CITY's sole risk and without liability to the CONSULTANT.
L. Notice of Waiver. A waiver by either CITY or CONSULTANT of a breach of this
Agreement must be in writing and duly authorized to be effective. In the event either party shall
execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect
to any other or subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any
rights or benefits whatsoever to any party other than CITY and CONSULTANT.
N. Non- Appropriation. All funds for payment by the CITY under this Contract are subject
to the availability of an annual appropriation for this purpose by the CITY. In the event of non -
appropriation of funds by the CITY Council of the CITY of Lubbock for the services provided
under this Contract, the CITY will terminate this Contract, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for the then -
current year for the goods or services covered by this Contract is spent, whichever event occurs first
Water & Wastewater Rate Structure Update — Phase II Page 10 of 15
(the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of
this Contract, cancellation shall be accepted by the CONSULTANT on thirty (30) days prior written
notice, but failure to give such notice shall be of no effect and the CITY shall not be obligated under
this Contract beyond the Non -Appropriation Date.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Daniel M. Pope, Mayor
ATTEST:
Rebe a Garza. City Secretary
APPROVED AS TO CONTENT:
7
Aubrey A. Spa , P.E., Director of Water Utilities
APPROVED AS TO FORM:
_,�A
Am ' s, Deputy City ttorney
NewGen Strategies & Solutions, LLC
Chris Ekrut, Director
Water & Wastewater Rate Structure Update — Phase II Page 11 of 15
Exhibit A
Scope of Services
Water & Wastewater Rate Structure Update — Phase II
1.1. Task I — Update of Financial Plan and Identification of Revenue
Requirements
In Task 1, the Project Team will update the prior Water and Sewer Financial Plans prepared for the City's
Water and Wastewater Utilities in 2016. As part of this update, the Project Team will work with the City to
incorporate recently prepared Master Plans, including the 2018 Strategic Water Supply Plan and estimates of
upcoming capital projects reflective of anticipated funding source (i.e., cash -funded, debt -funded, grants,
etc.). Based on the updated Financial Plans, the Project Team will provide the City with projected water and
sewer rate revenue requirements for FY 2019 through FY 2024.
Z.Z.Z.Z.Task I Deliverables:
•Task I Memo Report including revenue requirement projections after teleconference with City staff to
discuss initial results and any revisions
*Task I In -Person Work Session with Water Advisory Commission
1.2. Task II — Phase II Rate Design
After preparation of the updated revenue requirements, the Project Team will meet with the Water Advisory
Commission and City staff to recap the recommendations made to the City Council regarding proposed
Commercial and Irrigation rate design changes. The impact of these rate designs, with specific emphasis on
school accounts and irrigation accounts, will be discussed in more detail with the Commission and input will
be sought on potential amendments to the Phase II Rate Design.
After receiving direction from the Water Advisory Commission and City staff, the Project Team will prepare
revised rates reflecting the financial plan developed in Task 1 under the City's existing rate design for
Residential customers, as well as revised rates under the new proposed Phase II rate design for Commercial
and Irrigation customers. The Project Team will then meet again with the Water Advisory Commission to
finalize the proposed rate design recommendation for the City Council. Given the sensitivity of the proposed
rate design, the Project Team has included up to two meetings with the Water Advisory Commission and one
meeting with the City Council under this task.
1.2.1.1.Task II Deliverables:
*Task II Briefing Session with Water Advisory Commission (In the interest of cost, this will be
conducted simultaneously with Task I work session)
*Up to two (2) additional meetings with the Water Advisory Commission
Water & Wastewater Rate Structure Update — Phase II Page 12 of 15
*One (1) meeting with the City Council
*Presentation materials, as necessary, for Water Advisory Commission and City Council
*Memorandum on rate design recommendation(s) inclusive of discussion of customer impact
1.3. Task III — Financial Forecasting and Rate Model Amendment /
Enhancement
Once the City Council has decided on the path forward for amendments to the Commercial and Irrigation
rate design, the Project Team will make necessary changes to the previously prepared financial forecasting
and rate models to incorporate the rate structure amendments. As part of this task, the Project Team will also
conduct an in -person meeting with City staff to discuss the strength and weaknesses of the existing models,
and to receive input on other desired changes or requested features that the Project Team should consider as
part of Task III. Following this meeting, the Project Team will make the requested changes and then will
meet again with City staff to demonstrate the revised models. In the interest of project cost, the Project Team
anticipates that this meeting to demonstrate the model will be conducted via teleconference or webinar, but
will happily conduct this meeting on -site if the project budget will allow.
1.3.1.1.Task III Deliverables:
•In -person meeting with City staff to discuss changes to the Financial Forecasting and Rate Models
*Revised Financial Forecasting and Rate Models incorporating new rate design and requested staff
changes
•Teleconference/Webinar to illustrate revised models
1.4. Task IV — Model Support Services
On an as -needed basis, the Project Team will assist City staff with updating and maintenance of the City's
Financial and Rate Models including, but not limited to, managing or reviewing data input, model
performance, and output. The Project Team will provide phone and internet-based support, as well as on-
going technical and quality assurance review of the models. When requested, the Project Team will provide
support to the City in preparation of required infographics or ad -hoc analysis in support of the management
of the City's water and wastewater utilities. Work will be performed at the direction of City staff, and costs
incurred by NewGen under this Task will not exceed the proposed budget without prior written authorization
of the City. Additional services requested above these levels will be provided at a mutually negotiated price
with the City.
