HomeMy WebLinkAboutR-1997-138 Riverside Shopping Mall•
RESOLUTION NO. R-97- 138
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute a professional services
contract with Kittelson & Associates, Inc., a transportation
planning and traffic engineering firm, to provide an
independent, third -party review of a traffic study proposed as
part of the environmental study for the Riverside Shopping
Mall.
WHEREAS, the City has duties under the State Environmental Policy Act
to consider the environmental effects of the proposed rezone for the Riverside
Shopping Mall in the vicinity of North 16th Avenue and State Route 12; and
WHEREAS, the rezone applicant has submitted materials including a
traffic study upon which the Environmental Impact Statement to be issued by
the City may be based; and
WHEREAS, it is in the best interests of the City that an independent
third party review the traffic study submitted by the rezone applicant in order
to assist the City in determining the traffic impacts of the proposed rezone and
regional shopping mall; and
WHEREAS, it is in the best interest of the City of Yakima to enter into a
contract with Kittelson & Associates, Inc., for professional services in
accordance with the terms and conditions of the attached contract; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated contract with
Kittelson & Associates, Inc., for professional services for an independent third
party review of the applicant's traffic study concerning the environmental
effects of the proposed rezone for the Riverside Shopping Mall.
ADOPTED BY THE CITY COUNCIL this day of November, 1997.
ATTEST:
Lynn Buchanan, Mayor
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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.
• 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.
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PROFESSIONAL SERVICES AGREEMENT
City of Yakima - Sittelson & Associates, Inc. Page 1 of 5
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 $20,000. The work will be done on a time -and -materials basis with an
upset limit not to exceed $20,000 without prior authorization, from the City.
The billing rates for Kittelson & Associates, Inc. staff are as follows:
Staff Billing Rate
Senior Principal $150
Principal Engineer/Planner $130
Associate Engineer/Planner $110
Senior Engineer/Planner $95
Engineer/Planner $75
Transportation Analyst $60
Senior Technician $65
Technician $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 (add'l driveways)
Parking/Driveway Count (2 hr) $75
Parking/Driveway Count (3 hr) $110
Misc. Traffic Count Services—Technician $35/hr
Black & White Plot (standard) $8.50
Full Color Plot (standard) $20
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.
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PROFESSIONAL SERVICES AGREEMENT
City of Yakima - Kittelson & Associates, Inc.
Page 2 of 5
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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
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.
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PROFESSIONAL SERVICES AGREEMENT.
City off Yakima - Kittelson & Associates, Inc.
Page 3 of 5
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 ,performance and/or nonperformance of 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
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 otherwiseherein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY: TO KITTEISON:
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.
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PROFESSIONAL SERVICES AGREEMENT
City of Yakima - Sittelson & Associates, Inc. Page 4 of 5
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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: KITT ON & ASSOC • ES
INC.
By: 1511111 JE1111■►001
Y
R. A. Zais, Jr., City Manager
Clerk
City Contract No. / 7- 103 Resolution No. —9 %-133
STATE OF oroncAA
) :ss.
County of mu trlarviac,� . ) 99 S
On this a i day of Sa nwv , 1.99-7, before me the undersigned, a
Notary Public in and for the State of orn, duly commissioned
and sworn; personally appeared Luo- t IC. !L 4e -ism/ -
the Se h t ov- P vudi u.pa--f of Kittelson & Associates, Inc., a
traffic engineering firm, and who executed the foregoing instrument, and
acknowledged to me that he/she signed and sealed the said instrument as
his/her free and voluntary act and deed for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the day and year in
Printed name: L s& A-, gvUvo --)
NOTARY PUBLIC in and for the State of
residing at .9'3-01 s € to 4A rh-.-&-oet,-(-Lc..e' tat
My commission expires: SP.(- ) , zoo(
Wayne K Kittelson, P
�- Zi- 7r
DATE:
this certificate above written.
OFFICIAL SEAL
MELISSA A BOURQUEIN
NOTARY PUBLIC • OREGON
COMMISSION NO. 304385
MY COMMISSION EXPIRES SEPT. 1, 2001
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PROFESSIONAL SERVICES AGREEMENT
City of Yakima - Kittelson & Associates, Inc.
