HomeMy WebLinkAboutCOW 2005-07-11 Item 5B - Contract Amendment - Tukwila South wtih Commercial Development Solutions (Lisa Verner) for $40,000 GO UNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER. 05-102 'ORIGINAL AGENDA DATE. `i l l o s
AGENDA ITEM TITLE Amendment to Commercial Development Solutions contract
CATEGORY Discussion Motion Resolution Ordinance Bic Award Public Hearing Other
ilk Date 7/11/05 Mtg Date tlltg Date I ftg Date AVtg Date illtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV
SPONSOR'S Extend contract with Commercial Development Solutions (Lisa Verner) through November
SUAliMARY 2005 with additional compensation not to exceed $40,000.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 6/28/05
RECOMMENDATIONS:
SPONSOR/ADMEN Approve contract extension
COM HT1EE Approve contract extension
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$40,000 $20,000 $0
Fund Source: DCD ADMINISTRATION PROFESSIONAL SERVICES (000.08.558.100.41.00)
Comments
MTG. DATE I RECORD OF COUNCIL ACTION
7/11/05 1 I
MTG. DATE 1 ATTACHMENTS
7/11/05 1 Memo from Steve Lancasster dated July 5, 2005
1 Contract for Services Amendment No. 1
Contract for Annexation and Development Services with CDS dated July 13, 2004
Community and Parks Committee Minutes, June 28, 2005
1 I
CITY OF TUK\VILA
DEPARTMENT OF COMlVIUNITY DEVELOPlVIENT
TO: Committee of the Whole
Steve Lancaster ~v.r
FROlVI:
DATE: July 5, 2005
SUBJECT: Amendment to Commercial Development Solutions contract
ISSUE
Should our contract with Commercial Development Solutions for project management serveIces
related to the Tukwila South Project be extended?
BACKGROUND
Commercial Development Solutions (Lisa Verner) has been providmg project management
servIces for the Tukwila South development proposal since July of 2004, The origmal term of
the contract was one year, with an amount "not to exceed" $94,000.
We anticipate needing LIsa's services for several more months, and are proposing a contract
amendment. The proposed amendment would extend the current contract through November 30,
2005. The proposed additional compensation for this extension would be "not to exceed"
$40,000, bringing the total for the contract up to $134,000,
ThIS contract is being charged agamst the DCD Administratlon Professional Services lme item
(000.08.558.100.41.00), The proposed amendment will commit approxImately $20,000 more
than is remaining in this budget line item, We expect to be able to absorb thIS expendIture
without exceeding the overall department budget through reduced expendItures in other line
items.
AL TER1~ATIVES
1, Extend the contract with Commercial Development Services through November
2005, in an additIOnal amount not to exceed $40,000.
Q:\PAA\TVS Segale\CDS_ExtensIOnCOW,doc-sjl-Created on 07/05/2005244 PM
Page 1 of2
2 Extend the contract for a shorter or longer penod oftime, and adjust the amount
accordingly.
3. Allow the current contract to expire,
RECOMlVIENDATION
Forward to regular meeting of the CIty Council with a recommendatIOn to extend the contract
with Commercial Development Services through November 2005, III an addItional amount not to
exceed $40,000,
Q:\PAA\TVS Segale\CDS_ExtensIOnCOW.doc-sjl-Created on 07/05120052:44 PM
Page 2 of2
CONTRACT NO. A 604 -()h.3
CIty of Tukwlla
Contract for ServIces
Amendmen t # --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 original 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
day of
, 2005.
CONTRACTOR
CITY OF TUKWILA
Steven M. Mullet, Mayor
ATTEST / AUTHENTICATED
APPROVED AS TO FORM
Jane E. Cantu, CMC, City Clerk
City Attorney
OLJ-t
Contract No.
