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HomeMy WebLinkAboutCOW 2006-05-08 Item 4A - Agreement - Tukwila South with Commercial Development Solutions (Lisa Verner) for $87,000 COUNCIL AGENDA SYNOPSIS Ot I nitial= IIJMNO. I �1 l4i 1 eetin2 Date 1 Prepared 14:_, 1 Major's rethir 1 4^Cj,:mril mien uN. ,.t 50: 05/08/06 1 sil S I a-G I `t11+Q I 0,, rsoa 1 1 I 1 1 1 ITEM INFORMATION CAS NUMBER_ 06-053 Ref 06-013 IORIGLN.IL AGENDA DATE: 05 /08/06 AGENDA ITEM TITLE Contract for consulting services with Commercial Development Solutions CATEGORY Discussion motion Resolution Ordinance Bid Award Public Hewing Otb; 31g Date 05 /08/06 :110) e 3L2 Dote \i% Dst V.6 Done \ft' Da: ilia Date SPONSOR Gundl Ma Adm Sirs DCD Finance Fire Legal P R Police Par SPONSOR'S Commercial Development Solutions has been providing project management services SL BLkRY relating to the Tukwila Wiley 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 Mtg CA&P Crate F&S Crate Transportanon Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 04/25/06 RECOMMENDATIONS: SPONSOR /Ana N. Approval COMMETTEE Approval COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $87,000 $27,000 $60,000 If 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 MTG. DATE RECORD OF COUNCIL ACTION 05/08/06 I i I MTG. DATE ATTACHMENTS 05/08/06 Memo from Steve Lancaster dated May 4, 2006, with attachments. Minutes, April 25, 2006 CAP meeting CITY OF TUKWILA DEPARTI\IEI''fT OF COI\1l\ru1'.'ITY DEVELOPNIENT TO' City Council Committee of the Whole ~ FROM. Steve Lancaster~ DATE. May 4, 2006 SUBJECT Contract for services with Commercial Development Solutions ISSUE Our contract with Commercial Development Solutions for project management services related to the Tukwila South Project expired on April 30, 2006. Should a new contract to continue these services be approved? BACKGROUND Commercial Development Solutions (Lisa Verner) has been providing project management services for the Tukwila South development proposal since July of2004 The original term of the contract was one year, with an amount "not to exceed" $94,000. This contract was amended in July, 2005 to extend through November, 2005 with an additional allocation of S40,000, and again in November 2005 to extend through April 2006 with an additional allocation of $60,000. The contract was amended a third time in early 2006 to expand the scope of services, but no time extension or additional budget was included in that amendment. We anticipate needing Lisa's services for several more months, and are proposing a new contract to provide for this. The proposed contract would extend the current scope of work through December 31, 2006 at the same hourly rate as the original contract. These services were budgeted at $40,000 for 2006, of which $27,000 remained when the contract expired. The proposed new contract would be for an amount "not to exceed" $87,000, requiring an additional appropriation of$60,000. ALTERNATIVES I Approve a new contract with Commercial Development Services through December 2006 in an amount not to exceed 587,000. Q'\P AA \TVS Segale\CDS _ Extension4COW.doc-sjl-Created on 05/0212006 4 14:00 PM Page I of2 2. Approve a contract for a shorter or longer period oftime, and adjust the amount accordingly 3 Do not enter into a new contract. This issue was considered by the Community Affairs and Parks Committee at its April 25, 2006 meeting. At that time it was presented as a contract extension, since the previous contract had not expired. The Committee recommended approval of the proposed contract amendment extending the contract with Commercial Development Services through December 2006 in an additional amount not to exceed S60,000. The current proposal for a new contract will have the same effect and cost as the extension recommended by CAP RECOMMENDATION Forward to next regular meeting of the City Council for approval, in which case staff will prepare a new contract for consideration at that meeting. Attachments: Contract for Annexation and Development Services, July 13,2004 Amendment #1, July 22, 2005 Amendment #2, November 28, 2005 Amendment #3, February 7, 2006 Q'\P AA\TVS Segale\CDS _Extension4COW.doc-sjl-Created on 05/0212006 4 14:00 PM Page 2 of2 Contract No. ~-D/P5 CONTRACT FOR Ai'<NEXATION AND DEVELOPME"T SERVICES Tnis Agreement is entered