HomeMy WebLinkAboutContractAGREEMENT FOR UPDATING RENTON MIDDLE HOUSING
DEVELOPMENT REGULATIONS 2023-2025
THIS AGREEMENT, dated for reference purposes only asJanuary 22, 2024, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and MAKERS Architecture &
Urban Design LLP (“Consultant”), WA Limited Liability Partnership. The City and the Consultant
are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties,
this Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide assistance in updating development
regulations for compliance with 2023 Engrossed Second Substitute House Bill 1110,
including facilitating public engagement and draft ordinance, as specified in Exhibit 1,
which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth inExhibit 2 or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit 1. All Work shall be performed by no later
than June 15, 2025.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $49,961, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s) or amounts specified in Exhibit 2. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit 2. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work isperformed, the Consultant shall submit a voucher or invoice in a form
CAG-24-040
PAGE 2 OF 10
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten(10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the Cityafter partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
PAGE 3 OF 10
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridgeand Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
PAGE 4 OF 10
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) 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
PAGE 5 OF 10
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
PAGE 6 OF 10
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
controloccur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Katie Buchl-Morales
1055 South Grady Way
Renton, WA 98057
CONSULTANT
Rachel Miller
500 Union Street Suite 700
Seattle WA 98101
PAGE 7 OF 10
(425) 430-6578
kbuchl-morales@rentonwa.gov
(206) 602-6229
rachelm@makersarch.com
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
PAGE 8 OF 10
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Katie Buchl-
Morales. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to th e extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
PAGE 9 OF 10
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
PAGE 10 OF 10
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
O. Additional Requirements. The Parties are bound by all applicableterms of the Middle
Housing Grant from the Washington Department of Commerce (“Commerce”)
(Contract# 24-63336-134) attached hereto at Exhibit 3 and incorporated herein by
reference. Commerce and the State of Washington are not liable for claims or
damages arising from a Subcontractor’s (here, Consultant) performance of the
subcontract (this Agreement).
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Bob Bengford
Partner
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
M. Patrice Kent
Senior Assistant City Attorney
Contract Template Updated 5/21/2021 (h/contract/2024/2931)
____________________
ob Bengford
January 31, 20242/27/2024
Approved by Patrice Kent via email 1/30/2024
RENTONMIDDLE HOUSING DEVELOPMENT REGULATIONS
SCOPE OF WORK
January 17, 2024
MAKERS architecture and urban design LLP 1
1/19/2024 9:27 AM
PROJECT GOAL
This project assists the City of Renton (City) in updating development regulations to encourage more middle
housing options within the City. To align with requirements of the Middle Housing Grant the City received from the
Washington Department of Commerce (Commerce), this effort will support the following goals:
1. Effectively engaging the public and stakeholders;
2. Preparing materials and hosting meetings to ensure the future regulations are well understood and
accepted by City of Renton residents and the development community;
3. Drafting the ordinance in a timely manner;
4. Adopting the ordinance before June 15, 2025; and
5. Comprehensive documentation demonstrating the City’s compliance with HB 1110.
1. MIDDLE HOUSING PUBLIC ENGAGEMENT PLAN
1.1. P RO J EC T INITIATIO N
MAKERS will coordinate with lead City staff to host a project kick-off meeting between MAKERS and key
staff involved in the project. Meeting will identify engagement goals and potential strategies; review key
deliverables and Commerce grant requirements, discuss coordination needs for Planning Commission and
City Council, and other items as identified by staff.
1.2. DEVELOP PUBLIC ENGAGEMENT PLAN
MAKERS will review a draft engagement plan/memo developed by City staff, discuss with staff during a
project coordination meeting, and provide comments to guide final updates. Draft engagement memo
should identify key audiences for engagement and the types of materials needed. Staff will make updates to
finalize the engagement memo.
1.3. PROJECT MANAGEMENTANDCOORDINATION
MAKERS will develop monthly invoices and attend monthly (or up to bimonthly) project coordination
meetings with City staff throughout the duration of the project.Note, this task’s hours are built into all phases
of work.
