HomeMy WebLinkAbout06-091 - Argus Groups (Metrovation) - Tukwila Village Conceptual Planning•
Contract No 46, 6 h "Q
CONTRACT FOR 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 Argus
Group, LLC, DBA Metrovation, hereinafter referred to as "the Contractor", whose principal
office is located at 225 108th Avenue NE, Suite 520, Bellevue, Washington.
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. Scope 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 perfornung 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 ten
thousand dollars ($10,000).
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 October 20th, 2006 and ending February 1st, 2007 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
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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 Keeping 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.
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
giving to the Contractor thirty (30) days written notice of the City's intention to terminate the
same. Failure to provide products on schedule may result in contract 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.
addresses:
13. Notices. Notices to the City of Tukwila shall be sent to the following
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City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Economic Development Administrator
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Notices to the Contractor shall be sent to the address provided by the Contractor
upon the signature line below.
14. Applicable 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 its attorney's fees and
costs of suit.
DATED this 12:11.- day of ado , 2006
CONTRACTOR: ili-ra4as 0.1
CITY OF TUKWILA
S-c,,,z--•• tNr Y\tatzA-
Mayor, Steven M. Mullet
ATTEST/ AUTHENTICATED:
e E. Cantu, MC, City Clerk
APPROVED AS TO FORM:
Office of the City
BY:
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Title: Planning and Development
Coordinator
Printed Name: Japhet Koteen
ADDRESS:
Argus Group, LLC, DBA Metrovation
225 108th Avenue NE, Suite 520
Bellevue, WA 98004
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
Contractor's goal with this project is to develop a conceptual plan to create a vibrant public
space on the City's Tukwila Village site. Contractor proposes to collaborate with the City and
the King County Library System to evaluate the potential of the City's site to catalyze
economic development, foster healthy civic life, build a sense of community, and improve the
neighborhood.
Contractor will work with Fuller Sears Architects, who designed a previous project on this
site for Sabey Corporation and the King County Library System to develop the plan. There
are three basic components to the renewal concept study: neighborhood analysis; site design;
and a community integration strategy.
Neighborhood Context Analysis: City will provide Contractor with copies of any economic
analysis information it has available at the time of Contractor's request. Contractor will
perform any additional economic analysis needed, as determined by Contractor. Based on
available data, public information and maps, Contractor will prepare a context plan that
highlights elements relevant to the design and development of the Tukwila Village site
Site Concept and Design: Working from the information collected above and conversations
with the City and the Library System, Contractor will develop a building massing and siting
plan that includes a configuration of public, private, retail and residential space which we feel
has the appropriate balance to meet the financial constraints while providing sufficient benefit
to move the project forward. One key aspect of the concept will be to create a strong public
amenity around the library development that increases the value to the residential component
and enhances the quality of life for the entire district. Contractor will suggest a
leasing/tenanting strategy appropriate for the building and surrounding neighborhood.
Based on the building design and leasing, Contractor will assess the pro forma financial
viability from a developer's perspective including any necessary or suggested contribution
from the City.
Community Integration and Public Space Programming: Contractor will take a "community
inventory" of non-profit organizations, cultural groups, and other stakeholders to help
identify appropriate partnerships and users of the public space with the goal of establishing a
critical mass of sustainable social capital. Contractor will suggest a strategy for bringing vital
community energy into the space that can strengthen the retail component, provide additional
amenity for the residences, build social capital, and create a sense of ownership and place for
the City of Tukwila.
Contractor will deliver the following products:
1) Neighborhood context map
2) Soft line drawings of Tukwila Village site -
a) building site plan(s)
b) elevation(s) as viewed from the street
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c) small perspective sketches/vignettes as necessary to communicate features of the
conceptual plan
3) Leasing and tenanting strategy document
4) Community place -making plan
5) Pro -forma analysis of proposed redevelopment concept with attention to expectations for
the City of Tukwila. For those assumptions that are significant, the pro -forma analysis
will describe the rationale for the assumption.
All deliverables will become property of the City of Tukwila and Contractor will provide City
with a document stating such.
Project Team
The Contractor will manage the project and develop financial analysis, commercial space
design, public space/commons design and programming and community integration
strategies.
Contractor will subcontract with Fuller Sears Architects to prepare site plans, area maps,
building massing studies and configuration, and final renderings.
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EXHIBIT B
COMPENSATION AND METHOD OF PAYMENT
The professional fee under this agreement will be a set fee of $10,000, payable upon delivery
of final report as described in Exhibit A. Contractor is responsible for all expenses incurred,
including, but not limited to, any fees due to Fuller Sears Architects.
Although the City is paying the Contractor a set fee as described above, the following
information is provided as background to help interested persons, including the public,
understand the context and scope of the collaboration under this contract.
The total hours for Contractor and subcontractors is anticipated to be approximately 170
hours. Based on average billing rates for Contractor and subcontractors, the total cost for work
under this scope is $25,000. These costs and revenues are estimated as follows:
Budget Estimate
Architectural services, site planning, renderings $ 10,000
includes work done previously
Site concept development, leasing and community $ 11,000
integration strategies, urban design, pro forma
financial analysis
Community survey $ 1,500
Project management and report preparation $ 2,500
Total project costs $25,000
Funding Sources
King County Library System $ 3,000
Contractor (Metrovation) $12,000
City of Tukwila $10,000
Total funding sources $25,000
Upon delivery of final report, the contractor will provide an account of number of hours of
work for staff and fees for subcontractors under this scope of work.
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