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HomeMy WebLinkAboutOneza & Associates - PSA for Housing Action Plan & Implementation PROFESSIONAL SERVICES AGREEMENT {ONEZA& ASSOCIATES} THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and {ONEZA & ASSOCIATES}., hereinafter referred to as "Consultant," on the 16th day of Se�tember. 2021. RECITALS WHEREAS,the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills,training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Sco�e of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in [Exhibit A], attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 06/30/2022. 3. Com��ensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirry (30) days of receipt and approval of an invoice. Professional Services Agreement—ON EZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 1 of 10 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ❑ Hourly (Single Rate): $ per hour plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without prior written authorization by the City; or ❑ Hourly (Multiple Rate): Such rates as identified on [Exhibit No./Letter], plus actual expenses incurred as provided under this Agreement, but not to exceed a total of$ without the prior written authorization by the City; or � Fixed Sum: A total of$86,500 ❑ Other: 4. Renorts and Ins ecHons. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Professional Services Agreement—ONEZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 2 of 10 Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownershi[� and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a"trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared,or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public recards of the City and reyuest for such records is received by the City, the Consultant shall respond to the reyuest by the City for such records within five (5) business days by either Professional Services Agreement—ONEZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 3 of 10 providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Inde�endent Contractor Relationshin. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 733 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. 8. Indemnification. Professional Services Agreement—ONEZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 4 of 10 S.1 The Consultant shall defend, indemnify, and hold harmless 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. 8.2 However, 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, including the duty and cost to defend, 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 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. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 9. 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, employees, or subcontractors. The 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. 9.] Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO) form CA 00 O1. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 O1 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. Professional Services Agreement—ON EZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&1MPLEMENTATION Page 5 of 10 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: � $2,000,000 each occurrence; and � $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: � $2,000,000 per claim; and � $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Accentabilit�� of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Covera�e. 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 Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within iwo (2) business days of their receipt of such notice. Professional Services Agreement—ONEZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 6 of 10 9.7 Cih Full Availabilitv of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as reyuired shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement 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. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant A�ainst Contin�ent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assi�nment and Subcontractin�. 12.1 The City has awarded this Agreement to the Consultant due to its unique yualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written Professional Services Agreement—ONEZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 7 of 10 consent of the City, which consent must be sought at least thirty (30)days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 123 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement,time is of the essence. ]4.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 143 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Rick White, or his/her designee Director, Community& Economic Development 525 N. 3rd Avenue � Pasco, WA 99301 (509)545-3441 whiter@pasco-wa.gov 14.3.2 For the Consultant: Ferdouse Oneza, AICP Professional Services Agreement—ONEZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 8 of 10 Project Manager Oneza&Associates 2137 NW 99te Street Seattle, WA 98117 509 845 2453 foneza��.onezaassociates.com 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. 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 similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any e�ibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO,WASHINGTON CONSULTANT ����� Dave Zabell, C.� � r Ferdouse Oneza, Oneza&Associates ATTEST: Professional Services Agreement—ON EZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 9 of 10 -,���Q- ��B"���. Debra C. Barham, City Clerk APPROVED AS TO FORM: � _ G� Kerr Fergu�on Law , ity Attorney Professional Services Agreement—ON EZA&ASSOCIATES CITY OF PASCO HOUSING ACTION PLAN&IMPLEMENTATION Page 10 of 10 SCOPE OF IIVORK Housing Action Plan and Implementation City of Pasco The following tasks under this scope of work are to be performed by the Oneza & Associates team (the consultant team) for the City of Pasco (City). � Budget from one task can be transferred to another task based on the need and as agreed by the City • City will provide all available documents to the consultant team in a timely manner Task 1: Finalize the scope of work At the initial phase of the project, we will conduct a 2-to 3-hour workshop with your key planning staff and the consultant team to do an initial assessment of the City's needs, finalize the scope of work and outline a communication strategy with your stakeholders.The scope of work will be consistent with and set to implement Comprehensive Plan goals and policies and Council Goals. Task 2: Develop public