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HomeMy WebLinkAboutCOW 2018-02-12 Item 3D - Contract Amendment - Fire and Park Impact Fee Study with BERK Consulting for $20,000 CouNcm AGENDA S YNopsis -----------------------------------hlilialr--------------------------------- ITEMNO. b. Meeliq Date Prepared by Allayor's,r te2v Council reiVew 02/12/18 PMC 02/20/18 PMC 3. D . ITEM INFORMATION S'I'AFVSP()NS0R: PEGGY MCCARTHY 02/12/18 A(;i:NDA J'FFNITFH,F� Amend the Berk Consulting Contract for Fire and Park Impact Fee update services. C1 FF1G,()RY Z DiSCUSSion Z Motion E] lZexolulim F-1 Ordinance F-1 BidAward 0 Public Heafin,� El Other All Dale 2112118 Altg Dale 2120118 Mtg DaI4, All ,g Dalt, A/Itg Dalt, All ,g Dale Alg Date SP()NSOIR E]Counczl E]Mqyor [:].[-IR E]DCD Z I"inance E]Firc, E]TV E]11&R ElPolke OPF ElCour, SI)()NS0R',S The Council is being asked to consider and approve an amendment adding $20,000 to the Berk Consulting contract for Fire and Park Impact Fee update services. Although only a portion of this authority is expected to be used, the additional budget provides assurance that resources will be available for Berk's completion of the study document and a presentation to Council on the fee study and methodology. Ri,'Ivirlwrli) iiy F-1 C.O.W. Mtg. ❑ CDN Comm Z Finance Comm. F-1 Public Safety Comm. F�Trans &Infrastructure 0 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 02/06/18 C0MMI'I'IT',1E CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department C0 mm Majority Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $20000 $38000 $58000 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/12/18 MTG. DATE ATTACHMENTS 02/12/18 Informational Memorandum dated 01/31/18 Draft contract amendment Original contract Minutes from the Finance Committee meeting of 2/6/18 02/20/18 65 66 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Peggy McCarthy, Finance Director CC: Mayor Ekberg DATE: January 31, 2018 SUBJECT: Fire & Parks Impact Fees — Contract Amendment ISSUE Approve an amendment to the Berk Consulting Contract for the Fire and Parks impact fee study and update. BACKGROUND The services of Berk Consulting were retained to assist with the Park and Fire impact fee study and update. The contract was signed August 16, 2018 for not to exceed amount of $38,000. The contract limit has almost been reached and there are a few remaining tasks to undertake to complete the project. Because of this, a contract amendment is being requested. DISCUSSION Certain factors contributed to a more accelerated use of the budget than originally planned. Work on the level of service (LOS) standards - which serve as a benchmark for measuring the City's response to growth and are integral to the impact fee development - turned out to be more intensive than expected. The existing LOS standards were clarified and considered in relation to other options to ensure the service levels meet the needs of the residents and other stakeholders. Both a Parks facilities inventory and a Fire facilities inventory was created and valued as part of the study. Also, Berk took the lead on submittal documents for state review and SEPA requirements coordinating with Community Development — this work was not specifically called out in the contract scope. The few tasks left to complete include Berk's assistance in presenting the impact fee study and results to the Finance Committee and Council. FINANCIAL IMPACT The amendment adds $20,000 to the original contract (bringing it over $40,000) and extends the term through April 2018 from the original term of March 2018. It is expected that only a portion of this additional budget authority will be used, and that Berk's work will be completed within the original term. RECOMMENDATION The Finance Committee is being asked to approve the contract amendment and forward it to the February 20, 2018 Consent agenda. ATTACHMENT • Draft contract amendment • Original contract 67 68 Contract Number: 17-147 City of Tukwila • Council Approval: "ka i 6200 Southcenter Boulevard, Tukwila WA 98188 PROFESSIONAL SERVICES AGREEMENT Amendment# 1 Between the City of Tukwila and Berk Consulting Inc. That portion of Contract No. 17-147 between the City of Tukwila and Berk Consulting Inc. is amended as follows: Section 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending April 30, 2018, unless sooner terminated under the provisions hereinafter specified. Section 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 $58,000 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. DATED this day of , 2018_. CITY OF TUKWILA CONSULTANT By: Allan Ekberg, Mayor Printed Name: Title: Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney 69 70 ' �~"�t«^ ��.�r ��8�K��yl� Conk ` au Number: 17-147 *~ �� Council Approval N/A 8200SouthcanMa Boulevard, Tukwila VVAOO188 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the Cih/", and Berk Consulting Inc., hereinafter referred bzas "the ConsU|Cant". in consideration ofthe mutual benefits, terms, and conditions hereinafter specified. 1. The Consultant is retained by the City to pedbnn services in connection with the project dUedParkandFire |mpa«tFaaUpdate. 2. Scope of Services. The Consultant agrees to perform the aervipee, identified on Exhibit �#oohed heredo, including the provision of all labor, nnoterio(a, equipment and supplies. 3. shall be infull force and effect for aperiod commencing upon execution and ending March 31. 2010. unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice bythe City to the Consultant t0proceed. The Consultant shall perform all services and provide all work product required pursuant tothis Agreement nolater than December 31, 2017 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 osfollows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit B attached heredo, provided that the total amount of payment to the Consultant shall not exceed $38.000 without express written modification ofthe 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 tothe Consultant inthe 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 perfornned, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining tothis Agreement are to be kept available for inspection byrepresentatives ofthe City and the state ofWashington for a period of three (3) years after final payments. Copies shall be made mvoUob|o upon request. 5. Ownership and Use of Documents. All documenbs, dravvngs, 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 oopies, including reproducible '7 /)y1��`/l � L'� pa8e1nf7 c� ^~ U' — / copies, ofdrawings and specifications for information, reference and use iDconnection with the Consultant's endeavors. The Consultant shall not beresponsible for any use ofthe said documents, drawings, specifications or other materials by the City on any projectother than the project opeoi5edinth|oAgneemenL 8. Compliance with Laws. The Consultant shall, |nperforming the services contemplated by this Agreemnent, faithfully observe and comply with all federal, ataha. and local |avvs. ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its oMioerm, ofhuia|a, employees and volunteers harmless from any and all o|eims, injuries, damages, losses or suits including attorney feas, arising out of or resulting from the scty, errors or omissions of the Consultant in performance of this Aonoement, except for injuries and damages caused bythe sole negligence ofthe City. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24.115. then, inthe event ofliability for damages arising out ofbodily injury topenaonsor damages toproperty caused byorresulting from the concurrent negligence ufthe Consultant and the C|b/, its offioena, ofDde|s, emp|oyeeo, and volunteers, the Consultant's liability hereunder shall beonly tothe extent nfthe Consultant's negligence. |tisfurther specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCVV, solely for the purposes ofthis indemnification. This waiver has been mutually negotiated bythe parties. The provisions 0fthis section shall survive the expiration ortermination ofthis Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration ofthe Agreement, insurance against claims for injuries toperGVnsordgrnageiopropedyvvhich0ayarisefronn or in connection with the performance of the work hereunder by the Coneu|tant, its aganto, reprasentaUves, 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 bysuch insurance, orotherwise limit the City's recourse to any remedy available ot law orin equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance ofthe types and with the limits described below: 1. Automobile Liability insurance with o minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all ovvnad. Don-owned, hired and leased vehicles. Coverage shall bewritten on Insurance Services Office (I8O) form CA0OO1 ora substitute form providing equivalent liability coverage. If.necessary, the policy shall be endorsed toprovide contractual liability coverage. 2. Commercial General Liability insurance with limits noless than 8i.00O`UOUeach occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall bestleast onbroad esISO occurrence form CGUOU1 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury andedvmrtisin8i The City shall benamed as an additional insured under the Consultant's Commercial General Liability insurance policy with respect tnthe work performed for the City using aD additional insured endorsement atleast aabroad aeISO CG 2O28. 