HomeMy WebLinkAboutReg 2020-07-06 Item 4C - Agreement - Transit Oriented Housing Strategies Plan wiht ECONorthwest for $80,000 (Grant Funds)COUNCIL AGENDA SYNOPSIS
----------------------------------Initials
Meeting Date
Prepared by
Mayor's review
Council review
07/06/20
MS
ITEM INFORMATION
ITEM NO.
4.C.
STAFF SPONSOR: MEREDITH SAMPSON
ORIGINAL AGENDA DATE: 07/06/20
AGENDA ITEM TITLE Approval of a Contract for use of grant funds from the Dept. of Commerce through HB
1923.
CATEGORY ® Discussion
Mtg Date
® Motion
Mtg Date 07106120
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PbV ❑Court
SPONSOR'S Staff is seeking Council approval to authorize the Mayor to sign a professional services
SUMMARY contract with ECONorthwest for $80,000 to prepare Tukwila's Transit Oriented
Development (TOD) Housing Strategies Plan. A grant from the WA Department of
Commerce through HB 1923 will be used to fund the work.
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ® Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 6115120 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward Contract to 07/06/20 Regular Consent
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $80,000 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/06/20
MTG. DATE
ATTACHMENTS
07/06/20
Informational Memo dated 6/15/20
Draft Contract with ECONorthwest (updated in strike-thru underlined)
Minutes from the 06/15/20 PED Committee
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Economic Development Committee
FROM: Minnie Dhaliwal, Deputy Director of Community Development
BY: Meredith Sampson, Associate Planner
CC: Mayor Ekberg
DATE: June 15, 2020
SUBJECT: An update on House Bill (HB) 1923: Transit Oriented Development Housing
Strategies Plan, Scope of Work, and Contract
ISSUE
Staff is seeking Council approval to authorize the Mayor to sign a professional services contract
with ECONorthwest for $80,000 to prepare Tukwila's Transit Oriented Development (TOD)
Housing Strategies Plan. A grant from the WA Department of Commerce through HB 1923 will
be used to fund the work.
BACKGROUND
The State legislature passed HB 1923 providing $5 million in grant opportunities to increase
residential building capacity in Washington communities with awards up to $100,000 per
jurisdiction. The goal of a housing plan developed using this funding source "must be to
encourage construction of additional affordable and market rate housing in a greater variety of
housing types and at prices that are accessible to a greater variety of incomes, including
strategies aimed at the for -profit single-family home market."
Staff applied for the grant at the end of September 2019 after receiving approval to move
forward by the Community Development and Neighborhoods (CDN) Committee, and the City
was awarded the full $100,000. Council approved and authorized the Mayor to sign an
Interagency Agreement with the WA Department of Commerce to accept grant funding at the
December 2, 2019 Regular Meeting.
Tukwila's scope of work with WA Dept. of Commerce outlines how the $100,000 in grant funds
is allocated:
$20,000 - Preparing a sub -regional framework, which will help cities understand the
housing stock and housing needs in south king county. This portion of the grant award
will be pooled with Auburn, Burien, Federal Way, Kent, and Renton, and each City is
contributing grant funds towards this effort.
$80,000 - Funding the TOD Housing Strategies Plan for Tukwila:
o review and evaluation of the Tukwila's existing housing documents
o an assessment of barriers and strategies to encourage higher density
development in the TOD zone (see attached Figure 1)
o consideration of strategies to minimize displacement in the TOD zone
o a robust public engagement process throughout the planning effort
o and the incorporation of findings into a Transit -Oriented Development Housing
Strategies Plan
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INFORMATIONAL MEMO
Page 2
DISCUSSION
ECONorthwest was selected to prepare the TOD Housing Strategies Plan for Tukwila within
areas one-half mile from the Tukwila International Boulevard Station. The following summarizes
the draft scope of work for the project contained in the attached contract for services with
ECONorthwest:
• Task 1: Public Involvement to Shape and Inform Proposed Strategies
o Building on the established community vision, and housing work done in 2017,
conduct outreach to local apartment owners, developers, real estate agents,
nonprofit housing advocates, and local community and religious groups about
housing barriers and opportunities.
o Community outreach will take a variety of forms in order to best capture
representative feedback.
o Create outreach and education materials.
Task 2: Assessment & Housing Policy Framework
o The assessment task will evaluate and summarize all available goals, policies,
and data that impacts the TIB station area. The assessment task will also
summarize an evaluation of zoning, development standards, and design
standards to identify barriers to supporting TOD, accommodating future growth,
and realizing community identified outcomes. The Housing Policy Framework will
identify policy, regulatory, and program interventions to advance the City goals
and community desired outcomes of the TIB station area.
