HomeMy WebLinkAbout18-152 - PlaceMakers - Tukwila International Boulevard Neighborhood Plan Update18-152(a)
Council Approval N/A
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and Placemakers, LLC
That portion of Contract No. 18-152 between the City of Tukwila and Placemakers is hereby
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, 2020, 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
products required pursuant to this Agreement no later than December 31, 2020 unless an
extension of such time is granted in writing by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this
CITY OF TUKWILA
day of December, 2019.
e, DCD Director
ATTEST/AUTHENTICATED
Allan Ekberg, Mayor
CA Revised December 2016
CONTRACTOR
Printed Name: Hazel Borvs
Title: Managing Principal / President
APPROVED AS TO FORM
iceof e City A or
Page 1 of 1
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Contract Number ^^ 18-152
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Tukwila International Boulevard Code Revisions)
THIS AGREEMENT is entered into between the City of Tukvvi|o. VVoshingion, hereinafter
referred to GG ''the City", and P|aoeK8akere. LLC hereinafter referred to as ''the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Pnoiect Demicination' The Consultant is retained by the City to CnS8te draft zoning code
standards and services in connection with the project titled -FUhvvi|@ |nt8rnGU0nG| Boulevard
Neighborhood Plan update.
2. Scope of Services. The Consultant agrees to perform the senvioeo, identified on Exhibit ^4/
attached hereto, including the provision of all labor, nnoteha|a. equipment and supplies.
5. Duration of Aqmeemmemt;Time for Performance. This Agreement shall b8infull force and
effect for a period commencing upon execution and ending December 31. 2019. 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 products required pursuant to this
Agreement no later than December 31. 2019 unless an extension of such time is granted in
writing by the City.
4. Pavmemt. The Consultant shall be paid by the City for completed vvurh and for services
rendered under this Agreement aafollows:
A. Payment for the work provided by the Consultant ehoU be made as provided on Exhibit
^B^ attached her8tO, provided that the total amount Ofpayment tothe Consultant shall
not exceed $39,900 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 Lhereof, payment shall be
made tothe Consultant inthe 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 Ofthe work under this Agreement and its acceptance bythe City.
D. Payment as provided in this Section shall be full compensation for work pgrformed.
services rendenBd, and for all rnoteria|e, aupp|ieG, equipment and incidentals necessary
tocomplete 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 e
period of three /3\ years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All d0CunOentS, drGvvnOa, specifications and other
rD8teh@|S produced by the C0OSV|t8Ot in C0nneC1iOO with the sgnviC8S R}Dd8[ed under this
Agreement shall be the property of the City whether the project for which they are mode is
executed or not. The Consultant shall be permitted to retain copieS, including reproducible
oopies. of drawings and Sp8CifiCGdOnS for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
dOCUm8OtS. d[8vViDgS. specifications or other 08tS[i8|S by the City On any project other than
the project SpeCifiedinthiSAgFe8DleDt.
8. Compliance with Laws. The Consultant shall, in performing the S8rviuuo contemplated by
this Agne8rD8DL faithfully ObS8rV8 and COnlp|y with all f8de[8|' G{@i8. and |OC@| l8vvS'
ordinances and regulations, applicable tothe services rendered under this Agreement.
7. Indemnification. The Consultant eh8|| defend. indemnify and hold the City, its officere,
offioia|e, employees and volunteers h8rrn/eao from any and all o|uirne, injuries, damages,
/oeeee or suits including attorney fees, arising out of or resulting from the negligent ontS,
errors or omissions of the Consultant in performance of this A0r88rnant, except for injuries
and damages caused bythe sole negligence ofthe City.
Should a court of cOOOp8t8Ot jurisdiction d8t8[rDiO8 that this Ag[88rDeDt is GUhi8Ct to RCVV
4.24.115.th8D, 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 OfhCe[S. 0ffiCia|S, 80p|OyeeS' and v0|VDt8erS. the [|ODSU|t8n[S liability
hereunder shall beonly t0the extent ofthe Consultant's negligence. |tisfurther specifically
and expressly understood that the indemnification provided herein constitutes the
CUOSU|t8Oi'S VV8iV8r Of immunity Under |DdV8tri@| |DSUr@DC8` Tide 51 RCVV' GO|8|y for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions Vfthis section shall survive the expiration ortermination ofthis 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 COnauitanL, its ogentS,
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'e recourse to any remedy available at
law 8[iO equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance ofthe
types and with the limits described below:
1. Automobile Liability Auto use is not anticipated during the COrDp|VtiOn of this
contract. Should on automobile be required to serve this contract, Consultant will
purchase full -coverage automobile liability insurance from the rental car company.
