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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. • 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: • • 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 411 1111 AUTHORIZATION FOR • P ROFESSIONAL SERVICES • 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 Print Name Print Name Title Title r •