CONTRACT FOR ANNEXA nON AND DEVELOPMENT SERVICES
This Agreement is entered into by and between the City of Tukwila, Washmgton, a r
optional municipal code city hereinafter referred to as "the City", and Commercial De,
Solutions, hereinafter referred to as "the Contractor," whose mailing address is PO B(
Seattle, Washington 98127
WHEREAS, the City has detennined the need to have certain services perforn
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 p1
certain tenns and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter cont
parties hereto agree as follows:
1. Scope and Schedule of Services to be Performed bv Contractor. The (
shall perfonn those services described on Exhibit A attached hereto and incorporated here
reference as if fully set forth. In perfonning such services, the Contractor shall at all timl
with all Federal, State, and local statutes, rules and ordinances applicable to the perfonnalll
services and the' handling of any funds used in connection therewith. The Contractor she
and obtain prior written approval from the City if the scope or schedule is to be modified in
2. Compensation and Method of Payment. The City shall pay the Contract.
services rendered accordmg to the rate and method set forth on Exhibit B attached hereto an
incorporated herein by this reference. The total amount to be paid shall not exceed $94,000
Invoices listing work perfonned and hours worked shal} be submitted by Contractor to the (
end of each calendar month. The City shall pay invoi&'s within 35 days of receipt.
3. Contractor Budeet. The Contractor shall apply the funds received 1
Agreement wIthin the maximum limits set forth in this Agreement. The Contractor sh,
prior approval from the City whenever the Contractor desires to amend its budget in any \Va
4, Duration of Aereement, This Agreement shall be in full force and ej
period commencing July 13, 2004, and ending July 12, 2005 unless sooner tenninated
provisions hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contrac
independent contractor with respect to the services provided pursuant to this Agreement. l'
this Agreement shall be considered to create the relatIOnship of employer and employee be
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to an
accorded City employees by virtue of the services provIded under this Agreement. The Cit'
be responsible for withholding or otherwise deducting federal income tax or social so
contributing to the State Industrial Insurance Program, or otherwise assuming the dUI
employer with respect to the Contractor, or any employee of the Contractor
6. Indemnification. The Contractor shall indemnify, defend and hold hm
City, its officers, agents and employees, from and against any and aU claims, losses 0,
including attorney's fees, ansing from injury or death to persons or damage to property occ,
any act, omission or failure of the Contractor, its officers, agents and employees, in perfo
work required by this Agreement. With respect to the performance of this Agreement
claims against the City, its officers, agents and employees, the Contractor expressly ,
immunity under Title 51 of the Revised Code of Washington, the Industrial Insuranc(
injuries to Its employees, and agrees that the oblIgation to indemnify, defend and hold
provided for in this paragraph extends to any claim brought by or on behalf of any emplo
Contractor This waiver is mutually negotiated by the parties. This paragraph shall not ap
damage resultmg from the sole negligence of the City, its agents and employees. To the ex!
the damages referenced by this paragraph were caused by or resulted from the concurrent r
of the City, its agents or employees, this obligation to indemnify, defend and hold harmle
and enforceable only to the extent of the neglIgence of the Contractor, its officers, at
employees.
7. Record Keepine and Reportine.
A. The Contractor shall maintain accounts and records, including
property, financial and programmatic records which sufficiently and properly reflect all
indirect costs of any nature expended and services performed in the performance of this j
and other such records as may be deemed necessary by the CIty to ensure the perfonnar
Agreement. ffi
r2rd c
ORt \r
B These records shall be maintained for a penod of seven (7) year:
teml1nation hereof unless pennission to destroy them is granted by the office of the archi
accordance with RCW Chapter 40 14 and by the City
8. Audits and Inspections. The records and documents with respect to all I
covered by this Agreement shall be subject at all times to inspection, reVIew or audit by law
the perfonnance of this Agreement.
9. Termination. This Agreement may at any time be tenninated by the (
Contractor giving to the other party thirty (30) days written notice of the City's or Contr
intention to tenninate the same. In the event of such termination, Contractor shall be ent!
compensation for services rendered through the date of termination.
