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HomeMy WebLinkAboutTrans 2007-05-29 Item 3D - Agreement - Concurrency ModelingTo: Mayor Mullet From: ublic Works Director Date: May 22, 2006 Subject: Concurrencv Modeling Consultant Agreement ISSUE BACKGROUND ANALYSIS RECOMMENDATION iApabwvldcyodykonwrrmry impact faslinformxtim memo mgomg cooaarmcy model 5-07.doc INFORMATION MEMO F Attachment III.D. 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. In December 2005, the City updated its Transportation Element as part of the state- required update to the Comprehensive PIan. 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. 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. 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. n /8 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 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 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 2 l9 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. 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. 20 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. 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. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: DATED this Steven M. Mullet, Mayor City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Mirai Transnortation Planning and Engineering 11410 NE 122 Way. 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. day of 20 CITY OF TUKWILA CONSULTANT By: Printed Name: Title: Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 421 22 EXHIBIT A 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. 23 2L! 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. Tukwila Model Update and Annual Concurrency Analysis (2007) 1 Billing Rates 1 Tasks 1. The City will work with Mirai to identify traffic count locations 9. Mirai will prepare a draft and final concurrency status reports. Subtotal Exhibit B Model Principal Specialist Planner Support Total 1 $173.88 1 $127.34 1 $87.62 1 $62.741 1 1 Hours I Hours I Hours Hours 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 land 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 2 0 18 10 $2,552 30 I 89 I 194 1 22 I $34,928 25 26 Associated Grocer's Site Analysis Model Principal Specialist Planner Support Total 1 Billing Rates $173.88 1 $127.34 1 $87.62 1 $62.74 1 1 Tasks Hours 1 Hours 1 Hours 1 Hours 1 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