Page 5 of 5
EXHIBIT "D"
SCOPE OF PROJECT:
REVIEW OF ENVIRONMENTAL IMPACT STATEMENT
CITY OF YAKIMA, WASHINGTON
Department of Community and Economic Development
129 North Second Street, Yakima, WA 98901
Staff Contacts : Shelley Willson (Fax: 509/575-6238)
Joan Davenport (Fax:509/575-6105)
1. PURPOSE:
The City of Yakima, Washington is processing an application for a
rezone of 89 acres from M-1, Light Industrial to LCC, Large
Convenience Center zoning to facilitate the development of a
proposed shopping center. This development was required by the
City to submit an Environmental Impact Statement. The purpose of
this PROJECT is to hire an independent reviewer of a Final Draft
Environmental Impact Statement (prepared under the provisions of
the Washington State Environmental Policy Act).
The Draft Environmental Impact Statement was prepared by an
professional consultant and received significant public comment. The
City of Yakima, Washington wishes to evaluate the adequacy of the
Environmental Impact Statement prior to release of the final
document for public review.
Of specific concern are proposed traffic mitigation measures relative
to the project.' Independent analysis is desired to determine which
measures are justified and related to the project impacts.
Representation during the public hearing process for the City of
Yakima by a licensed professional engineer with transportation
planning and engineering expertise is also requested as part of this
project.
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2. TENTATIVE SCHEDULE
This proposed schedule is subject to revision, but represents the
approximate timelines for completion of this project.
Project Record Transmitted
Meet with City and Applicant
Submit Written Findings
Public Hearing on Rezone
Council Meeting on Rezone
October 24, 1997
November 12, 1997
November 17,. 1997
December 1997
January, 1998
3. DEVELOPMENT PROJECT INFORMATION
The City will provide to the selected consultant a copy of the entire
public record related to this matter for independent' review. The
record includes the application for rezone, environmental review
documents, public comments and related materials.
4. REQUIRED CONSULTANT PRODUCT
Written recommendations related to the adequacy of the
Environmental Impact Statement must be submitted to the City of
Yakima. This analysis should include specific citations to the
proposed Environmental Impact Statement and responses to the
public comments received on the draft EIS. Particular attention is
necessary with respect to traffic mitigation.
In addition, the consultant will be requested to attend the following
meetings:
1. A meeting with the City staff, rezone applicant and his
representatives to discuss findings.
2. Public Hearing conducted by the Yakima Urban Area
Hearing Examiner to present findings.
3. City Council Public Meeting to review; recommendation by
the Hearing Examiner.
5. Project Implementation
The consultant will provide the City of Yakima a project cost and
draft contract to execute this project. The City reserves the right to
modify the project if the contract cost is prohibitive.
10-2?-rocT 27 r' 11:5441 .1CITY'OF PIJBL "wORKS'DOt" yv�� vvv P.3i7
1�
October 27, 1997
KITTELSON & ASSOCIATES, INC.
TRANSPORTATION P .ANNINGRRAFFIC ENGINEERING � v343163e}o
SN ALDER SURw
E 700 • PORrua OR 97206 (503) gnaw itAx •
Project #: 2863P
Shelley Willson•_
City of Yakima Public Works Dcpnrcmcnt
2301 Fruitvale Blvd.
Yakima, WA 98902
RE: Review of Rivaiside Shopping Mall Environmental Impact Stattmeal (EIS) — Yakima,
WA
Dear Shelley;
Attached is a proposal for transportation engineering services associated with review of the traffic
srudy portion of the Environmental Impact Statement (EIS) prepared for the Riverside Shopping
Mall located in Yakima, Washington. hxhibit "A" identities our proposed scope of work for the
project. This scope was developedbased on conversations with you and the October 22, 1997 memo
from the City of Yakima Planning Departmeatentitled, "Scope of Project; Review of Environmen'
Impact Statement."
We estimate the cost of our work effort to be approximately S15,000 to S20,000. This estimate
includes our attendance at three meetings: a meeting with the City and app1leant, thdpublic hearing.
and a City Council meeting. We propose to conduct the work on a time -and -materials basis with
an upset limit not to exceed S20,000 without prior authorization. With respect to project schedule.
we can commit to having a report describing our findings ready for your review by November 17,
1997.
