Loading...
HomeMy WebLinkAboutTrans 2008-05-28 Item 3C - Agreement - Concurrency Model with Fehr and Peers/MiraiTo: Mayor Haggerton From: Public Works Director Date: May 20, 2008 (33 Subject: Concurrence Modeling Project 08 -RWO5 Consultant Agreement ISSUE INFORMATION MEMO Execute an agreement with Fehr and Peers/Mirai to provide transportation modeling services in conjunction with the City's Concurrency Management. 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 Fehr and Peers/Mirai, was the consultant retained by Tukwila in 2002 to develop the city -wide transportation model as well as update the Concurrency Model in 2006 and 2007. At this time, the model should be updated once each year. As development occurs, 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 will next 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 permit applications. Much, if not ultimately all, 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. The cost to the developer will be a savings of both time and money due to the dramatic change in Transportation Impact Analysis (TIA) requirements. RECOMMENDATION Authorize the Mayor to execute an agreement with Fehr and Peers/Mirai, not to exceed $32,453 to provide transportation modeling services to maintain the City's model and support the Concurrency Management Program. Attachment: Consultant Agreement for Transportation Modeling Services (p: \cyndy \concurrency impact fees\information memo ongoing concurrency model 5- 08.doc) 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 Fehr and Peers/Mirai, 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 transoortation 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, 2008, 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 $32,453 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 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: DATED this Jim Haggerton, Mayor City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Fehr and Peers/Mirai 11410 NE 122 °a 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: Christy O'Flaherty, City Clerk Office of the City Attorney EXHIBIT A Tukwila Model Update and Annual Concurrency Analysis (2008) Scope of Work For the Annual City -wide Concurrency Analysis Report: 1. The City will work with Fehr and Peers /Mirai (the Consultant) to identify traffic count locations. 2. The City will provide traffic count raw data to the Consultant. The Consultant 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. The Consultant will calculate 2008 levels of service using Synchro. The Consultant will prepare an existing condition section in the report. 3. The City will update the existing land use database that was provided to the Consultant for the 2007 modeling. The Consultant will convert the land use data to employment and households that will be suitable for modeling. 4. The Consultant will update the base year model with the 2008 counts. The Consultant will use the model created in 2007 based on the new PSRC model. The Consultant will validate the new base year model with 2008 traffic counts. 5. The Consultant will review the most recent CIP report. The Consultant will include the relevant transportation improvement projects in the model. The Consultant will identify the housing and employment growth for next 6 years within the City and the region. With the changes in the roadway network and the land use growth projections, the Consultant will develop a 2014 concurrency model. Using the 2014 Tukwila travel demand model, the Consultant will forecast the 2014 traffic volumes. 6. The Consultant will post process the model volumes and calculate 2014 concurrency levels of service for all designated intersections in the City. 7. The Consultant will identify potential improvements where the intersections operate level of service below the concurrency standard. The Consultant will attend a meeting to discuss the analysis results and the potential improvements. 8. The Consultant will calculate levels of service with the recommended improvements. 9. The Consultant will prepare a draft concurrency status report and submit it for staff review, and submit the final report after all staff comments are addressed. Schedule: The Consultant will complete Tasks 1 through 9 by August 15, 2008 Exhibit B Tukwila Model Update and Annual Concurrency Analysis (2008) Budget Model Senior Principal Specialist Planner Support Total Billing Rates I $179.30 $136.25 $92.69 $66.51 Tasks Hours Hours Hours Hours 1. Identify traffic count locations 2 2 0 0 $631 2. Review the raw traffic count data and adjust the counts for PM peak hour. Calculate 2007 levels of service using Synchro and prepare an existing condition section of the report. 4 2 30 8 $4,302 3. Update the existing land use database. Convert the land use data to employment and households for the modeling update. 2 10 8 4 $2,729 4. Update the base year model with the land use data and new counts. Validate the new base year model with 2008 traffic counts. 0 16 8 0 $2,922 5. Develop 2014 concurrency model and obtain traffic volumes from the updated Tukwila model. 8 35 30 0 $8,984 6. Post process the model volumes and calculate 2014 concurrency levels of service for all designated intersections in the City. 6 8 40 0 $5,873 7. Identify potential improvements where the intersections operate level of service below the concurrency standard. 4 0 25 0 $3,034 8. Calculate levels of service with the recommended improvements. 2 0 10 $1,286 9. Prepare a draft and final concurrency status reports. 2 0 18 10 $2,692 Total 30 73 169 22 $32,453