HomeMy WebLinkAboutTraffic Impact Study Keller-Owner Engineer Agreement_Rexburg 7th North TIS_REV 2019-04-11
KA Project Number___________________ AGREEMENT v2018.11.18 Page 1 of 3
AGREEMENT FOR PROFESSIONAL SERVICES
This is an Agreement effective as of ________________________________ (“Effective Date”) between
________ ("Owner") and Keller Associates, Inc. (“Consultant”).
Owner's Project, of which Consultant's services under this Agreement are a part, is generally identified as follows:
Rexburg 7th North Traffic Impact Study (“Project").
The Owner and the Consultant agree to the following Project scope, schedule, and compensation:
SCOPE: Consultant’s services under this Agreement are generally identified as follows:
Refer to Attachment A .
SCHEDULE: The Agreement shall commence on the above written date. Consultant anticipates to complete its
services:
Refer to Attachment A .
COMPENSATION:
Basic Services. As compensation for services to be performed by Consultant, the Owner will pay Consultant a lump
sum amount of $ 19,735.00 ( nineteen thousand, seven hundred thirty-five dollars) as described in
Attachment A .
Additional Services. Compensation for performing Additional Services will be pursuant to a mutually agreed
upon amendment to this Agreement.
In Witness Whereof, the parties hereto have executed this Agreement as of the date first above written. Owner
further acknowledges that it has reviewed and accepted the attached Standard Terms and Conditions.
OWNER: CONSULTANT: Keller Associates, Inc.
Signature:
Signature:
Name: Name:
Title: Title:
Address: Address:
Date: Date:
KA Project Number___________________ AGREEMENT v2018.11.18 Page 2 of 3
STANDARD TERMS AND CONDITIONS
1.CONTRACT – This document constitutes the full and complete Agreement between the parties and supersedes all prior
negotiations, representations or agreements, whether written or oral. The Agreement may be amended only if both
parties specifically agree in writing to such amendment of the Agreement.
2.INVOICES AND PAYMENT – Owner will make payment within 15 calendar days of the invoice date. Consultant shall keep
accurate records of expenses. If Owner contests an invoice, Owner shall advise the Consultant within 15 days of receipt of
invoice of the specific basis for doing so, may withhold only that portion so contested, and shall pay the undisputed
portion.
Interest. If payment is not received by the Consultant within 30 calendar days of the invoice date, Owner shall pay
interest at a rate of 1½% per month (or the maximum allowable by law, whichever is lower) of the past due amount.
Payments will be credited first to interest and then to principal.
Suspension. If the Owner fails to make payments when due, the Consultant may suspend performance of services upon
five (5) calendar days’ notice to the Owner. Owner agrees to indemnify and hold Consultant harmless from any claim or
liability resulting from such suspension.
3.DOCUMENTS – All documents prepared or furnished by Consultant are instruments of service. Owner shall have a limited
license to use the documents in and for the Project subject to full payment for all services relating to preparation of the
documents. The Owner agrees to obtain prior written agreement for any reuse or modifications of the instruments of
service, and understands that any unauthorized use of the instruments of service shall be at the Owner’s sole risk and
without liability to the Consultant.
4.STANDARD OF CARE – The standard of care for all professional engineering and related services performed or furnished
by the Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time and in the same locality. The Consultant makes no warranties,
expressed or implied, under this Agreement or otherwise, in connection with the Consultant’s services. Consultant
shall exercise usual and customary professional care in its efforts to comply with applicable codes, regulations, laws,
rules, ordinances, and such other requirements in effect as of the date of execution of this Agreement.
5.CHANGES OR DELAYS – The proposed scope of services, compensation, schedule, and allocation of risks reflect
Consultant’s understanding of the Project at the date of this Agreement. Costs and schedule commitments shall be
subject to renegotiation for changed conditions, unreasonable delays caused by the Owner’s failure, independent
government agencies, acts of God, or causes beyond the reasonable control of Consultant. Where this occurs, changes in
the Agreement shall be negotiated and an equitable adjustment shall be made.
6.TERMINATION – The Owner and Consultant may terminate this Agreement in whole or in part at any time by giving 30
days written notice thereof. The Owner shall promptly pay Consultant for all services rendered to the effective date of
suspension of services, plus suspension charges, which shall include the cost of assembling documents, personnel and
equipment, rescheduling or reassignment, and commitments made to others on the Owner’s behalf.
