HomeMy WebLinkAbout20-025 - Kimley-Horn - Consultant Services: TIB Rechannelization Project��� x ��� �
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20_025
Contract Number: Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the Chv^. and Kirn|ey-Horn' hereinafter referred to as lba Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Proiect Desiqnation.The Consultant iuretained bythe City to perform parking information
and advisory services inconnection with the project t0edOBRenhonne|izaUcm.
2. Scope mfServices. The Consultant agrees toperform the services, identified onExhibit ^A"
attached haputm, including the provision of all |abor, mneh*rie|s, equipment and supplies.
3. Duration ofAqrammment; Time for Performance. This Agreement eho|| be in full force and
effect for a period commencing upon execution and ending April 30. 3020. un|aao sooner
terminated under the provisions hereinafter specified. Work under this Agreement ohm||
commence upon written notice by the City tothe Consultant to proceed. The Consultant
shall perform all services and provide all work product required pursuant tothis Agreement
no later than March 30. 2020 unless on extension of such time is granted in writing by the
City.
Notwithstanding any other provision of this Agreement, the CoOGU{t8D1 Sh@|| not have liability
for or be deemed in breach because of delays caused by any factor outside of its reasonable
oon[mu|. including but not |irni[ad to natural dimaa[ena, adverse xv8eth8r. Or acts of the Citv,
third pudiee, or governmental agencies.
4. Pavmmenk. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement aafollows:
A. Payment for the vvVrh provided by the Consultant shall be mode as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $5.000 without express written modification of the Aoreanomni 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 data. Such
vouchers will be checked by the City and, upon approval theneOf, p8yrnan1 aho|| be
made tothe Consultant inthe amount approved.
C. Final payment of any balance due the Consultant of the total contract prima 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 ehm|| be full compensation for work pedormed,
services rendered, and for all nnateria|a, oupp|ias, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All douurnento, drovvngm, specifications and other
materials produced by the Consultant in connection with the services rendered under this
m�5
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
oopiaa, of drawings and specifications for infonnaiinm, reference and use in connection with
the Consultant's endeavors. The Consultant aho|| not be responsible for any use of the said
dmcumnants, drawings, specifications or other materials by the City on any project other than
the project specifiedinthiaAonaemnen1.
6. Compliance with Laws' The Consultant shall, in performing the services contemplated by
this Aoreemnant, faithfully observe and comply with all fedena|, o1oto. and |oom| |ovve.
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant oho|| dofend, indemnify and hold the City, its ofDomna'
offioio|a, employees and volunteers harmless from any and all doinna. injuries, darnoQeo.
|ooaeo or suits including attorney fees, to the extent arising out of or resulting from the
negligent acts, errors or omissions of the Consultant in performance of this Aonaernnnt.
except for injuries anddarnagaauauaedbytheso|eneg|igenoeoftheCity.
Should a court of competent jurisdiction determine that this Agreement is subject to RCVV
4.24.115, then, in the event ofliability for damages arising out of bodily injury to persons or
damages to property caused by or raau|Un0 from the concurrent negligence of the
Consultant and the Citv, its officore, of5cia|a, anop|oyeen, 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 RCVV, ao|8|y 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. Ammunmn#e. The Consultant ohm|| procure and maintain for the duration of the Aoreernent,
insurance against claims for injuriestopersons urdamage ho propertywhich may arise from
or in connection with the performance of the work hereunder bythe Conou|tant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
o0naennent 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 orin equity.
A. Minimum Amounts and Scope of Insurance. Consultant ahu|| obtain insurance of the
types and with the limits described below:
1Automobile Liability insurance with e minimum combined single limit for bodily
injury and property damage of $1'000,000 per accident. Automobile Liability
insurance nhe|| cover all ovvnad, nun-oxvned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CAOO 01 or
substitute form providing equivalent liability coverage.
2. Commercial General LiabilitV insurance with limits no less than $1,000,000 each
occurrence, $2.UOO.0ODgeneral aggregate. Commercial General Liability
insurance shall baatleast aebroad aeISO occurrence form CGOOO1and shall
cover liability arising from premises, operations, stop -gap independent
contractors and personal injury ondoUv*rtieing| The City shall benamed
as an additional insured under the Consultant's Commercial General Liability
insurance policy with respect tothe work performed for the City using an
additional insured endorsement oileast osbroad amISO CG2D28.
3. Workers' Compensation coverage asrequired by the Industrial Insurance laws of
the State of Washington.
CArevised December 201a
4. P70feSSkoDa| Liability with limits no less than $1.000'000 per deirn and
$1.000.000 policy aggregate |irnd. Professional Liability insurance shall be
appropriate Lothe 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 oontgin, that they
shall be primary insurance with respect to the City. Any |nauranne, ae|f-ineurenne, or
insurance pool coverage maintained by the City shall be axcaeo of the Consultant's
insurance and shall not becontributed orcombined with it.
C. Acceptability of |mmumorm- Insurance is to be phsomd with insurers with o nurnen1/\M.
Best rating ofnot less than A:V||.
O. Verification of Cmvermge. Consultant shall furnish the City with original certificates and
n copy of the amendatory endoreemnentg, including but not necmaeerUv |innib»d to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City. the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
maquined in this Agreement and evidence of all subcontractors' coverage.
