2001-084FILE REFERENCE FORM [ 2001-084 ]
Additional File Exists
Additional File Comains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Task Order No. 01-B approved by Ordinance No. 2001-145 04/03/01
Task Order No. 01-C approved by Ordinance No. 2001-229 07/17/01
Task Orders no. 02-A and 02-B approved by Ordinance No. 2002-077 03/26/02
First Amended Task Order No. 02-B approved by Ordinance No. 2002-317 09/17/02
NOTE Task Order No. O1-B approved by Ordinance No 2001-145
NOTE Task Order No. O1-C approved by Ordinance No 2001-229
NOTE. Task Orders No. 02-A and 02-B approved by Ordinance No 2002-077
O INANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R J
COVINGTON CONSULTING FOR CONSULTING SERVICES RELATING TO THE
DENTON MUNICIPAL ELECTRIC UTILITY, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to engage the firm of R J
Covington Consulting, of Austin ("Covington"), to provide consulting services to the City
relating to the Denton Municipal Electric Utility, lnclud~ng, without limitation, support activities
in the City's transmission cost of service ("TCOS") penthng at the Public Utility Commmmon of
Texas, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described professional 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
profesmonal services on the basis of competitive bids, but must select the provider on the basra of
demonstrated competence, knowledge, and qualifications, and for a fmr and reasonable price,
and
WHEREAS, the City Council has provided m the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
ECTI~ That the City Manager is hereby authorized to execute a Professional
Services Agreement with R J Covington Consultmg, of Austin, Texas, for profesmonal
consulting setvxees relating to the Denton Mummpal Electric Utility, in substantially the form of
the Professional Services Agreement attached hereto and incorporated herewith by reference
ECTI~ That the award of tins Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Covington and the ability of
Covington to perform the professional services needed by the City for a fmr and reasonable
price
ECTI~ That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authonzed
SECTION 4 That this ordmanee shall become effective lmme&ately upon its passage
and approval
PASSED AND APPROVED th~s the r~2~ day of ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Doet~ments\Ordmanees\01\C°vm8t°n Consulting PSA DME Ord doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES RELATING TO
THE DENTON MUNICIPAL ELECTRIC UTILITY
THIS AGREEMENT is made and entered into as of the ~d~ day of ~z~, 2001, by
and between the City of Denton, a Texas Mumclpal Corporation, w~th its pnnclpal dffice at 215
East McKmney Street, Denton, Texas 76201 ("CITY"), and R J COVINGTON CONSULTING
with its pnnmpal office at 13276 Research Blvd, Suite 201, Austin, Texas 78750, hereafter
"COVINGTON", acting herein by and through their duly authorized representatives
WlTNESSETH, that m consideration of the covenants and agreements herein contained, the
CITY and COVINGTON do hereby AGREE as follows
ARTIC!.F~ I
EMPLOYMENT OF CONSULTANT
The CITY hereby contracts with COVINGTON, as an independent contractor, and
COVINGTON hereby agrees to perform the services herein in connection with the Scope of
Services as stated m the Articles to follow, with diligence and in accordance with the tnghest
professional standards customarily obtained for such services ~n the State of Texas
ARTICT .~ II
SCOPE OF SERVICES
A COVINGTON shall provide to the CITY professional consulting setvmes pertmmng to the
development and fihng of the CITY'S transmission cost of service (TCOS) COVINGTON
will assist CITY Staff in preparation of the rate-fihng package COVINGTON will also
work with Staff in the development of suppomng pre-filed testimony and exhibits, and will
present testnnony if so directed COVINGTON will work with the CITY'S attorneys and
Staff to respond to Requests For Information (RFI's), review opposing testimony filed by
~nterveners, develop rebuttal testimony, assist in development of briefs, and will meet with
Staff of the Public Utthty Commission of Texas ("PUC") and lntervemng parties as needed
to support the CITY'S TCOS Details of these and related tasks to be provided under ttus
Agreement are set forth in Task Order 01-A
B This shall serve as a Master Agreement and may be amended in the future by the execution of
such other and further Task Orders, as shall be authorized by the Pubhc Utlhtles Board and
