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HomeMy WebLinkAbout25-143 - Contract - King County GIS Center - Tukwila Parks MapCity of Tukwila • 6200 Southcenter Boulevard, Tukwila WA98188 v CONTRACT FOR SERVICES Contract Number: 25-143 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 #2255 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. Scooe 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. Comoensation_and _Method of 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 $39,344.00 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. Dur 'on of Aareement. This Agreement shall be in full force and effect for a period commencing April 1St, 2025, and ending December 315t, 2026, unless sooner terminated under the provisions hereinafter specified. 5. 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. Indemnifjcation. 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 Keepina 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. Assianment 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 Aareement: 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. 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 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 21St day of April 2025. CITY OF TUKWILA Signed by: E�_ nitial _ Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: F Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM: Signed by: d'. Ste. k41615FE 52 --- Office of the City Attorney CONTRACTOR: Signed by: F By: � Printed Name :Dennis R. Higgins Jr. Title. spatial services Manager 201 Address: CA Revised May 2020 Page 4 of 4 k King County KING COUNTY GIS CENTER Exhibit A �S U"NrlProtect Agreement and Billing Authorization CLIENT REQUEST KCGIS Project #: 23 -ba Client Agency or Company: Tukwila Parks KCGIS TRS Code: Client Contact Name: Pete Mayer Assigned KCGIS PM: DH Contact Phone: KCGIS Contact: D Higgins Contact Email: Phone: 206-477-4415 Client Mailing Address: 1 1 Email: 0 P O E T A 550511 1 Project Title: ITukwila Parks Date of Request: 4/1/2024 late Project Approved by Client: 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 eacn project incivaes one ll) cuenr review cyae, unless norea omerwise. Parks Map High-quality cartographic production, suitable for printing brochure -style, also PDF delivery; similar in style and form to other KCGIS products such as Transit kiosk maps and Burien-Renton-SeaTac-Tukwila Recreation map Tukwila -only effort: 240 hours Senior; 8 hrs. PM; $39,344 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, QA/QC, project 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): $ 158 240.00 $ 37,920.00 GIS Programmer (GIS Specialist Master): $ 172 $ - Senior Cartographer: $ 172 $ - GIS Project Manager: $ 178 8.00 $ 1,424.00 GIS Consultant: $ 178 $ - GIS Center Manager: $ 178 $ Other 130 - Total Labor: $ 39,344.00 Unit Other Costs: (Media costs include check plots) Cost Ctv. Cost Laser Printing (each): $ 1.50 $ - Inkjet Printing (per square foot): $ 4.00 $ High -Gloss Printing (epr square foot): $ 6.00 $ Total Other Costs: $ - Contingency: Total Estimated Project Costs: $ 39,344.00 PROJECT APPROVAL: 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 :PABA ka Kinunty KING COUNTY GIS CENTER GIS CEWER, ProJectAgreement and Billing Authorization County clients authorize interfund transfer payment from the PCE -FA cost code indicated or from the prepaid client services funds banked with the KCGIS Center, iQdjg�tg0 above, upon submission of billing statement 4/7/2025 1 10:44 AM PDT Note: KCGIS Center services are offered in accordance with the standard terms & conditions outlined on Page 2. KING COUNTY GIS CENTER CLIENT SERVICES 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 bythe 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 Centershall 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 ifthe 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 a project is cancelled bythe client before completion, the client will be invoiced for all KCGIS Centertime 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, ortechniques that it develops or acquires in the performance ofthis 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