1.4.1.1.Task IV Deliverables:
•Model support and ad -hoc analysis
Water & Wastewater Rate Structure Update — Phase II Page 13 of 15
Proposed Project Schedule
Based on the Services outlined above, and assuming notice to proceed is received by the Project Team by
October 1, 2018, the Project Team anticipates the starting and completion dates for each Task as noted in the
table below. Please note that the Project Team's ability to meet these deadlines will be dependent on the
timely receipt of accurate data as requested by the Project Team and the availability of City staff, the Water
Advisory Commission and/or the City Council for the meetings indicated herein.
Task
Task Dcscriptloll
Startin- Date
Conipletion Date
No
1
Update of Financial Plan and Identification
October 1, 2018
December 21, 2018
of Revenue Requirements
2
Phase II Rate Design
January 8, 2019
March 29, 2019
3
Financial Forecasting and Rate Model
April 1, 2019
May 31, 2019
Amendment/Enhancement
4
Model Support Services
Duration of Project
Water & Wastewater Rate Structure Update — Phase II Page 14 of 15
Exhibit B
Payment of Fees
Water & Wastewater Rate Structure Update — Phase II
The City shall pay Engineer for services set forth in Exhibit A on a lump sum basis by task, as indicated in
the attached schedule below. The Engineer will invoice the City monthly based on estimated percent
complete of each task.
Task
Description
Task Budget
Task 1
Five Year Financial Plan and Identification of Revenue Requirements
$ 18,810
Task 2
Cost of Service Analysis
25,550
Task 3
Rate Structure Evaluation
15,600
Task 4
Administrative Record of Project
5,400
Total Fee
$ 659360
The following attachment includes a detailed breakdown of the anticipated hours and costs by task as well as
the anticipated out-of-pocket expenses to be incurred.
Water & Wastewater Rate Structure Update — Phase II Page 15 of 15
City of Lubbock, Texas
Proposed Pricing for Scope of Services
Chris Ekrut
Matthew Garrett
Michael Sommerdorf
Megan Kirkland
Totals
Hours
$
Hours $
Hours
$ 1
Hours
$
Hours
Labor 5
Expense S
Total
Billing Rate
$ 250.00
$ 19S.00
$ 170.00
$ 120.00
Task 1- Update of Financial Plan and Identification of Revenue
16.0
$ 4,000
24.0 $ 4,680
24.0
$ 4,080
40.0
$ 4,800
104
$ 17,560
$ 1,250
$ 18,810
Requirements
Task 2 - Phase II Rate Design
32.0
8,000
20.0 3,900
30.0
5,100
40.0
4,800
122
21,800
3,750
$ 25,550
Task 3 - Financial Forecasting and Rate Model Amendment /
8.0
2,000
10.0 1,950
40.0
6,800
30.0
3,600
88
14,350
1,2S0
$ 15,600
Enhancement
Task 4 - Model Support Services
6.0
1,500
4.0 780
-
-
26.0
3,120
36
5,400
-
$ 5,400
Totals
62.0
$ 15,500
58.0 $ 11,310
94.0
$ 15,980
136.0
$ 16,320
350.0
$ S9,130
$ 6,250
$ 65,360
Total Not -to -Exceed Cost
$ 65,360
Page 1 of 1
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-409948 ,
NewGen Strategies and Solutions, LLC
Richardson, TX United States
Date Filed:
10/02/2018
2 Name of governmental entity or state agency that is a party to the contract for which a form is
being filed.
City of Lubbock, Texas
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or Identify
the contract, and provide a
description of the services, goods, or other property to be provided under the contract
14327
Professional Consulting Services
Nature of interest
4 Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Lane, Michael
Brentwood, TN United States
X
Hughes, Nancy
Seattle, WA United States
X
Stowe, Jack
Austin, TX United States
X
Ekrut, Chris
Richardson, TX United States
X
Mancinelli, Joseph
Lakewood, CO United States
X
Yanke, David
Austin, TX United States
X
Georgis, Anthony
Lakewood, CO United States
X
5 Check only If there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Chris D. Ekrut and my date of birth is
My address is 275 W Campbell Rd., Ste 440 Richardson , TX 75080 US
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas Counly, State of Texas on the day of +�c�. < , 201Z__
(month) (year)
I
`
Signature of authorized Vent ofpdritracting business entity
(DedWRITIT
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2018-409948
NewGen Strategies and Solutions, LLC
Richardson, TX United States
Date Filed:
10/02/2018
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock, Texas
Date Acknowledged:
10/03/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
14327
Professional Consulting Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Lane, Michael
Brentwood, TN United States
X
Hughes, Nancy
Seattle, WA United States
X
Stowe, Jack
Austin, TX United States
X
Ekrut, Chris
Richardson, TX United States
X
Mancinelli, Joseph
Lakewood, CO United States
X
Yanke, David
Austin, TX United States
X
Georgis, Anthony
Lakewood, CO United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the
day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(D- ,ara Q
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711