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HomeMy WebLinkAbout102416_ca01Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director Agenda Date: October 24, 2016 Subject: Professional Services Agreement for Comprehensive Plan Update: Transportation Element and Urban Growth Area Element: Transportation Statement of Issue: Public Works has selected Transpo Group USA, Inc. to provide technical support in traffic engineering and transportation planning during the 2018 Comprehensive Plan Update of the Transportation Element and Urban Growth Area Element. Analysis/Strategic Goals/Pros £t Cons: The Department of Public Works does not have staff with the expertise to conduct the necessary technical analysis on the Jefferson County transportation system to complete the traffic forecasts, capacity analysis and to determine future levels of service required for the 2018 Comprehensive Plan Update. Fiscal Impact/Cost Benefit Analysis: The contract is for services through July 2018 with a maximum total value of $65,500. Local road funds will be used for this project. Recommendation: The Board is requested to sign the three originals of the professional services agreement. After signing, return two fully -executed agreements to Public Works for distribution to the consultant and for the Department's project file. Department Contact: Zoe Ann Lamp, AICP, Transportation Planner 385-9162 Reviewed By: ahilipM &, County Administrator Date PROFESSIONAL SERVICES AGREEMENT FOR COMPREHENSIVE PLAN UPDATE TRANSPORTATION ELEMENT AND URBAN GROWTH AREA ELEMENT TRANSPORTATION THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Transpo Group USA, Inc, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified Project Designation tion The Consultant is retained by the County to provide Traffic Engineering and Transportation Planning Services for the Transportation Element and the Irondale-Port Hadlock Transportation Plan of the UGA Element of the Jefferson County Comprehensive Plan 2 Scope of Services Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor 3 Time for Performance Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed Consultant receipt of a Purchase Order shall constitute said notice Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "A" 4 Payment The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows a Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $65,500 without express written modification of the agreement signed by the County b The consultant may submit itemized invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80% of total project costs Such vouchers will be checked by the County, and upon approval thereof, payment will 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 County after the completion of the work under this agreement and its acceptance by the County d Payment as provided in this section shall be full compensation for work PROFESSIONAL SERVICES AGREEMENT Page I of 14 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 County and state for a period of three (3) years after final payments Copies shall be made available upon request 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 County 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 Consultant's endeavors 6 Compliance with laws 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 Consultant shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant The duty to defend as required above shall mean the Consultant will reimburse Client for its reasonable defense costs based on principles of comparative fault 8 Insurance The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract General Commercial Liability Insurance in an amount not less than a single limit of one PROFESSIONAL SERVICES AGREEMENT Page 2 of 14 million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000 00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage a Broad Form Property Damage, with no employee exclusion, b Personal Injury Liability, including extended bodily injury, c Broad Form Contractual/Commercial Liability — including completed operations, d Premises — Operations Liability (M&C), e Independent Contractors and subcontractors, f Blanket Contractual Liability The County shall be named as an additional Insured party under this policy Such Insurance coverage shall be evidenced by one of the following methods * Certificate of Insurance, * Self-insurance through an irrevocable Letter of Credit from a qualified financial institution Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor All insurance provisions for subcontractors shall be subject to all of the requirements stated herein Failure of the Consultant to take out and/or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and PROFESSIONAL SERVICES AGREEMENT Page 3 of 14 agencies) for payment of any premiums or for assessments under any form of policy It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch 48 62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County The County may, upon the Consultant's failure to comply with all provisions of this contract relating to Insurance, withhold payment or compensation that would otherwise be due to the Consultant 9 Independent Contractor The Consultant and the County 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 Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement The County 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 Consultant, or any employee of 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 warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or PROFESSIONAL SERVICES AGREEMENT Page 4 of 14 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 Assigmnent The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County 13 Non -Waiver Waiver by the County 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 County 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 County This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses 15 Notices Notices to the County of Jefferson shall be sent to the following address Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address Transpo Group USA, Inc 12131 - 113th Ave NE, Suite 203 Kirkland, WA 98034 16 Integrated Agreement This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County 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 County and Consultant DATED this day of , 20 PROFESSIONAL SERVICES AGREEMENT Page 5 of 14 SIGNATURE PAGE Name of Consultant Ac> -\(-"t Consultant Representative (Please print) (SiViature) 1 Title Date JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to form only: Date IIsy, Pro`§-e­cuting Attorney Public Works Director/County Engineer PROFESSIONAL SERVICES AGREEMENT Page 6 of 14 EXHIBIT "A" TRANSPORTATION ELEMENT AND URBAN GROWTH AREA ELEMENT: TRANSPORTATION SCOPE OF WORK The following Scope of Work is intended to provide a description of the work, to be conducted by the Consultant, necessary to support the update to the Transportation Element and Urban Growth Area Element: Transportation section. These updates are to be in accordance with the requirements of the Growth Management Act. The goal is to update these Elements building upon previous work accomplished by the County. Transportation Element Update and Urban Growth Area Element: Transportation Update As further described below, the Consultant will provide technical and planning guidance and support in the development and delivery of materials intended to assist Jefferson County in updating these portions of the County's Comprehensive Plan. The updated Transportation Element and Urban Growth Area Element: Transportation section will also be utilized in the update of the transportation portion of the Capital Facilities Element. The final deliverables for Phases 1 and 2 must be delivered to Jefferson County within 75 calendar days after Transpo Group receives the Land Use Data from the County. Updating a Comprehensive Plan is an iterative process with substantial public involvement. In order to address issues that may arise needing the Consultant's expertise, the contract would remain in effect until July 31, 2018. This work will entail providing County staff, in a timely manner, preliminary and final deliverables prior to November 30, 2016 to assure common assumptions, efficient integration of work product, and overall effective delivery for the transportation portions of the Comprehensive Plan Update Planning effort. The Comprehensive Plan, in concert with these Elements will include other element updates to be performed simultaneously by other County departments and agencies. Understandings: • The 2004 Comprehensive Plan planned for a total 2024 population of 40,139 across all planning areas. The population growth has trended less than planned. • The 2018 Comprehensive Plan update will plan for a total 2038 population of 39,221 across all planning areas, which is 918 less than the 2024 estimate. • For areas within the Quimper Peninsula Transportation Study, it is anticipated the same methodology will be used for forecasts, capacities and levels of service. For areas outside the Study area, the Washington State Department of Transportation (WSDOT) Trend Line Growth Rates will be used, along with the methodology used for the 2004 Comprehensive Plan update (Referred to as Table 10-6). PROFESSIONAL SERVICES AGREEMENT Page 7 of 14 • The Quimper Peninsula Travel Demand Model will be primarily utilized for developing traffic forecasts for roadways within and connecting to the Urban Growth Area (UGA) Land use data will be provided by County Staff to update the model Transportation Analysis Zones For areas where no land use data is available, straight line projections will be utilized based on County growth targets • The 2004 Comprehensive Plan indicated there were no level of service or capacity issues on locally owned facilities It is our assumption that the 2018 update will lead to a similar conclusion If during the analyses for the 2018 update the analyses show there are issues, the County expects the Consultant to work closely with the County to make recommendations to address the impacted road segments • Analyses must be conducted for the arterial road system including highways of statewide significance (SR 101, SR 19, SR 20 and SR 104) and important local roads identified by County Staff • It is expected that minor adjustments will be made to the County's level of service standards to reflect the latest available methodologies and best practices More emphasis on incorporating multimodal level of service standards will be placed upon the Urban Growth Element Transportation section where higher densities of land use will depend on improved pedestrian, bicycle, and transit facilities and services GENERAL NOTES All deliverables documents, spreadsheets, graphics, etc, shall be delivered to the County in an electronic format suitable to the County Currently, the County uses Microsoft Office (Word, Excel, etc), AutoCAD, and ESRI ArcGIS software All documents, correspondence, technical data, and graphics prepared in conjunction with this