2012-270ORDINANCE NO. 2O 12-270
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND POVJER
ENGINEERS, INC. FOR ELECTRIC DESIGN AND ENGINEERING SERVICES
PERTAINING TO A SUBSTATION SITING AND ENVIRONMENTAL ASSESSMENT
STUDY FOR THE CONSTRUCTION OF THE MCKINNEY SUBSTATION AND THE
AUDRA SUBSTATION FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (F'ILE
4995-IN THE ADDITIONAL AMOUNT OF NOT-TO-EXCEED $75,000 FOR A TOTAL
AWARD OF $290,515).
WIIEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of POWER Engineers, Inc. a Corporation located in
Austin, Texas ("POWER"), to provide the City with professional electric design and engineering
services pertaining to POWER'S work in support of the city's capital improvement plan
regarding a substation siting and environmental assessment study for the construction of the
McKinney Substation and the Audra Substation for Denton Municipal Electric; 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 POWER 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 Professional Services Agreement;" 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.
1
SECTION 2: The City Manager is hereby authorized to execute a First Amendment to
Professional Services Agreement (the "First Amendment") with the engineering firm of POWER
Engineers, Inc., a Corporation, for professional design and 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 E�iibit "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 POWER, and the ability of POWER, 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 First Amendment
is hereby authorized.
SECTION 5: This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the ���� day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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By:
6-ORD-File 4995
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Exhibit A
THE STATE OF TEXAS
COUNTY OF DENTON
FIlZST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WHEREAS, a"Professional Services Agreement" (hereafter the "Agreement") was entered
into on the 7`" day of August, 2012, by and between the City of Denton, Texas and the firm of
POWER Engineers, Inc., a corporation (hereafter "CONSULTf1NT"}, acting by and through its duly
empowered officer; with ofiices at 7600-B North Capitol of Texas Highway, Suite 320, Austin, Texas
78731; and the City of Denton, Texas, a Texas municipal corporation, acting by and through its duly
authorized and empowered City Manager (hereafter "CTTY"); said Agreement being in the original
not-to-exceed amount of $215,515, and which Agreement provided for certain necessary professional
electric design and engineering services in support of the City's capital improvement plan regarding a
transmission line routing study for reconstruction of the Hickory Substation to Locust Substation
transmission line for Denton Municipal Electric; and
WHEREAS, both CONSLTLTANT and the CITY have each resolved that the Agreement
should be expanded and amended as to certain provisions, to wit: NOW, THEREFORE,
In consideration of the covenants and agreements herein contained, CONSiJLTAN I' and the
CITY mutually agree to amend the Agreement by this "First Amendment to Professional Services
Agreement" (hereafter the "First Amendment"), as the scope of services to be rendered by
CONSiJLTANT to the CTTY has been broadened to also provide for the substation siting and
environmental assessment studies for construction of the new McKinney Substation and Audra
Substation, which services are more particularly described in the Scope of Services document attached
hereto as Exhibit "A"; and which additional professional services will require $75,000 in further fees,
which are necessary to provide for the orderly selection and construction of the two (2) substations;
and
SECTION I.
EXPANDED BASIC SERVICES
For Basic Services the total compensation to be paid to CONSLTLTANT by CITY shall be an
additional not-to-exceed $75,000, totaling $290,515 for the professional services.
SECTION II.
ENTIRE AGREEMENT
The First Amendment includes within its provisions that certain executed Professional
Services Agreement dated August 7, 2012.
SECTION III.
AMENDED AGREEMENT
Save and except as amended hereby, all of the remaining clauses, sentences, paragraphs,
sections and subsections of the Professional Services Agreement executed on the 7th day of August,
2012, shall remain in full force and effect.
This First Amendment shall be executed in four originals.
SIGNED AND DATED by the dul -a thorized partners, representatives and officers of the
parties hereto effective on the ��%t day of , 2012.
ATTEST:
JENN�'ER WALTERS, CITY SECRETARY
:
TO LEGAL FORM:
AT]ITA BURGESS, CITY ATTORNEY
By:�
"CITY"
CTTY OF DENTON, TEXAS
A Texas Municipal Corporation
B `�D'4% �``
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GEORGE C. C L, ITY MANAGER
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"CONSLTLTANT"
POWEIZ ENGINEERS,INC.
A Corporation
By: ,
� POWER
� ENGlNEERS
F�4W�R E'NGIN��RS, INC.
