HomeMy WebLinkAbout1999-356ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
DIVERSIFIED UTILITY CONSULTANTS, INC, FOR CONSULTING SERVICES
PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN
FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to engage Diversified Utility
Consultants, Inc, a Corporation ("DUC"), to provide professional consulting services to the City
pertaining to the development of a new electric service rate design for Denton Municipal Electric
("DME") in preparation for the expected transition of the City into a competitive deregulated
electric marketplace, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above -described professional consulting services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional consulting services, as set forth in the
Professional Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute a Professional
Services Agreement with Diversified Utility Consultants, Inc , a Corporation, for professional
consulting services pertaining to the development of a new electric service rate design for
Denton Municipal Electric, in substantially the form of the Professional Services Agreement
attached hereto and incorporated herewith by reference
SECTION II That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of DUC and the ability of DUC to
perform the services needed by the City for a fair and reasonable price
SECTION III That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized
SECTION IV That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the S-�h day of Oak' U , 1999
JAC LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By /PLOA Qj —
S \Our Documents\Ordinances\99\DrversrfredUtdrty Consultants PSA DME (rate design) doc
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC RATE DESIGN
FOR DENTON MUNICIPAL ELECTRIC
THIS AGREEMENT is made and entered into as of the day of
1999, by and between the City of Denton, Texas, a Texas
Municipal Corporation, with its principal offices at 215 E McKinney Street, Denton, Texas 76201
(hereafter "OWNER") and Diversified Utility Consultants, Inc , Inc , a Texas Corporation, with its
offices at 12113 Roxie Drive, Suite 110, Austin, Texas 78729 (hereafter "CONSULTANT"), the
parties acting herein, by and through their duly-authonzed representatives and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas The professional services set forth
herein are in connection with the following described project (the "Project")
Professional consulting services pertaining to the development of Phase II of a new electric service
rate design analysis and unbundling study for Denton Municipal Electric
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following basic services in a professional manner
A To perform those services as set forth and resolved in the following three (3) letters
OWNER'S Request for Proposal appended to the letter dated July 6, 1999 from
Cheryl Davenport, CPA, ("Davenport") a Utility Rate Administrator of
OWNER, to Dan Lawton, a Principal of CONSULTANT (the "RFP"), which
consists of three (3) pages, a copy of which RFP is attached hereto and
incorporated herewith by reference as Attachment "A"
2 CONSULTANT'S "Proposal to Review City of Denton's Unbundling and Rate
Design," appended to the letter dated August 11, 1999 from CONSULTANT to
Davenport (the "Proposal"), which consists of 21 pages, a copy of which
s����Uaf.,,Djdp „,,,,,, DWPSAS Page I of 10
Proposal is attached hereto and incorporated herewith by reference as
Attachment `B"
CONSULTANT'S "Amended Proposal to Review and Perform City of Denton's
Unbundling Study and Rate Design Analysis" made in the letter dated August
18, 1999 from CONSULTANT to Davenport (the "Amended Proposal"), which
consists of three (3) pages, a copy of which Amended Proposal is attached hereto
and incorporated by reference as Attachment "C"
B If there is any conflict between the terms of this Agreement and the three (3) Attachments
appended to this Agreement, the terms and conditions of this Agreement shall control over
the terms and conditions of the Attachments
ARTICLE III
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included as basic services in the above -described Scope of Services, set
forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT,
who shall determine, in writing, the scope of such additional services, the amount of compensation
for such additional services, and other essential terms pertaining to the provision of such additional
services by the CONSULTANT
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in
force for the period which may reasonably be required for the completion of the Project, including
Additional Services, if any, and any required extensions approved by the OWNER This
Agreement may be sooner terminated in accordance with the provisions hereof Time is of the
essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule reasonably
establishedby the OWNER, acting through its Director of Electric Utilities or her designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
"Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT in the employment of others in outside firms, for services in the area
of professional consulting, or related services Any subcontract or subconsultant
billing reasonably incurred by the CONSULTANT in connection with the Project shall
be invoiced to OWNER at the actual cost
2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any
out-of-pocket expense reasonably incurred by the CONSULTANT in the performance
6��=Wkk nYPMYP, UCTt MDWIP �11 D. PBA Page 2 of 10
of this Agreement for long distance telephone charges, telecopy charges, messenger
services, printing and reproduction expenses, out-of-pocket expenses for purchased
computer time, prudently incurred travel expenses related to the work on the Project,
and similar incidental expenses incurred in connection with the Prol ect
B BILLING AND PAYMENT
For and in consideration of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the basic services tasks set forth in the Scope of Services as shown in Article II above, as
follows
1 CONSULTANT shall perform its work on this Project an hourly fee basis, plus
reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly
CONSULTANT shall bill from time sheets, in minimum '/< hour increments, at the rates set
forth in CONSULTANT'S "Manpower and Cost Requirements to Provide Review of City of
Denton's Unbundling and Rate Design on Behalf of the City of Denton" schedules respecting
compensation and expense price structure, which are identified as Part III of the Proposal,
and as amended as Part III of the Amended Proposal, attached hereto as Attachment `B" and
Attachment "C", respectively, which have been incorporated herewith by reference The
OWNER agrees to pay to CONSULTANT for its professional services performed, and its
out -of pocket expenses incurred in the Project, a total amount not to exceed $ 65,000 00
2 Partial payments to the CONSULTANT will be made monthly based on the percent of
actual completion of the basic services, rendered to and approved by the OWNER through its
Director of Electric Utilities or her designee However, under no circumstances shall any
monthly statement for services exceed the value of the work performed at the time a
statement is rendered The OWNER may withhold the final ten (10%) percent of the above
not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT
3 Nothing contained in this Article shall require the OWNER to pay for any work which
is unsatisfactory as reasonably determined by the Director of Electric Utilities or her
designee, or which is not submitted by CONSULTANT to the OWNER in compliance with
the terms of this Agreement The OWNER shall not be required to make any payments to
the CONSULTANT at any time when the CONSULTANT is in default under this
