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HomeMy WebLinkAbout18-208 - Rick Williams Consulting - Parking Demand Analysis for Affordable Multi-Family HousingCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 18-208(a) Council Approval N/A CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Rick Williams Consulting That portion of Contract No. 18-208 between the City of Tukwila and Rick Williams Consulting, is hereby amended as follows: Section 3: Duration of Agreement; Time for Perfomance. This agreement shall be in full force and effect for a period commencing upon execution and ending February 28, 2019, 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 January 31, 2019 unless an extension of such time is granted in writing by the City. All other provisions of the contract shall remain in full force and effect. Dated this 1 ! day of CIT . OF TUKWILA ,20/ CONTRACTOR Jac Pace, Director DCD Printed Name: Rick Williams I 5 4-- 3 02 0 (5 () e. (s CA Revised December 2016 Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 18-208 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and ROP Consulting, Inc. (dba) Rick Williams Consulting hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation. The Consultant is retained by the City to perform Parking Consulting services in connection with the project titled Parking Demand Analysis — Affordable Multi- family Housing. 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 January 31, 2019, 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, 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 "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $6,500 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 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. CA revised December 2016 Page 2 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, 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. CA revised December 2016 Page 3 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: Rick Williams Rick Williams Consulting PO Box 12546 Portland, OR 97212 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 December 2016 Page 4 DATED this day of , '7-7 CITY OF TUKWILA CONSULTANT _ r ,tea k Ct !7 i re.c-4or -e . 04 eDrvtMuni .I, CA revised December 2016 By: Printed Name: Rick Williams Title: President Approved as to Form: Page 5 RICK WILLIAMS CONSULTING Exhibit A TUKWILA PARKING DEMAND REVIEW FOR MULTI -FAMILY AFFORDABLE HOUSING DEVELOPMENT Proposed Scope of Work (November 13, 2018) A. Background The City of Tukwila is looking to complete a review of parking demand for multi -family affordable housing development. This study intends to measure actual peak parking demand from a representative sample of affordable housing properties located in the Tukwila area and King County. This will provide an objective look at the relationship between existing code requirements for the number of stalls actually built and number of vehicles actually parked (factored for occupied residential units). Use of local data provides the most realistic and accurate approach for assessing current parking demand across a range of multi -family types (e.g., number of units and geographic distribution). Outputs of the study will be contrasted to existing requirements; providing insights that could be used to inform future land use discussions. The consultant proposes a not -to -exceed budget of $6,500. A detailed breakout of the budget is provided at the end of this document. B. Scope of Work Task 1: Inventory Preparation and Data Collection Route Mapping. • Consultant will review background materials and current code requirements as provided by the City. • A sample of up to 10 multi -family residential sites will be assembled for evaluation. Care will be taken to account for size of development and geographic distribution of sites to support a representative sample. • The Consultant will work with the City in the assembly of sites and necessary information about the sites necessary to conduct the demand analysis. This may require outreach by the City to owners of targeted sites. • Route maps will be developed for use by RWC's data collection surveyor. Deliverable: Final site list and data collection route maps. Task 2: Data Collection/Analysis - Multifamily Parking Demand Evaluate up to ten (10) multifamily developments for parking demand. The city will provide the ten locations. Information regarding the sites (to be provided by City) would include: 1 General info • Current code minimums for multi -family residential (affordable housing) • Outreach to property owners/managers to notify them about the project and garnering necessary permissions for consultant to access sites. By site info • Site name • Address • Number of units built • Number of occupied units • number of bedrooms, (?) • % AMI units and range i.e. 30, 50, 60, 80. • Number of parking stalls required (assuming current code standards) • number of parking stalls actually built • cost of parking bundled into rent • Permissions (if possible) to collect parking data on site The consultant will conduct two (2) separate data collection efforts for each site. • One weekday (Tuesday, Wednesday, or Thursday) count of peak hour parking for each site. Peak residential demand is assumed to be between the hours of 2:00 AM and 5:00 AM. • One Saturday count of peak hour parking for each site. Peak residential demand is assumed to be between the hours of 2:00 AM and 5:00 AM. • Data collection field staff will be cognizant of any on -street parking that might occur on block faces adjacent to each surveyed site. The consultant will enter all collected occupancy data for each site and survey day into an analytical data base. Data will be analyzed to determine actual parking demand by site. Parking demand to be represented as a correlation between vehicles parked and actual occupied residential units. Deliverable: Data Summary Sheets Task 3: Summary Report/Findings The consultant will prepare: • A Draft Report summarizing findings from the demand analysis. The Draft Report will be submitted to City staff for review and input. Findings will include: o Actual parking demand by site. o Consolidated parking demand for all sites. o Comparison of actual demand to current code demand. 2 • A conference call with consultant and City staff to review Draft Report and consider changes/revisions. • Final Report (revised to include inputs and revisions from City staff) Deliverables - Draft Report - Final Report C. Schedule All work to be completed by December 31, 2018. 3 Draft: Proposed Budget Exhibit B 4 Williams Rond,elli Collins W. Reynolds M. Vasbinder J. Williams Blair Daly Rate Project Lead Senior Associate Associate Associate Field Foreman Field Foreman / Data Specialist Field Surveyor/Tech Support Amount per Deliverable $180 $150 $130 $130 $60 $60 $45 Total Expenses Total Task Cost Task 1: Inventory Preparation and Data 2 - - - 3 - - 5 $ - $ 540.00 Task 2: Data Collection/Data Analysis 0 4 3 0 3 8 24 42 $ 107.00 $ 2,837.00 Task 3: Technical Memorandum: Summary Report/Findings 2 10 4.5 4 0 4 4 / 29 $ - $ 3,125.00 Total Hours 4 14 8 4 6 12 28 76 Total Cost $720.00 $2,100.00 $975.00 $520.00 $360.00 $720.00 $1,260.00 $ 107.00 $6,502.00 Task 1: Inventory Preparation and Data 1.a Review background materials supplied by client2 0 0 0 0 0 0 2 $ - $ 360.00 1.6 Deliverable: Data collection route maps and database0 0 0 0 3 0 0 3 $ - $ 180.00 Subtotal Hours & Costs 2 - - 3 - - 5 $ - $ 540.00 Task 2: Data Collection/Data Analysis 2.a. Weekday occupancy counts: Multi -family residential (up to 10 sites) 0 0 0 0 0 0 12 12 $ 53.50 $ 593.50 2.b. Weekend occupancy counts: Multi -family residential (up to 10 sites) 0 0 0 0 0 0 12 12 $ 53.50 $ 593.50 2.c. Data entry0 0 0 0 3 0 0 3 $ - $ 180.00 2.d. Deliverable: Data analysis - Data summary sheets 0 43 0 0 8 0 15 $ - $ 1,470.00 Subtotal Hours & Cost 0 4 3 0 3 8 24 42 $ 107.00 $ 2,837.00 Task 3: Tedtnical Memorandum: Summary Report/Findings 3.a.Deliverable- Draft demand analysis memo (submit to client) 0 8 2.5 2 0 4 4 20.5 $ - $ 2,205.00 3. b.Conference call with staff to review and refine memo per input from staff. s 2 2 0 0 0 0 0 4- $ $ 660.00 3.c. Deliverable- Final Report: Parking Demand Findings for Multi -Family Developments 0 0 2 2 0 0 0 4- $ $ 260.00 Subtotal Hours & Cost 2 10 4.5 4 0 4 4 28.5 $ - $ 3,125.00 4