into by and bet\\'een the City of T uk:wila, \Vashinatan, .a noncharter optional municipal code city hereinafter referred to as "the Ci(y", and Comme;cia1 Development Solutions, hereinafter referred to as "the Contractor." whose: mailing address is PO Box 70372 Seallle, Washington 98127 ' 'VHEREASJ the City has determined the need to have certain services performed for itS citizens but does not have the personnel or expertise to perfonn such services; and WHEREAS, the City desires to have the Contractor perfonn such services pursuant to certain tenns and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained the parties hereto agree as follows: ' 1. Scone and Schedule of Services to he Performed bv Contractor The Contractor shall perf ann those services descrihed on E.xhibit A attached hereto and incorporated herein by this reference as if fully set forth. Ip performing such services, the Contractor shall at all times comply with all Federal, State, and 10caI statutes, rules and ordinances applicable to the perfonnance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior "'TItten approval ITom the City if the scope or schedule is to be modified in any way 2. Comnensation and Method of Pavment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incoIJ'orated herein by this reference. The total amount to be paid shall not exceed 594,000.00. Invoices listing work perfonned and hours worked shal~ be submitted by Contractor to the City at the end of each calendar month. The City shall pay invoi& within 35 days of receipt 3. Contractor Budeet. The Contractor shall apply the funds received under this Agreement within the maximum ]imits set forth in this Agreement. The Contractor shall request prior approval ITom the City whenever the Contractor desires to amend its budget in any way 4.- Duration of Aereement. This Agreement shall be in full force and effect for a period commencing July 13, 2004, and ending July 12, 2005 unless sooner terminated under the provisions hereinafter .specified. 5. Indenendent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold hannless 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 Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity tmder 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 thts paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting ITom 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 ITom 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. 1. Record Keenine and Renortine. 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 services performed in the perfoneance of this Agreement and other such records as may he deemed necessary by the City to ensure the performance of this Agreement. 0% ~ tA LS B. Tnese records shaH be maintained for a period of seven (7) ye2.fS after tennination hereof unless permission 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 Inspections. The records and documents with respect to ail matters covered by this Agreement shall be subject at aU times to inspection, review or audit by Ia.w durin a the performance of this Agreement :;; 9. Termination. This Agreement may ::.t any time be terminated by the City or Contractor giving to the other party thirty (30) days "Titten notice of the City's or Contractor's intention to terminate the same. In the event of such tennination, Contractor shall be entitled to compensation for services rendered through the date of termination. 10. Discdmination Prohibited. The Contractor shan not discriminate again.st 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, cree~ sex, age, national oriuin marital status or presence of any sensory) mental or physical handicap. 0 , 11. Asshmm.nt and Subcontract. The Contraclor shall not assign or StJbcontI1!cl any portion of the services contemp1ated by this Agreement v.ithout the written consent of the City 12. Entire A~ee1h~nt. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otheI\\ise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties heteto. Either party may request changes in the agreement. Proposed changes wlUch are mutually agreed upon shall be incorpoC2ted by written amendments to this Agreement. 13. Notices. Noti""" to the City ofTu.\owila shall be sent to the foJlowing address: City Clerk City ofTukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be senl to the address provided by the Contractor upon the signature line below. 