CM-05-06-098Request for City Council/City Manager Action
City Council gi City Manager
Submit completed form for ALL City Manager and City Council approvals.
Department Name:
Contact Person:
Administration/Legal
Christine Martinez/Sheni Monore
Project Manager/Resource: Steve Sheets
Project Coordinator:
Assigned Attorney:
11 crCi
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Steve Sheets
Steve Sheets
6/10/05 - City Manager Approval
Blue Sheet Wording
For Administration Use ONLY
Tai
Documents:
Scan Date:
Retch'
Project Name: A.w. Grimes Blvd.
Contractor/Vendor: Thrower Design
Funding Source:
Amount: $3,500.00
Consider City Manager approval to enter into a letter of agreement with Thrower Design for professional land development services. A representative from Thrower Design will testify on behalf of
the City of Round Rock regarding the Cirkiel condemnation on the A.W. Grimes Blvd. Project
Finance Information
Is Funding Required?
X
Finance Approval
0Finance
0Finance
LJPurchasing
Budget
Yes 0 No
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
3,500.00
Other (Please clearly identify action on lines below)
Verbal approval from Cindy Demers per SS
ForSubmisston to"ALL' Ci
Project Mgr. Signature:
Date
Date
Date
Date
Council and+City ManageAction Items'!
Date:
Date:
Date:
Date:
City Manager Signature:
Dept. Directo
ral Apprgv
rd
EqulredfprALL items,
AgOW
1/app/9
Updated 6-9-05
DATE:
June 9, 2005
BLUE SHEET FORMAT
SUBJECT: June 10, 2005 - City Manager Approval
ITEM: Consider City Manager approval to enter into a letter of
agreement with Thrower Design for professional land
development services.
Department:
Staff Person:
Justification:
Legal
Steve Sheets, City Attorney
A representative from Thrower Design will testify on behalf
of the City of Round Rock regarding the Cirkiel
condemnation on the A.W. Grimes Blvd. Project.
Funding:
Cost: Not to exceed $3,500
Source of funds:
Outside Resources: Thrower Design
Background Information:
Public Comment:
Blue Sheet Format
Updated 01/20/04
Jun 09 05 09:55a Ron
Client:
Date:
Project Name/Location:
512-476-4454
2807 Manchaca Road, Bldg. 2 • Austin, Texas • 78704
(512) 476-4456 • Fax (512) 476-4454
AGREEMENT FOR THE PROVISION OF
LIMITED PROFESSIONAL LAND DEVELOPMENT SERVICES
Mr. Jim Nuse, P.E., City Manager
City of Round Rock
c/o Don Childs
Sheets & Crossfield, P.C.
309 E. Main Street
Round Rock, Texas 78664-524
June 9, 2005
City of Round Rock
A.W. Grimes Blvd. Project - Parcel 2 — Martin Cirkiel
Scope/Intent and Extent of Basic Services:
See Exhibit A
Fee Arrangement:
See Exhibit A
p.2
The Terms and Conditions on the following pages of this form are a part of this Agreement.
Offered By:
(Signature)
/2.3'^%r -f- 6/9/05
(Date)
A. Ron Thrower/Owner
(Printed Name/Title)
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m- os-oce -oqg
Accepted By:
ure) (Date)
VQMes Rt,ta((
(Printed Namelfitle
(Name of Gtiient
N E R
Jun 09 05 09:55a Ron
512-476-4454 p.3
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.
Billings/Payments:
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 attomey'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 causor
ign by
theClient. Such causes in udee,, but e not limited toshall not m, Throwerthe totatDesign's negligence, errors, omissions, strictamount of compensation paid to Thrower liability,
breach of contract or breach of warranty.
2
Jun 09 05 09:55a Ran
Exhibit A
512-476-4454 p.4
1) Hourly work associated with condemnation related issues for the project including:
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) Attendance to Commissioner's Hearing associated with condemnation of land.
Fee: Hourly as per rate schedule.
N0++0 exceed 4L3Soo.00
Assumptions for which the proposal is based upon:
None
4
Jun 09 05 11:02a Ron
512-476-4454 P.2
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
Technician / Draftsman / Research
Clerical / Delivery
Black & White bond/vellum24x36
Color Prints/Exhibits size 24x36
Blueline Copies
$135.00/hr.
$60.00/hr.
$30.00/hr.
$1.50/s.f.
$2.00/s.f.
$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 CLIENT 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.
Surveying, if necessary, by others.
TDLR and ADA review by others.
Preparation of landscape and irigation system plans.
Structural Design: Design of concrete retaining wall structures.
Soils or Materials Testing: Required field sampling and laboratory analysis necessary for the design, and development of
foundation and pavement structures recommendation or inspection of such facilities shall be performed by a qualified geotechnical
firm.
Certified Geologist: Geological investigations, and report preparation for the submittal of a Water Pollution Abatement Plan or
Sewage Collection System to the TCEQ.
Environmental Assessments and Studies:
Environmental Assessments for submittal to
Each Easement or Restrictive Covenant by s
processed for $250.
Environmental site investigations necessary for Endangered Species Surveys &
regulatory authorities. Phase 1 or 2 Environmental studies necessary for lenders.
eparate instrument will be have field notes prepared by surveyor (separate cost) and
All issues relating to Neighborhood Plans_
3