HomeMy WebLinkAboutReg 2006-05-15 Item 6C - Agreement - Tukwila South with Commercial Development Solutions (Lisa Verner) for $87,000 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 06-053 I ORIGLNAL AGENDA DATE: 05/08/06
AGENDA him TITLE Contract for consulting services with Commercial Development Solutions
CATEGORI Discussion Notion Resolution Ordinance ❑Bid Award Pnb /icHeari,g Other
Mfg Date 05 /08/06 ABA Date 05/15/063IQ Dale 3fd Date _lte Date 1fta Date .\L6 Date
SPONSOR Cosvuil gor Adm Snrs DCD Finance Fire Legal P cR Police PITS 1
SPONSOR'S Commercial Development Solutions has been providing project management services
SUMMARY relating to the Tukwila Valley South project since July, 2004. Our contract with CDS
expired on April 30, 2006. A new contract to continue these services through the end of
2006 is proposed.
REVIEWED BY COW MItg. CA&P Cmte FR-S Cmte Transportation Cmte
Utilities Cmte Aye, Comm. Parks Comm. Planning Comm.
DAIS. 04/25/06 05/08/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Approval
Co] BIETTEE Approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$87,000 $27,000 $60,000
Fund Source: DCD PROFESSIONAL SEVICES ($27.000), ENDING FUND BALANCE ($60,000)
Comments: $27,000 remain of the $40,000 originally budgeted for these services in 2006
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
1 05/08/06 1 Forward to regular meeting 1
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MTG. DATE ATTACHMENTS 1
05/08/06 1 Memo from Steve Lancaster dated May 4, 2006, with attachments.
Minutes, April 25, 2006 CAP meeting
05/15/06 Contract for Annexation and Development Services
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Contract No.
CONTRACT FOR Al',NEXATION Al'1D DEVELOP;lIE". SERVICES
This Agreement is entered into by and bet\veen the City of Tub\~la, \Vashington. a noncharter
optional municipal code city hereinafter referred to as "the City", and Commercial Development
Solutions, hereinafter referred to as "the Contractor," ".....hose mailing address is PO Box 70372,
Seattle. Washington 98127
'VHEREAS, the City has determined the need to have certain services performed for its
citizens but does Dot have the personnel or expertise to perfonn such services; and
\\'HEREAS, the City desires to have the Contractor perfonn such services pursuant to
certain tenns and conditions; nov.', therefore.
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. ScoDe and Schedule of Sen'ice.s to be Performed bv Contractor. The Contractor
shall perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. SeCondarily, Consultant shall perform such additional services related
to long-range planning and emergency preparedness as may be identified in \\riting by the Director of
Community Development and accepIed by Contractor. In performing such services, the Contractor
shall at all times comply \\,th all Federal. State, and local staMes, rules and ordinances applicable to
the performance of such services and the handJing of any funds used in connection therewith. The
Contractor shall request and obtain prior "aitten approval from the City lithe scope or schedule is to
be modified in any way.
2. COIDnensation and 1\Iethod of Pa'\'DJ.ent. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit B attached hereto and
incorporated herein by this reference. The total amount to be paid shall not exceed S87,000.00.
Invoices listing work performed and hours worked shall be submitted by Contractor to the City at the
end of each calendar month. The City shall pay invoices within 35 days ofreceipL
3. Contractor Budeet. The Contractor shaH apply the funds received under this
Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior
approval from the City whenever the Contractor desires to amend its budget in any way.
4. Duration of AIITeement. This Agreement shall be in full force and effect for a
period commencing May 1. 2006, and ending December 31, 2006 unless sooner terminated under the
provisions hereinafter specified,
5. Indeoendent Contractor. Contractor and City agree that C9ntractor 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 bet\veen the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded City employees by virtue of the senices provided under this Agreement. The City shall not
be responsible for withholding or othen\lse deducting federal income tax or social security or
contributing to the State Industrial Insurance Program. or othenvise assuming the duties of an
employer \\ith respect to the Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall indenmity, defend and hold harmless the
City, its officers, agents and employees. from and against any and all claims. losses or liability,
including attomeJ's fees, arising ftom injury or death to persons or damage to property occasioned by
any aC4 omission or failure of the Contractor. its officers. agents and employees, in performing the
work required by this Agreement. 'With respect to the perfonnance of this Agreement and as to
claims again~..1: the City, its officers. agents and employees. the Contractor 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 10 indemnify, defend and hold harmless provided for
in this ~o-raph extends to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by !he 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 Contractor, its officers. agents, and employees.
7. Record Keeninl! and Renortin!!.
A. The Contractor shall maintain accounts and records. including personnel.
property. financial and programmatic records which sufficiently and properly reflect all direct and
indirect costs of any nature expended and senrices performed in the performance of this Agreement
and other such records as may be deemed necessary by the City to ensure the performance of this
Agreement.
