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HomeMy WebLinkAbout17-162 - LDC Inc - Sub-Area Plan for Ryan Hill Neighborhood StudyCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 17-162 Contract Appoval N/A CONSULTANT AGREEMENT FOR PLANNING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and LDC, INC., 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 PLANNING services in connection with the project titled RYAN HILL NEIGHBORHOOD STUDY . 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 SEPTEMBER 06, 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 APRIL 31, 2018 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 "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed THIRTY-NINE THOUSAND, NINE -HUNDRED AND FIFTY DOLLARS ($39,950) 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 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 Tess than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised : 1-2013 Page 2 4. Professional Liability with limits no Tess 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 Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 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. 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 or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA revised : 1-2013 Page 3 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 attomey'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: 20210 142ND AVENUE NE WOODINVILLE, WA 98072 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. CA revised : 1-2013 Page 4 DATED this 15 day of StPI YI YR , 20 I-7 CITY 0 Allan g, Mayor Attest/Authenticated: CONSULTANT Printed Name: C) 1 -A --AA-` tk-q Title: Pr, nc p l Pt & nJ,1 Approved as to Form: CitKlerk, Christy O'Flaherty Office of the City Attorney CA revised : 1-2013 Page 5 LDC Exhibit A September 6, 2017 Attn: Jack Pace Tukwila Department of Community Development Director 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 RE: 17-100 PROPOSAL FOR RYAN HILL NEIGHBORHOOD STUDY Dear Mr. Pace: Surveying Engineering Planning Land Development Consultants, Inc. (LDC) is committed to quality, responsive and cost-effective services in any endeavor we undertake. This commitment enables us to obtain optimum bottom line results for our clients. To this end, LDC is pleased to submit the following proposal for the Ryan Hill Neighborhood Study. BACKGROUND The Ryan Hill neighborhood has remained relatively unchanged for the past 30 years. The neighborhood mostly consists of single family detached homes with a small amount of commercial and multi -family housing. Recently, however, there has been some interest in development/redevelopment within the area. The City wishes to take a comprehensive look at options for the neighborhood as a whole before piecemeal development takes place. The area has challenges such as homes on septic systems, lack of open space/parks, utilities need to be planned to align with the zoning, and critical areas, including a large area containing critical slopes. The project objective is to develop at least three land use options for the City of Tukwila to consider. Each option will evaluate infrastructure costs, pros/cons, and issues to address to make the options successful for the city. These options will be vetted through the Community Development Department and City Council. This project also includes efforts to reach out to and engage the Ryan Hill Community. The following set of tasks is based on the Draft Request for Proposals developed by the City of Tukwila. The timeline for this project is condensed and therefore each set of tasks is set up to recognize the need for this project to move quickly. All timelines associated with each task are also based upon assumptions that city staff will be able to meet and review materials in a timely manner. Planning Services Phase 01 - Initial Stakeholder Input/Project Research Task 01 - Stakeholder Meetings/Preparation $2,700 Task 02 - Code/Policy/Plan Research $6,900 Total: $9,600 Engineering ABOVE the Standard Phase 02 - Draft Development Options Task 03 - Preparation of Draft Development Options $11,900 Task 04 - Coordination with City Staff/COW $1,800 Task 05 - Development Options Refinement $3,800 Total: $17,500 Phase 03 - Public Outreach/Engagement on Development Options Task 06 - Material Prep/Public Outreach/Open Houses $4,100 Task 07 - Integration of Public Input into Development Options $2,800 Task 08 - Coordination with City Staff/COW $1,500 Task 09 - Presentation/Material Prep to COW and Council $3,400 Task 10 - Outline Steps/Path Forward for Preferred Option $1,050 Total: $12,850 Full Project Proposal Total - $39,950 Phase 01 - Initial Stakeholder Input/Project Research TASK 01 - STAKEHOLDER MEETINGS/PREPARATION This task will include: • Kickoff meeting with Community Development staff; • Develop key questions for information gathering with City Departments/Agencies; and • Meetings with key groups such as Community Development, Fire, Police, Public Works, Parks Et Recreation, Traffic, City of Seattle EMS/Fire, and City of Seattle Water to gain key insights and information on the study area and to understand important issues in serving the Ryan Hill Neighborhood. FIXED FEE: $2, 700 (TASK 01) TASK ASSUMPTIONS & DELIVERABLES: • This task includes up to two in-person meetings. Goal would be to work with City staff to group meetings together as much as possible. • A summary of the input received from each of the stakeholder interviews, along with identified critical elements, will be provided. • City staff will provide LDC with requested information from various departments TASK 02 - CODE/POLICY/PLAN RESEARCH This task will include: • Research key plans and codes that are instrumental in developing draft options for consideration. Review of codes and policies will help with the framing and drafting of possible land use options for the area and will identify possible barriers. These include, but are not limited to, the following: o 2017-2022 Financial Planning Model and Capital Improvement Program for water and sewer projects; o Fire Code; o Unified Development Code; o 2014 Parks, Recreation, and Open Space Plan; Engineering ABOVE the Standard LDC, Inc. • Surveying * Engineering • Planning • www.LDCcorp.com o Impact Fees and other financing options used by the City; o Comprehensive Plan; and o Transportation and Transit Plans. FIXED FEE: $6,900 (TASK 02) TASK ASSUMPTIONS £t DELIVERABLES: • This task includes approximately 40 hours of time. • A summary of barriers, issues, planned capital projects, and other key findings identified under this task will be provided for Community Development input and feedback. • City staff will provide copies of all relevant codes/policies that should be incorporated into study at the earliest possible time. Phase 02 - Draft Development Options TASK 03 - PREPARATION OF DRAFT DEVELOPMENT OPTIONS Based on the input, research, analysis and assessments completed as part of Phase 01 tasks, at least three draft land use scenarios will be developed for Community Development consideration, along with cost estimates associated with the scenarios. These three draft scenarios, and their potential cost implications, are intended to be a preliminary overview of findings from which scenario refinement and detailed assessment can take place. The three development scenarios for discussion will include the following information: • Existing ownership; • Land use and subdivision patterns; • Potential best use of blocks both in terms of layout and size within the area given environmental constraints; • Land use regulations - existing and draft recommendations for each option; • Street improvements needed to meet City standards including street width and street connectivity to support the different development options; • Need for other municipal infrastructure, services, and programs, such as water, sewer, and storm improvements - we will need guidance from City of Tukwila departments, including Public Works, in preparing this information; • Planning -level infrastructure improvement costs required for different development scenarios - we will need guidance from City of Tukwila departments in preparing this information/estimating costs and will utilize existing Capital Improvement Program; • Draft assessment of financing options such as LID, Impact Fees, permit fees, latecomer agreements, and other identified possibilities for discussion with Community Development; and • Table outlining draft pros, cons, and concerns with each of the three scenarios. FIXED FEE: $11,900 (TASK 03) ,ineerin• ABOVE the Standard • LDC, Inc. • Surveying • Engineering • Planning • www.LDCcorp.com TASK ASSUMPTIONS & DELIVERABLES: • Timelines for this Task will depend on availability of City staff in order to obtain information in a timely manner. • Three different land use scenarios that provide various alternatives for development and consider existing conditions, barriers, stakeholder input, planned projects, high- level infrastructure deficiencies and preliminary cost implications associated with each. • Land use scenarios provided will be planning level draft options. TASK 04 - COORDINATION WITH CITY STAFF/COW This task will include: • Coordination/Meetings with City staff to obtain information/coordinate during development of draft options. • Review draft options framework with City staff/coordinate on additional information/changes requested. FIXED FEE: $1,800 (TASK 04) TASK ASSUMPTIONS: • Timelines for this Task will depend on availability of City staff in order to obtain information in a timely manner. • Approximately 12 hours of coordination time has been allocated for this task with one in person meeting. TASK 05 - DEVELOPMENT OPTIONS REFINEMENT This task will include: • After meeting with Community Development staff, this task will