HomeMy WebLinkAboutAD05-141 - Original - Real Vision Research, Inc. - Down Town Kent Market Study Analyzing - 04/01/2005 KENT
WASHINOTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Real Vision Research, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Real Vision Research, Inc. organized under the laws of the State of Washington,
located and doing business at 16504 9`h Avenue SE, Mill Creek, WA, 98012 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Provide a market study that includes conclusions and recommendations for new housing
opportunities for multi and single-family housing, both for sale and rental (age restricted and all
age) in Downtown Kent, Washington. The immediate competitive market area is defined as the
city of Kent and the surrounding area with comments made about the greater market area of
South King County. The goal of this study is to define the market opportunities for new market
rate housing in the city of Kent. This includes as the appropriate attached and detached product
or products to build over time.This report will include the following:
1. CONCLUSIONS
A. Primary and secondary market research conducted by Real Vision Research
and/or other professionals in the industry,plus 25 years in the business:
• Executive summary, demand shift where is it coming from and what is
causing it.
• Upside issues.
• Downside issues.
• Projected buyer & tenant profiles for market area: who they are & where
they will come from.
• Product type & neighborhood density that will work given the nature of
the location.
• General unit sizes, pricing and list of builders who built this type of
housing.
• Definition of the competition,what it is and where it is.
• Pictures of developments similar to each recommended product type.
• Land costs (and construction if easily available) for the various product
types at the pricing that will work.
• What is the financial gap that has prevented this type of product from
being built.
• What policy actions, if any, would help reduce the gap (study will
examine multifamily tax exemption program, waiving transportation
mitigation and permit fees,building code changes, etc).
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
.... sir ,
• Identify missing retail, services, civic,recrea onal, education or other uses
downtown that are discouraging development of housing in the downtown
core.
2. GENERAL BACKGROUND AND SUPPORTING DATA
A. A summary of the new and resale single-and multi family housing trends as well
as rentals will be Y
provided b New Home Trends, the MLS and Real Vision
p
Research. This will identify current demand by price point and holes and
weaknesses in each market area:
• Historic data on number of new & resale homes and condominiums sold
per year% apts.built.
• Current price ranges for new and resale housing in the city and outside in
the suburban areas.
• South King County and Kent new for-sale detached & attached housing
broken down by market areas and median prices and availability.
• Completed inventory and availability for both the city and the suburban
areas surrounding Kent.
B. Market area profile - a demographic and physiographic analysis for the city of
Kent.
• Who lives there now by age, family size and income.
• Projected growth figures based on demographics.
• Lifestyle trends.
C. Interviews with local real estate agents and apartment managers.
3. DELIVERABLES
A. Organize and attend two meetings: one an initial fact-finding meeting and the second
a report presentation meeting.
B. Provide three final board reports that will include a detailed analysis and review of
Consultant's work,conclusions,and recommendations.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date
of this Agreement, Consultant shall complete the work described in Section I within 12 weeks
from execution of this contract.
III. COMPENSATION.
A. The City shall pay the Consultant,based on time and materials, an amount not to exceed $20,000
for the services described in this Agreement. City shall make three (3) installment payments:
the first payment will be paid within ten (10) days of contract execution and shall act as a
retainer; the second payment shall be invoiced to the City thirty(30) days after the contract work
commences; and the final payment will be invoiced upon the City's completion and acceptance
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
of the contract w•. Additional meetings outside those described in the scope of work will be
billed at$150.00 per hour. This is the maximum amount to be paid under this Agreement for the
work described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed supplemental agreement. The
Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for a period of one(1) year from the effective date of
this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A, and Exhibit A
outlines in more detail the terms and schedule for payment, including a retainer.
B. The Consultant shall submit payment invoices to the City for work performed as described in
Section 3(A), and a final bill upon completion of all services described in this Agreement. The
City shall provide payment within forty-five (45) days of receipt of an invoice. If the Consultant
fails to complete all or any portion of the contract work, unless the City terminated the contract
for any cause other than the Consultant's failure to complete any of the work to the City's
satisfaction, the Consultant will reimburse the full retainage amount to the City, less any
documented actual costs incurred by Consultant up to the termination date. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay
that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR, The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
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
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
by or resulting from the concurrent negligence of the Consultant and the ity, its officers, officials, employees,
agents 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data documents and files available to the City on u the Cit 's request.
