HomeMy WebLinkAboutCOW 2017-05-08 Item 4B - Public Safety Plan - Real Estate Broker Services with Heartland LLC for $60,000 Plus 2.5% of SaleCOUNCIL AGENDA SYNOPSIS
nilials
Meeting Dale
Prepared I
Ma or's review
Council review
05/08/17
BG-
F-jReolution
Altg Date
DL
05/15/17
BG
0 Other
AV g Date
SPONSOR ❑(-,`ounci/ ❑Ma [:]Finance [:]Fire [:]TS [:]P R ❑Polce ZP
yor OHR E]DCD & El 1 W/' El Court
SPONSOR'S The Public Safety Plan includes land acquisition including real estate broker services. This
SUMMARY service is necessary to locate, identify, recommend, and assist with acquisition of real
estate. City Council is being asked to approve the contract for real estate broker services
with Heartland LLC with a commission of 2.5% of the gross purchase price for each real
estate transaction, plus a maximum fixed fee of $60,000 for time and materials for the
subconsultant assisting the City with acquisition and eminent domain processes.
R f," v I I ? VA," 1) BY ❑ C.O.W. mtg. ❑ CDN Comm ❑ Finance Comm. Z Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 05/01/17 COMMITTEE CIIAIR: THOMAS McLEOD
RECOMMENDATIONS:
SP()N,S0R/AI-)NUN• Public Works
COININ11"Y"T" Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Fxi)i,'NI)I'1'URF RiIQuim,'Ii) AMOUNT BUDGETED APPROPRIATION REQUIRED
$60,000 plus 2.5% of Sale $ $
Fund Source: 304 & 305 FUNDS (PAGES 54 - 57, 2017 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
OS/08/17
1111:4 iyiluil���
ITEM NO.
21
S'J'AFFS11()NS()R: BOB GIBERSON
O R I ;INVI,A('&'1NI),\D,\-I'IC,: 05/08/17
E
_
A(,ENDA I'll"NI TITLE Public Safety Plan
Contract for Real Estate Broker Services
C'\'1'Im'()RY Z Diwusfion
Mtg Date 09108117
Z Motion
AI(g Date 05115117
F-jReolution
Altg Date
Ordinance
Altg Date
❑ Bidlfi vard
Aftg bate
fl
❑ Public Nearing g
AlIg Dale
0 Other
AV g Date
SPONSOR ❑(-,`ounci/ ❑Ma [:]Finance [:]Fire [:]TS [:]P R ❑Polce ZP
yor OHR E]DCD & El 1 W/' El Court
SPONSOR'S The Public Safety Plan includes land acquisition including real estate broker services. This
SUMMARY service is necessary to locate, identify, recommend, and assist with acquisition of real
estate. City Council is being asked to approve the contract for real estate broker services
with Heartland LLC with a commission of 2.5% of the gross purchase price for each real
estate transaction, plus a maximum fixed fee of $60,000 for time and materials for the
subconsultant assisting the City with acquisition and eminent domain processes.
R f," v I I ? VA," 1) BY ❑ C.O.W. mtg. ❑ CDN Comm ❑ Finance Comm. Z Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 05/01/17 COMMITTEE CIIAIR: THOMAS McLEOD
RECOMMENDATIONS:
SP()N,S0R/AI-)NUN• Public Works
COININ11"Y"T" Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Fxi)i,'NI)I'1'URF RiIQuim,'Ii) AMOUNT BUDGETED APPROPRIATION REQUIRED
$60,000 plus 2.5% of Sale $ $
Fund Source: 304 & 305 FUNDS (PAGES 54 - 57, 2017 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
OS/08/17
0S/1S/17
MTG. DATE
ATTACHMENTS
05/08/17
Informational Memorandum dated 4/28/17
Consultant Rating Sheet
Consultant Agreement with Exhibits
Public Safety Committee meeting minutes from 5/1/17
05/15/17
21
22
City o Tukwila Allan Ekberg, Mayor
Public Works Department -Bob Giberson, Director
TO: Public Safety Committee
FROM: Bob Giberson, Public Works Director
CC: Mayor Ekberg
DATE: April 2G,2O17
SUBJECT: Contract for Real Estate Broker Se
Public Safety Plan
ISSUE
Approve Heartland LLC for the Real Estate Broker services in regard to the Public Safety Plan
BACKGROUND
The Public Safety Plan projects iO the 2017-18 Capital Improvement Program include budgets for
land acquisition including related expenses, such 8S real estate brokers, real estate appraisers,
land surveyors and other due diligence expenditures.
