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HomeMy WebLinkAboutCOW 2015-08-24 Item 4C - Agreements - Consulting Services for Arena ProjectCOUNCIL AGENDA SYNOPSIS Initials Meelin ,g Date Prepared by Mayor's re!ie Council review 08/24/15 DCS W4 ITEM INFORMATION ITEMNO. 4.C. & Spec 2.B. I 35 STAFF SPONSOR: DEREK SPECK ORIGINALAGENDADATE: 8/24/15 AGENDA ITI.,"m Trns�', Consulting services contracts for proposed arena CATI.-GORY Z Discussion Mtg Dale 8124119 z Motion Mtg Date 8124119 ❑ Resolution Mt Date ❑ Ordinance Mtg Date ❑.BidAward Mtg Date ❑ Public.Hearin g Mtg Date ❑ Otber Mtg Date SPONSOR ❑ Council Z Ma 'yor EI.HR E]DCD D.Finance E].Fire E]IT E],P&R ❑ Police ❑ PWI SPONSOR'S The Council is being asked to consider and approve the amendments to consulting services SUMMARY agreements related to analysis of the proposed arena. REVIEWED BY ❑ cow Mtg- ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 8/18/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONsoR/ADMIN. Mayor's Office COMMI'17EE Unanimous Approval; Forward to C.O.W. & Special Mtg. Consent 8/24 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $290,000 $ $ Fund Source: GENERAL FUND Comments.- No net cost to City, The full amount will be reimbursed by the arena developer. MTG. DATE RECORD OF COUNCIL ACTION 8/24/15 MTG. DATE ATTACHMENTS 8/24/15 Informational Memorandum dated 8/12/15 Five contracts with proposed amendments Minutes from the Finance and Safety Committee meeting of 8/18/15 35 W City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Derek Speck, Economic Development Administrator DATE: August 12, 2015 SUBJECT: Consulting Contracts for Proposed Arena ISSUE Staff requests Council approval for consulting contracts related to the proposed arena. BACKGROUND In May 2015 RLB Holdings Sports and Entertainment, LLC submitted an application for State Environmental Policy Act (SEPA) review for permits and approvals necessary to construct a multi - purpose sports and entertainment arena in Tukwila. The City of Tukwila has determined that an Environmental Impact Statement (EIS) will be prepared. As is typical for environmental reviews and projects of this nature, staff contracted with consultants to assist with technical analyses and project management. Similar to what occurs in other large projects, these costs will be paid by the developer. Staff would like to amend some of those contracts to expand their scope to carry the project work through the EIS period and the end of this year. Staff requests Council approval for those contract amendments that exceed the Administration's approval authority. As information, the table below also includes two contracts that are still within the Administration's approval authority but are shown here in order to give Council context for all the contracts related to the arena at this time. Contract Maximum Amount Firm Purpose Current Proposed 15 -059 Daley Morrow Poblete, 1 nc. Water, sewer, stormwater analysis $20,000 $50,000 15 -078 Skinner Planning and Environmental Solutions EIS review $35,000 $75,000 15 -084 Fehr & Peers Traffic analysis $20,000 $40,000 15 -107 Shiels Obletz Johnsen Project management $35,000 $100,000 15 -127 Fehr & Peers Parking analysis $12,500 $25,000 15 -080 Walker Macy Architectural design review $10,000 $10,000 To be determined Transit analysis $0 $20,000 Total $132,500 $320,000 There are a few items that are important to note: (1) These contracts are revenue neutral to the City because the arena developer and City will enter into an agreement in which the developer will reimburse the City for these 37 INFORMATIONAL MEMO Page 2 costs. Since the reimbursement agreement relates to the City receiving revenue and does not authorize expenditures, it does not require Council approval. The arena developer has reviewed the draft reimbursement agreement and indicated their concurrence. (2) The contract amounts shown are maximum "not to exceed" limits. Most of the contracts are based on actual time and materials and the full amount may not be spent. (3) As the arena project progresses, it's possible that other contracts will be necessary. DISCUSSION The Daley Morrow Poblete contract provides technical analysis of the arena's effects on the city's water, sanitary sewer, and stormwater capacity and infrastructure. The Skinner Planning and Environmental Review contract will provide for the assistance of Lloyd Skinner who is reviewing the EIS and performing other planning work related to the arena. The two Fehr & Peers contracts are for different scopes of work that fall within Administration's approval authority, however, staff seeks Council approval since, when combined, they exceed Administration's approval limits and we would like to avoid any misperceptions. One of the contracts is to analyze the proposed parking for the arena and the other contract is to analyze the traffic impacts. The Shiels Obletz Johnsen contract provides for Ken Johnsen to serve as the City's project manager for the arena. The five contracts