7.SUSPENSION OF SERVICES – If the Owner suspends services of the Consultant for any reason for more than thirty days,
the Consultant shall be reimbursed for expenses incurred due to suspension of services, including costs associated with
rescheduling or reassigning personnel, and commitments made to others on Owner’s behalf.
8.INDEMNITY AND LIMITATION OF LIABILITY – Owner and Consultant each agree to indemnify and hold the other
(including their respective officers, directors, employees, agents, owners, shareholders, members, partners, sub-
consultants, subcontractors, and representatives) harmless from and against liability for all claims, losses, damages and
expenses, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party’s negligent acts,
errors or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of
Owner and Consultant, they shall be borne by each party in proportion to its negligence. Neither the Owner nor
Consultant shall be liable for incidental, indirect or consequential damages. The Consultant’s liability to the Owner and to
all construction contractors and subcontractors on the Project, due to the Consultant’s negligent acts, errors omissions, or
breach of contractual obligations relating to or arising out of the Project shall not exceed twice the Consultant’s total fee.
KA Project Number___________________ AGREEMENT v2018.11.18 Page 3 of 3
9. OPINIONS OF COST – Consultant’s opinions of probable cost represent Consultant’s judgment as an experienced and
qualified design professional. Since Consultant has no control over the cost of labor, materials, equipment, or services
furnished by others, or over the Owner’s and other contractor’s methods of determining prices, or over competitive
bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction
cost will not vary from opinions of probable cost prepared by the Consultant.
10. CONSTRUCTION PHASE SERVICES – If Consultant performs any services during the construction phase of the Project,
Consultant shall not supervise, direct, or have control over Contractor’s work. Consultant shall not have authority over or
responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and
programs in connection with the work of the Contractor. Consultant does not guarantee the performance of the
construction contract by the Contractor and does not assume responsibility for the Contractor’s failure to furnish and
perform its work in accordance with the Contract Documents.
11. MISCELLANEOUS
Right of Entry: Unless otherwise noted in the scope of work, the Owner shall provide for Consultant’s right to enter the
property owned by the Owner and others in order to fulfill the services to be performed hereunder.
Dispute Resolution: Owner or its Contractor agree to notify Consultant of any claims against the Consultant within 10
days of discovery of any allegations, errors or omissions. Should a dispute arise, Owner and Consultant agree to negotiate
disputes between them in good faith for a period of 30 calendar days from the date the dispute is raised in writing by
either the Owner or Consultant. If the parties fail to resolve the dispute through negotiation, then the dispute shall be
decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. Fees and
expenses for mediation shall be split equally between the parties. The Owner and Consultant agree non-binding
mediation or other mutually acceptable dispute resolution technique shall precede litigation. This Agreement shall be
governed by the laws of the State where the Project is located.
Hazardous Environmental Conditions: The scope of Consultant’s services does not include any responsibility for
detection, remediation, accidental release, or services relating to waste, oil, asbestos, lead or other hazardous materials,
as defined by Federal, State, and local laws or regulations. Consultant is not required to be become an arranger, operator,
generator, or transporter of hazardous substances, and shall have no responsibility for the discovery, handling, removal,
disposal or exposure of persons to hazardous substances of any form.
Consultant Reliance: Consultant shall be entitled to rely, without liability or the need for independent verification, on the
accuracy and completeness of any and all information provided by Owner, Owner’s consultants and contractors,
information from public records, and information ordinarily or customarily furnished by others, including, but not limited
to specialty contractors, manufacturers, suppliers, and publishers of technical standards.
Certifications: Consultant shall not be required to sign any documents that result in Consultant having to certify, warrant,
or guarantee the existence of conditions whose existence Consultant cannot ascertain within its services for the Project.
Third Parties: Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in
favor of, a third party against either the Owner or Consultant. Consultant’s services hereunder are being performed solely
for the benefit of the Owner, and no other entity shall have any claim against Consultant because of this Agreement or
Consultant’s performance of services hereunder.
Severability & Waiver: In the event any of these Contract Provisions are found to be illegal or otherwise unenforceable,
the unenforceable Contract Provisions will be stricken, and those remaining Contract Provisions shall continue in full force
and effect. The failure of either party of this Agreement to insist, in any one or more instances, upon the performance of
any of the terms, covenants or conditions of this Agreement, shall not be construed as a waiver of such term, covenant or
right.