the Clty Council
C To consult with the City Manager, Assistant City Manager/Utthtles, the Director of Electric
Utilities, the City Attomey, and other designated admlmstranve personnel regarding any and
all aspects of the services to be performed pursuant to tlus Agreement
ARTTCI,E TIT
PERIOD OF SERVICE
Ttus Agreement shall become effective upon execution by both the CITY and
COVINGTON, end shall remaan an force continuously until December 31, 2002 Thas Agreement
may be sooner tenmnated m accordance wath the prowslons hereof T~me as of the essence ~n ti'ns
Agreement COVINGTON shall make all reasonable efforts to complete the servaces set forth
here~n as expeditiously as possable and to meet the schedule establashed by the CITY, acting
through ats Caty Manager or ats D~reetor of Electric Utthtaes
ARTTf~I ~F, TV
COMPENSATION
A COMPENSATION TERMS
"Dareet Non-Labor Expense" is defined as that expense for any assagrunent ~ncurred by
COVINGTON for supphes, long-distance telephone, telecop~er, reproductaon expense,
overmght couner, photocopy expense, transportataon, travel, eommunlcaUons, subsastence
and lodgang away from home and saunlar ~nc~dental expenses reasonably ~ncurred an
conneeUon wath that assignment
B BILLING AND PAYMENT
1 For and an consideration of the professaonal services to be performed by COVINGTON
hereto, the CITY agrees to pay COVINGTON, a total fee, ~nclud~ng reimbursement for d~rect
non.labor expense, not to exceed $80,000
2 Any adchtlonal Task Orders that shall be later authorized by the Pubhc Utthtaes Board
and the C~ty Councal, shall have a separate budget for professional servaces and expenses
assocmted wath such Task Order
3 The fee for the servaces desenbed ~n ti'ns Agreement to be performed by COVINGTON
are to be balled the rates as set forth an Exlubat A attached hereto and incorporated herewath
by reference Bflhng shall be reported an m~mmum one-quarter (1/4) hour mcrements
4 Payments to COVINGTON will be made by the CITY on the bas~s of detailed monthly
statements rendered to and approved by the CITY through ats C~ty Manager or the Darector of
Electric Utflat~es However, under no c~rcmnstances shall any monthly statement for servaces
exceed the value of the work performed at the t~me a statement is rendered
5 Nottung contained an flus Article shall reqmre the CITY to pay for any work wluch ~s
unsatisfactory as reasonably deternuned by the C~ty Manager or the Darector of Electric
Utilities, or which as not submitted m comphance with the terms of flus Agreement The Caty
shall not be required to make any payments to COVINGTON when COVINGTON ~s m
default under flus Agreement
Page 2
6 It is specffically understood and agreed that COVINGTON shall not be authorized to
undertake any work pursuant to ttus Agreement which would reqmre addmonal payments by
the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee
as stated, without first having obtained written authorization from the CITY
C PAYMENT
If the CITY fmls to make payments due COVINGTON for services and expenses wlttun
forty five (45) days after receipt of COVINGTON'S undisputed statement thereof, the
amounts due COVINGTON will be increased by the rate of one percent (1%) per month from
the said forty-fifth (45th) day, and m addmon, COVINGTON may, after giving ten (10) days'
written notme to the CITY, suspend services under tlms Agreement until COVINGTON has
been prod in full all amounts due for services, expenses and charges provided However,
notlung here~n shall reqmre the CITY to pay the late charge of one percent (1%) set forth
hereto if the CITY reasonably determines that the work of COVINGTON is unsatisfactory, ~n
accordance with tlus Article IV, Compensation
ARTICT ,F~ V
OBSERVATION AND REVIEW OF THE WORK
COVINGTON will exercise reasonable care and due dlhgence ,n d~scovenng and promptly
report,ng to the CITY any defects or deficiencies m his work or the work of any subconsultants
performed hereunder
,~R TTCI .I~. VT
OWNERSHIP OF DOCUMENTS
All documents, analyses and other data prepared by COVINGTON under th~s Agreement ("Work
Products") are instruments of sermce and are and shall remain the property of CITY
COVINGTON shall have the right to make and retmn copies and use all Work Products, promded,
however, the use shall be hmlted to the intended use for wtuch the services and Work Products are
provided under tbas Agreement COVINGTON may use and may copyright certain non-senslt, ve
Work Products as property of COVINGTON, provided that prior written approval ,s obtmned from
