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HomeMy WebLinkAboutR-1998-080 Kittleson Engineering Services• RESOLUTION NO. R-98- 80 A RESOLUTION authorizing the City Manager to execute a contract extension with Kittleson Associates Engineering. WHEREAS, the Yakima City Council entered into a contract with Kittleson Associates Engineering, a professional engineering firm on November 4, 1997; and WHEREAS, the purpose of this contract was to conduct an independent technical review of the traffic data and related issues in the Final Draft Environmental Impact Statement submitted for Riverside Mall ; and WHEREAS, independent review of this complex and significant proposal has been beneficial to the City in the assessment of the impacts and necessary mitigation; and WHEREAS, continued technical review of the Final Environmental Impact Statement is also requested by Kittleson Associates, as well as testimony in the public hearing process; WHEREAS, the best interests of the City of Yakima are served by authorizing the City Manager to amend the contract with Kittleson Associates; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an amendment to the Agreement Contract with Kittleson Associates for the sole purpose of increasing the maximum contract amount from $20,000 to $41,000. ADOPTED BY THE CITY COUNCIL this 2nd day of June ,1998 TTEST: ctinCity Clerk John Puccinelli, Mayor PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Kittelson & Associates, Inc., a transportation planning and traffic engineering firm (hereinafter "Kittelson"). WHEREAS, the City requires third -party review of a traffic study proposed as part of the environmental study for the Riverside Shopping Mall. WHEREAS, Kittelson represents that it has the expertise necessary to perform the services required by the City. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Kittelson as follows: 1. Scope of Services. Kittelson shall perform the following services in conjunction with its review of the traffic study: A. Compilation and Review of EIS Documents Compile all public records relevant to the project, including the traffic study portion of the EIS, all supporting documents to the EIS, and all public comments. Review the traffic study portion of the EIS with particular attention to the study methodology and analysis procedures. Compare study methodology and procedures with standard traffic engineering practice and City of Yakima standards. Review all public comments regarding the traffic study portion of the EIS. B. Independent Analysis If study methodology used in EIS is determined to have deviated from standard traffic engineering practice or City of Yakima standards, perform an independent analysis of appropriate portions of EIS traffic study. If necessary, determine the appropriate mitigations based on the independent analysis and how they differ from the mitigations proposed in the EIS. C. Report of Findings Produce a report (including text, figures, and tables) which summarizes the results of Tasks A and B. The report will be divided into two sections: a discussion on the findings of Kittelson's review of the EIS traffic study, and a discussion of the response to public comments. D. Meetings Attend a project -related meeting with the City of Yakima staff and the rezone applicants on November 12, 1997. Power HD:Desktop Polder:EIS traffic review k amend.rtf 12/30/98 14:50 PM PROFESSIONAL SERVICES AGREEMENT City of Yakima - Kittelson & Associates, Inc. Page 1 of 5 Attend the public hearing conducted by the Yakima Urban Area Hearing Examiner (December 1997) to present the results of Kittelson's review of the EIS. Attend the City Council Public Meeting in January 1998. Preparatory time (graphics and handouts) or attendance time for any meetings in addition to the three identified in Task D are not included in this scope of service. 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at the time of completion of all services/tasks required hereunder. The Report of Findings, Scope of Services Task C, shall be ready for City review by November 17, 1997. 3. Consideration. The City agrees to compensate Kittelson for the services rendered hereunder as follows: COST ESTIMATE/LABOR REQUIREMENT The cost to complete the project as described by the scope of services will not exceed $41,000. The work will be done on a time -and -materials basis with an upset limit not to exceed $41,000 without prior authorization from the City. The billing rates for Kittelson & Associates, Inc. staff are as follows: Staff Senior Principal Principal Engineer/ Planner Associate Engineer/ Planner Senior Engineer/ Planner Engineer/ Planner Transportation Analyst Senior Technician Technician Billing Rate $150 $130 $110 $95 $75 $60 $65 $55 Office Support $45 Kittelson & Associates, Inc. standard traffic counting and