E. Notice of Cancellation. The Consultant shall provide the City with written notice ofany
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the pad of the Consultant to maintain the
insurance as required ahe|| 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 contractor. at its diacro!ion, 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 demond, orotthe sole discretion of the Qh/, 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 tuthe een/ineo provided pursuant tothis Agreement.
Nothing in this Agreement ahm|| 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 urfor contributing to the state
induetriol insurance prognsrn, otherwise assuming the duties of an employer with respect to
the Consultant, orany employee ofthe Consultant.
10. Covenant AqminskContinqentFees. The Consultant warrants that hehas not employed or
retained any company or paraon, other than u bonafide employee working solely for the
Consultant, to solicit orsecure this contract, and that he has not paid or agreed to pay any
company or peroon, other than o bonofide onnp|oynm working solely for the Conau|tant, any
few, oomnnnies|on, percentage, brokerage fee, gifto, orany other consideration contingent
upon or resulting from the award or nnuhinQ 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 mmnoideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. Contnyotor, with regard to the work performed by it under this
Agreement, will not discriminate onthe grounds of race, ne|igion, nreed, oo|or, national origin,
age, veteran statue, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
CA revised December 2010
12. AssimmmmnL 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 bvthe City of any provision of this Agreement orany time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City nasene/s the right to terminate this Agreement at any time by Diving ten (10)
days written notice tothe Consultant.
B. In the event of the death of a rnennbar, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby eAraa to complete the work under the terms of this Aun*ennen1, 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; Attornev's Fees. This Agreement shall be subject to, and the
Consultant shall at all bnneo comply vvith, all applicable h»dero|, state and local /owm,
negu|atimne, and ru/ae, including the provisions of the Qb/ of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any eu|t, orb|trmUon, or other proceeding is
instituted to enforce any term of this /\greemment, the parties specifically understand and
agree that venue shall be properly laid in King County' Washington. The prevailing party in
any such action shall beentitled toits attornoy'afees and costs mfsuit. Venue for any action
arising from orrelated tothis Agreement shall beexclusively in King County Superior Court.
16. Sevmrabi|itv and Survival. |fany term, condition orprovision ofthis Agreement iedeclared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions aho|| remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the ooOnpletion, expiration or cancellation of this AoRa8rnent. shall survive termination
ofthis Agreement.
17. Nmtkcma- Notices tothe City ofTukwila shall be sent tothe following address:
City Clerk
City mfTukwila
02OOSouthcentarBoulevard
Tukvv||a, WA 98188
Notices toConsultant shall besent tothe following address:
Kimn|my-Horn
Attn: Dennis Burns
7740N. 16 m Street, Suite3O0
Phoenix, AZ85O2O
CA revised December 2016
18. EntinaAqmeemmmmt| Modification. This Agreement, together with attachments oraddenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior neQotiationa, naprasentakione, 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 bythe parties.
� ���/�
DATED this �
� day of / ^''--'/ . 30,94- .
CONSULTANT
_
Derek Speck Kevin Ki Mm
Economic Development Administrator
CA revised December 201s
Vice President, Kim and Associates
EXHIBIT
SCOPE OF SERVICES
Project Understanding:
The City is currentlyconsidering the installation ofon-street parking on a section of Tukwila
International Boulevard ) and has almost completed the traffic analysis and project cost analysis
but would like to assess the economic benefits of the parking.
Based on our conversation, you do not have a lot of time before you need to make a presentation to
City Council and you wouldbeinterested inbuying oomeofuurexisUngreeourcearalaiedtoU)ia
topic as opposed to conducting a full study due to time constraints.
Project Approach:
Kimley-Horn has several documents, presentations and spreadsheet tools that we believe would be
beneficial in helping you assess the economic impact of adding on -street parking along a section of
Tukwila International Blvd.
Kimwill provide the following documents to the City aswell asproviding 6hours of
consulting time from Dennis Burns, Senior Practice Builder to assist the City in reviewing the
Kimley-Horn provided documents and providing high level guidance to City staff as they develop a
draft economic assessment ofthe T|Bon-street parking project:
1. Presentation #1: Parking ooanEconomic Development Strategy
2. Presentation #2: The Value ofonOn-Street Parking Space
3. Presentation #3: B|Dn Managing Parking - [}0A
4. Presentation #4:The Art ofOn-Street Parking Management
5. Article # 1: Forces of Nature and o Case for Paid Parking
8. Article # 2: The Economic Impact on Business Districts of Variable Pricing Strategies by
DavidFeehmn
7. Article #3: Austin Economic _Deveiopnnent Guiding_Princip|ea 2O18
8. Economic Development nhmp�erfrorn a "Performance -Based Parking Pricing" study done for
the City ofSeattle
S. Parking as an Economic Development Incentive - General Guidelines - Generic Version
10.On-Street Parking Revenue and Expense Projection Work Sheet/Model
Proposed Staff:
0 Dennis Burns, CAPP — Project Manager
Schedule:
The referenced documents can beprovided the same day oothe project ismuthuhzedamdthe
consulting hours are expected to be utilized within 30 days.
Q^revised December oo1n
EXHIBIT
PAYMENT
Fees:
K]rn|ey-HornvNU provide the documents and consulting time listed inthe Scope ofServices for a
lump -sum fee of $5,000.00 inclusive of any reimbursable expenses (if any).
Additional time and resources can be provided by Dennis on an hourly -fee basis at a billing rate of
$250.00/hoUr.
CA revised December 2016