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R-2003-061 Kittelson and Associates Agreement
RESOLUTION NO. R 2003 -61 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Kittelson & Associates for the purpose of drafting the Transportation Plan Update for compliancewith the Washington State Growth Management Act. WHEREAS, the City of Yakima desires to engage Kittelson & Associates to perform professional services on an independent contractor basis for the City of Yakima Transportation Plan Update; and WHEREAS, Kittelson & Associates 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 & Associates for professional transportation planning 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 & Associates for professional transportation planning services related to drafting the Transportation Plan Update. ADOPTED BY THE CITY COUNCIL this 6th day of May, 2003. ATTEST: City Clerk (1k)res/engineering signal enhance christoperson mar 02.pm PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Kittelson & Associates, Inc., a transportation planning and traffic engineering firm (hereinafter "Kittelson"). WHEREAS, the City requires professional services related to preparing a Transportation Plan Update to be in compliance with the Washington State Growth Management Act. WHEREAS, Kittelson represents that it has the experience and expertise necessary to perform the professional services required by the City in accordance with the terms and conditions of this Agreement. 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 professional services as described in Exhibit "A," attached hereto and incorporated herein by this reference. 2. Term. The term of this Agreement shall commence upon execution by the parties hereto and shall terminate at the time of satisfactory completion of all services/tasks required hereunder, unless the Agreement is earlier terminated by either party in accordance with Section 15 of this Agreement. Kittelson shall proceed in a timely and diligent manner. Kittelson shall not be responsible for any delays that could not have been reasonably foreseen by the parties at the time this Agreement was executed. 3. Compensation. a. Fee for Services. The total fee for all services provided under this Agreement shall not exceed Seventy -Five Thousand Dollars ($75,000.00). This amount does not include Washington State Sales Tax. b. Payment for Compensation. Kittelson shall provide the City with an itemized invoice/billing no later than thirty (30) calendar days after services are provided. The City shall make payment to Kittelson within thirty (30) calendar days upon receipt of each invoice/billing. All payments are expressly conditioned upon Kittelson providing professional services hereunder that are satisfactory to the City. c. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section 15, Kittelson shall be compensated in accordance with the above terms for all satisfactory services provided to the City under this Agreement up to the effective termination date. d. Maintenance of Financial Records/Documents. When requested to do so by City representatives, Kittelson shall make the cost records, accounts and related financial documents pertaining to this Agreement available for inspection by City representatives during the term of this Agreement, and for a period of three (3) years following the final payment to. Kittelson by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, Kittelson shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 4. Standard of Performance. Kittelson shall perform all work and services required under this Agreement in accordance with generally accepted engineering and consulting standards, and shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement. 5. Ownership of Documents. All, reports, designs, drawings, and specifications prepared by Kittelson pursuant to this Agreement shall be the property of the City upon payment being made by the City to Kittelson in accordance with the Agreement. Kittelson shall provide the City with originals and/or reproducible copies of such documents as requested by City representatives. 6. 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, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/services required under this Agreement. Additionally, and as an independent contractor, 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 benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Kittelson,and the City. 7. 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. 8. 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, selection for training, and the provision of services under this Agreement. 9. Compliance With Law. Kittelson agrees to perform all work/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. 10. No Insurance. It is understood the City does not maintain liability insurance for Kittelson and/or its employees, agents, officers, and subcontractors. 2 11. Indemnification and Hold Harmless. a. Kittelson agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) resulting from Kittelson's performance and/or nonperformance of this Agreement. b. In the event both Kittelson and the City are negligent, Kittelson's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney' s fees) that can be apportioned to Kittelson, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 12. Insurance Provided by Kittelson. a. Commercial Liability Insurance. Before this Agreement is fully executed by the parties, Kittelson shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined with single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted.) Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent.) The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. b. Commercial Automobile Liability Insurance. Before this Agreement is fully executed by the parties, Kittelson shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted.) Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent.) The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Professional Liability Insurance. Before this Agreement is fully executed by the parties, Kittelson shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 2003, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. d. Insurance Provided by Subcontractors. Kittelson shall ensure that all subcontractors it utilizes for work/services . required under this Agreement shall comply with all of the above insurance requirements. 13. 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. 14. 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. 15. Termination. The City or Kittelson may terminate this Agreement, with or without cause, by giving the other party thirty (30) days' written notice of termination. 16. 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. 17. Non -Waiver. The waiver of either the City or Kittelson of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a wavier of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 18. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 19. 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. 20. Integration. This written document constitutes the entire agreement between the City and Kittelson. There are noother 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. 4 21. 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: TO KITTELSON: Chris Waarvick Public Works Director 2301 Fruitvale Boulevard Yakima, WA 98902 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, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. 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 KITTELSON & ASSOCIATES, INC. By: R. A. Zais, Jr Manager DATE: ATTEST: • City Clerk City Contract No. 0,2c 3 /res%,oN : - _oo,3 - / 5 DATE: `Kuhn Butorac, Principal Engineer OFFICIAL SEAL E. KURTZ NOTARY PUBLIC -OREGON COMMISSION NO. 356015 LMY COMMISSION EXPIRES MAR. 24, 2006 1'1.1"`�.'1:^�'�,.."�^..7.1`�J STATE OF OREGON ) ) :ss. County of ) On this day of , 2003, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Wayne K. Kittelson, the Principal of Kittelson & Associates, Inc., a traffic engineering firm, and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixes he day and year in this certificate above written. Print- . J,/„ Z 7-2_ NO ''•i PUBLIC in and for the State of Oregon, residing at M L Mewrrr/7 My commission expires: 03 z'7- Cj 6 EXHIBIT "A" SCOPE OF WORK Task 1: Existing Conditions Overview and Analysis The existing conditions analysis will identify the current state of the City's transportation system, including current needs. Emphasis will be primarily on the roadway system. This analysis will encompass the City's Urban Area Boundary, which includes areas outside the current city limits. The City of Yakima will provide the following data: 1. Traffic counts for all arterial streets (24-hour counts, peak hour counts by direction, manual turning movement counts at up to 12 key intersections identified by consultant and City Staff). 2. Collision data by street intersections from 1998 to 2002 including type of collision and severity of injury. 3. Functional Classification of streets, as adopted by the WSDOT. 4. Roadway characteristics on all facilities being analyzed for the Transportation Plan. This includes number of travel lanes, presence of sidewalks (where inventory is available) and bicycle lanes, and intersection traffic control. 