CM-06-12-215ROUND ROCK, TEXAS
PURPOSE. f \SSION. PROSPERITY
LETTER OF AGREEMENT
FOR
PROFESSIONAL SERVICES OF
ACCESS AND LAND USE
NEGOTIATION AND DOCUMENT EXECUTION
This Letter of Agreement (LOA) is made and entered into between Fisher Hagood, Inc., (FH), a Civil
and Structural Engineering Firm, and The City of Round Rock (CORR), a home rule city in the state of
Texas, acted into effect on the date of the City Manager's signature.
CORR and FH agreement is as follows:
1. Services Performed By Firm. Firm agrees to perform the following services:
Scope for Requested Professional Services for the McNeil Road Corridor Enhancement Project
To develop and execute encroachment and right -of -entry agreements for fifty-four (54) properties
impacted in the McNeil Road Corridor Enhancement Project. This task was not included in the original
Professional Services contract. Performance of this task includes, but is not limited to, the performance
of sub -tasks such as the following:
A Work with City Staff and the City's Legal Service Provider to develop a basic model
agreement and set allowable modification limits for customizing to property specific.
B Determine which and how properties are impacted, during all phases of construction, post
construction, and future maintenance. This includes the impact on privacy, safety of
residences and pets, vegetation, social events, improvements, life style, etc. at each
impacted property.
C Determine who and what signature(s) is needed on each agreement.
D Develop and produce all the property specific agreements with required attachment
documents, and project exhibits required for presentation(s) and/or inclusion in a mailing.
E Contact the parties and/or their representative(s), as often as needed, to address a question
or a modification they propose in the documentation. If the proposed modification is
within the set limits, then make the change. If the proposed modification is not within the
set limits, then inform the contact that issue is outside the scope of the agreement and
needs to be addressed separately.
✓ Obtain the signature on each of the agreements.
G Provide a notary at legal signature's in town scheduled meeting location.
H File each of the fully executed documents in the Williamson County Courthouse.
[ Track this task process from beginning though the filing of the last document.
J Provide copies of the file documents to the City.
6111- O1O4a-r2)5
Fisher Hagood, Inc.
Page 1 of 2
2. Services Performed By CORR. CORR agrees to perform the following services:
A To meet with FH as needed to expedite the performance of this task.
B To provide FH with copies of any existing document the City has related to this and
similar task that FH requests.
C To provide FH with City letter head to be used only for official commi.uiication made by
FH on the behalf of the City related to this task.
D To provide FH with. City logo to be used only for encroachment and right -of -entry
agreements related to this task.
E To meet with FH and the City's Legal Service Provider to develop a basic model
agreement and set allowable modification limits for customizing the agreements to be
property specific.
F To assist FH in determination of who and what signature(s) is needed on an agreement.
G To work with FH on issues as they occur during the implementation of this task.
H To meet with landowner(s) to address issue(s) impeding FH performance on this task.
Compensation By CORR. CORR agrees to compensate FH for said services as follows:
A Base Fee Lump Sum: $10,000.00 (No Sales Tax)
B Both parties understand that 'Base Fee Lump Sum' fee includes compensation for all
hard and soft cost related to the total completion of this task, including materials,
supplies, fling fees, postage (any delivery cost), communication, travel, reproduction,
rentals, labor, overhead, equipment, and all other miscellaneous. There are not any
reimbursable items.
3.
CORR:
City of Round Rock
By:
Type
Title
Address:
me: James R. Nuse
City Manager
221 East Main Street
Round Rock, Texas 78664
(512) 218-5401
(512) 218-7097
Telephone:
Facsimile:
FH:
Fisher Hagood, Inc.
By:
(k)44.tz
Typed Name:
Title
Address:
Telephone:
Facsimile:
Julie Kern
Principal / Contracts Manager
One Chisholm Trail, Suite 5200
Round Rock, Texas 78681
(512) 244-1546
(512) 388-3698
Effective Day of��CJV , 2006
Fisher Hagood, Inc.
Page 2 of 2
FEE SCHEDULE
HOURLY RATE SCHEDULE
CLASSIFICATION
SALARY
RATE
HOURLY
RATE*
PROFIT @
10%
TOTAL
STANDARD
RATE
Principal Project Manager
$ 46.00
$ 155.02
$ 15.51
$ 170.53
Engineer
$ 38.00
$ 128.06
$ 12.81
$ 140.87
Technician
$ 16.00
$ 53.92
$ 5.40
$ 59.32
Field Representative
$ 22.00
$ 74.14
$ 7.42
$ 81.56
Clerical
$ 18.55
$ 62.51
$ 6.26
$ 68.77
y costs with a 2.37 multiplier.
EXPERT TESTIMONY, IF REQUIRED BY THE CITY
MINIMUM 4 HOURS PER DAY
CLASSIFICATION
TOTAL
STANDARD
RATE
TOTAL EXPERT
TESTIMONY
RATE*
Principal Project Manager
$ 170.53
$ 213.16
Engineer
$ 140.87
$ 176.09
Technician
$ 59.32
$ 74.15
Field Representative
$ 81.56
$ 101.95
es are based on "Total Standard Rate" with a 1.25 multiplier.
