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Arbor Manors-CN061013~l~~ ~~~~~~ -~a ~ Kimley-Horn ®~ ___ and Associates, Inc. October 13, 2006 Mr. Kenneth M. Griffin, P.E. Director of Engineering & Public Works 255 Parkway Boulevard P.O. Box 9478 Coppell, TX 75019 Re: Traffic Engineering Services for: The Ellington Development Traffic Impact Analysis Denton Tap Road & Town Center Drive Pedestrian Safety Evaluation Coppell, Texas Dear Mr. Griffin: Kimley-Horn and Associates, Inc. (KHA) is pleased to submit this Letter Agreement to the City of Coppell (City or Client) to provide the following professional services: • Evaluate the traffic impacts of the proposed Ellington Development located on the southwest corner of Denton Tap Road and Sandy Lake Road in the City of Coppell, Texas. • Identify pedestrian safety improvements for the intersection of Denton Tap Road and Town Center Drive. Our project understanding, scope of services, schedule, and fee are below. Project Understanding The scope of services detailed below will provide the Client a traffic impact study for the Ellington Development and a technical memorandum identifying potential pedestrian safety improvements at the intersection of Denton Tap Road and Town Center Drive. Scope of Services If services beyond those defined in this scope are to be required, KHA will confer with the Client to receive further authorization before such additional services are performed. ^ Suite 1025 801 Cherry Street. Unit 11 Fort Worth, Texas 76102 ^ TEL 817 335 E511 FAX 817 335 5070 ©~ ~ Klmley-Horn Mr. Kenneth M. Griffin, P F.., October 13, 2006, Page 2 ~ and Associates, Inc. Task 1 -Traffic Impact Analysis Lump Sum Task 1.1 -Data Collection The area needing study includes the existing and proposed thoroughfare facilities within and adjacent to the proposed Ellington Development: Denton Tap Road and Sandy Lake Road. KHA will collect the following data: A. Turning Movement Counts. Turning movement count data will be collected and reduced by KHA for the AM and PM peak periods at the intersections listed below. These traffic volumes will be used to evaluate the existing and future operations of site access drives and streets impacted by the development. Denton Tap Road & Sandy Lake Road; and Sandy Lake Road & Albertson's access drive (existing median opening just west of Denton Tap Road). B. Recording Machine Count. A 24-hour directional recording machine count will be collected and reduced by KHA during anon-holiday Tuesday, Wednesday, or Thursday along Sandy Lake Road immediately adjacent to the Ellington Development. C. Initial Field Observation. Prior to our evaluation, KHA will conduct field observations within the study area during the AM and PM peak periods. D. Verify Roadway Geometries. For each study area roadway and intersection, KHA will visually verify the following elements during Task 1.1 B: Number of lanes on each approach and the required or permitted usage of each lane; Current traffic control devices and operations; and Approximate street widths and crosswalk lengths F.. Proposed Development Information. The Client will provide KHA current information for build-out of the development (i.e., number and type of land uses proposed, number of residential units, site plan layouts, and proposed points of ingress/egress). Any modification to the site plan after it is delivered to KHA that requires an update to the analysis will be considered additional services. - ^ Kimley-Horn Mr. Kenneth M. Griffin, P.E., October 13, 2006, Page 3 ~ and Associates, Inc. Task 1.2 -Trip Generation Distribution, and AssiQr-ment A. Trip Generation. Analysis will be conducted for build-out of the development. Trip generation estimates for this development will be prepared based on the trip generation rates found in the ITE Trip Generation Manual, 7th Edition. B. Site Traffic Distribution and Assignment. Site traffic distribution and assignment will be established based upon existing and future area demographics, existing and future area roadway systems, and the traffic counts collected during Task 1.1. C. Backgrround Traffic. The traffic counts collected in Task 1.1 will then be adjusted to reflect the amount of non-site traffic that can be expected to exist on the area roadway system for build-out of the development. D. Total Traffic Assignment. KHA will provide a total traffic assignment that includes site and non-site generated traffic volumes for the AM and PM peak hours for build-out of the development. Task 1.3 -Capacity Analysis A. Intersection Capacity Analysis. Intersection capacity analysis for the AM and PM peak periods will be performed for existing conditions and build-out of the development. The following intersections have been identified for analysis: Denton Tap Road & Sandy Lake Road; Sandy Lake Road & Ellington Access Drive / Albertson's Access Drive; and Denton Tap Road & Ellington Access Drive / Braewood Drive. Task 1.4 -Document Study Results A draft report that documents the study methodology, traffic volumes, analysis results, and recommendations for ingress/egress improvements and mitigation improvements (if necessary) will be delivered to the Client for review and comments. KHA will prepare an electronic copy of the draft report for the Client. KHA will meet with the Client to receive concurrence regarding recommended improvements, if any, which would seem to be required to support the development. KHA will then incorporate review comments and submit five (5) copies of the final report to the Client. ~~ KlmleyHorn Mr. Kenneth M. Griffin, P.E., October 13, 2006, Page 4 ~ and Associates, Inc. Task 1.5 -Meetings KHA will prepare for and attend up to two (2) meetings with the Client to discuss and review the study results. Task 2 - Denton Tap Road & Town Center Drive Hourly Pedestrian Safety Study Task 2.1 -Data Collection The area needing study includes the intersection of Denton Tap Road & Town Center Drive. KHA will collect the following data: A. Existin~gnal Timing. The Client will provide KHA with the existing signal timing for the subject intersection. B. Initial Field Observation. Prior to our evaluation, KHA will conduct field observations within the study area during the AM and PM peak periods of the adjacent school. C. Verify Roadway Geometries. For the study intersection, KHA will visually verify the following elements during Task 2.1B. Number of lanes on each approach and the required or permitted usage of each lane; Current traffic control devices and operations; and Approximate street widths and crosswalk lengths. Task 2.2 -Pedestrian Safety Improvements KHA will utilize the data collected during Task 2.1 to develop potential intersection improvements to improve pedestrian safety. Based on discussions with the Client, several possible improvements have been identified. These possible improvements include: • Adjusting the pedestrian walk and don't walk times based on the geometry