reproduction service rates are as follows: Service Billing Rate Turn Count (2 hr) $75/person Turn Count (3 hr) $110/person Bi -Directional driveway count (5 -day) $450 (first driveway) $160 Parking/Driveway Count (2 hr) Parking/ Driveway Count (3 hr) Misc. Traffic Count Services—Technician Black & White Plot (standard) Full Color Plot (standard) Power HD:Desktop Folder:EIS traffic review k amend.rtf 12/30/98 14:50 PM PROFESSIONAL SERVICES AGREEMENT City of Yakima - Kittelson & Associates, Inc. (add'l driveways) $75 $110 $35/hr $8.50 $20 Page 2 of 5 Blueprints $0.15/ sq.ft. 4. Additional Services and Changes. During the term of this Agreement, the City may require additional services and/or changes to the scope of the services provided by Kittelson under this Agreement. The City shall provide Kittelson with written notice of such additional services and/or changes. Any City requests for additional presentations and meetings like those included in Scope of Services Task D will be accommodated on a time -and -materials basis. 5. Status of Kittelson. Kittelson and the City understand and expressly agree that Kittelson is an independent contractor in the performance of each and every part of this Agreement. Kittelson and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 6. Authorization to Proceed. Execution of this agreement shall be construed as authorization for Kittelson to proceed with the services. 7. Direct Expenses. Kittelson's Direct Expenses shall be those costs incurred on or directly for the City's project, including but not limited to necessary transportation seats including mileage at Kittelson's current rate when its automobiles are used, meals and lodging, computer services, word processing services, telephone, printing, and binding charges. Reimbursement for these expenses shall be on the basis of tactual charges plus five per cent when furnished by commercial sources and on the basis of usual commercial charges when furnished by Kittelson. 8. Outside Services. When technical, professional or clerical services are provided by an outside source, when approved by the City, an additional five percent shall be added to the cost of these services for Kittelson's administrative costs. 9. Professional Standards. Kittelson shall be responsible, to the level of competency currently maintained by other practicing professional engineers in the same type of work in Washington, for the professional and technical soundness, accuracy, and adequacy of all work and materials furnished under this agreement. Kittelson makes no other warranty, express or implied. 10. 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. 11. 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 Power HD:Desktop Folder:E1S traffic review k amend.rtf 12/30/98 14:50 PM PROFESSIONAL SERVICES AGREEMENT City of Yakima - Kittelson & Associates, Inc. Page 3 of 5 presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 12. Compliance With Law. Kittelson agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 13. No Insurance. It is understood the City does not maintain liability insurance for Kittelson and/or its employees. 14. Indemnification and Hold Harmless. Kittelson agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) resulting from Kittelson's negligence or willful misconduct in connection with this Agreement. 15. 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. 16. 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. 17. Termination. The City or Kittelson may terminate this Agreement, with or without cause, by giving the other party ten (10) days' written notice of termination. 18. 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. 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 no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions Power HD:Desktop Polder:EIS traffic review k amend.rtf 12/30/98 14:50 PM PROFESSIONAL SERVICES AGREEMENT City of Yakima - Kittelson & Associates, Inc. Page 4 of 5 to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 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: City Traffic Engineer Julie A. Kuhn Public Works Department Project Manager 2301 Fruitvale Blvd. Kittelson & Associates, Inc. Yakima, WA 98902 610 S.W. Alder, Suite 700 Portland, OR 97206 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 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. 