ANALYSIS
The City advertised a Request for Qualifications and received ppup000ka from three real estate
brokerage firms After reviewing the pnDpOS8|S. Heartland LLC was Sa|aoted based On superior
experience and qualifications. The other firms were well qualified, but did not rank 8Shigh. The
attached contract was negotiated for a standard broker commission of 2.5% of the gross purchase
price for each transaction plus a fixed maximum fee of $60,000 for actual time and materials of the
SubConnu|t8nt CL8 for work related to acquisition QSSiStanC8 and eminent domain consultation. Up to
$40,000 of subconsultant fees will be credited against the commissions.
RECOMMENDATION
Council is being asked to approve the consultant agreement with Heartland LLC in the amount of
$60,000 plus 2.5% of each real estate transaction based on the gross purchase price at the
May 15, 2017 Regular Meeting Consent Agenda.
ATTACHMENTS
COOSUUBrt Rating Sheet
Consultant Agreement
Exhibit A Scope OfWork
Exhibit BConsultant Fee Schedule
24
4/26/2017
4/12/2017
Final Broker Scoring Summary + Ranking.xlsx
Firm
Proposal Average
Interview Average*
Total Average
Rank
Long Bay/Otak
26
0
26
2
Heartland/CLS
34
0
34
1
New Ventures
24.5
0
24.5
3
*Because committee was unanimous regarding its first-ranked proposer, interviews were not conducted.
https:Hgcl-excel.gov.online.offi ce365.uslxl—layoutslxlprintview.aspx?&NoAuth=l&sessionld=12.a465c258fdd3l.A99.1.V25.10937%2BMIEHFxu%2BmofwtbyAp25111
26
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONSULTANT AGREEMENT FOR
REAL ESTATE BROKERAGE SERVICES
THIS AGREEMENT is entered into between the City of Tukmi|a. VVashinghmn, hereinafter
referred to as "the City", and Heartland LkC, hereinafter referred to as "the ConmuUant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
Project Desi-gnation. The Consultant is retained by the City to provide Real Estate
Brokerage services in connection with the project titled ChxofTukwila Public Safety F1en
Property Acquisitions.
Scope of Services. The Consultant agrees [o perform the oervicao, identified on Exhibit ^A^
attached hereto. including the provision of all |obor, mateho|n, equipment and supplies.
3. This Agreement shall be in full force and
effect for a period commencing upon execution and ending 12/31/2018, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant toproceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement during
the term of the Agreement unless an extension of such time is granted in writing by the City.
4. Agency. City authorizes Consultant to appoint Matt Anderson as City's Designated Broker
("Designated Broker"). This Agreement creates an agency relationship with City and any of
Consultant's brokern, including any of the Consultant's agents or brokers supervised by
Designated Broker' and Designated Broker as City's agent. No other brokers affiliated with
Firm are agents of Se||er, except (othe extent that Cnnsu|tant, in its diacredon, appoints other
brokers to act on City's behalf as and when needed.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement asfollows:
A. Payment for the work provided by the Consultant shall be made as provided on "Exhibit
B: Consultant Fee Schedule," attached hereto, provided that the total amount of payment
to the Consultant shall not exceed 2.5% of gross pU[Ch8S8 price of each property
purchased by City pU[Su@Ot t0 and during the term of the Ag[8808Ot.
B. The Consultant may submit invoices to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date by nub
consultants previously authorized by the City. Such invoices will be checked by the City
end, upon approval thereof, payment shall be made to the Consultant in the amount
approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section Sh3!| be full COnnpenSadOn for work p8rfOrnned,
services rendenad, and for all moteria|s, eupp|ien, equipment and incidentals necessary
Lo complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are in be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All doounnunto, druvvinga, opeuh5oahono and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which theyare rn@d8 is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copina, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
donunnents, drawinge, specifications or other materials by the City on any project otherthan
the project spenifiedinthiaAgreennent.
O. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreennont, faithfully observe and comply with all fnUere|' state. and |OC@| |owa.