project become the property of the County for its use and distribution No additional fee will be due to the Consultant for the reproduction, use, and/or distribution of any of the documents, correspondence, technical data, and/or graphics The Consultant shall submit monthly progress billings via US Mail Each monthly progress billing shall have weekly progress reports attached The bill will show staff hours for each Phase (e g, Phase 1 Project Startup) Progress billings will be deemed incomplete and subject to non- payment if progress report is not included Phase 1 PROJECT STARTUP 1 1 Start Up Meeting The Consultant will attend a "Start Up" meeting with the Public Works staff to discuss current issues, opportunities, and concerns for updating the Traffic Forecasts, Capacity Analysis, and Level of Service for incorporation into the Transportation Element and the Urban Growth Area Element Transportation section Deliverable Notes from the meeting outlining issues discussed and action directives established PROFESSIONAL SERVICES AGREEMENT Page 8 of 14 12 Information Review and Existing Conditions County Staff will assemble and make available to the Consultant existing plans, studies, and other data useful in updating the Elements, to electronic file format where appropriate, as listed below 1 Digital files and paper copies of aerial photography, land use mapping (current or forecasted), County street system maps, parcel and zoning maps, 2 Existing Countywide Comprehensive Plan and amendments, including the Transportation Element and UGA Element, 3 Non-Motonzed Transportation and Recreational Trail Plan, 4 Ordinances and portions of County Code related to Transportation, 5 Road and street standards, 6 Current road inventory, 7 Three (3) years of traffic accident data will be provided, 8 The Peninsula Regional Transportation Planning Organization's Regional Transportation Plan 9 Inventory of signals, 10 List of intersection improvements since the 2012 Quimper Peninsula Transportation Study, 11 Traffic count data in spreadsheet format, 12 Population forecast, number of households and employment distribution consistent with those being used for the Land Use Element provided in a format consistent with model requirements, 13 Building permit data for residences, industrial development, and commercial development issued from 2009 — 2015 in the Irondale-Port Hadlock UGA, and 14 Quimper Peninsula Travel Demand Model Documentation 15 Quimper Peninsula Transportation Study 16 SRI 9/SR.20 Corridor Plan 17 Pleasant Harbor Master Planned Resort Final Environmental Impact Statement and the Pleasant Harbor Master Planned Resort Transportation Impact Study 18 Other reports that may have information useful to this project Deliverable Based on the review of this information and any "pipeline" projects identified by the County, the Consultant will prepare a technical memorandum that includes • A summary of the existing traffic count and collision history data PROFESSIONAL SERVICES AGREEMENT Page 9 of 14 • A discussion of the approach to be used to update the traffic forecasts • A discussion of existing conditions, including a Capacity Analysis and Level of Service Analysis, based on current land use and population forecasts • A discussion of the recommended methodologies and assumptions for updating the Traffic Forecasts and Level of Service Capacity PHASE 2 TRANSPORTATION FORECASTS AND IMPACTS 21 Staff Meetings It is assumed that the Consultant will meet with Public Works staff three times based on the needs of the project These meetings will be scheduled when possible in conjunction with other scheduled meetings in order to reduce travel for both County staff and the Consultant and to reduce the project budget Deliverable Three staff meetings and notes from the meetings outlining issues discussed and action directives established Transportation Element 22 Update Traffic Forecasts, Capacity Analysis, and Levels of Service Based on the data and agreed upon methodologies from Phase I, the Consultant will provide traffic forecasts, and analyze future capacity for roads and future levels of service for the roads identified by the County Deliverable Provide narratives, tables, and maps in electronic format that can be used in the Transportation Element consistent with the requirements of the Growth Management Act 23 Update Other Transportation Modes Forecasts After review of existing non-motonzed facilities, collision history data, and the travel forecasts, summarize potential impacts and needs to other modes of transportation based on the population forecasts and land use for the twenty-year period Consider policy language and potential options for incorporating multimodal level of service Deliverable Provide narratives, tables, and maps analyzing and discussing the impacts and needs to other modes of transportation for inclusion in the Transportation Element consistent with the requirements of the Growth Management Act 24 Update List of Impacted Roads The Consultant will develop an updated list of impacted road segments based on the traffic forecasts completed and identify which road segments are forecast to have capacity related issues based on the adopted level of service (LOS) standards for the PROFESSIONAL SERVICES AGREEMENT Page 10 of 14 twenty-year period For those roadway segments at or approaching capacity in the long- term, estimate the operating conditions for an interim six-year period for concurrency and project pnontization purposes Deliverable Provide narratives, tables