HomeMy WebLinkAbout25-138 - Contract - King County GIS Center - Tukwila Parks Website & AppCity of Tukwila
• 6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 25-138
Council Approval N/A
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 King County GIS Center, hereinafter
referred to as "the Contractor," whose principal office is located at
201 S Jackson St #225. 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. nsation a Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $15,512.00 at the rate described in Exhibit A.
3. Contractor Budaet. 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 oLk-eneement. This Agreement shall be in full force and effect for a period commencing
April 1St, 2025, and ending December 31St, 2026, unless sooner terminated under the provisions
hereinafter specified.
S. lndeoendent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement, The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
CA Revised May 2020 Page 1 of 4
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 Public Entity, 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 Contractor 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 Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation, coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
CA Revised May 2020 Page 2 of 4
E. Verification of Coverage. Contractor 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 Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City.
8. Record Keening 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, 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.
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.
CA Revised May 2020 Page 3 of 4
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. Aaal cable_ Law; Venue: Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
DATED this 18th day of April 2025.
CITY OF TUKWILA
Signed by;
Kris Kelly, Parks & Rereation Director
ATTEST/AUTHENTICATED:
Signed by:
C, City Clerk
APPROVED AS TO FORM:
Signed by:
� l� .Office of t' ie eity Atton iey-
CONTRACTOR:
Signed by:
By, �t,1nLitS �.t�tln,5 �V.
Printed Namepenni s R. Higgins Jr.
Title: Spatial Services Manager
201 S Jackson St, Ste 225; Seattle
Address: wA 98104
CA Revised May 2020 Page 4 of 4
Kin!9 County KING COUNTY GIS CENTER Exhibit A
GIS CF-,NTER Proect Aamentent and Billing Authorization
CLIENT REQUEST KCGIS Project #:23-xxx
Client Agency or Company: Tukwila Parks KCGIS TRS Code"
Client Contact Name: Pete Mayer Assigned KCGIS PM: DH
Contact Phone: KCGIS Contact: [1 Hi
Contact Email: Phone: 206-477-4415
Client Mailing Address: Email: I
P 0 E T A
1 550511 1 _J
Project Title: I Tukwila Parks 11
Date of Request: 4/112024
V
late Project Approved by Xient:
Requested Completion Date:
Actual Completion Date:
PROJECT SCOPE OF WORK
Fully describe request, including maps, reports, tables, and digital files. Include output format and size for plotted maps. Note that
each project includes one (1) client review cycle, unless noted otherwise,
Tukwila Parks Website/App
A version of the KC Parks Funfinder, featuring/highlighting/branded Tukwila Parks; online tools far viewing and querying Tukwila Parks info:
facilities, fields, directions etc.
Notes: hosting/transfer tasks not included and tbd:
64 hrs, Programmer; 24 hrs. Senior; 4 hrs. PM; $15,512
If necessary, attach detailed scope, of work by reference here:
Comments and Notes: Include data sources if not available from KCGIS. If product purchase is required, indicate vendor/contact
details. Indicate any special requirements, QAJgC, 2roject acceptance, etc.
Notes:
Printing not included
Hourly rates used for this prelim, est.: PM $178, GIS Programmer $172; GIS Senior $158
PROJECT' COST :
Hourly
Est.
Labor Costs:
Rate
Hours
Cost
Administrative Services
$ 122
$
GIS Analyst (GIS Journey Level):
$ 146
$ -
GIS Analyst (GIS Senior Level):
$ 158
24.00
$ 3,79100
GIS Programmer (GIS Specialist Master):
$ 172
64„00
$ 11,008.00
Senior Cartographer:
$ 172
$ -
GIS Project Manager:
$ 178
4,00
$ 712.00
GIS Consultant:
178
$, -
GIS Center Manager:
178
$
Other ():
130
$
Total Labor:
$ 15,512.00
Unit
Other Costs: (Media costs include check plots)
cost
0tv.
