2012-303 Ordinance Executedo nvaNCE No. 2012-303
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND BLACK & VEATCH, INC. FOR
ELECTRIC DESIGN AND ENGINEERING SERVICES FOR A RELAY COORDINATION
STUDY INCIDENT TO THE DENTON MUNICIPAL ELECTRIC TRANSMISSION
SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN
EFFECTIVE DATE (FILE 5089-IN AN AMOUNT NOT-TO-EXCEED $564,000).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of Black & Veatch, a Corporation, located in Overland
Park, Kansas ("B&V"), to provide the City with professional electric design and engineering
services pertaining to B&V's work in support of the city's capital improvement plan regarding a
relay coordination study incident to the Denton electric transmission system; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized engineering and other professional
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 of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that B&V is appropriately
qualified under the provisions of the law, to be retained as an engineering firm for the City and
for its department, Denton Municipal Electric, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
Professional Services Agreement;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a"Professional Services
Agreement for Engineering Services for a Relay Coordination Study Incident to the Denton
Electric Transmission 5ystem" (the "Agreement") with the engineering firm of Black & Veatch,
Inc., a Corporation, in the amount of not-to-exceed $564,000, for professional design and
engineering services pertaining to the interests of the City and of its electric department, Denton
Municipal Electric, as hereinabove described, in substantially the form of the Agreement which
is attached hereto as Exhibit "A" which is incorporated herewith by reference.
SECTION 3. The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the firm of B&V, and the ability of B&V, to perform the
professional design and engineering and related services needed by the City for a fair and
reasonable price.
SECTION 4. The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5. This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the day of L/.2012.
MARK A. BU OU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: