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HomeMy WebLinkAboutReg 2018-02-20 Item 5C - Contract Amendment - Fire and Parks Impact Fee Study with BERK Consulting for $20,000COUNCIL AGENDA SYNOPSIS 1 nili<rl ,I1ee/ing llu/e Pre'rrrerl fey illy orc reoiena Council review 02/12/18 PMc the Berk Consulting Contract for Fire and Park Impact Fee update services. on 2/12/18 02/20/18 PMc n ordinance ,\Irg Dale ^ Bid Ann. <\I/g Dale ■ Public I le, ././/g ,\Irg Dale F other .\Irg Date (2 \ 11:(,()RY Di;rwss ►1,Vi i\1tg Dale .\/rg SPONSOR 1 Ico%Heil I Irlllayor• I ❑DC.D 11F7nan.e [ n IS UPcR I— Po/ice PT' Court SPONSOR'S The Council is being asked to consider and approve an amendment adding $20,000 to the St'::\IIAP\RY 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. ITEM INFORMATION ITEM No. 5.C. STAIT S1'ONSOIt: PEGGY MCCARTHY ORIGIN \I..i(lI;N1).A D.Vit: 02/12/18 \GIINI).A Lir Trrir Amend the Berk Consulting Contract for Fire and Park Impact Fee update services. on 2/12/18 o/ion Dale 2/20/18 C Reso/crtion a\Ig Dale n ordinance ,\Irg Dale ^ Bid Ann. <\I/g Dale ■ Public I le, ././/g ,\Irg Dale F other .\Irg Date (2 \ 11:(,()RY Di;rwss ►1,Vi i\1tg Dale .\/rg SPONSOR 1 Ico%Heil I Irlllayor• I ❑DC.D 11F7nan.e [ n IS UPcR I— Po/ice PT' Court SPONSOR'S The Council is being asked to consider and approve an amendment adding $20,000 to the St'::\IIAP\RY 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. RIf.A'IIr,AV'III) I3Y —1 C.O.W. Mtg. L CDN Comm ® Finance Comm. ❑ Public Safety Comm. n "Trans &Infrastructure ❑ Arts Comm. Parks Comm. I Planning Comm. DATE: 02/06/18 COMMITTEE C:IIAIR: QUINN RECOMMENDATIONS: SPONSOR/ IDIIN. CoNI:\II'I`I'I'.I Finance Department I Majority Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI:N11IURN RIN/UIRI?u 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 Updated Informational Memorandum after C.O.W. Potential scope of work and impact fee update Contract amendment and original contract 0 1 32 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Ekberg Finance Committee FROM: Peggy McCarthy, Finance Director DATE: January 31, 2018 Modified Februar 14 2018 SUBJECT: Fire & Parks Impact Fees Allan Ekberg, Mayor 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 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 and extends the term through April 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 of March 2018. 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 • Potential Scope of Work for Proposed Contract Amendment 33 34 Potential Scope of Work for Proposed Amendment to the Berk Consulting Contract The contract amendment is requested preemptively to ensure resources are available for contingencies allowing timely and thorough project completion. Much like budget amendments, staff strives to fully and timely inform the Council should a budget or scope concern arise. The budget amendment will be executed only if the additional funds are needed to complete the project. Potential tasks that are outside the scope of the original contract that could be covered under the proposed amendment include the following: • Council workshop beyond the scope of the meetings included in the original contract. • Modification of land use categories (see attached memorandum from Berk Consulting) • Additional research and analysis beyond responding to clarifying questions on the work performed under the existing contract. Should the amendment request be approved, the scope and fee for any additional work to be performed under the amendment would be documented in a memorandum of understanding between Berk Consulting and the City of Tukwila before commencement of the work. Attachment: Potential Scope Amendment 1— Modification of Land Use Categories, Berk Consulting, 02.13.2018 35 36 201 8,432.„ 3 City of Tukwila Fire and Parks Impact Fee Update Potential Scope Amendment 1- Modification of Land Use Categories UNDERSTANDING The City is considering amending the categorization of land uses included the fire impact fee rate table. This change has implications for aligning incidents to those land use categories; this will include cross - walking the National Fire Incident Reporting System (NFIRS) and the King County Assessor's Land Use (LU) categories. ADDITIONAL TASK SCOPE Task 5. Revise Fire Impact Fee Categories Based upon categories provided by City Staff, revise the model categories in the fire impact rate schedule. This task is based upon the following shared responsibilities: to use a revised set of property use CITY OF TUKWII,A STAFF BERK Relate the NFIRS fire incidents and King County LU categories to the City's revised fire impact fee rate categories Determine best categories for developers by speaking with City of Tukwila Planning Department staff Budget .... . ........,.:...:....:,:::,.,::„:.::,.,::,.,:,.,..„:„,„„:„.,,::„........,..„,,.,,,.......,,,.......,........;,., ... .. .Analyzein.eKi...ong,,i','..9690..tiet.:.,Y......,.:,.1...,.......!.,..e...,$.......s.,,.,...0..r...,..:.,,..,...0..:...........„...01ti.....,.,.,.do..,..11........60..g,...,..t7..:......... ,dpeat7cerm;.1?,..1....... ...:.:::.:',.:..:::,.:............- • square- ..:Jqnct:..9.pHc.ci.. l'P9PrY.,,,...1-,-...'..:-..-n,...,,,,-,..„.-:-.,......„:.,...,,...,. ,...'feet:.:p...,r.:::,/..........,....