Agreement
4 It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed
amount as stated heremabove, without first having obtained the prior written authorization
from the OWNER CONSULTANT shall not proceed to perform any services to be later
provided for under Article III "Additional Services" without first obtaining prior written
authonzationfrom the OWNER
C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER
in Article III heremabove, CONSULTANT shall be paid based on a to -be -agreed -upon
Schedule of Charges Payments for additional services shall be due and payable upon
S,QVDaw MCuntre 9 pUC[Rate Dulp1 ill DMPSAm Page 3 of 10
submission by the CONSULTANT, and shall be in accordance with Article V B
hereinabove Statements for basic services and any additional services shall be submitted to
OWNER no more frequently than once monthly
D PAYMENT If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of the CONSULTANT'S
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid in
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges Provided, however, nothing herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth herein, if the OWNER reasonably
determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V
B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement The
CONSULTANT is entitled to retain copies of all such documents The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's
use of these documents in other projects shall beat OWNER's sole risk and expense In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or claim any right arising from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
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demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of this Agreement
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business inthe State of
Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate
Carriers of at least an "A-" or above
A Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with property
damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate
B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident
C Worker's Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident
D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate
E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's
request to evidence such coverages The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent that is legally possible, and shall contain a
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies, furnishing at least the same policy limits and coverage, to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mediation No arbitration or
alternate dispute resolution ansmg out of or relating to, this Agreement involving one party's
disagreementmay include the other party to the disagreement without the other's approval
S\a. nMCMM DUCI�ff .p �11 DWMA&C Page 5 of 10
ARTICLE XII
TERMINATION OF AGREEMENT
A Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty- (30) days advance written notice to the other party
B This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure, and (2) an opportunity for consultation with the terminating party prior to
termination
C If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER within
twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with Article
V of this Agreement Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsibility by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants
ARTICLEXI
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein
Ste, mw,�connm.� UCIM.. ', �11 Dmn4� Page 6 of 10
To CONSULTANT
Diversified Utility Consultants, Inc
Dan Lawton, Principal
12113 Roxie Drive, Suite 110
Austin, Texas 78729
Fax (512) 257-2243
City of Denton, Texas
Sharon Mays, Director, DME
901-A Texas Street
Denton, Texas 76201
Fax (940)349-7334
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first
occur
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of ten (10) pages and three (3) attachments constitutes the
complete and final expression of the Agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competentlurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap
S%a. m�ContMas UCJJ to�lp P 11 UMEPSAMc Page 7 of 10
ARTICLE XIX
PERSONNEL
A CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may anse during
the term of this Agreement
B OWNER requires that CONSULTANT carefully safeguard all documents, data, and
information provided by OWNER to CONSULTANT incident to this engagement
CONSULTANT recognizes that such documents, data, and information involve sensitive,
competitive issues, in some cases confidential information, in some cases proprietary
information, and the disclosure of such information by CONSULTANT to any third party,
without the express written consent of OWNER, is expressly prohibited by OWNER, and
would likely cause significant economic loss and detriment to OWNER Any such disclosure
of information by CONSULTANT shall constitute a material default of this Agreement
CONSULTANT represents to OWNER that it will safeguard OWNER's information and
will, upon OWNER'S request, provide OWNER with CONSULTANT'S policies regarding
its procedures for identifying conflicts of interest, and its procedures and safeguards which
are in place which would apply to CONSULTANT'S treatment and handling of OWNER'S
documents, data, and information during this engagement
C All services required hereunder will be performed by CONSULTANT or under its direct
supervision All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of
its name as well as of any significant change in its corporate structure or in its operations
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed The parties further agree that the provisions of this Article will not be waived unless as
herein set forth
Swa mwjs�Cunwujnv UCJUOUalp �11 DMNA� Page 8 of 10
ARTICLE XXII
MISCELLANEOUS
A CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities and
shall 'be provided adequate and appropriate working space in order to conduct examinations
or audits in compliance with this Article OWNER shall give CONSULTANT reasonable
advance notice of all intended examinations or audits
B Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas
C For purposes of tins Agreement, the parties agree that Dan Lawton, Principal of
CONSULTANT ("Lawton") shall serve as the Project Manager of CONSULTANT,
respecting this engagement This Agreement has been entered into with the understanding
that Lawton shall serve as the CONSULTANT's Project Manager and the key person serving
the OWNER on this Project Any proposed changes requested by CONSULTANT,
respecting Lawton serving as the key person on the Project, shall be subject to the approval of
the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein
shall, limit CONSULTANT from using other qualified and competent members of its firm to
perform the other services required herein, under its supervision or control
D CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER
E The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or investigation into such information
F The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly-authonzed City Manager, and CONSULTANT
has executed this Agreement by and ou h its duly -authorized undersigned officer and Principal,
on this the day of / � ,1999
s�M�u�onM��UCI"10�IP �11 DW MKS Page 9 of 10
"CITY"
CITY OF DENTON, TEXAS
By ei�
is 1 W ez, Ci er
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A.j.�A
By
"CONSULTANT"
DIVERSIFIED UTILITY CONSULTANTS, INC
A Texas Coworation
Pnncipal
ATTEST
By Po
S c tars
8�mwMean 9„0 C,�,,� p �11 DWMAE Page 10 of 10
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July 6 1999
Dan Lawton
Diversified Utility Consultants, Inc
12113 Roxie Drive
Austin, TX 78729
Dear Dan.