engagement strategy An online survey open to all residents will be conducted to collect residents' housing concerns and preferences. This task will bring stakeholders from supply (land owners, developers, realtors and home buildersj and demand (residents, renters, and housing groups) sides of housing. A streamlined communication strategy with key stakeholders at three key phases of the plan: • Project initiation. Gather housing issues and opportunities in Pasco via survey as mentioned above • Development. A mid-point check about the proposed recommendations at the Planning Commission workshops. • Final review.A draft product for final adjustments. Task 3: Assess existing conditions, gaps and needs We will review existing conditions in terms of available housing choices and tools in the land use and zoning codes and analyze the following: a) Comprehensive Plan housing goals and policies, Council Goals, SOMOS Pasco Economic Development Strategy, Tri-Cities Home Consortium, and on-going master plans such as Broadmoor Master Plan. b) We will evaluate Pasco's housing status, trends of household sizes, income, education, housing characteristics and capacity. We will identify how many households in each income segment are cost-burdened, i.e. paying more than 30 percent and 50 percent of their income for housing costs. We will also assess the City's current population and housing projections for the planning horizon and how it will influence housing needs. This task will utilize the analyses completed as part of the Comprehensive Plan,such as housing data, land capacity analysis etc. and update data as necessary. Pasco Housing Action Plan and fmplementation-scope of work 1 Oneza&Associates c) The City's zoning code (Title 25), such as all residential codes, planned unit and planned density development, use regulations, non-tonforming uses, site design, landscaping and parking standards, permit processes etc. The intent of this review is to understand the existing codes, and identify gaps and needs.Types of the permit processes currently in place will be reviewed in terms of efficiency in the process.Any on-going efforts by the City regarding this will be reviewed and incorporated. d) Recent code amendments.All existing code updates the City has processed or is planning to process. The City will provide a summary of all past and on-going code amendments. e) Other planning resources and codes (e.g. permit and impact fee) Task 4: Housing market analysis This includes analysis of housing market trends associated with housing production, rents/home sales price and vacancy rates. Our analysis will include review of the City's housing market's opportunities and constraints. For example, attractions (job, shopping, recreation); amenities (type and quality of home fixtures and appliances, landscaping, views); access to public services (availability of utilities, schools, parks, etc.); cost of development (land value, permit fees etc.). Housing market is a factor of all these. Our analysis will provide a basic understanding of the market. The consultant team will examine the development feasibility of a few targeted housing policies(or policy updates)for a set of housing types. Task 5: Develop Housing Action Plan /implementation tools a) This task includes identifying a set of recommended actions, responsibilities, schedules, budgets, and review milestones appropriate to the City, Housing Authority, public, non-profit, and private entities to be involved in implementing your housing action plan. The Housing Action Plan will be reviewed by the City staff, Planning Commission, City Council, public and affected implementation partners. b) Design standards. Develop design standards for multiple housing products with diagrams and illustrations. c) Zoning Code updates to review and add applicable tools to be adopted by the City: i) Add innovative tools such as floor area ratio increase, density bonus, transfer of development rights, height increase,etc. ii) Add options such as small lot housing, row-housing, town-homes, condominiums, mixed- uses, multiplexes, etc. as well as the City's recent updates on allowing ADUs, duplexes, triplexes and courtyard apartments. iii) Add capacity/ratio to various zones. iv) Update codes for easy remodeling and maintenance of existing housing, such as addressing non-conforming issues d) Building codes, utilities and permitting policies. Review the feasibility to allow various housing types (e.g. modular housing)with utility services,with reduced permit fee. e) Impact fee. Review various impact fees to be reduced for certain affordable and/or high density housing types at certain locations. f) Tax exemptions and development incentives. Evaluate the use of multi-family tax exemptions to promote certain housing types at certain locations, especially neartransit, parks,and schools. g) Identify infill areas for cumulative incentives. Evaluate recently passed legislation on Tax Increment Financing. h) Identify efficient permitting processes for housing developments. Pasco Housing Action Plan and!mplementation-scope of work 1 Oneza&Associates Task 6: Compile for adoption At this phase, we will perform a final review, and edit all elements for internal consistency and consistency with the Comprehensive Plan. We will make adjustments if needed based on public input and direction from the City. We will address any necessary comments; work with staff to complete the Plan. Task 7: Attend public meetings Our team will support the City staff at the Planning Commission and Council workshops, and stakeholders meetings. We will attend stakeholder's meetings with homebuilders, local realtors, and Tri- Cities Housing Consortium. Task 8: Project management This task includes additional budget for preparing monthly invoice and progress reports,and coordination with City staff. Budget and Timeframe Tasks Budget with grant Timeframe �$) Task 1: Finalize the scope of work 1,000 September 2021 Task 2: Develop public engagement strategy 1,500 Sept-Oct 2021 Task 3:Assess existing conditions, gaps and Oct-Dec 2021 needs 12,000 Task 4: Housing market analysis 20,000 Nov 2021-Jan 2022 Task 5: Develop action plan/implementation Nov 2021-Feb 2022 tools Recommended actions 5,000 Design standards 18,000 Zoning code updates 7,000 Tax exemptions 4,000 Other tools 5,000 Task 6: Compile for adoption 2000 March 2022 Task 7:Attend public meetings 7000 On-going Task 8: Project management 4000 On-going Total 86,500 Pasco Housing Action Plan and!mplementation-scope of work 3 Oneza&Associates