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HomeMy WebLinkAboutResolution - 2004-R0037 - Professional Services Agreement - Agri-Waste, Inc. - 01_22_2004Resolution No. 2004-R0037 January 22, 2004 Item No. 27 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 for Professional Services between the City of Lubbock and Agri -Waste Technology, Inc. ("AWT"), and any other related documents. Said Second 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 22ud day of January 2004. MARC MCDODUAL, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Te Elle rook Director of Public Works APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Ke/ccdocs/2ndAmendtoA W TAgreement.. Res January 13, 2004 Resolution No. 2004-R0037 January 22, 2004 Item No. 27 SECOND AMENDMENT we] AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment to Agreement for Professional Services made and entered into this t V'-day of January, 2004, but effective for all purposes January 1, 2004, is by and between the City of Lubbock, a Texas home rule municipal corporation ("the City") and Agri -Waste Technology, Inc., a North Carolina corporation ("AWT"). WHEREAS, on or about December 13, 2001, the City and AWT entered into that certain Agreement for Professional Services (the "Agreement") for the provision of services related to the Lubbock Land Application Site ("LLAS") and the Hancock Land Application Site ("HLAS"); and WHEREAS, such services were to implement, and operate on a day-to-day basis, the water balance model for the LLAS and HLAS, including any alterations to the model that may be necessary or advisable in the opinion of City and AWT; and WHEREAS, on or about April 2, 2003, the City and AWT entered into that certain Amendment to Agreement for Professional Services (the "First Amendment") amending the Agreement in certain respects, namely the deletion and replacement of the second paragraph of page 2 of the Agreement and the deletion and replacement of the Exhibit "A" to the Agreement; and WHEREAS, the City and AWT now desire to amend the Agreement to extend the term of said Agreement. NOW, THEREFORE, the City and AWT agree as follows: 1. The second paragraph of page 2 of the Agreement and paragraph one (1) of the First Amendment are deleted in their entirety and replaced with the following, to wit: 2nd Amend AWT This Agreement shall terminate on January 1, 2005. This Agreement may be extended upon mutual agreement of AWT and the City for three (3) additional and successive one (1) year periods by providing notice to the other party. The City Council of the City of Lubbock hereby delegates the authority to extend this Agreement for and on behalf of the City to the City Manager of the City of Lubbock, or his or her delegee. This Agreement may be terminated by either party for any reason or no reason, upon thirty (30) days prior written notice to the other party. 2. Exhibit "A" to the Agreement and the First Amendment are deleted in their entirety and replaced with Exhibit "A", attached hereto. 3. Except as expressly amended herein and by the First Amendment, the Agreement shall remain in full force and effect as originally provided. IN WITNESS HEREOF, the parties have caused this Second Amendment to Agreement for Professional Services Contract to be executed by duly authorized representatives on the 1 /���day of January 2004, but is effective for all purposes as of January 1, 2004. Agri -Waste Technology, Inc. By: - Name: Title: —FAdrl Q d*"77___ 2" d Amend AWT CITY OF LUBBOCK ATTEST: D Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney Ke/Richard/A W T.2n dAmend.Agreement January 8, 2004 2nd Amend AWT Resolution No. 2004-R0037 EXHIBIT A SCHEDULE OF FEES Fees for the Year 2004 AWT will invoice Client at a rate as outlined in Exhibit A for providing the services listed. Person Rate L. M. Safley, Jr. $155. Per Hr/$1550. Per Day $232.50. Per Hr/Legal Rate Kevin Davidson $ 81. Per Hr/$891. Per Day $121.50 Per Hr/Legal Rate Steve Crawford $ 81. Per Hr/$891. Per Day $121.50 Per Hr/Legal Rate Hal Langenbach $ 70. Per Hr/$770. Per Day Bryan Staley $ 90. Per Hr/$990. Per Day Chris Mosley $ 68. Per Hr/$748. Per Day $102. Per Hr/Legal Rate Lorie Locklear $ 60. Per Hr/$660. Per Day Todd Majors $ 50. Per Hr/$550. Per Day Jeff Vaughn $ 81 Per Hr/$891. Per Day $121.50 Per Hr/Legal Rate Enrique Cachafeiro $ 54. Per Hr/$594. Per Day Lillian Johnson $ 37. Per Hr Clerical Staff $ 25. Per Hr In order to ensure client satisfaction, the following arrangements are proposed to ensure that the amount invoiced does not exceed expectations: - Client will be invoiced on a monthly basis. - A cost estimate is provided prior to beginning work on any projects not outlined in this scope of services. Other arrangements will be considered at Client's recommendation. Zuuy - Reimbursable Expenses: Air Travel Lodging Mileage Meals Outside Sub -Consultants Miscellaneous Direct Project Expenses Copies of Reports Copies of Drawings - Standard Lg. Pkgs. (Earthwork Plan) 8-1/2" X 11-1/2" Color Drawings Archive Records Internet Computer On -Line Time Long Distance Telephone Calls Postage Shipping (Fed Ex, UPS, etc.) Fax - Incoming Envelopes - Letter Size Large 1 " Notebooks 2" Notebooks 3" Notebooks Laser Dividers Transparencies 3" Disk Zip Disk Cost Cost $0.375/mile Cost Cost + 15% Cost + 15% $0.12/Page + $5.00 Binding Fee $1.00 Per Square Foot $0.40 Per Square Foot $1.00 Each $25.00 Fee + Copy Charge $40.00/Hour Cost Cost Cost $0.50/Page $0.05 Each $0.15 Each $2.50 Each $4.00 Each $5.00 Each $5.00 Per Set $1.00 Each $1.00 Each $11.50 Each Invoices shall be sent to client on a monthly basis. Invoices are due and payable in full upon receipt. Any amounts outstanding after 10 days are considered past due and shall accrue at 1 1/2% per month late fee until paid in full. AWT shall stop work and commence collection action on any projects with past -due amounts outstanding for greater than 10 days past date of invoice. 5�V�J 037-P ��� / --V q Client 0Date 4, 5i-A, 1,1,4-- Lawson M. Safldy, Jr. Da e President Agri -Waste Technology, Inc.