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HomeMy WebLinkAboutCOW 2004-07-12 Item 5C - Contract Amendment - Technical Work for Sound Transit Link Light Rail with Charles River Associates for $30,000 COUNCILAGENDASYNOPSIS ................................. .Initials ................................. ITEM NO. Meeting Date Prepared ~. [ Mayor's review Council review 07-12-04 AS~Jl ~w~ ~ 5 C CAS NUMBER: 04-100 ORIG~qAL AGENDA DATE: JULY 12, 2004 AGENDA ITeM TtTLE Contract Amendment - Charles River Associates (AG 04-019) CATEGOR X Discussion [] Motion [] Resolution [] Ordinance [] Bid Award~H~,~i~ [] Public [] Other Mtg SPONSOR [] Council [] Mayor [] Adm. X DCD [] Finance [] Fir~ [] Legal [] P&R [] Police [] PW SPONSOR'S This "not to exceed $30,000" contract amendment covers Dan Brand's on-going SUMMm~Y technical work involving Sound Transit, including attendance to public hearings. P, EVIEWED BY [] COW Mtg. X CAP [] F&S Cmte [] Transportation Crate [] Utilities Crate [] Arts Comm. [] Parks Comm. [] Planning Comm. DATE: 06-29-04 ..... RECOMMENDATIONS: SPONSOR/_A-DMIN. Review & forward to consent agenda COM~T~E CAP supported amendment and forwarded it to 07-12 COW EXPENDITURE REQUllLED AMOUNT BUDGETED APPROPRIATION REQUIRED Sao, ooo.oo $ Fund Source: General Fund - Sound Transit Comments: ; 07-12-04 Memorandum from Steve Lancaster dated 07-14-04 Proposed amendment to AG 04-010 Copy of AG 04-019 Minutes - Community Affairs and Parks - June 29, 2004 ~ .......... -......- ~.~'""~ Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet Committee of the Whole FROM: Steve Lancaster, DCD Director RE: Proposed Contract Amendment with Charles River Associates DATE: July 14, 2004 BACKGROUND Dan Brand of Charles River Associates has been a consultant to the City since September 2001. He has pro¥ided technical review of the parking and transportation related impacts of the proposed Link Light Rail project. The original contract amount for $24,500 was approved in September 2001 and a second contract for $10,500 was approved in November 2002. A third contract for $50,000 was approved in March 2004. These contract amounts have been exhausted. However, work with Sound Transit on parking issues for the South 154th Street Station has continued to evolve and the need for his expertise continues. PROPOSED CONTRACT AMENDMENT We have drafted a contract amendment for your consideration (see attached). It is structured as a time and materials contract with a not-to-exceed amount of $30,000. This contract is intended to cover Mr. Brand's ongoing work conceming Sound Transit, potentially including implementation of some aspects of the parking determination and attendance of public hearings related to the project. COMMUNITY AFFAIRS AND PARKS COMMITTEE ACTION Reviewed the draft contract amendment and sent it'to the COW for consideration. REQUESTED ACTION Review the draft contract amendment and forward to the Council's Consent Agenda Q:\dan brand contract 6-04\BRANDCOW7.6.04.DOC Page 1 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~ . .:~;~::.. ~. City of Tukwila ~... ~.-.. · Contract for Services ' ::~:'~ ' Amendment # Between the City of Tukwila and Charles River Associates .'-.':-~:~: That portion of Contract No. AG04-019 between the City of Tukwila and ~ New Exhibit: _ EXHIBIT A-2 ADDENDUM · ,... SCOPE OF WORK Charles River Associates will provide teelmical review, analysis and advice regarding parking demand and transportation impacts related to the proposed Link Light Rail .System. These services will include, but not be limited to: [a reviewing repom submitted by Sound Transit, a participating in technical review meetings eithar in person or bY conference call, :: a providing expert testimony at public hearings, :. [~ making recommendations to the City on parking and transportation topics. cOMPENSATION Compensation for the tasks included in the amended Scope of Work {Exhibit A-2) shall not exceed $30,000. Compensation for the entire contract (as amended) shall not exceed $80,000. DU!3AT!ON O.~ AG_~EMENT .: · ~ This agreement shall be extended in full force and effect for a period '' commencing October 1, 2004 to December 31, 2004. ~ ' All other promsions of the contract shall remain in full force and effect. ~' DATED this day of ,20 CONTRACTOR CITY OF TUKWILA James M. Wells, Vice President & Controller Steven M. Mullet, Mayor ATTEST/AUTHENTICATED APPROVED AS TO FORM Jane E. Cantu, CMC, City Clerk City Attorney AG 04-0( q CONSULTANT AGREEMENT FOR TRANSPORTATION CONSULTING SERVICES TUTS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and Charles River Associates Incorporated, 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 consulting services in connection with the City's review of the Link Light Rail project. 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 before September 30, 2004, 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 "I3" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $50,000 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 p.rogess 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 chall 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 Ciry 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 find 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 end_,., 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 A. 