22. This agreement supercedes all previous agreements. CITY OF YAKIMA: KITTELSON & ASSOCIATES, INC. By: R. A. Zais, Jr., City Manager DATE: _ `i cl ATTEST: Ka) --------- City Clerk City Contract No. q STATE OF ovrecov - : ss. County of nu t nom L -t By: Wayne r K. Kittelso Principal DATE: 9 On this 618' day ofta-t, , 1998, before me the undersigned, a Notary Public in and for the State of D Ae()ft4 L' , duly commissioned and sworn, personally appeared LOceL ee t ' , the nt-1 of Kittelson & Associates, Inc., a traffic engineering firm, and who executed the foregoing instrument, and Power HD:Desktop Folder:EIS traffic review k amend.rtf 12/30/98 14:50 PM PROFESSIONAL SERVICES AGREEMENT City of Yakima - Kittelson & Associates, Inc. Page 5 of 5 626. ackno ledged to me that hetstre signed and sealed the said instrument as his et free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Printed name: mal,,A Ro.)01tdetr, NOTARY PUBLIC in and for the State of O vie tip.' residing at "ih,+. L07iA,;,L-e. 012_ My commission expires: 9/icr rye Power HD:Desktop Folder:EIS traffic review k amend.rtf 12/30/98 14:50 PM PROFESSIONAL SERVICES AGREEMENT City of Yakima - Kittelson & Associates, Inc. ORI:IGIAI. SEAL 'LISSA. A BOURQULiN NOTARY PUBLIC - OREGON COMMISSION NO. 304385 COMMISSION EXPIRES SEPT. 1, 1 Page 6 of 5 • •... • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of June 2. 1998 ITEM TITLE: Resolution Authorizing Contract Extension with Kittleson Engineering for Professional Services SUBMITTED BY: Glenn Rice, Acting Director Community and Economic Development CONTACT PERSON/TELEPHONE: Don Skone, Planning Manager (575-6163) Shelley Willson, Supervising Traffic Engineer (575-6430) SUMMARY EXPLANATION: On November 4, 1997 the City of Yakima entered into a contract with a Professional Engineering firm (Kittleson Associates, Portland, Oregon) to conduct an independent review of the Final Draft Environmental Impact Statement submitted for Riverside Mall. A total of $20, 000 was authorized for the review. Independent review of this complex and significant issue has been beneficial to the City in the assessment of the impacts and necessary mitigation. The initial funding has been spent for the review of the Draft EIS and technical meetings with the applicant. Additional funding is requested in order to review the Final EIS and for Kittleson's testimony in the public hearing process of the rezone application. The contract amendment is to increase the maximum amount from $20,000 to $41,000. Resolution ZC Ordinance_ Contract Other (Specify) Cost Estimate Funding Source_ Contingency Fund APPROVAL FOR SUBMITTAL:\^Z , -City Manager • STAFF RECOMMENDATION: Adopt Resolution BOARD RECOMMENDATION: COUNCIL ACTION: • • 05-28-08 01:57PM FROM YITTELSON 6 ASSOC. TO 15005756105 P001/002 1//// . KITTELSON & ASSOCIATES. INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING \ \ 610 SW ALUtH, 3uITE 700 • PORTLAND, OR 97205 • 1503) 226 6230 • FAx 0103) 273-q'FO MEMORANDUM Date: May 28, 1098 Project #: 2863 To: Joan Davenport Of: City of Yakima [via tax: 509.575 -WS From: Julia Kuhnrjll-/ Project: Riverside Mall EIS Subject: Project Budget Pursuant to your request, we have developed nn estimate for the additional work that still needs to be conducted for the Riverside Mall EIS Rcview. Based on our best estimate of the review process. we estimate that our work will require an additional 521.000. This includes attendance at three. public hearings/meetings, one meeting with the applicant and City staff, and a final review nt the transportation impact study. plus $4,000 in out -of -scope work that we have conducted to -date. The following presents it sunuiiary of the work that we have conducted: Initial Review u(Auxu.St 1997 Study Reviuw of U'1C's August 1907 study and preparation of letter: to Dirk Zak et al sutu)nat'izing results .of rcvicw (S8,640) Attendance at meeting with City staff nn November 14. 1997 (S2,5O(I including travel expenses) • Attendance at meeting with City staff and Applicant on November 25. 1497 ($2,520 including travel expenses) • Participation in Conference Call with City staff on December 3. 1941 and submittal of official letter of rcvicw for record ($160) Interim Review of Documentation from IPE (January March) • Review of documentation and correspondence with applicant (S1 Int)) A iiendance at March 4, 1998 Update Meeting (Out -of Scope Work) • Preparation of later to Dick Zais et al regarding present .latus of neview and preparation for March 4th meeting (S600) Attendance at meeting with City 'staff and applicant on March 4 to Yakima (S990 including travel expenses) F1t.P.AIAMF.:lhrtioi II.li\28631(:tKRLSW2R1U.MEM Ut-'26ASSUL. c.Rbcipront» May 28, 1998 1U 15UUbfbb1Ub r U U U1.1C Project, <qp> Hoge: 2 Review of March 1997/April 1998 Study • March 20, 1448 meeting with 1PF. in Portland ($1,060) • April R, 1998 conference call with WE (S250) • Review of documentation and correspond ence with applicant and city staff (S4,900) Miscellaneous copy, fax, telephone, etc. charges throughout duration of project (S275) Our total expenses are S2/1,000 to -date. We have invoiced The city for $19,083. Please call me w discuss. We're looking forward to continue working with you on this project. Krnersof A A.'.vc i8t03. Inc, pnnlnnri. Orepon •