HomeMy WebLinkAbout~Master - Change Order No. 2 with BrownWinick for legal services RESOLUTION NO. 15-423
RESOLUTION APPROVING CHANGE ORDER NO. 2 TO PROFESSIONAL
SERVICES AGREEMENT FOR LEGAL SERVICES FOR
161KV TIE LINE FRANCHISE
FOR THE CITY OF AMES,IOWA
WHEREAS, due to complexities surrounding the City's installation of a 16lkV
interconnection with MidAmerican Energy Company in Ankeny, a substantial amount of outside
legal services has been needed; and,
WHEREAS,in 2008,the City Council approved a retainer agreement for legal services with
the BrownWinick Law Firm of Des Moines, Iowa; and,
WHEREAS, since that time, the BrownWinick Law Firm has assisted the City through a
protracted process of filings with the Iowa Utilities Board(IUB),presentations to an Administrative
Law Judge(ALJ),and dealing with legal objections raised by property owners along the route of the
new tie line; and,
WHEREAS,the City paid$421,553 to this firm for these services and that project purchase
order was closed on November 27, 2013; and,
WHEREAS, one unresolved issue required additional specialized legal services from
BrownWinick, and it involves the determination of the amount of compensation that should be
granted to a specific landowner for an easement; and,
WHEREAS, the City and the landowner met before the Compensation Commission and,
from a city perspective, a fair value of$14,900 for the easements was determined and paid to the
landowner; and,
WHEREAS,on March 30, 2014, the Ames to Ankeny 16lkV transmission line was placed
in service; and,
WHEREAS,the landowner was not satisfied with the compensation amount awarded by the
Compensation Commission and has filed suit in court for an amount not less than $300,000; and,
WHEREAS, on March 13, 2014, a new Purchase Order in the amount of$30,000 for legal
services to prepare and defend the suit was authorized by the City Manager's Office, and,
subsequently, Change Order No. 1, in an amount of$18,000 was approved by the City Manager's
Office for this legal work; and,
WHEREAS,it now appears an additional$25,000 will be needed by the law firm to complete
the task,and the FY 15/16 Electric Administration budget for outside professional services contains
$50,000 of unobligated funding which can be used to cover this additional $25,000 expense.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that Change Order No.2 to the professional services agreement with BrownWinick of Des Moines,
Iowa,increasing the amount authorized to pay for these legal services to$73,000 is hereby approved.
ADOPTED THIS 14`h day of July, 2015.
A.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Nelson
Seconded by: Goodman
Voting aye: Betcher, Gartin, Goodman,Nelson, Orazem
Voting nay: None Absent: Corrieri
Resolution declared adopted and signed by the Mayor this l4t" day of July, 2015.