5. Posted speed limits and Travel Speed study of Arterial Streets during PM Peak Hour (2002) 6. Pavement Ratings Index for Arterial Streets (2002). 7. Street Segment Level of Service Findings from City Concurrency Ordinance. 8. Regional Capacity Analysis conducted by T -Model Corporation on behalf of the Yakima Regional Conference of Governments. 9. Origin -Destination Study results prepared for the Yakima Regional Conference of Governments. 10. Traffic Signal Inventory. 11. Bicycle and Pedestrian Plan for the City of Yakima (1998). 12. Geographic Information Systems (GIS) services for base mapping and study products using ESRI products, primarily ARCview and ARCMap. Additional transportation elements will be addressed as follows: • Pedestrian and Bicycle—Recommendations will be generated primarily from the Bicycle and Pedestrian Citizen Advisory Committee regarding pedestrian and bicycle facilities on collector and arterial streets and connecting to key generators. • Transit—The City Council Transit Advisory Committee is currently working with the City of Yakima Transit Division on a Transit Plan update. The Transportation Plan Update will likely adopt by reference the Transit Plan, as available. • Freight Movement—Truck volumes and percentages on key routes through the City will be considered. Data from the Regional Origin and Destination Study will be available in late 2003. • Neighborhood Traffic – Residents throughout the City of Yakima voice concern regarding pedestrian safety, vehicle travel speeds on local access streets and other related issues. Strategies should be reviewed to improve neighborhood safety and viability to improve the quality of life in Yakima. • Rail—The City of Yakima and various state and federal funding agencies have been working with the Federal Rail Commission and Burlington Northern – Santa Fe Railroad regarding future rail service through Yakima. At the present time, it is assumed that future rail grade separation will occur at Lincoln Avenue as well as B Street. Other grade separated arterial 7 street crossings of the railroad (such as at Washington Avenue, Mead Avenue, I Street and Yakima Avenue) will be considered future and subject to subsequent analysis. • Air Travel—The Yakima Regional Airport Board has a separate planning process and will be incorporated by reference to the Transportation Plan. City Staff Responsibilities: • Supply all necessary data to the consultant. • Coordination with the various stakeholders to ensure all of information about the existing system is appropriately conveyed in the Existing Conditions Chapter of the Transportation Plan. • Preparation of all graphics for the Existing Conditions Chapter. • Review and provide consultant with a consolidated set of comments on the draft of the Existing Conditions Chapter. • Provide RPC and other key stakeholders with copies of the Existing Conditions Chapter. Consultant Responsibilities: • Review the existing roadway functional classification for any apparent gaps and/or inconsistencies • Review the link level of service findings from City Concurrency Ordinance. Identify additional locations for analysis. Summarize the daily roadway volumes and perform a level of service analysis for key arterial streets. This analysis will be conducted at a link level. • With staff, identify up to 12 key critical intersections for further analysis. Perform a weekday p.m. peak hour level -of -service analysis at these locations. • Evaluate traffic signal warrants at key intersections, if appropriate. • Analyze the crash data provided by City Staff along key arterial streets. Identify any apparent patterns amongst the crashes that are indicative of existing operational or geometric deficiencies. • Based on information provided by the Bicycle and Pedestrian Citizen Advisory Committee, summarize gaps between key generators in the existing bicycle and pedestrian system. • Summarize the existing transit services available within the city, based on information contained in the Transit Plan. • Identify key truck facilities through the city based on the data provided by City Staff. • Review the city's existing neighborhood program. Identify enhancements to the existing strategies to address problems identified by the city and key stakeholders. • Summarize the existing air facilities based on information provided by the Yakima Regional Airport Board. • Summarize the existing railroad facilities and locations of at -grade crossings, based on information provided by City Staff. • Provide information to City Staff for the development of the following graphics, at a minimum (the City Staff will produce all graphics using GIS): • An aerial view of the city with the Urban Area Boundary and City Limits identified. • Existing roadway functional classification. • Existing roadway volumes on all key facilities. • Existing link level -of -service on key facilities. • Existing intersection level -of -service at up to 12 locations • Intersection crash history. • Existing pedestrian facilities and major pedestrian generators. 8 • Existing bicycle facilities and major pedestrian generators. • Existing transit facilities and routes. • Existing rail facilities and crossings. • Summarize the findings of the existing conditions analysis in a technical memorandum. This memorandum will be prepared as a Chapter of the Transportation Plan. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. • Prepare a final draft of the Existing Conditions Chapter that reflects comments received from City staff. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. Task 2: Public Involvement Process A stakeholder identification process will be initiated early in the planning process to gain public awareness of the transportation planning process, solicit participation and receive comments. Although City Staff will take the lead in the stakeholder process, some assistance from the consultant will be necessary. The Yakima Regional Planning Commission (RPC) will be the primary public review forum during the course of the project. The RPC may facilitate the local transportation stakeholder perspective and will also review and accept or recommend changes to project deliverables. The RPC will review the City's current transportation goals and policies, and update as needed. The City of Yakima Bicycle and Pedestrian Advisory Committee will provide recommendations regarding appropriate facilities. The public involvement process will include citizen workshops, and public hearings before the Regional Planning Commission and City Council. The public involvement process will also include public notices and articles in the City newspaper, which will be the City' s responsibility. Due to the critical nature of public support for the final plan, the effectiveness of the public participation process will require regular monitoring. Appropriate adjustments, as necessary, will be made to ensure public awareness and support. City Staff Responsibilities: • Development and implementation of all aspects of the public involvement plan. • Coordination, attendance and preparation of appropriate documentation of all meetings with community groups, civic organizations, and other stakeholders. • Coordination, preparation for, and attendance at all meetings with the Regional Planning Commission. Consultant Responsibilities: • Attend up to three meetings with the Regional Planning Commission (RPC)/City Council to review the Alternatives Analysis. Consultant will be in a support role to City Staff. • Attend up to two RPC Hearings on the Transportation Plan Update. Consultant will be in a support role to City Staff. 9 Task 3: Plan, Goal and Policy Review The Yakima Transportation Plan update will need to be coordinated with applicable state, regional, county, and local plans. This coordination will occur at several points during the plan development. The stakeholders process will also provide opportunities to coordinate plans and recommendations. City Staff Responsibilities: • Provide all appropriate plans and policies to consultant. • Review draft of Plan and Policy Chapter. Provide consultant with one consolidated set of comments on the draft. Consultant Responsibilities: • Review plans and policies as provided by City Staff for applicability and adequacy. • Summarize findings of review in a draft Plan and Policy Chapter of the Transportation Plan. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. • Finalize draft of Plan and Policy Chapter based on comments received from City staff. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. Task 4: Transportation Needs Assessment A primary role of the consultant will be identification of the additional transportation needs that will exist within the City's Planning Area Boundary by the year 2020, given future growth. • Roadway - Data from the Yakima Valley Regional Conference of Governments regional model (TModel) will be used to reflect the City's 20 -year development assumptions within the Yakima Urban Area. The consultant will identify roadway segments that should be reviewed for future capacity constraints assuming that no roadway improvements are made and will identify areas where additional street connectivity is needed. • Pedestrian and Bicycle—This analysis will review connectivity and system needs in the pedestrian and bicycle system that may be needed to encourage greater and safer use of these modes. • Freight Movement—Freight corridors within the City will be addressed. • Rail—Existing and future plans for grade separations of at -grade rail crossings and their interaction with other modes will be. discussed. • Transit, Air—As before, all elements will be inventoried. Evaluation and recommendations for these modes of travel will be limited. Transit and Air traffic have separate planning processes which will be incorporated into this Transportation Plan update. City Staff Responsibilities: • Supply 2020 travel demand forecasts based on information prepared by the YVRCOG. These forecasts will be supplied at a link level during the weekday p.m. peak hour and average weekday conditions. In addition, intersection turning movement forecasts at up to 12 key intersections will be supplied. • Supply consultant with summary of land use forecasts included in the YVRCOG model. This information will be incorporated into the "Future Transportation Needs Chapter" of the Transportation Plan. • Coordination with the various stakeholders regarding future transportation system needs. • Preparation of all graphics for the Future Transportation Needs Chapter. 10 • Review and provide consultant with a consolidated set of comments on the draft of the "Future Transportation Needs" Chapter. Consultant Responsibilities: • Perform a link level of service analysis, based on 2020 "No Build" daily forecasts supplied by the City, for key arterial streets. Identify locations of future capacity deficiencies within the arterial street system. This analysis will be performed assuming no improvements are made to the system beyond those that are currently funded. • With staff, identify up to 12 key critical intersections for further analysis. Perform a weekday p.m. peak hour level -of -service analysis at these locations. • Identify potential street connectivity improvements that benefit vehicular, pedestrian, and bicycle travel at the collector and arterial level. Select local street improvements may be identified. • Based on the analysis performed for the Existing Conditions Analysis and input received from stakeholders, identify future improvements needed for the bicycle and pedestrian systems. • Incorporate findings from other on-going studies regarding future transit, air, and rail needs. • Evaluate the street capacity and connectivity needs associated with existing at -grade rail crossings. • Identify future truck freight needs based on the Existing Conditions Analysis and input received from stakeholders. • Provide information to City Staff for the development of necessary graphics for the Future Transportation Needs Chapter. It is anticipated that the following graphics may be needed: • Household and employment growth by Transportation Analysis Zone. • Future link level -of -service on key facilities. • Future intersection level -of -service at up to 12 locations. • Future street connectivity needs. • Future pedestrian system needs. • Future bicycle system needs. • Summarize the findings of this Future Transportation Needs analysis in a technical memorandum. This memorandum will be prepared as a Chapter of the Transportation Plan. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. • Prepare a final draft of the Future Transportation Needs Chapter that reflects comments received from City staff. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. Task 5: Alternatives Analysis In addition to the "No Build" Alternative evaluated in Task 4, two additional alternatives will be developed to address the options for future transportation needs. These include: • A "Minimal Improvement" alternative that recommends nominal improvements in the capacity of the transportation system and minimizes the physical impacts of infrastructure development and financial investment. The safety and maintenance of the transportation system will be the primary focus of this alternative. 11 • A "Future Capacity" alternative that recommends a limited set of capacity improvements identified as priority needs for the Yakima Urban Area. These alternatives will be compared to the No Build Alternative, based on a set of evaluation criteria established by City Staff and RPC. The results of this evaluation will be presented to the RPC, key stakeholders, and the public as part of the Public Involvement Program (Task 2). Based on the input received through this process, a Recommended Alternative will be identified. This recommended alternative will include a list of future street, pedestrian, bicycle, transit, rail, air, and water projects. City Staff Responsibilities: • Work with RPC to identify Evaluation Criteria for use in assessing the alternatives. These criteria should reflect the City's long-term vision and priorities. • Work with consultant to develop the alternatives to be analyzed. • Coordinate with YVRCOG staff to obtain future traffic volume forecasts for each alternative. • Prepare planning level cost estimates for each of the alternatives, including the No Build. • Assist consultant staff with evaluation of alternatives per the criteria approved by the RPC, as needed. • Coordination with the various stakeholders. • Identification of potential revenue sources for the projects included in the Recommended Alternative. • Preparation of all graphics for the Alternatives Analysis Chapter. • Review and provide consultant with a consolidated set of comments on the draft of the Alternatives Analysis Chapter. Consultant Responsibilities: • Provide City Staff with draft list of evaluation criteria for use in staff's discussions with RPC and various stakeholders. • With staff, develop up to two alternatives for evaluation. • Provide information to City Staff regarding information needed from YVRCOG staff to obtain future traffic volume forecasts for each of the alternatives. • Perform a link level of service analysis, based on the daily forecasts supplied by the City, for key arterial streets for each alternative. Identify anticipated capacity deficiencies at both a link and intersection level for each alternative. • Evaluate each of the alternatives based on the Criteria developed by the RPC. This evaluation will be performed in collaboration with City Staff. • Based on comments received through the Public Involvement Process, identify a Recommended Alternative. This recommended alternative will include a list of future street, pedestrian, bicycle, transit, rail, and air projects. • With staff, develop a phasing plan (near-term, mid-term, and long-term) for each of the projects included in the Recommended Alternative. • Review and incorporate information about the revenue sources proposed by City Staff for each of the projects included in the Recommended Alternative. • Provide information to City Staff for the development of necessary graphics for the Alternatives Analysis Chapter. It is anticipated that the following graphics may be needed: • Transportation System Improvements included in each alternative (one graphic for each alternative). • Future link level -of -service on key facilities for each alternative. 12 • Summarize the findings of the Alternatives Analysis in a technical memorandum. This memorandum will be prepared as a Chapter of the Transportation Plan. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. • Prepare a final draft of the Alternatives Analysis Chapter that reflects comments received from City staff. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. Task 6: Draft Transportation System Plan Based on the Recommended Alternative included in Task 5, a Transportation Plan Chapter will be developed. This chapter will address those components necessary for the development of a future transportation system in the City of Yakima, including a future street plan, bicycle system plan, pedestrian system plan, transit plan, air plan, rail plan, and freight plan. These plans will include recommendations for any additional implementation measures, particularly relating to development standards, project financing, and neighborhood safety improvements that the City may need to undertake. City Staff Responsibilities: • Preparation of all graphics for the Transportation Plan Chapter. • Refine the planning level cost estimates and potential funding sources for each of the projects included in the Transportation Plan Chapter. • Work with consultant to refine the phasing strategy for each project. • Review the draft Transportation Plan Chapter prepared by the Consultant. Provide consultant with one consolidated set of comments on the draft. Consultant Staff Responsibilities: • Based on the recommended alternative developed in Task 5, identify a transportation system plan by mode. This plan will include the following: • Street system plan: functional classification plan, access management plan, street design standards (i.e., cross section standards that address right-of-way, pavement width, pedestrian facilities, number of travel lanes, bicycle lane width, etc.), potential location of new traffic signals, and neighborhood traffic management