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall dehand, indemnify and hold the City, its officers,
offinia|s, employees and volunteers harmless from any and all o|oinns, injuries, damages,
losses or suits including attorney fees, arising out ofor resulting from the acta, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court ofcompetent jurisdiction determine that this Agreement issubject to RCW
4.24115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, offioia|s, employees, and volunteers, the Consultant's liability
hereunder shall be only b} the extent Df the Consultant's negligence. |tia further specifically
and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCVV' solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Aorennnerd,
insurance against claims for injuries bo persons or damage to property which may arise from
or in connection with the performance nf the work hereunder by the Cnnou|tant, its agents,
napneaenbdiveo, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law urin equity.
A. Minimum Amounts and Scope of Insurance. Consultant oheU obtain insurance of the
types and with the limits described below:
CA revised : 1o013
1. Automobile Liability insurance with a nnininnunn combined single limit for bodily
injury and property damage of $1.000.000 per accident. Automobile Liability
insurance shall cover all owned, nnn'ovvned. hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA00O1 orasubstitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits nn less than $1.000'000 each
occurrence, 02.000.000 08D8n8| aggregate. COmnn8nj8| General U8biUb/
insurance shall be written on |80 occurrence form CG 00 01 and shall cover
liability arising from prennioeo, operationo, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with noapeo( to the
work performed for the City.
Page 2
3. ' coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1.OUO.OU0 per claim and $1.0U0'OU0
policy aggregate Unn/L Professional Liability insurance shall be appropriate tothe
Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to Conbein, or be endorsed to contain that they
shall be primary insurance with respect tnthe City. Any |nsunanco, se|Ansunanma, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not ba contributed ur combined with it.
C. Acceptability Insurers. Insurance is to be placed with insurers with a ou/nantA.K4.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as
required by this section shall be delivered to the City within fifteen (15) days of execution
of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the pod of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breaoh,
immediately terminate the contract o/, at its dinorotion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended tobe
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is on
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 the Consultant nor any employee of the
Consultant shall be entitled io 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 for contributing to the state
industrial insurance progrann, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed nr
retained any company or penaon, other than a bonofide employee working solely for the
Consultant, to solicit or secure this oontnact, and that he has not paid or agreed to pay any
company orperson, other than u bonafida employee working solely for the Conau|bant, any
fee, oonnnnissinn, poroentage, brokerage fee, gifts, Vr any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City ehu|| have the right to annul this contract without |iabi|ih/, or in its discretion to deduct
from the contract price or consideration, or otherwise reoover, the full amount of such fee.
commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Conou/tant, with regard to the work performed by/tunder
this Aonaenoen[, will not discriminate on the grounds of race, rdiQiun, croed, oV|Vr' national
origin, age, veteran atatun, sex, sexual orientahon, gender identity, marital s[etus, political
CA revised :1-2n1a
Page 3
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Waiver by the City of any provision of this Agreement or any time |irnbndon
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. Either party may terminate this Agreement by giving 1Odays written notice to the other
party. In the event ufsuch tannination. City shall owe to Consultant any fees earned or
expenses incurred up to the date of termination. This shall include full or partial payment
of a Commission, as defined herein, to the degree reasonably earned by Consultant prior
to the Termination, even if closing on the subject property occurs after Termination of the
Agreement.
B.|nthe event of the death ofa member, partner mofficer of the Consultant, many of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Aoreennent, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. . This Agreement shall be subject to, and the
Consultant shall at all times comply vvith, all applicable federo|, state and local |avvS,
nygu!ations, and ru|es, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City ofTukwila. 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 inany
such action shall be entitled to its reasonable attorney's fees and costs of suit. Venue for any
action arising from or related to this Agreement shall be exclusively in King County Superior
Court.
10. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agneement, which by their sense and context are reasonably intended to survive the
nonnp|etion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City ofTukwila
02OOSouthoentorBoulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Heart|mnd.LLC
1301 First Avenue, Suite 20U
Seattle, VVA98101
P: /206 882-2500
18, This Agreement, together with attachments or addenda,
represents the entire and integrated Aoneonnont between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
CA revised :1-2o1z
Page 4
amendment or modification of this Aoreenlord shall be of any force or effect unless it is in
writing and signed by the parties.
19. Inconsistent Provisions. |n the event provisions of this Agreement are inconsistent with any
of the attached exhibits, the provisions of this Agreement shall supersede those contained
within the exhibits.
