HomeMy WebLinkAboutReg 2006-02-06 Item 8 - Contract Amendment - Long Range Planning / Emergency Preparedness Services with Commercial Development Solutions (Lisa Verner) w`•,, CO U.NCIL A GENDA SYNOPSIS
0 J '9s Latter1 ITEM No.
r i P 101 1 tlleetmg Date Pirpatrd 1 Jlayor's'men• 1 �onnct/ n' ter'
<LI �a •,i 1 02/06/06 1 sjI (4
so
ia
ITEM INFORMATION
CAS NUMBER. 06-013 I ORIGINAL AGENDA DATE. 02/06/06
AGENDA ITEM TITLE Amendment to Commercial Development Solutions contract
CATEGORY D,scussion Motion Resolution Ordinance Bu d Award Public Heanna 0 Other
Alts Date Al /g Date 02/06/06 dltg Date AItg Date .11tg Date 31tg Date dltg Date
SPONSOR Council Major Adm Svcs DCD Finance Fite Legal P &R Police PW/
SPONSOR'S Amend contract with Commercial Development Solutions (Lisa Verner) to expand Scope of
SUMMARY Services to include long -range planning and emergency preparedness services.
REVIEWED BY COW Nitg CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. Note: Not reviewed by Committee
RECOMMENDATIONS:
SPONSOR /ADMIIN Approve contract amendment
COMMITTEE N/A
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source
Comments
MTG. DATE RECORD OF COUNCIL ACTION
02/06/06
MTG. DATE ATTACHMENTS
02/06/06 Memo from Steve Lancaster dated January 31, 2006
Contract for Services Amendment No. 3
Contract for Annexation and Development Services with CDS dated July 13, 2004
Contract for Services Amendment No. 1
Contract for Services Amendment No. 2
II
CITY OF TUKWILA
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: City Council
FROM. Steve Lancaster
DATE: January 31, 2006
SUBJECT: Amendment to Commercial Development Solutions contract
Note. Due to the time- critical nature of this request it is being taken directly to the City Council
with the approval of Mayor Mullet and Council President Robertson.
ISSUE
Workload associated with the Tukwila South project has been significantly lower over the last
several weeks than anticipated. We are uncertain as to how long this situation may last, since we
are awaiting a response from Segale Properties on a version of the Draft Development
Agreement forwarded to them some time ago. In the interim, there are other City priorities that
could benefit from Lisa Verner's (Commercial Development Solutions) abilities A minor
contract amendment would be necessary to allow her to do work outside the Tukwila South
project.
BACKGROUND
Commercial Development Solutions (Lisa Verner) has been providing project management
services for the Tukwila South development proposal since July of 2004. Our contract with CDS
runs through April 30, 2006. While Tukwila South remains a top priority, the current situation
does not warrant more than a few hours of Lisa's time weekly. The City has other pressing
needs in the areas of long -range planning and emergency preparedness that could benefit from
Lisa's abilities. Modifying the CDS contract to allow work in these areas has the added benefit
of keeping Lisa available to respond to the needs of the Tukwila South project immediately as
the situation warrants. There would be no additional cost directly associated with this
amendment. However, it should be noted that the current delay may result in a later request to
extend the current contract beyond the April 30 expiration, potentially at additional cost
Q \PAA \TVS Segale \CDS Extension3CC doe-sit-Created on 01/3 1/2006 4 56 PM
Page 1 of 2
The proposed amendment would revise Section 1 of the Commercial Development Services
contract to read as follows (Added language shown by double underlining):
Section 1 Scone and Schedule of Services to be Performed by 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 nreparedness as may be
identified in writing by the Director of Community Development 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.
ALTERNATIVES
1. Keep contract "as is." Needs relating to certain long -range planning and emergency
preparedness tasks will be accomplished by existing DCD staff over a longer period
as staff becomes available. Under this alternative, Lisa will likely seek to fill her
available time with other clients. Commitments to other clients may negatively affect
her ability to immediately focus full attention on the Tukwila South project as needed.
RECOMMENDATION
Approve the proposed Amendment #3 to the Contract For Services with Commercial
Development Services.
Attachments: Proposed Amendment #3
Contract for Annexation and Development Services, July 13, 2004
Amendment #1, July 22, 2005
Amendment #2, November 23, 2005
Q \PAA \TVS Seaale \CDS_Extension3CC doc -sjl- Created on 01/31/2006 4 56 PM
Page2of2
Contract No.
