HomeMy WebLinkAboutR-2008-118 Kittelson Engineering, Barge-Chestnut Neighborhood Area Traffic Calming Study, Phase OneRESOLUTION NO. R 2008-118
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 preparing the Barge -Chestnut Neighborhood Area Traffic Calming Study, Phase
One
WHEREAS, the City of Yakima desires to engage Kittelson Engineering to perform engineering
design services on an independent contractor basis for the City of Yakima to prepare a study for Phase
One of traffic calming devices in the Barge -Chestnut Neighborhood Area; 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
Barge -Chestnut Neighborhood Area Traffic Calming Project, Phase One.
ADOPTED BY THE CITY COUNCIL this 15th day of July, 2008.
ATTEST:
Dave Edler, Mayor
2 i(r
BC{VA Traffic Calming Plan Project #: 8952
June 27, 2008 Page: 1 of 1
AUTHORIZATION FOR
PROFESSIONAL SERVICES
July 16, 2008
Kittelson & Associates, Inc.
610 SW Alder Street, Suite 700
Portland, Oregon 97205
City of Yakima, with an office at 2301 Fruitvale Boulevard in Yakima, WA 98902 hereby
requests and authorizes Kittelson & Associates, Inc. to perform the services as described in Part
"A" - Scope of Work to this authorization and subject to all of the provisions described in Part
"B" Provisions including the compensation as described in Part B — Sections 12 and 15.
Part A - Scope of Work
Phase 1 - Traffic Calming Assessment and Conceptual Design
Task la - Petition and Base Data Review ($10,000)
This review is intended to provide the City of Yakima and the BCNA with an analysis of an appropriate
first phase of traffic calming for the neighborhood area. The intent of the City of Yakima is to implement the
neighborhood -wide proposal in several construction phases, as deemed appropriate. Traffic circles are the
preferred first phase device.
• Meet with BCNA representatives to discuss current traffic issues and the overall
intent of the proposed traffic -calming petition. The City of Yakima approach for
this project is to identify implementation phases for the neighborhood -wide
petition.
• Visit the neighborhood study area and observe the existing traffic conditions and
locations for any previously identified traffic calming devices.
• Review the appropriateness of the proposed traffic calming devices in relation to
the following:
o Existing/future traffic volumes;
o Travel speeds;
o Intersection and road segment crash histories;
o Street widths/grades;
Kittelson & Associates, Inc. Portland, Oregon
BCNA Traffic Calming Plan
Project #: 8952 ,.
June 27, 2008 Page: 2 of 2
o Driveway locations/on-street parking;
o Sight distance; and
o The overall neighborhood environment.
• Assess the traffic impacts of the proposed traffic calming devices with respect to
adjoining streets and neighborhoods, and make recommendations regarding the
most appropriate locations for an initial construction phase of traffic calming
measures, with a focus on feasibility of traffic circles or other low impact devices.
• Provide a written assessment of the above noted task items.
In order to complete the initial review the following data will be provided by City staff.
• Average weekday traffic volumes and travel speed data for all major/continuous
east/west and north/south streets within the neighborhood study area.
• Three most recent years of crash data for all major intersections and roadway
segments within the BCNA.
• Base GIS mapping and aerial photography of the neighborhood study area.
• Intersection specific dimensions as requested.
Task lb. - Traffic Calming Measures Conceptual Design ($6,000)
This portion of the study includes a conceptual level design of the first phase traffic calming devices. The
preference by the City of Yakima for Phase One is construction of traffic circles in appropriate locations.
Other devices may be considered in this first phase, subject to review.
• Prepare a report that primarily includes conceptual level designs for a first phase
of traffic calming devices within the Barge -Chestnut Neighborhood Area. Using
digital aerial photography or CAD drawings as a base, prepare scaled, hand -
sketched design concepts of up to six different locations deemed appropriate for
traffic calming devices. Sketch concepts will depict plan level features and
geometric design considerations, including:
o Size and location of the traffic calming devices relative to property, right-of-
way (where information is available), and other geometric constraints.
o Alignment and/or channelization modifications to the existing roadway and
sidewalk network.
