1994-036E:\~PDOCS\ORD\HDRM4D.O
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND
HDR ENGINEERING, INC. FOR THE SANITARY LANDFILL DEVELOPMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor and City Secretary are hereby
authorized and directed to execute and attest, respectively,
Amendment No. 1 to the Agreement for Professional Engineering
Services between the City of Denton and HDR Engineering, Inc. for
engineering services for the sanitary landfill development under
the terms and conditions being contained in said Agreement, which
is attached hereto and made a part hereof.
SECTION II. That the City Secretary is hereby directed to
attach a copy of the attached Amendment No. 1 to Ordinance 93-113
and inscribe on the face of Ordinance 93-113 a statement that the
Agreement has been amended by adoption of this ordinance.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~ day of /~ , 1994.
BOB CASTLE~BE~r~~~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
AMENDMENT NO. i TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON, TEX~S AMD HDR ENGINEERING, INC.
DATED JUNE 15, 1993
WHEREAS, on June 15, 1993 the City of Denton, hereinafter
called city, and HDR Engineering, Inc., hereinafter called
Engineer, entered into an agreement for the performance of
professional engineering services in connection with the sanitary
landfill development, hereinafter called the Agreement; and
WHEREAS, the Engineer has requested that the contract
provisions relating to indemnification be amended, and the city has
agreed to such changes; NOW, THEREFORE,
WITNES SETH:
ARTICLE I.
That Section 7.9 (Indemnity Agreement) of said Agreement is
hereby amended to add the following section:
7.9.2.1 Subsurface sampling may result in unavoidable contamina-
tion of certain subsurface areas, as when a probe or boring device
moves through a contaminated area, linking it to an aquifer, under-
ground stream, or other hydrous body not previously contaminated
and capable of spreading hazardous materials off-site. Because the
State of Texas is requiring that the city perform such subsurface
sampling, the city waives any claim against Engineer for injury or
loss which may arise as a result of alleged cross-contamination
caused by sampling, except if such injury or loss is caused by
Engineer's gross negligence. The city further agrees to defend,
indemnify and hold Engineer harmless from any claim or liability
for injury or loss which may arise as a result of alleged cross-
contamination caused by sampling except when and if such is caused
by Engineer's gross negligence, city further agrees to compensate
Engineer for any time spent or expenses incurred by Engineer in
defense of any such claim in accordance with the hourly rates and
expense reimbursement provisions in the contract between the City
and Engineer dated June 15, 1993.
ARTICLE II.
In all other respects, the terms and conditions of the
Agreement, as executed by the parties on the 15th day of June, 1993
remain in full force and effect.
CITY OF DENTON, TEXAS
ATTEST: BOB CASTLEBERRY, MA~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
HDR ENGINEERS, INC.
E: \~IPDOCS\K\AHEND, I~DR
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