Joint Drafting: The Parties expressly agree that this Agreement was jointly drafted, and that they both had opportunity to
negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this
Agreement shall be construed neither against nor in favor of either Party, but shall be construed in a neutral manner.
GROWING POSSIBILITIES
3153 McNeil Drive
Idaho Falls, ID 83402
(208) 542-6120
219011
April 9, 2019
Justin V. Beard, P.E.
Assistant Public Works Director
City of Rexburg
P.O. Box 280
Rexburg, ID 83440
Re: Proposal to Perform Professional Engineering Services;
Rexburg 7th North Traffic Impact Study
Dear Mr. Beard,
Thank you for asking Keller Associates to submit a proposal to prepare a Traffic Impact Study (TIS) for
the 7th North area of Rexburg. This 7th North TIS will replace the Centennial Townhomes TIS, for which
we are currently under contract with Connect Engineering and is approximately 20% complete.
Following are our assumptions, schedule, and estimated fee to complete the TIS.
Scope of Work and Assumptions:
The proposed developments to include in the study as follows and indicated on the above map:
❶ Rexburg Centennial Townhomes (current TIS contract to be replaced), 103 units
❷ Development of the remaining property around the church
❸ The 10-acre development on the south side of road
❹ The L-shaped 3½-acre parcel at the end of Lorene Street (zoned community business
center)
❽
❶
❷
❼
❸
❹
❺ ❻
ATTACHMENT A
Rexburg 7th North TIS
April 9, 2019
Page 2 of 3
❺ The 21-acre Dorion Development parcel behind old Walmart/Albertsons (zoned MDR1;
up to 16 dwelling units per acre)
❻ The remaining divisions of Stonebridge (additional 70 single family homes, 29 of these
are already platted lots and could start building this year – the rest could be several
years out.)
❼ Covey Cove (just east of the water tank, eight 4-plexes; anticipated that construction will
begin this year)
❽ Expansion of Basic American Foods to the west across the railroad tracks on 7th North
(estimated additional 100 trucks per day and 40 additional employees; construction is in
process)
Study area to include three intersections:
o East 7th North & SH-33 (N 2nd East)
o East 7th North & Stonebridge Street
o SH-33 (N 2nd East) & Lorene Street
Analysis periods to include weekday AM and PM peak hours; Keller Associates will perform new
turning movement counts at the three study area intersections.
Average daily traffic volumes will not be analyzed
Five analysis scenarios:
o Existing conditions (2019)
o Completion year (2021) – No Build
o Completion year (2021) – Build
o Completion year + five years after opening (2026) – No Build
o Completion year + five years after opening (2026) – Build
Use of City of Rexburg’s TransCAD travel demand model output for future traffic projections
along area roads
Analysis of the five-year crash history
Analysis of turn-lane warrants and access spacing
Traffic signal warrant analyses will not be performed; ITD District 6 has stated that they would
allow a traffic signal at the SH-33 & 7th North intersection if it were interconnected with the
existing traffic signal at SH-33 & Yellowstone Highway
Technical memorandum report format
One meeting with City staff to review the draft report, with concurrent review by ITD
The City of Rexburg is the approving agency; separate review or meetings with ITD will not be
required
One revision to draft report, based on all comments received
No public meetings
No design drawings
Data to be provided by the City of Rexburg:
Development details and estimated completion year (or percentage complete by 2026) for the
eight developments
ATTACHMENT A
Rexburg 7th North TIS
April 9, 2019
Page 3 of 3
Schedule:
Submittal of a draft report for review five weeks following Notice to Proceed
Submittal of final report two weeks following receipt of all draft report comments
Engineering Fee:
Total = $19,735.00
This amount includes the approximately 20% completed (but un-invoiced) work from the
Centennial Townhomes TIS
Upon execution of this 7th North TIS contract, our contract with Connect Engineering for the
Centennial Townhomes TIS will be cancelled.
Thank you for your consideration. Please feel free to contact me with any questions.
Sincerely,
KELLER ASSOCIATES, INC.
Stephen J. Lewis, P.E., PTOE
Senior Transportation Engineer / Project Manager
ATTACHMENT A