14. Annticable Law; Venu.; Attornev's Fees. This Agreement shall be governed by and cons!rued in accordance with the laws of the State of Washington. 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 sball be entitled to reasonable attorney's rees and costs of suit DATED this l,t[. clay of ~r . 20m/- CONTRACTOR: &/~ ~~ g BY 1i:-j;f1Jw~ Tle:f1. ~ PrintedNGII1e: 1A{~5 v'e.rf!L/ CITY OF WK\VILA ~~v.w-..~ Mayor, Steven M. Mullet ATIEST/AUTHENTICATED: ~-L&' ~/ J e E. Cantu, CMC, City Clerk ADDRESS: C/)~ PI) "P;t1';C 16377-- ~~ ,o).A ti'l"{2-7 . APPROVED AS TO FOR..'J:: 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): 1. Provide support to Project Team, consisting of senior City staff appointed by Mayor. . Schedule regular and sJ?~cial meetings .ofthe Proj~ct 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 o\'mers and other government agencies on all matters involving annexation and development of the Tukwila SmIth area. . Act as first point-of-contact between property owners and City staff. · Coordinate communication Between City staff and property owners, consultants, government agencies and other interested parties. . Attend meetings involving property owners, consultants, agency representatives and others concerning master plan, environmental review, infrastructure 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 wen-written 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 contraclS. . 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, concerning consultant progress, findings and significance. 4. Coordinate City's reviews of proposals relating to land use policy, development regulations, infrastructure financing, environmental protection and related issues. · Review aU submittals by property owners and their consultants. · Coordinate inter-departmental review of property-owner submittals and other project-related information and recommendations. · Coordinate City's H~oject-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 P A ThlENT Payment for work completed and for services rendered under this contract shall be at the rate of $60.00 per hour exclusive of travel time. \! Exhibit B: Contract for Annexation and DeveJopment Services Page I of 1 CW 'ACT NO. AG04-003(j) City of Tukwila Contract for Services Amendment # ---1. Between the City of Tukwila. and Commercial Development Solutions. That portion of Contract No. AG04-063 between the City of Tukwila and Commercial Development Solutions is amended as follows: Under Section 2., Compensation and Method ofPavrnent, is amended to add $40,000 to the origin!il amount of the contract. The total amount of funds to be paid shall not exceed $134,000. Under Section 4., Duration of Agreement is extended to November 30, 2005. All other provisions of the contra.ct shall ):'emain in full force and effect. fl.l. DATED this ,;G? day of , 2005. CONTRACTOR rfynfYI)UI~ ..91: OF TUKWILA ~ rv'\vV\~ Steven M. Mullet, Mayor ATTEST I AUTHENTICATED r&.~dJ" e E. Cantu, CMC, City Clerk ~TO OR!'...! City e .,'1 _...../ ~ 1 .;<... (,.7 ~~ ContractNo fl-Go L/ -003 C b ') / City of Tukwila Contract fOf Services Amendment # 2 Contract No. AG04--063 dated ~u,ly 13,2004, as amended by Amendment #1 dated July 22, 2005, between the CitY\6fTukwila and Commercial Development Solutions is further amended as follows. Section 2, Compensation and Method of Payment. is amended to add $60,000 to the amount of the contract. The total amount of funds to be paid shaH not exceed $194,000. Section 4, Duration of Agreement, is amended to extend the contract to April 30, 2006. All other provisions of the Contract shall remain in full force and effect DATED this ~ day of ~, 2005. cia! Development Solutions ~TUKWILA " N")lV)~\-- Steven M. Mullet, Mayor ATTEST/AUTHENTICATED FORM ~/ ~ ~d1, Q'\P AA\TVS Segale\CDS amend2.doc-sjl-C ted on 10/1912005 2.30 PM Page 1 of] -~. Contract No ()~- Qtpj (C.) City ofTukwila Contract for Services Amendment # 3 ,,' Contract No. AG04-063 dated \fuly 13, 2004, as amended by Amendment #1 dated July 22, 2005 and by Amendment #2 dated November 23,2005, between the City ofTukwila and Commercial Development Solutions is further amended as follows: Section 1. Sco9,e and Schedule of Services to be Performed by Contractor is hereby