3. coverage aarequired bythe Industrial Insurance laws of - - -'-_ - . .---n"'—n.- Page 2of7 4. Professional Liability with limits noless than$1.DO0.DOOper claim and$1,DO0.000 policy aggregate limit. Professional Liability insurance shall beappropriate tothe Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to conte|n, or be endorsed to contain that they shall be primary insurance with respecttothe City. Any |neuraOce, self-insuognco, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not becontributed orcombined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with o ourrentA.K0. Best rating of not less than/\:V||. D. Verification of Coverage. Consultant shallfurnish th 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 Contractor before commencement of the work. Upon request by the City,the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage, 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 port of the Consultant to maintain the insurance agrequired shall constitute amaterial breach ofcontract, upon which the City may, after giving five business days noticeto the Consultant to oomaut the breech, immediately terminate the contract or, at its discredion, procure or veDeVv such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on denland, or at the sole discretion of the Cib/, offset against funds due the Consultant from the City. S. Independent Contractor. The Consultant and the Qb/ agree that the Consultant is an independent contractor with respect to the aen/ioas 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 toany benefits accorded City employees hyvirtue ofthe services provided under this Agreement. The City shall not beresponsible for withholding orotherwise deducting federal income tax or social security or for contributing to the state industrial insurance pr0grarn, otherwise assuming the duties of an employer with respect to the Consultant, o/any employee of the Consultant. 10. The Consultant warrants that hghas not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit #rsecure this contract, and that hehas not paid oragreed topay any company nrperson, other than ahonafide employee working solely for the Consultant, any fee, conl[OissiVn, pe[centage, 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 vvarrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract prima or conaideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Contractor, with regardt the work performed byitunder this Agreement,will not discriminate on the grounds nfrace, religion, creed, color, national origin, age, veteran sba1us, eax`sexual ohen1otion, gender identity, marital stotuo, political offi|igtion, the presence of any disability, orany other protected class status under state Orfederal law, Page 3of7 inthe selection and retentionofemp|uyeesorpvoounsmertofmaUaro|sVrsupo||ea. 12. Assignment. The Consultant shall not sublet orassign any ofthe services covered bvthis Agreement without the express written consent ofthe City. 13. . Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement ehe|| not constitute awaiver 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 1othe Consultant. B. In the event ofthe death ofmmember, partner orofficer of the Consultant, orany ofits supervisory personnel assigned Lothe project, theourvivingmernbansoftheConsu\tant hereby agree to complete the work under the terms of this /\gueernent, if requested to do so by the City. This section ahoU not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. . This Agreement shall be subject to, and the Consultant shall at all times comply vvith, all applicable federa|, state and |000| |awo, magu1ot)one, and nu|ea, including the provisions of the City of Tukwila Municipal Coda and ordinances of the City of Tukwila. In the event any suit, arbitrotion, 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. |fany term, condition orprovision ofthis Agreement isdeclared 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 comp)et|on, expiration or cancellation of this Agraemmnt, shall survive termination of this Agreement. 17. Notices. Notices tothe City ofTukwila shall besent tothe following address.