strategies. • Pedestrian system plan: needed network of future pedestrian facilities, such as future street improvements, multi -use pathways, pedestrian pathways, pedestrian bridges • Bicycle system plan: network of bicycle routes, lanes, and multi -use pathways • Transit system plan: information to be incorporated from other on-going studies and input received from stakeholders • Rail system plan: incorporated from other on-going studies and input received from stakeholders; will include recommendations of converting some existing at -grade crossings to grade -separated crossings • Air system plan: information to be incorporated from other on-going studies and input received from stakeholders • Freight plan: recommended truck routes and street capacity/connectivity improvements that benefit freight movement to and within the City • Implementation Plan: with staff, refine the phasing and financing plan developed for the Recommended Alternative in Task 6. This Plan will outline a description of the 13 project, an approximate timing (near-term, mid-term, and long-term) of implementation, a planning level cost estimate, and potential funding sources. • Provide information to City Staff for the development of necessary graphics for the Transportation Plan Chapter. It is anticipated that the following graphics may be needed: • Functional Classification Plan • Recommended street design standards • Pedestrian Plan • Bicycle Plan • Transit Plan • Rail Plan • Truck Routes • Summarize recommended plans by mode in a draft Transportation Plan Chapter. Provide to City Staff for review. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the chapter and provide copies to key stakeholders as needed. Task 7: Transportation System Financing Plan A transportation funding plan will be developed that provides a description of the potential funding sources for future projects, an estimated revenue stream through the year 2020, and a summary of capital improvement costs from Task 6. City Staff will prepare this plan through their work with the Capital Facilities Committee and the Regional Planning Committee. City Staff Responsibilities: • Preparation of the Transportation System Financing Plan Chapter. Consultant Staff Responsibilities: • Review the draft Transportation System Financing Plan Chapter prepared by City Staff. Task 8: Draft Transportation Plan A Transportation Plan document will be prepared based on each of the Chapters developed in Tasks 1-7. City Staff Responsibilities: • Preparation of all graphics for the Transportation Plan Document. • Review the draft Transportation Plan document prepared by the Consultant. Provide consultant with one consolidated set of comments on the draft. Consultant Staff Responsibilities: • Provide information to City Staff to refine any of the graphics developed in Tasks 1 — 7. • Prepare a draft Transportation Plan document that incorporates the Chapters prepared in Tasks 1 — 7 and submit to City Staff for review. One electronic copy of the chapter will be provided to City Staff. Staff will reproduce the document and provide copies to key stakeholders as needed. • Based on comments received, submit a revised draft of the Transportation Plan, in electronic format, to City Staff for distribution. Staff will reproduce the document and provide copies to key stakeholders, as needed. 14 Task 9: Transportation Plan Adoption A number of hearings and public workshops will be held as part of the adoption process of the Transportation Plan. The planning for and implementation of these hearings/workshops will be developed under Task 2 (Public Involvement Program). City Staff Responsibilities: • As specified in Task 2, staff will coordinate, prepare for, and attend all hearings/workshops necessary to support the adoption process. Consultant Responsibilities: • As specified in Task 2, consultant will attend up to two RPC/City Council hearings on the Transportation Plan Update. Consultant will be in a support role to staff. 15 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. # q For Meeting May 6, 2003 ITEM TITLE: A resolution authorizing a Professional Services Agreement between the City of Yakima and Kittelson & Associates for the purpose of drafting the Transportation Plan Update, as mandated by the Washington State Growth Management Act 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 proposes utilizing the services of a professional engineering firm to assist in the preparation and public review of the Transportation Plan Update. A Transportation Plan is required for all Washington State cities under the authority of the Growth Management Act and must be updated every five years. The existing Transportation Plan was adopted by the City Council in November of 1998 after several years of public hearings and modifications. The Transportation Plan will address the issues of existing and future street needs, recommendations for safety improvements, capacity needs, alternative system scenarios and funding options. Other related items will be addressed in the Transportation Plan, as required under the GMA, such as pedestrian, bicycle, rail, air, and freight needs. Public participation in the development of the Transportation Plan update is vital and a draft schedule of the proposed public participation opportunities is included with this package. The City of Yakima will contract with Kittelson & Associates for a maximum contract amount of $75,000. Resolution X Ordinance _Contract X Other (Specify) Funding Source: Streets and Traffic Division—Professional Services budget APPROVAL FOR SUBMITTAL: . City Manager STAFF RECOMMENDATION: Adopt the resolution authorizing execution of the attached Professional Services Agreement with Kittelson & Associates. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution NO. R-2003-61 City of Yakima, Washington Transportation Plan Update Proposed Public Participation Opportunities May 6, 2003 June to September, 2003 City Staff will attend various community and civic organization meetings to provide an overview of the Transportation Plan Update process, develop a mailing list and listen / record preliminary concerns and comments. Expect to attend 15 to 20 different meetings. A mail -in card and prepared information will be distributed at these various meetings for citizens to be added to the "Stakeholders" mailing list. Additionally, contact with State, Regional and Local agencies will also begin during this timeframe and added to the "Stakeholders" list. September, 2003 First Regional Planning Commission (RPC) workshop to provide overview of Transportation Plan Update. Existing Conditions and Transportation Needs Assessment will be presented. All RPC meetings should be televised on YPAC and Stakeholders List notified. Fall, 2003 Consider creating a 10-15 minute information production to run on YPAC about the Transportation Plan Update Process. Fall, 2003 Transportation Plan Update. October, 2003 Focused Media releases begin on significant topics for the RPC Meeting to review Transportation Plan Goals and Policies November, 2003 Joint RPC and City Council luncheon to review Transportation Plan Update and Alternative Analysis November, 2003 RPC Meeting to review Alternatives Analysis December, 2003 RPC Meeting review continued January — February, 2004 Public Workshops for Stakeholders to be scheduled at 3 or 4 community locations, such as schools, Southeast Community Center, etc. Review of draft Transportation Plan Update, including alternatives. Display ad in newspaper, mailing to Stakeholders, media release. April, 2004 RPC Public Hearing on Transportation Plan Update Display ad in newspaper, mailing to Stakeholders, media release. June, 2004 City Council Adoption of Transportation Plan Update Display ad in newspaper, mailing to Stakeholders, media release. July, 2004 Amendments to City of Yakima 6 -year TIP, WSDOT Functional Classification Plan, Yakima Valley Conference of Governments Regional Plan, etc as necessary based upon updated Transportation Plan. AMENDMENT OF CITY CONTRACT NO. 2003-42 This Amendment of City Contract No. 2003-42 is made and entered into by and between Kittelson & Associates, Inc., a transportation planning and traffic engineering firm, and the City of Yakima, a Washington municipal corporation, hereinafter "City." WHEREAS, in the spring of 2003 the City of Yakima entered into a professional services contract (City Contract No. 2003-42) with Kittelson & Associates to assist with the preparation and drafting of the City's Transportation Plan Update; and WHEREAS, City Contract No. 2003-42 provides that Kittelson & Associates shall receive a maximum total payment of Seventy -Five Thousand Dollars ($75,000) for said Transportation Plan Update services; and WHEREAS, the Wal-Mart Company proposes to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima that raises a number of traffic issues; and WHEREAS, the City has utilized Kittelson & Associates under City Contract No. 2003-42 to provide environmental review services related to said traffic issues; and WHEREAS, the City requires additional environmental review services related to said traffic issues and desires to use Kittelson & Associates to provide these services; and WHEREAS, it is necessary to