Res 1472 10/8/1973F
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RESOLUTION NO. /1/7,1i
RESOLUTION APPROVING SUPPLEMENTAL
AGREEMENT NO. P00003 WITH THE UNITED
STATES CONCERNING RECONSTRUCTION OF
LAKE KEMP.
WHEREAS, the City of Wichita Falls, Wichita County Water
Improvement District No. 2 and the United States entered into
Contract DACW56-67-C-0252 concerning the reconstruction of the
dam and spillway at Lake Kemp; and,
WHEREAS, the parties desire to clarify the expenditure
and reimbursement of City of Wichita Falls and Wichita County
Water Improvement District No. 2 funds in the operation and
maintenance of Lake Kemp by the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
Supplemental Agreement No. P00003 , a copy of which is
attached hereto, between the City of Wichita Falls, Wichita
County Water Improvement District No. 2 and the United States
is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED THIS THE 8TH DAY OF OCTOBER, 1973.
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M A Y O R
ATTEST:
City lerk
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Contract No. DACW56-67-C-0252
Supplemental Agreement No. P00003
SUPPLEMENTAL AGREEMENT
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THIS SUPPEEWENTAL AGRFITENT, entered into this- day of
1973 by and between the UNITED STATED OF AMERICA, represented by the
cnriI: actit'1 officer executing this agreement, and the CIri OF WICFTTA FALLS,
1•i:'iA , a body politic and corporate existing uncle,: the laws •of_ the State
of Texas, and .UICNI''A COUNTY WATER IMPROVEMENT DI3TR.ICT NO. 2, a body
Ituli+: ao.i corporate existing .under the lows of the State. of Texas, with
its v.:i.n,if:ill offke and place of business in the City of Wichita Falls,
State e: . exas . WTTUESSETH THAT: 0
i':' 'R1':';,. or 5 Sc:pt: r,,,er 1967, the parties hereto entered into C^^.tract
o. 655--67-C-025:'. fur the Reconstruction of Lake Kemp on the Wichita
Rive:: in La Lor County. Texas; and
f;rji+c'':t-'er:t and Owners now desire to change the navrtent
rerlt:E.ncv ;:Or the Ccr rr ^..:r:t 's share of actual operation, rmaintenance_, and
costs; :ir1•J the Cevcrnmeut: and Owners Further desire to chance
1•1t• (.C•' t_, _ _t to '1"c'»•(,1c fcr reimiuriii I:}'c- owner for sul'er Ji.sion and
aOr.ei11iSt..rat'].On e:.he!t:-;ti• '-v '' n.ivin a t xec percent to direct ope'iation_ ann
i.1.i.ht:..._.1C••' e:•:pC;1sc. r":1•.;ire adv r:ce .'.Iprrovel of the contracting officer
fur rt_i.i o r . ail•': j.•rovii;c' ?o r.ctit_vi112 owner when fiscal year funds are
a\-ai:l.ahi: for paymc-,ut of operation and maintenance expense; and
ii: I?E1iS, the C: 'c'rn^.ent and the ('1.:ncr.; pow desire to change SW
ro:?t;.r.. indic::icd and f'a'de agreed to• :..:di change upon the
icrr.;, c irivatioru; herci_il.1f t:ei Sec out:
l ::TORY, the Lavcrn:r.ent and the Owners lnl)tually agree that- said
contract s:l c+.i.l. he c_hang'. in the following partir•ulars:
Pa;,.ePa;,. i., i'rt i.clr ?.. :'l'1 the col l owf ng:
t?'i'rvicAol ahi E:d1:''iniitrati.Je c:`.pen,e as it applies to this
contract .i c:1nridc) .. a be :) ) cost_ of super-v i iOn admtinistrative
upi! -n t :-u( h .2'77 h i i i r.; :.s Is, r•C;::ird Luc ni n,, , supplies, cost of
procuv-m , :.rl!i ni.tler cost of edr01.nie rjtinn.
4, p•:1-n. cl. 1ar:.graph in Its entirety anal subst.itut4-?
ci. "' Il (=overn:nont shall, subject to the avct .lrhi?.ity of funds, pay
t:1 Iuwn.:rs i•'cric•c;.ca.l.)•y but no more often Ulan rltol:th .y as tFe. share allocated
to flared c.untcol 51.6 r:.:rcent of actual operation, maintenance, and
1•,'p.l acemeat cost , incurred by owners during .ire previous month and/or
h:'!ljllg period, upon c01'?C•enceuent of 'pt'rati.on of reconstructed project.
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s.
Payment will be made upon receipt of invoices, 4n quadruplicate, supported.
by such evidence of actual costs incurred by the Owners as may he required
by the contracting officer. If it becomes apparent that the frequency of1
iii billings creates en administrative burden, the billing cycle may be changed
by mutual agreement.
1) Supervisicr and administrative expense shall he recovered by
allnlyins a 5X burden on the Government's share of all direct operation and
3air.tenanre charges. This percentage can be chap: ed by mutual agreement
after operation and maintenance has generated enough experienced cost to
substantiate such a change.
2) The following shall require the advance written approval of the
con tracting officer:
a) Salary increases for operation and maintenance personnel, which
shall he consistent with the owner's usual practises.
b) Purchase of equipment (costing in excess of $].00) .
r*; c) Najor maintenance or construction of new structures and/ortifacilities.
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1) h'hc' (h,ner will he pdvi scc in t.7ritiriz e,(7h .t'ea'r, ',,}ion c' r,:e t
1ir::,1 yc:or funds are available for payment of operation and maintenance
expense .
wi Except as herein changed, the terms an= conditions of Contract No.
DAC;J56-67-C-0252 shall remain in full force and effect.
THE UNITED STATES OF AMERICA
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By 0/L.. 611:H:; G. DRISKILL
jclonel, CE
i Pi st riot Engineer
Contracting Office;-
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CITY OF WICHITA FALLS, TEXAS
J fittest:
By
WICHITA COUNTY WATER IMPROVE)•WNT
tnsC //_,
L<,,--,
DISTRICT !<0. 2