- City Clerk ddneaa�Cih/ C|erk City ofTukwila G2OOSouthcenterBoulevard Tukwila, WA 98188 Notices toConsultant shall besent tnthe following address: BEF7KConsu|ting 2O251mAve Suite 8OO Seattle, VVA98121 18, Entire Agreement, Modification. This Agreement, together with attachments oraddenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiadons, vepreeentatione, or agreements written or oral. No amendment or modification ofthis Agreement ohm|| be of any force or effect unless it is in writing and signed bythe parties. Page 4uf7 DATEDthis—/(p ', dayof—August 2017 CITY OF TUKVVILA CONSULTANT BY: Printed Name: Brian Murphy_ ma.6,v r Pr-O -r<-fyl�port' Title: Principal Attest/Authenticated: Approved as to Form: rFy"" 1 .1 ool qcu� City Clerk, Christy O'Flaherty Office of the City Attorney Page 5 of 7 75 76 EXHIBIT A—SCOPE OF SERVICES Work will entail all aspects offire and park impact fee development and update, including: Task I: Review existing fire and park impact fee program. Deliverables: ~ Kickoff Meeting with City Staff • Memorandum presenting program review findings Task 2:Assist the City project future growth and estirnate future costs for proposed fire and park projects intended tnprovide additional capacity for new growth, Du/iv*ro6/e: r Future growth projections and project list with costs and share related to growth 7mok 3: Recommend changes iopolicy, fee calculation methodology and rate structure ao necessary. • Workshop with Staff todiscuss methodology options • Draft recommendations ° Present Draft Recommendations LoCouncil • Memorandum documenting rate program update recommendations and schedule Task 4: Document the study and recommendations. Deliverables: * Memorandum documenting rate program update and recommendations w Meet with key City staff ° Present project information and status updates tuthe Tukwila City Council Page 6of7 EXHIBIT B— FEE SCHEDULE BERK Consulting Annie Sieger, Jason Emily Lisa Grueter, Senior Hennessy, Percival, Total Hours and Principal Associate Associate Associate Estimated Cast by Task 2017 Hourly Rate $200 $150 $12S $125 Task 1:Project Kick-off and Review of Existing Program Subtotal 4 12 22 8 46 $6,350 Task 2:Assist Staff Estimate Growth and Costs Subtotal 2 4 8 10 24 $3,250 Task 3:Recommend Changed [Subtotal 4 12 18 16 50 $6,850 DocumentTask 4: Subtotal 4 8 18 16 46 Total Estimated Hours 14 36 66 s 166 Cost(Hours*Rate) :00 $S,400 $8,250 $6,250 $22,700 Subtotal Consultant Cost $22,700 Project Expenses $2,020 Estimated Project Total $24,720 Page 7 of 7 78 City of Tu kwi la City Council Finance Committee FINANCE COMMITTEE Meeting Minutes February 6, 2018-5:30 p.m. -Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kate Kruller Staff: Rachel Bianchi, Peggy McCarthy, Henry Hash,Vicky Carlsen, Bruce Linton, Sherry Wright, Jay Wittwer, Laurel Humphrey CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. Contract Amendment: Fire and Park Impact Fees Staff is seeking Council approval of an amendment to Contract 17-147 with Berk Consulting, Inc. to add $20,000 and extend the term through April 2018 to allow completion of the Fire and Park impact fee study and update. The contract limit has almost been reached, and it is possible that none, or only a small portion,of the additional $20,000 will be needed for the additional services,which include presenting the study results to Council. Determining the level of service standards for Parks and Fire was more challenging than originally expected and required full Park and Fire facilities inventories. If approved, staff will report back to Committee how much of the additional budget authority was used. Chair Quinn stated that a thorough analysis of appropriate fire and park impact fees is very important, and the additional work will help the Council make a sound decision. Councilmember Robertson also spoke in favor of the amendment to complete the project. Councilmember Kruller is opposed to the amendment as she would like staff and the vendor to stay within the original scope and budget. She also requested a more detailed budget for the additional $20,000. DIVIDED RECOMMENDATION (QUINN, ROBERTSON IN FAVOR, KRULLER OPPOSED). FORWARD TO FEBRUARY 12,2018 COMMITTEE OF THE WHOLE. B. Public Safety Plan Financing Staff presented a proposed strategy and timeline for the Committee to identify options and recommendations on how to fund the budget gap in the Public Safety Plan. There is a significant gap in construction costs and the original project budget due to market conditions in the region, and as schematic design progresses on the projects the City Council is receiving more reliable information on which to base its decisions. It will be important for the Finance Committee to thoroughly vet options and prepare to make recommendations to the Council around the time that schematic design is complete for the Justice Center, expected by April. Staff is seeking a common understandingof assumptions as well as Committee direction on various fundingtools. Tools that the Committee is interested in will be built into a financial model that can then be use dto evaluate implications of those tools. 79