and maps discussing the impacts to roads for inclusion in the Transportation Element consistent with the requirements of the Growth Management Act 25 Renew Current Goals, Policies, and Strategies The Consultant will review and compare existing goals, policies, and strategies of the County and the PRTPO, and provide suggested Goals, Policies and Strategies for compatibility with military bases and climate change Deliverable Draft Goals, Policies, and Strategies addressing compatibility with military bases and climate change for incorporation into the updated Transportation Element Urban Growth Area Element Transyortahon Section 26 Update Traffic Forecasts, Capacity Analysis, and Levels of Service Based on the data and agreed upon methodologies from Phase I, the Consultant will provide traffic forecasts, and analyze future capacity for roads and future levels of service for the roads identified by the County Deliverable Provide narratives, tables, and maps in electronic format for inclusion in the Urban Growth Area Element Transportation section consistent with the requirements of the Growth Management Act This includes updates to Tables 3 — 7 27 Update Other Transportation Modes Forecasts After review of existing non-motonzed facilities, collision history data, and the travel forecasts, summarize potential impacts and needs to other modes of transportation based on the population forecasts and land use for the twenty-year period Consider policy language and potential options for incorporating multimodal level of service Deliverable Provide narratives, tables, and maps analyzing and discussing the impacts and needs to other modes of transportation for inclusion in the Urban Growth Area Element Transportation section consistent with the requirements of the Growth Management Act 28 Update List of Impacted Roads The Consultant will develop an updated list of impacted road segments based on the PROFESSIONAL SERVICES AGREEMENT Page I I of 14 traffic forecasts completed and identify which road segments are forecast to have capacity related issues based on the adopted level of service (LOS) standards for the twenty-year period For those roadway segments at or approaching capacity in the long- term, estimate the operating conditions for an interim six-year period for concurrency and project prioritization purposes Deliverable Provide narratives, tables and maps discussing the impacts to roads for inclusion in the Urban Growth Area Element Transportation section consistent with the requirements of the Growth Management Act This includes updating Table 2-5 Phase 3 PUBLIC INVOLVEMENT 31 Planning Commission Meetings It is anticipated that the Consultant will not be required for any presentations to the Planning Commission If it is determined that the Consultants presence is required, it will considered either "extra -work" per the Agreement, or other portions (tasks) of the work will be reduced, if appropriate and without sacrificing the quality of the Plan, sufficiently to cover the cost of any additional presentations, or a combination of both 32 County Commissioners Meetings It is anticipated that the Consultant will not be required for any presentations to the Board of County Commissioners If it is determined that the Consultants presence is required, it will considered either "extra -work" per the Agreement, or other portions (tasks) of the work will be reduced, if appropriate and without sacrificing the quality of the Plan, sufficiently to cover the cost of any additional presentations, or a combination of both PHASE 4 COMMERCE AND PRTPO CHECKLISTS 41 Review of Draft Elements for Compliance with Requirements The Consultant will review the draft Transportation Element and draft Urban Growth Area Element Transportation section compiled by Staff against the Department of Commerce Expanded Comprehensive Plan Checklist and the 2016 Peninsula RTPO Comprehensive Plan Consistency and Certification Checklist to comment on whether all requirements have been addressed Deliverable Provide memorandum detailing the recommended changes to comply with the requirements Stars preliminary draft is expected to be available the end of January 2017 42 Review of Final Element for Compliance with Commerce and PRTPO Checklists PROFESSIONAL SERVICES AGREEMENT Page 12 of 14 The Consultant will review the final Transportation Element and Urban Growth Area Element Transportation section and complete the Department of Commerce Expanded Comprehensive Plan Checklist and the 2016 Peninsula RTPO Comprehensive Plan Consistency and Certification Checklist Deliverable Completed checklists ready to submit to appropriate agencies Final deliverable on this task 1s expected to be due mid-June 2018 PHASE 5 FUTURE TASKS Future tasks may include updating the Jefferson County Non-Motonzed Transportation and Recreational Trails Plan PROFESSIONAL SERVICES AGREEMENT Page 13 of 14 EXHIBIT "B" Transpo Group USA. Inc. Cost Estimate Worksheet transpo YT Pay rates are effective from June 25, 2018 through June 23. 2017, within the ranges shorn n &u attachmen Only key staff are shorn and other staff may work on and charge to the protect as needed by the protect manage+ Labor: Work Task ------ii--- 1 so 2 Hours Cost 3 f0 4 $0 so �rioi®rioori0 �tii®ifiiifi®® .. vo®i®rioirio� o�®oo�iri�o� ori®io�ii�o Tod Hours 76 6 92 1 160 118 0 26 d 0 506 f5,d72 $256 fd,508 (5,110 $3,999 f0 $678 f156 f0 Fee (is a % of labor) 1� $6,152-93 Subeortcu/tants: 1 so 2 s0 75 3 f0 4 $0 so PROFESSIONAL SERVICES AGREEMENT Page 14 of 14