Loading...
2013-205ORDINANCE NO. 2013 -205 AN ORDINANCE BY THE CITY OF DENTON TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO A PROFESSIONAL AND PERSONAL SERVICES CONTRACT WITH AR/WS TEXAS, LP, FOR FURTHER SERVICES REGARDING THE PROCUREMENT AND DELIVERY OF LAND RIGHTS FOR THE DENTON MUNICIPAL ELECTRIC 69KV SPENCER TO DENTON NORTH INTERCHANGE TRANSMISSION LINE UPGRADE PROJECT; AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS THEREFOR IN AN AMOUNT NOT -TO- EXCEED $191,800; AND PROVIDING AN EFFECTIVE DATE (FILE 4744 -AR/WS TEXAS, LP AGGREGATING AN AMOUNT NOT -TO- EXCEED $637,200). WHEREAS, on June 21, 2011 by Ordinance No. 2011 -102, the Council awarded a Professional Services Agreement for Appraisal Services and Right -of -Way Acquisition to AR/WS Texas LP, in the amount of $381,800 for services regarding the procurement and delivery of land rights for the Denton Municipal Electric 69kV Kings Row to Spencer Transmission Line Upgrade Project (hereafter the "Project "); and WHEREAS, on March 6, 2012 by Ordinance No. 2012 -047, the Council awarded a First Amended Professional and Personal Services Agreement to AR/WS TEXAS, L.P. in the further amount of $63,600 aggregating a not -to- exceed amount of $445,400 for additional services to be rendered on the Project; and WHEREAS, there appears to the Council that further professional and personal services must be completed in order to move the Project forward to completion; and Staff having recommended, the Public Utilities Board, having approved, and the City Manager having recommended to the Council that the "Second Amendment to Professional and Personal Services Agreement with AR/WS TEXAS, L.P." (hereafter the "Second Amendment ") be authorized to amend such Agreement with respect to the scope of work and an increase in the payment amount; and said fees under the proposed Amended Agreement 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into the "Second Amendment to Professional and Personal Services Agreement with AR/WS TEXAS, L.P." (the Second Amendment) which increases the amount of the engagement by and between the City of Denton, Texas and AR/WS Texas LP, which is on file in the office of the Purchasing Agent, in the additional amount of $191,800, which amount is hereby approved; and the expenditure of funds therefor is hereby authorized in accordance with said Second Amendment. The total purchase order amount therefore increases to the amount of not -to- exceed $637,200. SECTION 2. The City Council of the City of Denton, 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 under File No. 4744, to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. This ordinance shall become effective, and is hereby confinned and ratified as of August 20, 2013. PASSED AND APPROVED this the Z0 day of , 2013. MARK A. B rMAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: /C� C- t-1) 6 -ORD -File 4744 STATE OF TEXAS § COUNTY OF DENTON § SECOND AMENDMENT TO PROFESSIONAL AND PERSONAL SERVICES AGREEMENT WITH AR/WS TEXAS, LP (FILE #4744) This "Second Amendment to Professional and Personal Services Agreement with AR /WS TEXAS, LP" (hereafter the Second Amendment ") is made and entered into as of the � day of , 2013, but effective as of the 1St day of August, 2013; by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER;" and AR/WS TEXAS, LP, a Limited Partnership, with its office at 1500 Industrial Boulevard, Suite 230, Abilene, Texas 79602, hereinafter called "AR/WS TEXAS, LP" each acting herein, by and through their duly authorized officials, officers and representatives. Previously, on June 22, 2011, the City of Denton, Texas engaged the firm of AR/WS TEXAS, LP, a Limited Partnership, of Abilene, Texas, by a "Professional Services Agreement for Land Appraisal Services and for Land Rights Acquisition Services Relating to the Denton Municipal Electric 69 KV Kings Row to Spencer Transmission Line Upgrade Project (Phase II)" (hereafter the "Agreement "), in order to perform professional services related to the valuation of and the acquisition of tracts of land in relation to the Capital Improvements Plan of the City's owned electric utility, Denton Municipal Electric (hereafter "DME "). The Agreement provided for an expenditure of not -to- exceed $381,800 for such professional services and particularly described the services to be rendered on Exhibit "A" thereto; the City Council, by Ordinance No. 2011 -102, approved said Agreement; and As work progressed by AR/WS TEXAS, LP, under the Agreement, it became necessary for the expansion of the original Agreement because of an increase in the number of tracts to be acquired, which decision was reached after several public hearings concerning the location of Phase II of the project; the number of tracts to be acquired by the City increased from 35 to 42, which exceeded the original cost estimate, and accordingly a "First Amended Professional and Personal Services Agreement" (hereafter the "First Amendment ") was entered into by and between the OWNER and AR/WS TEXS, LP for the additional not -to- exceed amount of $63,600 on the 6th day of March, 2012; which First Amendment was approved by the Council by Ordinance No. 2012 -047, enacted on the 6th day of March, 2012; and As work further progressed on the project, on May 20, 2013 AR/WS TEXAS, LP, communicated with the City, in a letter, which four (4) page letter is attached hereto as Exhibit "A," and is incorporated herewith by reference, stating that a number of additional factors which had not been provided for in either the Agreement