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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 PAGE 2