7600B N CAPITAL OF TEXAS HWY
SUITE 320
AUSTIN, TX 78731 USA
vNCere 512-795-3700
Far 512-795-3704
July 20, 2012
Mr. Chuck Sears
Engineering Manager
Denton Municipal Electric
1685 Spencer Road
Denton, Texas 76205
Subject: Scope of Services
Evaluation Study for Two New Substations
Dear Mr. Sears:
POWER Engineers, Inc. (POWER) is pleased to submit our proposed scope of services for
an environmental/land use evaluation for two new Denton Municipal Electric (DME)
substations, including alternative substation site locations.
SCOPE OF SERVICES
Our objective is to conduct an objective alternative substarion siting study for each of the
two new planned substations. The siting methodology will be docuxnented and consider
factors such as community values / input, recreational and park areas, historical and
aesthetic values, and environmental integrity, as well as engineering, reliability, cost and
maintenance factors. POWER will assist DME with the selection and evaluation of up to
three alternative sites for each of the two new planned substations. Services will include
meetings/coordination with DME, an initial site visit, alternative substation site selection,
photo-simulations of the alternative substation sites, data collection for elcisting conditions,
public input, alternative site evaluation, and preparation of a brief report presenting the
study results for each of the two planned substations.
IIVITIAL MEETING / COORDINATION / SITE VISIT
Two POWER staff will attend a project kick-off / coordination meeting in DME's offices
and perform an initial site visit. At the project kick-offmeeting, we will meet with DME to
review project goals, establish lines of communication, document procedures and protocols,
fmalize the scope of services, budget, and schedule, and verify roles and responsibilities.
The meeting will also allow DME and POWER to establish the finalized work plan.
Existing conditions and preliminary alternative substation sites will be investigated at that
time for each of the two new planned substations. Based on the initial field reconnaissance,
POWER will prepare a list of preliminary substation site evaluation criteria. The evaluation
criteria will be fmalized with input from DME.
www.powereng.00m AUS 146-073 (PROPOSALS) DENTON MUN[C�AL ELECTRIC (7/20/2012) LD
C� WEf7 ENGINEERS, INC.
July 20, 2012
Page 2
ALTERNATIVE SUBSTATION SITE SELECTION
Following the initial site visit, POWER will coordinate with DME to select up to three
alternative sites to be evaluated in detail for each of the two new planned substations.
Selection factors will include but not be limited to existing development / conditions,
proximity to applicable transmission and distribution facilities, substation site access,
potential substation screening, cost factors, and future maintenance considerarions.
PHOTO-SIMULATIONS
POWER will develop one (1) photo simulation for each of the proposed substations for a
total of two (2) photo simulations. POWER assumes the same substation design for each
photo simulation. Photo simulations for four additional alternative substarion sites are
included in the budget as an optional task, and these also assume the same substation design.
Each simulation will demonstrate the proposed project and DMEs commitment to protecting
the aesthetic environment by using screening techniques around the proposed substations.
As part of the process, POWER will coardinate with DME for screening wall treatment and
landscaping to be incorporated into the final photo simulations.
The photo simulations will be developed as print-ready graphics, delivered via electronic
media or full color plot/print. Each photo simulation will be formatted with the project
name, location, DME Logo, supplemental notes, and photo information. Photo simulation
tasks include on-site photo collection, selection of wall treatment and landscape plans, 3D
development, rendering, Photoshop editing, and board development. POWER assumes one
(1) photo per simulation will be used. If a panoramic simulation is required, eight (8) hours
for each additional photo used will be needed.
EXISTING CONDITIONS INFORMATION / DATA COLLECTION
POWER will acquire and review existing and readily available data from sources such as
the Texas Historical Commission (THC), State Historic Preservation Office (SHPO),
Denton County, City of Denton, U.S. Fish and Wildlife Service (USFWS), U.S. Army
Corps of Engineers (USACE), Texas Parks and Wildlife Department (TPWD), Texas
Natural Diversity Database (TXNDD), Texas Commission on Environmental Quality
(TCEQ), Ciry of Denton comprehensive plans, and other library sources such as published
and unpublished reports. We will obtain linear facility data such as existing transmission
lines, major water/wastewater lines, and gas pipelines in GIS or CAD format from DME and
other readily available sources. No formal or written agency contact is anticipated to be
necessary for the project.
