HomeMy WebLinkAboutResolution - 2006-R0342 - Second Amendment To Agreement - Daniel Stephens & Associates, Inc. - 07_10_2006Resolution No. 2006-RO342
July10, 2006
Item No. 5.28
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Second Amendment to
Agreement to Provide Environmental Science and Engineering Services between the City
of Lubbock and Daniel B. Stephens & Associates, Inc., and any other related documents.
Said Second Amendment to Agreement 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 loth day of July 2006.
DAVID A. LER, MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
9
Thbmas Adams
Deputy City Manager
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
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June 29. 200G
Resolution No. 2006-RO342
July10, 2006
Item No. 5.28
SECOND AMENDMENT TO
AGREEMENT TO PROVIDE ENVIRONMENTAL SCIENCE AND
ENGINEERING SERVICES
This Second Amendment to Agreement to Provide Environmental Science and
Engineering Services (the "Second Amendment"), is made effective this loth day of
July , 2006, by and between the City of Lubbock, a Texas home rule
municipal corporation (the "City") and Daniel B. Stephens & Associates, Inc., a Texas
corporation ("Stephens").
WHEREAS, on or about May 6, 2004, Resolution No. 2004-R0232, the City and
Stephens entered into that certain Agreement to Provide Environmental Science and
Engineering Services (the "Original Agreement"), for services to be performed by
Stephens related to proposed Pump Station 10, Sandhills well field and other matters, as
described therein;
WHEREAS, on or about June 9, 2005, Resolution No. 2005-R0241, the City and
Stephens entered into that certain First Amendment to Agreement to Provide
Environmental Science and Engineering Services (the "First Amendment"), amending the
Original Agreement in certain respects, as described therein;
WHEREAS, the City is in need of additional environmental and engineering
services regarding the preparation of the Lubbock area model and certain services
regarding the Sandhills well Feld owned by the City;
WHEREAS, the City is no longer in need of certain environmental and
engineering services as provided in the Original Agreement, as amended by the First
Amendment;
WHEREAS, Stephens, which has significant environmental engineering expertise
regarding the subject matter thereof, is amenable to performing the requested additional
services and deleting the services no longer necessary for the City;
WHEREAS, the additional services to be provided by Stephens, as set forth in
this Second Amendment to Agreement to Provide Environmental Science and
Engineering Services, requires additional time for performance;
WHEREAS, the City and Stephens now desire to amend the Original Agreement,
as amended by the First Amendment, to provide for such additional services, to delete
certain services, and extend the time for performance for such services.
NOW, THEREFORE, the City and Stephens agree to amend the Original
Agreement, as amended by the First Amendment, in the following manner:
1. "Task 2 — Geologic Logging of Production Wells" and "Task 3 — Aquifer
Test Analysis" of Exhibit A to the First Amendment to the Original
Agreement titled "Additional Project Scope and Budget for Groundwater
Analysis for City of Lubbock PS-10 Project" are hereby deleted in their
entirety from the Original Agreement, as amended by the First
Amendment. No compensation shall be payable from the City to Stephens
for such Task 2 and Task 3.
2. The portions of "Task 5 — Water Quality Evaluation and Pumping Strategy
Design" of Exhibit "A" to the First Amendment of the Original
Agreement not completed to date are hereby deleted in their entirety from
the Original Agreement, as amended by the First Amendment. The
portions of this task (Task 5) not yet completed, and which will not be
completed, include determination of well capture zones using the model,
and determination of potential sources of contamination within each
capture zone. The City will compensate Stephens for that portion of Task
5 already completed, and which has already been invoiced.
3. "Task 1 - Implement Additional Data in the Lubbock Area Model", "Task
2 - Develop Two Predictive Model Runs for the Bailey County Well
Field", and "Task 3 - Provide Final Groundwater Utilization Study
Report", (collectively, the "Second Amendment Tasks') attached hereto as
Exhibit "A", are hereby added to the Original Agreement, as amended by
the First Amendment, the same as if the Original Agreement originally
provided for such activities.
4. The time period for the relative completion dates of the Second
Amendment Tasks are as set forth in Exhibit "A" attached hereto, which is
deemed to have been made a part of the Original Agreement, as amended
by the First Amendment, the same as if the Original Agreement originally
provided for such completion dates.
5. The total compensation to Stephens under this Original Agreement, as
amended by the First and Second Amendments, including that previously
received by Stephens, shall not exceed $236,877.50, which is the sum of
the contracted budget for the Original Agreement ($193,707.50) and the
First Amendment to the Original Agreement ($43,170).
6. All work to be performed to the Original Agreement, as amended by the
First Agreement and as amended herein, shall be completed on or before
October 30, 2006. The Original Agreement, as amended by the First
Amendment and as amended herein, shall expire on October 30, 2006.
7. Except as expressly modified or amended herein and by the First
Amendment, the Original Agreement shall remain valid and effective as
originally provided.
Daniel B. Stephens & Associates — Second Amendment
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EXECUTED and effective as of the date above first written.
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Thomas Adams, Deputy City Manager
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
CITY OF LUBBOCK, TEXAS
DAVID A. MILLER, MAYOR
DANIEL B. STEPHENS & ASSOCIATES, INC.
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Title:
mliRichard/Stephens.2"" Amendment to agreement -PSI O-final
June 20,2006
Daniel B. Stephens & Associates — Second Amendment
Page 3 of 4
Exhibit "A"
Project Tasks for Second Amendment to Agreement to Provide Environmental
Science and Engineering Services - City of Lubbock Contract No. 00006118
The scope of work for the second amendment to Contract No. 00006118 is as follows:
TASK 1 — Implement Additional Data in the Lubbock Area Model
Implement additional data into the Lubbock area model obtained from Texas Tech
grounds operations and potentially the LLAS, if such data do not cause substantial
changes in the existing model.
Estimated Cost: $4,500
TASK 2 — Develop Two Predictive Model Runs for the Bailey County Well Field
Develop, as recommended by the Lubbock Water Advisory Commission, two
predictive model runs for the Bailey County Well Field:
a. Drought & Postpone a Major Water Supply — Pump the Bailey County
Well Field at 25,000 AF annually as long as it can hold out.
b. Drought with Relief from CRMWA Well Field — Pump the Bailey County
Well Field at 25,000 AF annually for 5 years and then 10,000 AF
thereafter.
Estimated Cost: $3,700
TASK 3 — Provide Final Groundwater Utilization Study Report
Provide final Groundwater Utilization Study report that incorporates existing
comments as well as the results of Items 1 and 2 and supply 26 copies of the report to
the City as requested.
Estimated Cost: $6,725
Time Period for Completion
Completion of Tasks 1 through 3 listed above will complete the City of Lubbock
Groundwater Utilization Project. Tasks 1 through 3 will be completed within 3 months
of receipt of the approved second contract amendment by the City, but no later than
October 30, 2006.
Daniel B. Stephens & Associates — Second Amendment
Page 4 of 4