HomeMy WebLinkAboutResolution - 2020-R0069 - Amendment With Newgen Strategies And Solutions - 02/25/2020 Resolution No. 2020-R0069
Item No. 7.13
February 25, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCII. OF"1 HE 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, an Amendment to Professional Services
Contract (Contract #14327) 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 February 25_ , 2020.
DANIEL M. POPE, M YOR
ATTEST:
Rebe ca Garza, City Se eta
APPROVED AS TO CONTENT:
Aubrey A. Sp�e, P.1E, Direc or of Water Utilities
APPROVED AS TO FORM:
Amy/L,�S s, eput y ttorney
RES.Prof Sery Contract Amend-NewGen Strategies and Solutions, LLC
(2-6-20)
Resolution No. 2020-R0069
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This amendment to Agreement is entered into this 25th day of February, 2020
between the City of Lubbock, a Texas municipal corporation (hereinafter called "the
CITY")and NewGen Strategies and Solutions, LLC (the "CONSULTANT"), a
corporation authorized to conduct business in Texas.
WHEREAS, the CONSULTANT and the CITY have previously entered into
Agreement (Contract#14327) dated October 9, 2018 (hereinafter called "the
Agreement"); and
WHEREAS, the CITY and the CONSULTANT hereby desire to amend said
agreement.
NOW THEREFORE,the CITY and the CONSULTANT hereby agree to amend
the Agreement as follows:
1) ARTICLE I. TERM is deleted in its entirety and replaced with the
following:
The term of thus Contract commences on the Original Contract's Effective
Date and continues without interruption for a term of 36 months, as set
forth in Exhibit"A-l", attached to and made a part of this Agreement for
all purposes. 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 increase in the amount of the consideration must be
approved by the City Council.
2) ARTICLE II. SERVICES AND COMPENSATION is deleted in its
entirety and replaced with the following:
A. CONSULTANT shall conduct all activities and within such timefranies
as set forth on Exhibit"A-I", attached hereto (the"Services").
B. CONSULTANT shall receive as consideration to be paid for the
performance of the Services set forth in Exhibit"B-I". In no event shall
the total compensation paid to CONSULTANT pursuant to this Contract
exceed eighty-one thousand five-hundred dollars($81,500).
3) Except as specifically amended or modified hereby, all of the terms and
provisions of the Agreement shall remain valid and in full force and effect
as originally provided.
Water&Wastewater Rate Structure Update-Phase II 1 of 6
Amendment No. 1
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized representatives as of the date first written above.
CIT7OFLUBZCK
Daniel M. Pope, M yor
ATTEST:
X—
lt`eb cca Garza, City Sec eta
APPROVED AS TO CONTENT:
ubrey A. Sp ; P.E., Dire or of Water Utilities
APPROVED AS TO FORM:
Amy Sj�as,
.$ant ttoiney
NewGen S rategies & Solutions, LLC
Chris lout, Director
I
i
I
Water&Wastewater Rate Structure Update-Phase II 2 of 6
Amendment No. 1
Exhibit A-1
Scope of Services
Water & Wastewater Rate Structure Update — Phase II
Task 1 —Financial Plan Update & Revenue Requirements Identification
In Task 1, the Project Team will update the prior Water and Sewer Financial Plans
prepared for the City's Water and Wastewater Utilities. As part of this update,the
Project Team will work with the City to incorporate recently prepared Master Plans,
including the Water Supply Master Plan, and estimates of upcoming capital projects
reflective of anticipated funding source(i.e., cash-funded, debt-funded, grants, etc.).
Task 1 Deliverables:
• Task I In-Person Work Sessions with Water Advisory Commission. (Complete)
• Annual Fiscal Year Task I Memo Report including revenue requirement projections
after teleconference with City staff to discuss initial results and any revisions.
