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HomeMy WebLinkAbout2004 12 13 Consent Item 207 ~ COMMISSION AGENDA ITEM 207 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR December 13, 2004 Meeting MGR ~ IDEPT Authorization /ff REQUEST: Public Works Department Requesting the City Commission Authorize the City Manager to execute a contract with Glatting, Jackson, Kercher, Anglin, Lopez and Rinehart to conduct traffic engineering, circulation and arterial operations analysis for the SR 434 Town Center Corridor at a cost of $29,100. PURPOSE: The purpose of this Board item is to evaluate the estimated traffic that will be produced by the proposed area development and to analyze the impacts of those volumes on SR 434 using two (2) design scenarios defined as the Conventional Design Plan and the Urban Design Plan. CONSIDERA TIONS: This study is needed to develop the technical supporting data and analysis to pursue both the "urban design" and "conventional" concepts for SR 434 in the Town Center depending on which scenario FDOT decides to implement. The pending developments by Boyd, Doran, Engle and Highlander necessitate going beyond the conceptual phase as these projects are moving forward and the street grid envisioned in the master plan need to be verified from a traffic engineering basis. Glatting Jackson was previously authorized on February 23,2004 to develop pedestrian friendly 434 corridor alternatives. They have delivered a draft report which we expect to present to the Commission after the first of the year. The scope of this work includes project meetings with the City and FDOT, traffic count data collection, transportation model design and forecasts, and traffic impact and corridor operations assessment. Consent Agenda Item 207 December 13, 2004 Page 2 FUNDING: The cost for this scope of work is $29,100. The $25,000 currently budgeted in Consulting Services of the Transportation Impact Fee Fund is programmed for an update to the Traffic Impact Study and consultant reviews of traffic studies submitted by development. Sufficient funds ($592,000) are available in the Transportation Impact Fee fund balance for this scope of work. It is requested that $29,100 be transferred from the Transportation Impact Fee fund balance to the Consulting Services line code (140-53180). RECOMMENDATION: It is recommended that authorization be given to the City Manager to execute a contract with Glatting, Jackson, Kercher, Anglin, Lopez and Rinehart to conduct traffic engineering, circulation and arterial operations analysis for the SR 434 Town Center Corridor at a cost of $29,100 payable from the Transportation Impact Fee Consulting Services line code (140-53180) and approving the transfer of $29, 100 from Transportation Impact Fee fund balance to the consulting services line code. IMPLEMENTATION SCHEDULE: The scope of work will be completed within 60 days of approval. ATTACHMENTS: 1. Glatting Jackson Proposal (copy) COMMISSION ACTION: [C Jock F. Glatting. Founder WiIliam).Anglin.Jr. David L Barth Jay H. Exum Carey S. Hayo Jay R. Hood Timothy T. Jackson William C. Kercher.Jr. Walter M. K,ilash Sharon K. Lamantia S. Raymund Lopez Thomas). McMacken.Jr. John H, Percy John F. Rinehart Gregory A. Dryl a Karen T. Campblin Frances Chandler-Marino David R. Claus Charles P. Cobble Michael R. Cochran A. Blake Dn.ry Christi B, EltIein Sandy A, Franks Douglas V. Gaines Bruce C. Hall Patricia S, Hurd Jonathan W. Hoffman Gail D. Llc"}' Brent A. Lacy William D, Lites Ian M. Lockwood Kok Wan Mah Jeffrey F. Manuel Edward J. McKinney Randall S, Mejeur Douglas A. Metzger John). Moore III Balraj N. Mohabeer JOIlOlth:m M. Mugmon Kathleen S, O'Sullivan Kelley Samoels Peterman Heather). Phiel Troy P. Russ Jodi L Rutmann Tara L Salmieri Peter C. Sechler Michael Sobczak Jeff M. Sugar Ronald L Urbaniak G. Wade Walker Gary E, Warner Donald G, Wishart Community Planning 33 East Pine Street Orlando. Florida 32801 P: 407 843 6552 F: 407 839 1789 www.glacting.com Atlanta' Orlando Wtst Polm Btach GLA TTING JACKSON KERCHER ANGLIN LOPEZ RINEHAR T A TT ACHMENT NO, LETTER OF AGREEMENT November 30, 2004 Mr. Ron McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-1800, Ext. 200 Fax: (407) 327-6686 Hereinafter referred to as Client. AND Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 33 East Pine Street Orlando, Florida 32801 Hereinafter referred to as Glatting Jackson. Re: Winter Springs Town Center Area Transportation Study Traffic Circulation and Access Analysis Glatting Jackson Project No. 18800.0 Dear Mr. McLemore: Glatting Jackson is pleased to provide this Letter of Agreement to the City of Winter Springs, Florida (Client). The Client desires to retain Glatting Jackson to conduct traffic engineering, circulation and arterial operations analyses for the SR 434 Corridor in association with the planned development generally described as the Winter Springs Town Center Area in Winter Springs, Florida. The purpose of the study is to evaluate the estimated traffic that will be produced by the proposed area development and to analyze the impacts of those volumes on the State Road 