Loading...
HomeMy WebLinkAbout24-113 - CAST Architecture PLLC - Tukwila Middle Housing: Analysis and Code DevelopmentCity of Tukwila Contract Number: 24-113 Aft Council Approval 8/19/24 r 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 CAST architecture PLLC, 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 analysis and code development services in connection with the project titled Tukwila Middle Housing: Analysis and Code Development. 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 July 1, 2025, 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 July 1, 2025 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 $90,000 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 $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 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 Page 2 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. 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. 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. CA revised May 2020 Page 3 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 anytime 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: CAST Architecture 115 North 35th St Seattle, WA 98103-0000 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 May 2020 Page 4 DATED this Fourth day of August, 2024. CITY OF TUKWILA DS Signed by: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: '�f)(14ARQ746FA4FR Andy Youn, City Clerk APPROVED AS TO FORM: Signed by: (o• ,FAA9C'A jR5 459 Office of the City Attorney CA revised May 2020 Page 5 CONSULTANT: Printed Name: Matt Hutchins Title: Principal, CAST architecture IIIIIIIIIIIII VIII VIII II III Tukwila Middle Housing: Analysis and Code Development Scope of Work August 2024 A. Project Goal This project aims to update the City's residential design standards to comply with changes to state law and modernize residential design standards overall, in the interest of supporting additional, attractive residential development and providing clear exppectations for developers and staff reviewers. These design standards, regulations, and guidelines are primarily found in the TIB Design Manual, Southcenter Design Manual, the Tukwila South Residential and Overlay District Design Manuals, the Multifamily Design Guidelines, and Townhouse Design Manual, and sections of the Tukwila Municipal Code Title 18 regarding single family residences, Tukwila South, and the Southcenter Urban Center. For purposes of this project, Tukwila intends to comply with HB 1110 as a Tier 2 City. Key deliverables will be proposed zoning amendments and design standards for middle housing in compliance with recent state laws, informed by an analysis of neighborhood context and potential development scenarios. B. Task 1: Comprehensive Analysis of Regulatory Barriers for Middle Housing and Design Review • Review analysis of local zoning, policies, and regulations that do not comply with requirements of HB 1110 and HB 1293 provided by City staff • Interview recent multifamily development project teams to access additional local barriers in the permitting, design review, and construction process. • Provide a spatial analysis of the neighborhood context to inform how physical limitations such as the lack of alleys and limited grid pattern affect current and proposed development standards. • Facilitate an interdepartmental staff workshop to identify barriers to middle housing beyond zoning. Deliverables: • Gap Analysis to identify zoning standards out of compliance with HB 1110 and HB 1293 • Spatial Analysis of Neighborhood Context • Develop graphics to illustrate regulatory barriers • Summary of interviews. • Summary of issues identified at staff workshop. Assumptions: • City Staff will prepare an analysis of local policies and regulations that do not comply with the design review requirements of HB 1110 and HB 1293. • Staff will assist in scheduling staff workshop, communicating intent to evaluate development barriers, and coordinating between departments. Meetings: • Kickoff meeting to introduce team and review issues identified in gap analysis. • Bi -weekly status meetings/ teleconferences with the City project team and CAST • One interdepartmental staff workshop C. Task 2. Middle Housing Staff Report and Zoning Code Amendments • Test alternative middle housing development standards that will comply with HB1110 as a Tier 2 City for a range of typical parcels. Provide draft recommendations with illustrations for City staff. • Study potential development using both residual land value (RLV) models and parcel -based internal rate of return (IRR) pro forma, building on past consultant work in the recent TOD study. • Review and assist staff with preparations of Zoning Code amendments that address proposed changes to Tukwila housing regulations. • Develop graphics to support the proposed municipal code update. • Staff to complete a Middle Housing staff report that identifies code changes needed to comply with HB 1110 integrated within proposed amendments. • Consultant will collaborate with staff to prepare a draft ordinance that ensures the Tukwila Municipal Code complies with HB 1110 and HB 1293. Deliverables: • Create HB1110 compliant draft zoning standards for middle housing. • Collaborate with City