execute an amendment to City Contract No. 2003-42 to provide for these additional environmental review services; and WHEREAS, on February 1, 2005, the City Council passed Resolution No. R. 2005-28 authorizing Kittelson & Associates to provide these additional 1 environmental review services and directing the City Manager to execute an amendment to City Contract No. 2003-42 to reflect said additional services; and WHEREAS, Kittelson & Associates is willing to provide these additional environmental review services in accordance with this amendment to City Contract No. 2003-42; NOW, THEREFORE, the City and Kittelson & Associates agree to amend City Contract No. 2003-28 as follows: In addition to the professional services as described and set forth in Section 1 and Exhibit A of City Contract No. 2003-42, Kittelson & Associates shall provide the following additional environmental review services: • Review the transportation section of the preliminary Final Environmental Impact Statement ("FEIS"), including but not limited to ensuring that the methodology and technical analysis contained in the document are consistent with national standards, and reviewing the findings of the analysis for technical accuracy, feasibility and reasonableness. • Submit a memorandum to Shockey/Brent on the findings of the FEIS review. • Assist Shockey/Brent in responding to comments on the FEIS. • Assist Shockey/Brent in the nexus and proportionality analysis. • Participate in conference calls with Shockey/Brent and City staff and legal counsel during the project duration. • Attend up to two (2) meetings or hearings in the City of Yakima. The total fee for these additional services under this Contract Amendment and the original services under City Contract No. 2003- 42 shall not exceed Eighty -Eight Thousand Dollars ($88,000.00). Except to the extent expressly amended herein, all of the other terms and conditions of City Contract 2003-42 remain in full force and effect. 2 IN WITNESS WHEREOF, the parties have executed this Amendment to City Contract 2003-28 this .day of April, 2005. KITTELSON & ASSOCIATES, INC. CITY OF YAKIMA uliq Kuhn, Principal Engineer R. A. Zais, Jr., City Manager Date: ''f - !al (pc Date: `f - 5 —°-5-- ATTEST: °-5r ATTEST: By: K -La-'--- '4 City Clerk Resolution No.: aad,- 2. Contract No.: ?c 3 — -$/2 3 A RESOLUTION RESOLUTION NO. R-2005 2 authorizing the City Manager of the City of Yakima to execute an amendment to City Contract No. 2003-42 with Kittelson & Associates for environmental review services related to traffic issues regarding the possible siting and construction of a retail facility by the Wal-Mart Company in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima. WHEREAS, in spring 2003 the City of Yakima entered into a professional services contract (City Contract No. 2003-42) with Kittelson & Associates to assist with the preparation and drafting of the City's Transportation Plan Update; and WHEREAS, City Contract No. 2003-42 provides that Kittelson & Associates shall receive a maximum total payment of Seventy -Five Thousand Dollars ($75,000) for said Transportation Plan Update services; and WHEREAS, Wal-Mart Company proposes to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima that raises a number of traffic issues; and WHEREAS, the City has utilized Kittelson & Associates under City Contract No. 2003-42 to provide environmental review services related to said traffic issues; and WHEREAS, the City requires additional environmental review services related to said traffic issues and desires to use Kittelson & Associates to provide these services; and WHEREAS, it is necessary to execute an amendment to City Contract No. 2003-42 to provide for these additional environmental review services; and WHEREAS, payments to Kittelson & Associates for these additional environmental review services under the contract amendment would not to exceed Thirteen Thousand Dollars ($13,000.00) over and above the original contract amount of Seventy - Five Thousand Dollars ($75,000); and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of a contract amendment with Kittelson & Associates to provide for additional environmental review services related to traffic issues concerning the Wal- Mart Company's proposal to construct a retail facility in the Nob Hill/Meadowbrook/Tieton area, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized to execute an amendment to City Contract No. 2003-42 with Kittelson & Associates for environmental review services related to traffic issues regarding the possible siting and construction of a retail facility by the Wal-Mart Company in the Nob Hill/Meadowbrook/Tieton area of the City of Yakima. The payment authorized by the amendment shall not exceed Thirteen Thousand Dollars ($13,000.00) over and above the original contract amount of Seventy Five Thousand Dollars ($75,000.00). The form of the amendment to City Contract No. 2003-42 shall be subject to review and approval of the City Attorney. ADOPTED BY THE CITY COUNCIL this 1st day of February, 2005. ATTEST: 31 PAUL GEORGE Paul P. George, Mayor hi KAREN S, ROBERTS City Clerk ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ` For Meeting of February 1, 2005 Consideration of Resolutions authorizing amendments to professional service agreements for technical planning services, peer level review, and traffic engineering analysis to prepare and complete final State - mandated Environmental Impact Statement for Wal-Mart on Congdon Orchard site proposals at 72nd Avenue and 64th Avenue: A. Professional Services Agreement with Reid Shockey B. Professional Services Agreement with Kittelson & Associates SUBMITTED BY: Vi' lam R. Cook, Director, Community and Economic Development Department CONTACT PERSON/TELEPHONE: Doug Maples, Manager, Code Administration and Planning Division (575-6121) SUMMARY EXPLANATION: To date the City has spent $83,496.65 on preparation of the 1,992 page Wal-Mart Environmental Impact Statement (EIS). Of this amount $75,030.97 has gone to pay a contract with Shockey Brent, Inc. and peer review subcontractors: Greenbusch (Noise) and Landau (Soils) who have reviewed environmental work prepared and submitted by Wal-Mart. $8,465.68 has been paid to Kittelson & Associates for peer review Wal -Mart's traffic study for their proposed new store in West Valley. Continued on next page Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Phone: Funding Source Contingency FTc4L..De reimbursed MITTAL: APPROVED FOR SUB City Manager STAFF RECOMMENDATION:Pass resolution (A) authorizing the environmental contract amendment and approve the motion to use contingency funds for this amendment and resolution (B) authorizing the City Manager to amend traffic analysis contract. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: 1 Of the $83,496.65, Wal-Mart has reimbursed the City $34,571.69 and a second bill for reimbursement totaling $48,924.96 is still outstanding. Thus far the process has covered 18 months from the City issuing the Determination of Significance (DS). During this time, there has been; a scoping heerinn review of the nrirrin&l \AI I_T/tort eiihmittel nroneretion of a draft •iva.0 n•y, review vI the vI iyu lul YYa.0 IYIT.ala aJa4IJI1 maul Ni vVa.Ia.auvii v1 u I— Iwa Environmental Impact Statement (DEIS) including significant peer review of technical reports, publications and dissemination of the DEIS, a thirty (30) day public comment period, which was extended an additional twenty-seven (27) days and two (2) public meetings totaling approximately 7 hours of public testimony. At this point, there remain several steps to complete the DEIS and produce a Final Environmental Impact Statement (FEIS). These would include: City staff review of all comrnent�, oversight of additional IA/al-Mart technical public Studies as nroccary to amend the DEIS and/or respond to public comments, peer review of Wal -Mart's new technical work as required, and completion of the FEIS. In addition, the proposed amendments before you today anticipate the additional cost of peer review, professional testimony to the Hearing Examiner and City Council. The DEIS (and when completed, the FEIS) will be one of the most extensive and detailed environmental documents the City has ever prepared. As a result of several environments! SOPA elements identified in thv public op pry ese it h P n SEPA identified pia�,.i:. ..