of the intersection; • Installation of advanced warning signs alerting drivers to the presence of pedestrians at the intersections; • New countdown pedestrian signals and push button signs; and • Installation of school zones. KHA will study these proposed improvements and identify other potential improvements that improve the pedestrian safety at this intersection. _ ~ Kimley•Hom h1r Kenneth M. Grit~fin, P.E., October 13, 2006, Page 5 ~ and Associates, Inc. Task 2.3 -Document Studv Results A draft technical memorandum that documents the study methodology and recommended safety improvements will be delivered to the Client for review and comments. KHA will prepare an electronic copy of the draft report for the Client. KHA will meet with the Client to receive concurrence regarding recommended improvements. KHA will then incorporate review comments and submit five (5) copies of the final memorandum to the Client. Task 2.4 -Meetings KHA will prepare for and attend one (1) meeting with the Client to discuss and review the recommended improvements. Additional Services KHA's preparation for and attendance at any additional meetings per Client direction, as well as any additional analyses, will be considered Additional Services. Compensation for additional services will be agreed to prior to their performance. Information Provided By Client The proposed site plan, build-out year, and existing signal timing shall be provided by the Client. KHA shall be entitled to rely on the completeness and accuracy of all information provided by the Client. Schedule Task 1 will be completed within one (1) week following receipt of a signed copy of this Letter Agreement, exclusive of Client review time. Task 2 will be completed within two (2) weeks following receipt of a signed copy of this Letter Agreement. Additional services, if desired, will be performed in a timely manner upon authorization by the Client. Fee and Billing KHA will perform the Scope of Services in Task 1 for a lump sum fee of $6,000. All permitting, application, and similar project fees will be paid directly by the Client. KHA will provide the Scope of Services in Task 2 on a labor fee plus expense basis. Labor fee will be billed according to the attached rate schedule, which is subject to annual adjustment. KHA estimates that the Client will need to budget $5,000 for the Task 2 services. KHA's estimate of the amount that will become payable associated with Task 2 is only an estimate for planning purposes, and is not binding on the _ ~ Kimley-Horn Nir. Kenneth M. Griffin, P.E., October 13, 2006, Page 6 ~ antl Associates, Inc. parties, and is not the minimum or maximum amount payable to KHA. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. An amount will be added to each invoice to cover certain other expenses as to these tasks such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. All permitting, application, and similar project fees will be paid directly by the Client. Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services performed or actual services performed and expenses incurred as of the invoice date. Payment will be due within 25 days of your receipt of the invoice. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to the City of Coppell, Texas. [The remainder of this page intentionally left 61ankJ ~-~~ Kimley-Horn N1 r. Kenneth M. Griffin, P.G., October 13, 2006, Page 7 ~ and Associates, Inc. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. C. Brian Shamburger, P.F,. Project Manager C~ ~/~Gl Cole Webb, P.E. Assistant Secretary Attachments: Standard Provisions and KHA Standard Hourly Rate Schedule P \000008 024~Coppell'~Tralfic Services\Coppell Trafric Services Moposal doe Agreed to this ~~day of ~~ O~ e.C , 2006. City of Coppell, Texas A Municipality By: ,~ i ~-- (Print or Type Name) Title: lv 1~~, ~~G ~e j^' (As A~rized by Law) (Email Address) Witness (Print or Type Name) ~ ~~ Kimley-Horn ~ antl Associates, Inc. Kimley-Horn and Associates, Inc. Company Wide Rates (Hourly Rate) Senior Professional II $155 - $190 Senior Professional $125 - $165 Professional $65 - $110 Designer $100 - $115 Technical Support $55 - $95 Clerical/Administrative Support $55 - $75 Effective January I, 2006 P^~OOOOOA.024\Ratc Schell's006',F~I'W06 Master.doc IQMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ("Additional Services"), and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's then-current hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, GIS, and graphics, etc., will be billed at $25.00 per hour. (2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction. (c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request in furtherance of the project development. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the Consultant's services or any defector noncompliance in any aspect of the project. (i) Bear all costs incident to the responsibilities of the Client. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated. (4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all transaction taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder, including but not limited to sales tax. The Consultant shall be compensated in U.S. dollars. Interest will be added to accounts not paid within 25 days at the rate of 12% per annum beginning on the 25`~ day. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services under this Agreement until all amounts due are paid in full. (b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. (c) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents, including but not limited to drawings, specifications and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any rep o~-os modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without the Consultant's authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. If any material change occurs in the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed. (8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. (9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or onussions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section 10 is intended solely to limit the remedies available to the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant. (11) Certifications. The Consultant shall not be required to execute any certifications or other documents that might, in the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its insurance. (12) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. rev 07105 2 (13) Hazardous Substances and Conditions. (a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope, fee, and terms for such services. (c) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services of the Consultant. (14) Construction Phase Services. (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (15) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (16) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (17) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. .~.: mini