434 using two (2) design scenarios. The scenarios are defined as: # 1 Conventional Access Plan and, #2 Urban Design Plan. 1.0 SCOPE OF SERVICES Part I - Traffic Engineering Analyses 1.1 Project Coordination - In addition to the specific services detailed below, Glatting Jackson shall coordinate our work with the Client's representative and the Client's project team, monitor the project schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project progress. Glalting Jackson Kercher Anglin Lopez Rinehart, Inc, Page 1 Dfn [C 1.2 Project Meetings - Glatting Jackson will attend up to three (3) meetings with the City of Winter Springs, and/or Client, and the project team to discuss project objectives, establish a project schedule, establish a project methodology, and present findings ofthe traffic assessment. The current status of the development program and the study data needs and approach will be discussed at the first meeting to establish a baseline for the traffic assessment. 1.3 Base Information and Data Collection - Glatting Jackson will collect available information regarding the site and surrounding area as needed to conduct the traffic assessment. The City will provide all information within its files regarding development plans, existing traffic studies within the study area and review services of the compiled data sets to be used in the analysis. Traffic data (roadway segment and intersection turning movement counts) will be collected where it is not available or current. It is anticipated that data will be collected for the afternoon peak hours at the following locations: Intersections · State Road 434 @ Central Winds Park Boulevard · State Road 434 @ City Hall Entrance · State Road 434 @ Doran Drive · State Road 434 @ Cliff Rose Drive (Town Center Entrance) · State Road 434 @ Tuskawilla Road' · State Road 434 @ Tuscora Drive Mainline Roadway Links · State Road 434 west of Tuskawilla Road · State Road 434 east of Tuskawilla Road · Tuskawilla Road north of State Road 434 · Tuskawilla Road south of State Road 434 1.4 Transportation Model Design and Forecasts - Glatting Jackson will utilize the adopted 2025 OUA TS Transportation model as a base for producing future year (2010) travel demand forecasts. The traffic analysis zone (T AZ) data will be modified to reflect the anticipated land uses and densities representing the planned Town Center Area development programs. The model will then be used to produce two sets of study area forecasts. The first forecast would be based on the future development program with the "conventional" roadway network and access and intersection concept that will be implemented by the Florida Department of Transportation if no agreement is reached regarding the "urban design" recommendations supported by the City. The second set of forecasts will be prepared using a modified model network reflecting the refined roadway network and street grid system supported by the City and described in the August 18, 2004 draft memorandum report from Glatting Jackson to the City of Winter Springs titled Recommended Improvements to the Winter Springs Town Center Circulation and SR 434. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page20177~ [C 1.5 Traffic Impact and Corridor Operations Assessment - Glatting Jackson will conduct a traffic impact analysis based on the two Town Center Area development and roadway network scenarios previously described. The study will use tools and analysis methods consistent with the standards and requirements generally applied to all site traffic impact studies. The study will include the following activities and elements and will demonstrate the current and future traffic conditions under both scenarios in relationship to the Winter Springs Town Center Area transportation and development programs and the State Road 434 corridor intersection and access plans. The primary elements of the analyses are listed below. Study area data collection, Analyses of existing roadway and intersection operating conditions (PM peak-hour) and level of service, Trip generation and project traffic distribution assignment to the area roadway network, intersections and site access driveways, for both study scenarios, Analysis of the future conditions (Year 201 OlBuildout PM peak-hour) using Synchro 5 to evaluate and simulate traffic operations at intersections and access drives on State Road 434 within the study area limits, Comparison of the estimated level of service and delay exhibited on State Road 434 under both network scenarios, and Preparation of a study report describing the analysis, findings and the recommendations for study area network and street connections. Deliverables - As a result of this task, Glatting Jackson shall produce a traffic study report that summarizes the procedures, results and recommendations of the comparative analyses conducted. Additionally, a Synchro 5 simulation presentation will be prepared for the State Road 434 Study Area Corridor, for use in presentation of the roadway operations and traffic distribution conditions. 