• Task 3: Opportunities, Barriers, and Displacement Mitigation report
o This task will identify policy, regulatory, and program strategies to advance the
City goals and community desired outcomes of the TIB station area, including
strategies to mitigate displacement that might occur from new development in the
area.
• Task 4: Transit -Oriented Development Housing Strategies Plan
o This task will summarize all work from previous tasks in a final Transit -Oriented
Development Housing Strategies Plan for the TIB station area. This strategy will
include recommendations that advance City and community goals for increased
residential development, enhanced community stability, and growth
accommodation in the TIB station area. This strategy can serve as a roadmap for
the City of Tukwila to identify a clear path forward to implement the goals and
policies in the Housing Element and the Comprehensive Plan.
o The plan must obtain City Council approval by April 2021.
FINANCIAL IMPACT
Grant funded. No financial match needed. Staff time will be needed to manage the grant.
RECOMMENDATION
Forward this item directly to the Consent Agenda of the July 6, 2020 Regular Meeting. This
action will authorize the Mayor to sign a Professional Services Agreement with ECONorthwest
through June 2021 for $80,000 to fund the preparation of the TOD Housing Strategies Plan.
ATTACHMENT
Draft contract with ECONorthwest
14 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/HB 1923_PED 6-15-20/HB 1923 JUNE 2020 MEMO.docx
Contract Number:
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
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 ECONorthwest, 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 Transit -Oriented Development Housing Strategies Plan.
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 June 30, 2021, 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 June 30, 2021 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 $80,000 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City following the acceptance of each
deliverable by the Department of Commerce. Such vouchers will be checked by the City
and, upon approval thereof, payment shall be made to the Consultant in the amount
approved. Deliverables and invoices from the City shall be submitted to Commerce for
acceptance and grant payment not more often than quarterly. Payment to Consultant will
consequently similarly be not more often than quarterly.
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.
{DPK2164945.DOC;2/13175.000001/ }
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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 $12,000,000 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 endorsement form CG 20 26.
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3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
5. Excess Umbrella habili . policy with limits of $5,000,000 per occurrence and in
the auureuate.
4.6. Franchisee may use any combination of primary and excess coverage to meet
required total limits.
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 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. 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.
F. 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.
G. 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.
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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.
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:
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ECONorthwest
222 Southwest Columbia, Suite 1600
Portland, OR 97201
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.
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DATED this
CITY OF TUKWILA
Allan Ekberg, Mayor
Attest/Authenticated:
City Clerk, Christy O'Flaherty
day of
, 20
CONSULTANT
By:
Printed Name:
Title:
Approved as to Form:
Office of the City Attorney
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EXHIBIT A
Scope of Work
Task 1: Public Involvement to Shape and Inform Proposed Strategies
• Building on the established community vision, and work done in 2017, conduct outreach to local
apartment owners, developers, real estate agents, nonprofit housing advocates, and local
community and religious groups about housing barriers and opportunities.
• Community outreach will take a variety of forms, in order to best capture representative feedback.
Options include:
o Online/written surveys
o One-on-one interviews
o Focus groups
o Public meeting in TIB community
Create outreach and education materials for the groups mentioned above as well as for City Council.
o Includes content for website.
o City of Tukwila will provide support for translation/interpretation for materials and meetings.
Task 1 Deliverable: Public Involvement Plan and Summary Memo prepared in Microsoft Word. We will
prepare a draft memo to solicit feedback, and will incorporate the final text into the Task 4 complete
strategy.
Task 2: Assessment & Housing Policy Framework
The assessment task will evaluate and summarize all available goals, policies, and data that impacts the TIB
station area. The assessment task will also summarize an evaluation of zoning, development standards, and
design standards to identify barriers to supporting TOD, accommodating future growth, and realizing
community identified outcomes. The Housing Policy Framework will identify policy, regulatory, and program
interventions to advance the City goals and community desired outcomes of the TIB station area.
Specific actions in this task include:
• Review and evaluate available data, goals and policies on the TIB area, including:
o Tukwila's Comprehensive Plan Elements and Background Reports on Housing and the
Tukwila International Boulevard District
o PSRC's Growing Transit Communities document about the Tukwila International Boulevard
transit community.
o Other relevant data, goals, and policies
Review and evaluate existing and proposed zoning, development standards, and design standards
o Assess existing and proposed development standards, including recreation space and parking
requirements for multifamily development.
o Review draft zoning code revisions prepared by Placemakers for the TIB area.
o Evaluate existing and proposed multifamily design guidelines and suggest revisions that lead
to better placemaking and outcomes for community members.