CITY, whose approval shall not be unreasonably w~thheld, and providing that copywnt~ng will not
restrict CITY'S right to retmn or make copies of the Work Products for Its reformation, reference
and use on the Project or serwces under the Agreement
The Work Products shall not be changed or used for purposes other than those set forth in tlus
Agreement without the prior written approval of COVINGTON If CITY releases the Work
Products to a third party without COVINGTON'S prior written consent, or changes or uses the
Work Products other than as intended hereunder, CITY does so at ~ts sole risk and d~scretlon and
COViNGTON shall not be liable for any clmms or damages resultmg from or connected with the
release or any tlurd party's use of the Work Products
Page 3
ARTICI,g', VII
iNDEPENDENT CONTRACTOR
COVINGTON shall provide services to the CITY as an independent contractor, not as an
employee of the CITY COVINGTON shall not have or claim any right arising from employee
status
~,RTTC1,1~, VIII
INDEMNITY AGREEMENT
COVINGTON shall indemmfy and save and hold harmless the CITY and its officers, agents,
and employees fi:om and agmnst any and all habfllty, clmms, demands, damages, losses and
expenses, mcluchng but not lmalted to court costs and reasonable attorney's fees incurred by the
CITY, and including wtthout hm]tauon, damages for bodily and personal mjury, death and property
damage, and damage for professional malpractice resulttng from the neghgent acts or omlss~ons of
COVINGTON or any subconsultants, m performance of flas Agreement CoVINGTON'S habIhty
under flus Article VF[[ ~s expressly lumted to the Innit of COVINGTON.S insurance as set forth tn
Article IX
Notbang m tins Agreement shall be construed to create a habthty to any person who is not a
party to flus Agreement and noflung here~n shall waive any of the party's defenses, both at law or
equtty, to any claim, cause of actton or lmgation filed by anyone not a party to tbas Agreement,
mcluchng the defense of governmental unmunlt~, wl~ch defenses are hereby expressly reserved
~,RTTC, T ,1R TX
INSURANCE
During the performance of the Services under flus Agreement, COVINGTON shall mmnta~n
the following tnsurance w~th an insurance company hcensed to do bustness m the State of Texas by
the State Insurance Commtss~on or any successor agency that has a rating with Best Rate Carriers
of at least an "A-" or above
A Comprehensive General L~abfl~ty Insurance w~th bodily tnjury hmtts of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and wtth property
damage hmtts of not less than $100,000 for each occurrence, and not less than $100,000 tn
the aggregate
B Automobile Ltabihty Insurance with bodily tnjury hm~ts of not less than $500,000 for each
person and not less than $500,000 for each accident, and with property damage hmtts of not
less than $100,000 for each acctdent
C Workers Compensatton Insurance tn accordance wtth statutory requtrements and Employers
Liabthty Insurance wtth hmtts of not less than $100,000 for each accident
D Professional Llabthty Insurance wtth pohcy hmlts of not less than $1,000,000 annual
aggregate
Page 4
E COVINGTON shall furmsh ansurance certfficates or ansurance pohmes at the CITY's request
to credence such coverages The insurance pohcaes shall name the CITY as an addataonal
insured on all such pohcaes to the extent legally possable, and shall contain a provasaon that
such insurance shall not be canceled or modffied w~thout tl'nrty (30) days prior written notme
to CITY and COVINGTON In such event, COVINGTON shall, prior to the effective date
of the change or cancellataon, dehver substitute pollmes fumash~ng the same coverage to the
CITY
AR TIC. I ,g, x
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties agree to settle any dasputes under flus Agreement by submattang the d~spute to
arbatraUon or other means of alternate rhspute resolution such as medmtlon No arbitration or
alternate daspute resolutaon ansang out of or relatang to, thru Agreement lnvolwng one party's
disagreement may anclude the other party to the d~sagreement without the other's approval
ARTICI,F~ ~(T
LI/VlITATION OF LIABILITY
To the extent perrmtted by law, the total habthty of COVINGTON to CITY for any and all cleums
ansang out of flus Agreement, whether caused by negligence, errors, omassaons, strict habflaty,
breach of contract or contnbutaon, or mdemmty clmms based on thtrd-party clmms, shall not exceed
one mflhon dollars ($1,000,000)
AR TTC. 1.1~.
