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HomeMy WebLinkAbout20-062 - ECONorthwest - Transit-Oriented Development (TOD) Housing Strategies Plan' up,vsignEnvelope ID: 1-9A00+4F15BEEEoeC6 ����^vx� "�"�� Tukwila Contract Number: 20-062 Council Approval 7/6/20 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 Chv^. and ECONmrthvveet, hereinafter referred to as "the Conau|bant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PmmiectDemicinakion- The Consultant imretained bythe City boperform p|enninqservices in connection with the project titled Transit -Oriented Development Houoinq Stnateqiam Plan. 2. Scope of Services. The Consultant agrees to perform the aervioen, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Aqnmenment; Time for Performance. This Agreement shall bainfull force and effect for o period commencing upon execution and ending June 30. 2021' unless sooner terminated under the provisions hereinafter specified. Work under this Agreement mhoU commence upon written notice by the City to the Consultant to proceed. The Consultant mhmU pedbmn all services and provide all work product required pursuant tothis Agreement nolater than June 30.2021 unless anextension ofsuch time iegranted inwriting bythe City. 4. Pavmmemt' The Consultant shall be paid by the City for completed work and for services rendered under this Agreement oofollows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B^ attached hereto, provided that the total amount cfpayment 10 the Consultant ehoU 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 bythe Department ofCommerce. Such vouchers will bechecked bythe City and, upon approval thereof, payment shall be made 10the Consultant inthe 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 benot 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. O. Payment as provided in this section ohm|| be full compensation for work performed, mon/iceo nandorad, and for all rnaLeria|o, aupp|iae, equipment and incidentals necessary tocomplete the work. E. The Consultant's records and 0000unia pertaining to this Agreement are to be kept available for inspection by rapnaeen[obvaa of the City and the gbaUa of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. DocuS:gn Envelope ID: 57606089-D 7-4371-9A66-AF15BEEED8C6 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. 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 $2,000,000 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 underthe 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 2 DociAign Envelope ID: 576060B 7 71-9A66-AF15BEEED8C6 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 liability policy with limits of $5,000,000 per occurrence and in the aggregate. 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 subcontractorscoverage. 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. 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 Page 3 DoctiSign Envelope JD: 57606089-D587 371-9A66-AF15BEEED806 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: ECONorthwest 222 Southwest Columbia, Suite 1600 Portland, OR 97201 Page 4 ' DocuSign Envelope ID: 576060B9-0587-4371-9A66-AF1 EEED8C6 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 5 DocuSign Envelope ID: 576060B9-D587 4371-9A&6-AF15BEEED8C6 DATED this 27th day of July , 2020 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Attest/Authenticated: ( hh.e (T % (eth&t r-J City Clerk, Christy O'Flaherty By: �DocuSigned by: jimAirk tAA, 7/13/2020 �P31DC "r 4D9 e©rel'ei Juntunen Printed Name: Title: Partner Approved as to Form: Oficeaf #tie"+Glty Attorney Page 6 EXHIBIT Scope of Work Tmok1: PublUcInvolvement *oShape 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. w Community outreach will take a variety of forms, in order to best capture representative feedback. Options include: o On|ine/wdttensumeys o One-on-one interviews o Focus groups o Public meeting inT|8community p Create outreach and education materials for the groups mentioned above as well as for City Council. o Indudescontent for we6site. o City mfTukwila will provide support for trainslation/interpretation for materials and meetings. Task I Deliverable: Public Involvement Plan and Summary Memo prepared in Microsoft Word. We will prepare adraft memo tosolicit feedback, and will incorporate the final text into the Task 4complete Task 2: Assessment 0LHousing Policy Framework The assessment task will evaluate and summarize all available goaUs,policies, and data that impacts the Tl8 station area. The assessment taskwiUI1zioosmmmarizeanevaKumtionmfzoning, 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 toadvance the City goals and community desired outcomes ofthe T|Bstation area. Specific actions inthis task Include: * Review and evaluate available data, goals and policies onthe T|Barea, inc|uldimQ: o Tukwila's Comprehensive Plan Elements and Background Reports on Housing and the Tukwila International Boulevard District o PSRC'5 Growing Transit Communities document about the Tukwila International Boulevard t ra nsit com rn u n ity. 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 cod:e revisions prepared by Placemakers for the TIB area. o Evaluate existing and proposed multifam,ily design guidelines and suggest revisions that lead tobetter p|acenoakimgand outcomes for community members. ° Review and evaluate existing development incentives o Document and assess the effectiveness ofthe current tools and incentives the City uses to encourage housing such as multi -family tax exemption and opportunity zones. • Review theexisting planning policies impacting housing and evaluate their successes at achieving their goals, such as: • The Clty'sComprehensive Plan Elements onHousing o PSR['oGrowing Transit Communities Document Envelope 57606q8-0587 EEEDaCn Task Deliverable: Assessment & Housing Policy Framework Memo prepared in Microsoft Word. Wewill prepare a draft memo to solicit feedback, and will incorporate the final text into the Task 4 complete strategy. Tesh$; Opportunities, Barriers, and Displacement Mitigation Report This task will identify policy, regulatory, and program strategies to advance the City goals and community desired' out comes of the TIB station area, including strategies to mitigate displacement that might occur from new development inthe 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 byregional transportation facilitates. o Encourage higher density residential development inTukvvDa'yTDDarea. o Support and compliment City development standards o Identify tools and incentives tosupport 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 whi|e preservingaffordabi|ityofhous|n8. m Tools and strategies to preservation of existing affordable housing and the development of new rent -regulated affordable housing. Task Deliverable: Opportunities, Barriers, and Displacement Mitigation Report prepared in Microsoft Word. VVewill prepare adraft report tosolicit feedback, and will incorporate the final text into the Task 4complete stnategy. Task 4:Transit-Orent*d Development Housing Strategies Plan This task will summarize all work from previous tasks in a final Tranisit-Oriented Development Housing Strategies Plan for the TIB station airea. This strategy will include recommendations that advance City and community goals for increased residential' development, enhanced community stability, and growth accommodation inthe T|8station area. This strategy can serve asa roadmapfor the City mfTukwila 10 identify clear path forward toimplement the goals and policies in the Housing Element and the Comprehensive Plan. Task 4Deliverable: Final Transit -Oriented Development Housing Strategies Plan. The plan will bmprepared in ' Ddcueign Envelope ID: 57606099-D587-4371-9A66-AF15BEEED8C6 EXHIBIT B 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 Page 9