CA revised : 1-2013
Page 5
DATED this
CITY OF TUKWILA
Allan Ekberg, Mayor
City Clerk, Christy O'Flaherty
CA revised : 1-2013
day of
20
CONSULTANT
Printed Name: Matt Anderson
Title: Principal & Designated Broker
Approved as to Form:
Office of the City Attorney
Exhibit A: RFQ & Scope of Services
City of
�rI1:�U�ll�_1
REQUEST FOR QUALIFICATIONS
REAL ESTATE BROKERAGE SERVICES
Issued by:
City of Tukwila, Washington
6200 Southcenter Boulevard
Tukwila, WA 98188
Contact:
Justine Kim, Owner's Representative
Telephone (206) 838-3706
justinek@sojsea.com
March 8, 2017
RFQ Broker Services
Pagel of
33
General Background
The City of Tukwila (City) is a municipality in King County in the State of Washington, directly
south of the City of Seattle. The City of Tukwila incorporated in 1908, and currently has an
estimated population of 20,000.
In November 2016, 60% of City of Tukwila voters approved a 20 -year bond as a part of the
City's overall Public Safety Plan (PSP). The bond will pay for the replacement of three
seismically deficient fire stations, new fire equipment and apparatus, and construction of a
justice center to house the Tukwila Police Department and Tukwila Municipal Court. Another
aspect of the PSP is the construction of a consolidated City shops facility to replace the existing
inefficient and unsafe facilities, which will be paid for by equal parts from the City's General
and Enterprise funds.
Request
The City is seeking the services of a licensed commercial Real Estate Broker (Broker) to provide
Real Estate Broker Services for the identification and acquisition of 4 -5 properties to house the
new city facilities being built. The required services will consist of assisting City in identifying
and acquiring properties that meet the City's requirements for each of the facilities. The
selected Broker will be expected to perform the services in accordance with the Scope of
Services and in accordance with the requirements of the solicitation.
This RFQ solicitation does not in any way obligate City to award a contract or to pay any
expense or cost incurred in the preparation and submission of qualifications statement
responding to this RFQ.
Scope of Services
The City will engage a qualified Broker as an independent consultant under a separate
contract, for a specified time period and scope of services. The scope of the work for the
separate contract shall include, but not limited to, the following:
1. Consult with City's project team as needed to fully understand the property
selection criteria and site requirements for each City facility.
2. Provide input to City's project team regarding site selection criteria and
geographic parameters.
3. Research appropriate areas of the city, as guided by the project team and
approved site selection criteria, for viable real estate acquisitions.
a. This will include regular monitoring of listing services to identify
potentially appropriate properties that are listed for sale.
b. This will also include identifying suitable properties that are not
listed for sale, and upon approval from the City, approaching
owners on behalf of the City to initiate purchase negotiations.
4. Identify potential properties that appear to meet each facility's needs.
5. Assist City project team in the evaluation, negotiation, and purchase
process.
a. This will include close coordination and meetings with City's project
RFQ Broker Services Page 2 of 7
34
team to discuss suitability of candidate properties.
This will also include assisting the City in conducting all aspects of
due diligence on any contracted properties.
If this process results in the use of the City's eminent domain
authority, the scope of services will include supporting and assisting
the City throughout the process, including negotiations and possibly
providing written or oral testimony incourt.
6. Advise the City on engaging an independent and experienced certified
commercial appraiser, who will contract directly with the City to establish
fair market values of properties being considered.
7. As requested by City, make oral and visual presentations to City staff,
advisory committees, the public, and elected officials.
O. Distribute purchase documents 10 interested sellers.
9. Provide regular progress reports to City's project team.
10. Serve exclusively as the City's agent on the project.
11. Facilitate all property closings, including engagement ofa title company to
handle closing documents and recording.
Minimum Qualifications
The following minimum qualifications are required in order for a Broker to be considered.
Respondents should explain how they meet each of the Scope of Service needs and these
qualifications:
1. Respondent must be a licensed commercial Real Estate Broker in good standing in
the State of Washington.
Z. Broker must have a minimum of five (G) years' experience in listing and leasing
commercial properties inthe Seattle metropolitan area.
a. As described in Proposal Contents below, respondents should submit a list of
properties listed or acquired in the last years. Experience listing properties
within the City of Tukwila is not required, but if you have listed properties
within Tukwila, please highlight these transactions in the response.
b. Please also highlight any transactions completed on behalf ofa public entity.
