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2013-191ORDINANCE NO. 2013-191 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND SGS ENGINEERING, LLC, FOR STRUCTURAL, ELECTRIC DESIGN, AND OTI�R ENGINEERING RELATED CONSULTING SERVICES FOR DENTON MUNICIPAL ELECTRIC CAPITAL IlVIPROVEMENT PROJECTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE (FILE 4755- AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT IN THE NOT-TO-EXCEED AMOUNT OF $6,675,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $7,935,000). WHEREAS, the City Council deems that it is in the public interest to continue to engage the engineering firm of SGS Engineering, LLC to provide professional engineering and design consulting services for the City of Denton, Texas that are related to Denton Municipal Electric (DME) Capital Improvement Projects; and WHEREAS, the Public Utility Board of Denton considered this item at its July 22, 2013 meeting and recommended approval by a vote of 6-0; and WI�REAS, City staff has reported to the City Council that there is a substantial need for the further above-referenced professional engineering services, and that limited City staff cannot adequately perform the specialized 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 on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l. The preamble to this ordinance is incorporated herewith by reference as a part of this ordinance. SECTION 2. The City Manager is hereby authorized by the City Council to execute a "First Amendment to Professional Services Agreement for Engineering Firm" (the "First Amendment") with SGS Engineering, LLC for further professional engineering and consulting services related to professional services necessary for DME, for an additional fee of not-to- exceed $6,675,000 (with the previous Agreement, totaling a fee not-to-exceed $1,260,000); in substantially the form of the "First AmendmenY' that is attached hereto, which is incorporated herewith by reference. SECTION 3. The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of SGS Engineering, LLC and the demonstrated ability of SGS Engineering, LLC to perform the services needed by the City for a fair and reasonable price. SECTION 4. The expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. ) PASSED AND APPROVED this the � day of ��� , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY By. !�-� APPROVED AS TO LEGAL FCSRM: ANITA BURGESS, CITY ATTORNEY � BY: 4-ORD- 4755 THE STATE OF TEXAS COUNTY OF DENTON FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT �HEREAS, a"Professional Services Agreement — File No. 4755 — For Design and Other Professional Engineering Services" (hereafter the "Agreement") was entered into on the 19�' day of July, 2011, by and between the City of Denton, Texas and the firm of SGS Engineering, LLC, a Limited Liability Corporation (hereafter the "CONSULTANT"), acting by and through its duly empowered officer; with its corporate offices at 401 50�' Street, Lubbock, Texas 79404; and the City of Denton, Texas, a Texas municipal corporation, acting by and through its duly authorized and empowered City Manager (hereafter "CITY"); said Agreement being in the original not-to-exceed amount of $1,260,000, and which Agreement provided for certain necessary professional electric design and engineering services in support of the City's capital improvement plan regarding a substation relay design for six substations, for two transmission line design projects, field verification of seven previous projects to determine compliance with NERC rules, and four new transmission line design projects for Denton Municipal Electric ("DME"); and WI�REAS, both CONSIJLTANT 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, CONSULTANT and the CTI'Y 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 CONSLTLTANT to the CITY has been greatly broadened to also provide for further engineering and design services regarding a number of additional projects relative to the implementation of DME's e�ensive present Capital Improvement Plan ("CIP"); which services are more particularly described in the Scope of Services document attached hereto as E�ibit "A"; and which additional professional services will require an amount not-to-exceed an additional $6,675,000, totaling a not-to-exceed expenditure of $7,935,000 in professional fees, which are necessary to provide for the orderly implementation of the DME Capital Improvement Plan; and SECTION I. EXPANDED BASIC SERVICES For Basic Services the total compensation to be paid to CONSITLTANT by CITY shall be an additional not-to-exceed $6,675,000, totaling $7,935,000 for the professional services. SECTION II. ENTIltE AGREEMENT The First Amendinent includes within its provisions that certain executed Professional Services Agreement dated July 19, 2011. 