�v�.ing �.. % .., has �e. necessary for the City to contract with technical professionals with appropriate credentials to assist in the review, address technical issues, provide expert peer review for the city council, public and if necessary the courts. The planning staff does not have the capacity or expertise to commit to a project of this size and complexity without the help of outside professional consultants. It is imperative for the City to have the project application and environmental elements reviewed thoroughly so the FEIS will have identified all major impacts this project may potentially bring to the proposed site. 2 The estimated total cost to complete the FEIS is as follows: 1. Reid Shockey contract (technical planning services) which includes peer review professional subcontracts with Greenbusch (noise expert) and Landau: (soils expert) Plus 2. Kittelson and Associates for (technical engineering experts) Wal-Mart project / traffic analysis and transportation peer review and consulting: (This City has a master contract with Kittelson for GMA transportation planning update. This an additional element to this contract) Plus 3. Independent professional Economic /Environmental Analysis with a yet to be determined consultant. Estimated cost up through and including city Council presentation: (Please note: We do not have a contract for this work ready for Council consideration at this time, and no action by Council is being requested at this time) Additional Revised Current Services Total Contract @ 2/1/2005 Contract $71,125 $56,529 $127,674 $8,466 $13,310 $21,726 $0.00 $18,000 $18,000 (est.) TOTAL $79,590 $87,839 $167,380 3 For your consideration today, we are asking Council's approval to: Amend the City's professional services contract with Shockey Brent, Inc (attached) to increase the total contract amount by $56,529 (excluding appeals). 2) Authorize the City M to amend the City's contract with Kittelson and Associates to increase the total contract amount by $13,000 (excluding appeals). These contract amendments should be sufficient to fund the professional consulting services needed to complete the Wal -mart FE!S. However, should there be an appeal to Superior Court of the City's Final Environmental Impact Statement, we have estimates from Shockey Brent, Inc of an additional $26,210 and from Kittelson & Associates of an additional $5,000 to provide expert testimony for an appeal. An additional amount would also be necessary to cover fees and expenses of the professional testimony we would need for the economic/environmental consultant but we have no estimate of this cost at this time. Should an appeal be filed, we would request Council approval to amend all three contracts: 1) Shockey Brent, Inc.; 2) Kittelson and Associates and, 3) yet to be determined economic/environmental consultant Funding The funding for this contract amendment will come from the City's contingency fund. Wal - Mart's legal counsel has assured staff Wal-Mart will reimburse the costs associated with the processing of the environmental document, provided they are reasonable and legitimate. In spite of this commitment by Wal -Mart's legal counsel, the City of Yakima is still obligated and mandated to process the Wal-Mart EIS. Without Wal -Mart's commitment to reimburse these expenses, the City is obligated to pay these costs. 4 SECOND AMENDMENT OF CITY CONTRACT NO. 2003-42 This Second Amendment of City Contract No. 2003-42 is made and entered into by and between Kittelson & Associates, Inc., a transportation planning and traffic engineering firm, hereinafter "Kittelson", and the City of Yakima, a Washington municipal corporation, hereinafter "City". WHEREAS, in the spring of 2003 the City entered into a professional services contract (City Contract No. 2003-42) with Kittelson to assist with the preparation and drafting of the City's Transportation Plan Update for a fee of not more than $75,000; and WHEREAS, on April 25, 2005, pursuant to Yakima City Council Resolution 2005-28, the City entered into an Amendment of City Contract No. 2003-42 providing for additional traffic engineering services related to the Wal-Mart Company's proposed retail facility for an additional fee of not more than $13,000; and WHEREAS, the City requires additional environmental review services related to said traffic issues and desires to use Kittelson to provide these services; and WHEREAS, it is necessary to execute a Second Amendment to City Contract No. 2003- 42 to provide for these additional environmental review services; and WHEREAS, Kittelson is willing to provide these additional environmental review services for an additional fee of not more than $35,000; NOW, THEREFORE, the City and Kittelson agree to a second amendment of City Contract No. 2003-42 as follows: In addition to the professional services as described and set forth in Section 1 and Exhibit A of City Contract No. 2003-42 and in the April 25, 2005 amendment to City Contract No. 2003-42, Kittelson shall provide the following additional environmental review services: • Phase I— Transportation Plan Tasks Anticipated: • Compile traffic volume and safety data at 19 additional intersections, beyond the 12 anticipated in the original contract. 1 • Analyze existing and future traffic conditions at the 19 additional intersections. • Identify future geometric and traffic control needs at all 31 intersections. • Collaborate with city staff on documentation of all chapters of draft transportation plan. Prepare formatted draft plan for public review. • Attend two additional meetings with city staff to assist with review process. • Phase II - Wal-Mart Peer Review Tasks Anticipated: • Attend city council hearings for the Wal-Mart Appeal in April 2006. • Coordination with City staff and consultant team in preparation for hearings. • Assist city staff with drafting of development agreement. The total fee for these additional services shall not exceed Thirty -Five Thousand Dollars ($30,000 for Phase I and $5,000 for Phase II), bringing the total fee for all services performed under City Contract 2003-42, including services performed under the April 25, 2005 Amendment to City Contract No. 2003-42, to One Hundred and Twenty -Three Thousand Dollars ($123,000.00). Except to the extent expressly amended herein, all of the other terms and conditions of City Contract 2003-42 and the April 25, 2005 Amendment of City Contract No. 2003-42 remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment of City Contract 2003-42 this //a' day of April, 2006. CITY OF YAKIMA By: y �. R. A. Zais, Jr', City Manager DATE: 11- '1-0% City Clerk 2 KITTELSON & ASSOCIATES, INC. By: J, Iia Kuhn, Principal Engineer DATE: 4111I��� ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. SIV For Meeting of: April 4, 2006 Consideration of a resolution authorizing a second amendment to the professional service agreement between the City of Yakima and Kittelson & Associates, Inc. for additional traffic engineering and environmental review services related to preparation of the Transportation Plan Update and related to the Wal-Mart Company's appeal. SUBMITTED BY: Chris Waarvick, Director Public Works CONTACT PERSON/TELEPHONE: Shelley Willson, Street and Traffic Operations Manager/ 575-6005 SUMMARY EXPLANATION: The City of Yakima entered into a professional services contract with Kittelson and Associates, Inc., in May 2003 for preparation and public review of the Transportation Plan Update as required by the Washington State Growth Management Act. An amendment to the contract is respectfully requested to provide analysis of those areas annexed into the City of Yakima since May 2003, additional analysis of specific intersections where safety and congestion are problematic, and to prepare the document in a "print -ready" format. In addition, this contract amendment will cover expenses associated with the Wal-Mart appeal. Funding has been encumbered to cover the estimated additional expense ($35,000) associated with the contract amendment. The final contract payment shall not exceed $123,000, which will include Wal-Mart analysis and appeal. Resolution X Ordinance _ Other (Specify) Contract X Mail to:KAI, Julia Kuhn, 610 SW Alder, Suite 700, Portland, Oregon 97205 Funding Source:141.133.526.0000.54.3.40.410 APPROVED FOR SUBMITTAL: ,City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. R-2006-57 Amends Contract 2003-42 RESOLUTION NO. R 200657 A RESOLUTION authorizing and directing the City Manager to execute a second amendment to the professional services agreement between the City of Yakima and Kittelson & Associates, Inc. for additional traffic engineering and environmental review services related to preparation of the Transportation Plan Update and related to the Wal-Mart Company's appeal. WHEREAS, in 2003 the City of Yakima (City) entered into a professional services contract (City Contract No. 2003-42) with Kittelson & Associates, Inc. (Kittelson) to assist with the preparation and drafting of the City's Transportation Plan Update for a fee of not more than $75,000; and WHEREAS, pursuant to Yakima City Council Resolution 2005-28, the City entered into an Amendment of City Contract No. 2003-42 providing for additional traffic engineering services related to the Wal-Mart Company's proposed retail facility for an additional fee of not more than $13,000; and WHEREAS, the City requires additional environmental review services related to said traffic issues and desires to use Kittelson to provide these services; and WHEREAS, Kittelson is willing to provide these additional environmental review services in accordance with the attached amendment for an additional fee of not more than $35,000; WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Amendment with Kittelson for environmental review 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 "Second Amendment of City Contract No. 2003-42" with Kittelson & Associates, Inc. for additional traffic engineering and environmental review services related to preparation of the Transportation Plan Update and related to the Wal-Mart Company's appeal. ADOPTED BY THE CITY COUNCIL this 4th day of April, 2006. /s/ DAVID EDLER ATTEST: David Edler, Mayor !s! KAREN S. ROBERTS City Clerk Certified to be a true and correct ct p original filed in my office. „ G' CITY CLER By DATE(MM/DD/YY) A CORDTM -CERTIFICATE -Of LIABILITY INSURANCE 04/22/03 PRODUCER Aon Risk Services, Inc. of Oregon 1211 S.W. 5th Avenue Suite 600 Portland OR 97204-3799 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE-(503) 224-9700 FAX-(503) 295-0923 INSURERS AFFORDING COVERAGE INSURED INSURERA. American Motorists Insurance Company Kittelson & Associates, Inc. Attn: Elizabeth Kurtz INSURERS: Lumbermens Mutual Casualty Co 610 SW Alder, #700 Portland OR 972050000 USA INSURER C. INSURER D INSURER E: COVt AGES .This Certificate is hot intended tO.5lied fy BEI endOZSeniei[t5 coverages, terihs; coittlitions gild 6(6Ii151int iif'the 9OlICies.ShOWn: ^:... ::' • ' :-.'