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HomeMy WebLinkAboutAHBL - Land Use Planning Services for ADUs PSAPROFESSIONAL SERVICES AGREEMENT AHBL, INC. THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City," and AHBL, Inc., hereinafter referred to as "Consultant," on the 114 day of m,a-g , 2022. 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. Scope 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 July 15, 2022. 3. Compensation 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 thirty (30) days of receipt and approval of an invoice. Professional Services Agreement — AHBL, Inc. INF02022-007 — USER GUIDE ADUs Page 1 of 10 ® The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. El 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 El 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 $ 12,855 El Other: III! IF! !111111i� i q iiii�oi` III! ® 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 Agreement. Professional Services Agreement — AHBL, Inc. INF02022-007 — USER GUIDE ADUs Page 2 of 10 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. 5.1 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 exc ept 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. Professional Services Agreement — AHBL, Inc. fNF02022-007 — USER GUIDE ADUs, Page 3 of 10 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either 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. 7.1 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 a "' # e 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). Obtain a City of Pasco business licensl 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. Professional Services Agreement — AHBL, Inc. INF02022-007 — USER GUIDE ADUs Page 4 of 10 8. Indemniffication. 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 negligent 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. 9.2 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 such services, or 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 neligence. It is further specifically and expressly understood that the g indemnificItion 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. 9.1 Mimmum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 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 01. Professional Services Agreement — AHBL, Inc. INF02022-007 — USER GUIDE ADUs Page 5 of 10 9.1.2 Commercial General Liaty insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liaty 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. 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 limi 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: X $2,000,000 each occurrence; and 0 $2,000,000 general aggregate; Professional Liability insurance shall be written with limits no less than: 7X $2,000,000 per claim; and E $2,000,000 policy aggregate limit; 1.3 Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contIin 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 Acceptabi,fity, of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. Professional Services Agreement — AHBL, Inc. INF02022-007 — USER GUIDE ADUs Page 6 of 10 5.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but nol 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 two (2) business days of their receipt of such notice. 9.7 City, Full Availaof 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 +,. or whether any certificate of insurance fumished to the City evidences limits of liability lower than those maintained by the Consultant. 4' 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 givingfive (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. NondiscHmination. 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 orn, 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. r"I If" Covenant Aeainst Contingent Fees. i ne t-,onsultant 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 A reement; and that it has not paid 9 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. Professional Services Agreement — AHBL, Inc. INF02022-007 — USER GUIDE ADUs Page 7 of 10 A 0 120 Anignment and Subcontract' 12.1 The City has awarded this Areemee nt to th gConsultant due to its unique qualifications 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 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. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termi'nation, 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 Provisi*ons. 14.1 For the purpose of this Agreement, time is of the essencl 14.2 Notice,. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Pro ect Administrators; or j 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. Professional Services Agreement — AHBL, Inc. INF02022-007 — USER GUIDE ADUs Page 8 of 10 14.3 The Project Administrator for the purpose of this Agreement shall be: ®. For the City.- Rick White, or his/her designee Director, Community & Economic Development 525 North 3 rd Avenue Pasco, WA 99301 (509) 545-3441 14.3.2 For the Consultant: Nicole Stickney, AICP, or his/her designee Project Manager / Senior Land Use Planner 5804 Road 907 Suite H Pasco, WA 99301 (509) 380-5883 nstickneyC&,ahbl.com III I L111a 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. Integradon. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules, or attachments. Any mocation of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. Professional Services Agreement — AHBL, Inc. INF02022-007 -- USER GUIDE ADUs Page 9 of 10 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 PA O, WASHINGTON Dave Zabel], City Manager (> $50,000) Department Director (< $50,000) ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Ken er on L ity Attorney CONSULTANT uc.. March 8, 2022 AHB , Inc. Wayne E. Carlson, Principal Professional Services Agreement — AHBL, Inc. INF02022-007 — USER GUIDE ADUs Page 10 of 10 r Gonzalez,March 8, 2022 Jacob B. l i r City Community iDevelopment 525 North 3rd Avenue Pasco, WA 99301 Project: City of Pasco ADU User Guide, AHBL No. 2220031.30 Subject: Proposal for Land Use Planning Services Dear Mr. Gonzalez: Thank you for the opportunity to submit this proposal for land use planning services for the City EFvi-_ of Pasco ADU User wide project. We understand that you would like a firm to produce a user-friendly guide that can be