• Provide a recommendation for a specification for low cost and low maintenance
traffic circles.
• Provide an over -view of subsequent phases of construction for traffic calming
devices.
Kittelson & Associates, Inc. Portland, Oregon
BCNA Traffic Calming Plan Project #: 8952
June 27, 2008 Page: 3 of 3
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.
Kittelson & Associates, Inc. Portland, Oregon
BCNA Traffic Calming Plan Project #: 8952 ,
June 27, 2008 Page: 4 of 4
PART B - PROVISIONS
1) GENERAL: The terms and conditions set forth herein shall govern all Work subsequently
performed on behalf of CLIENT unless changed by a written agreement signed by
KITTELSON & ASSOCIATES, INC. In case any one or more of the provisions contained in
this Agreement shall be held illegal, the enforceability of the remaining provisions contained
herein shall not be impaired thereby.
2) LIMITATION OF LIABILITY: CLIENT AGREES THAT IN RECOGNITION OF THE
RELATIVE RISKS AND BENEFITS OF THIS PROJECT, KITTELSON & ASSOCIATES,
INC.'S AGGREGATE JOINT, SEVERAL AND INDIVIDUAL LIABILITY, WHETHER FOR
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PROFESSIONAL
MALPRACTICE OR STRICT LIABILITY SHALL BE LIMITED TO AN AMOUNT NO
GREATER THAN THREE TIMES THE FEES OBTAINED THROUGH THE
PERFORMANCE OF WORK REQUIRED BY THIS AGREEMENT. THIS PROVISION
SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
3) LIMITATION OF REMEDY: CLIENT COVENANTS THAT IT WILL NOT, UNDER ANY
CIRCUMSTANCES, BRING A LAWSUIT OR CLAIM AGAINST KITTELSON &
ASSOCIATES, INC.'S INDIVIDUAL EMPLOYEES, OFFICERS, DIRECTORS OR
SHAREHOLDERS AND THAT CLIENT'S SOLE REMEDY SHALL BE AGAINST
KITTELSON & ASSOCIATES, INC.
4) WAIVER OF CONSEQUENTIAL DAMAGES: NEITHER KITTELSON & ASSOCIATES,
INC. NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE
LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES
OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO FINES, PENALTIES, LOST
PROFITS, WHETHER SAID CLAIM IS BASED UPON CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER THEORY OF
LAW.
5) INDEMNITY: To the maximum extent allowed by law, CLIENT shall indemnify, reimburse,
hold harmless and defend (with counsel of KITTELSON & ASSOCIATES, INC.'s choice)
KI i l ELSON & ASSOCIATES, INC., its employees, officers, directors and agents from and
against all claims, losses, costs and expenses resulting from bodily injury or property damage
(with the sole exception that CLIENT will have no duty to indemnify KITTELSON &
ASSOCIATES, INC. from claims or losses to the extent those claims or losses arise from the
fault or negligence of KITTELSON & ASSOCIATES, INC. or its employees or agents).
6) ARBITRATION: CLIENT agrees that any claim or dispute arising out of these terms and
conditions on the Work performed by KITTELSON & ASSOCIATES, INC. shall be resolved
by binding arbitration before a single arbitrator in Portland, Oregon. If the parties cannot
agree on the selection of the arbitrator, each party shall submit the names of three qualified
arbitrators who have agreed to serve as arbitrator to the presiding judge of Multnomah
Kittelson & Associates, Inc. Portland, Oregon
BONA Traffic Calming Plan Project #: 8952
June 27, 2008 Page: 5 of 5
County who shall select the arbitrator. The arbitrator shall have at least 5 years experience as a
licensed civil engineer. The rights and liabilities of the parties to this agreement shall be
governed by the laws (without regard to choice of law rules) of the State of Oregon. As a
condition precedent to serving a demand for arbitration, CLIENT agrees that it will obtain a
written certificate executed by an independent design professional with similar experience on
similar projects and licensed in the State of Oregon certifying that KITTELSON &
ASSOCIATES, INC. failed to meet the applicable standard of care. Owner shall provide
KITTELSON & ASSOCIATES, INC. with a copy of the Certificate at least 30 days prior to
serving a demand for arbitration.
