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HomeMy WebLinkAboutResolution - 2011-R0389 - Amendment To Agreement - Hardin & Associates LLC - 09_08_2011Resolution No. 2011-RO389 September 8, 2011 Item No. 5.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Second Amendment to a Professional Services Agreement, by and between the City of Lubbock and Hardin & Associates, LLC, and all related documents. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this September 8 , 2011. TOM MARTIN, MAYOR ATTEST: Q-O-Q'� , 5k - Rebe3ca Garza, City Secret APPROVED AS TO CONTENT: Aubrey A. Spears, P. ., Director of Water Resources APPROVED AS TO FORM: as/ccdocs.Reso.Hardin & Assoc.8.16. i 1 Resolution No. 2011-RO389 STATE OF TEXAS COUNTY OF LUBBOCK § AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT This amendment to Agreement is entered into this 8 th day of September , 2011 between the City of Lubbock, a Texas municipal corporation (hereinafter called "the City") and Hardin & Associates, LLC. (the "Consultant"), a Texas corporation. WHEREAS, the Consultant and the City have previously entered into Agreement dated April 19, 2010, Resolution No. 2010-RO203 (hereinafter called "the Agreement"); and WHEREAS, this Amendment to the Agreement adds scope to the original agreement and the City and the Consultant hereby desire to amend said agreement; and WHEREAS, the Agreement and this Amendment to the Agreement provide for Professional Services for conducting backflow prevention customer service inspections (CSIs) as required by the Texas Commission on Environmental Quality (TCEQ), and providing CSI Compliance Reinspections to ensure customer compliance to the City of Lubbock Cross -Connection Control Backflow Prevention Program and Ordinance; and WHEREAS, the purpose of this amendment is to extend the Agreement to allow Hardin & Associates Consulting, LLC. to continue assisting the City in: 1) conducting backflow prevention customer service inspections (CSIs) as required by the Texas Commission on Environmental Quality (TCEQ), 2) conducting cross -connection control water use survey inspections on medical, large industrial, and governmental institutions, and 3) providing CSI Compliance Reinspections to ensure customer compliance to the City of Lubbock Cross -Connection Control Backflow Prevention Program and Ordinance; and WHEREAS, the original scope specified conducting 1,760 CSIs, the Amendment No. 1 added 2,000 CSIs, and this Amendment to the Agreement will add an additional 2,551 CSIs to be conducted; and WHEREAS, this Amendment to the Agreement extends the time for the original Agreement and shall expire on September 30, 2012; and WHEREAS, after completion of the initial Agreement term and amendment, the Agreement may be renewed for a period not to exceed one year per renewal with no more than two renewal periods, under the same terms and conditions and at the sole discretion of the City; and WHEREAS, this Amendment to the Agreement will add $300,930 to the maximum amount payable of this contract, thus increasing the maximum amount payable from $544,570, and establishing a new maximum amount payable for this contract at $845,500; and WHEREAS, the added cost is necessary to conduct 2,551 additional backflow prevention customer service inspections as required by the TCEQ, 160 hours of water use surveys, and 10 hours of CSI compliance reinspections to ensure customer compliance to the City of Lubbock Cross -Connection Control Backflow Prevention Program and Ordinance. NOW THEREFORE, the City and the Consultant hereby agree to amend the Agreement as follows: 1) That "Attachment B-1 " of the Agreement is hereby substituted and replaced with the Attachment "B-2" that is attached hereto. 2) This amendment to the Agreement shall be effective upon execution. The remainder of the Agreement shall remain in full force and affect except as changed herein. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of this 8 th day of September , 2011, CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: L., t GL Aubrey A. Spe , P.E., Direc or of Water Resources APPROVED AS TO FORM: _ram star i Attorney HARDIN & ASSOCIATES CONSULTING, LLC By: —Z ---1-,IZA 49 '--� 6�07 Name: AA J Title: � Resolution No. 2011—RO389 EXHIBIT B 2 PAYMENT OF FEES BACKFLOW PROTECTION PROGRAM CONSULTING HAROIN & .A SSOCIATE'S CONSULTING, LTC The City shall pay HAC for services set forth in Exhibit A on an hourly rate basis and per inspection basis as indicated in the attached schedule below. Each task shall be paid on a Not -to - Exceed basis as follows: Task 1: Project Management (hourly) $ 6,900 Task 2: CSI / Backflow Inspections $292,880 2.1. Customer Service Inspections (CSIs) (per inspection) $267,880 2.2. CIS Data Management (hourly) $ 5,000 2.3. Cross -Connection Surveys (upon City approval) (hourly) $ 20,000 Task 3: CSI Compliance Reinspections $ 1,150 3.1. Conduct in the field CSI Compliance Reinspections (hourly) $ 1,050 3.2. CST Compliance Reinspections data entry (hourly) $ 100 Total Contract Amount $300,930 *'All tasks associated with this contract are scheduled to be accomplished by September 30, 2012 Backflow Cross - Connection Water Use CSI Control Sr Per Survey Compliance Sub Program and PM PM TA PIC SAM DM Inspection Inspection Reinspections Tasks Tasks Ordinance $125 $95 $75 $125 $95 $25 $105 $125(hourly) $M(hourly) Cost 1 Project 40 20 $6,900 Management 2 Backilow - Inspections Customer 11 Service 2,551 $267,880 Inspections 2 2 Data 200 $5,000 Management Cross- 2.3 Connection 160 $20 000 Water Use ' Survey Conduct in the field CSI 3 3.1 Compliance 10 $1,050 Reinspections oud CSI Compliance 3.2 Reinspections araen� s 4 $100 purl ,J