1.6 Representation - Glatting Jackson will schedule and meet with the Florida Department of Transportation staff in up to two (2) meetings at the District 5 Headquarters or the City of Winter Springs to review and evaluate the findings of the study. Ifrequested, one of these meetings may be used to conduct a presentation to the City of Winter Springs City Commission to present the finds to that elected body. Part II - Additional Services 1.7 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the Client. 2.0 PROJECT SCHEDULE - Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. 3.0 ASSIGNED PERSONNEL - The following personnel from Glatting Jackson will be Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 3 of J J [C assigned to this project, and will have the responsibilities described: Timothy T. Jackson Brent A. Lacy Walter Kulash G. Wade Walker Kok Wan Mah Carl A. Sundstrom Principal-In-ChargelPrincipal 5 Project Managerrrransportation Planner 6 Sr. Transportation EngineerlPrincipal 5 Transportation Engineer 5 Transportation Engineer 3 Transportation Engineer I 4.0 COMPENSA TION 4.1 Part I - The fee for Part I, Traffic Engineering Analyses, shall be billed on an hourly basis, using the hourly rates listed herein with an estimated budget of twenty three thousand five hundred dollars ($23,500.00) plus direct costs. Direct costs are estimated at four thousand six hundred dollars ($4,600.00). These costs include traffic data collection and support services from a potential Subconsultant to "trouble shoot" the Synchro 5 model development. Only those costs actually incurred will be billed. 4.2 Part II - The fee for Part II, Additional Services, shall be billed using the hourly rates and direct expenses detailed below or as agreed upon fixed fee. Glalting Jackson Kercher Anglin Lopez Rinehart, Inc, Page-4ojn- [C 4.3 Hourly Rate Schedule Principal 5 $250 Transportation Planner 1 $75 Principal 4 $225 Ecologist 4 $130 Principal 3 $215 Ecologist 3 $110 Principal 2 $190 Ecologist 2 $95 Principal 1 $165 Ecologist 1 $75 Planner 6 $200 Landscape Architect 5 $165 Planner 5 $165 Landscape Architect 4 $130 Planner 4 $130 Landscape Architect 3 $110 Planner 3 $110 Landscape Architect 2 $95 Planner 2 $95 Landscape Architect I $75 Planner 1 $75 Landscape Designer 3 $90 Transportation Engineer 6 $200 Landscape Designer 2 $80 Transportation Engineer 5 $165 Landscape Designer 1 $70 Transportation Engineer 4 $130 Public Relations 3 $95 Transportation Engineer 3 $110 Public Relations 2 $85 Transportation Engineer 2 $95 Public Relations 1 $75 Transportation Engineer 1 $75 GIS Specialist 2 $95 Transportation Planner 6 $200 GIS Specialist 1 $75 Transportation Planner 5 $165 Graphic Artist 3 $95 Transportation Planner 4 $130 Graphic Artist 2 $85 Transportation Planner 3 $110 Graphic Artist 1 $75 Transportation Planner 2 $95 Administrative Assistant $55 Technician $50 4.4 Annual Increase In Hourly Rates - Glatting Jackson may, upon notification to the Client, annually increase hourly billing rates. 4.5 Other Direct Costs - Other direct costs incurred in completing the scope of services shall be billed to the Client at a multiple of I .15 times cost. These costs are in addition to the fees for each part of the Scope of Services detailed in this Agreement. Other direct costs may include, but are not limited to, costs for traffic data collection, subconsultants for technical support, costs for reprographics, printing, photocopying, photography, courier services, automobile mileage and other expenses. Personal automobile mileage shall be charged at the current IRS regulation limit. Field vehicle mileage shall be charged at a rate of $0.50 per mile. 4.6 Application Fees - All application, filing, and permit fees, including, without limitation, all fees to local, regional and state governments and agencies, shall be paid by the Client directly to the appropriate agency at the required time. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 5 Ofn- [C 4.7 Retainer - No retainer will be required. 5.0 SUPPLEMENTAL TERMS OF AGREEMENT - Please refer to the attached Supplemental Terms of Agreement for Client Responsibilities and other terms and conditions of this Agreement. We look forward to working with you on this project. If you find these terms acceptable please sign where indicated below and return one signed original to GIatting Jackson for our files. Please call me if you have any questions. AGREED TO AND ACCEPTED BY: City of Winter Springs, Florida GIatting Jackson Kercher Anglin Lopez Rinehart, Inc. By: By: 75h !UAIl) ~' Sharon K. Lamantia Its; Its; Vice President Date; Date: AI f/Mrnkr 20. 2aXf J Glalting Jackson Kercher Anglin Lopez Rinehart, Inc. _ _~_ __ u u --~~~nPiige 6ofTl~ [C SUPPLEMENTAL TERMS OF AGREEMENT Project Name: Town Center Traffic Circulation and Access Analysis GJ Project Number: 18800.0 Client Responsibilities 1. Client Representative - Client shall designate a Project Representative immediately upon execution of this Letter of Agreement, who shall be G latting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the Owner (if a separate person or entity from the Client as shown in Article I) and any separate consultants, 2. Project Information - Client shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project. 