HomeMy WebLinkAboutCOW 2007-06-11 Item 3G - Agreement - Concurrency Modeling Consulting with Mirai Transportation Planning and Engineering COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 07-082 I ORIGINAL AGENDA DATE: JUNE 11, 2007
AGENDA ITEM TITLE Concurrency Modeling Consultant Agreement
CATEGORY Discussion Motion Resolution Ordinances Bid Award Public Hearing Other
Mtg Date 6/11/07 kit Date 6/18/07 Mtg Date Mtg Date Mtg Date Mtg Date MLltg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PTV
SPONSOR'S Consultant Agreement with Mirai Transportation Planning and Engineering will provide an
SUMMARY update to the concurrency model. The agreement will also perform site specific analysis
for a proposed development on the Associated Grocers site. Sabey Corporation has
verbally agreed to pay for the additional study costs of $16,000 in addition to the standard
concurrency test fee set at $24,300. The total contract amount is $50,928.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/29/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign consultant Agreement with Mirai.
COI\LMITTEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$50,928.00 $0.00 $0.00
Fund Source: 000.13.532.200.41.02 PW Engineering, Professional Services, Traffic Modeling
Comments: No budgeted amount as concurrency test fees are receipted through developer permits.
MTG. DATE I RECORD OF COUNCIL ACTION
6/11/07
6/18/07
MTG. DATE I ATTACHMENTS
6/11/07 I Information Memo dated May 22, 2007 (revised after TC meeting)
Consultant Agreement
Transportation Committee Meeting Minutes from May 29, 2007
1 I
6/18/07 I
I
iktuk2\ volllpubworks \Cyndy \Concurrency Impact Fees \CAS Concurrency Modeling AG Mirai 5- 07.doc
INFORMATION MEMO
To: Mayor Mullet
From: Public Works f
Director7
Date: May 22, 2006
Subject: Concurrencv Modeling
Consultant Agreement
ISSUE
Execute an agreement with Mirai Transportation Planning and Engineering to provide transportation
modeling services in conjunction with the City's Concurrency Management Program and additional work
to accommodate the future development of the Associated Grocers site by the Sabey Corporation.
BACKGROUND
In December 2005, the City updated its Transportation Element as part of the state required update to the
Comprehensive Plan. In the Transportation Element, level of service standards are established which
Tukwila is required to implement and maintain. One tool to assist the City is the emme /2 traffic model that
was used to develop the Transportation Element. Mirai Associates, now called Mirai Transportation
Planning and Engineering, was the consultant retained by Tukwila in 2002 to develop the city -wide
transportation model as well as update the Concurrency Model in 2006. At this time, the model should be
updated once each year. If more or less development occurs then the frequency of the update should be
adjusted to reflect the City's needs.
ANALYSIS
Regular and continuing maintenance of the City's traffic model is beneficial in several ways. First, in 2015
when the City must update the Comprehensive Plan, a much smaller expense and effort will be required to
model transportation needs. Second, by using the model to support concurrency management, the City will
be assured that adequate transportation facilities will be available to support growth in a timely manner. It
is a powerful tool in scientifically assigning priorities and planning capacity- related road projects. Thirdly,
by the City assuming this responsibility, it should speed up the development process and shorten approval
times for new applications.
Much, if not ultimately all, of the costs of the concurrency model update will be borne by the development
community in the form of the Concurrency Test Fee, which was implemented in March 2007. This cost to
the developer will be a savings of both time and money due to the dramatic change in Transportation
Impact Analysis (TIA) requirements.
The scope is set up to accomplish two major tasks: update the City's overall concurrency model as well as
perform site specific analysis for a proposed development on the Associated Grocers site. That potential
development is being studied by the Sabey Corporation. They will be assessed the standard concurrency
test fee (set at $24,300) and have verbally agreed to pay for the additional study costs they have requested,
shown in this contract as $16,000.
RECOA ENDATION
Authorize the Mayor to execute an agreement with Mirai Transportation Planning and Engineering in the
amount not to exceed $50,928 to provide transportation modeling services to maintain the City's model and
support the Concurrency Management Program.
(:`pub, orG'c,ndy'conarreury impact fees iofo`maiion memo ongoing uxiarrency model 5- 07.dec)
CONSULTANT AGREEMENT FOR
TRANSPORTATION MODELING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and Mirai Transportation Planning and Engineering, hereinafter referred to as "the
Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform transportation
modeling services in connection with the project titled Concurrence Mangement
2. Scope of Services. The Consultant agrees to perfouu the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement by December 31, 2007, unless
an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $50,928 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
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be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
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16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Mirai Transportation Planning and Engineering
11410 NE 122 Wav, Suite 320
Kirkland. Washington 98034
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this day of 20
CITY OF TUKWILA CONSULTANT
By:
Steven M. Mullet, Mayor
Printed Name:
Title:
Attest/Authenticated: Approved as to Foim:
Jane E. Cantu, CMC, City Clerk Office of the City Attorney
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EXHIBITA
Tukwila Model Update and Annual Concurrency Analysis (2007)
Scope of Work
For the Annual City -wide Concurrency Analysis:
1. The City will work with Mirai to identify traffic count locations.
2. The City will provide traffic count raw data to Mirai. Mirai will review the raw data
and adjust the counts for PM peak hour. The City will provide a list of the
transportation improvements including new roadway construction, signal
additions and changes to signal timings that were implemented since the last
modeling. Mirai will calculate 2007 levels of service using Synchro. Mirai will
prepare an existing condition section of the report.