used to help Pasco residents better understand the options for Accessory Dwelling Units (ADUs). The City Council recently adopted Ordinance 4575 amending Title 25 ("Zoning"), which increases the residential densities across all residential zoning districts by allowing both attached and detached ADUs, provided the property meets the size requirements. The ADU User Guide will communicate these options through the use of visual diagrams to convey the standards in the City of Pasco Municipal Code (PMC). The objective is to emphasize the visual exhibits and minimize the amount of text. The User Guide will focus on examples that adhere to the City's ADU standards, rather than examples that do not. The User Guide will also incorporate information on the permitting process of ADUs. It will help property owners more easily establish ADUs on their property, which serves to implement the Housing Element of the City of Pasco's Comprehensive Plan. The User wide will be produced in English and Spanish. Our scope of services is listed below. Project Initiation and Management — Task 31 This task involves the necessary steps to develop an outline of the ADU User Guide. 1.Project Kickoff Meeting and Schedule; Project kickoff meeting with City staff and two members of AHBL staff to develop a project schedule and confirm the project objectives. 2. Review Pasco City Code: AHBL staff will review the City's newly adopted Ordinance 4575 amending Title 25 for the best way of communicating the standards to ad 90 homeowners and designers. ° Suite Pasco, WA 99301 509.380.5883 w rt a ti I v Jacob B. Gonzalez,Planning n r March 8, 2022 2220031.30 � Page 2 of 4 r . Literature Review: AHBL staff willI I relevant existing resources and City Information wilinclude, t is notlito.- Existing ADU guides fromt ii . Photos of ADUs that showcase the desiredfeatures. This information t precedent images and developing the annotatedi ich will ultimatelyi i . . Annotated Outline: AHBL staffit prepare a one- toutline Guide, the City'sstandards i i municipalities. The outline i in Microsoftr r t to allowedits between AHBL and City Task 31 Deliverables Preparation it r t schedule. Annotated i in Microsoftr format to Ilow City staff to make comments r edits using"track function. Examplest the finished language and a range of rendering Task 31 Meetings One project i ing with Citystaff. check-inOne i to review tlrGuide Draft r Guide This task involves preparing raft ADU User Guide, iI all related , and narrative 1 tl . . 50% Complete User Guide: A 50% complete draftr Guide in Microsoft format will be shared withi taff to show the progress of the User Guide. This iteration is expected to include t, but may incorporate early graphCity staff will be able to make commentsi i . .Guide: A 90% complete draft ADU User Guidein Microsoftr format will be sharedi it the progressthe User Guide. This iteration is expected to include text and graphics,the contenti t be in the final InDesign format. City staff will be ablei itracked Task 32 Deliverables 50% complete draft ADU User Guide in Microsoft Wordll istaff editsto make comments or igraphics 90% complete draft ADU User Guide in Microsofti commentsits using trackedt r i °, no layout). Jacob B. Gonzalez, I i ig March E t 2022 2220031. 30 Page 3 of 4{ x h � e Task 32 Meetings • One meeting between AHBL and City staff to review the 50% draft ADU User Guide. One additional ti tween AHBL and City staff to reviewt % draft ADU User ui r r in r Guide — Task 33 This involves preparingthe finalr Guide,i l i ll related diagrams and narrativei i . . Mockup Branding/Layouts-will provide the Cityit r r the updated plan. Theu ill depict the appearancetables, document colors, and the use ofi icons. . Layout and GraphicsProduction: t ill finalize t template based on the approvedign. The preparation of infographics and 3D models will be included it i this task. For the purposef this the graphicsr this item may be preparedconcurrent with the contentprepared r Task 2 so that City staffreview r graphics. . Final ADU User ide: AHBL will incorporate changes/f received t % draft User Guide preparedr Task 2 into the final User Guide document. The final User Guide i t be laidt using Adobe InDesign and include i t r graphics, any necessary I. AHBL willli r the final User Guide to Cityt in multiple formats, i i file, native i l as one additional online format it for reading idevice, if desired. AssumptionsTask 33 City i I be responsibler printing, publication,i ri uti f the final document. Task 33 Deliverables Three mockup brand i ng/layouts of ADU User Guide. tables, and infographics forinclusion in finalC Guide. Final r the ADU User Guide in EnglishSpanish. Electronic it final ADU User Guidei i versions): 0 Adobe PDF file. 0 Adobe InDesign files. 0 One additional i itable for reading on a mobiledevice. HfB L Jacob onz 1 Planning n r�� March 8, 2022 Mf 2220031.30Page 4 of 4 s �r Billing Summary Items Des+crip►tion 'Task No. Amount Items r j t Initiation and Managemen -31 $3,915 Items 5-6 Draft ADU User Guide- 4 560 Items 7-9 PrepareFinal ADU User Guide T-33 5,380 Total $129855 i6 Hiw.: �v';.� ;'S..ri.-i�':.. ✓.f.S'1.s5"3 ✓�,... �x,.,�� .,..�:K'//'.% t„d...ex��.'..»'dN?�' n'%aY,�hYcc:R+`�,4-usue3;>%.�.r/•F,.-.3:&?Y ��,x �.�'/w";3t3",in�,�l z.:;�. sS�'.o-. ,'u'.;» J'_,,:Ja�: ;. _»,«nix .ni�Tdmsue.a,� n5i';v./�e'.rP,✓/.,,.Z..!/MT.I ,+i,. �i You may t want us to providethe services listed these services and the number of hours with you and make adjustments, necessary. Some f the tasks listed areinfluenced t r outside r control. Based on our experience, i the number of hoursrequired to complete these tasks. During the course of the project, if it is determinedthat more hoursr required t f these tasks due to circumstancesoutside r control, we willof immediately. We wit performnot itional work until we have your written authorization. The task numbersthe invoice ill correlate withi If you find thisproposal acceptable, pleaser r standard contract. Our receipt signedtr t or your written authorization will be our notificationto proceed. If you have any questions,l Sincerely, Nicole . Project it Land Use Planner C Wayne Carlson, AHBLAccounting A2 022122200311 ro o Is ontr tsTi na ls\20220308 Pro 2220031.30.doex