Sul i r.,n v„,,
U,nm.I T,,",
I have attached a scope of work for the rate design and a copy of the electric system
unbundling study prepared by R W Beck We would like to get this project moving very
quickly because it was budgeted in the current fiscal year Therefore we need to
encumber the funds before September 30 1999 Please return the unbundling study with
your proposal I look forward to hearing from you
Sincerely.
Cheryl Davenport, CPA
Utility Rate Administrator
(940) 349-8466
davenport@cityofdenton com
Aifach --+ "A"
REQUEST FOR PROPOSAL
CITY OF DENTON
DENTON,TEXAS
The scope of work provides services to the City of Denton in two separate tasks
■ Task A — Unbundling and Rate Design Services
III Task B — Presentation, Education and Public Process Services to be provided to the City
Council and Public Utilities Board
[ask A and Task B services will be intertwined during the courSc of the study in order to keep
the Board and City Council current with study results
Task A should develop rates that would provide a smooth transition to retail competition
Among the issues to be considered in developing rates are the sale of Denton s generation
Senate Bill 7 and results of the PUC distribution tariffs workshop
As Denton moves towards adoption of proposed rates developed in Task A the City will require
presentation, education, facilitation, or other services to help dectsion-makers evaluate the
impact of proposed rates The education process will be ongoing throughout the project and
involve the Public Utilities Board and City Council Each mecting will be tutoiial and
conducted in a format to encourage questions and open dialogue Concepts as developed in the
course of Task A will be presented and discussed as it applies to Denton s Situation
Proposals should price each task separately Task A should provide separate prices for each item
listed Task B should provide a price per meeting
TASK A UNBUNDLING AND RATE DESIGN SERVICES
V I DEVELOPMENT OF TEST YEAR REVENUE RbQUIREMENT
2 MARGINAL COST ANALYSIS AND PRODUCTION COST MODELING
3 UPDATE R W BECK UNBUNDLING AND REVIEW RESULTS WITH CITY
4 DEVELOPMENT OF DATABASE FOR RATE DESIGN AND PRICING ANALYSIS
5 RATE DESIGN
TASKI$ ,-1 PRESENTATION, EDUCATION, AND PUBLIC PROCESS SERVICES
16T
g; ;Rate "i$p IOI for traditional cost of service allocation including examples of rates inuse
'a today y ttich`afthe following
■ City of Denton
• A Texas IOU
■ A company currently operating in a deregulated environment
An additional one -day meeting with utility staff as described in Task A 4 is included under the
cost estimate for this meeting
2YD MEETING
Rate Design for an industry preparing for deregulation including new types of rates that would
be necessary Examples should include rates specifically for Denton
3NO MEETING
New Rate Design 1 heory for a Competitive Market including marginal cost and pricing Again
specific examples for Denton should be included in the presentation with an emphasis on
marginal costing and what it means
4"' MEETING
Portfolio of tools needed in a deregulated market including the kind of took available and the
ones that would most benefit Denton
ST" MEETING
Presentation of rate design for Denton
6"' MEETING
Open meeting to revtcw topics previously presented or discuss new topic
DIVERSIFIED UTILITY
CONSULTANT$. INC
SO&%$ AOXIM D=V8 9VITV 7,30 AVETIN TX 7*789
Tffi.LQlNOlIi,63M �N II000 Pw]c llit�li��Oti1
August 11, 1999
Cheryl Davenport, C P A
Utility Rate Administrator
901-A Texas Street
Denton, Texas 76201
RE PropnsaLtoRextet-Catx ofDentonillnkuadhma_nd xate_Design
Dear Ms Davenport
Diversified Utility Consultants, Inc ("DUCI") is pleased to submit this proposal to the City
of Denton ("City") to analyze the unbundling and rate design issues
DUCI is a Texas Corporation located in Austin, Texas, with an international client base The
principals of DUCI, Messrs Pous and Lawton, have over forty (40) years of utility rate and
regulation expenence In particular, Messrs Pous and Lawton have testified and/or made formal
presentations before federal, state, municipal, and provincial regulatory bodies, REA Cooperative
boards and U S Environmental Protection Agency review boards on all aspects of utility cost of
service, ratemaking, and rate design
DUCI is well qualified to perform the various services necessary to complete a thorough
analysis of the City's unbundling and rate design issues DUCI's personnel have the extensive,
current and relevant utility rate regulation expenence necessary to review the accounting,
engineering and economic issues reflected in the City s request In addition, Messrs Pous and
Lawton have been involved in more than 200 different utility rate regulation proceedings and,
moreover, have been project leader, negotiator and/or expert witness for the vast majonty of such
engagements
As shown on the resumes of Mr Lawton and Mr Pous they are very familiar with these
types of issues As DUCI has been involved in numerous similar past reviews, DUCI has an
excellent understanding of the numerous underlying methods, procedures and theories that most
likely will be needed to perform the necessary studies
DUCI's pnor expenence is set forth in Part I of this proposal Based in part on this prior
