HomeMy WebLinkAbout07/15/2008 14 Barge-Chestnut Neighborhood Area Traffic Calming Study, Phase One, Contract with Kittelson & Associates. • BUSINESS OF THE CITY COUNCIL
YAIEMA, WASHINGTON
AGENDA STATEMENT
Item No. /it
For Meeting: July 15, 2008
ITEM TITLE: Consideration of Resolution authorizing and directing the City Manager and
the City Clerk of the City of Yakima to execute a Professional Services Contract with Kittelson &
Associates for . the purpose of preparing a Barge - Chestnut Neighborhood Area Traffic Calming
Study, Phase One
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Chris Waarvick, Director of Public Works
Joan Davenport, Supervising Traffic Engineer
SUMMARY EXPLANATION:
The City of Yakima proposes to utilize the services of a professional engineering firm to assist in
the preparation and public review Barge - Chestnut Neighborhood Area Traffic Calming Study,
Phase 1. On July 1, 2008 the Yakima City Council authorized staff to proceed with the study.
Attached is the Scope of Work and an estimate of $16,000 to prepare the study.
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Resolution X Ordinance _Contract X Other (Specify)
Funding Source: Streets and Traffic Division— Professional Services budget
APPROVAL FOR SUBMITTAL:
City Man. : er
STAFF RECOMMENDATION: Adopt the Resolution that authorizes execution of the contract.
BOARD RECOMMENDATION: Council Transportation & Transit Committee recommend this
project
COUNCIL ACTION:
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RESOLUTION NO. R 2008
A RESOLUTION authorizing and directing the City Manager to execute a professional services
agreement between the City of Yakima and Kittelson Engineering for the purpose
of preparing the Barge- Chestnut Neighborhood Area Traffic Calming Study,
Phase One
WHEREAS, the City of Yakima desires to engage Kittelson Engineering to perform engineering
design services on an independent contractor basis for the City of Yakima to prepare a study for Phase
One of traffic calming devices in the Barge - Chestnut Neighborhood Area; and
WHEREAS, Kittelson Engineering has the experience and expertise necessary to provide said
services and is willing to do so in accordance with the terms and conditions of the attached agreement;
and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
enter into the attached agreement with Kittelson Engineering for engineering design services,
now, therefore,
• BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and incorporated
professional services agreement with Kittelson Engineering for engineering design services for the
Barge- Chestnut Neighborhood Area Traffic Calming Project, Phase One.
ADOPTED BY THE CITY COUNCIL this 15 day of July, 2008.
ATTEST: Dave Edler, Mayor
City Clerk
K ITTELSON & ASSOCIATES, 9NC.
, y am , T R A N S P O R T A T I O N ENGINEERING / P L A N N I N G
ill 610 SW Alder Street, Suite 700, Portland, OR 97205 ° 503.228.5230 , ' 503.273.8189
June 24, 2008 Project #: 8952
City of Yakima
Joan Davenport
2301 Fruitvale Boulevard
Yakima, WA 98902 ,
RE: Proposal for Traffic Engineering Services, Barge- Chestnut Neighborhood Traffic
Calming, Yakima, WA
Dear Joan,
Attached is a proposal for transportation engineering services associated with developing a
traffic calming assessment and conceptual design plan for the Barge- Chestnut Neighborhood
in Yakima, Washington. Part "A" identifies our proposed scope of work for the project. This
scope was developed based on our previous discussions and familiarity with the Barge-
Chestnut Neighborhood Traffic Calming Petition.
Due to the nature of this project, we recommend that a one -phase approach be used to
complete the traffic calming assessment and preliminary design plan. We estimate the cost of
our work effort to be approximately $16,000. We propose to conduct the work on a time -and-
materials basis at our standard billing rates.
This proposal (scope of work, budget, and timeline) is effective for sixty days. I will serve as
the Project Manager and Julia Kuhn will serve as the Project Principal providing senior review
and quality assurance. Any questions of a technical or contractual nature can be directed to
either Julia or me.
0 Please review this proposal at your earliest convenience. If the agreement is satisfactory,
please return both signed copies. One fully executed copy will be returned for your records. If
you have any questions please call us at (503) 228-5230.
Sincerely,
KITTELSON & ASSOCIATES, INC.
Matt Hughart, AICP Julia Kuhn, P.E.
Senior Planner Principal Engineer
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1111 AUTHORIZATION FOR • P ROFESSIONAL SERVICES
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July 9, 2008
Kittelson & Associates, Inc.
610 SW Alder Street, Suite 700 _�
Portland, Oregon 97205
City of Yakima, with an office at 2301 Fruitvale Boulevard in Yakima, WA 98902 hereby
requests and authorizes Kittelson & Associates, Inc. to perform the services as described in
Part "A" - Scope of Work to this authorization and subject to all of the provisions described in
Part "B" Provisions including the compensation as described in Part B — Sections 12 and
15.
