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HomeMy WebLinkAboutGlatting Jackson Letter of Agreement Alternative Character Study -2004 01 15 .. <. [C Jack F. Glatting, Founder William]. Anglin,Jr. David L. Barth Jay H. Exum Carey S. Hayo Jay R. Hood Timothy T. Jackson William C. Kercher,Jr. Walter M. Kulash Sharon K. Lamantia S. Raymond Lopez Thomas]. McMacken,Jr. John H. Percy John F. Rinehart Gregory A. Bryla Karen T. Campblin Frances Chandler-Marino John W. Cheek David R. Claus Charles P. Cobble Michael R. Cochran A. Blake Drury Christi B. Elflein Sandy A. Franks Douglas V. Gaines John T. Griffin III Bruce C. Hall Patricia S. Hurd Jonathan W. Hoffman Gail D. Lacey Brent A. Lacy William D. Lites Ian M. Lockwood Kok Wan Mah Jeffrey F. Manuel Edward]. McKinney Randall S. Mejeur Douglas A. Metzger John]. Moore III Balraj N. Mohabeer Jonathan M. Mugmon Kathleen S. O'Sullivan Kirk]. Olney Timothy R. Palermo Kelley Samuels Peterman Heather]. Phiel Troy P. Russ Jodi L. Rutmann Tara L. Salmieri Peter C. Sechler Michael Sobczak JeffM. 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.glatting.com Atlanta. Orlando Wut Palm Beach GLA TTING JACKSON KERCHER ANGLIN LOPEZ RINEHAR T LETTER OF AGREEMENT January 15,2004 Mr. Ronald W. McLemore City Manager City of Winter Springs 1126 State Road 434 Winter Springs, FL 32708 Telephone: 407.327.5957 Hereinafter referred to as Client. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 33 East Pine Street Orlando, Florida 32801 Hereinafter referred to as Glatting Jackson. AND Re: City of Winter Springs/SR434 Alternative Character Study Glatting Jackson Project #18157.0 Dear Mr. McLemore: Glatting Jackson is pleased to provide this Letter of Agreement to the City of Winter Springs (Client) for services related to developing and articulating an alternative urban cross-section concept for the portion of SR 434 that runs through the Town Center District of the City. 1.0 SCOPE OF SERVICES Part I - Develop and Articulate Alternative Concept for SR 434 Character 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. 1.2 Data Collection Glatting Jackson will prepare base maps of the SR 434 corridor within the Town Center district of the City of Winter Springs. Glatting Jackson will also review, map, and evaluate base traffic (existing and projected mainline and turning movement counts) and development data provided by the City of Winter Springs for the roadways and parcels located within the Town Center district. Deliverable: Base map at a scale of 1" = 200' annotated with existing condition data Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 1 of8 , ' [C 1.3 Visioning Sessions Glatting Jackson will interview City-identified stakeholders along the corridor to determine issues and opportunities associated with changes in the character of SR 434 through the project area. It is anticipated that these interviews will last one to two hours each, and take place over the span of two concurrent days. Glatting Jackson will then facilitate a visioning session to be held in Winter Springs for City staff and the developer to respond to the results of the stakeholder interviews and to further defme the issues and opportunities associated with modifications to the configuration of SR 434 through the project area. This session is envisioned as a one-day intensive worksession with representatives from the City and developer as active participants with the consultant team. The City shall make all physical arrangements for the workshop and invite the participants. Deliverable: Brief technical memorandum summarizing the issues and opportunities associated with the corridor resulting from the stakeholder and visioning sessions. 1.4 Develop SR 434 Alternative Concept Glatting Jackson will develop a cross-section alternative for SR 434 that urbanizes the segment within the Town Center area. Working with Design Works LLC, who is the site designer under contract with the Town Center developer (James Doran Company), and the City of Winter Springs, Glatting Jackson will evaluate cross-sectional elements that rebalance the role of the roadway to make it a more pedestrian and business-friendly street that responds to the surrounding Town Center context. The concept will be developed and evaluated with respect to accommodating existing and future expected vehicular traffic loadings, with elements such as future signal location and spacing, delineation of new curb line, potential reduction in travel lane width, integration of bicycle facilities, location and configuration of pedestrian amenities, and conceptual streetscape elements included in the concept. The concept will be articulated in a corridor plan at a scale of 1" = 200', and supplemented by typical cross-sections and detail drawings of the major intersections and entryways on the eastern and western edges of the corridor. Up to four "eye level" perspective renderings of important places within the corridor will also be developed to graphically articulate the concept as integrated into the surrounding Town Center context, and to further describe the "urbanization" of both the roadway and surrounding land uses. A draft of the illustrative master plan and technical support memorandum will be submitted to Dover Kohl, who is the City's architect for the Town Center, and to the Client for review and comment. Glatting Jackson will incorporate Dover Kohl's and the Client's comments into the fmal plan and technical memorandum, then prepare detail vignettes at a scale of 1"=50' for up to eight specific initiatives at intersections, entries, or midblock locations, as well as up to four eye level perspectives that illustrate the relationship of proposed elements to the Town Center context. Additionally, all deliverables will be summarized in an illustrative Executive Summary to be developed in a pamphlet or brochure format for reproduction and distribution by the City. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 2 of8 [C Deliverables: . One draft illustrative corridor "master plan" at a scale of I" = 200' summarizing specific initiatives and modifications proposed to elicit changes in the character of SR 434 as it traverses the Winter Springs Town Center, supplemented by vignettes at a scale of 1 "=50' of specific configurations at intersections, entries, and midblock cross sections. . Brief technical memorandum summarizing the recommendations and analyses relevant to the recommendations (one draft and one fmal incorporating Client's comments). . One fmal illustrative corridor "master plan" at a scale of I" = 200' . Vignettes at a scale of 1"=50' of specific configurations at intersections, entries, and the midblock cross sections (maximum of eight). . Up to four (4) "eye level" perspectives. . Illustrative Executive Summary in a pamphlet or brochure format. 1.5 Consensus-Building and FDOT Coordination Glatting Jackson will present the recommended concept to elected and appointed officials of the City during a two-hour worksession. Comments received at this worksession will be incorporated into a fmal corridor vision plan to be presented to FDOT. It is anticipated that two half-day sessions with FDOT leadership and staff will be scheduled, at which the concept will be presented and comments received. At the conclusion of these meetings, Glatting Jackson will develop a methodology outlining the types and extent of analyses that will be required by FDOT to move the concept forward, as well as any recommended modifications to the concept plan requested by FDOT. The actual analyses and concept plan revisions are not included as part of this scope of work. Deliverable: Methodology memorandum summarizing the information, analyses, and plan modifications required by FDOT to move the concept forward toward implementation. Part II ~'/iew aREt ~fiRe ExistiRg CirelllatieR CeRe@,twitkiR TeWR CeRter 1.6 Data Collection Glatting Jackson will prepare a base map of the northwest quadrant of the Town Center district of the City of Winter Springs, denoting existing and planned development initiatives. Glatting Jackson will also review, map, and evaluate base traffic (existing and projected trip generation and turning movement counts) and development data provided by the City of Winter Springs for the roadways, trails, and parcels located within the Town Center district. Glatting Jackson will also convene a one-half day worksession with City staff, the developer, and other identified interested stakeholders (such as the Publix manager) to identify existing circulation issues related to vehicles, pedestrians, bicyclists, and deliveries within the built and planned portion of the northwest quadrant. The City shall make all physical arrangements for the worksession and invite participants. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 3 of8 [C Deliverable: Base map at a scale of 1" = 200' annotated with existing and future circulation system issues and opportunities. 1.7 Assessment and Recommendations Using the results of the worksession, Glatting Jackson will develop a series of initiatives to respond to the issues and opportunities. Such initiatives are likely to include suggestions to improve the frontage road system, truck routing scenarios for deliveries, pedestrianization of the core of the built development, and exploration of connection opportunities between City Hall and the Town Center. Deliverable: Technical memorandum identifying issues and opportunities, assessment, and initiatives in text and graphical format. Part III - Additional Services 1.8 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the Client. These services may include additional meetings with FDOT or stakeholders in addition to the ones outlined in Part I, or presentation to METROPLAN Orlando committees and Board. 2.0 PROJECf 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 assigned to this project, and will have the responsibilities described: Walter M. Kulash G. Wade Walker Ian Lockwood Patty Hurd Blake Drury Raj Mohabeer Mike Cochran Kris Bristol Principal-In-ChargelPrincipaI5 Project Manager/Transportation Engineer 5 Transportation Engineer 6 Transportation Planner 2 Planner 3 Planner 3 Graphic Artist 3 Graphic Artist 1 4.0 COMPENSATION 4.1 Part I - The fee for Part I, Develop and Articulate Alternative Concept for SR 434 Character, shall be billed on an hourly basis using the hourly rates listed herein with an estimated budget offifty thousand dollars ($ 50,000.00) plus direct costs. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 4 of8 [C 4.2 Part II - The fee for Part II, Review and Refine Existing Circulation Concept Within Town Center, shall be billed on an hourly basis using the hourly rates listed herein with an estimated budget of seventeen thousand five hundred dollars ($ 17,500.00) plus direct costs. 