7) DIRECT EXPENSES: KITTELSON & ASSOCIATES, INC.'s Direct Expenses shall be those
costs incurred on or directly for the CLIENT'S Project, including but not limited to necessary
transportation costs including mileage at KITTELSON & ASSOCIATES, INC.'s current rate
when its automobiles are used, meals and lodging. Reimbursement for automobiles, meals
and lodging, and any other expenses furnished by commercial sources shall be on the basis of
actual charges plus ten percent.
8) COMMUNICATION FEES: All communication fees including, but not limited to computer
services, telephone, faxes, postage, overnight deliveries, and in-house copies, printing, and
binding charges shall be on the basis of a single per direct labor hour communication fee
when furnished by KITTELSON & ASSOCIATES, INC.
9) PROFESSIONAL SERVICES: KITTELSON & ASSOCIATES, INC. staff is defined as all
permanent and temporary employees, as well as any and all contract labor of KITTELSON &
ASSOCIATES, INC. All KITTELSON (Sz ASSOCIATES, INC., staff will be billed at
KITTELSON & ASSOCIATES, INC.'s standard billing rates.
10) COST ESTIMATE: Any cost estimates provided by KITTELSON & ASSOCIATES, INC. will
be on a basis of experience and judgment, but since it has no control over market conditions
or bidding procedures KITTELSON & ASSOCIATES, INC. cannot warrant that bids or
ultimate construction costs will not vary from these cost estimates.
11) TERMINATION: Either CLIENT or KITTELSON & ASSOCIATES, INC. may terminate this
Authorization by giving 30 days written notice to the other party. In such event, CLIENT shall
forthwith pay KITTELSON & ASSOCIATES, INC. in full for all work previously authorized
and performed prior to effective date of termination as well as all unavoidable expenses
incurred prior to termination. If no notice of termination is given, relationships and
obligations created by this Authorization shall be terminated upon completion of all
applicable requirements of this Authorization.
12) PAYMENT TO KITTELSON & ASSOCIATES, INC.: KITTELSON & ASSOCIATES, INC.
will issue monthly invoices for all work performed and Direct Expenses incurred in excess of
the retainer amount. CLIENT shall pay invoices within 30 days of receipt. Interest at the rate
of 1.5 percent per month will be charged on all past due amounts, unless not permitted by
law, in which case, interest will be charged at the highest amount permitted by law.
Kittelson & Associates, Inc. Portland, Oregon
BCNA Traffic Calming Plan Project #: 8952.
July 16, 2008 Page: 6 of 6
KITTELSON & ASSOCIATES, INC. reserves the right to stop work on projects when payment
has not been received within 60 days.
13) ADDITIONAL INSURED: CLIENT shall cause its general liability insurers to name
KITTELSON 8z ASSOCIATES, INC. as an additional insured and shall require its Contractors
performing Work on this Project to name KITTELSON & ASSOCIATES, INC. as an additional
insured on their general liability and umbrella/excess insurance policies.
14) PROFESSIONAL STANDARDS: KITTELSON & ASSOCIATES, INC. shall only be
responsible for performing its work to the level of competency currently maintained by other
practicing professional engineers performing the same type of work in CLIENT'S community,
for the professional and technical soundness, accuracy, and adequacy of all designs,
drawings, specifications, and other work and materials furnished under this Agreement.