Task 2—Phase II Rate Design
Based on direction received in FY 2019 from the Water Advisory Commission and City
staff, the Project Team will meet with the City Council to discuss Phase II rate revisions
to Commercial and Irrigation Customers. As part of these briefing sessions, the Project
Team will emphasize the impact on school and irrigation accounts and will provide
potential alternative rate options the Council may wish to consider for mitigating
potential rate shock. Based on Council feedback, NewGen will prepare final rates for
consideration based on City Council guidance, with specific emphasis on the projected
impact the amended rates will have on financial performance and the City's credit rating.
Given the sensitivity of the proposed rate design,the Project Team has included several
meetings with the City Council under this task.
Task H Deliverables:
• Up to (3) Task II Briefing Session with Water Advisory Commission. (Complete)
• Presentation materials, as necessary, for Water Advisory Conunission (Complete)
• Up to (3) Task II Briefing Sessions with the City Council concerning Phase II Rate
Design.
• Presentation materials ,as necessary, for City Council.
• Memorandum on rate design reconunendation(s) inclusive of discussion of customer
impact and projected impact on financial performance and the City's credit rating.
Water&Wastewater Rate Structure Update-Phase II 3 of 6
Amendment No. 1
Task 3 — Financial Forecasting & Rate Model Amendment
As requested by City Staff and reflective of Council's final decision on Phase II rate
design, the Project Team will snake necessary changes to the previously prepared
financial forecasting and rate models to incorporate the rate structure amendments and
enhance the Model's reporting capabilities specific to financial metrics. As part of this
task, the Project Team will also conduct teleconference meetings 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. The Project Team will make requested changes at the direction of Staff and
then will meet again to demonstrate the revised models. In the interest of project cost, the
Project Team anticipates meetings to demonstrate model revisions will be conducted via
teleconference or webinar but will happily conduct these meetings on-site if the project
budget will allow.
Task III Deliverables:
• As needed meetings with City staff each fiscal year 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(s)to illustrate revised models.
Task 4—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 intemet-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.
Task IV Deliverables:
• Model support and ad-hoc analysis.
Task 5 —Wholesale & Industrial Customer Support
On an as-needed basis, the Project Team will assist City staff in the review and analysis
of the impact new wholesale or industrial customers will have on the City's water and
wastewater system. This analysis will include,but not be limited to, an analysis of
revenues under existing rates and appropriate pricing structures reflective of the cost of
providing service based on defined demand levels as well as pricing required to
Water&Wastewater Rate Structure Update-Phase II 4 of 6
Amendment No. 1
encourage economic development. When requested, the Project Team will also help in
preparing briefing materials for City Management and the City Council on rates or the
financial/operational impact of these customers. 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.
Task V Deliverables:
• Ad-hoc financial and rate analysis specific to existing or potential wholesale customers of the
City.
Proposed Project Schedule
The tasks identified above are on-going based on the Original Contract between the
CITY and CONSULTANT. Tasks will be completed upon expiration of the contract.
DescriptionTask
No Task • •
Financial Plan Updates and Revenue
1 On-going October 8,2021
Requirements Identification
2 Phase II Rate Design On-going October 8,2021
3 Financial Forecasting&Rate Model On-going October 8,2021
Amendment
4 Model Support Services On-going October 8,2021
5 Wholesale/Industrial Customer Support On-going October 8, 2021
Water&Wastewater Rate Structure Update-Phase II 5 of 6
Amendment No. 1
Exhibit B-1
Payment of Fees
Water & Wastewater Rate Structure Update—Phase II
The City shall pay Engineer for services set forth in Exhibit A-1 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 Original Amendment Total Amended
Contract No. I Contract
Amount
1 Financial Plan Update &Revenue $ 18,810 $ 190 $ 19,000
Requirements Identification
2 Phase II Rate Design 25,550 4,450 30,000
3 Financial Forecasting &Rate 15,600 4,400 20,000
Model Amendment
4 Model Support Services 5,400 2,100 7,500
5 Wholesale/Industrial Customer 5,000 5,000
Support
Total Contract Amount $ 65,360 16,140 $81,500
Water&Wastewater Rate Structure Update-Pliase II 6 of 6
Amendment No. 1