3. Schedule Requirements - Client shall comply with any schedule requirements made known to the Client by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 4. Project Responsibility - Client shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. Supplemental Terms 5. Acceptance of Agreement - This Letter of Agreement shall be valid for Client acceptance for a period of fifteen (IS) days from the date of execution by Glatting Jackson. This Letter of Agreement may be terminated by either party with fifteen (15) days written notice. In the event of termination, Glatting Jackson shall be compensated through the date of termination for all fees and direct expenses incurred. 6. Submittal and Payment of Invoices - Invoices for services shall be submitted on approximately a monthly basis. Payment shall be due upon receipt. The Client agrees to pay interest of 1.5% per month to be calculated from the next day after receipt of each invoice, on invoice balances outstanding more than thirty (30) days. Glatting Jackson reserves the right to withhold work products or to stop work until payment is received. The Client assures Glatting Jackson that financial arrangements have been made to fulfill the Client's obligations under this Letter of Agreement. The Client agrees that Glatting Jackson shall not be required to provide detailed backup, in the form of hourly detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. Ifbackup is required the Client agrees to pay Glatting Jackson, on an hourly basis, for the cost of providing such additional information. 7. Action of Agencies Not Guaranteed - Glatting Jackson will exercise professional skill in executing its services, however, it cannot and does not guarantee the action of any governmental official, agency or judicial proceeding. The Client shall pay all invoices for professional services and for expert witness services submitted in accordance with this Letter of Agreement regardless of the results of any such governmental or judicial actions, Glalting Jackson Kercher Anglin Lopez Rinehart, Inc, Page-l-of-n [C 8. Ownership of Property / Construction Lien - In the event that the Client is not the record owner of the property covered by this Agreement, Glatting Jackson may consider the Client's signature as evidence that the Client has the Owner's pennission and consent to enter into this Agreement. It shall be the Client's responsibility to infonn Glatting Jackson of any change in ownership or change in any other circumstance that may affect Glatting Jackson's ability to place a Construction Lien on the property if payment is not received according to the tenns ofthis Agreement. The Client hereby acknowledges and agrees that Glatting Jackson's services are professional services that shaH be perfonned in the practice of Glatting Jackson's profession as a planner, ecologist, architect, landscape architect, engineer or other professional in connection with the specific parcel or parcels of real property referred to in this Agreement and that Glatting Jackson shaH be entitled to a lien upon such real property for the money owing to Glatting Jackson for such Service pursuant to Section 713.03, Florida Statutes (1989 or its successor), or otherwise pursuant to law or equity. 9. Ownership of Documents - AII documents, work product and infonnation contained therein prepared by Glatting Jackson or its SubconsuItants are instruments of service for use by the Client solely with respect to this Project. Glatting Jackson shalI be deemed the author of these documents, work product and infonnation and shaH retain aH rights thereto. 10. Retention of Records - AH original documents, work product and information contained therein shalI be retained by Glatting Jackson for up to two (2) years foHowing completion of the Project. After that time, Glatting Jackson reserves the right to dispose of the documents, work product and infonnation in its sole discretion. The Client shaH be provided with reproducible copies of aH original documents at its expense upon request. II. Limitation of Liability - Glatting Jackson wiH not be responsible for any circumstances, acts, errors, omissions or events, of any type, beyond its reasonable control including, without limitation, construction costs, the acts or failures to act of any governmental or judicial agency and the existence of hazardous waste of any type associated with the Project. G tatting Jackson shaH not be responsible for the acts or omissions of any contractor, Subconsultant or supplier, or of any of the agents or employees or any other persons (except Glatting Jackson's own employees) at the project site or otherwise furnishing or perfonning any of their work; or for any decision made on interpretations or clarifications of any contract documents given by the Client without consultation and advice ofGlatting Jackson. 12. Assignment of Agreement - Neither the Client nor Glatting Jackson shaH have any right to assign this Letter of Agreement to any other person or entity, absent prior written consent from the other party. 