experience, DUCI has set forth in Part II of this proposal its understanding of the scope of work
necessary for this case DUCI has further enumerated in Part II a detailed plan of action to complete
the necessary tasks associated with a comprehensive rate review in a timely and cost efficient
%lttac.l'�maw-t'
manner
Bas rOtt our understanding of the Company's prior practices, DUCT has set forth in Part III
an eshm9t , pince,of $16,625 to complete Task Ain the proposal This price includes all out -of•
pocket ex s, but does not include the charges associated with any services or expenses that have
or will be defined as additional services Also included in Part III is a breakout to complete Task
B included in the proposal DUCI has set forth an estimated total cost of $10,000 to prepare for and
attend the 8 meetings It is our intent and desire to provide the City with the highest quality analyses
and work product at the most economical cost DUCI is prepared to modify the scope of service and
corresponding costs in order to meet any appropriate changes proposed by the City
As can be seen from the resumes in Part I of this proposal, the personnel who will be
available to the City for the analyses, discussions and educational meetings have substantial
experience in the areas of cost of service for electric, gas, water, and other types of utilities These
staff members also have experience to rate design analyses, cost allocations, corporate auditing, as
well as substantial experience with regard to review of revenue requirement issues DUCT personnel
have testified before various regulatory commissions and are very well experienced in working with
electric utilities
We would like to thank you for allowing DUCI to submit this Proposal We are prepared
to commence work on this project immediately upon selection, and would complete the project in
a timely and efficient manner Should you have any questions with regard to this proposal or other
matters, please feel free to contact Dan Lawton at (512)257-2600
Sincerely,
Diversi ed Utility Consultants, Inc
Enclosure
PART I - QUALIFICATIONS
General Description
Prior Experience
Individual Experience
Personnel
Reference List
PART II • WORK PLAN
Project Summary
Tasks
Additional Services
PART III - PRICE PROPOSAL
General
Manpower
Materials, Supplies and Other Iterntted Direct Costs
E'
4
5
6
6
7
i
PART
QUALIFICATIONS
Central Power & Light Co (5)
Northwestern Utilities Limited (2)
Gulf State Utilities (7)
Perdenales Electric Cooperative
Mid Systerns Energy Resources, Inc
Public Service Company of Oklahoma
Hawahan Electric Company
Southwest Gas
Centra Gas Alberta Inc
Public Service Indiana
City of North Little Rock Electric
South Carolina Electric & Gas (3)
United Irrigation District
Nova Gas Transrmssion Lumted
Northwest Power Corporation
Edmonton Power (2)
El Paso Electric Co (3)
Southern Union Gas Company (7)
West Texas Uttltties (2)
Engeras Company (4)
Southwestern Public Service Cc (4)
Indiana Gas Company
Lower Colorado River Authority (2)
Westar Gas Transmission Cc
Louisiana Power & Light Cc
Rio Grande Gas Company
Texas -New Mexico Power Co (3)
Entex Gas Company (2)
Texas Utilities Electric Co (2)
Lone Star Gas Company (5)
Southern Califorma Edison Electric
United Cities Gas Company
Florida Power & Light Co
Centra Gas Limited
Devers Canal System (2)
City of Austin (5)
Maine Yankee Atomic Power Co (2)
Indianapolis Water Company
Carolina Power & Light Co
City of Round Rock Texas Water System
Sierra Pacifle Power Co (4)
Scenic Oaks Water Supply Co
Montana Power Company (3)
United Irrigation District
Nevada Power Company (2)
Hidalgo County Irrigation District
Indiana Michigan Power Company
Canadian Western Natural Gas Company
Alberta Power Lunited (3)
Southern Utilities Company
TransAlta Utilities (3)
El Paso County WCID-Wesrway
Magic Valle flectric Coo ranve
Travis Coun WCID-#2A
2
PART
QUALIFICATIONS
PART
l 11 I A I IFICATIONS
GENMAL DESI-R1f11IIN
DUCI ib inwrpurdted In the State of Texas and provides service% to hnth a national and
international client base DUCI waa fuunal on November 26, 1986, by the two principals of the
firm, Mr Jacob Potts and Mr Daniel 1 Lawton Both punt.ipaia of ttic firm have extensive utility
regulatory backgrounds, having worked for a public scrvicc commission and an etet,uic utility
company, as well as an international utility consulting firm representing the public (non-mvestoi
owned) utility sector Utl( I's clients are predominantly governmental entities
Since it's nit.cptwu, DUCI hab expanded its operation The current %tatt has obtained
amongst them 7 undergraduate and gtaduatc de)4rees in engineering accounting, economics,
business and law The firm has an extensive microcomputet bybtciu to dbbist it in the performance
of tasks and cornmumcation with clients as necessary to complete any engagenicut where such
capainhhes are required
The relevant corpoi ate enpeuc it c of DUCI to analyzing a utility s rate filing is aihstanttal
During the last twelve (12) years DUCI has been dit"tly involved to the following rate cases or
rate -related investigations (the figure w ithin the "()" indicates dillcicut cnkdKements)
PART I
QUALIFICATIONS
The professional personnel assigned to this project are as follows
Dan Lawton
Jack Pous
Sara Coleman
Ruth Runyon Wenzel