I Experience in valuation of commercial, industrial, and institutional land and
improvements.
4. Prior work representing public entity (chy state county, school district, service
district, transit agency, oruniveoity).
5. Comprehensive understanding of Washington eminent domain statute, ability to
take lead responsibility on behalf of city to ensure compliance with all procedural
requirements.
6. Familiarity with projects financed with tax-exempt municipal bonds.
7. Ability to understand the City of Tukwila's zoning regulations and entitlement
RFQ Broker Services
Page 3 of 7
Proposal Contents:
Responses should include the following information and arrange the document in the
following format:
1. Cover Letter, signed by an authorized representative of the firm.
2. Firm Profile and Qualifications:
a. List of key team members who will potentially work on this engagement and their
respective roles associated with this project.
b. Provide current resumes, including the following for each Broker or agent that the
respondent intends to include on its team.
i. Description of each team member's qualifications to provide real estate
advisory services, with specific numbered responses to each of the
minimum qualifications listed above.
c. Description of firm's experience representing public agencies and experience with
tax - exempt bonds and eminent domain.
d. Brief overview of the firm's philosophy and approach to property selection and
the firm's approach to working with clients.
3. Firm Experience
a. Provide a summary of recent (last 5 years) industrial, institutional, and
commercial real estate transactions completed by the team (or individual
members of the team) including:
i. Brief description of vacant land or existing building transactions, including
industrial, institutional, or commercial sales or acquisitions. For each
transaction, please provide the following information:
1. Size of parcels and improvements, location, zoning, and transaction
date.
RFQ Broker Services
36
2. Describe the degree to which the firm facilitated due diligence
activities for the client.
3. Identify any transactions conducted for a public agency client, and
any transactions involving the use of tax - exempt bonds or eminent
domain.
4. Identify any transactions located within the municipal boundaries
of Tukwila.
ii. Describe strategies utilized by the firm for identifying suitable properties,
either vacant land or existing buildings.
iii. References: Provide a listing of a minimum of four former or current client
references for commercial real estate representation, including at least
two public agencies, for which the firm has provided similar services to
those proposed herein. Include, at a minimum:
1. Client Name
2. Client Contact Person and Title
3. Client Contact Person's email address and phone number
4. Brief description of the scope of services provided and dates
services were provided.
Page 4 of 7
4. Proposed fees for services as described in "Scope of Services" listed in this RFQ.
a. Please note all assumptions that form the basis of the fees, and describe the
method for calculating the fees.
b. If any fees are commission based, please note which services are covered by the
commission.
c. For non-commission based fees, please attach a schedule of hourly rates or
proposed billing approach and estimated total fee.
The City requests that the firm limit its expression of qualifications to fifteen (15) typewritten
pages, excluding the cover page, table of contents and the required attachments. The
statement of qualifications should take the form of a bound O B inch report with a table of
contents and all pages numbered insequence.
Submittal Requirements
Please submit any and all questions in writing to Justine Kim by the time and date specified
below, using this email address: .
Any substantive clarifications requested by one Respondent will be shared with all known
potential Respondents. The deadline for submitting clarification questions is 5:00 pm Pacific,
March 17, 2017. Questions and answers will be sent by email to all respondents by 5:00 pm
on March I4,ZO17.
Interested firms shall submit original and one (1) hard copy and one (1) electronic copy of the
Broker's Statement of Qualifications to the below address no |aterthan4:OO pm on March 31,
2017 to be considered. Faxed and/or late submittals will not be considered.
ATTN: Justine Kim
Shie|s C>b|etoJohnsen~ Inc.
8O0 Fifth Ave, #413O
Seattle VK/\981O4
RE: Tukwila Real Estate Broker Services RFQ
Approximate Selection Timeline
Request for Qualifications Issued
March 8, 2017
Questions Due:
March 17, 2017
Responses to Questions Due:
March 24, 2017
Proposals Due:
March 31, 2017
Interviews (if deemed necessary)
Week of April 10, 2017
Selection
April 17, 2017
RFQ Broker Services
Page 5 of 7
Evaluation Criteria
Each proposal will be independently analyzed by members of an evaluation team comprised of
City's project team. The evaluation team may choose to interview top firms. Factors to be used
in evaluating the proposals will include, but are not limited to:
1. Firm's experience and demonstrated ability to provide the requested services.
2. Qualifications, skills, and applicable experience of firm's team members.
l Proposed fees for services.