> P Y q
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
4
difference or claim arising from le parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement,the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print ame: Print N e: Jim White
Its Re4 _t ) �x Its Mavor
e ff (Ttlle)
DATE: DATE:T��
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT SERVICES AGREEMENT-5
(Over$10,000)
CONSULTANT: CITY OF KEN :
Suzanne Britcsch, President Nathan Torgelson
Real Vision Research, Inc. City of Kent
16504 9th Avenue SE, Suite 206 220 Fourth Avenue South
Mill Creek, WA 98012 Kent, WA 98032
(425) 787-4399 (telephone) (253) 856-5703 (telephone)
425) 742-3210 facsimile (253) 856-6700(facsimile)
AP VED AS TO FORM:
Ken aw D ent
I
P\Civil\FILES\OpenFiles\0216-2005\RealVisionResearchConhact doc
CONSULTANT SERVICES AGREEMENT-6
(Over$10,000)
i i
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor,that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 4 44,14e , 200_L5
By:
_.gf4 I
For: 444
Title:
Date: za
EEO COMPLIANCE DOCUMENTS- I
r
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent oflr. Comp hereby
acknowledge and declare that the before-mentioned company was the pnme contractor for a Agreement
known as that was entered into on the 2 ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
PAYMENT
The fee for the project is $20,000, which covers all expenses. The cost of two meetings
and three final bound reports are included in this fee. Additional meeting time requested
by the client will be billed at$150.00 per hour.
The project shall have a retainer of$6,000. The balance of the fee ($14,000)will be
billed at a rate of$7,000 after the first 30 days and $7,000 after the report delivery.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor 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 Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises,operations, independent contractors,products-completed
operations,personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 1185 or a substitute endorsement
providing equivalent coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
L Commercial General Liability insurance shall be written with limits no
less than$1,000,000 each occurrence, $1,000,000 general aggregate
and a$1,000,000 products-completed operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain,or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any Insurance,self-insurance,or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor'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.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
ANII.
E. Verification of Coverage
Contractor 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.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
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Audxxiaed Repre4sentived
S15102596 79 11994.02.38 N01 01.21-2005 (5207111
MAR-31-2005 10 :29 AM RVR&NHT 4254243521 P. 02
Mar-110-06 03:53P T46z &Alssociatos P•03
I'MICY NUMBER• PAS 40622129 COMMIFRCIAL QVINI lAL Ll"WY
06210199704
THIS WWW$UWW GWMW8 TM!POLMY.►LEAS!MM IT CMIWULLY.
ADDITIONAL-INSURED - OWNERS;-LESSEES OR
CONTRACTORS- SCHEDULED PERSON OR
ORGANIZATION
11tle erhdrrsenhenl modAea Insvance prodded tndu Ihe Iolo olna
CO"RCIAL GiNGRAL LIABLITY COVERAGE PART
WHOM
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City of Kent
220 4th Ave South
Kent, WA 98032
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hdub as an aOdbonal hswv410 posen(s)er 'preperlyeirnaa'oea+ring atber.
o w1saian(a) sAaws in Ilse Sdwd . hue only 1. AM vwk. ndudnp Materiels, ports cr eg
ect ip-
w1h resp to Ilabli y for mewl Mrishsd 1n otrrnelan Win such ucrk c
damage'. a 'personal and a0wrW9 k*xy om to pmjoct (other then eeMea, maim.
OLMed In while or in pert.bK Man= or npNts) b be perloened by or an
1. Yar art&a a v"elcm or behalf of to addtanal Mowe (s)at the loco-
_ 2. who aces or wMeolew of Ihwo aslnb an your eon d the wAred operator has been can.
behaU; oftcl;or
In the perfamance of your ongoing aperaMene for 2. That pa0m d'yaw waX' a,t of eiJdh the
the aadlo al Irwlasd(s) at►he lonton(s)dog- In)"w dow4o anew hae been put b its
Mabee above. or wg"tabon
�hen ei+P 0 we by mh�or subeembecow
9. With respect 10 the inswance Marled b Mhose enoeged in perfon0no cpwalons for a
addtanal imaxeds,the fo imAng addloval endh} pAmdpat as a pore d No same project
bons ap*..
c0 20 1s 07 04 Ccpytt$K 130 Prepense.Inc.,2004 Pape 1 of
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