CONSEQUENTIAL DAMAGES
In no evont and under no circumstances shall COVINGTON be hable to CITY for any anterest, loss
of anticipated revenues, earmngs, profits, or ancreased expense of operations, or for any
consequont~al, mdarect or specaal damages
ARTICI .F. XIIT
PROFR.q.qION AT, .qTANDARDS
COVINGTON wall perform services under flus Agreement wath the degree of skill and dflagence
normally practiced by professaonal engineers or consultants performang the same degree of similar
servaces No other warranty or guarantee, expressed or amphed, as made wath respect to the servtces
furmshed under fi-ns Agreement and all ~mphed warrantaes are dasclmmed
AR TTC. I .F,
TERMINATION OF AGREEMENT
A Notwlthstanchng any other provmaon of thru Agreement, e~ther party may termtnate this
Agreement by gaving thtrty (30) days advance written notice oftermlnataon to the other party
Page
B Tins Agreement may be terminated in whole or ~n part in the event of either party
substantmlly fmhng to fulfill its obhgatlons under tins Agreement No such termination will
be effected unless the other party is g~ven (1) written notice (delivered by certified mml,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance, and not less than ten (10) bus~ness days m winch to cure the fmlure, and (2)
an opportumty for consultation w~th the terminating party prior to termination
C If thts Agreement ~s terminated prior to completmn of the services to be provided hereunder,
COVINGTON shall mediately cease all services and shall render a final bill for services to
the CITY wltinn 30 days after the date of termmatton The CITY shall pay COVINGTON
for all services properly rendered and sattsfactonly performed and for reimbursable expenses
to termination ~ncurred prior to the date of termination in accordance w~th Article IV,
Compensation Should the CITY subsequently contract w~th a new consultant for the
continuation of services on the ProJect, COVINGTON shall cooperate m providing
information COVINGTON shall mm over all documents prepared or furmshed by
COVINGTON pursuant to tlus Agreement to the CITY on or before the date of termination,
but may mamtmn copies of such documents for ~ts use
ARTTCI .~ XV
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the CITY shall not constitute nor be deemed a release of the responsibility and
liability of COVINGTON, or any sub-consultants of COVINGTON, for the accuracy and
competency of thetr designs or other work product
ARTICI ,F. XVl
NOTICES
All notices, commumcattons, and reports required or permitted under tins Agreement shall be
personally dehvered or mmled to the respective part,es by depos~tmg same m the Umted States mml
at the address shown below, certified mml, return receipt requested unless otherwise specified
herein Mmled nottces shall be sent to the part, es at the following addresses
To COVINGTON To CITY
R J Covington Consulting City of Denton, Texas
Attn Rachard J Cowngton Attn Michael W Jez, C~ty Manager
13276 Research Blvd, Suite 201 215 East McKarmey
Austin, Texas 78750 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is given
or within three days after the date of mathng
Page 6
ARTICI .R XVII
ENTIRE AGREEMENT
Tlus Agreement conslstmg of nme (9) pages 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, commnmcatlons and agreements winch may have been made m
connection with the subject matter hereof
ARTICI .F. ×VTTl
SEVERABILITY
If any provision of flus Agreement is found or deemed by a court of competent jurisdiction to
be lnvahd or unenfomeable, ~t shall be considered severable from the remainder of flus Agreement
and shall not cause the remmnder to be invalid or unenforceable In such event, the party shall
reform this Agreement to replace such stricken provision with a valid and enfomeable pmws~on
which comes as close as possible to expressing the intention of the stricken provision
ARTICI ,I~.
