2013-191 - First Amendment OrdinanceORDINANCE NO. 2013-191
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING A PROFESSIONAL
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND
SGS ENGINEERING, LLC, FOR STRUCTURAL, ELECTRIC DESIGN, AND OTI R
ENGINEERING RELATED CONSULTING SERVICES FOR DENTON MUNICIPAL
ELECTRIC CAPITAL IlVIPROVEMENT PROJECTS; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (FILE 4755-
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT IN THE NOT-TO-EXCEED
AMOUNT OF $6,675,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $7,935,000).
WHEREAS, the City Council deems that it is in the public interest to continue to engage
the engineering firm of SGS Engineering, LLC to provide professional engineering and design
consulting services for the City of Denton, Texas that are related to Denton Municipal Electric
DME) Capital Improvement Projects; and
WHEREAS, the Public Utility Board of Denton considered this item at its July 22, 2013
meeting and recommended approval by a vote of 6-0; and
WI REAS, City staffhas reported to the City Council that there is a substantial need for
the further above-referenced professional engineering services, and that limited City staff cannot
adequately perform the specialized 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;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The preamble to this ordinance is incorporated herewith by reference as a
part of this ordinance.
SECTION 2. The City Manager is hereby authorized by the City Council to execute a
First Amendment to Professional Services Agreement for Engineering Firm" (the "First
Amendment") with SGS Engineering, LLC for further professional engineering and consulting
services related to professional services necessary for DME, for an additional fee of not-to-
exceed $6,675,000 (with the previous Agreement, totaling a fee not-to-exceed $1,260,000); in
substantially the form of the "First AmendmenY' that is attached hereto, which is incorporated
herewith by reference.
SECTION 3. The award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of SGS Engineering, LLC and the
demonstrated ability of SGS Engineering, LLC to perform the services needed by the City for a
fair and reasonable price.
SECTION 4. The expenditure of funds as provided in the attached Agreement is hereby
authorized.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By. !-
APPROVED AS TO LEGAL FCSRM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-ORD- 4755