are currently in effect. Staff is requesting Council approval of amendments to increase the maximum compensation in the agreements. The contracts with proposed amendments are attached. FINANCIAL IMPACT There is no financial impact to the City because the cost of the contracts will be reimbursed by the arena developer. Although the contracts are revenue neutral, budget amendments may be necessary later this year to show increases in revenues and expenditures. RECOMMENDATION The Council is being asked to approve five proposed contract amendments and consider this item at the August 24, 2015 Committee of the Whole meeting, with potential approval at the Consent Agenda of the Special Meeting to follow that same evening. The timing of the project would benefit from the approval of these contracts in August. ATTACHMENTS (1) Contract 15 -059 Daley Morrow Poblete, Inc. with amendment #1 (2) Contract 15 -078 Skinner Planning and Environmental Review with amendment #2 (3) Contract 15 -084 Fehr & Peers (for traffic analysis) with amendment #1 (4) Contract 15 -107 Shiels Obletz Johnsen with amendment #1 (5) Contract 15 -127 Fehr & Peers (for parking analysis) with amendment #1 38 WA2015 Info Memos\Arena Contracts Memo.doc Attachment #1 Contract 15 -059 Daley Morrow Poblete, Inc. with amendment #1 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Daley- Morrow - Poblete, Inc. That portion of Contract No. 15 -059 between the City of Tukwila and Daley- Morrow - Poblete, Inc. is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City as authorized by the Mayor. Section 4: 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 -1" attached hereto, provided that the total amount of payment to the Consultant shall not exceed 50,000 without express written modification of the Agreement signed by the City. Exhibits A and B are hereby amended and restated as attached hereto as Exhibit A -1 and Exhibit B- 1. All references to Exhibit A and Exhibit B in contract 15 -059 shall be read as referring to Exhibit A -1 and Exhibit B -1, respectively. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Daley- Morrow- Poblete, Inc. Amendment #1 CONSULTANT Alex Poblete, P.E., Vice - President Page 1 of 3 41 Contract 15 -059 Exhibit A -1 Scope of Work On call civil engineering consulting services, as requested by the City of Tukwila, will include but not be limited to: • Development plan review for compliance with City code and development standards • Construction support • Attending meetings as requested • Other planning and engineering services as agreed to by the parties Any request for services not listed above shall be agreed upon by the City and the Consultant prior to performance of said services. Daley- Morrow - Poblete, Inc. Amendment #1 Page 2 of 3 42 Contract 15 -059 Exhibit B -1 Payment Payment for pre- approved on -call work will not exceed the budget list in Section 4.A without an approved amendment to the agreement. Payment will be based on invoices supporting hours worked based on the following fee schedule: STANDARD FEE SCHEDULE 2015 PROFESSIONAL ENGINEER $120.00 PER HOUR PROFESSIONAL LAND SURVEYOR $110.00 PER HOUR EXPERT WITNESS $200.00 PER HOUR PROJECT MANAGER $100.00 PER HOUR DESIGN ENGINEER $ 95.00 PER HOUR PLANNER $100.00 PER HOUR ENGINEERING TECHNICIAN $ 90.00 PER HOUR CADD TECHNICIAN $ 85.00 PER HOUR CADD DRAFTER $ 80.00 PER HOUR SURVEY TECHNICIAN $ 90.00 PER HOUR OFFICE SURVEY COMPUTATIONS $ 90.00 PER HOUR SECRETARIAL STAFF $ 50.00 PER HOUR 2 -MAN SURVEY CREW $130.00 PER HOUR 3 -MAN SURVEY CREW $160.00 PER HOUR DIRECT EXPENSE CHARGES INVOICED COSTS TO DMP, INC. — PLUS 15% (Long Distance Calls, Reproductions, miscellaneous materials, sub - consultants, etc.) OVER TIME — Charges at 1.5 times the hourly rate charge listed above. REPRODUCTIONS - CADD Plats $7.50 per L.F. (Mylar), plus hourly rate $6.00 per L.F. (Vellum), plus hourly rate Xerox Plans $3.00 per sheet (Paper), plus hourly rate $15.00 per sheet (Mylar), plus hourly rate COPIES - 24X36 $3.00 per page, plus hourly rate 18X24 $2.00 per page, plus hourly rate Color 8.5x 11 $1.25 per page, plus hourly rate B/W 8.5x 11 $ .10 per page, plus hourly rate CD's $75.00 each, plus hourly rate TRANSPORTATION EXPENSES - $0.65 Per Mile. Daley- Morrow - Poblete, Inc. Amendment #1 Page 3 of 3 43 15 -059 City Of Tukwila Contract Number: Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR ON -CALL ENGINEERING SUPPORT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Daley - Morrow - Poblete, Inc., a Washington corporation, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to perform on -call engineering support services in connection with the project titled a N -Cq-u- e:SNG1iyJ96rR4 ✓C7 .511PPO t-!r 2. 4 Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending 17- / 3 ih s , 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 111S' unless an extension of such time is granted in writing by the City. 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 f1 coi $ so 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 performed, 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. 