HomeMy WebLinkAboutResolution - 2004-R0598 - Amendment To Drainage Improvements Contract - Barnard Construction Co. - 12_16_2004Resolution No. 2004-RO598
December 16, 2004
Item No. 38B
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 an Amendment to the South
Central Lubbock Drainage Improvements Contract (BID #001-01/VK) between the City
of Lubbock and Barnard Construction Company, Inc. dated June 14, 2001. 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 16th day of December —,2004.
je� Z
MARC McDOUGA , MAYOR
ATTEST:
Rebec Garza, City Secretary
AS TO
ty Engineer
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section
Lc:UAtty/Linda/RES- Bamard Amendment
December 7, 2004
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Resolution No. 2004-RO598
December 16, 2004
Item No. 38B
This amendment to the SOUTH CENTRAL LUBBOCK DRAINAGE IMPROVEMENTS
CONTRACT (BID #001-01/VK) dated June 14, 2001, (this "Amendment") is made by and between
the City of Lubbock, Texas, ("City") and Barnard Construction Company, Inc. ("Contractor").
The parties hereto agree to amend paragraph 47, General Conditions of the Agreement by
adding the following sentence to the end of the paragraph:
"Receipt of payment by Contractor pursuant to Pay Application No. 26 will not
constitute a waiver of Contractor's right to assert the claims against the City which are
currently being pursued in the United States District Court for the Northern District of Texas,
Lubbock Division, Civil Action No. 5-03CV0269-C."
This Amendment relates specifically and solely to Civil Action No. 5-03CV0269-C, and
acceptance of the payment for Pay Application No. 26 specifically serves as a bar to any claims after
the date of this Amendment.
All other terms of the South Central Lubbock Drainage Improvements Contract (BID #001-
01/VK) shall remain unchanged.
Acceptance of the payment for Pay Application No. 26 shall constitute approval by Contractor
of this amendment.
EXECUTED this 16th day of December, 2004.
CITY OF LUBBOCK,
MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPR ED AS O CON ENT: A ROVED AS TO FORM:
OP✓L f A
arty He el, City Engineer Anita Burgess, City Attorney
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