... ` - I THE POLICIES OF INSURANCE LIS IED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD\YY) POLICY EXPIRATION DATE(MM\DD\YY) LIMITS A GENERAL LIABILITY 7RS808597 (OR) 7RS808594 06/03/02 06/03/02 06/03/03 EACH OCCURRENCE $1, 000, 000 A A — X COMMERCIAL GENERAL LIABILITY (FL) 7RS808592 (MD) 06/03/02 06/03/03 06/03/03 FIRE DAMAGE(Anv one fire) $250,000 CLAIMS MADE ❑ OCCUR MED EXP (Anv one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L E AGGREGATE LIMIT APPLIES PER: PRO- D E PRODUCTS - COMP/OP AGG $2,000,000 POLICY JECT LOC B AUTOMOBILE X LIABILITY ANY AUTO E7G059954 06/03/02 06/03/03 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY ( Per person) HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG EXCESS LIABILITY EACH OCCURRENCE OCCUR ❑ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND WC STATU- TORY LIMITS OTH- ER EMPLOYERS' LIABILITY EL EACH ACCIDENT E.L DISEASE-POLICY LIMIT E.L. DISEASE-EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: #5837. Certificate holder, its elected officials, officers, agents and employees are included as additional insureds CERTIFICATE HOLDER CANCEL $ ATION C i t V of Yakima Attn: Chris Waarvick, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLICATION OR LIABILITY Public Works Director 2301 Fruitvale Blvd Yakima WA 98902 USA AUTHORIZED REPRESENTATIVE eweLtiL`�t.t��. --h.�rY-Iz _c" E ACORD 25-S (7/971 - ,,., ACORD CORPORATION 1988 Certificate No 7 -7nnna9.;n7 Holder Identifier • DATE(MM/DD/YY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 04/22/03 PRODUCER Aon Risk Services, Inc. of Oregon 1211 S.W. 5th Avenue Suite 600 Portland OR 97204-3799 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE-(503) 224-9700 FAX- (503) 295-0923 INSURERS AFFORDING COVERAGE INSURED INSURER A. Continental Casualty Company Kittelson & Associates, Inc. Attn: Elizabeth Kurtz INSURER B: 610 SW Alder #700 INSURER C. Portland OR 972050000 USA INSURER D: INSURER E: 1 COVERAGES This'Certificate is nat intended to specify all endorsements, coverages, teilns, conditions alid.exclusions'of the.policies shown.. 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDWY) POLICY EXPIRATION DATE(MMNDDWY) LIMITS GENERAL — LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE FIRE DAMAGE(Anv one fire) MED EXP (Anv one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER. PRO- POLICY ❑ JECT LOC PRODUCTS - COMP/OP AGG AUTOMOBILE — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABHdTY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER E.L EACH ACCIDENT E.L. DISEASE-POLICY LIMIT E.L. DISEASE-EA EMPLOYEE A OTHER Archit&Eng Prof AEA113778709 12/30/02 12/30/03 SIR/Deductible $100,000 Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: #5837 CER11J'1CATE HOLDER CANCELLATION; C i t V of Yakima Attn: Chris Waarvick, Public Works Director 2301 Fruitvale Blvd Yakima WA 98902 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRI11 EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SIIALL IMPOSE NO OBLIGATION OR LIABILITY � • ,- .. • .._ _ _ _ - AUTHORIZED REPRESENTATIVE eit-1,14L-r)'"LQ44—_, ACORD 254 (7/9~71 . ACORD CORPORATION 1988 Certificate No �7nnnsa7zsRn Anlrlar Identifier • DATE (MM/DD/YY) A CORDTM CERTIFICATE OF LIABILITY INSURANCE 04/22/03 PRODUCER Aon Risk Services, Inc. of Oregon 1211 S.W. 5th Avenue Suite 600 Portland OR 97204-3799 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE-(503) 224-9700 FAX-(503) 295-0923 INSURERS AFFORDING COVERAGE INSURED INSURER A. American Manufacturers Mutual Ins Co. Kittelson & Associates, Inc. Attn: Elizabeth Kurtz INSURER B: 610 SW Alder, #700 INSURER C. Portland OR 972050000 USA INSURER D INSURER E: COVERAGES. This Certificate is riotintended to specify all ehdorselnenLs, coverages, terms, conditions and exclusions Utile policies Shown: 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERI IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DDWY) POLICY EXPIRATION DATE(YIM\DD\YY) LIMITS GENERAL — LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR EACH OCCURRENCE FIRE DAMAGE(Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY fl JECT LOC PRODUCTS - COMP/OP AGG AUTOMOBILE — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURRENCE AGGREGATE A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 7BH097250 07/01/02 0//01/03 X WC STATU- TORY LIMITS OTH- ER E.L EACH ACCIDENT $500, 000 E.L DISEASE-POLICY LIMIT $500, 000 E.L. DISEASE-EA EMPLOYEE $500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: #5837 CERTIFICATE HOLDER CANCELLATION Ci t V of Yakima Attn: Chris Waarvick, Public Works Director 2301 Fruitvale Blvd Yakima WA 98902 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLICATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS ACENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 25,--y.c..-h.1_,I.rylQcA--, kt ORI? 25 .S (7/91) ACORDSLIRPORATION 1988 Certificate No S7nnna2z'BR Hairier Identifier • rte" f ATE (MM =,a OR05/24/04'ACtti' �3' 2_„- �- - � �� '+'W'.:?£ ,AB; ��` ��,. � 05/24/04 .. .. .... .... ... >... ..,.:� dam. �<. ,.� v. /.t,,;°Y>. � , ,... �'1 �.�2” , s. .v ..: PRODUCER Aen Risk Services, Inc. of Oregon 1211 S.w. 5th Avenue Suite 600 Portl and OR 97204-3799 USA T� .gym€ -� �♦i .� r-? -7 �,r L. u � u THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE •(503) 224-9700 FAx-(503) 295-0923 INSURERS AFFORDING COVERAGE INSURED INSURER A. Fidelity & Guaranty Ins Co Kittelson & Associates, Inc. Elizabeth Kurtz INSURER B: United States Fidelity & Guaranty Co. 610 Sw Alder #700 Portland OR 972050000 USA INSURERC: INSURER D INSURER E: COVERAGES ThisCertificate is not intended to spect?v:a[t.erli#biselrielifs;'ccive es,'ferins, cvilititinitS anti acic>.giatis iif theti6tidiesshovm. '� : �� <'_<.� %:.,; „' ,. ,.: _. <. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD\YY) POLICY EXPIRATION DATE(MM\DD\YY) LIMITS A GENERAL LIABILITY BK01776778 06/03/04 06/03/05 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $300.000 ■ CLAIMS MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 ' GENERAL AGGREGATE 12,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- X POLICY fl E LOC PRODUCTS - COMP/OP AGG $2,000,000 JECT B AUTOMOBILE X LIABILITY ANY AUTO BA01832706 06/03/04 06/03/05 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ■ ANY AUTO OTHER THAN EA ACC ■ AUTO ONLY AGG EXCESS LIABILITY EACH OCCURRENCE ■ OCCUR ❑ CLAIMS MADE AGGREGATE DEDUCTMLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER E.L EACH ACCIDENT E.L. DISEASE -POLICY LIMIT i E.L. DISEASE -EA EMPLOYEE ii S OTHER ■ J DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I RE: #5837. certificate holder, its elected officials, officers, agents and employees are included as additional insureds ie CERTIFICATE HOLDER CANCELLATIONI. • City of Yakima Attn: Chris Waarvick, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 5 DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, t BUT FAILURE TO DO SO SIIALL IMPOSE NO OBLIGATION OR LIABILITY r Public Works Di rector OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 2301 Fruitvale Blvd a Yakima WA 98902 USA �jJ �� �r.YQ-�, i AUTHORIZED REPRESENTATIVE esK _-( i . ACORD 25-S (7197) „a ACORD C ORPORATION 19881II Holder Identifier 570009788885 ('rrtifion*P Nn • • DATE(MM/DD/YY) ' 05/24/04 PRODUCER Risk Services, Inc. of Oregon Aon 1211 5. w. 5th Avenue Suite 600 Portland OR 97204-3799 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE.(503) 224-9700 FAX.. (503) 295-0923 INSURERS AFFORDING COVERAGE INSURED INSURER A. St Paul Fire & Marine Insurance Co. Kittelson & Associates, Inc. Attn: Elizabeth Kurtz INSURER B: 610 SW Alder, #700 Portland OR 972050000 usA INSURER C. INSURER a INSURER E: ItOVERAGES - l'hi§Cettifiet&i.ilikitititelidetitiiicify411 etidoti6inetit4'elziveviAes;ttiiiis,'coliditiofisitn&Oc:elti§io- ofthe j*lidi6,-shoWil:..,--: .;` - -,- • ' , . , ',:f- . d THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rNsR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMADDNYY) POLICY EXPIRATION DATE(MM \DDWY) LIMITS GENERAL LIABILITY EACH OCCURRENCE IICOMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) CLAIMS MADE OCCUR MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GENL AGGREGATE LIMIT APPLIES PER. PRO- PRODUCTS - COMP/OP AGG POLICY LJ JECT LJ LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC • AUTO ONLY AGG EXCESS LIABILITY EACH OCCURRENCE OCCUR ECLAIMS MADE AGGREGATE DEDUCTD3LE RETENTION A WORKERS COMPENSATION AND wvA8004905 07/01/04 07/01/05 X WC STATU- TORY LIMITS OTH- ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $500,000 i EL. DISEASE-POLICY LIMIT $500,000 i E.L. DISEASE-EA EMPLOYEE $500,000 i OTHER I I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: #5837 1 . . i CERTIFICATE IIOLDER CANCELLATION City ot Ywaarvick, akima : Attnchris SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION I' DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL - 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, i Publ i c Works Di rector OF ANY KLND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1 2301 Fruitvale Blvd Yakima WA 98902 USA AUTHORIZED REPRESENTATIVE I ct-,),Att.,4 29-11..4_12_42-t—itGLYY-1Q...