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HomeMy WebLinkAbout2017-07-28 - Request for Qualifications - Impact Fee UpdateCITY OF TUKWILA REQUEST FOR QUALIFICATIONS PARK AND FIRE IMPACT FEE UPDATE DUE: JULY 28, 2017 by 5:00 p.m. Pacific Daylight Time The Tukwila Finance Department invites qualified consultants to submit responses to this Request for Qualifications (RFQ) for an update to the City's park and fire impact fees. The agency will use the information to select a consultant that best meets the agency's needs. The update will include developing growth projections, estimating the impact of growth on park and fire facilities, monetizing the estimate and suggesting improvements or revisions to the current impact fee calculation and assessment methodology. Please review the full RFQ following this notice. Two (2) paper copies of the Statement of Qualifications, whether mailed or hand -delivered, must arrive in a sealed box or envelope at the address listed below no later than 5:00 p.m. (Pacific Daylight Time) on Friday, July 28, 2017. The electronic copy must also arrive by this time at the email address listed below. No submittal will be accepted after this date and time. The City will not be liable for delays in delivery of proposals due to handling by the U.S. Postal Service or any other type of delivery service. Faxed submittals will not be accepted. Please reference the project name "Park and Fire Impact Fee Update" and consultant name on all communications and mailing labels. Paper Copies: Peggy McCarthy Finance Department 6200 Southcenter Blvd Tukwila WA 98188 Electronic Copy: Peggy.McCarthy@TukwilaWA.gov Questions regarding the request will be accepted by email ONLY, to Peggy McCarthy, Finance Director, at Peggy.McCarthy(c�TukwilaWA.gov until July 25, 2017, 5:00 pm PDT. The award shall be made to the consultant whose qualifications are most advantageous to the municipality with price and other factors considered. The municipality may reject any and all responses for good cause and request new responses. Published Seattle Times: July 12, 2017 and July 19, 2017 Published Daily Journal of Commerce: July 12, 2017 and July 19, 2017 City of TUKWILA REQUEST FOR QUALIFICATIONS PARK AND FIRE IMPACT FEE UPDATE Issued by: City of Tukwila, Washington 6200 Southcenter Boulevard Tukwila, WA 98188 Contact: Peggy McCarthy, Finance Director July 12, 2017 Page 1 of 12 General Background The City of Tukwila (City) is a municipality in King County in the State of Washington, directly south of the City of Seattle. The City of Tukwila incorporated in 1908, and currently has an estimated population of 20,000. In December of 2008, the City adopted Fire and Park impact fees (Ordinance Nos. 2219 Fire and 2220 Parks) to collect impact fees from developments within the City. The impact fees are used to help fund capital projects related to fire and park capacity within the City. The City would like to update both the Fire and Park Impact fee ordinances. Request The City is seeking the services of an individual or firm with experience in successful implementation of park and fire impact ordinances with municipal governments in the State of Washington ("Respondent" or the selected "Consultant"). Key project elements include: • Review current fire and park impact fee program. • Assist the City in forecasting demand for parks and fire in the impact fee program time horizon. • Develop and provide recommendations to the City on updated fire and park impact fee rates and methodologies. • Meet with key staff and elected officials; provide briefings to the Tukwila City Council. The selected Consultant will be expected to perform the services in accordance with the Scope of Services and in accordance with the requirements of the solicitation. This RFQ solicitation does not in any way obligate City to award a contract or to pay any expense or cost incurred in the preparation and submission of qualifications statement responding to this RFQ. Scope of Services The contract will be to complete the Fire and Park Impact fee program for the City of Tukwila's Finance Department. The selected Consultant must have the capability to complete the entire fire and park impact fee program with input and review by the City. Work will entail all aspects of fire and park impact fee development and update, including: 1. Review existing fire and park impact fee program. 2. Assist the City project future growth and estimate future costs for proposed fire and park projects intended to provide additional capacity for new growth. 3. Recommend changes in policy, fee calculation methodology and rate structure as necessary. 4. Document the study and recommendations. 5. Meet with key City staff. 6. Present project information to the Tukwila City Council. Page 2 of 12 • Note: In November 2016, 60% of City of Tukwila voters approved a 20 -year bond as a part of the City's overall Public Safety Plan (PSP). The bond will pay for the replacement of three seismically deficient fire stations and new fire equipment and apparatus. The City has anticipated that impact fees will pay for that portion of the new fire stations and equipment intended to provide an increase in capacity. It is the City's expectation that this project be completed no later than December 31, 2017. Minimum Qualifications The following minimum qualifications are required for a Respondent to be considered. Respondents should explain how they meet the Scope of Service needs and these qualifications: 1. Experience providing impact fee consulting to Washington State municipalities. 2. A demonstrated understanding of the legal requirements for the implementation of impact fees in Washington State. 3. Proposed budget for providing the required services described in this RFQ, proposed timeline, and ability to meet deadlines based on proposed project team availability. 4. Demonstrated ability of the firm to perform high quality work. 5. Ability to communicate effectively with City staff and/or elected officials. Submittal Contents: The responsive Park and Fire Impact Fee Update Statement of Qualifications should include the following information in the following format: 1. Table of contents. 2. Cover letter expressing the desire and availability to perform the work, signed by the Consultant (the person signing the proposal must be the project lead). 3. Profile and Qualifications: a. Provide a current resume, including a description of the Consultant's qualifications to assist the City in the update of the City's parks and fire impact fee program. b. Description of experience working for or representing public agencies and non- profit organizations or similar entities. c. Brief overview of the Consultant's philosophy and approach in working with cities regarding impact fee programs. d. List of the Consultant's staff that will work on the update, including an estimated number of hours for each staff person, and the billable rate for each employee. 4. Experience a. Provide a summary list of recent (last five years) completed projects where the Consultant provided services to Washington State municipalities in updating their impact fee programs. b. References: Provide a list of a minimum of four former or current client references for Respondent's performance on projects including the following information: 1. Client Name, 2. Client Contact Person and Title, Page 3 of 12 3. Client Contact Person's email address and phone number, and 4. Brief description of the scope and dates of services provided. 