HomeMy WebLinkAboutSP202100012 Study - Turn Lane Analysis Contract 2021-05-13TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
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Dear Dr Carr:
1001 Boulders Parkway
Suite 300
Richmond, VA 23225
LETTER OF AGREEMENT
March 11, 2021
Education Transformation Centre
Dr. Dolores Carr
434-882-0477
DCarr@ETCNow.org
2001 Earlysville Road Turn Lane Warrant Analysis (TLWA)
Thomas Ruff, 804-200-6430, Thomas.Ruff@Timmons.com
W. Scott Dunn, 804-200-6955, Scott.Dunn@Timmons.com
P 804.200.6500
F 804.560.1016
www.timmons.com
Timmons Group is pleased to offer this proposal for completion of a turn lane warrant analysis (TLWA) in
support of the Special Use Permit (SUP) to allow educational activity at the existing church complex located
at 2001 Earlysville Road in Albemarle County, Virginia (the "Project"). We look forward to working with you
to achieve your vision for this project.
Thank you for allowing Timmons Group to provide professional services on this project. We will provide the
requested services, complying with established standards, while being mindful of costs to the Client (the
"Client') named above according to the terms and conditions of this Letter of Agreement (the "Agreement').
Prior to submittal to a public agency, all documents will be sent to the Client, if requested, to ensure a complete
understanding by all parties.
We will proceed upon receipt of this signed Agreement. Please note that fees quoted are valid for sixty (60)
days from the date first written above.
SCOPE AND SCHEDULE OF SERVICES:
Timmons Group will provide the services as detailed on the Scope of Services attached as Exhibit A (the
"Scope of Services").
We will provide services in a timely and efficient manner and will keep you informed of the job status and any
necessary changes. We estimate that the project will be completed within 3 weeks of our receipt of written
Notice to Proceed. Any changes required to the Scope of Services must be approved in writing before such
changes take effect. As of the date first written above, any changes in the Scope of Services caused by
governing codes or Client revisions may require a schedule and/or fee change.
The work will be prepared based on the procedures outlined in the Manual on Uniform Traffic Code Devices
(MUTCD), VDOT TOSAM, the VDOT Road Design Manual, and guidance provided by VDOT.
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1001 Boulders Parkway P 804.200.6500
TIMMONS GROUP Suite300 F804.560.1016
YOUR VISION ACHIEVED THROUGH OURS. Richmond, VA 23225 www.tirnmons.com
LETTER OF AGREEMENT
PAYMENT SCHEDULE: Client agrees to pay Timmons Group for its Services as selected and set forth below:
[_XI FIXED FEE
Fees for this Agreement will be billed on a monthly basis as a fixed fee per the Scope
of Services in Exhibit A.
Unless otherwise provided under the terms of this Agreement, all payments are due upon receipt. Interest
will accrue at the rate of twelve percent (12%) per annum on all unpaid invoices older than thirty (30) days.
We reserve the right to stop work on any Client account that becomes sixty (60) days past due and to notify
local officials that professional seals should be removed from plans associated with the Client.
EXHIBITS: The following Exhibits are attached hereto and expressly made part of this Agreement.
[X] EXHIBIT A SCOPE OF SERVICES
[X] EXHIBIT B TERMS AND CONDITIONS
This Agreement will be controlled by the provisions listed above and the Terms and Conditions in
the attached Exhibit B. If there is any conflict between the provisions of this Letter of Agreement
and the Terms and Conditions, the Terms and Conditions will control.
We will proceed upon receipt of this signed agreement. Should you have any questions, you can reach
Thomas Ruff directly at 804-200-6430 or via email at Thomas. Ruff(cDtimmons.com.
031u/2021
Timmons Group
Date
ACKNOWLEDGED AND ACCEPTED:
On behalf of the Client, this Agreement, including Exhibit A [Scope of Services] and Exhibit B [Terms and
Conditions], is accepted and agreed to as of the date written below.
By. �be92?2
Name: Dolores Carr
Title: Executive Director
Date: March 12, 2021
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TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
1001 Boulders Parkway
Suite 300
Richmond, VA 23225
EXHIBIT A
SCOPE OF SERVICES
P 804.200.6500
F 804.560.1016
www.timmons.com
Under this Agreement, Timmons Group will provide professional services relative to the project located at
2001 Earlysville Road in Albemarle County, Virginia.
Scope:
Task 1: Turn Lane Warrant Analysis..............................................................................................$2,500
• Per discussion with VDOT, Timmons Group will utilize the available existing 2019 count data along
Earlysville Road to determine the peak hour volumes in the vicinity of the site entrance.
o Collection of new traffic data will not be required.
• Calculate the trip generation of the proposed land use for daily trips, as well as the AM and PM
peak hours, and distribute the new site trips onto the roadway network based on existing volumes
and traffic patterns.
o The client has provided information that the site is expected to host approximately 30
students and operate from 8:00 AM to 3:30 PM. In addition, most traffic is planned to arrive
in the NB direction of Earlysville Road based on student locations.
o TG will further coordinate with the client to finalize the expected number of students,
teachers, and parents during the AM and PM peak hours, as well as trip distribution.
• Prepare a turn lane warrant analysis for the northbound right and souhbound left turn movements
at the one (1) existing site entrance to 2001 Earlysville Road, using the appropriate nomographs
from Appendix F of the VDOT Road Design Manual.
• Perform a capacity and queuing analysis for the intersection to determine operational needs for
auxiliary turn lanes and recommended geometric sizing of any warranted turn lanes.
