2010-022FILE REFERENCE FORM 2010-022
X Additional File Exists
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FILE(S) Date Initials
Agreement for Renewal, Ratification and Extension of Purchase of
Power Transformers [ori inal renewal is attached] 06/12/12 JR
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ORDINANCE NO. ZO 10-022
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE
SEALED BIDS AND AWARDING A BEST VALUE CONTRACT FOR THE PURCHASE OF
15/20/25//28 MVA, 138KV AND 138 KV X 69KV TO 13.2/7.62KV SUBSTATION POWER
TRANSFORMERS FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
4425-BEST VALUE BID FOR PURCHASE OF 15/20/25//28 MVA POWER TRANSFORMERS
IN THE ESTIMATED FIRST YEAR AMOUNT OF $2,212,330.
WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for
the purchase of necessary materials, equipment, supplies or services in accordance with the
procedures of State law and City ordinances based on the best value as determined by using the
selection criteria set forth in the request for bids; and
WHEREAS, the City's selection committee has reviewed and recommended that the herein
described bids are the best value based on the selection criteria for the materials, equipment,
supplies or services as shown in the "Bid Proposals" submitted; and
WHEREAS, the City's Purchasing Agent has determined that the best value bid process
provides the best value to the City for this procurement; and
�1VHEREAS; the City Council has provided in the City Budget for the appropriation of funds
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. The findings and conclusions set forth in the preamble of this ordinance are
incorporated within the body of the ordinance.
SECTION 2. The options 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, is hereby accepted and approved as being the best value based on the selection criteria
contained in the request for bids for such items:
BID
NUMBER VENDOR AMOUNT
4425 Waukesha Electric Exhibit A
. SECTION 3. By the acceptance and approval of the above 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 terms, specifications, standards,
quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related
documents.
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SECTION 4. The City Manager is hereby authorized to execute any and all necessary
written contracts for the performance of the services in accordance with the bids accepted arid
approved herein, provided that such contracts are made in accordance with and relating to the items
specified in Section 1, which written contract(s) shall be attached hereto; provided that the writteri
contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents
relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and
specified sums contained therein.
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
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PASSED AND APPROVED this �— day of � , 2010.
ATTEST:
JENN�ER WALTERS, CITY SECRETARY
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APPR ED A'� TO LEGAL FORM:
ANITA URGESS, CITY ATTORNEY
BY: � \
4-ORD-Bi 425 �
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Exhibit A
BID # 4425
Date: December 29, 2009
Best Value Bid For The Purchase of l5/20/25/28
MVA Po�ver Transformers
ITEM DESCRIPT[ON VE\TDOR
Waukesha
Electric
Principle Place of I3usiness: Goldsboro, NC
1 Fort �Vorth Substation (138kV; requested
delivery April 30, 2010)
a Basis Bid Price �6»,043.00
22-26 Weeks
b Proposed Shipping Date ARO
c Base Total Fuel Cost for Freight \'A
d Base Fuel Unit Cost ($ / gallon) \�A
� Bonnie Brae Substation (138kV x 69kV;
requested deliver�' December 2010)
e Basis Bid Price �697.521.00
f Proposed Shippine Date 12/1/2010
g Base Total Fuel Cost for Freight \tA
h Base Fuel Unit Cost (� / gallon) NA
� Bonnie Brae Substation (138kV x 69kV;
requested deli��ery December 2010)
i Basis Bid Price �697;521.00
j Proposed Shipping Date 12/l/2010
k Base Total Fuel Cost for Freight \�A
1 Base Fuel Unit Cost (� / gallon) NA
Bid Bond YES
THE STATE OF TEXAS
CK�Ii��M���1��7��(1C�l�l
AGREEMENT FOR RENEWAL, RATIFICATION AND EXTENSION OF
PURCHASE OF POWER TRANSFORMERS
THIS AGREEMENT is made and entered into as of the � day of June, 2012, 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 Waukesha Electric Systems, Inc., a Corporation, with its corporate offices at Waulcesha,
Wisconsin and Goldsboro, North Carolina, hereinafter called "Waukesha," acting herein, by and
through their duly authorized representatives and officers.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually AGREE as follows:
SECTION 1
RENEWAL
(a) The Owner and Waukesha desire to renew their agreement and understandings
which are found and described in City of Denton, Texas Ordinance No. 2010-022, enacted and
effective on February 2, 2010, and as more particularly described in the City of Denton Request
for Bid No. 4425 entitled "Best Value Bid for Purchase of 15/20/25//28 MVA Power
Transformers (138kV and 1381cV x 69kV to 13.2/7.62kV) With Option for One-Year Renewable
Purchase Agreement" and in Waukesha's bid response thereto.
(b) The Owner presently desires to purchase additional power transformers from
Waukesha and wishes to confirm its agreement and understandings with Waukesha (hereafter
referred to as the "Agreement"), and states that it wishes to exercise the option to purchase
additional power transformers and renew the Agreement, complete with the Optional
Transformer Base Price Escalation/De-escalation Calculations Feature and the Price-Lock
Consideration.
SECTION 2
RATIFICATION
(a) The Owner and Waukesha agree that in the unlikely event that their Agreement has
inadvertently lapsed, at this time they agree to retroactively ratify and confirm all the terms of said
Agreement and all of the provisions, covenants and conditions appertaining thereto, as if there was
no lapse respecting the Agreement.
SECTION 3
EXPIRATION
(a) The Owner and Waukesha agree that the length of the engagement under their
Agreement for a term of five years from the date of its approval by the Denton City Council,
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February 2, 2010, unless further extended by a written agreement signed by the Owner and
Waukesha.
SECTION 4
EXTENSION
(a) The Owner and Waukesha agree that their agreement is hereby extended for all
purposes.
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: �.
APP VED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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By: �
ATTEST:
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By: �,�,,�' ,
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"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
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By: •
GEORGE C. CAMPBELL
CITY MANAGER
"WALJKESHA"
WAUKESHA ELECTRIC SYSTEMS, INC.
A Corporation
By: �
Its �,.� q�,�
S�; ,4�p l. ��� .� �-��:� �-r-
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