Cost
Laser, Printing (each):
$ 1.50
$
Inkjet Printing (per square foot):
$ 4.00
$
High -Gloss Printing (epr square foot):
$ 6.00
$
Contingency:
Tot Estimated Prosect Costs: $ 15,512,00
PROJECT APPROVAL:
:PASA
ka King County KING COUNTY GIS CENTER
GIS CENTER Pro ipct &tgement and Billing Authorization
King County GIS Center offers to provide the products and services described in this Scope of Work for the estimated cost shown.
Client Approval: By signing below, client agrees to the scope, cost estimate, and terms & conditions outlined in this agreement, King
County clients authorize interfund transfer payment from the POETA cost code indicated or from the prepaid client services funds banked
with the KCGIS Center, as indicated above, upon submission of billing statement
/—Signed by; A IY /)A) r 1 1 r%. AA
KING COUNTY GIS CENTER CLIENT SERVICE'S
SERVICES TO BE PROVIDED: Services to be provided will be specified fully on the King County GIs Center Project Agreement and Billing Authorization Form Scope
of Work. The Project Agreement and Billing Authorization Form will also indicate the estimated' cost. Work will commence only after both the scope of work and
the cost estimate, as described on the KCGIS Center Project Agreement and Billing Authorization Form, have been agreed to and approved in writing by the client.
CHANGE ORDERS: Additional costs resulting from changes to the scope of work requested by the client, and that exceed the original cost estimate will be billed at
standard published rates.
WARRANTY: King County GIS Center has resources and staff with the necessary knowledge, skills, and abilities to provide the services and products offered. KCGIS
Center staff will follow King County GIS Best Practices and Standards in, completion of this work. Notwithstanding this, all, deliverable items and services will be
provided "as -is", without a guarantee or warranty of any kind, either expressed or implied. THE CLIENT UNDERSTANDS AND AGREES THAT THE PRODUCTS AND/OR
SERVICES TO BE PROVIDED AS DESCRIBED BY THE PROJECT REQUEST AND BILLING AUTHORIZATION FORM! SCOPE OF WORK ARE PROVIDED "As -is" WITHOUT
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. The
client shall be solely responsible for the selection, use, and: modification of any services or products provided, in whole or in part, and King County GIS Center shall
have no liability thereof.
LIMITATION OF LIABILITY- King County GIS Center shall not be liable for any direct, indirect, special, or consequential damages which may arise, from its
performance under this agreement. KCGIS Center's liability shall in no event exceed the amount actually paid by the client for the specific services or products
provided,
PAYMENT: King County GIS Center services: are provided on a time and material basis, with costs estimated on the Project Agreement and Billing Authorization
Form. KCGIS Center reserves the right to renegotiate the not to exceed hours limit if the client changes the scope of work or project requirements, or if the original
labor estimate is incorrect. Labor is billed according to the published price for actual hours worked. Costs for printing and plotting services are billed according to
KCGIS Center published prices. other costs, including, but not limited to, travel, special software, custom data, etc.,, will be invoiced at actual cost. If project is
cancelled by the client before completion, the client will be invoiced for all KCGIS Center time and material expended before notice of cancellation was received.
The client will be invoiced on a monthly basis for work completed during the previous month. Payment terms are fifteen (15) days from invoice date. Balances past
due 30 days incur 1% monthly interest, Payment shall be made to the address identified on the KCGIS Center invoice.
KCGIS Center reserves the right to change the published labor, printing, and plotting price at the beginning of each calendar year, or upon advance notice if costs
change significantly at other times.
'TAXES: Costs for staff time and material are quoted exclusive of any state sales tax or other local taxes, Any taxes due will be added to the invoice for payment by
the client.
CUSTOM APPLICATION DEVELOPMENT: King County GIS Center retains full rights to use any custom computer programs, application development methods,
designs, or techniques that it develops or acquires in the performance of this work,
CUSTOM! DATA DEVELOPMENT: Custom data developed for a project will belong to the customer and will be used by KCGIS only with permission.
NOTE: King County GIS Center may include client names and work samples in future Informational material, unless requested otherwise by client,
:PABA