I will serve as the Project Manager and Wayne Kittelson will serve ash ProjectcontractualPrincipal� can be
senior review and quality assurance,- Any questions of
directed to either Wayne or mc. '
Please review this proposal at your earliest convenience. If the agreement is satisfactory, please
return one signed copy. Thank you for the opportunity to propose on this project. In the meantime,
if you have any questions please do not hesitate to call.
Sincerely,
KITTELSON & ASSOCIATES, INC.
ie A. Kuhn
Senior Engineering Associate
FILE NAME: H:IPROWILE‘21163 863PRDP.V►rP.D .
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / J
For Meeting Of November 4. 1997
ITEM TITLE: Contract with Kittleson Engineering for Professional Services to
Review Draft Environmental Impact Statement for Proposed R)verside Shopping
Center
SUBMITTED BY: Glenn Valenzuela, Director
Community and Economic Develop
CONTACT PERSON/TELEPHONE:
Joan Davenport, Supervising Planner
(575-6164)
Shelley Willson, Supervising Traffic
Engineer (575-6430)
SUMMARY EXPLANATION:
The City proposes to 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. Of particular concern
are the findings of the Traffic Impact Analysis submitted by the applicant and related
mitigation measures. Independent review of the record will provide an unbiased and
professional assessment of the record. The contract will not exceed $20,000.
Resolution X Ordinance_ Contract Other (Specify)
Funding Source
. n 11110-11 ,.,•
APPROVAL FOR SUBMITTAL:
1
City Manager
STAFF RECOMMENDATION: Authorize the City manager to execute the enclosed
contract
BOARD RECOMMENDATION:
COUNCIL ACTION:
Review of Riverside Shopping Mall EIS - Yakima, WA
November 7, 1997
Project 2863P
Page 1 of 4
AUTHORIZATION FOR
PROFESSIONAL SERVICES
November 7, 1997
Kittelson & Associates, Inc.
610 SW Alder Street, Suite 700
Portland, OR 97205
The City of Yakima with an office at 129 North Second Street, Yakima, WA, 98901, hereby requests
and authorizes Kittelson & Associates, Inc. to perform the services as described in Exhibit "A" to
this authorization for the compensation as described in Exhibit "B," subject to all of the provisions
described in Exhibit "C." These specified attachments are included by reference in this
authorization.
Approved for
City of Yakima
B \\:-
Title tLilt
Date
Accepted for
Kittelson & Associates, Inc.
By ,(/
vi tlr Title
KAI Project Manager: Julia A. Kuhn
Date
1/7/77
Kittelson & Associates, Inc. Portland, Oregon
Review of Riverside Shopping Mall EIS - Yakima, WA
November 7, 1997
Project 2863P
Page 2 of 4
EXHIBIT "A"
SCOPE OF WORK
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 our 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 14, 1997.
• Attend a public hearing conducted by the Yakima Urban Area Hearing Examiner to
present the results of our review of the EIS.
• Attend a City Council and Public Meeting to discuss the findings of the review.
This scope does not include preparatory time (graphics and handouts) or attendance time for
any additional meetings than the three identified in Task D. All client requests for additional
presentations and meetings of this nature will be accommodated on a time-and-materialsbasis
and will be considered out -of -scope work.
Kittelson & Associates, Inc. Portland, Oregon
Review of Riverside Shopping Mall EIS - Yakima, WA
November 7, 1997
Project 2863P
Page 3 of 4
EXHIBIT "B"
COST ESTIMATE/LABOR REQUIREMENT
It is estimated that the cost to complete the project will not exceed $20,000. The work will be done
on a time-and-materialsbasis with an upset limit not to exceed $20,000 without prior authorization
from the client. 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
Office Support
Billing Rate
$150
$130
$110
$95
$75
$60
$65
$55
$45
Kittelson & Associates, Inc. standard traffic counting and reproduction service rates are as follows:
Service
Turn Count (2 hr)
Turn Count (3 hr)
Bi -Directional driveway count (5 -day)
Parking/Driveway Count (2 hr)
Parking/Driveway Count (3 hr)
Misc. Traffic Count Services—Technician
Black & White Plot (standard)
Full Color Plot (standard)
Blueprints
Billing Rate
$75.00/person
$110.00/person
$450.00 (first driveway)
$160.00 (add'1. driveways)
$75.00
$110.00
$35.00/hr
$8.50
$20.00
$.15/sq. ft.