10. Discrimination Prohibited. The Contractor shall not discriminate again
employee, apphcan~ for employment, or any person seeking the services of the ContractoJ
provided under this Agreement on the basis of race, color, religion, creed, sex, age, national
marital status or presence of any sensory, mental or physical handicap.
11. Assignment and Subcontract. The ContractQr shall not assign or subcontn
portion of the services contemplated by this Agreement without the written consent of the City
12. Entire Agreement. This Agreement contains the entire Agreement betw{
parties hereto and no other Agreements, oral or otherwise, regarding the subject matter
Agreement, shall be deemed to exist or bind ariy of the parties hereto. Either party may I
changes in the agreement. Proposed changes which are mutually agreed upon shall be inco!]
by written amendments to this Agreement.
13. Notices. Notices to the City of Tukwila shall be sent to the following address
City Clerk
City ofTukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor uJ
signature line below
14. Applicable Law: Venue; Attorney's Fees. This Agreement shall be gover
and construed in accordance with the laws of the State of Washington. In the event ar
arbitration, or other proceeding is instituted to enforce any tenn of this Agreement, the
specifically understand and agree that venue shall be properly laid in King County, Washingto
prevailing party m any such action shall be entitled to reasonabJe attorney's fees and costs of SI
DATED this l?~ day of rr
,20U!:f-
CITY OF TUKWILA
~ ~'v\\IV'-,~
Mayor, Steven M. Mullet
g
CONTRACTOR: ~~ ~
BY: ~1fU!JJ- V~
Ti e:'(lafli:;tt4.
Printed Name: l1~fl..--5 r/{2A('1t....V
A TTESTI AUTHENTICATED-
!v.YL-LG. &
.J e E. Cantu, CMC, City Cler
APPROVED AS TO FORM.
Office of the CIty Attomey
ADDRESS (!t)~.
Po 13Lf\{' 16377.---
rX-c~ .uJA t/'7{ &(
,
BY ~~~~.
EXHIBIT A
SCOPE OF SERVICES
The following work will be perfonned 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 arid distribute meetmg 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 infonned 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 perfonnance of consultants to ensure the development of objective,
accurate, complete and well-written mfonnation 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 perfonnance of City consultants, mcluding reVIew of, and
recommendations concerning mVOlces and draft work products
Exhibit A. Contract for AnnexatlOn and Development Services
Page 1 of2
· Brief ProJ ect 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 infonnation and recommendations.
· Coordinate City's project-related activitIes and decisions with other
govem~ental 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 Annexatlon 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
$60,00 per hour exclusive of travel time,
ExhibIt B. Contract for AnnexatIon and Development ServIces
Page 1 of 1
Community and Parks Committee
June 28, 2005
Present,
Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Steve Lancaster, Lynn Miranda, Lucy Lauterbach
1. Renew Moratorium on TOD Though the Transit Oriented Development (TOD) area has
had a moratonum on land dlvisions and the types of development since 2002 that would be
inconsIstent wlth a TOD, it has not appeared to affect any busmesses' plans for development or
redevelopment. SInce the moratonum was last extended the Council passed Ordinance 2085
WhICh exempted ftom ~he moratorium residentIal mlxed-use transit- oriented development in the
area. Staff said the language continuIng the mixed-use housing exemption is Included in this
extension. A joint meeting wIth the Planning CommissiOn is being planned for early September
on the draft plan, with public hearings and deliberations to follow. Recommend moratorium
extension to COW and public meetin2 Julv II.
* 2. Amendment to Commercial Development Solutions Contract Lisa Verner has been
working on the Tukwila Valley South annexation since July, 2004. Her contract will expire, and
DCD proposes to extend it until November 30th. The amount of extension would not exceed
$40,000. Recommend contract extension to Council for approval.
~ommittee chair approval
Minutes by LL