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1985-0110956L NOTE This ordinance has been amended by ordinance 90-156, copy of which is attached NO 9S-ZL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BLACK AND VEATCH FOR ENGINEERING SERVICES FOR THE LEWISVILLE HYDROELECTRIC PROJECT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is in the best interest of the City of Denton to provide for its future needs for Engineering Services for the Lewisville Hydroelectric Project, and WHEREAS, the city staff and the Public Utilities Board has recommended that Black and Veatch, be retained to perform Engineering Services for the Lewisville Hydroelectric Project, and WHEREAS, Section 2 36 (f) of the Code of ordinances requires that the city Council approve all expenditures of more than $3,000, and WHEREAS, Section 2 09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Black and Veatch, providing for Engineering Services for the Lewisville Hydroelectric Project under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval J PASSED AND APPROVED this the g day of ?11-t~ 19 *CIYqDNTON, TEXAS ATTEST UaA ,CI Y EASY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY *9 11tw B L A C K & V E A T C H ENGINEERS- ARCHITECTS TEL 19131 967 2000 TELEX 42 6263 City of Denton Lewisville Hydroelectric Project City of Denton Municipal Building 215 East McKinney Denton, Texas 76201 Attention Mr R E Nelson Director of Utilities Gentlemen 1500 MEADOW LANE PARKWAY MAILING ADDRESS PO BOX NO 8405 KANSAS CITY MISSOURI 64114 B&V Project 10566 December 10, 1984 This letter confirms our discussions of December 7, 1984, regarding the subject project Black & Veatch is willing to enter into the Engineering Services Agreement sent to your offices on July 18, 1984, based on a revised compensation basis This revised basis covers the initial engineering necessary to receive and evaluate bids for the turbine generator, and station electrical equipment and to entertain and evaluate proposals for alternative financing methods This work would be invoiced in a two- step process As the work progresses we would invoice you monthly at a rate of 1 0 times payroll costs plus actual out-of-pocket costs, as defined in Attachment 2 of our July 18, 1984, Agreement Once the project is fully authorized by the City, either with or without the services of Black & Veatch, we would invoice you for the amount of 0 85 times our accumulated payroll costs for work performed previously Engineering services performed beyond this scope and subsequent to the full authorization would be payable as defined in Attachment 2 of our July 18, 1984, Agreement or at 1 85 times payroll costs plus actual out-of-pocket cost If the project is not fully authorized due to over- all project feasibility then you are free to terminate the referenced agreement and are not obligated to pay us the deferred portion of our compensation BLACK a VEATCH City of Dentan Mr R E Nelson 2 B&V Project 10566 December 10, 1984 We estimate that the amount to full authorization is up compensation for this work the engineering services as generally unaffected except as outlined below payable for this inital scope of work prior to $30,000 The deferred portion of is approximately $16,500 The balance of outlined in our July 18 submittal is for schedule and scope of other purchases We have reexamined the balance of the engineering services and identified several items which are affected by this change in approach In general, if we defer engineering on the balance of the facilities we will limit our ability to purchase the penstock separate of the general construction We feel we can still complete the project in the fall of 1986 by rescoping some of the purchase packages This will require resubmittal of Attachment 1 to our July 18 Agreement We propose to do this once the work covered by this offering is accepted we are pleased to also inform you that Motor Columbus has agreed to participate in this initial phase of work on the same basis as our offering This will insure you the state-of-the-art technology and experience that Motor Columbus brings to our hydropower organization We trust that you and your Board of Utilities will find this offering acceptable We feel that due to the current economic climate that actual quoted prices will be below our current estimate This should directly improve overall feasibility and help minimize uncertainities, Very truly yours, BLACK & VEATCH R M Ellis DFG slo cc Mr J R Stack 2908L NO gais~ 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 authorizes 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 o funds in the manner and amount as specified in the Agreement, SECTION III That the City Secretary is hereby directed to attac 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- mediate y upon its passage and approval PASSED AND APPROVED this they' day of 1990 ATTEST JENNIFER WALTERS, CITY SECRETARY BY 0 /A i ,I L I I tb. - APPROVED AS TO LEGAL FORM Al- 1-2 1 1 BOB CASTLEBERRY, MAYOR DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY A d A 1/ C/(~ 2908L' 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 (18) 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/rday of , 1990 CITY OF DENTON, TEXAS BY ATTEST b JE "ER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY P QC Z~ T~ BLACK & VEATCH ENGINEERS-ARCHITECTS BY TITLE PAGE 3