Part A - Scope of Work
Phase 1 — Traffic Calming Assessment and Conceptual Design
Task 1a - Petition and Base Data Review ($10,000)
This review is intended to provide the City of Yakima and the BCNA with an analysis of an
appropriate first phase of traffic calming for the neighborhood area. The intent of the City of
Yakima is to implement the neighborhood -wide proposal in several construction phases, as
0 deemed appropriate. Traffic circles are the preferred first phase device..
• Meet with BCNA representatives to discuss current traffic issues and the overall intent
of the proposed traffic - calming petition. The City of Yakima approach for this project is
to identify implementation phases for the neighborhood -wide petition.
• Visit the neighborhood study area and observe the existing traffic conditions and
locations for any previously identified traffic calming devices.
• Review the appropriateness of the proposed traffic calming devices in relation to the
following:
o Existing/future traffic volumes;
o Travel speeds; .
o Intersection and road segment crash histories;
o Street widths /grades;
o Driveway locations /on -street parking;
o Sight distance; and
o The overall neighborhood environment.
• Assess the traffic impacts of the proposed traffic calming devices with respect to
adjoining streets and neighborhoods, and make recommendations regarding the most
appropriate locations for an initial construction phase of traffic calming measures, with
a focus on feasibility of traffic circles or other low impact devices.
• • Provide a written assessment of the above noted task items.
In order to complete the initial review the following data will be provided by City staff.
• Average weekday traffic volumes and travel speed data for all major /continuous
east/west and north /south streets within the neighborhood study area.
• Three most recent years of crash data for all major intersections and roadway
segments within the BCNA.
• Base GIS mapping and aerial photography of the neighborhood study area.
• Intersection specific dimensions as requested.
Task 1 b. - Traffic Calming Measures Conceptual Design ($6,000)
This portion of the study includes a conceptual level design of the first phase traffic calming
devices. The preference by the City of Yakima for Phase One is construction of traffic circles in
appropriate locations. Other devices may be considered in this first phase, subject to review.
• Prepare a report that primarily includes conceptual level designs for a first phase of
traffic calming devices within the Barge - Chestnut Neighborhood Area. Using digital
aerial photography or CAD drawings as a base, prepare scaled, hand - sketched design
concepts of up to six different locations deemed appropriate for traffic calming devices.
Sketch concepts will depict plan level features and geometric design considerations,
including:
o Size and location of the traffic calming devices relative to property, right -of -way
(where information is available), and other geometric constraints.
o Alignment and/or channelization modifications to the existing roadway and
sidewalk network.
• Provide a recommendation for a specification for low cost and low maintenance traffic
circles.
• Provide an over -view of subsequent phases of construction for traffic calming devices.
This scope does not include preparatory time (graphics and handouts) or attendance
time for any public hearings or meetings. All client requests for additional presentations
and meetings of this nature will be accommodated on a time- and - materials basis and will
be considered out-of -scope work.
PART B — PROVISIONS
1) GENERAL: The terms and conditions set forth herein shall govem all Work subsequently
performed on behalf of CLIENT unless changed by a written agreement signed by
KITTELSON & ASSOCIATES, INC. In case any one or more of the provisions contained in
this Agreement shall be held illegal, the enforceability of the remaining provisions
contained herein shall not be impaired thereby.
2) LIMITATION OF LIABILITY: CLIENT AGREES THAT IN RECOGNITION OF THE
RELATIVE RISKS AND BENEFITS OF THIS PROJECT, KITTELSON & ASSOCIATES,
INC.'S AGGREGATE JOINT, SEVERAL AND INDIVIDUAL LIABILITY, WHETHER FOR
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PROFESSIONAL
MALPRACTICE OR STRICT LIABILITY SHALL BE LIMITED TO AN AMOUNT NO
GREATER THAN THREE TIMES THE FEES OBTAINED THROUGH THE
PERFORMANCE OF WORK REQUIRED BY THIS AGREEMENT. THIS PROVISION
SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
3) LIMITATION OF REMEDY: CLIENT COVENANTS THAT IT WILL NOT, UNDER ANY
CIRCUMSTANCES, BRING A LAWSUIT OR CLAIM AGAINST KITTELSON &
ASSOCIATES, INC.'S INDIVIDUAL EMPLOYEES, OFFICERS, DIRECTORS OR
SHAREHOLDERS AND THAT CLIENT'S SOLE REMEDY SHALL BE AGAINST
KITTELSON & ASSOCIATES, INC.
4) WAIVER OF CONSEQUENTIAL DAMAGES: NEITHER KITTELSON & ASSOCIATES,
INC. NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE
LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO FINES, PENALTIES,
LOST PROFITS, WHETHER SAID CLAIM IS BASED UPON CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER THEORY
OF LAW.
5) INDEMNITY: To the maximum extent allowed by law, CLIENT shall indemnify, reimburse,
hold harmless and defend (with counsel of KITTELSON & ASSOCIATES, INC.'s choice)
KITTELSON & ASSOCIATES, INC., its employees, officers, directors and agents from and
against all claims, losses, costs and expenses resulting from bodily injury or property
damage (with the sole exception that CLIENT will have no duty to indemnify KITTELSON &
ASSOCIATES, INC. from claims or losses to the extent those claims or losses arise from
the fault or negligence of KITTELSON & ASSOCIATES, INC. or its employees or agents).