13. Dispute Resolution - In the unlikely event of any dispute, difference, claim or counterclaim between Glatting Jackson and the Client arising out of or in connection with this Letter of Agreement, which cannot be amicably resolved by the parties through good faith negotiations, any such matter shaH be submitted to the Circuit court in and for Orange County, Florida, for trial and detennination by the court sitting without jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Florida (if applicable) pursuant to the requirements of such court in any matter so to be submitted to it, and they expressly waive the right to ajury trial. The Client agrees to pay all of Glatting Jackson's reasonable attorney's fees and costs incurred in bringing any such suit in the event that Glatting Jackson prevails. 14. Entire Agreement / Governing Law - Regarding the subject matter hereof, this Agreement contains the entire agreement of the parties and their representatives and agents, and supersedes all prior Gfalting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 80fT! [C understandings, whether oral or written. This Agreement shall be governed by the laws of the State of Florida. Client Initials 'illI' Glatting Jackson Initials Clatting Jackson Kercher Anglin Lopez Rinehart. lnc, Page-9-of+1 [C Jack E Glatting, Founder William J. Anglin,Jr. David L Barth Jay H. Exum Carey S. Hayo Jay R. Hood Timothy T. Jacksun William C. Kercher,Jr. Walter M. Kulash Sharon K. Lamantia S. Raymond Lopez Thomas J. McMacken,Jt. John H. Percy John F. Rinehart Gregory A. Bryla Karen T. Campblin Frances Chandler-Marino David R. Claus Charl", P. Cobble Michael R. Cochran A. Blake Drury Christi B. Elflein Sandy A. Franks Douglas V. Gain'" Bruce C. Hall Patricia S. Hurd Jonathan W. Hollinan Gail D. Lacey Brent A. Lacy William D. Lites Ian M. Lockwood Kok Wan Mah Jeffrey F. Manuel Edward J. McKinney Randall S. Mejeur Douglas A. Metzger John J. Moore 1II Balraj N. Mohabeer Jonathan M. Mugmon Kathleen S. O'Sullivan Kelley Samuels Peterman Heather J. Phiel Troy P. Ross Jodi L. Rutmann Tara L. Salmieri Peter C. Sechler Michael Sobczak Jeff M. Sugar Ronald L. Urbaniak G. Wade Walker Gary E. Warner Donald G. Wishart Community P"'nning 33 East Pine Street Orlando, Florida 32801 P: 407 843 6552 F: 407 839 1789 www.glatting.com Atlonto . Orlondo mst Polm Beoch GLA TTING JACKSON KERCHER ANGLIN LOPEZ RINEHAR T LETTER OF AGREEMENT November 30,2004 Mr. Ron McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-1800, Ext. 200 Fax: (407) 327-6686 Hereinafter referred to as Client. AND Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 33 East Pine Street Orlando, Florida 32801 Hereinafter referred to as Glatting Jackson. Re: Winter Springs Town Center Area Transportation Study Traffic Circulation and Access Analysis Glatting Jackson Project No. 18800.0 Dear Mr. McLemore: Glatting Jackson is pleased to provide this Letter of Agreement to the City of Winter Springs, Florida (Client). The Client desires to retain Glatting Jackson to conduct traffic engineering, circulation and arterial operations analyses for the SR 434 Corridor in association with the planned development generally described as the Winter Springs Town Center Area in Winter Springs, Florida. The purpose of the study is to evaluate the estimated traffic that will be produced by the proposed area development and to analyze the impacts of those volumes on the State Road 434 using two (2) design scenarios. The scenarios are defined as: # 1 Conventional Access Plan and, #2 Urban Design Plan. 1.0 SCOPE OF SERVICES Part I - Traffic Engineering Analyses 1.1 Project Coordination - In addition to the specific services detailed below, Glatting Jackson shall coordinate our work with the Client's representative and the Client's project team, monitor the project schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project progress. Glalling Jackson Kercher Anglin Lopez Rineharl, Inc. Page I of Il [C 1.2 Project Meetings - Glatting Jackson will attend up to three (3) meetings with the City of Winter Springs, and/or Client, and the project team to discuss project objectives, establish a project schedule, establish a project methodology, and present findings of the traffic assessment. The current status of the development program and the study data needs and approach will be discussed at the first meeting to establish a baseline for the traffic assessment. 