2. Commercial General Li8bi|ityinsurance with limits OOless than $1'UOO,O0Ueach
occurrence, $2.000.00Ogeneral aggregate. Commercial General Liability
insurance shall be8tleast aSbroad meISO occurrence form CGOOO1and shall
cover liability arising from prernieSS. Operadons, stop -gap independent contractors
and personal injury and advertising injury. The City shall b8named aaan
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement otleast @Sbroad a8ISO CG 2028.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State ofWashington.
B. Other Insurance Provision. The Consultant's Commercial General Liability insurance
policies are to cmntain, or be endorsed to contain that they ohoU be primary inaun@DCR
CA revised December 281O
with respect to the City. Any |OSU[GOQe. SeU-iOSUn8D&8, or iDSU[8nC8 pool coverage
maintained by the City Gh@U be excess of the Consultant's insurance and Sh8U not be
contributed 0rcombined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a ournentA.K4.
Beat rating of not |888 than A:VU.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
8 copy of the amendatory endonoernenta, including but not neoe8n8rUv limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
b8fVna commencement of the work. Upon request by the City. the Consultant shall
furnish certified COpi8S Of all required insurance po|icieS, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
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
inSun8OC8 as v8qVinBd shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the br8GCh,
irnrn8di@t8|y terminate the contract or, at its diaooaUVn, pnOCuna or nan8vv 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 no|o 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
ernp|Oy88 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 5h8|| not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance pn}gr8rn. otherwise oeaurninA the dudes of an employer with respect to
the Consultant, O[any employee Ofthe Consultant.
10. Covenant AqainmtCmntinqem1Fees. The Consultant warrants that huhas not employed Dr
retained any company or p8rGVn, other than a bon8fide employee working solely for the
Consultant, to solicit orsecure this oontnsoL and that he has not paid or agreed to pay any
company or penson, other than a bonofide employee working solely for the Coneu|tant, any
fae, uomnmniaaion, pancenta0e, brokerage fea. Aifto, or any Other consideration contingent
upon or ngou|Ung from the award or making of this contract. For breach or violation of this
vv8[r@Dt. the City Sh8|| have the right to annul this contract without |iGbi|ity, or in its discretion
to deduct from the contract price or consideration, or otherwise reoover, the full amount of
such fee, commission, percentage, brokerage fee, gift, orcontingent fee.
11. Discrimination Prohibited. Cnntnactor, with regard to the work performed by it under this
Ag[88DleDt. will not discriminate OO the grounds of race, religion, creed, CO!Or. n8doD8| OrigiO,
uge, veteran eiatus, eex, sexual ori8ntadVn, gender identity, marital status, political affiliation,
the presence of any diS8bi|ity. or any other protected c|8oS status under state or federal |8vv,
in the selection and retention of employees or procurement of materials or supplies.
12. Assimmment. The Consultant shall not sublet or assign any of the nen/iCeG covered by this
Agreement without the express written consent ofthe City.
13. Non -Waiver. Waiver by the City Of any provision of this Agreement Or any time limitation
provided for in this Agreement 8hu/| not constitute o waiver Ofany other provision.
14. Termination.
CA revised December 2016
A. The City reserves the rightk}t8nDiO@t8UhiSAo[e8nleDt8taOyUDO8 by giving ten /10\
days written notice tOthe Consultant.
B. In the 8V8Ot of the death of 0HDlbeF. partner or officer Ofthe CODSU|t8DL or any of its
supervisory pe[SODDd assigned to the project, the surviving O0eO0be[S of the COnSV|CGDt
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This S8Cd0n shall not be 8 b8[ to [8Oe0Oti8UODS of this Ag[e8OO8Ot
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Akorney'a Fees. This Agreement shall be subject to, and the
COOSU|t@Dt Sh@|| at all tiOl8S COOlp|y VVith, all applicable fHd8[8|. state and |VCa| |aVVs.
regU|8tiOOS. and [U|8S, including the pFOViSi0nS Of the City Of lFUhVVi|8 K4UDiCipG| Code and
ORjiDaOCeG Of the City Of Tukwila. In the event any suit, 8[bitngtiVD' or other proceeding is
instituted to 8OfOnCe any LB[Ol of this Agreement, the parties specifically understand and
agree that venue Sh8|| be properly laid in King County, Washington. The prevailing party in
any such action shall beentitled toits attOrney'ofees and costs Ofsuit. Venue for any action
arising from or related to this Agreement Sh8|| be 8xdVSiv8|y in King County Superior Court.