Kittelson & Associates, Inc. Portland, Oregon
Review of Riverside Shopping Mall EIS - Yakima, WA
November 7, 1997
Project 2863P
Page 4 of 4
EXHIBIT "C"
PROVISIONS
1. General: In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the
remaining provisions contained herein shall not be impaired thereby
2. Authorization to Proceed: Signing this form shall be construed as authorization by CLIENT for KITTELSON &
ASSOCIATES, INC. to proceed with the work, unless otherwise provided for in the Authorization.
3. Direct Expenses: KITTELSON & ASSOCIATES, INC.'s Direct Expenses shall be those costs incurred on or directly for the
CLIENT'S Project, including but not limited to necessary transportation costs including mileage at KITTELSON &
ASSOCIATES, INC.'s current rate when its automobiles are used, meals and lodging, computer services, word processing
services, telephone, printing, and binding charges. Reimbursement for these Expenses shall be on the basis of actual charges
plus five percent when furnished by commercial sources and on the basis of usual commercial charges when furnished by
KITTELSON & ASSOCIATES, INC.
4. Outside Services: When technical, professional, or clerical services are provided by an outside source, when approved by
CLIENT, an additional five percent shall be added to the cost of these services for KITTELSON & ASSOCIATES, INC.'s
administrative costs.
5. Cost Estimate: Any cost estimates provided by KITTELSON & ASSOCIATES, INC. will be on a basis of experience and
judgement, but since it has no control over market conditions or bidding procedures KITTELSON & ASSOCIATES, INC.
cannot warrant that bids or ultimate construction costs will not vary from these cost estimates.
6. Professional Standards: KITTELSON & ASSOCIATES, INC. shall be responsible, to the level of competency currently
maintained by other practicing professional engineers in the same type of work in CLIENT'S community, for the professional
and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished
under this Authorization. KITTELSON & ASSOCIATES, INC. makes no other warranty, express or implied.
7. Termination: Either CLIENT or KITTELSON & ASSOCIATES, INC. may terminate this Authorization by giving 30 days
written notice to the other party. In such event, CLIENT shall forthwith pay KITTELSON & ASSOCIATES, INC. in full for
all work previously authorized and performed prior to effective date of termination. If no notice of termination is given,
relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements
of this Authorization.
8. Arbitration. All claims, disputes, and other matters in questions arising out of, or relating to, this Authorization or the breach
thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining.
Either CLIENT or KITTELSON & ASSOCIATES, INC may initiate a request for such arbitration, but consent of the other
party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization may include, by
consolidation, joinder, or in any other manner, any additional party not a party to this Authorization.
9. Legal Expenses: In the event legal action is brought by CLIENT or KITTELSON & ASSOCIATES, INC. against the other to
enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the
losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court.
10. Payment to KITTELSON & ASSOCIATES. INC.. Monthly invoices will be issued by KITTELSON & ASSOCIATES, INC.
for all work performed in excess of the retainer amount under the terms of this agreement. Invoices are due and payable within
30 days of receipt.
Interest at the rate of 1.5 percent per month will be charged on all past -due amounts, unless not permitted by law, in which case,
interest will be charged at the highest amount permitted by law.
11 Limitation of Liability: KITTELSON & ASSOCIATES, INC.'s liability to the CLIENT for any cause or combination of causes
is, in the aggregate, limited to an amount no greater than the fee earned under this Agreement.
12. Jurisdiction and Venue: Any lawsuit to enforce or interpret this agreement shall be commenced and litigated in either (1) one
of the state courts located in Multnomah County, Oregon, or (2) the Portland branch of the United States District Court for the
District of Oregon, and CLIENT consents to jurisdiction in Oregon for any such lawsuit.
13. Oregon Law: The rights and liabilities of the parties to this agreement shall be governed by the laws (without regard to choice
of law rules) of the state of Oregon.
Kittelson & Associates, Inc. Portland, Oregon