The resumes of these individuals are provided at the end of this section In addition to the
resumes, a listing of prior cases in which testimony has been presented is provided
The primary work assignments for each individual are as follows
Dan Lawton, a principal in DUCI, with an undergraduate and graduate degree in economics
and a law degree, will be responsible for directing analyses of the unbundling and rate design
Jack Pous, a principal in DUCI, with an undergraduate degree in engineering and a masters
in management, will be responsible for directing analyses of engineering and accounting issues Mr
Pous will conduct the workshops discussed in Task B of your proposal to the City Council and
Public Utilities Board on the development of the study, sale of generating units, Senate Bill 7 and
the outcomes of workshops held by the PUCT regarding distribution tariffs
Sara Coleman and Ruth Runyon Wenzel, Certified Public Accountants with undergraduate
degrees in business administration, will be responsible for analyzing accounting issues
4
.,,., - . e W "vq awu
More important than the overall number of cases in which Messrs Pous and Lawton have
been engaged is the type and level of involvement The roles and duties of each of the project
leaders in tlus proposal have been as project leader, actual negotiators and/or as expert witnesses in
the vast majority of these cases, and exclusively in these roles and positions in all cases undertaken
in the past twelve (12) years Most of these cases involved the review and analysts of utilities' cost
of service issues, depreciation studies, cost of capital, and rate design issues
We believe that the above noted information details DUCI's qualifications to analyze and
assist the City of Denton in its Unbundling and Rate Design Services Further confirmation of
DUCI's qualifications can be obtained from a review of the following professional resumes and
testimony listings of the key individuals assigned to this project, as well as by contacting the
references included to this section of the proposal
3
PART I
QUALIFICATIONS
The professional personnel assigned to this project are as follows
Dan Lawton
Jack Pous
Sara Coleman
Ruth Runyon Wenzel
The resumes of these individuals are provided at the end of this section In addition to the
resumes, a listing of prior cases to which testimony has been presented is provided
The primary work assignments for each individual are as follows
Dan Lawton, a principal in DUCI, with an undergraduate and graduate degree in economics
and a law degree, will be responsible for directing analyses of the unbundling and rate design
Jack Pous, a principal in DUCI, with an undergraduate degree in engineering and a masters
in management, will be responsible for directing analyses of engineering and accounting issues Mr
Pous will conduct the workshops discussed in Task B of your proposal to the City Council and
Public Utilities Board on the development of the study, sale of generating units, Senate Bill 7 and
the outcomes of workshops held by the PUCT regarding distribution tariffs
Sara Coleman and Ruth Runyon Wenzel, Certified Public Accountants with undergraduate
degrees in business administration, will be responsible for analyzing accounting issues
PART
QUALIFICATIONS
la almost all cases listed above, expert testimony was filed in the rate proceeding before a
state, provincial, or Federal regulatory agency DUCI and/or its personnel have relied upon their
specific and general knowledge of the utility operation involved, including gas distribution systems
The key personnel involved in the above cases are those assigned to this project
The two project leaders, Messrs Pous and Lawton, have analyzed well in excess of 200
different rate filings of utility companies within the past 12 years In addition, the number of
municipal, cooperative and/or state agency rate filings either developed and/or reviewed,
substantially increases the number of rate -related engagements in which Messrs Pous and Lawton
have participated
More important than the overall number of cases in which Messrs Pous and Lawton have
been engaged is the type and level of involvement The roles and duties of each of the project
leaders in this proposal have been as project leader, actual negotiators and/or as expert witnesses in
the vast majority of these cases, and exclusively in these roles and positions in all cases undertaken
in the past twelve (12) years Most of these cases involved the review and analysis of utilities' cost
of service issues, depreciation studies, cost of capital, and rate design issues
We believe that the above noted information details DUCI's qualifications to analyze and
assist the City of Denton in its Unbundling and Rate Design Services Further confirmation of
DUCI's qualifications can be obtained from a review of the following professional resumes and
testimony listings of the key individuals assigned to this project, as well as by contacting the
references included in this section of the proposal
PART
QUALIFICATIONS
]a PEER FA1,.1�' IJS-T
The following list of references Is comprised of individuals thoroughly familiar with DUCrs
professional qualifications and capabilities Each of these individuals can attest to our ability to meet