29 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: CA revised: 1 -2013 M 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. Page 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. CA revised: 1 -2013 Page 3 47 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 termination of this Agreement. CA revised: 1 -2013 W Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: Public Works Department City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Daley- Morrow - Poblete, Inc. 726 Auburn Way N Auburn, WA 98002 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 CITY OF TUKWILA �3rOk day of Gl- &as GIOEM SoN� P(15 1r- Watjmr D e 1-c- c.Ta/R CA revised: 1 -2013 CONSULTANT By: 2A . Printed Name: Alex Poblete P.E. Title: Vice - President Page 5 i • ON -CALL ENGINEERING SUPPORT SERVICES EXHIBIT A & B SCOPE OF WORK On -call civil engineering consulting services, as requested by the City of Tukwila, will include, but not be limited to: • Development plan review for compliance with City code and development standards • Construction support • Attending meetings as requested • Other planning and engineering services as agreed to by the parties Any request for services not listed above shall be agreed upon by the City and the Consultant prior to performance of said services. PAYMENT Payment for pre- approved on -call work will not exceed the budget listed in Section 4.A. without an approved amendment to the agreement. Payment will be based on invoices supporting hours worked based on the following fee schedule: STANDARD FEE SCHEDULE 2015 PROFESSIONAL ENGINEER PROFESSIONAL LAND SURVEYOR EXPERT WITNESS PROJECT MANAGER 50 $120.00 PER HOUR $110.00 PER HOUR $200.00 PER HOUR $100.00 PER HOUR DESIGN ENGINEER $95.00 PER HOUR PLANNER $100.00 PER HOUR ENGINEERING TECHNICIAN $90.00 PER HOUR CADD TECHNICIAN $85.00 PER HOUR CADD DRAFTER $80.00 PER HOUR SURVEY TECHNICIAN $90.00 PER HOUR OFFICE SURVEY COMPUTATIONS $90.00 PER HOUR SECRETARIAL STAFF $50.00 PER HOUR 2 -MAN SURVEY CREW $130.00 PER HOUR 3 -MAN SURVEY CREW $160.00 PER HOUR DIRECT EXPENSE CHARGES: INVOICED COSTS TO DMP, INC. — PLUS 15% (Long Distance Calls, Reproductions, miscellaneous materials, sub - consultants, etc.) OVERTIME — Charges at 1.5 times the hourly charge rate. REPRODUCTIONS - CADD Plats - $7.50 per L.F. (Mylar), plus hourly rate $6.00 per L.F. (Vellum), plus hourly rate Xerox Plans - $3.00 per Sheet (Paper), plus hourly rate $15.00 per Sheet (Mylar), plus hourly rate COPIES: 24 X 36 $3.00 per page, plus hourly rate 18 X 24 $2.00 per page, plus hourly rate color 8 % X 11 $1.25 per page, plus hourly rate b/w 8 % X 11 $ .10 per page, plus hourly rate CD'S $75.00 each, plus hourly rate TRANSPORTATION EXPENSES - $0.65 Per Mile. 51 52 Attachment #2 Contract 15 -078 Skinner Planning and Environmental Review with amendment #2 53 54 CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and Skinner Planning and Environmental Solutions That portion of Contract No. 15 -078 between the City of Tukwila and Skinner Planning and Environmental Solutions is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City as authorized by the Mayor. Section 4: 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 -2" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $75,000 without express written modification of the Agreement signed by the City. Exhibits A and B are hereby amended and restated as attached hereto as Exhibit A -2 and Exhibit B- 2. All references to Exhibit A and Exhibit B in contract 15 -078 shall be read as referring to Exhibit A -2 and Exhibit B -2, respectively. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Skinner SEPA Contract Amendment #2 CONTRACTOR Lloyd Skinner, Principal Page 1 of 3 55 Contract 15 -078 Exhibit A -2 Scope of Work On -call consultant services as requested by the City of Tukwila including but not limited to: • Regulatory review, • Project level SEPA environmental analysis, and • EIS document preparation and review. Payment for pre- approved on -call work will not exceed the budget listed in section 4.A without an approved amendment to this agreement. Skinner SEPA Contract Amendment #2 Page 2 of 3 56 Contract 15 -078 Exhibit B -2 Payment Payment will be based on invoices reflecting hours worked at a fully burdened rate of $175/hour. Contractor will provide an estimate of the hours required for individual tasks prior to beginning work. Skinner SEPA Contract Amendment #2 Page 3 of 3 57 0101 City of Tukwila Contract Number: 15-078 Council Approval NIA • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR ON -CALL SEPA SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Skinner Planning and Environmental Solutions, 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 on -call SEPA support services on an as- needed basis. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2015, unless sooner terminated under the provisions hereinafter speed. 