HomeMy WebLinkAboutCOW 2006-05-22 Item 4B - Agreement - Concurrency Modeling Consulting with Mirai Transportation Planning and Engineering COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 06-060 I ORIGLNAL AGENDA DATE: MAY 22, 2006
AGENDA ITEM TTIZE Concurrency Modeling Consultant's Agreement with Mirai Transportation
Planning and Engineering.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Pu blicHearin
g Otkr
JUg Dau 5/22/06 Mfg Date 6/5/06 AN Date 2lftg Date ]Ug Date Aftg Die Mtg Date:
'SPONSOR Council Me or Adm Svcs DCD Finance Fire p Legal P&R Polire PIY/
SPONSOR'S The contract is for the transportation modeling services in conjunction with the City's
SUMMARY concurrency management program. At least once per year, a traffic model update will be
done with existing and projected levels of service calculated. Mirai will validate the new
base year model with 2006 traffic counts and prepare a concurrency status report. WIG
Properties at the IC Penney warehouse location is our first applicant and they have paid
$33,383.03 for traffic analysis.
REVIEWED BY COW hftg CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/8/06
RECOMMENDATIONS:
SPONSOR /ADM IN. Authorize Mavor to sign the agreement with Mirai.
COMMrrrEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
E%PENDrrURE REQUIRED A OUNT BUDGETED APPROPRIATION REQUIRED
$38,364.00 See Revenue noted below $0.00
Fund Source: 000.13.532.200.41.00 Engineering Professional Services (page 126, 2006 Budget)
Comments: Traffic Impact Analysis fee of 533, 383.03 from WIG Properties was receipted on 5 /12/06.
MTG. DATE RECORD OF COUNCIL ACTION
5/22/06
6/5/06
MTG. DATE ATTACHMENTS
5/22/06 Information Memo dated May 2, 2006
Consultant Agreement with Scope of Work
Transportation Committee Meeting Minutes from May 8, 2006
6/5/06 1
INFOR1\lATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Directo~
May 2, 2006
Concurrency Modeline:
ISSUE
Authorize the Mayor to execute an agreement with Mirai Transportation Planning aud Engineering in
the amount of $38,364 to provide ~nsportation modeling services in conjunction ",~th the City's
Concurrency Management Program. .
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 Tubvila 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 Tubvila in 2002 to develop
the city-wide transportation model.
ANALYSIS
Regular and continuing maintenance of the City's traffic model is beneficial in several ways. First, in
2015 when the City must again 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, the City by assuming this responsibility ,viII speed up the
development process and shorten approval times for new applications.
The scope of work is set up to allow for flexibility At least once per year a model update will be done
with existing and projected level of service calculated. Should there be a lot of new development or
growth, an option of a second update within the same calendar year could be done to verifY adequate
capacity remains.
Much, if not ultimately aU, of the costs of this service will be borne by the development community in
the fonn of a fee. This cost to the developer, though not yet finally detennined, is expected to be a
savings of both time and money due to the dramatic change in Transportation Impact Analysis (TIA)
requirements. The fee amount and structure ,viU be brought forward at a future time for approval.
Contributions by the developer of the JC Penney site (Wig Properties) ,viII offSet most of this contract
amount. The remainder of the costs wiU be reimbursed by other development using the fee structure to
be developed.
RECOMMENDATION
Authorize the Mayor to execute an agreement with Mirai Transportation Planning and Engineering in
the amount not to exceed $38,364 to provide transportation modeling services to maintain the City's
model and support the Concurrency Management Program.
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CONSULTANTAGREE~mNTFOR
TRA1~SPORTATION MODELING SERVICES
THIS AGREEMENT is entered into between the City ofTukwila, Washington, herein-after referred
to as "the City", and Mimi 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 Concurrencv Mangement
2. Scope of Services. The Consultimt agrees to perform 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 3l, 2006, 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 $38.364 \vithout 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.
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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 pennitted 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 5l 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 $l,OOO,OOO aggregate for personal injury; and $500,000 per occurrence!
aggregate for property damage, and professional liability insurance in the amount of
$l,OOO,OOO.
Said general liability policy shall name the City of Tubvila 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 \vith respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shalll;Je 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 shan 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 shan 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 fun 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.
l2. Assignment. The Consultant shan 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.
l4. 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 ITom the losmg
party
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l6. Notices. Notices to the City ofTukwila shall be sent to the following address:
City Clerk
City ofTukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Mimi TransPortation Planning and Engineering
1l41O NE l22nd Way. Suite 320. Kirkland. W A 98034-6927
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: Tom Noguchi
Title: Principal. Mirai Associates. Inc.
Attest! Authenticated:
Approved as to Form:
Jane E. Cantu, CMC, City Clerk
Office of the City Attorney
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EXHIBIT A
Tukwila Model Update and Bi-Annual Concurrency Analysis (2006)
Scope of Work
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 Mirai will calculate levels of service
using Synchro.
3. Mirai will prepare an existing condition report (Technical memo for staff use)
4 The City will provide existing land use database to Mirai. Mirai will convert the
land use data for modeling.
5. Mirai will develop a base year model by updating the existing Tukwila model to
be reflective of the new PSRC model. Mirai will validate the new base year model
with 2006 traffic counts.
6. The City will provide the City's CIP and 6 year growth projections. Mirai will
develop 2012 concurrency model.
7 Mirai will post-process the model volumes and calculate 2012 concurrency levels
of service for all designated intersections in the City
8. Mirai will prepare a concurrency status report. (1st Technical memo for staff use)
Mirai will complete the Tasks 1 through 8 by July 2006.
