HomeMy WebLinkAboutResolution - 2008-R0488 - Amendment To Agreement - Mcdougal Realtors Inc. - 12/17/2008Resolution No. 2008-80488
December 17, 2008
Item No. 5.8
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
1 to execute for and on behalf of the City of Lubbock an Amendment to
ional Services Agreement by and between the City of Lubbock and McDougal
s, Inc. and all related documents. Said Amendment is attached hereto and
rated in this Resolution as if fully set forth herein and shall be included in the
> of the Council.
by the City Council this 17th day of
TTEST:
Garza,
ROVED AS TO CONTENT:
om Adams,
lepuM City Manager/Water Utilities Director
ubrey Spear,,rirectof of Water
VED AS TO FORM:
K. Casner. First Assi
December 2008.
TOM MARTIN, MAYOR
Resolution No. 2008-RO488
AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
This Amendment to Professional Services Agreement ("Amendment") is entered into this
17th day of December, 2008, 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, it has come to the attention of City and Contractor that additional time is
needed to perform the services contemplated by the Original Agreement and this Amendment;
WHEREAS, it has come to the attention of City and Contractor that additional services
are necessary to complete all purposes and activities contemplated by the Original Agreement;
WHEREAS, the City and Contractor now desire to amend the Original Agreement 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 is deleted in its entirety and replaced with
the following:
2.02 This Agreement shall expire on December 31, 2009. 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
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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. Exhibit "B" to the Original Agreement is deleted in its entirety and replaced with
Exhibit "B" attached hereto.
3. Except as expressly amended hereby, the Original Agreement shall remain valid
and subsisting as originally provided.
iN WITNESS WHEREOF, the parties have executed this amendment by their duly
authorized representatives as of the date first written above.
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Thomas Adams, Deputy City Manager
McDOUGAL REALTORS, INC.
By:
Name: Kfarc McDo gal
Title: President
CITY OF LUBBOCK
Tom Martin, Mayor
Page 2 of 4
r
Aubrey Spear, ' ectorG f Water Utilities
ij
APPROVED AS TO FORM;
Richard K. Casner, First Assistant City Attorney
Page 3 of 4
Resolution No. 2008-RO488
Exhibit B
Methods of Compensation
Lake Alan Henry Water Infrastructure
Land Acquisition Services
The Scope of Services described in Exhibit A will be compensated on the following
basis:
Task
Description
Fee Basis
Unit
Unit Rate
Amount
1
Appraisals
Lump Sum
1
$12,500
$12,500
2
Property Costs &
Lump Sum
1
$64,500
$64,500
Pricing
3
Documentation
Lump Sum
1
$64,500
$64,500
Preparation
4
Title Information
Not -to -Exceed
120
$700 / man-
$84,000
Title Insurance
l
day
$150,000
— At Cost
$150,000
5
Negotiations
Not -to -Exceed
1,360
$7001 man-
$952,000
da
6
Title Review for Oil &
Not -to -Exceed
68
$700 f man-
$47,600
Gas Leases and
day
Severed Mineral
Rights
7
Closing Procedures
Not -to -Exceed
130
$700 f man-
$91,000
da
8
Project Management
Lum Sum
1
$194,000
$194,000
Total Contract Fee 1
1
$1,660,100
Lump Sum amounts and "per day rates" account for and include Contractor's labor,
overhead, profit, and direct expenses including automobile mileage, meals and other per
diem expenses. Reimbursable expenses such as the cost of Title Policies and authorized
travel expenses, as set forth Task 5, will be paid on an "at cost" basis.
The portion of the Lump Sum and the Not -to -Exceed amount billed for Contractor's
services will be based upon the proportion of the total services actually completed during
the billing period as estimated by the Contractor and agreed upon by the City.
The Total Contract Amount is conditioned on the authorization to proceed issued by
March 31, 2008.
Additional Services authorized by the City will be negotiated and this contract amended
prior to beginning such work. It is anticipated that all additional man -day work will be
charged at $700 per man -day.
Richard/ProfessionalServicesAgreement McDougal. amendment 120208
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