3. The City will update the existing land use database that was provided to Mirai for
the 2006 modeling. Mirai will convert the land use data to employment and
households that will be suitable for modeling.
4. Mirai will update the base year model with the new counts. Mirai will use the
model created in 2006 based on the new PSRC model. Mirai will validate the
new base year model with 2007 traffic counts.
5. The City will provide the City's CIP. Mirai will include the relevant transportation
improvement projects in the model. The City and Mirai will work together to
identify the growth projection for next 6 years. With the changes in the roadway
network and the land use growth projections, Mirai will develop 2013 concurrency
model. Mirai will obtain the 2013 traffic volumes from the updated Tukwila model.
6. Mirai will post process the model volumes and calculate 2013 concurrency levels
of service for all designated intersections in the City.
7. Mirai will identify potential improvements where the intersections operate level of
service below the concurrency standard. If needed, Mirai will attend a meeting to
discuss the analysis results and the potential improvements.
8. Mirai will calculate levels of service with the recommended improvements.
9. Mirai will prepare a draft concurrency status report and submit it for staff review.
Mirai will submit the final report after all staff comments are addressed.
For the supplemental Concurrency Analysis for the Sabey Corporation's proposed
development on the Associated Grocer's site:
10. Mirai will meet with the City of Tukwila staff to understand the proposed
redevelopment site plan and traffic access needs. City of Seattle staff, City of
Tukwila staff and Mirai will identify the study area and the intersections where the
level of service should be evaluated. The redevelopment completion year will
also be identified.
11. Mirai will review the existing conditions for the project. This will include
documentation of the existing use of the project site, traffic controls, intersection
volumes and level of service, transit services, and non motorized transportation
facilities.
12. Mirai will count PM peak hour intersection traffic volumes for not more than 4
locations. It is likely that the new traffic counts within the City of Seattle would be
needed. Mirai will use the available traffic counts from the City of Tukwila.
13. The City will provide the traffic reports and the agreement for the Boeing
development in the vicinity of the Associated Grocer site. Mirai will identify the
committed improvements identified in the agreement within the study area. Mirai
also review the capacity reserved for the trips generated by the Boeing
development. For the future traffic impact analysis, the travel capacity reserved
for the Boeing development will be added to the background traffic as if it were
being used.
14. Mirai will use the updated City of Tukwila's concurrency model to estimate the
background traffic without the proposed AG site redevelopment. Mirai will add
the agreed Boeing traffic to the background traffic from the concurrency model
without the AG development.
15. Mirai will estimate the trip generation for the proposed redevelopment uses at the
Associated Grocer site and identify the additional trips over the existing
conditions. Mirai will adjust the ITE trip generation rates to accommodate the trip
reductions due to the mixed use conditions.
16. Mirai will establish trip distribution for the AG site using the Tukwila concurrency
model. Then, Mirai will assign the net trips to the network. The assigned trips will
be added to the background traffic forecasts for the planning year. Mirai will
calculate levels of service using Synchro software.
17. For the City of Tukwila, Mirai assumes that the City's update of the concurrency
analysis will include the proposed AG site redevelopment. Mira will summarize
the Tukwila's concurrency update analysis for the study area. For the City of
Seattle, Mirai will calculate the screenline volume to capacity ratios where they
are applicable.
18. Mirai will identify potential measures needed to mitigate the traffic impacts
directly resulting from the Associated Grocer site redevelopment. Mirai will
discuss options for those mitigating measures with City staff.
19. Mirai will document the traffic impact and prepare a draft report. The draft report
will be submitted to the City of Seattle and City of Tukwila. Mirai will address all
comments before a final report is completed.
Schedule
Mirai will complete Tasks 1 through 19 by July 31, 2007.