4. Quality and content ofresponse.
S. Experience in working with similar organizations un similar projects.
6. References.
City Reservation ofRights
I. City reserves the right to reject any orall proposals, to waive any informality in the
RFQ process, or to terminate the RFQ process at any time, if deemed by City to be in
the organization's best interest.
Z. City reserves the right not toaward a contract pursuant tothis RF(l
3. City reserves the right toterminate a contract awarded pursuant to this RF{}at any
time for convenience upon 10 days written notice to the selected consultant.
4. City reserves the right to retain all proposals submitted and not permit withdrawal of
proposals for a period of 60 days subsequent to the deadline for receiving proposals.
5. City reserves the right to negotiate fees proposed by bidders pursuant to this RF[L
6. City reserves the right to reject and not consider any proposal that does not meet the
requirements of this RFQ, including but not limited 10 responses that are late,
incomplete, or that offer alternate ornon'reques1ed services.
7. City shall have no obligation to compensate any Respondent to this RFQ for any costs
incurred in responding tothis RFQ.
8. City reserves the right to, at any time during the RFQ or contract process, prohibit any
further participation by a bidder or Respondent or reject any proposal submitted that
does not conform to any of the qualifications and services required detailed herein.
9. City reserves the right to terminate the engagement at any time if City learns or
determines that respondent's activities, investments, or property ownership
constitute a conflict nfinterest.
NFQBmber Services
Page 6of7
CITY OF TUKWILA
CONTACT INFORMATION FORM FOR
QUALIFICATION FOR
REAL ESTATE BROKER SERVICES
PROPOSER NAME:
EIN#:
ADDRESS:
PHONE NUMBER:
FAX
NUMBER:
COMPANY CONTACT:
EMAIL ADDRESS:
AUTHORIZED SIGNATURE:
THIS PAGE MUST BE SIGNED BY A PERSON AUTHORIZED TO ACT FOR THE COMPANY IN
HIS/HER OWN NAME.
RFQ Broker Services
Page 7 of 7
39
.s
CONSULTANT FEE SCHEDULE
Fees paid by the City of Tukwila, Washington (City) to Heartland LLC(Consultant) pursuant
to the Consultant Agreement for Real Estate Brokerage Sen/ioma, executed on PNmy___
2Q17, shall begoverned by the following provisions:
COMPENSATION. In consideration of the services to be rendered by Consultant, City agrees to
pay Consultant aefollows:
1. Commission: 2.5%of the gross purchase price of each property purchased during the term
of the Agreement, payable at closing.
a. The Commission shall be payable at closing on any property on which City shall,
during the b*nn of this Aonommont, enter into a written purchase or option to
purchase a property located in the City of Tukwila, VVaahingtnn, no long as such
property is consistent with the operational objectives outlined in Exhibit A. and
approved in writing by City or City's representative for evaluation or acquisition by
Consultant.
b. In the event owner of all or portions of the properties targeted for purchase under
this engagement list its property for sale with a broker, and Consultant receives part
of the listing broker's oonnnniaoiun payable by the uwnor, then the Commission
payable by City under this Agreement shall be reduced by the amount of
commission Consultant receives from owner(e)'o listing broker.
2. Sub Consultant Land Staff) Fees: Sub consultant fees will b* billed monthly \o
City by Consultant without markup and paid monthly by City. Fees will be billed on a time
and materials basis per the hourly rates below. Up to $40,000 of sub consultant fees will be
credited against the Commissions paid to Consultant on a prorated basis as closings occur.