16. Sevecabilitv and Survival- |fany term, condition urprovision ofthis Agreement iedeclared
void or UDeOfO[CO8b|e or limited in its application or effect, such event shall not affect any
other provisions hereof and all Other provisions Sh8|| [g0@in fully enforceable. The
provisions of this Agne8noent, which by their sense and context are r88GOn@b|y intended to
survive the completion, expiration or cancellation of this Agreement, shall survive te[D1iD@dOO
Ofthis Agreement.
17. Notices. Notices [othe City ofTukwila shall b8sent tothe following address:
City Clerk
City VfTukwila
82OOSOUthCeOtH[Boulevard
Tukwila, WA 98188
Notices tOConsultant shall b8sent tOthe following address:
P|aoeK8oherm.LLC
5136 Sevilla Avenue, NW
A|buquenqu8, NK887120
18. Entire Aqrmemment; Modification. This Agreement, together with attachments or addenda,
represents the gnbna and integrated Agreement between the City and the Consultant and
supersedes all prior negodadona, repmmeantatione, or agreements written or oral. No
@08Dd0eDt or 08difiC@dUD of this Agreement Sh8|| be of any fO[C8 Or effect uD|USS it is in
writing and signed bythe parties.
[mrevised December 2O18
DATED this 6th day of September, 2018.
CITY OF TUKWILA CONSULTANT
Allan Ekberg, Mayor
Attest/Authenticated:
City Clerk, risty erty
CA revised December 2016
By:
Printed Name: Susan Henderson
Title: Vice President and C.F.O.
Approved as to Form:
y ttorhey VIA .A.c-1
Page 5
EXHIBIT A
SCOPE OF SERVICES
The Consultant is to provide quality professional planning for this specific scope of work:
Tukwila International Boulevard District "TIB District" — Peer Review and Zoning Code Completion
1. Provide extensive revision and completion of the UBDistrict zoning chapter provided by the City.
This revision will include:
1. Clarification Oflanguage to ensure consistency throughout the document
2. Clarify and edit metrics and add graphics in Table 3 District Standards to match corridor
regulation graphics
3. Edit and adjust graphics for urban street sections
4. Add language for how to apply the new street standards to existing streets via C|P
etreVtaoapeaorprivate development
5. Edit for graphical consistency throughout
0. Map the corridor types OO the zoning rD8p with improved graphics; nn@tCh cO[hdO[
types LVthose inthe code
7. Move all photography to the TIB Design Manual, and replace critical illustrations with
simplified graphics
8. Modify architectural standards to make objective and coordinate with []8SigO Manual to
avoid duplication
S. Completion Ofopen space standards
10. Completion of parking standards
11. Completion of site requirements
2. Via conference ca||, present on electronic version ofT|B District draft one as @ Microsoft Word
document to the City for comment. Incorporate one round of consolidated electronic edits from
all reviewing departments and produceT|B District draft two tothe City for community
consultation.
3. Produce materials to assist with c000D1UDiiy COOSu|t8dUD in the fO[0 of electronic dOCVn08ntS to
be printed and distributed by the City including:
1. SketchUp models showing how each current zoning district compares with each new
zoning category, T|BZones —7-|B1.T|B-2.and TC)[].Handouts include @brief
description ofchanges inentitlements for existing landowners. Zoning comparisons
RCtoTOD NCC tuT|B2
HDRtoTOO HDR|oT|B2
NCCt0TOO HDRtoT|B1
RC tVT|B2 MDR k}T|B1
CArevised December 2O10
RC to RCM MUO toHOR
2. Flyer describing zoning update process and community engagement opportunities.
4. Assist with l[|B [}iGth{t presentation during a 1-day trip to TUhvvi|a by two team rnenlbBnG Of
Consultant including:
1 City staff working S8SSi0n /8 A.M. to noon; approximate dnneo may be revised by City)
2. Community open house (5 t00P.K4..; approximate times may berevised byCity)
3. City Planning CornrniSSi0n and City Council working session (7 to S P.M.; oppn}xirne1e
times may berevised byCity)
4. Revisions toT|B District based on Planning CVrnrniaaion and Council direction.
EXHIBIT
PAYMENT SCHEDULE
* T|BDistrict draft one $28.988
* T|BDistrict draft two $4.050
Total $33.038
Optional Services
* Consultation K4@t8[i@|S $2.288
� T|B District Joint Work Session $4.574
Not to Exceed $39,900
CArevised December 2016