amen ed !9 !ead as follows: The Cqntractor shall perform those servIces descnbed on Exhibit A attached hereto and mcoTIJorated herein by this reference as if fully set forth. Secondarily, Consultant shall perform such additionaJ seryices ~elate~ ~o long-ran~ .planning and emergency preparedness as may be IdentIfied m wntmg by the vrrector of CommunIty Devefopment and accepted by- Contractor. In performing such services, the Contractor shall at all times comply with all Federal State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way All other provisions of the Contract shan remain in full force and effect. DATED this ;;of day 2006. CONTRACTOR ~-O~ Commercial Development Solutions C;!f OF TUKWILA ~..;~"'- \V\\"'\~T- Steven M. Mullet. Mayor / ATTEST/AUTHENTICATED . City Au Q'\PAA\TV~Segale\CDS amend3.doc-sjl-Created on 01131/20064:42 PM Page I of I ~ -)\( Community Affairs and Parks Committee April 25, 2006 Present: Joan Hernandez, Chair; Joe Duffie, Pamela Linder, Rhonda Berry, Steve Lancaster, Brandon Miles, Bruce Fletcher, Scott Erdhal, Athletic Director, Tukwila School District; Chuck Parrish 1. Foster Golf Links Irrigation System. Bruce Fletcher explained that the Foster Golf Links irrigation system filters for the pump system that runs all of the irrigation system for the golf course is in critical need of being replaced. The 2006 CIP budget for this project is $35,000. Six qualified contractors from the Small Works Roster were asked to bid on the project. Only on~'contractor submitted a bid on the project. The base bid of $34,610 is below budget; however, when WSST is added in the amount of $3,045 it will briog the total project to $37,655.68. The balance of the project costs ($2,655.68) plus a 5% contingency fund ($1,882.78) will be taken from the golf maintenance operating budget. Due to the potential damage that could occur if the pump system breaks down before the filters can be replaced, Bruce asked if the bid award could be forwarded to the Regular Meeting on Monday, May I, 2006. The Committee recommended awarding the contract to Golf Pumping Services, LLC and that the BID AWARD be placed on the consent agenda on the May I, 2006 Regular Meeting. 2. Commercial Development Solutions Contract Extension. Steve Lancaster explained that Lisa Verner's current contract for Project Management Services to the Tukwila Valley South Project expires at the end of April. Since he anticipates the city needing Lisa's services for several more months, he is proposing a contract amendment to extend the current contract through December 31, 2006. The proposed additional compensation for this extension would be "not to exceed" $60,000.00 bringing the total contract to $254,000. Councilrnember Hernandez inquired as to whether the scope of services to be perfonned in Contract Amendment #3 would still apply Mr. Lancaster infonned the committee that Lisa's priority will be to work on the Tukwila Valley South Project and work on long-range planning and emergency preparedness would only take place if there wasn't sufficient work required on the Tukwila Valley South Project. The Committee recommended approval to extend the Commercial Development Solutions Contract and forwarding it to the May 8, 2006 COW 3. TOD Moratorium Renewal. Steve Lancaster explained that the current moratorium on certain land divisions and- development activities in the TOD planning area surrounding the Sounder Commuter Rail Station will expire on June 5, 2006. To date, Council has renewed the moratorium seven times, modifYing it to provide more flexibility in what temporary uses are allowed while the TUC plan is being developed. He anticipates a TaD plan being presented to the council for adoption by the end of the year. In the meantime, there is still a need to keep the moratorium in place. The proposed Ordinance is the same as currently in effect, including a provision added at its last renewal that prohibits any permitted or conditional uses on properties located within 100' of the BBSF Railroad right-of-way between 1-405 and Longacres Way, unless the property is to be developed under an approved developer agreement \vith the City After some discussion, the committee recommended approval of the proposed Ordinance extending the moratorium and forwarding it to the May 8th COW for a Public Hearing.