We will conduct a high-level literature review and records search for identified cultural
resources in the vicinity of alternarive substation sites. We will prepare resource information
and a database specific to each alternative substation site and prepare graphical and written
analysis of existing resources.
�OWEk ENGINEERS, lNG.
July 20, 2012
Page 3
PUBLIC INPUT MEETINGS AND PRESENTATIONS
POWER will assist DME in hosting two public input meetings, one for each of the two new
proposed substations. The meetings are intended to solicit infortnation from the public that
will be evaluated, summarized and incorporated into the study report as appropriate.
POWER assumes that POWER and DME will analyze the input received from the public
meetings. POWER will develop and provide one (1) public involvement exhibit of the
alternative substation sites overlain on large-scale aerial photographs (1 inch = 1,000 feet or
less) for each of the two public open house meetings. The map will depict the environmental
and land use constraints that were identified and utilized during the study and will clearly
identify each alternative station site. It is assumed DME will provide recent aerial imagery
and arrange for meeting facilities and coordinate the public meetings.
POWER will also assist DME with attending up to two presentarions/meetings with the
Public Utilities Board and/ar the Denton City Council. The presentations/meetings will be
held at various times throughout the course of the project and are intended to explain the
need and approach to the project, POWER's role in the project, and answer any questions
about the project. Depending on the timing of each of these presentations, some of the
graphics and eJChibits used at the public open house meetings can be used at the
presentations, while some new graphics and e�ibits could be needed.
ALTERNATIVE SUBSTATION SITE EVALUATION
For this task, we will develop the impact assessment methodology and assess potential
impacts of the alternative sites for each substation project, including both the positive and
negative, on the environmental and land use resources. We will organize the findings into
impact tables and matrices. Suminaries of potential impacts will be tabulated in a table by
individual alternarive site.
POWER will summarize the interdisciplinary impacts for each of the alternative substation
sites, and then compare their potential impacts. To accomplish this, the POWER team,
comprised of different discipline leads, will independently review the data summarized for
each alternative site. After the review, the team will meet as a group and determine the
relative importance of each group of criteria in the natural, human and cultural resource
categories.
We will document the alternative substation site comparison for the appropriate section of
the Study Report, and we will analyze and compare the alternative substation sites,
summarizing baseline environmental/land use data and potential impacts.
F�bWER ENG/NEERS, INC.
July 20, 2012
Page 4
STUDY REPORT
We will prepare a brief Study Report for each of the two planned substation projects that
document the alternative substation site selection process, describe existing resources in the
vicinity of the alternative substation sites and discuss potential impacts and potential
mitigation measures. The draft documents wi11 be provided to DME for review and
comment prior to finalization. For costing purposes, POWER will provide three copies of
the draft Siudy Reports and ten copies of the final reports.
The Study Report, prepared by POWER, and its evaluation of the alternative sites, will
allow DME to present substation sites to the Public Utility Board and the Denton City
Council that provides a reasonable balance with regards to potenrial impacts on the
community and general public, the environment, historic sites, service reliability, and
prudent engineering and construction.
BUDGET ESTIMATE
POWER has developed the following budget based on our understanding of the two DME
planned substation projects. Our budget is based on the information presented in the scope
of services.
A table summarizing our proposed time-and-materials budget for the project tasks is
provided below.
The schedule of charges will be in accordance with the current rate sheet included in the
pending Professional Services Agreement. Mileage and travel expenses, materials or office
supplies, copy charges, and document production are included in our budget and in the
scope of services.
P6W�IZ E'NGINE'EftS, lN�.
July 20, 2012
Page 5
SCHEDULE
POWER understands DME desires to conduct these studies and implement the two new
planned substation projects as quickly as reasonably possible. For activities within
POWER's control, POWER will work with DME to attain the desire project schedule.
I will serve as the Project Manager for the project and Brian Macik will support me as an
environmental planner. We assume these services will be provided under our pending
Professional Services Agreement with the City of Denton, on a time-and-materials basis,
with the upper limit not to be exceeded without written approval of DME. Any
modifications to this scope of services may require a work order / budget amendment.
Thank you for the opportunity to propose to provide these services. We look forward to
working with you and your team. Please contact me at (512) 795-3700 x6908 or
rob.reid@powereng.com with any questions.
Sincerely,
`� �, �?�
Rob Reid
Project Manager
Vice President