HomeMy WebLinkAbout~Master - Change Order No. 4 legal services for 161 kV Tie Line Franchise RESOLUTION NO. 16-267
RESOLUTION APPROVING CHANGE ORDER NO. 4 TO PROFESSIONAL
SERVICES AGREEMENT FOR LEGAL SERVICES FOR
161 KV TIE LINE FRANCHISE
FOR THE CITY OF AMES
WHEREAS,this project was to construct a 161 kV transmission line from Ames'Ames Plant
substation to Mid-American Energy Company's (MEC) 161kV switching station northeast of
Ankeny; and,
WHEREAS, this project was the final phase of a five-phase project to increase electric
delivery into the City to provide reliable electric service to the utility's customers under many
different outage scenarios; and,
WHEREAS, due to landowner challenges surrounding the City's installation of this
transmission line, a substantial amount of outside legal services were needed, and in 2008,the City
Council approved a retainer agreement for legal services with the BrownWinick law firm of
Des Moines, Iowa; and,
WHEREAS, after unsuccessful negotiations with two landowners and appeals filed in
District Court,City staff has directed outside counsel to initiate the process of appealing the District
Court's decision to the Iowa Court of Appeals; and,
WHEREAS, outside legal counsel is now performing work to appeal the District Court
judgment to the Iowa Appeals Court, and staff is requesting that the City Council approve Change
Order No. 4 in an amount of$50,000; and,
WHEREAS, this action will increase the overall authorized amount to $146,000; and,
WHEREAS,while the legal support expense is high, it should be noted that for nearly four
years,BrownWinick has provided excellent legal services before an Administrative Law Judge,the
Iowa Utilities Board, and now the Iowa Court of Appeals; and,
WHEREAS, the FY 2015/16 CIP budget for 69 kV Transmission Reconstruction includes
$349,610 of unobligated funding, which can be used to cover this additional $50,000 expense.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that Change Order No. 4 in the amount of$50,000 to the professional services agreement with
BrownWinick of Des Moines, Iowa, is hereby approved.
ADOPTED THIS 10t1i day of May, 2016.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Gartin
Seconded by: Betcher
Voting aye: Betcher, Beatty-Hansen, Corrieri, Gartin,Nelson, Orazem
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 1 oth day of May, 2016.