1990-1562908L
NO. V 5
AN ORDINANCE APPROVING AMENDMENT NO. 2 TO AN AGREEMENT FOR DESIGN
ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK &
VEATCH FOR ENGINEERING SERVICES RELATING TO THE LAKE LEWISVILLE
HYDROELECTRIC FACILITY; 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. 2 to the Agreement for Design Engineering Services
between the City of Denton and Black & Veatch for engineering
services relating to the Lake Lewisville Hydroelectric facility
under the terms and conditions being contained in said agree-
ment, which is attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in
the Agreement.
SECTION III. That the City Secretary is hereby directed to
attach a copy of the attached Amendment No. 2 to Ordinance 85-11
and inscribe on the face of Ordinance 85-11 a statement that the
Agreement has been amended by the adoption of this ordinance.
SECTION IV. That this ordinance shall become effective im-
mediately upon its passage and approval
PASSED AND APPROVED this the L14yday of , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BOB CASTLEBERRY, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
2908E
AMENDMENT NO. 2 TO AGREEMENT FOR
DESIGN ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON, TEXAS AND BLACK & VEATCH,
ENGINEERS-ARCHITECTS DATED JULY 18, 1984
WHEREAS, on July 18, 1984 the City of Denton, hereinafter
called Owner, and Black & Veatch, Engineers-Architects, herein-
after called Engineer, entered into an agreement for the perfor-
mance of professional engineering services in connection with the
Lake Lewisville Hydroelectric Project; and
WHEREAS, due to certain factors beyond the control of either
party, the design of said Hydroelectric Project has been delayed;
and
WHEREAS, the Engineer has requested that the contract provi-
ions relating to compensation be amended and the City has agreed
to such changes; NOW, THEREFORE:
W I T N E S S E T H:
ARTICLE I.
Pursuant to Article 18.0 (Integration and Modification) of
that certain Agreement entered into by and between the owner and
Engineer on the 18th day of July, 1984, Engineer and owner hereby
agree:
That Attachment 2.0 (Compensation) of said Agreement is hereby
amended so that it shall hereafter be and read as follows:
ATTACHMENT 2.0
COMPENSATION
Owner shall pay to the Engineer for the performance of the
Services the sum of the following amounts:
(1) The amount of 1.836 times payroll costs for the actual
time of office personnel applied to the Services.
(2) An amount equal to the actual out-of-pocket cost or
standard charges for all expenses incurred by Engineer
directly chargeable to the Services rendered pursuant
to this Agreement. Such expenses shall specifically
include, but are not necessarily limited to, the
following:
(a) Long distance telephone expenses.
(b) Standard charges for operating time actually
applied to the Services of Engineer's computer
center, other computer centers, and Engineer's
automated drafting systems.
(c) Prints, reproductions, word processing, and
printed documents at standard rates.
(d) Actual costs of reasonable traveling and living
expenses for personnel.
(e) The actual cost paid by the Engineer to third
parties.
(f) other direct expenses related to the Services.
An escalation rate of not more than five (5%) percent per
year will be applied to salary costs for services performed
subsequent to December 31, 1988.
Payroll costs include actual salary plus allowances for
holidays, vacation, sick leave, FICA and unemployment
taxes, worker's compensation insurance, and employee bene-
fits including medical insurance, supplemental retirement
programs, life insurance, incentive compensation, tuition
reimbursements, and other miscellaneous benefits.
The payroll allowance shall be fixed for the term of this
Agreement at 33.83 percent of the hourly salary rate.
Hourly salary rates shall be equal to the annual salary
divided by 2,080.
The Engineer's fiscal month is divided into 13 four-week
accounting periods. Each accounting period contains 160
hours.
Engineer will submit to owner invoices for Services per-
formed over a four week period. Each invoice will be sub-
mitted by the tenth day of the four week period following
the four week period during which such Services were
performed.
Owner agrees to pay Engineer's four week period invoice
within thirty (30) days after the receipt of the invoice
and to pay Engineer a carrying charge of one (1%) percent
per month (twelve (12%) percent per year) or the maximum
rate allowed by law, if less, on all amounts remaining
unpaid after sixty (60) days following an invoice date.
Owner has the right to audit the time records and salaries
of personnel and charges for direct expenses for this
project.
PAGE 2
Engineer agrees that the total amount payable by owner for
the Services shall not exceed Four Hundred Fifty-Six
Thousand Seven Hundred Twenty-One ($456,721) Dollars for
Services without prior written approval from the Owner.
ARTICLE II.
In all other respects, the terms and conditions of the Agree-
ment, as executed by the parties on the 18th day of July, 1984
and Amendment No. 1, executed by the parties on the 19th day of
January, 1988, remain in full force and effect.
Executed this /-&7day of 1990.
CITY OF DENTON, TEXAS
BY:
ATTEST:
JE ER ALTERS, CITY SECRETARY
BY: iBOB CASTLEBERRY, MA
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BLACK & VEATCH
ENGINEERS-ARCHITECTS
r' ctC/~
BY
/TITLE:
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