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 December 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 $10,000 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 performed, 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 wade available upon request. �stcfC1 M 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: CA revised :1 -2013 •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. Page 2 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. Indeuendent 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. CA revised :1 -2013 Page 3 61 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 termination of this Agreement. CA revised: 1 -2013 62 Page 4 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: Lloyd Skinner Skinner Planning and Environmental Solutions 3 S6# N j—: Ito (o S 7— 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 April, 2015. CITY OF TUKWILA CONSULTANT Jack P$e V City ofl�ukwila DCD Director Printed Name: Lloyd Skinner Title: 'L CA revised: 1 -2013 Page 5 63 Exhibit A Scope of Work On -call consultant services as requested by the City of Tukwila including but not limited to: • Regulatory review, • Project level SEPA environmental analysis, and • EIS document preparation and review. Payment for pre - approved on -call work will not exceed the budget listed in section 4. A without an approved amendment to this agreement. Exhibit B Payment Payment will be based on invoices reflecting hours worked at a fully burdened rate of $1 75/hour. Contractor will provide an estimate of the hours required for individual tasks prior to beginning work. CA revised :1 -2013 .� � Page 6 City f Tukwila Agreement Number: 15-078(a) y Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Skinner Planning and Environmental Solutions That portion of Contract No. 15 -078 between the City of Tukwila and Skinner Planning and Environmental Solutions is amended as follows: Section 4• 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 $35,000 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this .2 l s7 day of May, 2015. CITY OF TUKWILA CA: 2012 CONTRACTOR Lloyd Sl4inner, Principal Page 1 of 1 Ag Exhibit B Payment Payment will be based on invoices reflecting hours worked at a fully burdened rate of $175/hour. Contractor will provide an estimate of the hours required for individual tasks prior to beginning work. .. Attachment #3 Contract 15 -084 Fehr & Peers (for traffic analysis) with amendment #1 67 r-F-P CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Fehr and Peers That portion of Contract No. 15 -084 between the City of Tukwila and Fehr & Peers is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City as authorized by the Mayor. Section 4: 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 "13-1" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $40,000 without express written modification of the Agreement signed by the City. Exhibits A and B are hereby amended and restated as attached hereto as Exhibit A -1 and Exhibit B- l. All references to Exhibit A and Exhibit B in contract 15 -084 shall be read as referring to Exhibit A -1 and Exhibit B -1, respectively. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Fehr & Peers Traffic Study Amendment #1 CONSULTANT Chris Breiland, Principal Page 1 of 3 •• Contract 15 -084 Exhibit A -1 Scope of Work Fehr & Peers will complete the following Scope of Work to peer review for the traffic study assumptions /results, model data, mitigation strategies, comment letters and related documents being prepared by the Northwest Arena applicants • Task 1 — Review studies, model results, mitigation strategies, etc. prepared by the applicant's consultants • Task 2 — Summaries our review and potential implications to the City of Tukwila transportation facilities • Task 3 — Provide recommended changes or submit comments directly to applicant's consultants All work performed under this agreement will be executed swiftly as we understand that time is of the essence. Fehr & Peers Traffic Study Amendment #1 Page 2 of 3 70 Contract 15 -084 Exhibit B -1 Payment Based on the scope of work in Exhibit A -1 invoices will be billed on a time and materials basis based on the following hourly rates: Principal: $240 Project Engineer/Planner: $105 -$135 Administrative: $95 Fehr & Peers Traffic Study Amendment #1 Page 3 of 3 71 72 City of Tukwila Contract Number: 15 -084 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A CONSULTANT AGREEMENT FOR ON -CALL TRAFFIC ENGINEERING SUPPORT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Fehr & Peers , hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to. perform On -Call Traffic Engineering Support Services. 2. Scope of Services. The Consultant agrees to perform 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 December 31, 2016, 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 December 31, 2016 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 $20,000 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 performed, 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. 