COMPLIANCE WITH LAWS
COVINGTON shall comply wath all federal, state, local laws, roles, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended
^RTICI ,F, xx
DISCRIMINATION PROHIBITED
In performing the services reqmred hereunder, COVINGTON shall not dlscnmmate agmnst
any person on the basis of race, color, rehg~on, sex, national ong~n or ancestry, age, or physical
handicap
A RTTC. I .F, ~ZXT
PERSONNEL
A COVINGTON represents that he has secured, or will secure at his own expense any
additional personnel reqmred to perform all the services required under flus Agreement
Such personnel shall be subconsultants of COVINGTON, and shall not be employees or
officers of, nor have any contractual relations with the CITY COVINGTON shall inform the
CITY of any conflict of interest or potential conflict of interest that may arise dunng the term
of flus Agreement
B All services required hereunder will be performed by COVINGTON or under h~s
supervision All personnel engaged in work shall be qualified and shall be authorized and
permitted under state and local laws to perform such services
Page
ARTT~T,~. ~TT
ASSIGNABILITY
COVINGTON shall not asmgn any interest ~n tins Agreement and shall not transfer any
interest in tlus Agreement (whether by asmgnment, novation or otherwme) w~thout the prior written
consent of the CITY
ARTT~T .~ XXTII
MODIFICATION
NO wmver or modfficatton of flus Agreement or of any covenant, condition, Inmtatton herein
contained shall be vahd unless m writing and duly executed by the party to be charged therewith
and no ewdence of any watver or mochficat~on shall be offered or received ~n ewdence ~n any
proceeding anmng between the part,es hereto out of or affecting tins Agreement, or the rights or
obhgat~ons of the part,es hereunder, and unless such wmver or modfficat~on ~s ~n writing, duly
executed, and, the parttes further agree that the prommons of tins sectmn will not be wmved unless
as here~n set forth
,&R TIC. I .F.. X'XIV
MISCELLANEOUS
A COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final
payment under tlus Agreement, have access to and the right to examine any d~rectly pertinent
books, documents, papers and records of COVINGTON ~nvolwng transactions relating to
tins Agreement COVINGTON agrees that the CITY shall have access dunng normal
worlang hours to all necessary COVINGTON famht~es and shall be prowded adequate and
appropriate working space ~n order to conduct amhts ~n comphance w~th tins section The
CITY shall g~ve COVINGTON reasonable advance not,ce of any ~ntended audits
B Venue of any stat or cause of action under flus Agreement shall he exclumvely ~n Denton
County, Texas Tins Agreement shall be govemed by, and construed ~n accordance w~th the
laws of the State of Texas
C COVINGTON shall commence, carry on, and complete the work reqmred by flus
engagement w~th all apphcable d~spatch, ~n a sound, econommal, effiment manner and ~n
accordance w~th the prowmons hereof In accomphslung the work, COVINGTON shall take
such steps as are appropriate to ensure that the work tnvolved ~s properly coordinated with
related work being camed on by the CITY
D The CITY shall asmst COVINGTON by placing at COV1NGTON's d~sposal all avmlable
tnformat~on pertinent to the work reqmred by tins engagement, mclud~ng prewous reports,
any other data relative to the project and arranging for the access to, and make all pmwmons
for COVINGTON to enter ~n or upon, pubhc and private property as required for
COVINGTON to perform serwces under tins Agreement
E The captions of tins Agreement are for mfonnat~onal purposes only and shall not ~n any way
affect the substantive terms or conditions of tins Agreement
Page 8
IN WITNESS WHEREOF, the Cl~y of Denton, Texas has caused thts Agreement to be
executed tn four original counterparts, by its duly authorized City Manager, and COVE31GTON has
executed ith~s Agreement by its duly authorized officer on thts the ~:~t~c,~ day of
, 2001
"CITY"
CITY OF DENTON, TEXAS
A Mumcipal Corporation
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Ai~ROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"COVINGTON"
R J COVINGTON CONSULTING
Pochard J Cc~lngton,~resld
ATTEST
Page 9
ATi'ACHMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON AND
R J COVINGTON CONSULTING
TASK ORDER NO 01-A
Transmlssion Cost of Service Filing
Work provided for m this Task Order m for R J Covington Consulting (RJC) to assist the
