Loading...
HomeMy WebLinkAboutResolution - 2004-R0468 - Amendment To Professional Services Agreement - Parkhill, Smith And Cooper, Inc. - 09_28_2004Resolution No. 2004-RO468 September 28, 2004 Item No. 21A 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, AMENDMENT NO. 3 TO AGREEMENT FOR ENGINEERING SERVICES CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH &. COOPER, INC., relating to the design and construction of paving for Milwaukee Avenue from 341h Street to 98`h Street. 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 28th day of September 2004. ATTEST: Rebecca Garza, City Secretary APPROV AS TO ONTENT: 7 Craig Farmer Director of Transportation APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney ke/Agrmt.Amend3 PHC Paving Milwaukee 34 h. res September 24, 2004 Resolution No. 2004-RO468 September 28, 2004 Item No. 21A AMENDMENT NO.3 TO AGREEMENT FOR ENGINEERING SERVICES CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. THIS Amendment No. 3 to Agreement for Engineering Services ("Amendment No. 3"), dated effective this 28`h day of September, 2004, is by and between Parkhill, Smith & Cooper, Inc. ("Engineer"), of 4222 85`h Street, Lubbock, Texas, a corporation duly chartered under the laws of the State of Texas, and the City of Lubbock, Texas ("Owner"), a Texas home rule municipal corporation. WHEREAS, pursuant to Agreement for Engineering Services, dated on or about April 22, 2004, Resolution No. 2004-RO210 (the "Original Agreement"), Engineer agreed to provide engineering services to Owner related to the design and construction of Milwaukee Avenue, between 341h Street to 981h Street, in the City of Lubbock, Texas ("Project"); and WHEREAS, the Original Agreement was amended pursuant to that certain Amendment No. 1 to Agreement for Engineering Services (the "Amendment No. I"), dated effective June 29, 2004, as ratified by that certain Ratification of Amendment No. 1 to Agreement for Engineering Services (the "Ratification"), dated on or about July 21, 2004; and WHEREAS, the Original Agreement was amended pursuant to that certain Amendment No. 2 to Agreement for Engineering Services (the "Amendment No. 2"), dated effective September 16, 2004; and WHEREAS, Owner and Engineer now desire to amend the Original Agreement, as amended by Amendment No. 1 and Amendment No. 2, regarding the provisions for Amendment, Termination and Stop Orders. NOW, THEREFORE, Owner and Engineer desire to amend the Original Agreement, as amended by Amendment No. 1 and Amendment No. 2, as follows: 1. "ARTICLE 13-AMENDMENT, TERMINATION AND STOP ORDERS" of the Original Agreement, as amended by Amendment No. 1 and Amendment No. 2, is deleted in its entirety and replaced with the following: ARTICLE 13 — AMENDMENT, TERMINATION AND STOP ORDERS This Contract may be altered or amended only by mutual written consent of both parties hereto and may be terminated by the Owner at any time by written notice to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee which applies to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the Owner. The Owner may issue a Stop Work Order to the Engineer at any time for any reason or no reason, including without limitation, the inability to obtain agreements satisfactory in form and substance to Owner with developers affected by the paving project, excepting Christian City View Fellowship, contemplated by this Contract. Upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. Notwithstanding anything to the contrary herein, Engineer shall discontinue all work under this Contract on October 16, 2004 (the "Developer Agreement Date"), unless Owner shall issue to Engineer written notice (the "Continue Notice") to continue work under this Contract. If the Owner does not issue a Restart Order within sixty (60) days after receipt by the Engineer of the Stop Work Order or the Developer Agreement Date if the Owner shall not issue the Continue Notice, as applicable, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. The City Council of Owner hereby delegates to the City Manager, or his or her designee, the authority to issue Stop Work Orders, Continue Notices, and Restart Orders under this Article 13. 2. Except as amended herein, the Original Agreement, as amended by Amendment No. 1 and Amendment No.2, shall remain in full force in effect as originally provided. CITY OF LUBBOCK, TEXAS ATTEST: Reb cca Garza, City Secretar APPROVED AS TO CONTENT: 4rZaigg-farlier Director of Transportation APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney PARKHILL, SMI H & COOPER, INC. E win E. "Butc avis, P.E. Vice President ATTEST: Kerry C. Miller, P.E. Corporate Associate ParkhillSmi thCooper.Amend3 September 24, 2004 Resolution No, 2004-RO468 MEMO TO: Cheryl Brock, City of Lubbock FROM: Edwin E. "Butch" Davis, P.E. SUBJECT: Milwaukee Avenue — PSC's Amendment No. 3 DATE: September 29, 2004 PSC Job No: 01-2871-04 Parkhill, Smith & Cooper, Inc., has reviewed the revised Amendment No. 3 you faxed to me this date. We understand the "Stop Work" date has been revised to October 16, 2004. We concur with this change. Sincerely, PARKHILL, SMITH�9�P-E$�INC. By win E. utch" Davis, P.E. Vice President R:\projects\2004\2570.04\CORRESP\MEMO\092904 Amendment Concurance Memo.DOC PARKHILL, SMITH & COOPER, INC. Engineers • Architects • Planners 4222 85th Street, Lubbock, Texas 79423 Phone (806) 473-2200 Fax (806) 473-3500 Lubbock ElPaso Midland Amarillo Odessa