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HomeMy WebLinkAboutResolution - 2014-R0235 - Amendment To Agreement - Alan Plummer And Associates Inc.- Water Quality - 07/10/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayer of the City of Lubbock is hereby authorized and directed to execute for and on behalf' of the City of Lubbock, the Second Amendment of Professional Services Agreement ("Amendment"), by and between the City of Lubbock and Alan Plummer and Associates, Inc., amending that certain Professional Services Agreement, dated April 9, 2009, Resolution No. 2009-110137, related to the evaluation and study of water quality and the engineering and design of stream and other water course discharges of treated effluent, and related documents. 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 City Council. Passed by the City Council on July 10, 2014 r Ji erIt, Mayor Pro Teni ATT'ES'T': Reb a Garza, City Secretak,-� APPROVED AS TO CONTENT: 1` . �J� R. Keith Smith, P.E., Director of Public Works e Dir&tor of Water Utilities OV1< D AS TO FORM: K. Casner, Natural ltesourc'es and Utility Attorney :ccdocs/Rt S,Amend 82 Agrnat-Alan Plummer & Associates ke 16, 2014 Second Amendment of Professional Services Agreement This Second Amendment of Professional Services Agreement (the "Second Amendment"), is executed and effective this day of July, 2014, by and between the City of Lubbock ("City"), a Texas home rule municipal corporation, and Alan Plummer and Associates, Inc. ("Engineer "), a Texas corporation. WHEREAS, the City and Engineer entered into that certain Professional Services Agreement, dated April 9, 2009, Resolution No. 2009-RO137 (the "Original Agreement"), providing for professional services related to evaluation and study of water quality and the engineering and design of stream and other water course discharges of treated effluent; WHEREAS, the City and Engineer entered into that certain Amendment No. 1 to the Original Agreement, dated August 31, 2014 (the "First Amendment"), to provide additional time for work to be performed under the Original Agreement; WHEREAS, it has come to the attention of City and Engineer that additional time is needed to perform the services contemplated by the Original Agreement, as amended (the Original Agreement, as amended by the First Amendment, is herein called the "Original Agreement'); WHEREAS, the City amenable to extending the time to complete such services. WHEREAS, the City and Engineer now desire to amend the Original Agreement to provide for such additional time. NOW, THEREFORE, for good valuable consideration, the receipt and sufficiency of which is hereby stipulated, the City and Engineer agree as follows: 1. Section 2.02 of the Original Agreement is hereby deleted, and replaced for all purposes with the following, to -wit: Second Amendment of Professional Service Agreement 10961 Alan Plummer 6.6.14 2.02. This Agreement shall expire on March I, 2015 or upon completion of the tasks set forth on Attachment "A." whichever is earlier. Additionally, the City may terminate this Agreement by providing written notice to Engineer at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall only pay Engineer as provided in Attachment C, "Required EPA Grant Provisions". 2. Table 3, "Milestone Dates by Task", Attachment A to the Original Agreement, located on page 38 of 76 thereof, is hereby deleted in its entirety, and replaced with "Table 3", "Milestone Dates by Task", attached hereto as Exhibit "A". 3. Engineer stipulates and agrees that it is not due any additional consideration for the services to be provided under the Original Agreement, and that this Amendment solely provides additional time to complete such services. 4. Except as expressly amended hereby, the terms and provisions of the Original Agreement, as amended, shall remain valid and subsisting as provided therein, and the Engineer and City hereby ratify, affirm and confirm the Original Agreement, as amended, in all respects. EXECUTED and effective as of the first date written above. CITY: CITY OF LUBBOCK, a Texas home rule municipal corporation �) .i n Jim Gepp, Mayor Pro Tem Second Amendment of Professional Service Agreement 10961 Alan Plummer 6.6.14 ATTEST: Reb ca Garza, City Secreta APPROVED AS TO CONTENT: i Aubrey A. S ,. P.E., Dimc r of Water Utilities APPROVED AS TO FORKA- xl_� Richard Casimir, Natural Resources and Utility Attorney ENGINEER: ALAN PLUMMER ASSOCIATES, INC., a Texas corporation Robert F. Adams, .E., Principal Second Amendment of Professional Service Agreement 10961 Alan Plummer 6.6.14 Exhibit A Table 3 Revised Milestone Dates by Task (June 11, 2014) Task No. Task Description Task Milestone Date Phase 1 (I.) 1.1 Project Definition May 22, 2009 1.2 Assemble & Review Available Water Quality K Quantity Models July 2, 2009 1.3 Hydraulic Modeling Sept. 30, 2011 1.4 Water Quality Modeling Sept. 30, 2011 1.5 Alternative Analysis Nov. 30, 2011 1.6 Prepare Preliminary Engineering Report Jan. 31.2012 1.7 Pre are Environmental Information Document Aril 30. 2012 1.9 Coordinate with Regulatory Agencies Sept. 30. 2013 1.8, 1.10. 1.11 Project Management Sept. 30. 2013 Phase 2 (2.) 2.1 Engineering Design Services Oct. 31, 2012 2.2 Provide Permitting Assistance Sept. 30, 2013 2.3 Bid Phase Services Sept. 30, 2013 2.4 Project Management Sept. 30, 2013 Phase 3 (3,) 3.1 Pre -Construction Conference Sept. 30, 2013 3.2, 3.3 Periodic Observations & Submittal Reviews Sept. 30, 2014 3.4 Preliminary Final Wal kThrough Sept. 30, 2014 3.5 Pro'ect Closeout Documentation Oct. 31, 2014 3.6 Post Construction Services Mar. 1, 2015 3.7 Project Management Mar. I, 2015