HomeMy WebLinkAboutResolution - 2010-R0348 - Professional Services Agreement W/Mcdougal Realtors, Inc. For Land Acquisition - 08/12/2010Resolution No. 2010-RO348
August 12, 2010
Item No. 5.5
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Fifth Amendment to a Professional
Services Agreement by and between the City of Lubbock and McDougal Realtors, Inc..
for professional land acquisition services, and all related documents. Said Fifth
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 12th _ day of August 2010.
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TOM MARTIN, MAYOR
ATTEST:
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Rebec a Garza, City Secretary
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APPROVED AS TO CONTENT:
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Marsha Reed, PE, Chief Operation Officer
APPROVED AS TO FORM:
McDougal Realtors -Amend 5 Agrmnt.res
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Resolution No. 2010-RO348
AMENDMENT No. 5
TO
PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 5 to Professional Services Agreement ("Amendment") is entered
into this 12th day of August, 2010, by and between the City of Lubbock (the "City"), a
Texas home rule municipal corporation, and McDougal Realtors, Inc. (the "Contractor"), a Texas
corporation.
WITNESSETH
WHEREAS, the City and Contractor entered into that certain Professional Services
Agreement, dated March 13, 2008, Resolution No. 2008-R0098 (the "Original Agreement"),
wherein the City contracted with Contractor to perform activities related to the acquisition of
rights of way and other interests in land;
WHEREAS, the City and Contractor entered into an Amendment to Professional Services
Agreement, dated December 17, 2008, Resolution No. 2008-RO488 (the "First Amendment"),
wherein additional time and services were made part of the Original Agreement;
WHEREAS, the City and Contractor entered into an Amendment to Professional Services
Agreement, dated May 28, 2009, Resolution No. 2008-RO488 (the "Second Amendment"),
wherein additional services were made part of the Original Agreement;
WHEREAS, the City and Contractor entered into an Amendment to Professional Services
Agreement, dated December 10, 2009 (the "Third Amendment"), wherein additional time was
made part of the Original Agreement;
WHEREAS, the City and Contractor entered into an Amendment to Professional Services
Agreement, dated March 31, 2010 (the "Fourth Amendment"), wherein additional time was
made part of the Original Agreement;
Amendment No. S to Professional Services Agreement
City of Lubbock and McDougal Realtors, Inc. Pagel of 3
WHEREAS, it has come to the attention of City and Contractor that additional work and
time is required to perform the services contemplated by the Original Agreement, as amended
WHEREAS, the City and Contractor now desire to amend the Original Agreement as
amended, as applicable, to provide for such additional work and time.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Contractor agree as follows:
1. Section 2.02 of the Original Agreement, as amended, is deleted in its
entirety and replaced with the following:
2.02 This Agreement shall expire on December 31, 2010. Additionally,
the City may terminate this Agreement by providing written notice to
Contractor 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 pay Contractor only for services actually
performed by Contractor up to and including the date the Contractor is
deemed to have received the City's notice of termination.
2. Item 5, Exhibit B, "Methods of Compensation Lake Alan Henry Water
Infrastructure Land Acquisition Services," as attached to the First
Amendment and incorporated into the Original Agreement, is made to
read as follows, with "Total Contract Fee" in said Exhibit B adjusted
accordingly, inclusive of all amendments to date, as indicated below:
9 Finalize ROW Lump Sum 1 LS $50,000
Acquisition
Total Contract Fee $2,235,100
3. Except as expressly amended hereby, the Original Agreement shall remain valid
and subsisting as originally provided, and as may have been amended.
Amendment No. 5 to Professional Services Agreement
City of Lubbock and McDougal Realtors, Inc. Page 2 of 3
IN WITNESS WHEREOF, the parties have executed this amendment by their duly
authorized representatives as of the date first written above.
McDOUGAL REALTORS, INC.
By: /,/YZ 4 '4; � � �
Na e: arc McDougal
Title: President
CITY OF LUBBOCK
Tom Martin, Mayor
ATTEST:
SLine'-Am ---
Rebe a Garza, City Secretary
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APPROVED AS TO CONTENT:
Marsha Reed, PE, Chief Operations Officer
"APPROVED AS TOFORM:
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PSA -McDougal -Amendment -5 _1 7.23. 10
Amendment No. 5 to Professional Services Agreement
City of Lubbock and McDougal Realtors, Inc. Page 3 of 3