HomeMy WebLinkAboutResolution - 2005-R0589 - Amendment To Agreement - HDR Engineering Inc. - 12/15/2005Resolution No. 2005-RO589
December 15, 2005
Iteirn No. 6.16
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU13BOCK:
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 First Amendment of
Professional Services Agreement by and between the City of Lubbock and HDR
Engineering, Inc., and all related documents. Said Amendment of Professional Services
Agreement 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 15th day of
ATTEST:
1-ne
Aebca Garza, City Secretary
APPROVED AS TO CONTENT:
pester Carthel. P.E., Chief Water Planning Offi
APPROVED AS TO FO
Richard K. Casn ,First Assistant Ci Attorney
mllccdocs/HDR-Prof. Services Agree. I" Amend.res
December 14, 2005
Resolution No. 2005-RO589
December 15, 2005
Item No. 6.16
FIRST AMENDMENT OF
PROFESSIONAL SERVICES AGREEMENT
This First Amendment of Professional Services Agreement (the "Amendment") is dated
the 15`h day of December, 2005, by and between the City of Lubbock (the "City"), a Texas home
rule municipal corporation, and HDR Engineering, Inc. (the "Engineer"), a professional services
company.
WHEREAS, on or about November 18, 2005, the City and Engineer entered into that
certain Professional Services Agreement (the "Original Agreement"), Resolution No. 2005-
R0546, wherein the City contracted with Engineer to perform services regarding the analysis and
modeling of certain water rights;
WHEREAS, in connection with the analysis and modeling of water rights, the City filed
an application to the Texas Commission on Environmental Quality (the "TCEQ") to, among
other things, appropriate certain water rights (the "Application");
WHEREAS, in connection with the Application, the TCEQ issued a Request for
Information to the City in which additional services of the Engineer are now required;
WHEREAS, the Original Agreement is in need of amendment to provide for the payment
for such services;
WHEREAS, the City and Engineer now desire to amend the Original Agreement.
NOW, THEREFORE, the City and Engineer hereby amend the Original Agreement as
follows:
1. Section 2.01 of the Original Agreement is hereby deleted in its entirety and
replaced with the following:
2.01 The consideration to be paid for Task 1, Task 2, Task 3, Task 4 and Task 5
of the Services to be provided to the City, as described in Article I and
Exhibit "A", attached hereto, shall be on a lump sum basis. The lump sum
due and payable to Engineer for such tasks shall be $157,500. The
consideration for Task 6 of the Services shall be payable on a time and
material basis as described on Exhibit "A", attached hereto. The initial
consideration for Task 6 shall not exceed $50,000. The services to be
provided under Task 6 have not been fully defined, and the initial
consideration is likely insufficient to address all of the TCEQ's Request
for Information. These services cannot be fully defined in advance, and
are contingent upon future TCEQ Requests for Information and other
issues that may arise during the permitting process. When this initial
consideration is expended, Engineer shall not continue providing Task 6
services until the City provides written authorization and additional
funding for Task 6. These amounts shall be invoiced to the City on a
monthly basis based upon percent complete of each task, as regards Tasks
1 through 5, and as regards Task 6, upon the time and material basis
described on Exhibit "A", attached hereto. Each invoice shall be payable
by the City within thirty (30) days of receipt of same.
2. Except as expressly amended hereby, the Original Agreement shall remain valid
and enforceable as originally provided.
IN WITNESS WHEREOF, the parties have executed this Amendment by duly authorized
representatives as of the date first written above.
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Q3R ENGINEERING, INC.
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CITY OF LUBBO
MChOUGAL, MAYOR
FIRST AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT
Page 2
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Chester Carthel
Water Planning Engineer
APPROVED AS TO FORM:
Richard K.Casher
First Assistant City Attorney
m1:RKC/Richard/F1DR-1 ' Amend of PSA
December 13, 2005
FIRST AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT
Page 3