KITTELSON & ASSOCIATES, INC. makes no other warranty, express or implied.
15) AUTHORIZATION TO PROCEED: Signing this form shall be construed as agreement with
all terms and conditions and as authorization by CLIENT for KITTELSON & ASSOCIATES,
INC. to proceed with the work. Signing this form shall also be construed as authorization by
CLIENT for KITTELSON & ASSOCIATES, INC. to invoice CLIENT per the Billing Method
and Authorized Amount shown in the table below, and consistent with Section 12.
Project Phase
Billing Method
Authorized Amount
1
Traffic Calming Review and
Preliminary Design
Time 8z Materials
$16,000
SO AGREED this fj — day of
Accepted for:
KITTELSON & ASSOCIATES, INC.
2007.
Approved for:
CITY OF YAKIMA
Signature
"' C - R. A. Zais, Jr.
Title
k,\.cyvr‘Wr.
Print Name
City Manager
Title
CITY CONTRAC r No. 11 I ee) -Ilp
RESOLUTION NO: "- Z S' i
Kittelson & Associates, Inc.
Portland, Oregon
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. Y6- 24 -
For Meeting: July 15, 2008
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 &
Associates for the purpose of preparing a Barge -Chestnut Neighborhood Area Traffic Calming
Study, Phase One
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT. PERSON/TELEPHONE: Chris Waarvick, Director of Public Works
Joan Davenport, Supervising Traffic Engineer
SUMMARY EXPLANATION:
The City of Yakima proposes to utilize the services of a professional engineering firm to assist in
the preparation and public review Barge -Chestnut Neighborhood Area Traffic Calming Study,
Phase 1. On July 1, 2008 the Yakima City Council authorized staff to proceed with the study.
Attached is the Scope of Work and an estimate of $16,000 to prepare the study.
Resolution X Ordinance _Contract X Other (Specify)
Funding Source: Streets and Traffic Division—Professional Services budget
APPROVAL FOR SUBMITTAL:
STAFF RECOMMENDATION: Adopt the Resolution that authorizes execution of the contract.
BOARD RECOMMENDATION: Council Transportation & Transit Committee recommend this,
project
COUNCIL ACTION:
•
KITTELSON & ASSOCIATES, INC.
TRANSPORTATION ENGINEERING / PLANNING
610 SW Alder Street, Suite 700, Portland, OR 97205 P 503.228.5230 F 503.273.8169
June 24, 2008 Project #: 8952
City of Yakima
Joan Davenport
2301 Fruitvale Boulevard
Yakima, WA 98902
RE: Proposal for Traffic Engineering Services, Barge -Chestnut Neighborhood Traffic
Calming, Yakima, WA
Dear Joan,
Attached is a proposal for transportation engineering services associated with developing a
traffic calming assessment and conceptual design plan for the Barge -Chestnut Neighborhood
in Yakima, Washington. Part "A" identifies our proposed scope of work for the project.. This
scope was developed based on our previous discussions and familiarity with the Barge -
Chestnut Neighborhood Traffic Calming Petition.
Due to the nature of this project, we recommend that a one -phase approach be used to
complete the traffic calming assessment and preliminary design plan. We estimate the cost of
our work effort to be approximately $16,000. We propose to conduct the work on a time -and -
materials basis at our standard billing rates.
This proposal (scope of work, budget, and timeline) is effective for sixty days. I will serve as
the Project Manager and Julia Kuhn will serve as the Project Principal providing senior review
and quality assurance. Any questions of a technical or contractual nature can be directed to
either Julia or me.
Please review this proposal at your earliest convenience. If the agreement is satisfactory,
please return both signed copies. One fully executed copy will be returned for your records. If
you have any questions please call us at (503) 228-5230.
Sincerely,
KITTELSON & ASSOCIATES, INC.
Matt Hughart, AICP Julia Kuhn, P.E.
Senior Planner Principal Engineer