1.3 Base Information and Data Collection - Glatting Jackson will collect available information regarding the site and surrounding area as needed to conduct the traffic assessment. The City will provide all information within its files regarding development plans, existing traffic studies within the study area and review services of the compiled data sets to be used in the analysis. Traffic data (roadway segment and intersection turning movement counts) will be collected where it is not available or current. It is anticipated that data will be collected for the afternoon peak hours at the following locations: Intersections · State Road 434 @ Central Winds Park Boulevard · State Road 434 @ City Hall Entrance · State Road 434 @ Doran Drive · State Road 434 @ Cliff Rose Drive (Town Center Entrance) · State Road 434 @ Tuskawilla Road · State Road 434 @ Tuscora Drive Mainline Roadway Links · State Road 434 west of Tuskawilla Road . State Road 434 east of Tuskawilla Road · Tuskawilla Road north of State Road 434 · Tuskawilla Road south of State Road 434 1.4 Transportation Model Design and Forecasts - Glatting Jackson will utilize the adopted 2025 OUA TS Transportation model as a base for producing future year (2010) travel demand forecasts. The traffic analysis zone (T AZ) data will be modified to reflect the anticipated land uses and densities representing the planned Town Center Area development programs. The model will then be used to produce two sets of study area forecasts. The first forecast would be based on the future development program with the "conventional" roadway network and access and intersection concept that will be implemented by the Florida Department of Transportation if no agreement is reached regarding the "urban design" recommendations supported by the City. The second set of forecasts will be prepared using a modified model network reflecting the refined roadway network and street grid system supported by the City and described in the August 18, 2004 draft memorandum report from Glatting Jackson to the City of Winter Springs titled Recommended Improvements to the Winter Springs Town Center Circulation and SR 434. Glatting Jackson Kercher Anglin Lopez Rinehart. Inc. Page 2 of 11 [C 1.5 Traffic Impact and Corridor Operations Assessment - Glatting Jackson will conduct a traffic impact analysis based on the two Town Center Area development and roadway network scenarios previously described. The study will use tools and analysis methods consistent with the standards and requirements generally applied to all site traffic impact studies. The study will include the following activities and elements and will demonstrate the current and future traffic conditions under both scenarios in relationship to the Winter Springs Town Center Area transportation and development programs and the State Road 434 corridor intersection and access plans. The primary elements of the analyses are listed below. Study area data collection, Analyses of existing roadway and intersection operating conditions (PM peak-hour) and level of service, Trip generation and project traffic distribution assignment to the area roadway network, intersections and site access driveways, for both study scenanos, Analysis of the future conditions (Year 2010/Buildout PM peak-hour) using Synchro 5 to evaluate and simulate traffic operations at intersections and access drives on State Road 434 within the study area limits, Comparison of the estimated level of service and delay exhibited on State Road 434 under both network scenarios, and Preparation of a study report describing the analysis, findings and the recommendations for study area network and street connections. Deliverables - As a result of this task, Glatting Jackson shall produce a traffic study report that summarizes the procedures, results and recommendations of the comparative analyses conducted. Additionally, a Synchro 5 simulation presentation will be prepared for the State Road 434 Study Area Corridor, for use in presentation of the roadway operations and traffic distribution conditions. 1.6 Representation - Glatting Jackson will schedule and meet with the Florida Department of Transportation staff in up to two (2) meetings at the District 5 Headquarters or the City of Winter Springs to review and evaluate the findings of the study. Ifrequested, one of these meetings may be used to conduct a presentation to the City of Winter Springs City Commission to present the finds to that elected body. Part II - Additional Services 1.7 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the Client. 2.0 PROJECT SCHEDULE - Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. 3.0 ASSIGNED PERSONNEL - The following personnel from Glatting Jackson will be Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 3 of 11 [C assigned to this project, and will have the responsibilities described: Timothy T. Jackson Brent A. Lacy Walter Kulash G. Wade Walker Kok Wan Mah Carl A. Sundstrom Principal- In-ChargelPrincipal 5 Project Manager/Transportation Planner 6 Sf. Transportation EngineerlPrincipal 5 Transportation Engineer 5 Transportation Engineer 3 Transportation Engineer 1 4.0 COMPENSATION 4.1 Part I - The fee for Part I, Traffic Engineering Analyses, shall be billed on an hourly basis, using the hourly rates listed herein with an estimated budget of twenty three thousand five hundred dollars ($23,500.00) plus direct costs. Direct costs are estimated at four thousand six hundred dollars ($4,600.00). These costs include traffic data collection and support services from a potential Subconsultant to "trouble shoot" the Synchro 5 model development. Only those costs actually incurred will be billed. 