tight deadlines while still providing a supenor work product
Mr Merril Nunn
Mr Norman Gordon
City Attorney
Diamond Rash
City of Amarillo
300 E Main Street
P O Box 1971
7th Floor
Amarillo, Texas 79186
El Paso, Texas 79901
(806)378-3000
(915)533-2277
Mr Harry Wright Mr Jim Boyle
City Attorney Law Offices of Jim Boyle
City of Port Neches 1005 Congress Ave
1221 Duncanville Street Ste 550
Port Neches, Texas 77651 Austin, Texas 78701
(409)722-0486 (512)474-1492
Mr Dave Cook
John Michael Adrogna, Esq
City of Dallas
Miller, Balis & O'Neil, P C
City Controllers Office
1101 14th Str, , N W #1400
Revenue and Taxation Division
Washington, D C 20005
1500 Marilla 2BS
(202)789-1450
Dallas, Texas 75201
(214)670-3442
Mr Jim Horwood Mr J Alan Bryan
Spiegel & McDiarmid 2600 Manulife Place
1350 New York Avenue, N W 10180-101 Street
Washington D C 20005 Edmonton, Alberta T6J 3Y2
(202)879.4003 (403)423-5730
5
DANIEL J. LAWTON
PRINCIPAL, DIVERSIFIED UTILITY CONSULTANTS, INC
B A. ECONOMICS, MERRIMACK COLLEGE M.A ECONOMICS, TUFTS UNIVERSITY
Pnor to beginning his own consulting practice, Diversified Utility Consultants, Inc , in 1986,
Mr Lawton had been in the utility consulting business with a national engineering and consulting firm
In addition, Mr Lawton has been employed as a senior analyst and statistical analyst with the
Department of Public Service of Minnesota Prior to Mr Lawton's involvement in utility regulation
and consulting he taught economics, econometncs, statistics and computer science at Doane College
Mr Lawton has conducted numerous financial and cost of capital studies on electric, gas and
telephone utilities for vanous intervenors before local, state and federal regulatory bodies In addition,
Mr Lawton has provided studies, analyses and expert testimony on statistics, econometrics,
accounting, forecasting, and cost of service issues Other projects in which Mr Lawton has been
involved include rate design, analyses for electric, gas and telephone utilities Mr Lawton has
developed software systems, data bases and management systems for cost of service analyses
In addition, Mr Lawton has developed and reviewed numerous forecasts of energy and demand
used for utility generation expansion studies as well as municipal financing Mr Lawton has
represented numerous murucipalities as a negotiator inutility related matters Such negotiations ranged
from the settlement of electric rate cases to the negotiation of provisions in purchase power contracts
A list of cases in which Mr Lawton has provided testimony is attached
JACOB POUS, P E PRINCIPAL,
DIVERSIFIED UTILITY CONSULTANTS, INC
V B S INDUSTRIAL ENGINEERING M.S MANAGEMENT
I graduated from the University of Missouri in 1972, receiving a Bachelor of Science Degree
in Engineering, and I graduated with a Master of Science in Management from Rollins College in
1980 I have also completed a.series of depreciation programs sponsored by Western Michigan
University, and have attended numerous other utility related seminars
Since my graduation from college, I have been continuously employed in various aspects
of the utility business I started with I(ansas City Power Sc Light Company, working in the Rate
Department, Corporate Planning and Economic Controls Department, and for a short time in a
power plant My responsibilities included preparation of testimony and exhibits for retail and
wholesale rate cases I participated in cost of service studies, a loss of load probability study, fixed
charge analysis, and economic comparison studies I was also a principal member of project teams
that wrote, installed, maintained, and operated both a computerized series of depreciation
programs and a computerized financial corporate model
I joined the firm of R W Beck and Associates an international consulting engineering firm
with over 500 employees performing predominantly utility related work in 1976 as an Engineer
in the Rate Department of its Southeastern Regional Office While employed with that firm I
prepared and presented rate studies for various electric gas water, and sewer systems prepared
and assisted in the preparation of cost of service studies, prepared depreciation and
decommissioning analyses for wholesale and retail rate proceedings, and assisted in the
development of power supply studies for electric systems I resigned from that firm in November
1986 in order to co-found Diversified Utility Consultants, Inc At the time of my resignation, I
held the titles of Executive Engineer, Associate and Supervisor of Rates in the Austin office of R
W Beck and Associates
As a principal of the firm of Diversified Utility Consultants, Inc , I have presented and
prepared numerous electric, gas, and water analyses in both retail and wholesale proceedings
These analyses have been performed on behalf of clients, including public utility commissions
throughout the United States and Canada
I have been involved in over 100 different utility rate proceedings, many of which have
resulted in settlements prior to the presentation of testimony before regulatory bodies
I am registered to practice as a Professional Engineer in the states of Florida Texas
Mississippi, North Carolina Arizona, New Mevco, Ark.uisati Ol.lahonia and Louv Tana
SARA 41 COLEMAN, C.P.A.
DIVERSIFIED UY'ILITY CONSULTANTS, INC.