“--• i ACORD 25-S (7/97) . . ,. , % r.,._, . ACORD CORPORATION 1988 1 Hnider Identifier 570009789293 DATE(MM/DD/YYYY) I ACORD.CERTIFICATE OF LIABILITY INSURANCE 06/16/2005 PRODUCER Aon Risk Services, Inc. of Oregon 1211 S.w. 5th Avenue Sui to 600 Portl and OR 97204-3799 USA PHONE -(503) 224-9700 FAX -(503) 295-0923 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Kittelson & Associates, Inc. Catalina Engineering Inc Attn: Elizabeth Kurtz 610 Sw Alder St #700 Portland OR 972050000 USA INSURER A. St Paul Fire & Marine Insurance Co. 24767 INSURER B: INSURER C. INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD\YY) POLICY EXPIRATION DATE(MM\DD\YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PRECLAIMS EXP one — MADE El OCCUR (Any(E person) MED EXP one person) MED PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ® LOC PRODUCTS - COMP/OP AGG ❑ JECT AUTOMOBILE — LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY ( Per person) HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT s ANY AUTO OTHER THAN EA ACC _ AUTO ONLY AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE L_ ION RETENTION A WORKERS COMPENSATION AND BW02114592 07/ 1/05 0//O1/U6 X WC STATU- TORY LIMITS OTH- ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $500,000 ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $500,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $500,000 OTHER 1 1 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEI-IICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: #5837 • CERTIFICATE HOLDER CANCELLATION ci ty of Yaki ma Attn: Chris Waarvi ck, Public works Di rector SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TI -IE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TFIE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 2301 F rui tval e Blvd OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES Yakima 98902 wA USA AUTHORIZED REPRESENTATIVE �- l ,, ,P-t-S.J.a_zz-fLI'y1Q-.Gc� i ACORD 25 (2001/08) ACORD CORPORATION 1988 Holder Identifier ACORD. CERTIFICATE OF LIABILITY INSURANCE, DATE 05/ 9i 00 ) PRODUCER Aon Risk Services, Inc. of Oregon 1211 5. W. 5th Avenue Sui to 600 Portl and OR 97204-3799 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE -(503) 224-9700 FAX (503) 295-0923 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. Fidelity & Guaranty Ins U/W 25879 Kittelson & Associates, Inc. 610 SW Alder, #700 INSURERS: United states Fidelity & Guaranty Co. 25887 Portland OR 972050000 USA INSURER C. INSURER D - INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD\YY) POLICY EXPIRATION DATE(MM\DD\YY) LIMITS A �GENERAL 1 " - I LIASH rrY COMMERCIAL GENERAL CLAIMS MADE X LIABILITY OCCUR BK02089995 06/03/05 06/03/06 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occure $300.000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: X POLICY ® PRO- ❑ LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 B AUTOMOBILE X ® ® o ® LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS BA02090020 06/03/05 06/03/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ❑ ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG EXCESS /UMBRELLA LIABILITY OCCUR CLAIMS MADE ADEDUCTIBLE RETENTION EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- TORY LIMITS OTH- ER EL EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT OTHER •DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: #5837. certificate holder, its elected officials, officers, agents and employees are included as additional insureds i CERTIFICATE HOLDER CANCELLATION ■ ci ty of Yakima Attn : Chris waarvi ck , PU bl i c Works Di rector SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL i 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ■ BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 1 2 301 F rui tval a Blvd OF ANY KIND UPON THE INSURED ITS AGENTS OR REPRESENTATIVES. Yakima WA 98902 USA 1 i AUTHORIZED REPRESENTATIVE ,:f4 -_4��.lc.0-�T wLI'NlLLFc_� i L. ACORD 25 (2001/08) ACORD CORPORATION 1988 i Holder Identifier : POLICY NUMBER: BK02089995 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Narne ofPerson ©i' Organization: City of Yakima, its elected officials, officers, agents and employees (If no entry appears above, infoiivation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 1T) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 DATE (MM/DD/YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/01/2006 PRODUCER Aon Risk services, Inc, of Oregon 1211 S . w. 5th Avenue Suite 600 Portl and OR 97204-3799 USA PHONE • (503) 224-9700 FAX- (503) 295-0923 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Kittelson & Associates, Inc. 610 Sw Alder, #700 Portland OR 972050000 USA INSURER A. Fidelity & Guaranty Ins u/w 25879 INSURERS: united states Fidelity & Guaranty co. 25887 INSURER C. INSURER 13 - INSURER INSURER E: ICOVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD\YY) POLICY EXPIRATION DATE(MM\DD\YY) LIMITS A GENERAL LIABILII"Y BK02089995 06/03/06 06/03/07 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurence) $300, 000 CLAIMS MADE X OCCUR MED EXP (Any one person) $10,000 _ PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 X GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- ❑ LOC PRODUCTS - COMP/OP AGG $2,000,000 JECT B AUTOMOBILE X LIABILITY ANY AUTO BA02183274 06/03/06 06/03/07 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 — ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY ( Per person) HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC _ AUTO ONLY AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE OCCUR ❑ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND WC STATU- TORY LIMITS OTH- ER EMPLOYERS' LIABILITY EL EACH ACCIDENT ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE 0 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT al OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project #5837. Certificate holder, its elected officials, officers, agents and employees are included as C additional insureds i CERTIFICATE HOLDER CANCELLATION city of Yaki ma Di Community • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION d DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL "4 Attn : Bill Cook, rector of & Economic Devel oopment 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, i •129 N 2nd street e �� -.- . - - g Yakima wA 98901 USA - - N AUTHORIZED REPRESENTATIVE e _. `_ _ ��1-,Lry1Qe4_,. ACORD 25 (2001/08) - ACORD CORPORATION 1988 - Holder Identifier : MI DATE(MM/DD/YYYY) A CORDTM CERTIFICATE OF LIABILITY INSURANCE 06/28/2006 PRODUCER 121 Risk Services, Inc. of Oregon 1211 S.W. 5th Avenue Sui to 600 Portl and OR 97204-3799 USA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE •(503) 224-9700 FAX -(503) 295-0923 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. St Paul Fire & Marine Insurance Co. 24767 Kittelson & Associates, Inc. 610 SW Alder, #700 INSURER II Portland OR 972050000 USA INSURER C. INSURER D INSURER E: ICOVERAGES 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD\YY) POLICY EXPIRATION DATE(MAI\UD\YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE I1 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurence) CLAIMS MADE [J OCCUR MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE ❑ GENL AGGREGATE LIMIT APPLIES PER: POLICY ❑ LOC PRODUCTS - COMP/OP AGG JPRO- CT AUTOMOBILE — LIABII.ITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY ( Per person) HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC _ AUTO ONLY AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE ❑ OCCUR ❑ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION A WORKERS COMPENSATION AND Bw02114592 07/01/06 01/01/0/ X WC STATU- TORY LIMITS OTH- ER EMPLOYERS' LIABII,ITY E.L EACH ACCIDENT $500,000 = ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $500, 000 1 ■ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $500,000 OTHER :1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/HXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project #5837 E CERTIFICATE MOLDER CANCELLATION j city of Yakima Attn: Bill Cook, Director of Community & Economic Develoopment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION n DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL g 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, a BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 129 N 2nd Street ." Yakima WA 98901 USA a AUTHORIZED REPRESENTATIVE43.4144 �I-4- . iL!'YILLc_.. i ACORD 25 (2OO1IO8} ACORD CORPORATION 19881 Holder Identifier :