or the First Amendment had arisen which would necessarily have AR/WS TEXAS, LP, incur additional time and expense. These factors were: several previously unknown parcels of real property were added to the project, re- rerouting of the project necessitated several additional title insurance commitments, introductory letters needed to be prepared, survey permits needed to be acquired, and additional research was required on one of the tracts in particular; and Accordingly, the OWNER and AR/WS TEXAS, LP, have proposed this "Second Amendment to Professional and Personal Services Agreement with AR/WS TEXAS, LP" (hereafter the "Second Amendment "); which Second Amendment provides for additional professional and personal services fees of not -to- exceed amount of $191,800, totaling a fee of not -to- exceed $637,200; and request that this Second Amendment be approved, confirmed and ratified, effective August 1, 2013, in order to continue the necessary services by AR/WS TEXAS, LP, on the project in an uninterrupted manner; and This timely acquisition of the tracts of land, and ultimately the completion of the project, is essential to the continued reliability of Denton Municipal Electric in serving its customers. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree to amend the terms of the Original Agreement and the First Amendment relating to the Project for the second time (the "Second Amendment ") as follows: ARTICLE I INCREASE OF COMPENSATION AMOUNT In Paragraph B, lines 3 and 4 of Article V of the Original Agreement delete "not to exceed the amount of $381;800;" and Paragraph B, line 3 and 4 of Article V of the First Amendment delete "not to exceed an additional sum of $63,600 for this Change Order, aggregating the total sum of $445,400;" and instead substitute the following language: "not to exceed an additional sum of $191,800 for this Second Amendment, aggregating the total sum of $637,200." ARTICLE II EFFECT OF THIS SECOND AMENDMENT CONSULTANT AND OWNER hereto agree, that except as specifically provided for by this Second Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Original Agreement and the First Amendment, shall be and will remain in full force and effect. IN WITNESS HEREOF, the City of Denton, Texas has executed this Second Amendment, by its duly authorized City Manager; and CONSULTANT has executed this Second Amendment by and through its duly authorized undersigned officer on this the 201 day of , 2013. 2 "OWNER" THE CITY OF DENTON, TEXAS A Texas Municipal Corporation By: L = GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APP&OVED ASLT'O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: "CONSULTANT" AR/WS TEXAS, LP By: Its 3 EXHIBIT "A" Consultant to the City or Denton May 20, 2013 Pamela England Real Estate Specialist City of Denton Real Estate and Capital Support 901 -A Texas Street, Second Floor Denton, Texas 76209 Dear Pamela: Pa BoN 548 Abileae, TX 79608 35,672.5540 phone 325.672.5549 fax As we discussed, I have prepared a report detailing expected cost, billings through March 31, 2013 and the amount remaining on the contract which includes the first amendment. The reason for the second amendment Is that since the first amendment, several previously unknown parcels were added to the project, relocations were added, rerouting required additional title commitments, Introductory letters and survey permits and additional research was required on the Carter tract. Below t have summarized what is on the attached spreadsheet justifying the request: Ori Inal Contract Amount; $,981,6 .00 First Amendment to the Contract: 6$,600-00 Total Contract Amount; $445,400.00 Amount I3ililed thru 3- 31 -13: $300,866.5 6 Amount Remaining on Contract: $144,533.44 Services Remalnin to be Billed: $336,333.44 Amount Remaining on Contract: 144 533 4 Requested Second Amendmennt: $191,800.00 Thank you For your assistance In this matter. if you have anyquestlons, please feel free to call. Very truly yours, Charles M. Davis CMD: Enclosures 02 7 y� O m ..i $$$ $$$S8$8$$$S8 S $$ 88888 8 $$8885$858 R RM a w a ari of o0 0o u> w ai ad m ao r r ed of ec ad ed of od ad od cd ad ad m w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w m w w uYUY O Q jV�1 O O O O g Q� jj�KVI 0 0 0 0 0 0 O 0 0 O O b b 0 O O 0 0 0 0 0 0 0 N VI si o C9 cq 40 ca 0mC9 g g 0 gg �t gg Kl gggggg �3i�Y3 c N U qr p 1D lA It V V 7 7 V V 7 P N N� T w Y � GG N 5151 8 pp N pg U oil a gg � ggg 53 g3 $g RiA � � �c°.i`ag381R3c� gggggg � i�R3R83 Xi��g�R� �J ` iO iO I�p �Qp Mp WN N M i� 40 �vm om m p n O Z r r+ M M Ci pCppp` nl CI cl M Cq i«y M Y) M M i�� �iM� N N n N n Q rl 0.amaaaaaaaaaa co a as a ao.aa a a C', aaaaaaaaa CyN N NNfYN t*1 cri fn [*1MMMMK a m ..i d7 O d cal a �U a M O N 8888$$gg88 p`0 u as v a o c � � 3 cc b -a A ����S_� N d 8888588$888SS888� wdosai�C�0000GO� 888,88888588 cdco0d0ww00 8� ao cd cc ai o, al a co cu m CO m co of ed ad of c3 ao a6 rci m m od 0 eo m ao m l9 N V! y H H H N y! �+1 N N VJ N c.9 Vf M N 1A to t9 bf V! 69 N H Yt of v! N 0 0 0 0 0 0 0 0 0 O O O Q O O O O d 0 O D O O O O O O Q CC CD c" 38�����S000�o�ol�i�3�f�S7i7S2fS�f �d�ctd33o � �� N c QQQQ QQ 5q� c�c� r ,B Si- -- --88 8885;---- 5t$$$$5�53535i5i�Si � � E Lo E r LF E�}X�. 7FS8�`n�o }°vFxSiiyn�+lt vw� ,°i Z C C Cf N cl N i`I N cl CI N cf 1 N M M Q .Mr M (^ a.aaaaaaaaaaaan. M o_. -N_ma� W tnvi�ntn h N Vl h V V V U U U U u U V V U V A �} d M O N 8888$$gg88 p`0 u as v a o c � � 3 cc b -a A ����S_� N d § 2 A %ƒ 2% §7kK§§)$K§%$q / §q§§ m q ; #k■# tt ■@ ■am §I§§g § � | §, .cm,JJ k�B 2fRk aa2 _ E2�k2'£2)4 ) §2 qt, )\ /fo -to0 @2! _ t _ ƒ LL § I §