HomeMy WebLinkAboutGlatting Jackson Letter of Agreement Alternative Character Study -2004 01 15
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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