• Prepare a technical memorandum summarizing the study assumptions, analyses, findings, and
recommendations.
• Respond to any comments provided by the Client and/or reviewing agencies in a timely manner.
• All coordination is assumed to be via email or phone/video conference; no in -person meetings are
assumed with any party.
TOTAL.......................................................................................................................................... $2, 500
Additional Services:
Timmons Group will not perform the following services under this Agreement except at the request of the
Client and for an additional fee. A fee for such Additional Services can be provided upon request and are as
follows:
1. Project Meetings with VDOT/County Staff
a. Beyond the general coordination and comment response assumed in the scope above.
2. Public Meeting Attendance
CIVIL ENGINEERING I ENVIRONMENTAL I SURVEYING I GIs I LANDSCAPE ARCHITECTURE I CONSTRUCTION SERVICES
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TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
1001 Boulders Parkway
Suite 300
Richmond, VA 23225
EXHIBIT B
TERMS AND CONDITIONS
P 804.200.6500
F 804.560.1016
www.timmons.com
1. SCOPE OF SERVICES: The Scope of Services performed under this Agreement will be as
described in Exhibit A of the Letter of Agreement.
2. STANDARD OF CARE AND CODE COMPLIANCE: Timmons Group will provide its services
under this Agreement consistent with the professional skill and care ordinarily provided by members
of the same profession practicing in the same or similar locality under the same or similar
circumstances. Timmons Group will exercise usual and customary professional care in its efforts
to comply with all applicable codes, laws, regulations and the policies of regulatory agencies in
effect as of the date of the Agreement (collectively, "legal requirements"). Design changes made
necessary by newly enacted legal requirements after the date of this Agreement will be an
additional service subject to an executed Change Order, and Timmons Group will be entitled to
appropriate additional compensation. Timmons Group will not be liable for any damages arising
from conflicting interpretations of any legal requirements by different officials. In the event of a
conflict between legal requirements applicable to the Project, Timmons Group will notify the Client
of the nature and impact of such conflict, and the Client agrees to cooperate and work with Timmons
Group in an effort to resolve the conflict.
3. INSTRUMENTS OF SERVICE: All documents, including, but not limited to, drawings,
specifications, plans, reports and other forms of electronic data prepared and furnished by
Timmons Group, are Instruments of Service pursuant to this Agreement and remain the property
of Timmons Group. Client may retain one such copy of all such documents, for record purposes,
which documents may only be used for the Project. Any adaptation by Client of said documents,
whether intentional or inadvertent, without Timmons Group's verification will be at Client's sole risk
and without liability or legal exposure to Timmons Group or Timmons Group's employees. Client
agrees to assume all risks associated therewith and to hold Timmons Group harmless and
indemnify it from and against any claims, liabilities, damages, losses and costs, including but not
limited to attorney's fees, arising therefrom or in connection therewith.
4. THIRD PARTY RIGHTS: This Agreement will not create any rights or benefits to parties other than
the Client and Timmons Group.
5. PROJECT SITE SAFETY: Timmons Group's Project site responsibilities are limited solely to the
activities of Timmons Group and Timmons Group's employees on the Project site. The Client and
Timmons Group agree that Project site safety is the sole and exclusive responsibility of the Project's
owners or contractor(s). The parties likewise agree that the Project contractor(s) is solely responsible
for Project means, methods, techniques, sequences of operation and procedures, and that Timmons
Group will have no obligations relating to these contractor(s) duties.
6. LIMITATION OF LIABILITY: Notwithstanding any other provision of this Agreement, the maximum
liability, in the aggregate, to the Client and anyone claiming by or through the Client, of Timmons
Group and its officers, directors, shareholders, partners, employees, agents and subconsultants,
or any of them, for any and all claims, losses, or damages, including attorney's fees, in any way
related to or arising from the Project or this Agreement, will not exceed Timmons Group's total fee
under this Agreement.
CIVIL ENGINEERING I ENVIRONMENTAL I SURVEYING I GIs I LANDSCAPE ARCHITECTURE I CONSTRUCTION SERVICES
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TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS.
1001 Boulders Parkway
Suite 300
Richmond, VA 23225
EXHIBIT B
TERMS AND CONDITIONS
P 804.200.6500
F 804.560.1016
www.timmons.com
7. DISPUTE RESOLUTION: In the event of any action or proceeding brought by either party against
the other under this Agreement, other than default on payment, the prevailing party shall be entitled
to recover all costs and expenses, including its court reporter fees, expert witness fees, and
reasonable attorney's fees. If Timmons Group initiates legal proceedings to collect payment, it may
recover, in addition to all amounts due, its reasonable attorneys' fees and other expenses related
to the proceedings. Such expense shall include the cost, at the Timmons Group normal hourly
billing rates, of the time devoted to such proceedings by its employees. The parties agree to
litigation in a court of competent jurisdiction or in the jurisdiction where the Project is located.
8. MISCELLANEOUS: This Agreement constitutes the entire agreement of the Parties. All prior
agreements, whether written or oral, are merged herein and will be of no force or effect. This
Agreement cannot be changed, modified or discharged orally, but only in an agreement in writing. It
any term, condition, or provision of this Agreement is found unenforceable by a court of law or
equity, this Agreement will be construed as though that term, condition, or provision did not exist,
and its unenforceability will have no effect whatsoever on the rest of this Agreement. This
represents drafting by both parties and in the event of ambiguities, the principle of interpretation
against the drafter will not apply. This Agreement may not be assigned without the prior written
consent of the Client and Timmons Group, such consent not to be unreasonably withheld.
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