Exhibit B
Tukwila Model Update and
Annual Concurrency Analysis
(2007)
Model
Principal Specialist Planner Support Total
Billing Rates $173.88 1 $127.34 1 $87.62 1 $62.74 1
Tasks 1 Hours 1 Hours 1 Hours 1 Hours 1 1
1. The City will work with Mirai to identify
traffic count locations 2 2 0 0 $602
2. Mirai will review the raw traffic count
data and adjust the counts for PM peak
hour. Mirai will calculate 2007 levels of
service using Synchro. Mirai will prepare
an existing condition section of the report. 4 2 35 8 $4,519
3. The City will update the existing land
use database that was provided to Mirai
for the 2006 modeling. Mirai will convert
the and use data to employment and
households that will be suitable for
modeling. 2 10 8 4 $2,573
4. Mirai will update the base year model
with the new counts. Mirai will validate the
new base year model with 2007 traffic
counts. 0 16 8 0 $2,738
5. Mirai will develop 2013 concurrency
model. Mirai will obtain the 2013 traffic
volumes from the updated Tukwila model. 8 35 30 0 $8,477
6. Mirai will post process the model
volumes and calculate 2013 concurrency
levels of service for all designated
intersections in the City. 6 24 60 0 $9,357
7. Mirai will identify potential
improvements where the intersections
operate level of service below the
concurrency standard. 4 0 25 0 $2,886
8. Mirai will calculate levels of service with
the recommended improvements. 2 0 10 $1,224
9. Mirai will prepare a draft and final
concurrency status reports. 2 0 18 10 $2,552
Subtotal 30 89 194 22 $34,928
Associated Grocer's Site
Analysis
Model
Principal Specialist Planner Support Total
1 Billing Rates 1 $173.88 1 $127.34 1 $87.62 1 $62.74 1
1 Tasks 1 Hours Hours 1 Hours 1 Hours 1
10. Set Study Area and Forecast Year 2 2 0 0 $602
11. Analyze the Existing Conditions 1 2 4 0 $779
12. Conduct Traffic Counts 0 0 8 0 $701
13. Review Boeing Development Traffic
Report and City Commitments to
Improvements 1 0 8 0 $875
14. Develop Background Traffic 1 4 12 2 $1,860
15.Estimate Trip Generation 1 2 8 0 $1,130
16.Assign Net Trips and Calculate LOS 2 6 30 2 $3,866
17. Concurrency Analysis 1 4 18 0 $2,260
18. Identify Mitigation Measures If
Necessary 2 0 8 0 $1,049
19. Prepare Draft and Final Reports 2 0 15 10 $2,289
Direct Cost (Traffic Counts) $589
Subtotal 13 20 111 14 $16,000
TOTAL $50,928
Transportation Committee Minutes Mav 29. 2007 Page 2
C. Tukwila International Boulevard Phase 1 Final Clean -Up Bid Rejection
Staff is seeking Council approval to reject all bids received for the Clean -Up of Tukwila
International Boulevard Phase I. One bid was received for the project and exceeded the
engineer's estimate by more than $68,000. Staff intends to repackage the project specifications
and send out for rebid to the City's Small Works Roster. Staff expects to have the project ready
for rebid in June.
The Committee has requested that the information memo submitted by staff be revised to explain
the Phase I clean -up requirements which will include asphalt and concrete patching and sidewalk
repair as well as identify time constraints involved with the main project contract close -out.
UNANIMOUS APPROVAL. FORWARD TO JUNE 11 COW FOR DISCUSSION.
D. Concurrencv Modeling
This agreement will update the City's Transportation Model and ensure that the City is meeting
the needs of the Concurrency Management Program. The Sabey Corporation is proposing
redevelopment of the Associated Grocers site. In response to this redevelopment, Sabey
Corporation has requested that the City assist them in performing site specific analysis of the site.
In order to conduct this analysis and update the current model, City staff is seeking authorization
to enter into an agreement for transportation modeling services with Mirai Transportation
Planning and Engineering in the amount of $50,928.
If this agreement is approved, Sabey Corporation will be assessed a standard concurrency test fee
and additional study costs for the specific site. Staff also reported that they are meeting with
Sabey and the City of Seattle regarding the potential of a jurisdictional boundary change as the
subject site is shared between the two cities. UNANIMOUS APPROVAL. FORWARD TO
JUNE 11 COW FOR DISCUSSION.
E. Tukwila Transit Center Grant Application
Cyndy shared with the Committee that regardless of a lack of specific site identification for the
Tukwila Transit Center, staff is continuing to seek grant funding opportunities for the project.
Cyndy explained that the most recent grant application was submitted to the Federal Transit
Authority (FTA). Due to recent grant requirement changes by the FTA, King County Metro
(Metro) was the only authorized agent able to submit a grant request for the Tukwila Transit
Center. Metro agreed to submit this project as a part of their overall grant application.
Unfortunately, this change only allowed the City to request a portion (approximately $1 million)
of the full project funding.
If this grant is successful and funding is awarded, the monies will allow the City to begin
construction of the Transit Center in a phased approach on the west side, and postpone other
elements of the project until additional funding becomes available. A copy of the memo
submitted by staff is attached to the minutes for additional information as per Committee request.
INFORMATION ONLY.
III. ANNOUNCEMENTS No announcements.
IV. MISCELLANEOUS Meeting adjourned at 5:39 p.m.
Next meeting: Monday, June 11, 2007 5:00 p.m. Conference Room 1
Committee Chair Approval
Minutes by KAM