1990-1552180L
N0. 4 ~ '5
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR DESIGN
ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK &
VEATCH FOR ENGINEERING SERVICES RELATING TO THE LAKE RAY ROBERTS
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. 1 to the Agreement for Design Engineering Services
between the City of Denton and Black & Veatch for engineering
services relating to the Lake Ray Roberts 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. 1 to ordinance 88-90
and inscribe on the face of ordinance 88-90 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 day of , 1990.
BOB CASTLEBERRY, MAY
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADA`MI DRAYOVIITCH, CITY ATTORNEY
BY.
218o-L
AMENDMENT NO. 1 TO AGREEMENT FOR
DESIGN ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON, TEXAS AND BLACK & VEATCH,
ENGINEERS-ARCHITECTS DATED MAY 17, 1988
WHEREAS, on May 17, 1988 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 Ray Roberts Dam 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-
sions 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 17th day of May, 1988, 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 1.85 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 21080.
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.
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Engineer agrees that the total amount payable by owner for
the Services shall not exceed Three Hundred Fifty Thousand
Eight Hundred Eighty-Four ($350,884) 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 17th day of May, 1988
remain in full force and effect.
Executed this &t day of (06A& ~ , 1990.
CITY OF DENTON, TEXAS
BY: 'dam
BOB CASTLEBERRY, MA R
ATTEST:
JEN ER LTER i CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: ZY_"j
BLACK & VEATCH
ENGINEERS-ARCHITECTS
/l
BY
`TITLE:
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