City m the development and fflmg of a transrmsslon cost of service study (TCOS) at the
Public Ut~ty Comnusslon of Texas (PUC) A fflmg is necessary because of the City's
increased investment m transmission facriliaes and the need to recover those costs
through the ERCOT postage stamp facrilt~es charges Because the rules governing
recovery of transnusslon costs have been changing, the City will have several options to
consider Once a determmataon of the best fflmg option is made, the appropriate frimg
package will need to be prepared and fried with supporting testimony The services
performed by RJC will also include assastance m the preparation of teshmony to support
the frimg and testffymg on issues as chrected by Ctty Staff RJC wril work with the City
m responding to Requests for Informalaon during the discovery phase of the process,
and will work the Staff and the City's attorneys during the hearings to defend the City's
positron against other part~es and the PUC staff
Scope of Services
Task A Determine Strategy And Responsibilities
1 RJC will work with City Staff to determine best strategy for filing by
a revlewmg latest PUC rules
b having chscusslons with City's attorneys and City Staff to review fflmg
optaons
c options mclude consideration of historic vs forecast vs abbreviated filings
d consider tmung strategy for frimg
e consider actions that may be needed from City Council to support costs
d review results of other TCOS filings to evaluate PUC decisions on issues,
particularly other pubhc entttxes' TCOS frimgs that have used the cash flow
method
f review relattve benefits to City of fflmg under cash flow versus rate of return
method
2 Meet m Denton to discuss options with Staff and coordinate assignments to xtutaate
study based on approved approach
Task Order No 01-A
Transnuss~on Cost of Servme Fflmg
Task B Prepare Filing Schedules
1 RJC will identify schedules needed dependmg on h~stonc or forecasted test year, or
abbrevmted fflmg
2 Work with staff to coordinate gathering of data by staff & ffllmg out of schedules
3 Rewew all schedules for completeness
4 Develop mformatton needed for fflmg of Cash Flow Method and prepare necessary
worksheets
Task C Preparation of Testimony
1 RJC wril prepare pre-fried testtmony on use of cash flow method
2 Prepare exhtblts for testrmony
2 Review testmxony of other City witnesses and prowde comments
3 Work w~th attorneys to complete rate filing package and frie at PUC
Task D Discove _fy
1 RJC will rewew all RFI's sent to City and assist m determining best person to respond
2 Work w~th attorneys and staff to respond to RFI's from PUC and other parhes, being
sure that responses are consistent with fflmg
3 If needed, RJC will prepare RFI's to serve on other parhes to assist m evaluatmn of
other party's positrons and gather mformahon needed for cross exammahon of
witnesses
Task E Hearings
1 RJC will review testnnony and extublts fried by PUC staff and other parttes
2 Evaluate anpacts of altematwe pos~t~ons of other parbes
3 Prepare rebuttal testunony and file
4 Assist attorneys m preparing cross of PUC staff and other parhes
5 Attend hearings and present d~rect testunony
6 Assist attorneys m preparing briefs
7 Review ALJ Prehmmary Order, & assist attorneys m filmg exceptmns
8 Review Final Order and other documents
9 Rework numbers for Final Order
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Task Order No O1-A
Transnussion Cost of Service Fflmg
Budget
The budget for the above scope of services for labor and expenses is d~fhcult to esttmate
due to the fact that the transrmsslon ~mg rules have been changing as the market
restructures The budget w~ll depend on the avarlab~hty of City Staff to gather data, on
the filing method decided upon, and on the level of intervention from other parhes and
staff Based on prior experience m working with these ~ssues, RJC recommends a
budget of $80,000 for labor and expenses Ttus budget will not be exceeded without
prior approval of the City RJC will bill monthly with supporting documentatton of
act~mt~es performed The work being performed w~ll be under the supervision of the
Director of Electric Ut~thes and may be modified at any ttme upon appropriate nohce to
EXECUTED ~ay of ~ ,2001
AUTHORIZED BY ACCEPTED BY
By//l/.~,t~l~ t,~ ~ ~ By' .__~ t.~jr.a~-,.~ ~,~.~,~.
~PRO~D ~ TO LEGAL FO~
JENN~ER WALTE~ HERBERT L PRO~
C~SECRETARY . C~ A~OR~Y
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