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Res 1162 - Prof Serv Kittelson COUNCIL BILL NO. 1447 RESOLUTION NO. 1162 A RESOLUTION ENTERING INTO AN AUTHORIZATION FOR PROFESSIONAL SERVICES WITH KITTELSON AND ASSOCIATES, INC. AND AUTHORIZING THE MAYOR TO SIGN SAID AUTHORIZATION. WHEREAS, the City of Woodburn is in the process of developing a transportation plan in order to comply with the State Transportation Rule; and WHEREAS, a transportation task force has been appointed to assist in the development of the transportation plan, and WHEREAS, the transportation task force has recommended that Kittelson and Associates, Inc. be retained by the city to provide professional traffic engineering services for a long range study of the 1-5/Highway 214 interchange area, and WHEREAS, Capital Development Company and Chappell Development, Inc, have each executed a memorandum of agreement to pay the city one-third (1/3) of the amount charged to the city by Kittelson and Associates, Inc" NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Authorization for Professional Services with Kittelson and Associates, Inc, to provide professional traffic engineering services for a long range study of the 1-5/Highway 214 interchange area in Woodburn, Oregon, a draft copy of which is attached hereto and, by this reference, incorporated herein, Section 2. That the Mayor, acting for and on behalf of the city, be authorized to execute said authorization for professional services, in a form substantially similar to that which is attached to this resolution, with the cost of professional services provided under said agreement not to exceed $35,000 without prior approval of the City Council. Section 3, That the Mayor be further authorized to execute, on behalf of the city, memoranda of agreement with Capital Development Company and Chappell Development of Oregon, Inc" stating that each entity agrees to pay the city one-third (1/3) of the amount charged by Kittelson and Associates, Inc" pursuant to its agreement with the ~ /____\ Approved as to form': 0 )~ tfI2., --------.) 2. City Attorney D Page 1 - COUNCIL BILL NO. 1447 RESOLUTION NO, 1162 - ~ ,....._~.,- t"--. ".y".- ,...~~,.,-"-"---".._._.,--~,,_.~.~....,,_..,_.,,....__.--".-'---- , Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: /1~~~ Mary Ten nt, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO, 1447 RESOLUTION NO. 1162 , ~-"""'~T'-"-r-~"'-- APPROVED~ f{~ LE KELLEY, MAY R February 8, 1993 February 9, 1993 February 9, 1993 February 9, 1993 ~ Proposal: P41.768 AUTHORIZATION FOR PROFESSIONAL SERVICES Kittelson & Associates, Inc, 610 S,W, Alder Street, Suite 700 Portland, Oregon 97205 The City of Woodburn with offices at 270 Montgomery Avenue, Woodburn Oregon 97071, hereby requests and authorizes Kittelson & Associates, Inc, (KAI) to perform the following services: SCOPE OF SERVICES: Assess the long range (20 year) roadway and transportation needs in the vicinity of the I- 5IHighway 214 Interchange in Woodburn, Oregon, This proposal assumes that the study area to be analyzed in detail includes Highway 214 from Butteville Road to Boones Ferry Road and I-5 from Parr Street to Crosby Road as well as the impact of any new roadway connection between these roadways, Specific tasks include: 1, Review ODOr's Model - KAI will have a working meeting with ODOT to review the details of their transportation model. This will include examining the assumptions used in this model such as land uses, trip generation rates, and trip assignments, These assumptions will be examined for both existing and future 20 year scenarios. Based on existing traffic counts, KAI will develop peak hour factors for the roadways in the vicinity of the interchange, Existing P,M. peak hour volumes will be validated against the results of ODOT's current model projections, KAI will prepare a short technical memorandum detailing the results of this review highlighting any limitations or shortcomings of this model and how it could affect the outcome of this study. The results of this task will be presented to the Transportation Task Force at one of their meetings, 2, Evaluate Future Traffic Volumes - KAI will work with ODOT to perform model runs of 20 year traffic projections based on land use assumptions developed by the City of Woodburn, Based on these traffic projections, KAI will perform capacity analysis to determine the adequacy of existing and planned improvements to accommodate these future traffic volumes, The results of this task will be summarized in a technical memorandum and presented to the Transportation Task Force. 3, Develop and Test Future Roadway I Land Use Scenarios - If the currently planned roadways prove insufficient to provide adequate levels of service at key intersections, then the consultant working with ODOT and the Transportation Task Force will develop roadway alternatives or changes in land uses to address the deficiencies found in Task 2. Up to three alternatives will be examined in detail. KAI will work with ODOT to revise their model and assumptions to incorporate these alternatives, Preliminary costs to implement each of the alternatives will be estimated, Consideration will be given to alternative modes of travel including transit and bicycles, The results of this analysis will be summarizing in a technical memorandum and presented to the Transportation Task Force, 4, Funding Plan. KAI will review the mechanisms for obtaining funds to implement the transportation/land use decisions that need to be made to accommodate the 20 year planning horizon in the vicinity of the I-5/Highway 214 interchange. As part of this task, KAI will also review the Traffic Impact Fee (TIF) structure of several nearby jurisdictions, This information will be summarized into a technical memorandum and presented to the Transportation Task Force, PROVISIONS (Proposal No, P41.768 - December 30, 1992) Services covered by this Authorization shall be perfonned in accordance with the following set of provisions: 1. ~ In case anyone 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. Salary of Record: For the purposes of this Authorization, Salary of Record for an employee of KITTELSON & ASSOCIA TESt INC. is defined to include the regular salary plus retirement program contributions paid to the employee, expressed in an hourly basis and assuming 2,080 regular work hours available per year. 3. Authorization to Proceed: Signing this form sball be construed as authorization by CLIENT for KITTELSON & ASSOCIATES, INe. 10 proceed with the work, unless otherwise provided for in the Authorization. 4. Direct Expenses: KITfELSON & ASSOCIA TESt me. 's Direct Expenses shall be those costs mauTed at or direaly for the CLIENT'S Project. including but not limited to necessary transportation costs including mileage at KITfELSON & ASSOCIATES. INC,', 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. 5. Outside Services: When teclmica1. professional, or clerical services are provided by an outside source. when approved by CilENT, an additional five percent shall be added to the cost of these services for KTITELSON & ASSOCIATES, INC. 's administrative cosu. 6. 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 wanant that bids or ultimate COOltruction costs will not vary from these cost estimates. 7, proressional Standards: KITTELSON & ASSOCIATES, INC, .hall be responsible, 10 lbe level of compelency currendy maintained by other practicing professional engineen in the same type of work in CLIENT'S community. for the professional and technica1souodness, 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. 8, Tennination: Bilber CLIENT or KITTELSON & ASSOCIATES, INC, may tenninate this Authorizatioo by giving 30 days writlen notice to the other pany. In such event, CUENT shall fonhwith pay KTITELSON & ASSOCIATES, INC. in full for all work. previously authorized and perfonned prior to effective date of tcnnination. 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. 9. 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 roles of the American Arbitration Associatioo 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 additiooal party not a party to this Authorization. 10. Le2al Exoenses: In the event legal action is brought by CLIENT or Kl'ITELSON & ASSOCIATES, INC. against the other to enforce any of the obligations hereunder or arising out of any dispute oonceming the terms and conditions hereby created, the losing party shall pay the prevailing party such reasooable amOlD1ts for fees, costs and expenses as may be set by the court. 11, PaymenllO KITTELSON & ASSOCIATES, INC,: Monthly invoices will be inned 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 I.S percent per month will be charged on all past~due amounts, unless not pennitted by law, in which case. interest will be charged at the highest amoWlt pennitted by law. 12. Limitation of Liability: KIITELSON &. ASSOCIATES, mc.'s liability to the CLIENT for any C81,1SC or combination of causes is, in the aggregate, limited to an amount no greater than the fee earned under this AgreemenL Tille: Mayor Accepted for Kl'ITELSON & ~OCIATES, INC, :r!~:~ ::;;1: II-~ MEMORANDUM OF AGREEMENT 1. Parties, The parties to this agreement are the City of Woodburn (City), an Oregon municipal corporation and Capital Development Company (Capital ), a Washington corporation registered to do business in Oregon, 2, Financial Commitment to Particioate, In consideration of City's agreement to undertake a study of long-range development in the 1-5/Highway 214 interchange area, which will ultimately result in amendment to City's Comprehensive Plan and facilitate development in the area, Capital *agrees to pay to City one-third of the amount charged to City by Kittelson and Associates, Inc. (Kittelson! pursuant to the Authorization for Professional Services to be entered into between Kittelson and City, a copy of which is attached hereto as Exhibit "A" and, by this reference, incorporated herein. 3. Pavment Schedule. Upon receipt of an invoice from Kittelson, City shall forward a copy of the invoice to Capital and Capital shall pay to City one-third of the amount noted upon said invoice within 30 days of its receipt. 4, Leqal Exoenses. If a legal action is brought by either party under the terms of this agreement, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. Dated this 1st day of February ,1993. CITY OF WOODBURN Accepted for CAPITAL DEVELOPMENT COMPANY 6{" ~~ By: By: Title: Mayor * Capital Development Company's costs in this regard are not to excede $12,000, T' "1---- .'T"" '_".""'''___,,",.,_n..+____ --,--,-",-",,'-'- "_"'_"_--~""'~'...,.~"-"'-'_.,-,-~-~-