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, ordinapres and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold hanuiess the City, its officers, agents and employees, from and against any and all claims, losses or liability, incl attorney's fees, arising from injury or death to persons or damage to property n. Y KtA ifr eAcat A occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. WWI 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. Independent Contractor. The Consultant and the City agree that the Consultant is an Lucie pende,-,t contractor with respect to the services provided pursuant to this A ent 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 A sreranent The City shall not be responsible for withholding or otherwise deducting federal semi v^ tax or social security or for contributing ni the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 9, Cavenaatt Against Coaa'dngent Pees. The Consultant warrants that he has not employed or retained any company or person, other than a bona. fide employee working solely for the Consultant, to solicit or secure this contrast, and that he has not paid or agreed to pay any company or person, otter 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 wsuant, the City shall have the right to annul this contract without liability, or in its discretion to deduct flora the contract price: or consideration, or otherwise recover. the full amount of such fee, commission, brokerage fee, gift, or contingent fee. 10. 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, apse, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 12, 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. 13. 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 teens 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. 14. Attorneys Pees 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 2 MAR. 3.euu4 3�G4YM LMM%Ltb K1vtK 1 4v o1.=7 15. Notices. Notices to the City of Tukwila shall b8 sent to the following address; City Clerk City of Tukwila 6200 Sottthcenter Boulevard Tukwila, WA 98188 Notices to Consultant shalt be sent to the following address: Paul T. Leuchte Charles River Associates Incorporated John Hancock Tower, T -33 200 Clarendon St. Boston, MA 02116 -5092 16. Integrated Agra -.t. This Agreement, together with attachments or addenda, represents the entire and integrated A between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agrremnent may be amended only by written instrument sign ed by both the City and the Consultant. DATED this 2 day of JL' LU rh 2004. C OF TUKWILA CONSULTANT By: k) A 0-1 Steven M. Mullet, Mayor Printed Name:James M. Wells Title: Vice President Controller Attees�t�/A�utfheenticated Approved ass to Form: r Office lane E. Cantu, CMC, City Cl of e City Attorn y) A. 3 NPR. 3. GUVJ4 s: 24PM O-1Ht<Lt5 N.LVt NO. 257 t -t Exhibit A Scope of Services Charles River Associates will provide technical review, analysis and advice regarding parking demand and transportation impacts related to the proposed Link Light Rail System. These services will include, but not be limited to: reviewing reports submitted by Sound Transit, participating in technical review meetings either in person or by conference call, providing expert testimony at public hearings, performing independent parking demand forecasts and technical memoranda and brief reports incbu4ing a. final report containing best estimates of parldag demand at the South 154 Street station in 2011 and 2020. making recommendations to the City on parking and transportation topics. 4 MIR. 3.2004 3;24PM CHFlRLES N1 VEN HSSUCCb 4v ,,scc 11U.,70( r.o.o Exhibit B Payment Schedule Charles River Associates will provide services on a Cost Plus 10% Fee Basis per the following schedule. Expenses for travel and outside photocopying will be billed at cost plus General Administrative (G&A). Library search and data acquisition services charges include an amount designed to recover the Exed costs of providing these services. Miscellaneous expenses for telephone, facsimile, on -site copying, courier, shipping, postage and supplies are allocated on a pro rata basis and will be billed at cost plus G &A. 2001 STANDARD COSTS .AND BILLING RATES US STD 2001 Government TITLE LEVEL. RATE Hourly Hourly WITHOUT Fee WITH 10% Fee OF9C €RS 02 381.00 5224.63 3246.99 PRINCIPALS 04 $69.00 3191.27 5210.39 SA's 06 357,00 5158,00 517320 SA'a 08 552,00 5144.14 5158.56 SA's 10 547,00 3130.28 5143,31 SA's 11 $47.00 $130.28 5143.31 SA's 12 $40.00 5110.88 5121.97 SA's 13 537.00 5102.56 3112.52 SA's 14 $36.00 399.79 5109.77 ASSOCIATES 16 331.00 $85.93 594.63 ASSOCIATES 18 $23,00 $63,76 $70213 ANALYSTS 23 $19.00 $52.67 357.93 SUPPORT 18 526.00 $72.07 379,26 SUPPORT 22 $22.00 $60.98 $67.08 SUPPORT 24 $14.00 $38.81 342.69 FRINGE 0.5472 O/H 0.6642 GaA 0.0767 G8A SUES 0.0839 COST MULTIPLIER 32.77 MULTIPLIER W/ 10% FEE 33.05 k 5 Community and Parks Committee June 29, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Kathy Stetson, Evie Boykan, Jack Pace, Steve Lancaster, Lynn Miranda, Lucy Lauterbach; Tom Gut and Don Monahan Sea Tac Public Works 1. Interlocal re CDBG. and Home Investment Programs The City receives CDBG and HOME housing investment program funds through King County, which uses a Joint Rec6mmendations Committee (JRC) to advise the County on allocations. The JRC duties and composition are spelled out in the interlocal the cities and county sign for the distribution of funds. Representation on the JRC is being changed to allow more suburban representation. Taking one County representative off and adding 2 members each from south and north/east suburban King County is the change being addressed. The Committee supported the amendment to the interlocal. Recommend interlocal amendment to Council. 