CM-06-01-006Request for City Council/City Manager Action
City Council City Manager
Submit completed form for ALL City Manager and City Council approvals.
Department Name:
Contact Person:
Legal
Shelley Gonzales/Rose McMillin
Project Manager/Resource: Sheets & Crossfield, P.C.
Project Coordinator: Steve Sheets/Don Childs
Assigned Attorney:
Don Childs
Council or City Manager
Approval/Agenda Date: 4 -Nov -05
Blue Sheet Wording
Use ONLY.
Tag
Document
Scan Date:i,
Return
Project Name: A.W. Grimes - Temporary Construction Easements
ContractorNendor: Thrower Design
Funding Source: 4B Funds
Amount: $500
Authorization for the City Manger to enter into a contract with Thrower Design for preparation of Temporary Work Easements for the A.W. Grimes (TCE) Project.
Finance Information
Is Funding Required? pi Yes
Finance Approval
x0 Finance
❑ Finance
0 Purchasing
Budget
Initial Construction Contract
Construction Contract Amendment
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below) Not to exceed $500.00
Authorization for the City Manager to enter into a contract with
Thrower Design for TCE preparation on A.W. Grimes
L. Olsen
N/A E. Wilson
N/A CYD
Date
Date
Date
Date
11/2/2005
11/2/2005
11/1/2005
For Submission to ALL City Council a Ci v Manager Action Items
Project Mgr. Signature: Date: [1 --
Dept.
Dept. Director Signature*: _ _ Date:
City Attorney Signatur "} - `,� Date:
City Manager Signature: �s Date:
* Dept. Director and gal Approval and is required for ALL items requesting City Manager/City Council approval.
Updated 6-9-05
Client:
2807 Menchaca Road, Bldg. 2 • Austin, Texas • 78704
(512) 476-4456 • Fax (512) 476-4454
AGREEMENT FOR THE PROVISION OF
LIMITED PROFESSIONAL LAND DEVELOPMENT SERVICES
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, Texas 78664
Date: October 21, 2005
Project Name/Location: A.W. Grimes Project
Scope/Intent and Extent of Basic Services:
See Exhibit A
Fee Arrangement:
See Exhibit A
The Terms and Conditions on the following pages of this form are a part of this Agreement.
Offered By:
A. Ron Thrower/Owner
(Printed Name/Title)
err- C - o/- CO
Accepted By:
�c�n�ulsGi; np c� f y �,°�
(Printed Name/Title)
(Name of Client)
F. L. A, 2,4 N F
TERMS AND CONDITIONS
Thrower Design shall perform the services outlined in this Agreement for the stated fee arrangement.
Access To Site:
Unless otherwise stated, Thrower Design will have access to the site for activities necessary for the performance of the
services. Thrower Design will take precautions to minimize damage due to these activities, but have not included in
the fee the cost of restoration of any resulting damage.
It is further mutually agreed by the parties hereto that the Client shall make available to the Thrower Design all
technical data in the Client's possession, including laboratory tests, maps, surveys, borings, and other information
required by the Thrower Design and relating to Thrower Design's work. Client shall provide Thrower Design with the
following information: Legal survey, boundary, topography, trees, encroachments, easements, right of ways, flood
plains, and existing improvements of any kind prepared by a licensed surveyor.
Dispute Resolution:
Any claims or disputes made during survey, design, construction or post -construction between the Client and Thrower
Design shall be submitted to non-binding mediation. Client and Thrower Design agree to include a similar mediation
agreement with all contractors, subcontractors, subconsultants, suppliers and fabricators, thereby providing for
mediation as the primary method for dispute resolution between all parties.
BillingslPayments:
Invoices for Thrower Design's services shall be submitted, at Thrower Design's option, either upon completion of such
services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not
paid within 30 days, Thrower Design may, without waiving any claim or right against the Client, and without liability
whatsoever to the Client, terminate the performance of services. Retainers shall be credited on the final invoice.
Late payments:
Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal
rate)on the then unpaid balance. In the event any portion of all of an account remains unpaid 90 days after billing, the
Client shall pay all costs of collection, including reasonable attorney's fees. Client waives all rights to allow for a lien to
be placed on the subject property for which the work is tendered if the client owns the property. If the client does not
own the property for which service is tendered liens will be allowed on other property owned by client.
Indemnification:
The client shall, to the fullest extent permitted by law, indemnify and hold harmless Thrower Design, his or her officers,
directors, employees, agents and subconsultants from and against all damage, liability and cost, including reasonable
attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties
above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to
the sole negligence or willful misconduct of Thrower Design.
Certifications, Guarantees and Warranties:
Thrower Design shall not be required to execute any document that would result in their certifying, guaranteeing or
warranting the existence Thrower Design cannot ascertain.
Limitation of Liability:
In recognition of the relative risks, rewards and benefits of the project to both the Client and Thrower Design, the risks
have been allocated such that the Client agrees that, to the fullest extent permitted by law, Thrower Design's total
liability to the Client for any and all injuries, losses, expenses, damages or claim expenses arising out of this
Agreement from any cause or causes, shall not exceed the total amount of compensation paid to Thrower Design by
the Client. Such causes include, but are not limited to, Thrower Design's negligence, errors, omissions, strict liability,
breach of contract or breach of warranty.
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Termination of Services:
The Client or Thrower Design may terminate this Agreement should the other fail to perform its obligation thereunder.
In the event of termination, the Client shall pay Thrower Design for all services rendered to the date of termination, all
reimbursable expenses, and reimbursable termination expenses.
Ownership of Documents:
All documents produced by Thrower Design under this agreement shall remain the property of Thrower Design and
may not be used by the Client for any other endeavor without the written consent of Thrower Design. Reproducible
copies of all documents will be provided to the Client at the Clients sole cost.
RATE SCHEDULE
Compensation for labor will be on a billing rate basis for all Basic Services and Additional Services according to the following
personnel classifications and rates:
Land Planner $135.00/hr.
Technician / Draftsman / Research $60.00/hr.
Clerical / Delivery $30.00/hr.
Black & White bond/vellum 24x36 $1.50/s.f.
Color Prints/Exhibits size 24x36 $2.00/s.f.
Blueline Copies $1.00/s.f.
All Reimbursable Expenses as defined by the provisions of this Agreement which CONSULTANT deems necessary for prosecution
of the Basic Services of this Agreement will be invoiced to CLI ENT with a multiplier of 1.1 (cost plus ten percent).
ADDITIONAL SERVICES
Additional Services required for the project, if necessary, will be provided on an actual Time and Material Basis, as shown in the
above Rate Schedule.
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Exhibit A
1) Hourly work associated with condemnation related issues for the A.W. Grimes project including, but
not limited to:
a) Review of landowner's consultants' work associated with condemnation, including land
planners documents and appraisers comparable land sales.
b) Preparation of Exhibits for hearings, if necessary.
c) Review of condemning authority's documents and appraiser's comparable land sales.
d) Meet with client and staff as necessary.
e) Meet with City authorities regarding codes, ordinances and regulations for properties subject
to condemnation.
f) Attendance to Commissioner's Hearing associated with condemnation of land.
Fee: Hourly as per rate schedule.
Nod io eeceed et5(D.(22
Assumptions for which the proposal is based upon:
None
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