B. These records shall be maintained for a period of seven (7) years after
termination hereof unless pennission to destroy them is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and by the City.
8. Audits and InsDections. The records and documents "''lith respect to aU matters
covered by this Agreement shall be subject at aU times to inspection, review or audit by law during
the performance of this Agreement.
9. Termination. This Agreement may at any time be tenninated by the City or
Contractor giving to the other party thirty (30) days wrinen notice of the City's or Contractor's
intention to terminate the same. In the event of such termination, Contractor shall be entitled to
compensation for services rendered through the date oftennination.
10. Discrimination Prohibited. The Contractor shaH not discriminate against any
employee, applicant for employment, or any person seeking the services of the Contractor to be
provided under this Agreement on the basis of race, color, religion. creed, sex, age, national origin,
marital status or presence of any sensOIY. mental or physical handicap.
11. AssiQ11ment and Subcontract. The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written consent of the City.
12. Entire A2Teement. This Agreement contains the entire Agreement between the
parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request
changes in the agreement Proposed changes which are mutually agreed upon shall be incorporated
by written amendments to this Agreement
13. Notices. Notices to the City ofTukwila shall be sent to the following address:
City Clerk
City ofTuJmila
6200 Southcenter Blvd.
Tu.1c...rila, Wasbington 98188
Notices to the Contractor shall be sent tp the address provided by the Contractor upon the
signature line below.
14. Applicable Law: Venne: Attorney's Fees. This Agreement shall be governed by
and coIb-uued in accordance \vim the la\vs of the State of 'Vashington. In the event any suit,
arbitration,. or other proceeding is instituted to enforce any tenn of this Agreement, the parties
specifically understand and agree that Yenue shall be properly laid in King County, Washington. The
prevailing party in any such action shall be entitled to re.asonable attorney's fees and costs of suit.
DATED this
day of
.20_
CITY OFTUKWlLA
CONTRACTOR:
BY
Title:
~fayor, Steven h-f. Mullet
ATTESTtAU11IENTlCATED:
Printed Name:
Jane E. Cantu, CMC, City Clerk
ADDRESS.
APPROVED AS TO FORM:
Office of the City Attorney
BY
EXHIBIT A
SCOPE OF SERVICES
The following work will be performed under the direction and oversight of the City ofTukwila
Director of Community Development (DCD):
I. Provide support to Project Team, consisting of senior City staff appointed by Mayor.
· Schedule regular and special meetings of the Project Team. Determine need and
arrange for attendance by persons outside the Project Team.
· Develop and distribute meeting agendas in consultation with Director of
Community Development (DCD) and the project proponent.
. Prepare, distribute and present issue papers and recommendations.
. Prepare and distribute meeting notes.
· Implement direction provided by Project Team, in consultation with DCD
2. Serve as City liaison to affected property owners and other government agencies on all matters
involving annexation and development of the Tukwila South area.
· Act as first point-of-contact between property owners and City staff.
· Coordinate communication between City staff and property o\vners, consultants,
government agencies and other interested parties.
· Attend meetings involving property owners, consultants, agency representatives
and others concerning master plan, environmental review, inftastructure planning
and financing, annexation, and other matters involving annexation and development
of the Tukwila South area.
. Keep city officials informed and seek direction concerning interactions with
affected property owners, consultants, agencies and other interested parties.
· Identify issues needing resolution, provide necessary information and
recommendations to decision-makers, and take appropriate actions to ensure
decisions are timely made and implemented.
3. Manage selection and performance of consultants to ensure the development of objective,
accurate, complete and well-\vritten information for decision-makers.
. Advise Director and Project Team concerning need for peer review of property
owners' or consultants' submittals, and other City consultant needs related to the
project.
. Prepare scopes-of-work for proposed consultant contracts.
· Manage consultant selection process in compliance with City consultant selection
guidelines and procedures.
. Monitor performance of City consultants, including review of, and
recommendations concerning invoices and draft work products.
Exhibit A. Contract for Annexation and Development Services
Page I of2
· Brief Project Team and other City officials, as appropriate, conceming consultant
progress, findings and significance.
4 Coordinate City's reviews of proposals relating to land use policy, development regulations,
infi-astructure financing, environmental protection and related issues.
· Review all submittals by property owners and their consultants.
. Coordinate inter-departmental review of property-owner submittals and other
project-related infonnation and recommendations.
· Coordinate City's project-related activities and decisions with other
governmental agencies.
· Identify and evaluate policy and implementation options. Draft issue papers,
staff reports and recommendations for consideration by decision-makers.
· Make presentations to decision-makers and other groups.
Exhibit A. Contract for Annexation and Development Services
Page 2 of2
EXHIBIT B
PAYMENT
Payment for work completed and for services rendered under this contract shall be at the rate of
S60.00 per hour exclusive of travel time.
Exhibit B: Contract for Annexation and Development Services
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