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HomeMy WebLinkAboutResolution - 5284 - Agreement - Dr. Clifford B Feldler - Professional Engineering Services - 09/26/1996RESOLUTION NO. 5284 September 26, 1996 Item #7 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 Professional Services Agreement, attached herewith, by and between the City of Lubbock and Dr. Clifford B. Fedler, Ph.D., P.E., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of SeRtember 1996. Alex "Ty" �ooke, Mayor Pro -Tem ATTEST: &WX le Harold Willard,lnterim City secretary APPROVED AS TO CONTENT: T Ellerbrook, Director �ofWaterUZIities APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney DGV:da/ccdocs/a-fedler.res August 28, 1996 STATE -OF TEXAS COUNTY OF LUBBOCK § RESOLUTION NO. 5284 September 26, 1996 Item #7 PROFESSIONAL SERVICES AGREEMENT The parties to the agreement are the City of Lubbock, Texas (hereinafter CITY) and Dr. Clifford B. Fedler, Ph.D., P.E.(hereinafter ENGINEER). mu: ul_z v i rej.•�, ENGINEER will provide no more than one hundred and twenty (120) hours for each year under this contract at seventy-five dollars ($75.00) per hour for engineering services as defined in Article 1.1 and Article 1.2 below: 1.1 ENGINEER will provide no more than 60 hours annually of engineering services associated with the review and analysis of data associated with the disposal of treated effluent and sludge by agricultural application on the Lubbock Land Application Site under the CITY's Groundwater Remediation Plan. The CITY may submit data including, but not limited to, soil and groundwater characteristics, depth of groundwater, and cropping and application practices on the Lubbock Land Application Site. The CITY will submit pertinent data by the 15th day of January, April, July, and October of each year under this agreement. ENGINEER will review and analyze data submitted by the CITY and prepare an annual progress report no later than January 31 of each year under this agreement. 1.2 ENGINEER will provide no more than 60 hours annually of engineering services associated with proposed and potentially proposed changes in the operational processes associated with the disposal of treated effluent and sludge by agricultural application on the Lubbock Land Application Site under the CITY's wastewater permit. Services may include, but are not limited to, the review of annual cropping plans and monthly application schedules, suggestions on revising soil sampling procedures, and determining water balance and storage requirements. The initial term of this agreement shall be for three (3) years commencing no later than October 1, 1996. Thereafter, this agreement may be renewed for two (2) successive terms of one (1) year each upon mutual agreement of the parties expressed in writing not less than thirty (30) days prior to expiration of the prior term. In consideration of the performance of the work set forth in Article 1, CITY agrees to pay ENGINEER by September 30 of each year under this agreement for the work reported by ENGINEER to the CITY by July 15th of each year under this agreement. All invoices received prior to July 15 of each year of this contract will be paid within 30 days of the invoice date. Checks shall be made payable to and mailed to: Dr. Clifford B. Fedler, Ph.D., P.E. 7913 Joliet Avenue Lubbock, TX 79423-1719 This agreement may be terminated by either party upon thirty (30) days written notice to the other party. 90 Is) 1111 we r."I 11111 UV 10 9MI Each party hereto agrees to hold the other party harmless from any claim for damages arising out of the acts or omissions of its own agents or employees to the extent permitted by the Constitution and laws of the State of Texas. PROFESSIONAL SERVICES AGREEMENT DR. CLIFFORD B. FEDLER, Ph.D., P.E. Page 2 IN WITNESS WHEREOF, the parties have executed this agreement this 26th day of September ,1996. CITY OF LUBBOCK: Alex "Ty" �Looke, Mayor Pro—Tem ATTEST: arold Willard, Interim City Secretary APPROVED AS TO CONTENT: 5z---'2 J4%��rl - terry Elle rook, Director of Water Utilities APPROVED AS TO FORM: Donald. G. Vandiver, First Assistant City Attorney DGWakityatt/a-fedler.doc September 4, 1996 ENGINEER: DR!•LIFFORDE• PROFESSIONAL SERVICES AGREEMENT DR. CLIFFORD B. FEDLER, Ph.D., P.E. Page 3