0-:C1 c ,,AuAL -S 73 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: CA revised : 1 -2013 74 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. Page 2 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 ANII. 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. CA revised: 1 -2013 Page 3 75 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 termination of this Agreement. CA revised :1 -2013 76 Page 4 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: G.hr:S Ar-e; WA Q toodt qfk A&,-, sle, 4{Zo SN We wit TK ts� 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 I V, t' day of ADALkj , 20J CITY OF TUKWILA Bob Giberson, Public Works Director CA revised: 1 -2013 CONSULTANT Printed Name: ap"s -&e I C')V9 Title: J'T !nG. [ a Page 5 77 FEHRtPEERS April 2, 2015 Bob Giberson, PE Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Re: Review of Large Development Traffic Studies and Related Documents Dear Mr. Giberson: Fehr & Peers understands that Tukwila would like to have us review traffic study assumptions/results, model data, mitigation strategies, comment letters, and related documents for a proposed large development that is undergoing environmental review. Our work will be performed on a time and materials basis and our initial budget will be set at $20,000. Given the on -call nature of this work, it is difficult to define a precise scope of work, but a general outline is provided below. • Task 1 — Review studies, model results, mitigation strategies, etc. prepared by the applicant's consultants • Task 2 — Summarize our review and potential implications to City of Tukwila transportation facilities • Task 3 — Provide recommended changes or submit comments directly to applicant's consultants All work performed under this agreement will be executed swiftly, as we understand that time is of the essence. This letter serves at Exhibit A and B. as referenced in the City's Consultant Agreement. Sincerely, FEHR & PEERS 04Z;;I Chris Breiland, PE Principal Attachments: Scope of Work, Budget 10014th Avenue, Suite 4120, Seattle WA 98154 (206) 576 -4220 Fax(206)576-4225 www.fehrandpeemcom Attachment #4 Contract 15 -107 Shiels Obletz Johnsen with amendment #1 79 :1 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 15 -107 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is amended 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 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 of Payment. The City shall pay the Contractor for services rendered at a rate of $270.00 per hour. The total amount to be paid shall not exceed $100,000. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing May 15, 2015, and ending December 31, 2015, unless sooner terminated under the provisions hereinafter specified unless an extension of such time is granted in writing by the City as authorized by the Mayor. Exhibit A is hereby amended and restated as attached hereto as Exhibit A -1. All references to Exhibit A in contract 15 -107 shall be read as referring to Exhibit A -1. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Shiels Obletz Johnsen, Inc. Amendment #1 CONTRACTOR Ken Johnsen, Executive Vice President Page 1 of 2 Contract 15 -107 Exhibit A -1 Scope of Services Shiels Obletz Johnsen, Inc. (SOJ) NW Arena Project Under the direction of the City Administrator, SOJ will provide project management services for the City's involvement on the NW Arena Project. These services will include: A. Ongoing advice to the City Administrator on how to organize City staff and consultant services. B. Manage the City's team working on the project, including: — Leading regular City team meetings — Maintaining a project schedule for City tasks — Coordinating City's outreach/communications regarding the project — Advising the City Administrator regarding the need for City team resources C. Manage communications with RLB Holdings, including regular meetings with RLB. D. Work with the City team to carry out the City's project review including: — Environmental review — Street vacation — Development agreement with RLB — Building permits E. Identify areas where work with other entities, such as King County Metro, Sound Transit, Puget Sound Energy is necessary. Develop a strategy and a work plan for carrying out that work. F. Prepare a work program outline for on -going City work on NW Arena Project. SOJ will carry out this work on a time and materials basis. SOJ employees will bill for work based on established hourly rates. Any direct costs, such as travel, will be billed at cost. Shiels Obletz Johnsen, Inc. Amendment #1 Page 2 of 2 82 City of Tukwila Contract Number: 15 -107 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A CONTRACT FOR SEIkVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Shiels Obletz Johnsen, Inc. hereinafter referred to as "the Contractor," whose principal office is located at 800 Fifth Avenue, Suite 4130, Seattle WA 98104. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower 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 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 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 $35,000 at a rate of $270/hr. 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 May 15, 2015, and ending December 31, 2015, 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. Shiels Obletz Johnsen, Inc. 5+ of Z Or)' 31 A Q LS Page 1 of 5 F; 1 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. 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. 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 Shiels Obletz Johnsen, Inc. Page 2 of 5 0 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. 8. 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. 9. 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. 10. 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. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 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 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. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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 termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. 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 Shiels Obletz Johnsen, Inc. Page 3 of 5 M. 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 ay of -92015. CITY OF TUKWILA 005- ATTEST /AUTHENTICATED: C12�� A2 -7141' City Clerk, Christy O'Flaherty APPROVED AS TO FORM: ffice of the City Attorney Shiels Obletz Johnsen, Inc. M. CONTRACTOR By: en nse xe utive ce nt K Address: 800 Fifth Avenue, Suite 4130 Seattle WA 98104 Page 4 of 5 Exhibit A Scope of Services Shiels Obletz Johnsen, Inc. (SOJ) NW Arena Project Under the direction of the City Administrator, SOJ will provide project management services for the City's involvement on the NW Arena Project. These services will include: A. Ongoing advice to the City Administrator on how to organize City staff and consultant services. B. Manage the City's team working on the project, including: — Leading regular City team meetings — Maintaining a project schedule for City tasks Coordinating City's outreach/communications regarding the project Advising the City Administrator regarding the need for City team resources C. Manage communications with RLB Holdings, including regular meetings with RLB. D. Work with the City team to carry out the City's project review including: — Environmental review — Street vacation — Development agreement with RLB — Building permits E. Identify areas where work with other entities, such as King County Metro, Sound Transit, Puget Sound Energy is necessary. Develop a strategy and a work plan for carrying out that work. F. Prepare a work program outline for on -going City work on NW Arena Project. SOJ will carry out this work on a time and materials basis. SOJ employees will bill for work based on established hourly rates. Any direct costs, such as travel, will be billed at cost. Shiels Obletz Johnsen, Inc. Page 5 of 5 M. Attachment #5 Contract 15 -127 Fehr & Peers (for parking analysis) with amendment #1 F- •, ME CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Fehr and Peers That portion of Contract No. 15 -127 between the City of Tukwila and Fehr & Peers is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City as authorized by the Mayor. Section 4: 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 "13-1" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $25,000 without express written modification of the Agreement signed by the City. Exhibits A and B are hereby amended and restated as attached hereto as Exhibit A -1 and Exhibit B- l. All references to Exhibit A and Exhibit B in contract 15 -127 shall be read as referring to Exhibit A -1 and Exhibit B -1, respectively. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Fehr & Peers Parking Study Amendment #1 CONSULTANT Chris Breiland, Principal Page 1 of 3 Contract 15 -127 Exhibit A -1 Scope of Work Fehr & Peers will complete the following Scope of Work to peer review for the parking study results being prepared by the Northwest Arena applicants: Kick -off meeting /call with City staff Review of parking study prepared for arena — it is assumed that the applicant will analyze parking demand and develop a plan for up to three events. As part of the review we will focus on the following key assumptions: o Arrival mode split assumptions (we will consider the practical capacity of the transit network in the study area as part of this review) o Average vehicle occupancy o Parking supply locations and amount of proposed parking o Willingness to walk assumptions (how far people will walk from parking to the arena) o Potential parking shuttle arrangements (practicality of shuttles between parking supplies and the arena) o Parking impacts to neighboring businesses; mitigation strategies Memorandum summarizing our review of the parking studies including: o Major issues that may have been missed/understated in the studies and how we recommend to address these issues o Weaknesses with any