20-1942ORDINANCE NO.20- 1942
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICEPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A THIRD AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND POWER
ENGINEERS, NC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON
OCTOBER 9, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $776,600; AMENDED BY
AMENDMENT 1 APPROVED BY PURCHASING; AMENDED BY AMENDMENT 2
APPROVED BY CITY COUNCIL; SAID THIRD AMENDMENT TO CONTINUE TO PROVEDE
SERVICES FOR CIP PROJECTS WHERE RELAY AND CONTROL COMMISSIONING AND
NERC TESTING IS REQUIRED; PROViDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FEE 6861 – PROVIDING FOR AN
ADDITIONAL TUIRD AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $871,000,
WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $2,252,400).
WHEREAS, on October 9, 2018, by Ordinance No. 18-1483, the City awarded a contract to
POWER Engineers, Inc. in the amount of $776,600 provide services for Capital Improvement
Projects where design or relay and control commissioning has been initiated; for providing North
American Reliability Corporation (NERC) required periodic relay and protection system testing for
two substations; for meeting obligations of the Texas Municipal Power Agency (TMPA)
Transmission Operator, Maintenance, and Construction Services Agreement; for providing a
contingency for unforeseen engineering support requirements; and for providing a contingency for
emergency relay and control system support; and
WHEREAS, on March 14, 2019, Purchasing approved Amendment 1 with POWER
Engineers, Inc, to add line items to the existing contract; and
WHEREAS, on December 17, 2019, by Ordinance No. 19-2903 the City awarded an
Amendment 2 to POWER Engineers, Inc. in the amount of $604,800 to provide services for CIP
projects, where relay and control commissioning is required, for periodic NERC testing, meeting
obligations of the Texas Municipal Power Agency (TMPA) Transmission Operator, Maintenance,
and Construction Services Agreement; and
WHEREAS, the additional fees under the proposed Third Amendment are fair and reasonable
and are consistent with and not higher than the recommended practices and fees applicable to the
Provider’s profession and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCE OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Third Amendment, increasing the amount of the contract between the City
and POWER Engineers, Inc., which is on file in the office of the Purchasing Agent, in the amount of
Eight Hundred Seventy-One Thousand and 00/100 Dollars ($871,000), is hereby approved and the
expenditure of funds therefor is hereby authorized in accordance with said amendment. The total
contract amount increases to $2,252,400.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to3pprove this ordinance was made by -'JoY\r\ Rl CAn and seconded by
+%\n+W, the 'rdhan” w” p””d '"d 'pp”"'d by th' f'11'wi"gvote MTJIJ
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the a day of IaA_Mx_, 2020.
CHRIS WAT q:Nh–Y–dR
Gerard Hudspeth, Mayor Pro Tem
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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