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HomeMy WebLinkAboutCOW 2003-10-27 Item 5B - Contract - Parking & Transportation Impacts of Sound Transit Link Light Rail with Charles River Associates for $25,000ITEM INFORMATION CAS Number: 03-137 I Original Agenda Date 10/27/03 Agenda Item Title: Contract with Charles River Associates Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date 1 10/27/03 Meeting Date 10/27/03 COUNCIL AGENDA SYNOPSIS Staff Memo CAP Minutes Meeting Date 10/27/03 Council Admin. X Forward to COW Initials Prepared 1 Mayor's review 1 Council review I SL 1 A415 1 Vic. I I 1 I I I I 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 $25,000. Not to exceed $25,000 000.08.558.600.41 Planning Division Professional Services RECORD OF COUNCIL ACTION Action APPENDICES Attachments Proposed Contract with Charles River Associates ITEM NO. 5 .b, MEMORANDUM TO: Mayor Mullet Committee of the Whole FROM: Steve Lancaster, DCD Director RE: Proposed Contract with Charles River Associates DATE: October 21, 2003 BACKGROUND Dan Brand of Charles River Associates has been a consultant to the City for the past two years. He has provided technical review of the parking and transportation related impacts of the proposed Link Light Rail project. The original contract amount has been exhausted, however the project has continued to evolve and so the need for his expertise is ongoing. PROPOSED CONTRACT 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 $25,000. This is appropriate because the scope of work is to respond to Sound Transit's proposals and aid in the City's parking requirement determination for the 154 Street Station park and ride rather than to produce a specific product. COMMITTEE ACTION Reviewed the draft contract and sent it to the COW for consideration. REOUESTED ACTION Send the contract to the full Council for final approval. Q:U.ight Rail\BrandCOW.DOC Page 1 Community and Parks Committee October 14, 2003 Present: Joan Hernandez, Chair; Jim Haggerton, Joe Duffie Keith Haines, Evie Boykan, Mike Sweeney, Bruce Fletcher, Rhonda Berry, Lucy Lauterbach, Curt Treadwell 1. Regional Affordable Housing_ The State passed legislation in the last Session that allocates new funding for affordable housing from a small surcharge on any property transactions. An interlocal with its agreement for spending funds is needed to adhere to the legislation which states that the funds are to be administered "according to an interlocal agreement between the county and the cities within the county 40% of the funds will be allocated to the State, and Counties cities) will get 60 In King County there will be three sub regions: South King, Seattle, and North/East King County. Another goal of the legislation is that both existing and future needs for affordable housing be addressed. Acquisition, rehabilitation and new construction are the highest priority, then transitional housing operations and maintenance, and then funds for emergency shelters. The process will use County administration so the overhead costs will be low. Tukwila already participates on the HOME Working Group, which will be used to recommend funding projects to the Joint Recommendations Committee. A member from Seattle will be added to the HOME group, since they are not currently represented there. The funds will be used to help house people who are at or below the 50% of median income. Need shall be determined by the 2000 census of people paying over 30% of their income for housing. Planning to meet future affordable housing needs will also need to be included in the funding. Recommend interlocal agreement to Regular Meeting., 2. Contract with Charles River Associates Dan Brand who works for Charles River Associates is one of the foremost experts in the country about transit ridership issues. He has worked on the City's behalf on Sound Transit issues about parking on S. 154`" /TIB. A new contract for his work is $25,000 to help peer review Sound Transit's proposals about parking that are based on their ridership forecasts. Recommend contract to COW. 3. Interactive Voice Response Telephones Permit staff has been using an automated computer program called Permits Plus to track permits. This year's budget included funding to upgrade to a voice response telephone program whereby contractors or people doing permit work can call the system at any time to request an inspection, cancel inspection requests, and hear the results of inspections. The committee wanted to be sure people didn't have to use the system if they preferred to talk to a person, which Steve said they could do. Steve thought it would make customers happy, as well as be easier on staff. Recommend agreement for system to COW. 4. Foster Golf Course Work In April the City let a contract for work on the golf course to be done in conjunction with the clubhouse work. Holes 1, 2, 8, and 9 and the teaching and practice greens were all improved, and the grass is starting to grow on all of them. Mike said the project was completed within budget, though there were five change orders. The change orders had mostly to do with irrigation and soils condition, and some were related to the dirt left over from the clubhouse that the contract had to find a new use for because it came later than originally expected. The final contract price was $354, 660.80. Recommend acceptance of Golf Course project as complete to consent agenda of a Regular Meeting. 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 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 "N' 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 within 30 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $25,000 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. 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 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 s hall b e t he p roperty o f t he City whether the project for which they are made is executed or not. The Consultant shall be permitted t o r etain c opies, i ncluding r eproducible 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 attomey'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 2 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Charles River Associates Incorporated Attn Paul Leuchte, Contracts Manager 200 Clarendon Street T -33 Boston, MA 02116 3 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 Steven M. Mullet, Mayor CONSULTANT By: Q it LJ. j James M Wells Tine :Vice President Controller Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 4 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 making recommendations to the City on parking and transportation topics. Level Officer -03 Prinicipal -04 Associate Principal -05 Senior Associate -06 Senior Associate -08 Senior Associate -10 Senior Associate -11 Senior Associate -12 Consulting Associate -13 Support-14 Associate -16 Associate -19 Analyst -23 Support-18 Support-22 Support-24 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 (14.80 Rate w/o Fee $253.16 $225.37 $197.58 $197.58 $182.15 $157.45 $135.84 $135.84 $101.88 $117.32 $74.09 $77.18 $61.75 $77.18 571.01 $49.40 5