4.2 Part II - The fee for Part II, Additional Services, shall be billed using the hourly rates and direct expenses detailed below or as agreed upon fixed fee. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 4 of I I [C 4.3 Hourly Rate Schedule Principal 5 $250 Transportation Planner I $75 Principal 4 $225 Ecologist 4 $130 Principal 3 $215 Ecologist 3 $110 Principal 2 $190 Ecologist 2 $95 Principal 1 $165 Ecologist I $75 Planner 6 $200 Landscape Architect 5 $165 Planner 5 $165 Landscape Architect 4 $130 Planner 4 $130 Landscape Architect 3 $110 Planner 3 $110 Landscape Architect 2 $95 Planner 2 $95 Landscape Architect I $75 Planner 1 $75 Landscape Designer 3 $90 Transportation Engineer 6 $200 Landscape Designer 2 $80 Transportation Engineer 5 $165 Landscape Designer I $70 Transportation Engineer 4 $130 Public Relations 3 $95 Transportation Engineer 3 $110 Public Relations 2 $85 Transportation Engineer 2 $95 Public Relations I $75 Transportation Engineer I $75 GIS Specialist 2 $95 Transportation Planner 6 $200 GIS Specialist 1 $75 Transportation Planner 5 $165 Graphic Artist 3 $95 Transportation Planner 4 $130 Graphic Artist 2 $85 Transportation Planner 3 $110 Graphic Artist 1 $75 Transportation Planner 2 $95 Administrative Assistant $55 Technician $50 4.4 Annual Increase In Hourly Rates - Glatting Jackson may, upon notification to the Client, annually increase hourly billing rates. 4.5 Other Direct Costs - Other direct costs incurred in completing the scope of services shall be billed to the Client at a multiple of 1.15 times cost. These costs are in addition to the fees for each part of the Scope of Services detailed in this Agreement. Other direct costs may include, but are not limited to, costs for traffic data collection, subconsultants for technical support, costs for reprographics, printing, photocopying, photography, courier services, automobile mileage and other expenses. Personal automobile mileage shall be charged at the current IRS regulation limit. Field vehicle mileage shall be charged at a rate of $0.50 per mile. 4.6 Application Fees - All application, filing, and permit fees, including, without limitation, all fees to local, regional and state governments and agencies, shall be paid by the Client directly to the appropriate agency at the required time. Glatting Jackson Kercher Anglin Lopez Rinehart. Inc. Page 5 of 1J [C 4.7 Retainer - No retainer will be required. 5.0 SUPPLEMENTAL TERMS OF AGREEMENT - Please refer to the attached Supplemental Terms of Agreement for Client Responsibilities and other terms and conditions of this Agreement. We look forward to working with you on this project. If you find these terms acceptable please sign where indicated below and return one signed original to Glatting Jackson for our files. Please call me if you have any questions. Sincerely, ~' Brent A. Lacy, Director of Transportation Engin ering AGREED TO AND ACCEPTED BY: City of Winter Springs, Florida Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. . .._~ By: /f?~~~ By: 75hIWll) ~' Sharon K. Lamantia Its: CI~)I /rJ">-'J <r Its: Vice President Date: / -:2/ ) 7/tYl1 Date: N /Il){Jfl1/txr 20 j Zctxf Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 6 of 11 [C SUPPLEMENTAL TERMS OF AGREEMENT Project Name: Town Center Traffic Circulation and Access Analysis GJ Project Number: 18800.0 Client Responsibilities I. Client Representative - Client shall designate a Project Representative immediately upon execution of this Letter of Agreement, who shall be Glatting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the Owner (if a separate person or entity from the Client as shown in Article I) and any separate consultants. 2. Project Information - Client shall provide full information to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, information or other resources requested by Glatting Jackson that are necessary for completion of the project. 3. Schedule Requirements - Client shall comply with any schedule requirements made known to the Client by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 4. Project Responsibility - Client shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request ( and acceptance) for Additional Service. Supplemental Terms 5. Acceptance of Agreement - This Letter of Agreement shall be valid for Client acceptance for a period of fifteen (15) days from the date of execution by Glatting Jackson. This Letter of Agreement may be terminated by either party with fifteen (15) days written notice. In the event of termination, Glatting Jackson shall be compensated through the date of termination for all fees and direct expenses incurred. 6. Submittal and Payment of Invoices - Invoices for services shall be submitted on approximately a monthly basis. Payment shall be due upon receipt. The Client agrees to pay interest of 1.5% per month to be calculated from the next day after receipt of each invoice, on invoice balances outstanding more than thirty (30) days. Glatting Jackson reserves the right to withhold work products or to stop work until payment is received. The Client assures Glatting Jackson that financial arrangements have been made to fulfill the Client's obligations under this Letter of Agreement. The Client agrees that Glatting Jackson shall not be required to provide detailed backup, in the form of hourly detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. Ifbackup is required the Client agrees to pay Glatting Jackson, on an hourly basis, for the cost of providing such additional information. 