6) ARBITRATION: CLIENT agrees that any claim or dispute arising out of these terms and
conditions on the Work performed by KITTELSON & ASSOCIATES, INC. shall be resolved
by binding arbitration before a single arbitrator in Portland, Oregon. If the parties cannot
agree on the selection of the arbitrator, each party shall submit the names of three
qualified arbitrators who have agreed to serve as arbitrator to the presiding judge of
Multnomah County who shall select the arbitrator. The arbitrator shall have at least 5 years
experience as a licensed civil engineer. The rights and liabilities of the parties to this
agreement shall be govemed by the laws (without regard to choice of law rules) of the
State of Oregon. As a condition precedent to serving a demand for arbitration, CLIENT
agrees that it will obtain a written certificate executed by an independent design
professional with similar experience on similar projects and licensed in the State of Oregon
certifying that KITTELSON & ASSOCIATES, INC. failed to meet the applicable standard of
care. Owner shall provide KITTELSON & ASSOCIATES, INC. with a copy of the Certificate
at least 30 days prior to serving a demand for arbitration.
7) DIRECT EXPENSES: KITTELSON & ASSOCIATES, INC.'s Direct Expenses shall be those
® costs incurred on or directly for the CLIENTS Project, including but not limited to necessary
transportation costs including mileage at KITTELSON & ASSOCIATES, INC.'s current rate
when its automobiles are used, meals and lodging. Reimbursement for automobiles, meals
and lodging, and any other expenses furnished by commercial sources shall be on the
basis of actual charges plus ten percent. 4110
8) COMMUNICATION FEES: All communication fees including, but not limited to computer
services, telephone, faxes, postage, ovemight deliveries, and in -house copies, printing,
and binding charges shall be on the basis of a single per direct labor hour communication
fee when fumished by KITTELSON & ASSOCIATES, INC.
9) PROFESSIONAL SERVICES: KITTELSON & ASSOCIATES, INC. staff is defined as all
permanent and temporary employees, as well as any and all contract labor of KITTELSON
& ASSOCIATES, INC. All KITTELSON & ASSOCIATES, INC., staff will be billed at
KITTELSON & ASSOCIATES, INC.'s standard billing rates.
10) COST ESTIMATE: Any cost estimates provided by KITTELSON & ASSOCIATES, INC. will
be on a basis of experience and judgment, but since it has no control over market
conditions or bidding procedures KITTELSON & ASSOCIATES, INC. cannot warrant that
bids or ultimate construction costs will not vary from these cost estimates.
11) TERMINATION: Either CLIENT or KITTELSON & ASSOCIATES, INC. may terminate this
Authorization by giving 30 days written notice to the other party. In such event, CLIENT
shall forthwith pay KITTELSON & ASSOCIATES, INC. in full for all work previously
authorized and performed prior to effective date of termination as well as all unavoidable
expenses incurred prior to termination. If no notice of termination is given, relationships and
obligations created by this Authorization shall be terminated upon completion of all
applicable requirements of this Authorization.
12) PAYMENT TO KITTELSON & ASSOCIATES, INC.: KITTELSON & ASSOCIATES, INC. will
issue monthly invoices for all work performed and Direct Expenses incurred in excess of
the retainer amount. CLIENT shall pay invoices within 30 days of receipt. Interest at the
rate of 1.5 percent per month will be charged on all past due amounts, unless not permitted
by law, in which case, interest will be charged at the highest amount permitted by law.
KITTELSON & ASSOCIATES, INC. reserves the right to stop work on projects when
payment has not been received within 60 days.
13) ADDITIONAL INSURED: CLIENT shall cause its general liability insurers to name
KITTELSON & ASSOCIATES, INC. as an additional insured and shall require its
Contractors performing Work on this Project to name KITTELSON & ASSOCIATES, INC.
as an additional insured on their general liability and umbrella/excess insurance policies.
14) PROFESSIONAL STANDARDS: KITTELSON & ASSOCIATES, INC. shall only be
responsible for performing its work to the level of competency currently maintained by other
practicing professional engineers performing the same type of work in CLIENTS
community, for the professional and technical soundness, accuracy, and adequacy of all
designs, drawings, specifications, and other work and materials furnished under this
Agreement. KITTELSON & ASSOCIATES, INC. makes no other warranty, express or
implied.
15) AUTHORIZATION TO PROCEED: Signing this form shall be construed as agreement with
all terms and conditions and as authorization by CLIENT for KITTELSON & ASSOCIATES,
INC. to proceed with the work. Signing this form shall also be construed as authorization by
CLIENT for KITTELSON & ASSOCIATES, INC. to invoice CLIENT per the Billing Method
and Authorized Amount shown in the table below, and consistent with Section 12.
Authorized
Project Phase Billing Method Amount
1 Traffic Calming Review and Time & Materials $16,000
Preliminary Design
SO AGREED this day of , 2007.
• Accepted for: Approved for:
KITTELSON & ASSOCIATES, INC. CITY OF YAKIMA
Signature Signature
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