B B.A. - ACCOUNTING
I graduated from the University of St Thomas in 1990, receiving a Bachelor of
Business Administration in Accounting I am a Certified Public Accountant licensed to
practice in the State of Texas I am a Diplomate of the American Board of Forensic
Examiners I have also attended utility related seminars including the "Annual
Regulatory Studies Program" sponsored by the National Association of Regulatory
Utility Commissioners and administered by Michigan State University's Graduate
School of Business
I began working for the public accounting firm of Arthur Andersen tx Company
in Houston, Texas in July 1990 During my employment with Arthur Andersen 5L
Company, I provided financial and audit services to public and private corporations My
responsibilities included all aspects of financial reporting, financial statements and
footnote preparation This included evaluation of compliance with technical
requirements and the Security Exchange Commission's reporting regulations At the
time of my resignation, I was an Experienced Senior Auditor
In July 1993, I joined the Public Utility Commission of Texas as a Regulatory
Accountant While employed at the Public Utility Commission of Texas, I reviewed and
analyzed various utility applications as they related to accounting issues My
responsibilities also included preparing and testifying on accounting issues in various
utility hearings I resigned from the Public Utility Commission of Texas in December
1996 I have been involved in several rate proceedings, many of which have resulted in
settlements prior to the presentation of testimony before regulatory bodies
I joined the firm of Diversified Utility Consultants, Inc as a Senior Consultant
My responsibilities include analyzing regulatory issues in various utility rate proceedings
A list of cases in which I have provided testimony is attached
RUTH RUNYON WENZEL, C P A
BBA, ACCOUNTING
Ms� Wenzel received a Bachelor of Business Administration degree with a major
in Accounting from the University of Texas at Austin in 1981 She is a Certified Public
Accountant licensed to practice in the State of Texas and has attended continuing
professional education courses sponsored by the Texas Society of Certified Public
Accountants
In January 1982, Ms Wenzel began employment with the public accounting
firm of Gibson, Johnson & Co She was involved in areas of taxation, auditing and
management advisory services In 1986 she joined the firm of Gibson, Melvin &
Paddock where she continued her public accounting practice
In 1987 Ms Wenzel was employed by the Public Utility Commission of Texas
as a regulatory accountant Her responsibilities with the Texas Commission included
preparation and analyses of studies involving cost of service issues related to rate
proceedings of electric utilities She served as a testifying witness on behalf of the
Commission through 1994
Ms Wenzel began employment with Diversified Utility Consultants Inc rit
June, 1994 where she has participated in the analysis of numerous utility rate
proceedings before both state and federal regulatory authorities
A list of cases in which Ms Wenzel has provided testimony is attached
.1
PART I1
WORK PLAN
X
The scope of services necessary to properly investigate the numerous and complex financial,
economical, unbundling, rate design, and accounting issues requires a consultant that has previously
and successfully performed many similar analyses This concept of extensive prior specific
experience is crucial in this particular situation due to the fundamental changes that are occurring
in the utility industry and the City of Denton specifically
The series of tasks delineated in this section of the proposal reflect what DUCT believes is
necessary to comply with a review of the City of Denton's unbundling and rate design issues and
advice on the proper regulatory positions in the changing regulatory environment Also to make
recommendations and provide educational discussions with the City Council and the Public Utilities
Board regarding the rate design study, asset sales, Senate Bill 7, and deregulation in the industry
Specifically, how these issues effect the City of Denton
Once notified of selection by the City, a detailed review of the City's unbundling and rate
design and available current financial information will be conducted and discussed with the staff and
officials of the City The City will provide its revenue requirement and billing determinant
frequency, by class The following is a general outline and synopsis of the major tasks that we
V anticipated by the City in performing a comprehensive analysis for Task A to the proposal
TASK A
MAN HOURS
DESCRIPTION
1
42
Review and make recommendation, on the Citys final revenue requirement
2
26
Review and utilize R W Beek s unbundling study and review revision with City
3
64
Rate Design for Genco, Transco, Disco and Provider of Last Resort (PLR) Services
Review of Ctty's existing revenue requirement and a review of historical and pro forma
adjustments to the revenue requirement Propose necessary adjustments to be compliant with current
regulatory requirements of the City
Review prior year unbundling study and make adjustments where necessary Throughout
the process, keep the staff informed
PART II
P WORK PLAN
I
Develop and analyze the price analysis and rate design alternatives and develop a rate design
for the City taking into account the competitive changes taking place in the industry
