2017-094 5064 ORD 5th Amendment 3.21.17ARDINANCE NO. 2017-09
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WHEREAS, on December 4, 2012, by Ordinance No. 2012-330, the Council awarded a
contract for electric utility 69kV and 13 8kV instrument transformers (hereafter the "Agreement") to
ABB, Inc., in the amount of $2,290,000; and
WHEREAS, on July 7, 2014, the City awarded a First Amendment to ABB, Inc., (hereafter
the "First Amendment") for additional line items to be added to the contract with no change in the
total contract amount, and said Agreement was approved by Purchasing staff in accordance with their
delegated authority; and
WHEREAS, on August 8, 2014, the City awarded a Second Amendment to ABB, Inc.,
hereafter the "Second Amendment") for a line item increase to the contract with no change in the
total contract amount, and said Agreement was approved by Purchasing staff in accordance with their
delegated authority; and
WHEREAS, on January 20, 2015, the City awarded a Third Amendment to ABB, Inc.,
hereafter the "Third Amendment") for a line item price reduction to the contract with no change in
the total contract amount, and said Agreement was approved by Purchasing staff in accordance with
their delegated authority; and
WHEREAS, on June 6, 2016, the City awarded a Fourth Amendment to ABB, Inc., (hereafter
the "Fourth Amendment") for additional line items to be added to the contract with no change in the
total contract amount, and said Agreement was approved by Purchasing staff in accordance with their
delegated authority; and
WHEREAS, there appears to the Council that further transformers are needed; and Staff
having recommended, the Public Utilities Board having approved, and the City Manager having
recommended to the Council that the "Fifth Amendment to contract with ABB, Inc. (hereafter the
Fifth Amendment") be authorized to amend such Agreements, and an increase in the payment
amount by $572,500; and said fees under the proposed Fifth Amendment are fair and reasonable, and
are consistent with and not higher than the recommended practices and fees published by the
professional associations applicable to the provider's profession; and such fees do not exceed the
maximum provided by law; NOW, THEREFORE,
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SECTION 1. The City Manager is hereby authorized to enter into the "Amendment to
Professional Services Agreement" with ABB, Inc., (the "Fifth Amendment"), in substantially the
form that is attached hereto and incorporated herewith by reference, which increases the amount of
the engagement by and between the City of Denton, Texas and ABB, Inc., which Agreement is on
file in the office of the Purchasing Agent, in the additional amount of $572,500, which amount is
hereby approved; and the expenditure of funds therefor is hereby authorized in accordance with said
Fifth Amendment. The total purchase order amount therefore increases to the amount of not -to -
exceed $2,862,500.
SECTION 2. The City Council of the City ofDenton, Texas hereby expressly delegates the
authority to expend funds and to take any actions that may be required or permitted to be performed
by the City of Denton, Texas under RFP 5064, to the City Manager of the City of Denton, Texas, or
his designee.
SECTION 3, The recitations and statements contained in the preamble hereto are
incorporated herewith as a part of this Ordinance for all purposes.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
Z t day of JNVNk zC_, 2017.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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By: