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2008-234ORDINANCE NO. 2008- ~7,54 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICE AGREEMENT FOR APPRAISAL SERVICES RELATED TO THE 380 UTILITY RELOCATION PROJECT, BY AND BETWEEN THE CITY OF DENTON, TEXAS AND PYLES WHATLEY CORPORATION TO PROVIDE FOR PROFESSIONAL APPRAISAL SERVICES IN SUPPORT OF THE CITY OF DENTON ENGINEERING DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR IN THE AMOUNT OF AN ADDITIONAL $77,000.00 (FOR THE TOTAL NOT-TO-EXCEED AMOUNT OF $129,500.00); PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 16`h day of October, 2007, the City Manager, within his delegated authority, awarded a professional service agreement (the "Agreement") to Pyles Whatley Corporation in the amount of $52,500 for indefinite quantity appraisal services on the above project; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that an "Amendment No. 1 to the Professional Service Agreement for Appraisal Services Related to the 380 Utility Relocation Project" (the "Amendment") be authorized to amend such Agreement with respect to the total amount of professional fees to be expended, and said fees stated within the proposed Amendment are fair and reasonable and are consistent with, and not higher than the recommended practices and fees published by the professional associations applicable to Pyles Whatley Corporation'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 authorized to execute the "Amendment No. 1 to Professional Service Agreement for Appraisal Services Related to the 380 Utility Relocation Project" which is attached hereto as Exhibit "A," providing for additional professional services and increasing the amount of the existing professional services agreement by and between the City of Denton, Texas and Pyles Whatley Corporation, from an amount of not-to-exceed $52,500 to an amount of not-to-exceed $129,500; the Amendment is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said Amendment. The total purchase order amount will therefore increase to $129,500. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 7 day of , 2008. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EXHIBIT A PYLES * WHATLEY CORPORATION Real Fstau Consultants Wendell Pyles, MAI, SR/WA Jan Whatlry, IttAI, SR/WA August 28, 2008 Ms. Pamela G. England Real Estate Specialist Real Estate & Capital Projects Division Utility & CIP Engineering City of Denton 901-A Texas Street Denton, Texas 76209 Re: Real Estate Appraisals - Municipal Utilities Relocation Project, University Drive Dear Ms. England: Thank you for your request to submit a proposal for conducting real estate appraisals on the above described project. Based on the preliminary parcel information provided, we have estimated real estate appraisal fees as follows, for approximately 22 parcels: Per Appraisal Assignment - Up To S 3,500 With the City's agreement any appraisal assignment requiring a more complex analysis than anticipated based on the information available at this time, will be billed at a higher fee to be agreed upon by the City and Pyles Whatley Corporation The reports would include an opinion of value for the whole property, the part to be acquired, and damages, if any, to the remainder property. Once authorized to begin work, the reports could be completed in thirty to forty-five days. Throc copies of each of the appraisal reports would be submitted to your office. The fee for preparation and testimony in connection with a Special Commissioners Hearing would be billed at the rate of $100.00 per hour for preparation and 5250 per hour for testimony. The appraisal reports would be submitted in a oarnuive format, as appropriate, and prepared in accordance with the Uniforms Standards of Professional Appraisal Practice (USPAP) and in conformity with the requirements of the Code. of Ethics and Standards of Professional Practice of the Appraisal Institute. If you should need additional information, give me a call at 214 340 5880. Respectfully submitted, . . PYLES ` RPORATION ~ II Wendell Pyles, MAI. ` : . 11551 Forest Central . Suite 220 . Dallas, Texas 75243 .(214)340-5880 . Fax (214) 340.5472 800-340-2166. Email: Wendell&yleswfiatlry.com. Web: www.pylcswhatlcy.com