staff to draw zones • IRR Pro Forma feasibility analysis of middle housing types for typical lot configurations • Create custom graphics that illustrate the middle housing types and development standards. • Compile deliverables into Middle Housing Staff Report. • Draft ordinance for HB 1110 and HB 1293 compliance Assumptions: • The gap analysis that has been provided is assumed to be comprehensive. CAST will provide a review to add any insight based on development experience. • CAST assumes that recent high level RLV models are an adequate baseline. Additional models to test feasibility may be conducted. Page 2 • CAST assumes that community outreach that has informed recent work on middle housing has been adequate. CAST assumes that resources for gathering community input such as surveys and websites are ongoing and can be leveraged to broadcast information about the development of the staff report and zoning code amendments and messaging about middle housing. • City will provide brand standards for city documents, graphic design and layout for final documents. • CAST will provide materials to support the City's messaging and community engagement efforts, excerpted from deliverables. Meetings: • Bi -weekly status meetings/ teleconferences with the City project team and CAST • Planning Commission briefing. D. Task 3. Multifamily Design Standards and Review Development • Work with staff to identify multifamily design standards inconsistent with HB 1293 requirements and which are detrimental to feasibility of multifamily development, based on previous studies undertaken by the City (such as the City's Housing Action Plan (2020), and other similar analysis). • Assist staff in writing a staff report that identifies proposed amendments to middle housing design review regulations. • Remove ambiguities in Tukwila South Residential Design Guidelines, design standards for the Urban Renewal Overlay District and the Supplemental Development Standards • Overhaul design criteria for middle housing under TMC 18.60 • Modify processes related to middle housing under permit applications and decision processes. • Remove references to the Housing Options Program and Townhouse Design Manual and integrate into updated middle housing design standards. • Integrate feedback from stakeholders, staff, and Planning Commission between draft and final design standards. Deliverables: • Draft and Final presentation of Middle Housing Design Review Regulations • Draft and Final Middle Housing Design Review Regulations. • Provide up to 10 diagrams to illustrate design standards. • Provide a flow chart describing steps through revised design review. • Consultant and City staff to work together to review and finalize the draft. Page 3 Assumptions: • CAST assumes that the design standards identified in the gap analysis are the only standards affected by this work. • City will provide brand standards for city documents, graphic design and layout for final documents. Meetings: • Bi -weekly status meetings/ teleconferences with the City project team and CAST. • Planning Commission briefing with draft and final design standards (2 meetings) E. General Assumptions: • The six and half month project schedule is based on City requirements, efficient scheduling, and the data provision and review time assumptions specified in this scope of work. Longer review periods and meeting scheduling delays may impact the project schedule. • The City will provide necessary background information, including existing policies and regulations. The City shall keep the consultants apprised of parallel planning efforts. • The City will endeavor to provide information requested within one week from the date of request. • The consultant team will work with the City to mitigate schedule impacts where information requests take longer to fulfill. • CAST will provide draft copies of presentation materials for advance review by City staff and revise materials based on staff comments. No more than two versions (draft and final) of any deliverable will be provided. • City reviews of minor deliverables (presentations and memos) are assumed to occur within one week, with an additional week allocated for consultant revisions in response to City comments. City review of the draft report is assumed to occur within two weeks, with two weeks allocated for consultant revisions. • Miscellaneous expenses will be covered within contract resources. • Project management fees will be charged over course of project. Page 4 IIIIII IIIIIIII I " Identification of Regulatory Barriers $3,926 $1,963 Compiling staff analysis Inteviews Interdepartmental development issue identification Parcel Analysis and Neighborhood Mapping $3,926 $1,963 Parcel Analysis of current development standards Context/street type survey and middle housing image library Objective Design Standards $12,215 $12,215 Development and illustration of design standards Presentation, Online publishing Public Input and synthesizing feedback Zoning code writing $15,269 $9,161 Create compliant code for middle housing Assess other barriers to development and propose solutions Coordination with other authorities Final Approval $2,181 $2,181 Project management $8,725 $0 $654 $654 $6,108 $6,108 $0 $0