Loading...
HomeMy WebLinkAboutTIC 2018-08-27 Item 2D - Agreement - 2018 Concurrency Modeling with Fehr & Peersmob Ailan Ek& Public Works De p rtrnerrt Henry Hc. h, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director � J./. BY: CC: DATE: Cyndy Knighton, Senior Program Manager Mayor Ekberg August 24, 2018 SUBJECT: Concurrency Modelin2.29_18 Project No. 91810405 Consultant Agreement ISSUE Execute a consultant agreement with Fehr and Peers to provide transportation modeling services in conjunction with 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 were established and the City implemented the use of Traffic Impact Fees as a way for new development to pay for the impacts to the transportation network. Fehr and Peers was the consultant retained by the City in 2002 to develop the initial city-wide traffic model as well as updates used for the 2013 Transportation Element update, past concurrency reports, and occasional modeling efforts on a smaller scale. DISCUSSION Concurrency reports were created annually through 2008, but were discontinued when development activity slowed significantly. A major update to the traffic model was completed in 2012 to support the latest Transportation Element Update and no deficiencies in level of service were seen at that time. However, since 2012, development activity has increased throughout the City and we should return to routine (generally annual) Concurrency Reports. Fehr and Peers will update the traffic model to a 2018 baseline (current is a 2008 baseline) and project out to 2024. Any locations not currently meeting the City's Level of Service standard will be identified, as will any projected to fail the standard in 2024. This information will be used to prioritize capital roadway projects that may be needed to maintain a functional traffic network. Additionally, the Traffic Impact Fee list needs to be updated, including any new capital projects that may be warranted in the next six years. Fehr and Peers will provide assistance to staff to update the schedule, using data produced from the model update. FINANCIAL IMPACT As development occurs, each new development and redevelopment must pay a Concurrency Test Fee, which provides funding for this modeling work. Current available funds from the Concurrency Test fees is in excess of $194,000. The $90,020 Fehr and Peers consultant agreement is necessary to complete the update to the traffic modeling work and is funded from the concurrency fees. RECOMMENDATION Council is being asked to approve the consultant agreement with Fehr & Peers in the amount of $90,020 and to consider this item on the Consent Agenda at the September 4, 2018 Regular Meeting. Attachment' Consultant Agreement g, w ayor w:\pw eng\projects\a- rw & rs projects\concurrency & impact fees\info memo - consultant ag concurrency update 2018 - sm gl.docx 65 CONSULTANT AGREEMENT FOR TRANSPORTATION MODELING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Fehr and Peers, 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 Concurrency Management. 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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2018 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon 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 no later than December 31, 2018 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 $90,020 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 as 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 the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 66 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 rendered under this Agreement. 7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 67 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent 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, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 68 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. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. 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: Fehr & Peers 1001 4th Avenue, Suite 4120 Seattle, WA 98154 18. Entire Agreement; Modification. 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. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 69 DATED this day of , 20 CITY OF TUKWILA CONSULTANT By: Allan Ekberg, Mayor Attest/Authenticated: Printed Name: Chris Breiland Title: Principal Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney 70 This scope of work describes the process to update the City of Tukwila's concurrency model from a 2008 base year to a 2018 base year. The required tasks include collecting new traffic counts, updating the base year scenario land use and transportation data and developing a 6-year forecast scenario in the City's model, validating the City's traffic model to 2018 conditions, calculating intersection and corridor level of service (LOS), and extracting information from the City's model for the concurrency tracking spreadsheet. Task 0. Project Management This task includes ongoing project management and contract administration costs throughout the duration of the project. Deliverables: Project coordination conference calls with City of Tukwila Planning and Public Works staff as necessary throughout the project. Monthly invoices and progress reports. Task 1. Data Colllection 2-hour PM peak period traffic counts will be collected at the same 63 intersections where counts were previously for the concurrency model. The count information will be post -processed for use in the Synchro models as well as for model validation. Deliverables: Raw intersection count data will be transmitted to City electronically. Task 2. 