Review and evaluate existing development incentives
o Document and assess the effectiveness of the current tools and incentives the City uses to
encourage housing such as multi -family tax exemption and opportunity zones.
Review the existing planning policies impacting housing and evaluate their successes at achieving
their goals, such as:
o The City's Comprehensive Plan Elements on Housing
o PSRC's Growing Transit Communities Document
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Task 2 Deliverable: Assessment & Housing Policy Framework Memo prepared in Microsoft Word. We will
prepare a draft memo to solicit feedback, and will incorporate the final text into the Task 4 complete
strategy.
Task 3: Opportunities, Barriers, and Displacement Mitigation Report
This task will identify policy, regulatory, and program strategies to advance the City goals and community
desired outcomes of the TIB station area, including strategies to mitigate displacement that might occur from
new development in the area. Specific tasks will include:
• Identify opportunities to
o Build off public sector transit and infrastructure investments of the TIB LINK light rail station
and the future 1-405 Bus Rapid Transit (BRT) station. This will evaluate the development and
placemaking opportunities to knit together segments of the station area that are fragmented
by regional transportation facilitates.
o Encourage higher density residential development in Tukwila's TOD area.
o Support and compliment City development standards
o Identify tools and incentives to support parcel assembly
o Identify opportunities to increase rates of homeownership, e.g. co -housing, townhomes,
condominiums
Identify strategies to minimize displacement and support community stability in the station area,
such as:
o Small business development and entrepreneurship supports for future mixed -use and
commercial development along Tukwila International Boulevard.
o Incentives and resources property owners can use to rehabilitate and maintain properties
while preserving affordability of housing.
o Tools and strategies to preservation of existing affordable housing and the development of
new rent -regulated affordable housing.
Task 3 Deliverable: Opportunities, Barriers, and Displacement Mitigation Report prepared in Microsoft Word.
We will prepare a draft report to solicit feedback, and will incorporate the final text into the Task 4 complete
strategy.
Task 4: Transit -Oriented Development Housing Strategies Plan
This task will summarize all work from previous tasks in a final Transit -Oriented Development Housing
Strategies Plan for the TIB station area. This strategy will include recommendations that advance City and
community goals for increased residential development, enhanced community stability, and growth
accommodation in the TIB station area. This strategy can serve as a roadmap for the City of Tukwila to
identify a clear path forward to implement the goals and policies in the Housing Element and the
Comprehensive Plan.
Task 4 Deliverable: Final Transit -Oriented Development Housing Strategies Plan. The plan will be prepared in
Microsoft word. We will prepare a draft and final memo with one round of review.
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Hourly Rates from ECONorthwest
Project Director - $195 - $250
Project Manager - $135 - $145
Technical Manager I - $120
Technical Manager II - $135 - $150
Associate - $120
Senior Research Analyst - $105
Research Analyst - $80 - $95
Clerical - $55
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m City of Tu I
City Council Planning & Economic Development Committee
Meeting Minutes
June 15, 2020 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Thomas McLeod, Kathy Hougardy, Zak Idan
Staff Present: Derek Speck, Laurel Humphrey, Rachel Bianchi, Minnie Dhaliwal, Meredith
Sampson, Brandon Miles
Guest. Angela San Filippo, South King Housing & Homelessness Partners
Chair McLeod called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. South King Housing & Homelessness Partners Progress Report & Work Plan
Ms. Filippo presented the progress report and draft 2021-2022 work plan.
Questions requiring follow-up
• Explore use of City -owned property for development of affordable housing as a potential
priority
Committee Recommendation
Forward to June 22, 2020 Committee of the Whole.
B. Grant Acceptance: Transit Oriented Development Housine Strategies Plan
Staff is seeking Council approval of a contract with ECONorthwest to accept $80,000 for
preparation of Tukwila's Transit Oriented Development Housing Strategies Plan. Funding is
through the Department of Commerce HB 1923 opportunity.
Questions requiring follow-up
• Return to Committee with the public involvement plan defined in Task 1
Committee Recommendation
Unanimous approval. Forward to July 6, 2020 Regular Consent Agenda.
C. Lodging Tax Funding- Application: City of Tukwila
Staff is seeking Council decision on a funding request from the City of Tukwila for $104,170.00
for the SavingLocalKC.com campaign.
Committee Recommendation
Unanimous approval. Forward to June 15, 2020 Regular Consent Agenda.
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