Optional Service
The City may ask Mirai additional concurrency model update and level of service
calculations. The following tasks are possible serves that Mirai may provide:
. Update the concurrency model based on new baseline projects.
. Post-process the volumes from the second model and calculate 2012
concurrency levels of service for all designated intersections in the City
. Prepare a concurrency status report. (2nd Technical memo for staff use)
The City will decide whether the concurrency model should be updated by August 30,
2006. Mirai will not initiate the optional tasks until the City gives a supplemental notice to
proceed.
A~IV-d D
Mirai Proposal for Tukwila Model Update and Bi-Annual Concurrency Analysis
(2006)
Model
Principal Specialist Planner Sucport Total
$160 $126 $85 $60
Tasks Hours Hours Hours Hours
1. The City will work with Mirai to identify traffic
count locations, 2 2 4 0 $912
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 Mirai will calculate
levels of service using Synchro. 4 2 48 8 $5,452
3. Mirai will prepare an existing condition report
(Technical memo for staff use) 2 18 10 $2,450
4. The City will provide existing land use
database to Mirai. Mirai will convert the land use
data for modeling. 0 16 8 0 $2,696
5. Mirai will develop a base year model by
updating the existing Tukwila model to be
reflective of the new PSRC model. Mirai will
validate the new base year model with 2006
traffic counts. 10 40 40 0 $10,040
6. The City will provide the City's CIP and 6 year
growth projections. Mirai will develop 2012
concurrency model. 8 24 40 0 $7,704
7 Mirai will post-process the model volumes and
calculate 2012 concurrency levels of service for
all designated intersections in the City 4 8 56 0 $6,408
18. Mlral WIll prepare a concurrency status report.
(Technical memo for staff use) 2 2 18 10 $2,702
Total 32 94 232 28 $38,364
Octional Tasks
9. Mirai will update the concurrency model
based on new baseline projects. 4 12 25 0 $4,277
10. Mirai will post-process the second model
volumes and calculate second 2012
concurrency levels of service for all designated
intersections in the City 2 4 30 0 $3,374
11 Mirai will prepare a concurrency status
report. (Technical memo for staff use) 2 2 18 10 $2,702
Optional Tasks Total 8 18 73 10 $10,353
Transportation Committee
r;fay 3, 2006
Present:
Joe Duffie, Chair; Pam Carter, Joan Hernandez
Jim Morrow, Fran.lc Iriarte, Bob Giberson, Gail Labanara, Chuck Parrish
Paul Lavallee from IBI Group, David Hull & Jack Lanem2ili, rrom KC r,-retro
Presentations
A. Tuln,ila Transit Center
Paul Lavalle presented the PSRC grant submittal of S2.3 million for construction funds and
\vhat is envisioned for the Transit Genter at .A..P\V and B2k~r Blvd. It v.in be an on-street fac11itj
'''lith expanded capacity From the t\vo 'workshops \vith local businesses the main message \vas
safety and security The ne\v amenities \vill be 5 bus bays \"lith a capacity of over I 00 buses Fer
hour, new crosswaLles, improved lighting, cameras mId emergency call buttons, and I I sheltecs
with individual seating as opposed to benches. Right-of-v,ay acquisition is included in t.!Je gIant
for the northbound stop. Joan suggested that the Chamber OfCOIIlGlerCe be given a brieTh.lg and
Pam would like a display at Tubvila Days on July 8. Joe asked that the cover sheet with the site
plan be given to all Council members (attached io minutes). Information Onlv.
:B. "Transit Now" bv King County i'detro
David Hull and Jack Lattemann presented TransIt Now, a new four-point initiative that will exp21lG
transit by up to 20% over lO years. The revenue proposal is to increase sales tax revenue by one-
tenm of one percent (0.1 %) and me average cost to every household is $25 per year in sales ta:\:.
For Tukwila, mey are looking to exp21ld ~e service to Longacre's Tukwila Station to all chy rather
than just during rush hour. Joe had an example of a Tukwila employee who could take the t:;-ain
from Sumner but then is unable to go the last mile and get to the school. David said t.'Iat there are
25 VanS hare vans at the Tu1.'wila Station to help co=uters and the Transit Now plan would
double the current program. Route 150 is scheduled to increase to IS-minute intervals and all day
service. There would also be an additional eastlwe.st route along Southcenter Blvd to serve the li~r.t
rail Tu..1c\vila lnt'l Blvd Station. Jim asked about user fees and ocly 25% of revenue is collected
from fares, winch is a natiomvide average. Joan Was told mat no park and ride lor improvements
are included ill the mitlatlve and there is still a long list for shelters, even if they qualify
Information Onlv.
~
Business Agenda
A. Concurrency iVIodeling. Consultant A!!reement
Jim explained mat v,ith Council's adoption of the Tramportation Element lasT year, ,-\-tere was a
change in how a developer pays for concurrency and impact fees. Tile City will contract for the
transportation impact analysis and it will establish a concurrency fee sheet, similar in form to
the impact fee sheet based on the size and type of development in order to determine the iinpact
on our system. \VIG Properties at the JC Penney warehouse location is our first applicant and
they have already paid 533,383.03 for traffic analysis. WIG wants to move fonvard quickly a:ld
the j'yfirai contract is the first step. Pam was told that the tr>..nspor12tion modeling would have iO
be updated every year and that there would be a neVi CIP page in 2007 for approximately S40-
60,000 Unanimous anoroval. forward to CO'V.
C:\1)c.curr..~:1lS :J.IIU S:=!ti.'1.g5:.GaiI\.~[y Cocurr~ts\W[\1"\VORD\TC tfin:..::es 2c-C6-0S-DS.Jo-.:
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