2018 Base Year Model Update and 2024 Future Year Scenario Development The base year scenario of the City's model will be updated from 2008 conditions to 2018 conditions. This includes updating the land use information and incorporating major roadway and transit improvement projects into the model. The City will provide updated land use estimates at the TAZ level within the City. Fehr & Peers will interpolate land use estimates outside the City using the recent data available from PSRC. The City will confirm Fehr & Peers' list of roadway improvement projects that have been constructed since 2008 for inclusion in the model. Regional roadway and transit improvement projects (RapidRide, Link extension, roadway projects in Kent, etc.) will be incorporated consistent with the PSRC regional model. The updated 2018 base year scenario will be validated within the Urban Center using the same 6 screenlines which were used previously. Inputs for the 6-year 2024 future year scenario will be developed using the same methodology as used to develop the inputs for the 2018 base year scenario. The City will provide a land use forecast by TAZ based on pipeline development projects and a list of planned roadway improvements. Fehr & Peers will provide land use and network improvement projects outside the City that are consistent with the regional model. Deliverables: The updated base year and future year model input and output files will be provided to City electronically. Task 3. Intersection and Corridor Level of Service The City's Synchro network will be updated using the 2018 traffic counts. Intersection geometry will be verified using aerial imagery and updated based on information provided by the City. The City will also provide signal timing for all signialized intersections for Fehr & Peers to verify the inputs to the Synchro are consistent with existing operations. The Synchro file was last updated as part of the Southcenter EIS 71 project in 2013. Intersection and Corridor LOS will be calculated for PM peak hour conditions only using the latest version of the Highway Capacity Manual (HCM) methodology. The 2024 intersection traffic forecasts will be estimated using the difference forecasting method with base and future year output volumes from the City's updated travel demand model. The Syncho network will be updated with the future forecasts and LOS will be computed for the same intersections and corridors as were calculated for the base year scenarios. Recommended improvement projects to meet the City's concurrency targets will be suggested if necessary. Deliverables: The updated Synchro networks will be delivered to the City electronically. Fehr & Peers will attend one in -person meeting with City staff to review the concurrency analysis results. Task 4. Documentation The 2018 model update procedures and 2024 concurrency analysis results will be documented in technical report. Fehr & Peers will respond to one round of comments from City staff before preparing a final version of the report. Deliverables: Technical report documenting the model update and concurrency analysis results. Task 5. Concurrency Spreadsheet Update The concurrency spreadsheet that the City's uses to track development projects will be updated with the latest information from the the City's travel demand model. Fehr & Peers will extract the necessary data for each of the fee areas within the City and update the appropriate sections of the spreadsheet. In addition, Fehr & Peers will review the land use categories and trip generation rates in the tool and update these for consistency with the latest edition of the ITE Trip Generation Manual. Per the City's direction, additional land use categories can be added if necessary. No major revisions to the functionality of or design of the spreadsheet tool are anticipated as part of this process. Deliverables: Fehr & Peers will update the City's concurrency spreadsheet tracking tool per the City's direction and will attend one in -person meeting to review the changes. 72 City of Tukwila Concurrency Update Exhibit B: Project Fee Summary - FA_ August 14, 2018 Task Description Principal in Charge Associate Modeler Senior Planner Engineer Graphics Admin Hours Cost $270 $205 $165 $145 $140 $115 Task 0. Project Management Task 1. Data Collection Task 2. Model Update and Forecast Task 3. Intersection and Corridor LOS Task 4. Documentation Task 5. Concurrency Tool Update 4 16 16 8 4 24 4 20 4 24 24 16 16 8 80 100 24 40 16 40 64 12 144 140 64 64 $8,980 $1,820 $24,800 $22,780 $10,520 $10,340 Labor Subtotal 48 28 104 252 16 40 488 $79,240 Direct Costs Traffic Counts (2-hour intersections counts at 63 locations at $60/hour) Computer, communications, and reproduction charges (4% of labor costs) Mileage reimbursement and travel costs (2 in -person meetings) $7,560 $3,170 $50 Direct Costs Subtotal Budget Summary $10,780 Labor Subtotal Direct Costs Subtotal $79,240 $10,780 Project Total Actual billing rate at the time of service will vary depending on specific staff involved in the project; the overall fee will not be exceeded. $90,020