5. Proposed Work Breakdown Structure a. Outline the key tasks that will need to be completed for this update to be completed by December 31, 2017. b. Key milestones where decisions by the City need to be made for the project to remain on schedule. 6. Attachments a. Contact information — a form is included as Attachment A. b. Example of an impact fee study — preferably a study document that addresses both park and fire impact fees. The City requests that the firm limit its expression of qualifications to eight (8) pages, excluding the cover page, table of contents and the required attachments. The statement of qualifications should take the form of a bound 81/2 inch report with a table of contents and all pages numbered in sequence. RFQ Questions and Clarifications Please submit questions in writing to Peggy McCarthy, Peggy.McCarthy@TukwilaWa.gov, no later than 5:00 pm PDT, July 25, 2017. Questions will be answered via email within 24 hours of receipt. Submittal Requirements Interested firms shall submit two (2) paper copies and one (1) electronic copy of the Park and Fire Impact Fee Update Statement of Qualifications to the below addresses. Both the paper copies and the email responses must be received by 5:00 pm PDT on Friday, July 28, 2017 to be considered. Faxed and/or late submittals will not be considered. Paper Copies: ATTN: Peggy McCarthy City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Electronic Copy: Peggy.McCarthy@TukwilaWA.gov Approximate Selection Timeline Request for Qualifications issued July 12, 2017 Statement of Qualifications Due July 28, 2017, 5:00 pm PDT Interviews for selected candidates August 1, 2017, 9:00 am to 5:00 pm PDT Selection August 1, 2017 Evaluation Criteria Each proposal will be independently analyzed by members of an evaluation team comprised of City's project team. The evaluation team may choose to interview top firms. Factors to be used in evaluating the proposals will include, but are not limited to: Page 4 of 12 1. Consultant's experience and demonstrated ability to provide the requested services. 2. Qualifications, skills, and applicable experience of Consultant and Consultant's team. 3. Quality and content of response. 4. Experience in working with similar organizations on similar projects. 5. References. Contract Terms See Attachment B for a draft of the Professional Services Agreement for the Park and Fire Impact Fee Update City Reservation of Rights 1. City reserves the right to reject any or all proposals, to waive any informality in the RFQ process, or to terminate the RFQ process at any time, if deemed by City to be in the organization's best interest. 2. City reserves the right not to award a contract pursuant to this RFQ. 3. City reserves the right to terminate a contract awarded pursuant to this RFQ at any time for convenience upon 10 days written notice to the selected consultant. 4. City reserves the right to retain all proposals submitted and not permit withdrawal of proposals for a period of 60 days subsequent to the deadline for receiving proposals. 5. City reserves the right to negotiate fees proposed by bidders pursuant to this RFQ. 6. City reserves the right to reject and not consider any proposal that does not meet the requirements of this RFQ, including but not limited to responses that are late, incomplete, or that offer alternate or non -requested services. 7. City shall have no obligation to compensate any Respondent to this RFQ for any costs incurred in responding to this RFQ. 8. City reserves the right to, at any time during the RFQ or contract process, prohibit any further participation by a bidder or Respondent or reject any proposal submitted that does not conform to any of the qualifications and services required detailed herein. 9. City reserves the right to terminate the engagement at any time if City learns or determines that respondent's activities, investments, or property ownership constitute a conflict of interest. Public Records The materials submitted in response to this RFP (including, but not limited to, written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof), may be subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW, or other applicable law. Copyrighted materials should be clearly marked with the copyright number. Nothing contained in this paragraph shall affect or modify the City's obligation to disclose public records under Chapter 42.56 RCW or other applicable law. Attachments Attachment A: Contact Information Form Attachment B: Draft Park and Fire Impact Fee Update Professional Services Agreement Page 5 of 12 ATTACHMENT A: CONSULTANT NAME: FIRM NAME: EIN#: CITY OF TUKWILA CONTACT INFORMATION FORM Fire and Park Impact Fee Update ADDRESS: PHONE NUMBER: FAX NUMBER: EMAIL ADDRESS: AUTHORIZED SIGNATURE: THIS PAGE MUST BE SIGNED BY A PERSON AUTHORIZED TO ACT FOR THE COMPANY IN HIS/HER OWN NAME. Page 6 of 12 ATTACHMENT B: CITY OF TUKWILA PROFESSIONAL SERVICES AGREEMENT - DRAFT THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and , 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 services in connection with the project titled Park and Fire Impact Fee Update. 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 March 31, 2018, 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, 2017 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 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. 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 Page 7of12 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: 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 at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an 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 at least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington._ Page 8of12 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 Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, 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 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. 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. Contractor, 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, Page 9 of 12 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. 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: 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. Page 10 of 12 DATED this day of , 20 CITY OF TUKWILA CONSULTANT By: Allan Ekberg, Mayor Attest/Authenticated: Printed Name: Title: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney Page 11 of 12 EXHIBIT A — SCOPE OF SERVICES Work will entail all aspects of fire and park impact fee development and update, including: 1. Review existing fire and park impact fee program. 2. Assist the City project future growth and estimate future costs for proposed fire and park projects intended to provide additional capacity for new growth. 3. Recommend changes in policy, fee calculation methodology and rate structure as necessary. 4. Document the study and recommendations. 5. Meet with key City staff. 6. Present project information and status updates to the Tukwila City Council. EXHIBIT B — FEE SCHEDULE Page 12 of 12