HomeMy WebLinkAbout14-216 - Real Retail - Tukwila International Boulevard District Element / Retail Market AnalysisCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 14-216
Council Approval N/A
CONSULTANT AGREEMENT FOR
RETAIL MARKET ANALYST SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Real Retail, hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform real estate market
analyst services focusing on retail uses in connection with the project titled "Update to the
Tukwila International Boulevard District Element of the Comprehensive Plan".
2. Scope of Services. The Consultant agrees to perfolin the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending August 31, 2015, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than August 31, 2015 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $15,000 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, 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 shall be full compensation for work perfoiined,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to 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 documents, drawings, specifications 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 they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, 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
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, 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 of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, 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, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, 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 Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, 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 or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
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2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, 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 respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
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 part 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 breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
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 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 the Consultant nor any employee of the
Consultant 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 for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
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10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
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. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any 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 Agreement, 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. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. 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 Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive WI mination of this
Agreement.
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17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Real Retail
1725 Westlake Avenue North
Suite #210
Seattle, WA 98109
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this day of,, 1„:„,e,,,4-1,7 , 2014
CITY OF TUKWILA
Jac Pace, DCD Director
CA revised : 1-2013
CONSULTANT
By:
Maria oyer
Principal
Real Retail
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Exhibit A
Updates to the Tukwila International Boulevard (TIB) District Element of the
Tukwila Comprehensive Plan
Real Retail Scope of Services
Purpose:
Tukwila International Boulevard (TIB) Retail Perspective
Real Retail will bring retail expertise to an assessment of existing conditions influencing the
current and future use of multi-family and commercial real estate in the Tukwila International
Boulevard (TIB) area for the Tukwila City Council (CC) and Planning Commission (PC). This
assessment is intended to inform the updates to the goals, policies, and vision in the TIB District
Element of the comprehensive plan. The assessment will assist the CC and PC in understanding
why the uses the community desires are NOT there, what the City could do to achieve the
desired vision for the area, and an understanding of the time frame in which changes may
occur.
Tasks
1. Attend a Comprehensive Plan Visioning Session, January 8, 2015: Led by VIA Architecture,
this session's objective is to assist the PC and CC in refining their vision for the TIB District by
presenting existing conditions in the TIB and engaging participants in a visioning exercise.
1.1. Real Retail will review background information on the TIB District — City's current
comprehensive plan vision, goals and policies, and land use map, and the vision
proposed by the Tukwila International Boulevard Action Committee (TIBAC).
1.2. Real Retail will attend the Comprehensive Plan Visioning Session to be held January 8th.
Our role will be primarily as an observer; however, Real Retail can be used as resource
should questions regarding market and development potential matters arise.
2. Attend a Market Assessment Session, February 26, 2015: Led by Heartland and Real Retail,
this session's objective is to discuss the feasibility of achieving the vision by contextualizing
the factors that influence commercial tenancy and development both today and during the
planning horizon. The other key topic will be multifamily and mixed use development
economics.
2.1. Meet with City staff to review presentation and recommendations prior to second
worksession with CC and PC.
2.2. Illustrate key demographics for retailers sought for the TIB area based on the visioning
session.
2.3. Explain what retailers may be attracted to the TIB under current conditions
2.4. For those uses desired for the area as a result of the Visioning session explain:
a What demographics are needed to attract those uses?
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3.
o Regardless of demographics (assume they evolve towards supporting the use), is
there even an opportunity for this type of use given simiiar existing users in the
competitive area?
o Are there particular physical factors that are necessary for a business to be located in
the area (for each sector)?
2.5. The focus of the discussion will likely be on grocery and ground related retail in mixed
use (Heartland will offer the economics/rents needed, but what types of users could be
anticipated and what are their space needs?).
2.6. What can the city do to help encourage the desired retail from a policy perspective?
Deliverable: e deliverable will be a PowerPoint based report adapted from the
presentation prepared for the February 26th meeting.
The following bultets are a series of questions posed by the City to Real Retail, which it
would like feedback on in the Market Assessment Session on February 26th and also
addressed in the deliverable.
Included in review with Heartland will be a discussion of the following questions:
• How does the current negative perception of crime in the TIB area affect the future
redev&opability of the District?
• How does SeaTac's plans for airport-related development affect the vision for more
neighborhood-serving commercial uses?
• DiSCuSSthe"mOixeduse"nnode|:Does[esidenUa{aboveretai/"vvO[k"?VVhere8nd
when does it work?
• How could the City attract the "right" developers and businesses to the TIB District
(and to each envisioned zoning district), and who are the "right" ones?
Included in review with Heartland and the Urban Design Consultant will be a discussion
of the following questions:
�
Do existing goals need revising to reflect updated Vision?
• Are the boundaries of the land use designations on the Comp PIan Map appropriate?
Should the descriptions of the land use designations be revised?
• Are there particular zoning concepts, or uses/building forms that are relevant? What
policies are recommended for smaller-sized and irregular parcels?
• What should be the maximum buliding scale and how should scale change relative to
surroundings?
• Should the City take action with regard to existing non-conforming uses:
o Motels, Dj vu, Pawn shops (conditional in RC and iliegal in NCC)
o Should there be a future Transit-Oriented Development (TOD) overlay at the
Tukwila International Boulevard station?
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• Are there streetscape and block and lot pattern changes in the study area that
should be considered in order to implement the vision? Should place orientation be
to internal streets instead of TIB? If so, is there a typical street cross section?
• What are the District's best assets and how can they be promoted and/or used to
implement the vision?
• Generally, are the development regulations that apply to the TIB District optimized
to assist with/facilitate redevelopment? Are there steps the City should take to
improve their effectiveness?
• What public actions typically do and do not make a difference in these markets?
Show examples.
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Total Fee: $15,000
Task 1 $
Task 2 $
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[I M2I
Exhibit B
Payment for Work
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