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
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