include refinement of the draft development options. FIXED FEE: 3,800 (TASK 05) TASK ASSUMPTIONS & DELIVERABLES: • This task includes one set of changes after City review and one minor set of follow up changes. • A draft report containing background information, existing conditions, three refined public -ready development scenarios, and a land use scenario comparison table that evaluates the costs associated with each of the three scenarios on a per unit basis. • Any refinements to the draft report does not include review of new information not provided during draft development options phase. Phase 03 - Public Outreach/Engagement on Development Options TASK 06 - MATERIAL PREP/PUBLIC OUTREACH/OPEN HOUSES This task will include: • Create an on-line survey for public comment and feedback for hosting on the City's website; Engineering ABOVE the Standard LDC, Inc. • Surveying * Engineering • Planning • www.LDCcorp.com • Prepare reporter article in coordination with Community Development staff; • Prepare information that the City can include on its website including information for the two open houses; • Creation of a flyer for all property owners and tenants in subject area; • Conduct two open houses - one evening and one weekend; • Prepare materials for open house. FIXED FEE: $4,100 (TASK 06) TASK ASSUMPTIONS: • This does not include costs for advertising public meetings or preparing mailing lists. • The City will be responsible for obtaining meeting locations. • This task includes 18 hours of time to create materials for open house, flyer, article, and website information. We will want to prioritize this task with City staff to best utilize time so that we have a great public participation process. TASK 07 - INTERGRATION OF PUBLIC INPUT INTO OPTIONS FRAMEWORK This task will include: • Integration of information gathered as part of the two open houses into the draft options framework. A section of the report will be provided to include public feedback as it relates to the three developed options. FIXED FEE: $2,800 (TASK 07) TASK ASSUMPTIONS: • Coordination with City staff will be conducted under Task 08. Coordination with city staff to take place via phone should coordination dollars be used earlier in the process. TASK 08 - COORDINATION WITH CITY STAFF/COW This task will include: • Coordination with City staff/departments to match up the information obtained from the neighborhood and integrate it into the draft framework. FIXED FEE: $1,500 (TASK 08) TASK ASSUMPTIONS: • Approximately 10 hours of coordination time has been allocated for this task. TASK 09 - PRESENTATION/MATERIAL PREP TO COW AND COUNCIL This task will include: • Prepare City Council Committee review and recommendation; • Obtain COW approval and recommendations; • Prepare draft staff report and recommendation for Planning Commission work session and Public Hearing; • Prepare Binder for City Council COW review, public hearing, and decision; and Engineering ABOVE the Standard LDC, Inc. • Surveying • Engineering • Planning • www.LDCcorp.com • Attendance at meetings. FIXED FEE: $3,400 (TASK 09) TASK ASSUMPTIONS: • This task includes attendance at up to 2 meetings with committees, and council. TASK 10 - OUTLINE STEPS/PATH FORWARD FOR PREFERED OPTION This task will include: • Based upon City of Tukwila recommendations, this task will address next steps, tasks, short term code/policy changes necessary to move the process forward. FIXED FEE: $1, 050(TASK 10) TASK ASSUMPTIONS: • This task includes approximately 8 hours of time. SUMMARY Consultant will mail monthly invoices in Consultant's standard format reflecting all current charges to Client. Invoices are due when received by client and must be paid within 20 days of invoice date. Any unpaid invoices are deemed to be correct and binding on Client unless Client provides Consultant written notification of specific objections within 20 days of the date of invoice. Preparation of additional documentation for invoiced charges when request by the Client shall be deemed Additional Services approved upon request. In the event that the Client fails to pay within 30 days after the invoice is rendered, the Consultant shall, at its sole discretion, have the right to terminate this agreement without liability on the part of the Consultant. In such case, the Client will pay for all fees, charges and services performed by the Consultant up to the date of termination. We ask that you review this proposal thoroughly. Should you find our proposal acceptable, please sign the proposal, retain one for your records, and return the other to this office. We are ready to begin work immediately upon your written notice to proceed. Thank you for the opportunity to propose on this project. We look forward to hearing from you shortly. Regards, LDC, Inc. Clay White Principal Planner n i neeri n ABOVE the Standard LDC, Inc. • Surveying * Engineering • Planning • www.LDCcorp.com