4.3 Part III - The fee for Part III, Additional Services, shall be billed using the hourly rates and direct expenses detailed below or as agreed upon fixed fee. 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 1 $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 2 $95 Transportation Engineer 3 $110 Public Relations 1 $75 Transportation Engineer 2 $95 GIS Specialist 2 $95 Transportation Engineer 1 $75 GIS Specialist 1 $75 Transportation Planner 6 $200 Graphic Artist 3 $95 Transportation Planner 5 $165 Graphic Artist 2 $85 Transportation Planner 4 $130 Graphic Artist 1 $75 Transportation Planner 3 $110 Administrative Assistant $55 Transportation Planner 2 $95 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 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 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. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 5 of8 " [C 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. 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 fmd 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, G. Wade Walker, P.E. Senior Transportation Engineer AGREED TO AND ACCEPTED BY: Ronald W. McLemore Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. By ~wV\C>~~ l' y. ckso By: ffi,u.tl/l/1l1fr~ Its: Its: City Manager President Date: ~ - '). \- - 0 '-I Qh al/I/,V L, (ja/l/U[.l.lJL/:Z{ . Sharon K. Lamantia and by: Its: Executive Vice President Date: ~N \ en (7AJ04 PM Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 6018 [C SUPPLEMENTAL TERMS OF AGREEMENT Project Name: City of Winter Springs/SR 434 Alternative Character Study GJ Project Number: 18157.0 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 (IS) days from the date of execution by Glatting Jackson. This Letter of Agreement may be terminated by either party with fIfteen (IS) days written notice. In the event oftermination, 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 [mancial 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. 8. . Owtlcrship sfPrsperty I CSBstl'tletisB LieB IH ~e ev0ftt tflllt ~e Clieftt is Bet ~e ree5fd 5,mer mtft~ prgF~r1~/ ~Querf'Q by thii Ii. ~P:m~t 7 (1.1 ~tt;ng T !:1.....v(u\n nHI)' f"t"'\n~;r1pr tnp rl;pnt'co ~; fV1~tllrp !:Ie' pu;r1pn("p th!::tt Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 70f8 [C tfte Clieat ftliB tfte OWHer's fl8rmissi9R aRQ SBSS8Rt t9 8BW mt@ this .^.gr88lHest. It sflall Be the Clieat's r"'~poo"i1)iJjty t" inf"rrn nl ~tting h"l<""n "f ~ny ,,}'~ngp in m.mpr"hir "r "h~n~ in ~ny oth~r {'in~']mlttanc~ that may ~jfp"t nhtting T~"l<"on '" lIhility to pIli,,'" II ron"tnJ"tion T ipn on thp rrorprty ifp~YT11Pnt i" n"t reeeiv8Q a~~ordwg to thp tPrm" "f thi" A wppmpnt Thp rlipnt hprphy ~('J..-nQUTl!;'r1gelt mQ 3gr~l:S 1.l:1:At Glatting J~kSOR 'It lter'icelt ax~ p!:Qf",.."iooal ~t:'r6('p" th~t "h~l1 hI" perfotmpd in the pr~('tic~ of Gbttiag ,JaGkg9R 's p!:Qfe:i':i'ioll a:i' ~ pl~nnpr, p""l"gi"t, ~r"hitp"t, l~nrl""lIrp lIr"hitpf'f, pnginppr "r"thPrpr"f",,,,,i,,n~l in ~QnDectioll. UTi1l1 tp'" :;'F,"citk p~t:"!;'] or pa!:,::",l:;, ofwal pt:"pe~' ref~rrelj to in tlll:i' ^ ~~ aRll 1113t Glattll:ig JaeksEle Baall 138 ilHtitllilQ to 3 lieR YpQR :i"ICR !:~~l FfQFe~T fur 1.l:1e mo~y OUTing to Gla.ttiag J aGkseR fer SlieR il8n'i'i:~ F'Jr:i"Hltot to Sectioll. 711 m, 1<J"rid~ ~t~h,t",,, (l9S9 Qr it.. 'tll('('e:i':i'or), or gtaerl'Qgl:flYTSUllDtte la.w or ~ 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 Proj ect. 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. 11. 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 ~ County, Florida, for trial and determination by the court sitting without jury. The parties hereby consent to the jwisdiction 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 a jury trial. TB8 Cli8Bt agr81ilS to Fay all gf Glattiag JaGkg9R 'g r@agoR:wl", :.ttoraeY'lt feelt lmd ~glttlt iRcurrea in briRging lmj' gY~R gill! in th€ ev.mt that Glatting Jackson- flrlil' 'aik 14. Entire Agreement I 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 understandings, whether oral or written. This Agreement shall be governed by the laws of the State of Florida. ~rbJ Glatting Jackson Initials Client Initials Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 8 of8 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager February 24,2004 G. Wade Walker, P.E. Senior Transportation Planner Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. 33 East Pine Street Orlando, Florida 32801 Dear Wade: Please find attached executed copies of the agreement with the City of Winter Springs with the following amendments. Section 8, Page 7 under Ownership of Property/Construction Lien. This Section is stricken since it does not apply to governments. Section 13, Page 8 under Dispute Resolution. Orange County should be replaced by Seminole County. The last sentence is not acceptable to the City and is deleted. Additionally, the February 23,2004 e-mail from Walter Kulash is made part and parcel to this agreement. Finally, this agreement pertains only to the scope of services provided in Part I of the Scope of Services. Part II is to be the responsibility of J.D.C. Corporation. If you have any questions or comments, please contact me at your convenience. Sincerely, (!~:!:m:<!( City Manager ./jp Attachment U:\Docs\ Word\Town Center\WWalker Glatting Jackson Agreement.doc