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 July 19, 2011; provided however, that Paragraph XI.D. of the Agreement shall be amended to state that the policy limits of the Professional Liability Insurance coverage is "not less than $1,000,000 annual aggregate." SECTION N. SURVNAL OF AGREEMENT The Agreement shall remain in full force and effect; provided however, that the E�chibit "A" atta.ched to this First Amendment, and incorporated herewith by reference, shall provide for additional professional engineering and design services to be performed in a professional manner by CONSLTLTANT, as contained therein. This First Amendment shall be executed in four originals. SIGNED AND DATEJ�,p the d -authoriz partners, representatives and officers of the parties hereto effective on the� day of 2013. «C�.�.�,,, ATTEST: JENNIFER WALTERS, CITY SECRETARY : API�,�OVED 1siS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 1 � CITY OF DENTON, TEXAS A Texas Municipal Corporation Bv: ,4 J GEORGE C. CAMPBELL, CITY MANAGER � "CONSiILTANT" SGS ENGINEERING, L.L.C. A Limited Liability Corporation BY����^-,l � ` � � �Cr f �� � Exhibit A ENGINEERING. LLC. �uly 15, 2013, Re: 2011 Professional Services Agreement Extension Proposal Mr. Chtick Sears Denton Municipal Electric 1685 Spencer Road Denton, TX 76205 Dear Chuck: SGS Engineering, LLC, ("SGS") propases to amend the cur�'ent Professional Services Agreement with the City o£I�enton entered into in 2011. This will allow SG� to continue to provide design and other professional engineering services to Den#on Municipal Electric ("DME") for its Capital Improvement Program. The proposal value listed is a nat-to-exceed value based on the projects defined as part of the ]7ME Capital Itnprovement Program along with miscellaneaus services requested by DME. SGS proposes to continue providing professional services billed on an hourly basis under the tez'ms and condirions of the previoas ageement. Services will be bill�d in accordance with the SGS rates in effect at the time services are rendered. Sexvices will be rendered at the direction af AlVIE. In addition to undertaking new projects, this will allow SGS to complete tvork that was started under the existing contract. The projects that are in progress are listed later in this proposal with amounts hilled to date aud estimated. amounts remaini.ng to he billed. , Thank you for your consideration of this proposal. We look forward to continuing our successful working relationship. Sincerely, SGS Engineering, .!�-e'�N� � ' ' � Travis B. Neal, Partner SGS Engineering, LLC � 401 50th Street � Lubbock, Texas 7940� � MAiN 806.795.6827 � Fax 806.795.7526 SGS ;ct Estimate for Profe; E: Description ew North Substation orth Lakes Substation Relocation ew West Substation �cust Substation RebuIld RCO Substation Relocation ickory Substation Relocation ew i.INT Substation . Worth Substation Addition ew Substaton - Pockrus and ARCO ew Substaton - Loop 288 and McKinney ew Substaton - Denton North area ew 5ubstaton - Sroencer Water Treatment Wells Interchange istrial Substation �drow Substation mie Brae Substarion thwest Switch Christal Substation ton West Interchan€ v West Switch station to be named Substation Relay Upg� oper Creek Substation Substation Rebuild igs Row Substation ;Kinney Substation neeri�2g �l Services in Sup IT A )13 F �ckrus - Arco 138kV Transmission Line ew Transmission Line from West 138kV Source -ansmission Line Additions to Support the 138kV Addition to the Pockrus Substation -ansmission Line Additions to Support the New North Substarion -ansmission Line Additions to Support Reconstruction of the North Lakes Substataon -ansmission Line Additions to Support the New West Substation �ansmission Line Additions to Support Reconstruction of the Locust Substation onstruct and Reroute Transmission in the Area North of Spencer Interchange ew Transmission Line from New West Switch Station to RD Wells :ansmission Line Additions to Support Reconstruction of the Arco Substation -ansmission Line Additions to Support Reconstruction of the Hickory Substation -ansmission Line Additions to Support IJNT Area Substation �ansmission Line to Support the new Substation in the Area of Spencer and Loop 288 �ccar Transmission Line Reroute Lakes - Bonnie Brae 69kV Transmission Line n North - North Lakes Row - Denton North 69kV Transmission Line �t of CIP Planned In-Service Estimated Cost SGS Year 2015 2016 2017 2016 2015 2017 2016 2016 2018 2017 2018 2018 2017 2018 2015 2017 2017 2016 2017 2017 2018 2018 $150 $150 $150 $150 $250 $150 $150 $75, $150 $150 $150 $150 $125 $125 $75; $75, $50; $175 $15 $IS 2014 $125,000 2014 $50,000 2014 $200,000 2015 $135,000 2015 � $75,000 $200,000 Sub[otal $3,6`10,00i $50,000 $150,00( $30,000 $30,000 $30,000 $30,000 $125,000 $1 $I $50 $25 610( sGS� Project Estimate for Profes: EX �J, Description Woodrow - Kings Row 69kV Transmission Line 5pencer Interchange - Spencer Switch 5pencer Switch - Locust 69kV Transmission Line Hickory - Locust 69kV Transmission Line 3pencer - Pockrus 138kV Transmission Line Transmission Line Additions to Support the McKinney Substation Transmission Line Additions to Support the Cooper Creek Substation n Line Construction : Concrete Installation ous Job Sunervision ;ineering nal Services in` Support of CIl' BTT A ' 20�� Planned In-Service Estimated Cost SGS Year $125,000 $10,000 $20,000 $ l OQ000 $125,000 Transmission Construction Total $3 $450,000 $200,000 $100,000 $750,000 $85