City of Tukwila
Contract for Services
Amendment 3
Contract No. AG04 -063 dated July 13, 2004, as amended by Amendment #1 dated
July 22, 2005 and by Amendment #2 dated November 23, 2005, between the City
of Tukwila and Commercial Development Solutions is further amended as follows:
Section 1. Scope and Schedule of Services to be Performed by
Contractor is hereby amended to read as follows: 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 loner ranOe planning and emergency preparedness as
may be identified in writing by the Director of Community Development 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 shall remain in full force and effect.
DATED this day of 2006.
CONTRACTOR CITY OF TUKWILA
Commercial Development Solutions Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED APPRI 0 FO M
Jane E. Cantu, CMC, City Clerk City Att. 1-
Q \PAA \TVS Segale \CDS amend3 doc -sal- Created on 01/3 1/2006 4 42 PM
Page 1 of 1
Contract No. 04 Di
CONTRACT FOR ANNEXATION AND DEVELOPMENT SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter
optional municipal code city hereinafter referred to as "the City and Commercial Development
Solutions, hereinafter referred to as "the Contractor," whose mailing address is PO Box 70372,
Seattle, Washington 98127
WHEREAS, the City has determined the need to have certain services performed for its
citizens but does not have the personnel or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to
certain terms 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 be Performed by Contractor. The Contractor
shall perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. 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
2. Compensation and Method of Payment. 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 S94,000 00
Invoices listing work performed and hours worked shag be submitted by Contractor to the City at the
end of each calendar month. The City shall pay invoi s within 35 days of receipt.
3. Contractor Budget. The Contractor shall 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 Agreement. 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. Independent 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 harmless 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 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
Contractor 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 Contractor, its officers, agents, and
employees.
7. Record Keening and Reporting.
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 performance of this Agreement
and other such records as may be deemed necessary by the City to ensure the performance of this
Agreement.
(')-'��'I
B These records shall be maintained for a period of seven (7) years after
termination 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 all matters
covered by this Agreement shall be subject at all times to inspection, review or audit by law during
the performance of this Agreement.
9. Termination. This Agreement may at any time be terminated by the City or
Contractor giving to the other party thirty (30) days written 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 of termination.
10. Discrimination Prohibited. The Contractor shall 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 sensory, mental or physical handicap.
11. Assignment 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 Agreement. 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 of Tukwila shall be sent to the following address.
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below
14. Auulicable Law; Venue; Attorney's Fees. This Agreement shall be governed by
and construed 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 shall be entitled to reasonable attomey's fees and costs of suit.
DATED this �°3 day of 4 'V 20j,tf
CITY OF TUKWILA CONTRACTOR. 6
1 1;V NYV1k. a BY H /r '4 1)Q-/
Mayor, Steven M. Mullet Tie: r n i
A'l l EST /AUTHENTICATED• Printed Name: Li <6-5 Ve-r v
/Jgtie E. Cantu, CMC, City Clerk ADDRESS op S
PG ThcY 707Z
f f'C, (4
APPROVED AS TO FORM.
Office of the City Attorney
BY 7����
EXHIBIT A
SCOPE OF SERVICES
The following work will be performed under the direction and oversight of the City of Tukwila
Director of Community Development (DCD):
1. 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 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 well -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 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 1 of
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 all 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 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 of 2
EXHIBIT B
PAYMENT
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 Development Services Page 1 of 1
COT 'ACT NO. A Go 4 Q 6)3
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 of Payment, is amended to
add $40,000 to the originaj 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 contract shall remain in full force and effect.
DATED this o(-i fyi day of 2005.
CONTRACTOR CITY OF TUKWILA
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED APPS- t� ii TO ORM
e E. Cantu, CMC, City Clerk City l:OiCn4
Contract No. CMG 0& 3 (6
City of Tukwila
Contract for Services
Amendment 2
Contract No. AG04 -063 dated July 13, 2004, as amended by Amendment #1 dated
July 22, 2005, between the City of Tukwila 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 shall 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 F day of 2l et 2005.
CONTRACTOR CITY OF TUKWILA
C1 n mercial Development Solutions Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED APPRZrAS T FORM
3 h eE. Cantu CMC, City Clerk ,____City Atrirx
Q \PAA \TVS Segale \CDS amend2.doc- sjl -Cii ted on 10/19/2005 2:30 PM
Page 1 of 1