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HomeMy WebLinkAboutResolution - 2009-R0207 - Amendment To Agreement - Mcdougal Realtors Inc. - 05/28/2009Resolution No. 2009-RO207 May 28, 2009 Item No. 5.13 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 to Professional Services Agreement by and between the City of Lubbock and McDougal Realtors, Inc. and all 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 Council. Passed by the City Council this 28th day of May 2009. TOM MARTIN, MAYOR ATTEST: L 7D7� Rebe a Garza, City Secretary APPROVED AS TO CONTENT: om City ManageigWater Utilities Director Aubrey Spear,pir-ecthr of Water Utilities APPROVED`AS TO FORM: City Attorney MSanerwhite/ProfessionalServicesAmendment-McDougal. res 5/11/09 Resolution No. 2009-RO207 AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 2 to Professional Services Agreement ("Amendment") is entered into this 28th day of May, 2009, 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 17th, 2008, Resolution No. 2008-RO488 (the "First Amendment"), wherein additional time and services were made part of the Original Agreement; WHEREAS, it has come to the attention of City and Contractor that additional unanticipated work is required to perform the services contemplated by the Original Agreement and the First Amendment; and WHEREAS, the City and Contractor now desire to amend the Original Agreement and First Amendment, as applicable, to provide for such additional unanticipated work. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Contractor agree as follows: 1. Item 5, Exhibit B, "Methods of Compensation Lake Alan Henry Water Infrastructure Land Acquisition Services," as attached to the First Amendment No. 2 to Professional services Agreement City of Lubbock and McDougal Realtors, Inc. Page I of 3 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: 5 Negotiations I Not -to -Exceed 2,110 $700/man-day $1,477,000 Total Contract Fee 1 $2,185,100 2. Except as expressly amended hereby, the Original Agreement and the First Amendment shall remain valid and subsisting as originally provided, or as subsequently amended. 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: Name: Marc McDougal Title: President CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebe ca Garza, City Secretary Amendment No. 2 to Professional Services Agreement City of Lubbock and McDougal Realtors, Inc. Page 2 of 3 APPROVED AS—T-O CONTENT: Nomas Adams, Deputy City Manager Aubrey Spe irec r of Water Utilities Amendment No. 2 to Professional Services Agreement City of Lubbock and McDougal Realtors, Inc. Page 3 of 3 AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 3 to Professional Services Agreement ("Amendment") is entered into this %�day of December, 2009, 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. 2009-RO207 (the "Second Amendment"), wherein additional services were made part of the Original Agreement; WHEREAS, it has come to the attention of City and Contractor that additional unanticipated work is required to perform the services contemplated by the Original Agreement, as amended; and Pagel of3 WHEREAS, it has come to the attention of City and Contractor that additional time is also needed 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, to provide for such additional time and additional services. 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 March 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. Except as expressly amended hereby, the Original Agreement shall remain valid and subsisting as originally provided, and as may have been amended. 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: N c Title: President CITY OF LUBBOICK 0 YE, L Ann Dumbauld, City Manager Page 2 of 3 APPROVED AS TO CONTENT: Marsha Reed, Chief Operating Officer Page 7 of 7 AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 4 to Professional Services Agreement ("Amendment") is entered into this _ ay of March, 2009, by and between the City of Lubbock (the "City"), a Texas horne 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-R0488 (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. 2009-80207 (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, it has come to the attention of City and Contractor that additional time is needed to perform the services contemplated by the Original Agreement, as amended; Page I of ;? WHEREAS, the City and Contractor now desire to amend the Original Agreement, as amended, to provide for such additional time. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Contractor agree as follows: 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 June 30, 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. Except as expressly amended hereby, the Original Agreement shall remain valid and subsisting as originally provided,, and as may have been amended. IN WITNESS `4'IIEREOF, the parties have executed this amendment by their duly authorized representatives as of the date first written above. McDOUGAL REALTORS, INC. By: V1 A- --- Name: Marc Nle ou Title: President CITY OF LUBBOCK Au L n Dumbauld, City Manager Page I uCi APPROVED AS TO CONTENT: Kia—rsVa Reed. Chief Operating Officer phic 3 of I