ENCROACHMENT AGREEMENT SERVICES FEE
McNeil Corridor Enhancements
Breakdown for Services attributable to Encroachment Agreements
Hours
Hrly Rate
Total
Principal Project Manager
20
$170.53
$3,410.60
Field Representative
24
81.56
$1,957.44
Technician
15
59.32
$889.80
Clerical
40
68.77
$2,750.80
TOTAL LABOR
$9,008.64
Expense Reimbursement
Filing Fees, Postage, Mileage, Supplies
(Envelopes, Etc.), Copies
$901.24
10%
$991.36
TOTAL SERVICES REQUESTED
$10,000.00 I
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185.19 Cost/Agreement
69
"ROUND RUCK, TEXAS
PURPOSE. PASSION. PROSPPRIPL
RIGHT OF ENTRY FOR CONSTRUCTION AND
MAINTENANCE, AND ACKNOWLEDGMENT AND
CONSENT OF ENCROACHMENT AGREEMENT
M`NEIL ROAD CORRIDOR IMPROVEMENTS
The Right of Entry for Construction and Encroachment Agreement, hereinafter referred to as "Agreement", is made on
the day of , 2004, between and , hereinafter
referred to as "Owner", of lot block section in the Subdivision, and the
City of Round Rock, Texas, a municipal corporation, hereinafter refereed to as "City."
The Owner and the City hereby agree to the following:
1. The Owner, his heirs, successors, and assignees, does hereby grant to the City a right of entry for construction
and maintenance of a fence/wall located on the property described in Exhibit "A", attached hereto and
incorporated herein (the "Premises").
2. By signing this Agreement, Owner, his heirs, successors, and assignees, acknowledges and consents to
permanent encroachment onto the Premises of the above-described fence/wall.
3. These rights shall be in effect from the start date of construction and shall continue in perpetuity.
4. The City shall provide ongoing maintenance to the fence/wall.
5. This right of entry for construction and maintenance, and acknowledgment and consent of encroachment is
granted for and in consideration of the sum of one dollar and no/100 ($1.00) and other good and valuable
consideration to City.
OWNER
This instrument was acknowledged before me on this the
day of , 200f by
Not Public, State of texas
My mmission Expires:
•
•
FM 325
.„.„. .. • —1-1'
Corridor Enhancement Program
ROM ROCK, TEXAS
Phase IPON KPIrTt
SoGRAPHICS,COUNCIL AGENDA/ENGINEERING/MCNE1L ROAD CORR1DOR ENHANCEMENT FROG 11.12-02 RLR
DATE: November 28, 2006
SUBJECT: City Manager's Signature - December 1, 2006
ITEM: Action authorizing the City Manager to execute a Letter of Agreement
for Professional Services with Fisher Hagood, Inc. for work on the
McNeil Corridor Enhancement Program.
Department: Engineering & Development Services
Staff Person: Daniel L. Halden, P.E., City Engineer
Justification:
Fisher Hagood, Inc. (FH) performed services for the City that were not within the scope of the
Professional Services contract and is requesting compensation for said services. Staff
considers the amount requested as full and reasonable compensation for the services
performed.
Funding:
Cost: $ 10,000.00
Source: 2002 Issuance General Obligation Bond Funds
Resources: Fisher Hagood, Inc.
Background:
In order to construct and maintain the McNeil Road corridor fencing, rights of entry and/or
encroachment agreements on impacted abutting lots were required. These could be obtained
by a mixture of easements or property acquisition. Funding was already subsidized on this
project. Therefore, in consultation with the City's Legal Services Provider (Legal) it was
determined that an encroachment agreement (EA) would be suitable. Legal also determined
that all directly impacted properties required these EAs.
A model EA was developed for this project (copy attached) and used to obtain the 54 EAs
that were not included in the Professional Services Contract. FH was aware of budget
constraints but desired to see the McNeil Road project move forward. Thus, FH agreed to
assist with the EAs, in anticipation of requesting compensation at a later date, if the project
was completed under the allocated funding. This Project did finish approximately $30,000.00
under allocated funds.
This LOA total of $10,000.00 equates to approximately $185.20 per EA (FH's fee break down
is attached). Staff feels this is an equitable price for the services and rights the City received
(estimated acquisition of rights cost comparison attached).
The LOA gives a break down of FH's services. In general, these efforts included preparation,
securing and recording a customized EA with an attached color Exhibit of each impacted
property. EA forms were mailed to all of the Owners with a letter requesting the return
notarized signed EA in the enclosed pre -postage return envelope addressed to FH. Owners
who did not return the EA were contacted individually to discuss the project. FH provided a
notary when needed. Notarized EAs were recorded at the Williamson County Courthouse.
Public Comment: N/A