2024/01/31 Council Agenda Packet

GA 0043-23 Everett-ST PAA 4 5.3 Task Order Development. Sound Transit will request that the City perform specific work under this Agreement through written Task Orders. This Agreement applies to Project work and eligible costs beginning after execution of this Agreement and associated Task Order. Any prior Project-related work or costs incurred by the City are the responsibility of the City. Task Orders will be prepared by Sound Transit, reviewed by the City, and executed by the Parties for each work effort to be covered by this Agreement. Task Orders will be in a format similar to that shown in Exhibit B. Each Task Order will include a scope of work, a schedule of work, and a detailed cost estimate that establishes a maximum funding level for the Task Order. Each Task Order will be executed by the authorized designees of Sound Transit and the City and will incorporate by reference the terms and conditions of this Agreement. 5.4 Task Order Management. For each Task Order, the City will provide quarterly progress reports to Sound Transit indicating the amount spent and estimated cost to complete each scope and budget element included in the Task Order. If actual costs are anticipated to exceed the amount of the Task Order, the Designated Representatives (or designees) will prepare a mutually agreeable cost estimate to complete the work and develop an appropriate course of action, which may include amending the Task Order or executing a new Task Order. 5.5 Eligible Costs. 5.5.1 The following costs will be eligible for reimbursement: i. Employees: (1) the applicable employees’ direct salaries; and (2) associated direct and indirect costs as adopted in a City fee schedule, provided that the fee schedule is reasonable and consistent with subsection (b) of this section; charged on an hourly basis at the rates in effect at the time the charges are incurred. ii. Consultants. Direct costs incurred by the City to retain consultants to work on the Project for otherwise reimbursable activities as set forth in this Agreement. 5.5.2 Ineligible Costs. This Agreement does not cover City's normal capital and operating expenses such as buildings, office equipment, maintenance, security, utilities, or vehicles. 5.6 Performance. If the City does not perform the services described in the Task Orders, and if the failure to perform is solely attributable to the City's actions or inactions, appropriate corrective action will be discussed and agreed upon by the Designated Representatives. Should the corrective action not be agreed upon or resolve the problem within one (1) week, the Dispute Resolution Process pursuant to Section 6,