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HomeMy WebLinkAboutR-2002-026 Kittelson Engineering Professional Services AgreementRESOLUTION NO. R 2002 - 26 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Kittelson Engineering for the purpose of evaluation of engineering design of roundabout construction at North Fifth Avenue and Fruitvale Boulevard. WHEREAS, the City of Yakima desires to engage Kittelson Engineering to perform engineering designs services on an independent contractor basis for the City of Yakima Roundabout project for North Fifth Avenue and Fruitvale Boulevard; and WHEREAS, Kittelson Engineering has the experience and expertise necessary to provide said services and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with Kittelson Engineering for engineering design services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated professional services agreement with Kittelson Engineering for engineering design services for the North Fifth Avenue and Fruitvale Boulevard Roundabout Project. ADOPTED BY THE C1'IY COUNCIL this 19th day of March, 2002. ATTEST: City Clerk (1k)res/engineering signal enhance christoperson mar 02.pm ace, Mayor PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Kittelson 86 Associates, Inc., a transportation planning and traffic engineering firm (hereinafter "Kittelson") . WHEREAS, the City requires third -party review of a design study for a proposed round about at the intersection of Fifth Avenue and Fruitvale Boulevard. WHEREAS, Kittelson represents that it has the expertise necessary to perform the services required by the City. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Kittelson as follows: 1. Scope of Services. Kittelson shall provide the City with the services as described in Exhibit "A", attached hereto. 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at the time of completion of all services/tasks required hereunder. 3. Consideration. The City agrees to compensate Kittelson for the services rendered hereunder as follows: COST ESTIMATE/LABOR REQUIREMENT It is estimated that the cost to complete the project will not exceed $5,000. The work will be done on a time -and -materials basis with an upset limit not to exceed $5,000 without prior authorization from the City. The billing rates for Kittelson & Associates, Inc. staff are as follows: Staff Billing Rate Senior Principal $175 Principal Engineer/ Planner $150 Associate Engineer/ Planner $120 Senior Engineer/ Planner $105 Engineer/ Planner $85 Transportation Analyst $70 Senior Technician $75 Technician $60 Office Support $50 Kittelson 86 Associates, Inc. standard traffic counting and reproduction service rates are as follows: Service Billing Rate Turn Count (2 hr) $75/person Turn Count (3 hr) $120/person Bi -Directional driveway count (5 -day) $450 (first driveway) $160 (add'l driveways) Parking/Driveway Count (2 hr) $75 Parking/Driveway Count (3 hr) $120 Misc. Traffic Count Services—Technician $35/hr MAR -14-2002 THU 10:47 AM PUBLIC WORKS FAX NO, 5095756238 03/14/02 THU 08;29 FAX 509 575 6160 YAKIMA LEGAL DEPT Misc. Traffic Count Services—Technician $35/hr Black & White Plot (standard) $8,50 Full Color Plot (standard) $20 Blueprints $O.15/ sq. ft. Kittelson shall submit an invoice to the City at the conclusion of each task, The total amount of compensation to be paid to Kittelson shall not exceed Five Thousand Dollars ($5,000.00), 4. Additional Services and Changes. During the term of this Agreement, the City may require additional services and/or changes to the scope of the services provided by Kittelson under this Agreement. The City shall provide Kittelson with written notice of such additional services and/or changes. If such changes affect the cost or time required for performance of this Agreement, an appropriate adjustment shall be made if requested by Kittelson at the time such notice is given; otherwise, Kittelson shall be deemed to have waived any request for additional compensation or extra time within which to perform this Agreement, S. Status of Kittelson. Kittelson and the City understand and expressly agree that Kittelson is an independent contractor in the performance of each and every part of this Agreement. Kittelson and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 6. Taxes and Assessments. Kittelson shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Kittelson shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, Kittelson shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. s. Compliance With Law. Kittelson agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise, 9. No Insurance. It is understood the City does not maintain liability insurance for Kittelson and/ or its employees. 10. Indemnification and Hold Harmless. Kittelson agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, P. 03 Q004 11. Delegation of Professional Services. The services provided for herein shall be performed by Kittelson, and no person other than regular associates or employees of Kittelson shall be engaged upon such work or services except upon written approval of the City. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Kittelson to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Kittelson stated herein. 