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HomeMy WebLinkAboutCOW 2004-02-23 Item 3G - Agreement - Parking Demand / Transportation Impacts on Sound Transit Link Light Rail with Charles River Associates for $50,000I Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date 2/10/04 Meeting Date 2/10/04 2/23/04 COUNCIL AGENDA SYNOPSIS Meeting Date 2/10/04 2/23/04 Council Forward to COW Not to exceed $50,000 Forward to the Council of the Whole Admin. X Initials Prepared 1 1 Mayor's review SL SL 1 LW. I "I I ITEM INFORMATION CAS Number: 04-028 Original Agenda Date 10/27/03 Agenda Item Title: Contract with Charles River Associates Charles River Associates has been a consultant to the City for the past two years providing technical review of the parking and transportation related impacts of the Link Light Rail project. Attached is a new contract for your consideration. It is structured as a time and materials contract with a not to exceed amount of $50,000. RECORD OF COUNCIL ACTION Action APPENDICES Attachments Staff Memo to CAP CAP Minutes Proposed Contract with Charles River Associates Staff Memo Proposed Contract with Charles River Associates CAP Minutes dated 2/10/04 Council reyiew J 1.-11 v I- ft ITEM No. 3c. L BACKGROUND PROPOSED CONTRACT City of Tukwila ila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet Council of the Whole FROM: Steve Lancaster, DCD Director RE: Proposed Contract with Charles River Associates DATE: February 11, 2004 Dan Brand of Charles River Associates has been a consultant to the City since September, 2001. He has provided 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. These contract amounts have been exhausted, however the project has continued to evolve and so the need for his expertise is ongoing. We have drafted a new contract for your consideration (see attached). It is structured as a time and materials contract with a not -to- exceed amount of $50,000. This contract is intended to cover Mr. Brand's ongoing work in responding to Sound Transit's proposals, including aiding in the City's parking requirement determination for the 154 Street Station park and ride and potentially conducting peer review of portions of any related traffic impact analyses. COMMUNITY AFFAIRS AND PARKS COMMITTEE ACTION Reviewed the draft contract and sent it to the COW for consideration. REOUESTED ACTION "Review the draft contract and forward to the full Council for consideration. /Milan brand rnntrartRrni l fl nor Paae1 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 CONSULTANT AGREEMENT FOR TRANSPORTATION CONSULTING SERVICES THIS 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 perfonn 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. 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 $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 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. 11 Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 9. 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. 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, age, 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 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. 14. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing Party. 2 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southeenter Boulevard Tukwila, WA 98188 Notices to Consultant shall 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 Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2003. CITY OF TUKWILA CONSULTANT Steven M. Mullet, Mayor Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney By: Printed Name:James M. Wells Title: Vice President Controller 3 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: o reviewing reports submitted by Sound Transit, o participating in technical review meetings either in person or by conference call, o providing expert testimony at public hearings, o performing independent parking demand forecasts and o technical memoranda and brief reports including a final report containing best estimates of parking demand at the South Ise Street station in 2011 and 2020. o making recommendations to the City on parking and transportation topics. 4 2001 STANDARD COSTS AND BILLING RATES TITLE 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 fixed 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. US STD 2001 Govemment LEVEL RATE Hourly Hourly WITHOUT Fee WITH 10% Fee OFFICERS 02 $81.00 $224.53 5246.99 PRINCIPALS 04 $69.00 $191.27 $210.39 SA's 06 $57.00 $158.00 5173.80 SA's 08 552.00 $144.14 5158.56 SA's 10 $47.00 $130.28 5143.31 SA's 11 $47.00 $130.28 5143.31 SA's 12 540.00 $110.88 5121.97 SA's 13 $37.00 $102.56 5112.82 SA's 14 $36.00 $99.79 5109.77 ASSOCIATES 16 $31.00 $85.93 594.53 ASSOCIATES 19 $23.00 563.76 570.13 ANALYSTS 23 $19.00 $52.67 557.93 SUPPORT 18 526.00 572.07 579.28 SUPPORT 22 522.00 560.98 567.08 SUPPORT 24 $14.00 $38.81 542.69 FRINGE 0.5472 OM 0.6642 G&A 0.0767 G&A SUBS 0.0839 COST MULTIPLIER 52.77 MULTIPLIER W/ 10% FEE $3.05 5 Community and Parks Committee February 10, 2004 1� Present: Pam Linder, Chair; Dave Fenton, Joe Duffle r C. Steve Lancaster, Rebecca Fox, Jack Pace, Lucy Lauterbach 1. Annual Amendment to the Comn Plan Amendments to the Comp Plan are allowed only once a year unless there is an emergency. Staff is preparing changes to the Comp Plan, but because of their workload in other areas, they are doing minimal changes to comply with changed Growth Management Act (GMA) regulations, and three requests that have been submitted by members of the public. Anything beyond these issues will need to be proposed for the 2005 budget, as time does not allow more to be done this year. A proposed public participation schedule was reviewed, and the Committee thought it was very thorough. Expanding on the technical changes that will be proposed by staff, Steve went through the update issues briefly, and Rebecca's memo gave a little more detail. Those issues will be an expanded checklist that relies somewhat on the old comp plan EIS Steve said some issues could be controversial though they won't be major issues. Our comp plan policies will all be reviewed, and then the GMA regulations will be reviewed to see which of our policies needs to be updated. Dave asked how we could make sure our mailing list reached everyone, and was told the most current list will be used, and anyone who shows an interest in the subject can be contacted. The Hazelnut will also be used to inform citizens about the process. Recommend resolution to COW. t 2. Charles River Associates Contract Since fall of 2001 the City has contracted with Charles ver in order to use the extensive knowledge and contracts of Dan Brand who works there. Mr. Brand is a pre- eminent expert in the field of parking, and has helped the City do a bit of planning for Sound Transit in this field. Now the work will intensify and his help will be more heavily relied on. Steve pointed out that the contract is not inexpensive, but that it is worth every penny. Sound Transit's original documents referenced Mr. Brand, so they can't say he's not creditable. Recommend contract to COW. 3. ECO Northwest contract Two associates from ECO NW have worked with the City as the plans for the TUC and TOD have begun. They are working with the economic and fiscal issues about the two areas. The next phase will take an in -depth look at markets for housing and development for the TUC/TOD areas. Whether it will pay to build specific housing and retail in certain areas will be looked at from a perspective of whether or not it makes sense. This company's work is paid through a grant. Pam raised the issue of this study having large implications, and said it needed to be compared to the Westfield Mall/Klickitat expansion, Tukwila Village, and the Segale developments. All will be vying for city funds, and priorities will need to be set. Pam said it's hard to compare the costs and benefits of all these projects. Recommend contract to COW. Committee chair approval