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Home My WebLink AboutCOW 2005-11-14 Item 4B - Contract Amendment - Tukwila South with Commercial Development Solutions (Lisa Verner) for $60,000 Go UNCIL A G NDA SEVOPSIS t i Up N. y 5 Luttalr ITEAf NO. o -41 �l i Meeting Date 1 Prepared by 1 Mayor's r 1 Council review 1 7 4 1 11/14/05 1 sjlA 1 h�.�.- I I 1 1 k ib. ITEM INFORMATION I CAS NUMBER. I ORIGINAL AGENDA DATE. November 14, 2005 AGENDA ITEM TITLE Amendment #2 to Contract with Commercial Development Services CATEGORY Discussion Motion Resolution Ordinance 11113u I Award Public Hearing Other 11/14/05 Mtg Date Mtg Date A'Itg Date iltg Date Altg Date Altg Date Alltg Date SPONSOR Council Mayor Adin Svcs DCD ['Finance Fire Legal P&R Police PIV SPONSOR'S Commercial Development Solutions (Lisa Verner) provides project management services SUMMARY for the Tukwila South development proposal. The original term of the contract was one year, "not to exceed" $94,000. This contract was amended in July, 2005 to extend through November, 2005 with an additional allocation of $40,000. We are proposing to extend the current contract through April 30, 2006, for an addional amount not-to exceed $60,000. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. Parks Comm. Planning Comm. DA'1E. 10 -25 -05 RECOMMENDATIONS: SPONSOR /ADMIN. Approve contract amendment COMMrrTEE Approve contract amendment COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $60,000 Fund Source: 2005 ENDING FUND ($20,000); 2006 BUDGET ($40,000 PROPOSED) Comments MTG. DATE I RECORD OF COUNCIL ACTION 11 -14 -05 1 1 MTG. DATE ATTACHMENTS 11 -14 -05 Draft Amendment #2 to Contract for Services AG04 -063 1 1 Contract for Annexation and Development Services AG04 -063, July 13, 2004 Amendment #1 to Contract for Services AG04 -063, July 22, 2005 CAP Minutes, October 25, 2005 meeting \IcMemo from Steve Lancaster dated November 1, 2005 CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: Committee of the Whole yHlAI Steve Lancaster ~. TO: DATE: November 1,2005 SUBJECT: Amendment to Commercial Development Solutions contract ISSUE Should our contract with Commercial Development Solutions for project management services related to the Tukwila South Project be extended? BACKGROUND Commercial Development Solutions (Lisa Verner) has been providing project management services for the Tukwila South development proposal since July of 2004. 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 $40,000. 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 April 30, 2006. The proposed additional compensation for this extension would be "not to exceed" $60,000, bringing the total for the contract up to $194,000, The proposed contract amendment would commit more money than was budgeted for 2005 (DCD line item 000.08.558.100.41.00). A budget amendment would be required to cover the remainder of2005. The proposed 2006 budget includes $40,000 (DCD Administration Professional Services line item), This amount would cover the January through April period of the amended contract. Q'\PAA\TVS Segale\CDS_Extension2COW,doc-sjl-Created on 1l/0l/2005 9 34 AM Page I of2 ALTERNATIVES I. Extend the contract with Commercial Development Services through Apnl 2005, in an additional amount not to exceed $60,000, 2. Extend the contract for a shorter or longer period of time, and adjust the amount accordingly. 3, Allow the current contract to expire. COMMUNITY AFFAIRS AND PARKS COMMITTEE RECOMMENDATION Forward to Committee of the Whole with a recommendation to extend the contract with Commercial Development Services through April, 2006, in an additional amount not to exceed $60,000. Q:\PAA\TVS Segale\CDS_Extension2COW.doc-sjl-Created on I 110112005 9,34 AM Page 2 of2 Contract No, 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. day of ,2005. DATED this CONTRACTOR CITY OF TUKWILA Commercial Development Solutions Steven M. Mullet, Mayor FORM ATTEST / AUTHENTICATED Jane E, Cantu, CMC, City Clerk ~ty/ Q:\P AA \TVS Segale\CDS amend2 doc-sJI-Created on 10/1912005 2 30 PM Page I of 1 ~ -----~----------- ~--.~---~- ._----~ ,- Contract No 04- D& 3 CONTRACT FOR ANNEXATION At'ill 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 detennined 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 perform such services pursuant to certain tenns and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties heI;eto agree as follows: 1. Scope and Schedule of Services 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. 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 ofPavment. 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 perfonned 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, 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 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 hannless is valid ':~:.~ ::;..:;:~: "-'.. " ~---------- - - B, These records shall be maintained for a period of seven (7) years after tennination 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 Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at aB times to inspection, review or audit by law during the perfonnance 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 written notice of the City's or Contractor's intention to tenninate the same, In the event of such tennination, Contractor shaH be entitled to compensation for services rendered through the date oftennination, 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 ofTukwila shall be sent to the following address: City Clerk City of TukwiIa 6200 Southcenter Blvd. TukwiIa, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below 14, Applicable Law; Venue; Attornev'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 tenn 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 /3t5-- day of ,20ft Ck.illcr U CONTRACTOR.C&rv/~ 7).0}eJp?)l71"~ <;;~ /'07-- BY ~0-: V(2/~ Tit!: flrc..~ c:71 c-t.. CITY OF TUKWILA sj.,-~ iV\ I"'~ @ Mayor, Steven M, Mullet ATTEST/AUTHENTICATED' 7 (jy t5- <) t/ er /l.V,r' Printed Name: ADDRESS. UJS f' /) 13:&{C 7 () 3 7L.- ~-(;JA-- '7?(27 l APPROVED AS TO FORiy!: Office of the City Attorney BY, ~/=- rJ-..~ . . '. CQ}- -'ACT NO. A Go Lf - rJ 0.5 0) < City of Tukwila Contract for Services Amendment # J Between the City of Tukwila and Commercial Development Solutions. That portion of Contract No. AG04-063' between the City of Tukwila and Commercial Develo-pment Solutions is amended as follows: Under Section 2., Compensation and Method of Payment, is amended to add $40,000 to the originkl 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. ftd ~ n 1/ I", DATED this JZ,;? day o~, 2005. . ~ ~ CONTRACTOR rfitt(ri~~ ~E[Y... OFTUKWILA ~~\V)W\~ Steven M. Mullet, Mayor ATIEST / AUTHENTICATED ORM /J /~..// ~ 1 t<- ' >--- Community and Parks October 25, 2005 Page 2 of2 * 4. Amendment to Commercial Development Solutions Contract The TVS work is stretching out longer than anticipated, and Lisa Verner's work-is needed for some time into 2006, A contract extensIOn would run though Apnl 30, 2006 for up to $60,000. The Committee supported extending the contract. Recommend contract to CO\V. 5. Budget and CIP The Recreation budget review went quickly, but the Golf review raised questions, Past estimates of revenues for the course were overly optImistic, and the golf course will be about $600,000 short of revenues to pay back the bond In 2006, Pumps for the irrigation system are now badly worn out but there is not any money scheduled to be spent in 2006 on the golf course, Kurt said if the pump goes, it could have serious consequences in the golf clubhouse. It appears the golf course may need general fund support for several years, Budget Review. \ Minutes by LL ~ommittee chair approval