2. Dollar Rent-A-Car Signs Dollar Rent-A-Car is located on S. 160th/TIB at the boundary of Sea Tac and Tukwila. Sea Tac is now improving TIB at this location, and in the construction process one of Dollar's signs was damaged beyond repair. Tukwila's sign code requires nonconforming signs (which these are) to be made conforming when the sign is relocated or modified. Two options were presented: either change the boundary to give the business to Sea Tac, which would allow two signs; or pass a waiver to allow the business to have two signs placed just outside the right of way. The Sea Tac staff members were relieved they did not have to condemn the signs, which could have cost the city up to $1 m. Recommend resolution to COW and Regular Meeting. 2a. Junk Cars & Property MaintenaneeThe Committee members asked Don and Tom about their code enforcement of the Sea Tac junk car and property maintenance ordinances. The ordinances for junk cars are strictly enforced in the.front and side yards visible from the street. A citizen group had worked with city officials to define how much (what percentage) of a yard or front property could be used for parking vehicles. Another law they passed did not allow the freestanding tents (a tent roof on four 7' poles) in front yards unless it has no walls. Both said it was going very well, with no public outcry from citizens over the more strict regulations. When asked if they'd given residents a year to get used to the new codes before they were strictly enforced, Tom said he didn't think it was that long, though he thought it could have been six months. They said they advertised their new standards for about six months in their city newsletter. Information. 3. Ordinance Renewin~ TOD Moratorium The Transit Oriented Development (TOD) area offof Interurban has had a moratorium since 2002, when the City decided to have an integrated plan for this area. The planning has proceeded with public input through several stages, but is not quite done yet. The Council did approve an amendment to the original moratorium ordinance, adding uses allowed there. An applicant has asked for a broadening of those uses, but the staff and Committee members agreed that was not appropriate now. The Committee chose to renew the moratorium for six months, hoping work will be done by then to be able to remove it. Recommend resolution extending moratorium to COW and Regular Meeting. 4. Charles River Contract Dan Brand of Charles River has helped the City in its negotiations with Issues have since his work first started, and his expertise is Sound Transit over parking issues. changed still needed to respond to Sound Transit's proposals. This can be done through a contract extension, lei adding $30,000 to the cun'ent contract. The Committee supported this proposition. Recommend contract e×tension to COW and Re~nlar Meeting,, $. international Proper~ Maintenance Code The Committee had considered this Code iu April, and it went to the Council, where many questions about its implementation and effect were asked. Further consideration was recommended, and the Committee again reviewed the Code and the impacts it would hav~ on Tukwila citizens. Staffhad prepared a memo asking and answering some of the questions th/~t had come :up previously. They went over some of the thorny issues previously discussed· The new code will work with the new International Building Code as well as other new Fire, Mechanical, and Residential Codes. It covers topics not covered in the 1997 Housing Code, though some subjects that have raised concern are already in the Housing Code. It can be used to clean up rental houses, as well as buildings that are not houses The new code could address these issues in apartments as well as in houses. CDBG funds are available for people to address some home improvements needed for health and safety. The Committee discussed the item about no major car repairs in carports. After discussion about the need to have a place to work on cars, as well as the aesthetics and potential hazard major car repair could entail, the Committee decided that a person working on one car even for major work would probably not be cited (unless neighbors reported the car work as a problem). It is the continuous working on several cars of friends and families, often with multiple cars on the property at once, that is the target of the new Code. One of the things Sea Tac did was limit parking at single family homes as a way to address a very large number of people living in one house· Pam L had estimated that her large house could legally hold 14 people, with potentially 14 cars. It is the cars that cause the neighborhood problems. Sea Tac addressed this by limiting the number of cars a house can park· It is one way to address the issue of ovemrowding in homes. Kathy will devise charts of both small and large homes and how many people can legally reside in them· Dave asked about the pool and spa provisions. He has to meet stringent King County Public Health codes, and he is meticulous about keeping his pool in compliance year round. The Ben Carol pool, on the other hand, is a public danger as the muck tums the water thick green and nothing under the surface can be seen all winter. The new code would allow this to be addressed. Dave wanted to be sure the provisions in the IPMC did not conflict with the Public Health roles. The Committee members felt that though everyone might not like all the provisions in it, the new IMPC was worth passing intact. As Steve L said, it is a matter of policy for the Council to decide how they want the City to look· Joe thought that since several cities around us had passed the Code, Tukwila should keep up with them. Recommend International Propert3', Maintenance Code to Council. ,~.~'~' Committee chair approval.