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2008-007s:Aour documents\ordinancesV08Vdme transformer purchase reaward.docx ORDINANCE 000 Qp 7 AN ORDINANCE AMENDING ORDINANCE 2007-260 SO AS TO AWARD A ONE-TIME PURCHASE FOR OVERHEAD MOUNTED AND UNDERGROUND PAD DISTRIBUTION TRANSFORMERS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3886-ONE-TIME PURCHASE FOR OVERHEAD AND UNDERGROUND DISTRIBUTION TRANSFORMERS AWARDED TO WESCO DISTRIBUTION IN THE AMOUNT OF. $770,846, AND TO TECHLINE, INC. IN THE AMOUNT OF $98,676 FOR A TOTAL AWARD AMOUNT OF $869,522) WHEREAS, on November 6, 2007 the City Council adopted Ordinance 2007-260 accepting and approving, inter alia, the bid of TEC Utility as being the lowest responsible bids for Items 1-7, 9-16 and 13-17 of Bid 3886-One-Time; and WHEREAS, due to circumstances beyond the control of TEC and HD Supply, the next lowest responsible bidder, and City, neither TEC nor HD Supply are able to comply with the terms of the said bid award and supply the specified transformers at the prices bid; and WHEREAS, Techline, Inc. and Wesco are able to comply with the terms of the bid and to supply the specified transformers at the prices bid; and WHEREAS, The City Council has provided in the City budget for the appropriation of finds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section I of Ordinance 2007-260, is hereby amended to read as follows: The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: Item # Vendor Amount 2-4 Techline; Inc. $ 98,676 1,5-7,9-16 Wesco Distribution $770,846 s:\our documents\ordinancm\08\dme transformer purchase reaward.docx SECTION 2. All other provisions of Ordinance 2007-260 shall remain in full force and effect. SECTION 3. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terns, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contact in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 2008. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY LEGAL FORM: CITY ATTORNEY 1 BY: EDWIN M. SNYDER,