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HomeMy WebLinkAboutCOW 2004-07-12 Item 5B - Agreement - Tukwila South with Commercial Development Solutions (Lisa Verner) for $94,000 -W" q,,, COUNCIL AGENDA SYNOPSIS er c 'ti o t M Z' Initials ITEM No. aj I MeetingDate 1 Prepared 1 Mayor's review 1 Council review 1 t N 4 11 1 07 -12 -04 1 SL 1 gtww4.. I c 4 1 I^ I I I 1 0 5, 1 J. i I I 1 I I I I 1 1 CAS NUMBER: 04-099 1 ORIGINAL AGENDA DATE: JULY 12, 2004 (AGENDA ITEM TITLE Contract for annexation and development services CATEGOR Motion Resolution Ordinance Bid Award Public X OTHER Mtg Date Mtg Date Mtg Date MtgDate Mtg Ba[g Mtg Date 7 SPONSOR Council Mayor Adm. X DCD Finance Fire Legal P&R Police PW SPONSOR'S The proposed contract will provide up to 1560 hours of project management services SUMMARY for the Tukwila Valley South annexation, EIS and master planning proposal over the next year. City Council approved the expenditure of up to $100,000.00 for such services in April, 2004. REVIEWED BY COW Mtg. F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR/ADMIN. Approve the proposed consultant contract COMMITTEE CA&P Committee was briefed informally on 06- 29 -04. EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $94,000.00 $94,0000.00 Fund Source: Ending funding balance Comments: r ill f -i6i^'c e4 4, l a: ix 5 .m l C✓1 11 etlt c .F u7 F ��1� k l`"es, �`sf �.'�4�° TZ"�z��l�l��.�, fa az ;iM <...a, I I 3 f' s D eytl I .ri m4 i a .rcfi l iliAtnllll ENISI f }.'A i g C I i s I 07 -12 -04 1 Memorandum from Steve Lancaster dated July 5, 2004 I 1 Proposed contract for annexation and development services I I I CITY OF TUKWILA INTER-OFFICE MEMO TO: City Council FROM: Steve Lancaster c.~~ SUBJECT: Contract for Annexation and Development Services Tukwila Valley South Annexation DATE: July 5, 2004 ISSUE In April the City Council approved a program proposed by DCD and Public Works to provide adequate staffing for the Tukwila Valley South (TVS) annexation and master plan. A key component of this program was to retain a Project Manager on a one-year contract to coordinate the City's review and consideration of the proposed annexation and development plans. We are proposing to fill this need through a consultant contract with Lisa Verner, AICP, through her consulting firm, Commercial Development Solutions. BACKGROUND Following Council approval of the TVS staffing program, we advertised for a project manager and received approximately 25 applications and proposals. Five individuals were interviewed by a panel comprising the City Administrator, City Attorney, and the Directors of DCD, Public Works and Finance. Follow-up interviews were conducted with three finalists. Lisa Verner of Commercial Development Solutions has been selected and a proposed contract has been prepared for your consideration. DISCUSSION Lisa brings more than 25 years of public sector and private sector land use, annexation and master planning experience to this project. Highlights include: managing multiple annexations as the City of Bothell's Planning Administrator; negotiating agreements among government agencies and property owners for infrastructure, annexation and development of Grand Ridge (King County); and managing the annexation, planning and entitlement process for the Redmond West annexation (Trammell Crowe). Lisa holds Masters degrees in Urban Planning and in Real Estate Development, and has recently served as President of the Washington State Chapter of the American Planning Association. RECOMMENDATION Approve the consultant contract. Q:\STEVE~PAA\TVS Segale~LisaCC040705.doc Page 1 of 1 Contract No. 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. >i 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 he Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this r 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. Comnensation 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 $94,000.00. 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 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, gram, 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. respect p Agreement q y greement. With re act to the performance of this A Bement 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 r't 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 rs 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 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 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. 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. r: 8. Audits and 1'nsnections. 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. 2,1:.:.? 9. Termination. This Agreement may at any time be terminated by the City or Contractor ivin to the other party thirty (30) days written notice of the City's :r g g P rtY rtY Y or Contractor's intention to terminate the same. In the event of such termination, Contractor shall be entitled to :tk6. compensation for services rendered through the date of termination. t h y;,:t 10. Discrimination Prohibited. The Contractor shall not discriminate against any :??,;:f: 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. "`L& 7,;'" 12. Entire Agreement This Agreement contains the entire Agreement between the parties hereto and no other Agreements, or or otherwise, regarding the subject matter of this O 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 '?"lal: by written amendments to this Agreement. :.v•. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. '.:::7„,f4/7 f Tukwila, Washington 98188 tl': Notices to the Contractor shall be sent to the address provided by the Contractor upon the :20, signature line below. 14." Anolicahle Law: Venue: Attorney's Fees. This Agreement shall be governed by :l and construed in accordance with the laws of the State of Washington. in Inc event any suit, x<1?;•-.: 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 attorney's fees and costs of suit. DATED this day of 20 CITY OF TUKWILA CONTRACTOR: vj.' BY :sr1.; Mayor, Steven M. Mullet Title: ATTEST /AUTHENTICATED: Printed Name: :::it, Jane E. Cantu, CMC, City Clerk ADDRESS: APPROVED AS TO FORM: Office of the City Attorney BY: :1 EXHIBIT A SCOPE OF SERVICES The following work will be performed under the direction and oversight of the City of Tukwila Director of Communit7 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 2 · 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 I of I '