2013-340 - Amendment 1 Ordinance ExecutedORDINANCE NO. 2013-340
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT FOR ENGINEERING SERVICES BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND BLACK & VEATCH CORPORATION, FOR ELECTRIC
ENGINEERING SERVICES RELATING TO THE ARCO SUBSTATION AS WELL AS
OTHER DENTON MUNICIPAL ELECTRIC PROJECTS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
5089 IN THE ADDITIONAL AMOUNT OF NOT -TO- EXCEED $781,400; AGGREGATING
A TOTAL NOT -TO- EXCEED $1,345,400).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to continue to engage the engineering firm of Black & Veatch Corporation, a Kansas
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 additionally to provide services incident to the DME ARCO Substation
and other related DME projects; 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
First Amendment to a Professional Services Agreement for Engineering Services;" NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
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SECTION 2. The City Manager is hereby authorized to execute a "First Amendment to
a Professional Services Agreement for Engineering Services" (the "First Amendment ") with the
engineering firm of Black & Veatch Corporation, in the additional amount of not -to- exceed
781,400, for professional engineering services pertaining to the interests of the City and of its
electric department, DME, as hereinabove described, in substantially the form of the First
Amendment which is attached hereto as Exhibit "A" which is incorporated herewith by
reference.
SECTION 3. The award of this First Amendment 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.
SEC"HON 4. The expenditure of funds as provided for in the attached First Amendment
is hereby authorized.
SECTION 5. This ordinance shall become effective upon its passage and approval,
PASSED AND APPROVED this the 11- day of rw.. , 2013.
ATTEST:
JENNIFER WALTERS, °1"I "Y SECRETARY
IIn
APPI COVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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MARK A, 11.E[ kQ,(]GHS.'. MAYOR