13. Termination. The City or Kittelson may terminate this Agreement, with or without cause, by giving the other party ten (10) days' written notice of termination. 14. No Conflict of Interest. Kittelson represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Kittelson further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 15. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. Integration. This written document constitutes the entire agreement between the City and Kittelson. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: Public Works Director Department of Public Works 2301 Fruitvale Boulevard Yakima, WA 98902 TO KITTELSON: Julie A. Kuhn Project Manager Kittelson & Associates, Inc. 610 S.W. Alder, Suite 700 Portland, OR 97206 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. OFFICIAL SEAL 9 NOTARY PATRICIA K. THMAS ? COMMISSION IC-ORE1 GON 0 MY COMMISSION EXPIRES AUG, 7, 2004 ( 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: R. A. Zais, Jr., City Manager DATE: 3 -.D. - d :Z -- County of ) :SS. KITTELSON & ASSOC, IA r ES, INC. By: f h fart - Wayne I . Kittel n Principal DATE: 1 1/--5 Resolution No. R-2002-26 On this 5`4' day of�,- ; , 2002, before me the undersigned, a Notary Public in and for th� State of Washington, duly rco,mmissioned and sworn, personally appeared �, s h e ¥ i-�--�\soh , the r es\r ,(\--\- of Kittelson & Associates, Inc., a traffic engineering firm, and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed the said instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and of '_�;�eal hereto affixe i the day and year in this certificate above written. Printed nam v4 -s p (, Lk +�S NOTARY PUBLIC in and for the State of c� two r'3, residing at ----\-0a v-,4 � n 1Z 1 My commission expires: �- r,,s�s- i Jzooy EXHIBIT "A" SCOPE OF WORK A. Design Review Services • Obtain electronic AutoCAD files of the proposed roundabout and base mapping from the City of Yakima. • Review the size and number of lanes for the proposed roundabout using the SIDRA analysis prepared by WSDOT and provided by the City of Yakima. • Review the location of the proposed roundabout relative to right of way and existing constraints and the alignment of roundabout approaches and entries. • Conduct speed consistency checks per the procedures in the FHWA publication, Roundabouts: An Informational Guide. • Review design vehicle checks prepared by City of Yakima. • Assess the adequacy of the design to accommodate pedestrians, bicycles, motorcycles, and transit. • Identify potential complications, including but not limited to topography, adjacent traffic control devices, and existing geometric features. • Review proposed signing and pavement markings. • Make recommendations that may improve the design with respect to any of the above items. • Prepare up to three (3) sketches of possible alternate configurations incorporating the above recommendations. These sketches may be either adjustments to portions of the roundabout as currently proposed or entirely new configurations. These sketches will be prepared to scale, scanned, and inserted into the AutoCAD file for submittal to the City. B. Report of Findings • Prepare a memorandum that summarizes the results of the above tasks. C. Meetings • Participate in one conference call or meeting with City staff to discuss findings. Additional meetings will be on an as -needed basis as directed by the City, at additional cost. This scope does not include preparatory time (graphics and handouts) or attendance time for any public hearings or meetings. All client requests for additional presentations and meetings of this nature will be accommodated on a time -and -materials basis and will be considered out -of -scope work. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of March 19,2002 ITEM TITLE: Consideration of Resolution authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Professional Services Contract with Kittelson Engineering for the purpose of evaluation of the engineering design for Roundabout at North Fifth Avenue and Fruitvale Boulevard; SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Shelley Willson, Streets and Traffic Manager Joan Davenport, Supervising Traffic Engineer SUMMARY EXPLANATION: The City of Yakima received a safety grant from Washington State Department of Transportation to install a roundabout at the intersection of North Fifth Avenue and Fruitvale Boulevard. Construction is planned for 2002. As a condition of the grant application process, the City of Yakima developed a schematic plan for a two lane roundabout at this intersection. Modeling of the roundabout was conducted by WSDOT using the SIDRA Model, indicating the adequacy of the preliminary plan. However, prior to development of the right of way and actual construction plans, the City of Yakima proposes to have the design plans evaluated by a professional and independent Engineering company with expertise in roundabouts. The City of Yakima will contract the amount of $5,000. w of e roundabout design with Kittelson Engineering, for a maximum contract Resolution X Ordinance Contract X Other (Specify Funding Source: Streets and Traffic Division—'! .sional Ser�. APPROVAL FOR SUBMITTAL: ; .�� ft, anage s bud et STAFF RECOMMENDATION: Adopt the Resolution which authorizes execution of the contract. BOARD RECOMMENDATION: COUNCIL ACTION: