HomeMy WebLinkAboutR-1997-139 Transportation PlanRESOLUTION NO. R-97-13 3
A RESOLUTION authorizing and directing the City Manager and the
City Clerk of the City of Yakima to execute a
professional engineering services contract with Earth
Tech, Inc. to update the Transporation Plan portion of
the Comprehensive Plan.
WHEREAS, due to recent increased railroad traffic and the removal
of certain roads from the Transportation Plan Improvement List, the City
requires an update to the Transportation Plan promulgated in 1995 by
Bell -Walker Engineers, Inc.; and
WHEREAS, the City does not have the staffing levels or specialized
expertise necessary to update said Transportation Plan; and
WHEREAS, Earth Tech, Inc. has the expertise and experience
necessary to perform the services required by the City and is willing to
provide these services 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 Earth Tech
Inc., for professional engineering services; 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
Agreement for professional engineering services to update the
Transporation Plan portion of the Comprehensive Plan.
ADOPTED BY THE CITY COUNCIL this "7 day of A.IOv f ,
1997.
ATTEST: Lynn Buchanan, Mayor
City Clerk
fhOrrs'Earth Tech Elgnrcnnk conic/Pm
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of
Yakima, a Washington municipal corporation (hereinafter the "City"), and Earth
Tech, Inc., an engineering film (hereinafter "Engineer").
WHEREAS, due to recent increased railroad traffic and other factors, the
City requires an update to the Transportation Plan promulgated in 1995 by
Bell -Walker Engineers, Inc.
WHEREAS, the Engineer has the expertise and experience necessary to
perform the services required by the City and is willing to provide these services
in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
Engineer as follows:
1. Scope of Services. Engineer shall provide the City with the following
engineering services:
a. Shall update the City street network to reflect improvements
accomplished by the City and not included within the
transportation model, including but not limited to the
connection of North First Street in the City to South First
Street in Selah that is currently under construction.
b. Incorporate the revisions to the transportation plan adopted
by the City Council into the transportation model and
operate the model. These revisions include no improvements
to North Thirty Second Avenue, North Sixteenth Avenue, and
the closure of South Tenth Avenue between Chestnut Avenue
and Walnut Avenue.
c. Provide traffic assignment for both existing and future
conditions on the updated transportation network.
d. Revise arterial level of service consistent with the procedures
outlined in the Highway Capacity Manual for both existing
and future conditions on the updated transportation
network.
e. Revise intersection level of service for both existing and
future conditions on the updated transportation network.
f. Provide an analysis of traffic crossing the railroad trackage
parallel to First Avenue as it will be affected by the increased
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g.
rail traffic anticipated by the Burlington Northern Santa Fe
Railroad operations through Stampede Pass.
Recommend level of service standards to be applied
thoughout the planning area, including the possible
designation of certain roads as "constrained facilities" not
subject to concurrency requirements. Included in the
recommendation shall be a discussion on the length of time
these levels of service will control the flow of traffic.
h. Update the intersection, street segment, and screenline
spreadsheet used for concurrency determination to
correspond with the updated traffic assignment.
The Engineer shall provide the services through a workshop approach in close
cooperation with the staff and officials of the City of Yakima. During a one -day
workshop, the Engineer and City staff and officials will analyze and discuss
these options and gain a consensus as to necessary revisions of the
transportation plan. The Engineer shall make the necessary modifications to
the Transportation Plan Report and submit the revised report to the City for
approval. The Engineer shall provide all of the above services for a fee of no
more than Ten Thousand Dollars ($10,000.00) in accordance with Section 4 of
this Agreement.
2. Term. The term of this Agreement shall commence upon execution
hereof and shall terminate at the time of completion of all services required
hereunder or December 31, 1997, whichever date occurs first, unless sooner
terminated in accordance with Section 3 of this Agreement.
3. Termination. The City or Engineer may terminate this Agreement, with
or without cause, by giving the other party ten (10) days written notice of
termination. In the event that the City terminates the Agreement, the City
shall compensate the Engineer a mutually agreed sum for all satisfactory
services performed up to the time of termination.
4. Consideration. The City agrees to provide the Engineer a total of no
more than Ten Thousand Dollars ($10,000.00) as full compensation for all
services provided under and pursuant to this Agreement. The Engineer shall
submit satisfactory documentation/invoice evidencing said services to the
Streets and Traffic Operations Manager at the end of each month in which said
services are provided to the City. The City shall make payment to the Engineer
within thirty (30) calendar days upon receipt of each monthly invoice. All
payments are expressly conditioned upon the Engineer providing services
hereunder that are satisfactory to the City.
5. Status of Engineer. Engineer and the City understand and expressly
agree that Engineer is an independent contractor in the performance of each
and every part of this Agreement. Engineer and its employees shall make no
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claim of City employment nor shall claim against the City any related
employment benefits, social security, and/or retirement.
6. Taxes and Assessments. Engineer shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, sales tax, 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, Engineer shall pay
the same before it becomes due.
7. Nondiscrimination Provision. During the performance of this
Agreement, Engineer 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.
8. Compliance With Law. Engineer agrees to perfomi 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.
9. No Conflict of Interest. Engineer 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. Engineer further covenants that it will not hire anyone or any
entity having such a conflict of interest during the performance of this
Agreement.
10. No Insurance. It is understood the City does not maintain liability
insurance for Engineer and/or its employees.
11. Indemnification and Hold Harmless. Engineer 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 Engineer's performance and/or non-performance of this Agreement.
12. Delegation of Professional Services. The services provided for herein
shall be performed by Engineer, and no person other than regular associates or
employees of Engineer shall be engaged upon such work or services except
upon written approval of the City.
13. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by Engineer
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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 Engineer stated
herein.
14. Non -Waiver. The failure of the City or the Engineer to insist upon strict
performance of any provision of this Agreement or to exercise any right based
upon a breach thereof or the acceptance of any performance during such
breach shall not constitute a waiver of any right under this Agreement.
15. 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.
16. Integration. This written document constitutes the entire agreement
between the City and Engineer. 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.
17. 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:
Street and Traffic Operations Manager
City of Yakima
Public Works Building
2301 Fruitvale Boulevard
Yakima, Washington 98902
TO ENGINEER: Theodore T. Bell
Vice -President, Transportation
Earth Tech, Inc.
10800 Northeast 8th Street
Seventh Floor
Bellevue, Washington 98004
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.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
19. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
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CITY OF YAKIMA EARTH TECH,JNC.
By:_ -�
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By:
R A. Zais, Jr., City Manager
DATE: I1-7-•9 7
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Resolution No. j-" (
STATE OF WASHINGTON )
:ss.
County of 4.--,6t
On this '21 day of d , 1997, before me the undersigned, a
Notary Public in and for th State of has ington, duly _cpmmconed and
personally ersonally appeare I H--Fop24 ! -
Earth Tech, Inc., an 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
this certificate above written.
and for oo the State of
OTAR •
$-L�Cinan
Washington, residing at klik2a,c4, 1 �
My commission expires: 4.2 6 • g b
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / ( 7
For Meeting of 11/04/97
ITEM TITLE: Transportation Plan Update — Earth Tech Agreement
SUBMITTED BY: Jerry Copeland, Director of Public Works' C.,
David Hussell, Street and Traffic Manager
Shelley Willson, Supervising Traffic Engineer
CONTACT PERSON/TELEPHONE: David Hussell — 576 - 6417
SUMMARY EXPLANATION: The removal of 16th Avenue, 10th Avenue and 32nd
Avenue from the Transportation Plan Improvement List, together with recent changes
to Railroad scheduling, has required an update to the Transportation Element of the
Comprehensive Plan. The attached agreement from Earth Tech (formerly Bell -Walker
Engineers) and authorizing resolution are provided for your review and approval at a
cost not to exceed $10,000. We anticipate completing the update by the first of next
year. Staff will be seeking Council participation in a workshop session scheduled to
outline options that will allow our plan to proceed to State adoption.
X Resolution Ordinance X Contract X Other (Misc. Information)
Funding Source 1998 Arterial Street Fund Budget
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: The City staff recommends the Council authorize the
City Manager to sign the attached agreement authorizing contract services to begin.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION.
Resolution adopted. RESOLUTION NO. R-97-139