2017-102 6230 ORDINANCEORDINANCE NO. 2017-102
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, A TEXAS HOME -
RULE MUNICIPAL CORPORATION, PROVIDING FOR, AUTHORIZING, AND
APPROVING THE EXECUTION BY THE CITY MANAGER, OR HIS DESIGNEE, OF
AGREEMENT BY AND BETWEEN THE CITY OF DENTON AND BLACK & VEATCH
CORPORATION, A DELAWARE CORPORATION, IN AN AMOUNT NOT TO EXCEED
963,930.00 FOR PROJECT AND ENGINEERING REVIEW SERVICES IN CONJUNCTION
WITH THE DENTON ENERGY CENTER PROJECT; APPROVING THE EXECUTION OF
SUCH OTHER AND FURTHER RELATED DOCUMENTS DEEMED NECESSARY TO
EFFECTUATE THIS AGREEMENT BY THE CITY MANAGER OR HIS DESIGNEE, WHICH
ARE INCIDENT OR RELATED THERETO; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton is a Texas home -rule municipal corporation governed by
the constitution and laws of the State of Texas; and
WHEREAS, on March 13, 2017, Denton's Public Utilities Board ("PUB"), after due notice
of the public meeting was provided as required by law, considered all proposals provided by firms
in response to Denton's Request For Proposals for an Owner's Engineer in conjunction with the
Denton Energy Center Project and finds that Black & Veatch Corporation should be selected as
the Owner's Engineer; and
WHEREAS, the PUB, after discussion, consideration and deliberation, then recommended
to Denton's City Council, by a vote of five (5) for and zero (0) against, that the Agreement By
and Between City of Denton, a Texas home -rule municipal corporation, and Black & Veatch
Corporation, in an amount not to exceed $963,930.00 be approved; and
WHEREAS, Denton's City Council has considered all proposals provided by firms in
response to Denton's Request For Proposals for an Owner's Engineer in conjunction with the
Denton Energy Center as well as the recommendation of the PUB and finds that Black & Veatch
Corporation should be selected as the Owner's Engineer for the Denton Energy Center Project;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The recitations contained in the above Preamble are incorporated herewith
and are considered to be a part ofthis Ordinance.
SECTION 2. The City Council, approves and authorizes the City Manager and City
Secretary, or their designees, to execute, and attest respectively, the Agreement By and Between
City of Denton, a Texas home -rule municipal corporation, and Black & Veatch Corporation, a
Delaware corporation, in an amount not to exceed $963,930.00 and under the terms and conditions
set forth in Exhibit "A", including all exhibits attached thereto, and made a part hereof, and to
consummate the execution and delivery thereof on behalf of the City of Denton by or at the
direction of the City Manager, or his designee.
SECTION 3. The City Council, approves and authorizes the City Manager and City
Secretary, and their respective designees, to execute and attest respectively, all other documents
which are incident and related to the Agreement By and Between City of Denton and Black &
Veatch Corporation referenced herein as Exhibit A, and to take such additional actions as the City
Manager, or his designee, shall determine to be necessary and advisable to effectuate the matters
set forth above.
SECTION 4. The City Manager, the City Attorney, or their designees, be, and each of
them individually is, authorized and empowered to perform all such acts and obligations as
required with respect to the Agreement By and Between City of Denton and Black & Veatch
Corporation described herein as Exhibit A.
SECTION 5. The expenditure of funds as provided for in this ordinance is authorized.
SECTION 6. Immediately following the execution and delivery ofthe Agreement By and
Between City of Denton and Black & Veatch Corporation, referenced herein as Exhibit A, the City
Secretary is hereby directed to seal and maintain the same in her custody and control, as documents
excepted from public disclosure under the provisions of §552.110 ofthe Texas Government Code
the "Confidential Information Exception") unless otherwise lawfully ordered to disclose said
documents.
SECTION 7. This ordinance and a copy of the Agreement By and Between City of
Denton and Black & Veatch Corporation referenced herein as Exhibit A, including the related
exhibits, as redacted of Confidential Information shall be open for public inspection. However, the
non -redacted Agreement By and Between City of Denton and Black & Veatch Corporation
referenced herein as Exhibit A, including the related exhibits, appended to this Ordinance shall not
be produced for public inspection, but shall be sealed, as provided for in Section 6 above.
SECTION 8. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of March, 2017.
I LAA ; 0—L.,o vA,1
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, C TY SECRETARY
By:
APPRO D AST LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
By: ; a