Sub consultant fees shall not exceed $0O.00O unless previously authorized by City in
o. Contract Land Staff (Sub consultant) Hourly Rates:
Contract Land Staff, LLC
2017 Schedule of Hourly Rates
Sr. Vice President $175.00 per hour
Project Director/Supervisor
$160.00 per hour
Project Manager Acquisition/Negotiation
$155.00 per hour
Project Manager — Relocation
$140.00 per hour
Sr. Right of Way Agent
$120.00 per hour
Administrative Land Specialist
$80.00 per hour
Travel reimbursed at standard govt. approved rates
Per mile
Other Travel Expenses
As Agreed
Sub-consultant rates vary by task and project
As negotiated
Consultant Fee Schedule
b. Contract Land Staff (Sub consultant) Fee Provisions:
Consultant Fee Schedule
CONTRACT LAND 8TAFF, LLC considers photocopying, first class poStog8,
telephone, facsimile and cellular communication charges osanormal
component of its overhead. These charges are included in the stated hourly
rates. Out-of-pocket expenses including travel and lodging, outside exhibit
preparation, requested overnight courier orregistered and/or certified nooi|
(return receipt requested) charges and specialty reproduction (unless
otherwise specified) are in addition tn the contract amount and will be
charged at cost plus ten percent /+10Y6\. Subcontracted services, other than
those listed above, will bm invoiced ot cost plus ten percent /+1OY6\.
In the event CONTRACT LAND STAFF, LLCiS required ho perform any act
in relation {o litigation arising out 0f any project vvKhtheCUent(forexannp|e.
expert consulting, responding to a complaint, or proceeding with discovery
and trio|). such services are not part of this contract, nor are they part uf
Contract Land Staff's normal fees. If required, these types of services will be
invoiced at two times (2x) current regular hourly rates, at the time of service.
iii. In the event this contract extends twelve (12) months beyond the inUUe| date
of execution, the hourly rates and any remaining amount in the contract shall
be adjusted upwardly by five percent (5%) per annum, compounded
annually, on the anniversary date of this contract.
iv. Written communication services in other languages would be an additional
cost and would be billed separately based on quoted hourly rates by
independent translation services.
v. CONTRACT LAND STAFF, LUC may submit monthly invoices for the
professional services rendered based on the hourly rate schedule provided
above. Substantial changes in the required scope of work may result inthe
revision of the proposed fees.
PUBLIC SAFETY COMMITTEE
• . f 1 •
Citv Council Public Safetv Committee
Meeting Minutes
May 1, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Thomas McLeod, Chair; Joe Duffie, De'Sean Quinn
Staff: David Cline, Jay Wittwer, Rachel Bianchi, Bob Giberson, Jack Pace, Nora Gierloff,
Lauri Dunning, Mary Hulvey, Mike Villa, Bruce Linton, Laurel Humphrey
Guests: D.J. Baxter, Shiels Obletz Johnson; Alexi Brown - Schmidt, resident
CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m.
I. ANNOUNCEMENT
II. BUSINESSAGENDA
A. Contract: Real Estate Brokerage Services for Public Safety Plan
Staff is seeking Council approval of an agreement with Heartland, LLC in the amount of $60,000
plus 2.5% per real estate transaction for brokerage services for the Public Safety Plan projects.
Heartland LLC was unanimously selected from three proposals received by the staff scoring
committee. The proposed contract includes a standard broker commission of 2.5% of the gross
purchase price for each transaction plus a fixed maximum fee of $60,000. Fees for
subconsultant work by CLS for acquisition and eminent domain assistance will be credited
against the commissions for up to $40,000. Chair McLeod asked if Heartland would have any
conflicts of interest or prior relationships with project management, architects and quality
assurance contractors. Staff replied that there were no conflicts, and that Heartland has
worked with Shiels Obletz Johnson on the Seawall Project in Seattle. UNANIMOUS APPROVAL.
FORWARD TO MAY 8, 2017 COMMITTEE OF THE WHOLE.
B. Program Management Quality Assurance Request for Qualifications
Staff is seeking Council approval of a Request for Qualifications and selection process for the
Public Safety Plan Program Management Quality Assurance Consultant requested by the
Council earlier in the year. If approved by Council, the RFQ will be issued May 10 with proposals
due May 24. Staff proposes that the Public Safety Committee members serve on the interview
panel during the week of May 29, with final selection occurring around June 2. Chair McLeod
inquired if the Council could request more than quarterly reporting from the consultant. Staff
noted that this would increase the contract price, but it is the Council's decision. The
Committee requested that the scope of services be revised to state that the consultant will
report to the Council between 4 -6 times per year, recognizing the potential increased cost.
Councilmember Quinn requested that fiscal impact be added to the information memo before
it goes to the Committee of the Whole. Because the Public Safety Plan budget did not include
43