HomeMy WebLinkAboutResolution - 2008-R0454 - Amendment To Agreement For Engineering Services - Black & Veatch Co. - 11/20/2008Resolution No. 2008-RO454
November 20, 2008
Item No. 5.20
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 an Amendment No. 5 to
Agreement for Engineering Services between the City of Lubbock and Black & Veatch
Corporation, and any other related documents. Said Amendment No. 5 to Agreement for
Engineering Services is attached hereto and incorporated in this Resolution as if fully set
forth herein and shall be included in the minutes of the Council.
by the City Council this 20th day of November 2008.
TOM MARTIN, MAYOR
ATTEST:
Garza., City
\ ,5
.OVEQ AS TO CONTENT:
L. Adams, Deputy City Manager
[ED AS TO FORM:
ird K. Casner
Assistant City Attorney
ich FifthAmend to Engineering Sery Agrmnt.res
23, 2008
Resolution No. 2008-RO454
AMENDMENT NO.5
TO
AGREEMENT
FOR
ENGINEERING SERVICES
WHEREAS, the City of Lubbock, Texas (Owner) has duly executed and entered into
that certain Agreement for Engineering Services (the "Original Agreement"), dated the
13`h day of January 2005 (and any amendments thereto and any work orders, work
authorizations, purchase orders or documents of similar effect issued thereunder),
Resolution No. 2005-R0023, with Black & Veatch Corporation (Engineer), providing for
the performance of certain engineering services for Water Resources Improvements (the
Project); and
WHEREAS, the Original Agreement was amended by that certain Amendment No. 1 to
Agreement for Engineering Services, dated on or about December 1, 2005, Resolution
No. 2005-RO563 (the "First Amendment" or "Amendment No. I");
WHEREAS, the Original Agreement, as amended by the First Amendment, was amended
by that certain Amendment No. 2 to Agreement for Engineering Services, dated on or
about August 24, 2006, Resolution No. 2006-RO410 (the "Second Amendment' or
"Amendment No. 2");
WHEREAS, the Original Agreement, as amended by the First Amendment and Second
Amendment, was amended by that certain Amendment No. 3 to Agreement for
Engineering Services, dated on or about September 27, 2007, Resolution No. 2007-
R0461 (the "Third Amendment" or "Amendment No. Y);
WHEREAS, the Original Agreement, as amended by the First Amendment, Second
Amendment and Third Amendment, was amended by that certain Amendment No. 4 to
Page 1 of 4
Agreement for Engineering Services, dated on or about March 27, 2008, Resolution No.
2008-RO100 (the "Fourth Amendment" or "Amendment No. 4");
WHEREAS, Owner and Engineer now wish to amend the Original Agreement, as
amended by the First Amendment, Second Amendment, Third Amendment and Fourth
Amendment.
NOW, THEREFORE, in consideration of the promises contained herein, Owner and
Engineer agree this
20th
day of November. , 2008, as follows:
ARTICLE 1— FOURTH AMENDMENT
That ATTACHMENT A to the Fourth Amendment, Resolution No. 2008-R0100, is
hereby added to the Original Agreement effective as of the date of Resolution No. 2008-
RO 100.
ARTICLE 2 — THIRD AMENDMENT/PHASE 300 -DESIGN PHASE
ATTACHMENT A — SCOPE OF SERVICES, Phase 300 — Design Phase, Task L.,
Stream Modeling, of the Third Amendment, is hereby amended by adding the following:
10. Expansion of the TCEQ QUAL-TX model of the North Fork of the
Double Mountain Fork of the Brazos River above and below the proposed
discharge from the Southeast Water Reclamation Plant, preparation of a
QUAL2K model of Buffalo Springs Lake, and preparation of a QUAL-TX
model of proposed Lake 7. .
ARTICLE 3 — THIRD AMENDMENT/COMPENSATION
ATTACHMENT B — COMPENSATION, Paragraph 2, of the Third Amendment, is
hereby deleted and replaced with the following:
2. For Construction Phase Services for the Influent Lift Station, Phase 300
— Task J, as described in Attachment A to the Third Amendment, an
amount equal to the Engineer's payroll costs times 2.25 plus reimbursable
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expenses at cost and plus subcontract billings times LI 0, with a not to
exceed limited of $119, 000.00.
ARTICLE 4 — THIRD AMENDMENT/ COMPENSATION
ATTACHMENT B — COMPENSATION, Paragraph 4, of the Third Amendment, is
hereby deleted and replaced with the following:
4. For Stream Modeling, Phase 300 -Task L, as described in Attachment A
to the Third Amendment, an amount equal to the Engineer's payroll costs
times 2.25 plus reimbursable expenses at cost and plus subcontract
billings times 1. 10, with a not to exceed limit of $165, 000.00.
ARTICLE 5 — THIRD AMENDMENT/ COMPENSATION
ATTACHMENT B — COMPENSATION, Paragraph 6, of the Third Amendment, is
hereby deleted and replaced with the following:
6. A reserve fund for special services of $211,000 that shall not be
expended unless authorized.
ARTICLE 6 — AMENDMENT
The Original Agreement, as amended by the First Amendment, Second Amendment,
Third Amendment and Fourth Amendment, except as amended herein, shall remain valid
and subsisting as originally provided.
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Executed this 20th day of November , 2008.
Black & Veatch Corporation
ENGINE R
By
Printed Name
r�'t �n�
Title U, � fyeh
Date
ATTEST:
1
CITY OF LUBBOCK
Torn Martin, Mayor
ATTEST:
Reb ca Garza, City ecretary
APPROVED AS TO CONTENT:
s,puty City Manager
APPROVED AS TO FORM:
Richard Casner, First Assistant City Attorney
Richard/Black & Veatch -5th Amend 102708. amended
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