7. Action of Agencies Not Guaranteed - Glatting Jackson will exercise professional skill in executing its services, however, it cannot and does not guarantee the action of any governmental official, agency or judicial proceeding. The Client shall pay all invoices for professional services and for expert witness services submitted in accordance with this Letter of Agreement regardless of the results of any such governmental or judicial actions. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 7 of 11 [C 8. Ownership of Property / Construction Lien - In the event that the Client is not the record owner of the property covered by this Agreement, Glatting Jackson may consider the Client's signature as evidence that the Client has the Owner's permission and consent to enter into this Agreement. It shall be the Client's responsibility to inform Glatting Jackson of any change in ownership or change in any other circumstance that may affect Glatting Jackson's ability to place a Construction Lien on the property if payment is not received according to the terms ofthis Agreement. The Client hereby acknowledges and agrees that Glatting Jackson's services are professional services that shall be performed in the practice of Glatting Jackson's profession as a planner, ecologist, architect, landscape architect, engineer or other professional in connection with the specific parcel or parcels of real property referred to in this Agreement and that Glatting Jackson shall be entitled to a lien upon such real property for the money owing to Glatting Jackson for such Service pursuant to Section 713.03, Florida Statutes (1989 or its successor), or otherwise pursuant to law or equity. 9. Ownership of Documents - All documents, work product and information contained therein prepared by Glatting Jackson or its Sub consultants are instruments of service for use by the Client solely with respect to this Project. Glatting Jackson shall be deemed the author of these documents, work product and information and shall retain all rights thereto. 10. Retention of Records - All original documents, work product and information contained therein shall be retained by Glatting Jackson for up to two (2) years following completion of the Project. After that time, Glatting Jackson reserves the right to dispose of the documents, work product and information in its sole discretion. The Client shall be provided with reproducible copies of all original documents at its expense upon request. II. Limitation of Liability - Glatting Jackson will not be responsible for any circumstances, acts, errors, omissions or events, of any type, beyond its reasonable control including, without limitation, construction costs, the acts or failures to act of any governmental or judicial agency and the existence of hazardous waste of any type associated with the Project. Glatting Jackson shall not be responsible for the acts or omissions of any contractor, Subconsultant or supplier, or of any of the agents or employees or any other persons (except Glatting Jackson's own employees) at the project site or otherwise furnishing or performing any of their work; or for any decision made on interpretations or clarifications of any contract documents given by the Client without consultation and advice of Glatting Jackson. 12. Assignment of Agreement - Neither the Client nor Glatting Jackson shall have any right to assign this Letter of Agreement to any other person or entity, absent prior written consent from the other party. 13. Dispute Resolution - In the unlikely event of any dispute, difference, claim or counterclaim between Glatting Jackson and the Client arising out of or in connection with this Letter of Agreement, which cannot be amicably resolved by the parties through good faith negotiations, any such matter shall be submitted to the Circuit court in and for Orange County, Florida, for trial and determination by the court sitting without jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Florida (if applicable) pursuant to the requirements of such court in any matter so to be submitted to it, and they expressly waive the right to ajury trial. The Client agrees to pay all of Glatting Jackson's reasonable attorney's fees and costs incurred in bringing any such suit in the event that Glatting Jackson prevails. 14. Entire Agreement / Governing Law - Regarding the subject matter hereof, this Agreement contains the entire agreement of the parties and their representatives and agents, and supersedes all prior Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 8 of I I [C understandings, whether oral or written. This Agreement shall be governed by the laws of the State of Florida. ~. Client Initials 1 GJatting Jackson Initials Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 9 of II