assumptions o Recommendations of how to strengthen the study o Results and findings of other relevant parking studies for similar facilities /events and localized travel data to document any difference in assumptions /methodology • Meeting or call with City to discuss our review • Response to one round of comments on our peer review from the Project Applicants (assumed as 16 hours of staff time) • As an optional task we can also attend one meeting with the Project Applicants to discuss our findings Fehr & Peers Parking Study Amendment #1 Page 2 of 3 92 Contract 15 -127 Exhibit B -1 Payment Based on the scope of work in Exhibit A -1 invoices will be billed on a time and materials basis based on the following hourly rates: Principal: $240 Project Engineer/Planner: $105 -$135 Administrative: $95 Fehr & Peers Parking Study Amendment #1 Page 3 of 3 93 City f Tukwila Contract Number: 15 -127 y Council Approval N/A • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR PARKING ANALYSIS SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Fehr & Peers, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Protect Designation. The Consultant is retained by the City to perform parking analysis services in connection with the project titled NW Arena Parking Study Peer Review. 2. Scope of Services. The Consultant agrees to perform 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 12/31/15, 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 12/31/15 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 $12,500.00 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 performed, 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. I S+ J X urffvk,,-� .& 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: CA revised: 1 -2013 •. 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. Page 2 2. Commercial General Liabilitv 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:VH. 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. CA revised: 1 -2013 Page 3 97 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 termination of this Agreement. CA revised: 1 -2013 Page 4 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 b sent to the following address: r IA/i15 rJlP. �uAC( I toot f14 Aim—., Sfe e18. Entire Agreement; ddification. 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 p day of 9�/►„/ , , 20j.;_. CITY OF TUKWILA Jack CA revised : 1 -2013 ity Development Director CONSULTANT gmwmm Printed Name: C- v 'S &��� Title: P��� �°tt Page 5 •• FEHRtPEERS June 8, 2015 Jack Pace Exhibit A Director Department of Community Development City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Re: Peer Review of Northwest Arena Parking Study P1S- 521 -SE Dear Mr. Pace: Fehr & Peers is pleased to submit this scope of work and budget estimate to peer review the parking study results being prepared by the Northwest Arena applicants. This scope of work would .include the following: • Kick -off meeting /call with City staff • Review of parking study prepared for arena — it is assumed that the applicant will analyze parking demand and develop a plan for up to three events. As part of the review, we will focus on the following key assumptions: o Arrival mode split assumptions (we will consider the practical capacity of the transit network in the study area as part of this review) o Average vehicle occupancy o Parking supply locations and amount of proposed parking o Willingness to walk assumptions (how far people will walk from parking to the arena) o Potential parking shuttle arrangements (practicality of shuttles between parking supplies and the arena o Parking impacts to neighboring businesses, mitigation strategies • Memorandum summarizing our review of the parking studies including: o Major issues that may have been missed /understated in the studies and how we recommend to address these issues o Weaknesses with any assumptions o Recommendations of how to strengthen the study 1001 41h Avenue, Suite 4120, Seattle WA 98154 (206) 576 -4220 Fax (206) 576 -4225 www.fehrandpeers.com 100 June 6, 2014 FEHRtPEERS Page 2 of 2 Exhibit B o Results and findings of other relevant parking studies for similar facilities /events and localized travel data to document any differences in assumptions /methodology • Meeting or call with City to discuss our review • Response to one round of comments on our peer review from the Project Applicants (assumed as 16 hours of staff time) As an optional task, we can also attend one meeting with the Project Applicants to discuss our findings. Based on the scope of work outlined above, we recommend a budget of $12,500 to be billed on a time - and - materials basis. This budget assumption does not include the optional meeting with the project applicants. This fee is based on the following hourly billing rates: Principal: $240 Project Engineer /Planner: $105 -135 Administrative: $95 We look forward to working with you on this project. Please let me know if you have any questions. Sincerely, FEHR & PEERS i v Chris Breiland, PE Principal 101