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.
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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)
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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
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PROFESSIONAL SERVICES AGREEMENT
City of Yakima - Kittelson & Associates, Inc.
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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
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PROFESSIONAL SERVICES AGREEMENT
City of Yakima - Kittelson & Associates, Inc.
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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
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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
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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
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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
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STAFF RECOMMENDATION: Adopt Resolution
BOARD RECOMMENDATION:
COUNCIL ACTION:
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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
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