„.........,..,:„., .:.,::,,....,............... he • ...:...)6corS•OrOte......i7...a06Va'0......11r.:',..rd:.,.t!.:.07p:....i7.;,...i...,.j.....,..!::::l:....,:.'.:.,,...t,,,,,,,:..7,.:,,....7,,:....-....:....:',1,: 1:0W1!........0 fjrP...........,...,.„......,...,:.. actkFe0:.:,:!Mqk.:,,,,,l,„„„, including ,'60.00t0a rate schedules One round of revisions POSITION HOUR RATE COST GIS Analyst & Data Specialist $150 $1,200 $125 $1,500 $200 $300 37 38 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 17-147 Council Approval: 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 CITY OF TUKWILA , 2018 Allan Ekberg, Mayor Attest/Authenticated: City Clerk, Christy O'Flaherty CONSULTANT By: Printed Name: Title: Approved as to Form: Office of the City Attorney 39 40 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 17-147 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Berk Consulting Inc., 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 services in connection with the project titled Park and Fire Impact Fee Update. 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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending March 31, 2018, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon 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 no later 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 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 $38,000 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 as 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 the state of Washington 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 1�f +- 00-yr)�-� Page 1 of 7 41 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 rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, 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 by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilit insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington._ Page 2 of 7 42 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the 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 part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City 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 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. 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 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. 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, Page 3 of 7 43 in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. 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. 14. 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. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, 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. If any term, condition or provision of this Agreement is declared 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 completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. 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: BERK Consulting 2025 1st Ave Suite 800 Seattle, WA 98121 18. Entire Agreement; Modification. 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. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. Page 4 of 7 44 DATED this _ /. day of August , 2017 CITY OF TUKWILA CONSULTANT By -------- /17"4" ►dennt3 (co erfin.. °La0r grip ._t_�Mpo� Printed Name: _Brian Murphy ryt Attest/Authenticated: City Clerk, Christy O'Flaherty Title: _Principal Approved as to Form: c Q- L U�yL Office of the City Attorney Page 5of7 45 46 EXHIBIT A — SCOPE OF SERVICES Work will entail all aspects of fire and park impact fee development and update, including: Task 1: 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 estimate future costs for proposed fire and park projects intended to provide additional capacity for new growth. Deliverable: • Future growth projections and project list with costs and share related to growth Task 3: Recommend changes in policy, fee calculation methodology and rate structure as necessary. • Workshop with Staff to discuss methodology options • Draft recommendations • Present Draft Recommendations to Council • Memorandum documenting rate program update recommendations and schedule Task 4: Document the study and recommendations. Deliverables: • Memorandum documenting rate program update and recommendations • Meet with key City staff • Present project information and status updates to the Tukwila City Council Page 6 of 7 47 48 EXHIBIT B — FEE SCHEDULE BERK Consulting Lisa Grueter, Principal Annie Sieger, Jason Emily Senior Hennessy, Percival, Associate Associate Associate 2017 Hourly Rate $200 $150 $125 $125 Total Hours and Estimated Cost by Task Task 1: Project Kick-off and Review of Existing Program I Subtotal 4 Task 2: Assist Staff Estimate Growth and Costs Subtotal Task 3: Recommend Changed Subtotal 12 22 2 4 8 4 12 18 8 18 Task 4: Document Study and Present Results Subtotal 4 8 10 16 16 46 i $6,350 j 24 $3,250 50 $6,850 46 $6,250 Total Estimated Hours Cost (Hours*Rate) 14 36 66 50 166 $2,800 $5,400 $8,250 $6,250 $22,700 Subtotal Consultant Cost Project Expenses Estimated Project Total $22,700 $2,020 $24,720 Page 7 of 7 49 50 City of Tukwia 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. BUSINESS AGENDA 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 understanding of 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. 51