DUCI will provide the various workshops and presentation services delineated in Section B
of the proposal
DUCI will provide additional services as requested by the City Additional services may
include, but are not limited to additional analyses, additional copies, attendance at additional
meetings Charges for these services are not included in the cost estimate set forth herein
Additional services will be charged at the hourly rates for the individual personnel set forth in Part
III, plus out-of-pocket expenses Requests for additional services of an,* member of DUCI should
be made in written form, if time constraints permit
7
PART III
PRICE PROPOSAL
DUCT proposes to be compensated on an hourly fee basis plus reimbursement for all out-of-
pocket expenses reasonably incurred DUCT proposes to invoice the City on a monthly basis for
services rendered and all out-of-pocket expenses incurred during that month
The tables at the end of tlus Part sets forth the personnel, hourly fees and estimated number
of hours for each individual who will participate in this project DUCI recognizes the City's need
to schedule public meetings and DUCT will attend such meetings at a mutually agreed to time and
date
The tables at the end of this Part lists the various non -labor related costs anticipated to be
incurred in the prosecution of this project
PART III
PRICE PROPOSAL
MANPOWER AND COST REQUIREMENTS
TO PROVIDE REVIEW OF
CITY OF,DCNTON'S UNBUNDLING AND RATE DESIGN
4N BEHALF OF THE CITY OF DENTON
COLEMANr
LAWTON
PODS
WENZEL
TOTAL TOTAL
TASK
a1201h
1132511r]
3112541Q
HOURS AMOUNT
1
24
8
10
42 Y5 000
2
16
10
0
26 $3,250
3
A$
H
a
65 S7 97S
Hours
88
27
18
133
Amount
71
&=
St 800
$IEL
ESTIMATED EXPENSES -TASKA
Pnnting $300
Postage & Delivery $75
Phone $ZS
Total Expenses 3.i.s4
GRAND TOTAL - TASKA E16 625
LABOR REQUIREMENTS - TASK B
PODS/
LAWTON TOTAL
IASK M1 51hrl AMOUNT
Six Meetings 68 $8,125
ESTIMATED EXPENSES - TASK B
Printing $150
Postage $30
Transportation $245
Hotel & Meals 3250
Air Travel
Total Expenses 31.875
GRAND TOTAL - TASK A f1D o00
GRAND TOTAL - TASKS A & B x Y,
,r
DIV79R9TFIED UTILITY
,p'00NSULTANT9. INC
' SC1;D ROX= D1Ct M SV=110 AVOTtd Tx 7a799
TRtJWWOws; 16321999.9999 PAZ 45109049.9
August 18, 1999
Cheryl Davenport, C P A
Utility Rate Administrator
901-A Texas Street
Denton, Texas 76201
RE Amended Proposal to Review and Perform City of Denton's Unbundling
Stj v and Rate Design Analysis
Dear Ms Davenport
Per our telephone conversation earlier this week, DUCI is submitting this
amended, proposal to the City of Denton ("City") to include the following additional
services that we discussed
The following is a general description of additional services to be performed in
Task A
• Task 4 - A Production Cost Model will be developed if generation
or production ("GENCO") rates are required to be calculated The
Production Cost Analysis will review the optimal supply mix to
City power supply costs This analysis will assist the City in
budgeting for its power supply in the competitive environment
This analysis is estimated at 100 hours of labor time
• Task S - Development of the City Rate Design and Pricing Analysis
using the developed revenue requirement This database, based on
the City's historical bill frequency, will be used to analyze various
rate design "demand tilts" in con)unction with the unbundled
revenue requirement by functionalized costs and rate classes This
is estimated at 120 hours
• Initial consultation with the City regarding detailed scope of each
A-ftax"-f
r
task and development of information required to be provided by the
City to the consultants for each task, This is estimated at 16 hours
In DUCI's original proposal, it estimated 6 meetings for Task B Given that the
City Council and Regulatory Board meet on different days, DUCI has included an
additional 6 meetings as requested per our discussion Based on our understanding of
the City s request, DUCI has set forth as Alternative B, its price proposal to include
these additional services DUCI has estimated a price of $45,000 to complete Task A
and a price of $20,000 to complete Task B
These are only meant to provide a general outline of DUCI's analysis I hope this
has provided enough detail for the additional services we discussed on the phone
Once again we would like to thank you for allowing DUCI to submit this Proposal
to the City We are prepared to commence work on this project immediately upon
selection, and would complete the project in a timely and efficient manner Should you
have any questions with regard to this proposal or other matters, please feet free to
contact Dan Lawton at (512)257-2600
Sincerely,
kversifi d Utility Consultants, Inc
0
y M
< <
p, NiLoo
AND COS 6@;gy1RWENTS
�VNOFCITY Oh bUNSUNOUp * AND RATE DESIGN
ItF OF THE 017 Y OF DENTON
ALTERNATIVE 0
LARORREQUIREMENTS . TASKA
OLEMAW
LAWTON PODS WENZEL TOTAL TOTAL
SASK (5j2UW t9728MRi 11100MR1 HOURS AMOUN.I
1 24 5 to 42 $500
2 16 10 0 25 $3 260
3 45 S S 54 $718W
4 60 20 20 100 $12,000
5 60 40 20 120 i14 500
Initial Consult 16 0 a JA 52.000
Hours 224 w 58 30
AmaW 12R 000 110 7SO Lum S4A.5W
Pnr&w S300
Postage & Delivery $75
Phone $76
TOTALEXPENSES um
GRAND TOTAL . TA$K A SAS 000
t AROR REQUIREMENTS . TASK R
POUS/
LAWTON TOTAL
IASK (3125MR) AMOUNT
WsWe Meetvge 116250
Hours 130
Amain i1$2SG S16250
PART III
RICE PROPOSAL
CopylPrintirg
5350
TrarnpaWion - Tw" Meetings
5500
Hotel 6 Me& - Twat" Meetings
SSW
Air Tn" - Twewe Meetings
$2 40D
TOTALEXPENSES
53760
GRAND TOTAL - TASK 0
920.000
GRAND TOTAL - TA41K A A 13
Upw