Res 2006-049 - Laserfiche WebLink

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I I I 208. PROFESSIONAL CONSULTANT SERVICES AGREEMENT This Agreement is made this the 8th day of March , 2006, between the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Broaddus & Associates, Inc. ("Consultant"), 1301 Capital of Texas Highway, Suite A-302, Austin, Texas 78704, for the provision of owner representative services in connection with the construction of the City of San Marcos Conference Center (the "Project"). The City and the Consultant agree as follows: ARTICLE 1 CONSULTANT'S SERVICES AND RESPONSIBILITIES 1.1 PROJECT DESCRIPTION AND COORDINATION; STANDARDS OF PERFORMANCE 1.1.1 The City is contemplating the construction of a new conference center facility on a site located at the intersection of McCarty Lane and IH35 South in San Marcos, Texas. This Project will be constructed in conjunction with a hotel project which is being developed by JQH-San Marcos Development, LLC ("JQH") to be constructed on adjacent property owned by JQH. The City and JQH have entered into a Master Development Agreement which includes the details of this partnership. It is anticipated that the Project will include approximately 75,000-80,000 gross square feet with a total project budget of $20,000,000.00 and that the Project will be constructed utilizing the design-build method of construction as authorized in Section 271.119 of the Texas Local Government Code. The Consultant understands that it will be expected to cooperate to the fullest extent possible with representatives of JQH in order to ensure that the Project will be completed in a manner that guarantees functionality and durability of the overall hotel and conference center development. 1.1.2 The City is required by State law to engage the services of an engineer or architect independent of a design build firm to serve as the City's owner representative for the duration of the work on the Project. The City is engaging the Consultant to perform these owner representative services for the Project. The performance of all services by the Consultant in connection with this Agreement will be by architects, engineers, and professional project managers appropriately licensed or registered under State, local and Federal laws governing their respective consulting disciplines. The Consultant represents that it engages in the business of providing project management and planning services to facility owners and that it is qualified to provide owner representative services to the City for this Project. In performing services under this Agreement, the Consultant will use that degree of care and skill ordinarily exercised for similar projects by professional consultants who possess special expertise in the types of services involved under this Agreement. 1.1.3 No work under this Agreement will be subcontracted by the Consultant without prior written approval from the City. Any work or services subcontracted under this Agreement shall be specified by separate written Agreement and shall be subject to each provision of this Agreement. 1 Broaddus OR Contract