MEETINGS
Project kickoff (In-person)
Monthly check-in meetings
DELIVERABLES
Public Engagement Plan
SCHEDULE
December 2023 – January 2024
EXHBIT 1: SCOPE OF WORK
RENTONMIDDLE HOUSING DEVELOPMENT REGULATIONS
SCOPE OF WORK
January 17, 2024
MAKERS architecture and urban design LLP 2
1/19/2024 9:27 AM
ASSUMPTIONS
The engagement plan will be a short memo or presentation, depending which format is determined by the
team to most efficiently organize and convey engagement responsibilities, desired tactics, and target
timelines.
2. MIDDLE HOUSING PUBLIC ENGAGEMENT
2.1. PREPARE ENGAGEMENT MATERIALS
MAKERS and staff will develop a list of mutually agreed-upon materials/graphics, achievable for the time
allocated to this task, that will provide an overview of the types of development regulation changes the
project will explore and ways to meaningfully engage with the options to inform the draft ordinance. These
materials can be used to help communicate HB 1110 and its implications, convey changes to developers,
staff, and community members, and encourage interaction and feedback/co-creation of the material.
Materials may be a combination of graphics and text, and should be formatted to be published on the City’s
website as well as developed as print materials (info sheets, etc.) for public events.
2.2.PERFORM ENGAGEMENT
Using the materials produced under Task 2.1, MAKERS will lead the facilitation of engagement activities,
potentially including public workshops, targeted engagement interviews, advisory group meetings, or online
surveys, to be mutually agreed on per the assumptions outlined below. MAKERS will likely facilitate up to two
2-hour engagement activities. City staff will identify targeted engagement opportunities and coordinate the
event logistics, including dates, location, presentation format, local promotion and noticing, etc. MAKERS will
coordinate with City staff to develop a list of key discussion questions or desired meeting outcomes. The
number of meetings attended will be based on meeting length, format (virtual vs. in-person), and complexity
(simple interview vs workshop with multiple interactive activities) as budget allows.
2.3. SUMMARIZE RESULTS
MAKERS will prepare the engagement summary report with review from the City.
MEETINGS
Public workshop(s) or open house(s) (if requested and as budget allows)
Stakeholder interviews (if requested and as budget allows)
Focus or advisory group meeting(s) (if requested and as budget allows)
DELIVERABLES
Public engagement materials (number/type of graphics to be mutually agreed on)
Public engagement results for report
Engagement summary report
SCHEDULE
January 2024 – June 2024
EXHBIT 1: SCOPE OF WORK
RENTONMIDDLE HOUSING DEVELOPMENT REGULATIONS
SCOPE OF WORK
January 17, 2024
MAKERS architecture and urban design LLP 3
1/19/2024 9:27 AM
ASSUMPTIONS
Consultant involvement in engagement strategies will be achievable within the project timeline and scaled to
align with the proposed level of effort and available budget.
For materials preparation, assume 8 hours of project manager and 16 hours of support staff time per 1 hour of
engagement activity.
For in-person meeting facilitation, assume 4 hours (to include 2 hour meeting, room set-up/tear-down, and
one-way travel) per staff, plus rental car fee (around $100). For virtual meeting facilitation, assume time in
meeting plus .5 hours for pre-meeting organization and post-meeting debrief.
For surveys, assume 40-60 hours per survey, depending on complexity.
City staff will lead the website and social media efforts.
City staff will lead local promotion and public noticing.
City staff will lead engagement logistics and cover expenses, such as venue securing, food, childcare,
wayfinding, etc.
3 . DEVELO P MIDDLE HO USING DEVELO PMENT REG ULATIO NS
3.1. REVIEW EXISTING REGULATIONS AND DESIGN STANDARDS
MAKERS will provide an overview of existing relevant regulations and the City will review MAKERS’ overview
and include any relevant updates already in progress. MAKERS will evaluate existing development
regulations for needed middle housing related amendments, specifically existing residential development
regulations and design standards. MAKERS will coordinate with City staff and identify updates needed.
3.2. REVIEW C OMMERC E MIDDLE HOUSING ORDINANC E
MAKERS will review Commerce Middle Housing Model Ordinance and supporting resources, and advise staff
during project coordination meetings on how the City can incorporate elements into their code updates.
3 .3 . AUDIT P O LIC IES AND C O DE FO R HB 1110 C O MP LIANC E
City staff will identify, and provide Word documents for, the relevant Comprehensive Plan policies and RMC
sections for MAKERS to audit. MAKERS will perform a policy and code audit to document where
comprehensive plan goals and policies, as well as existing RMC, does not comply with HB 1110. This step
will rely on the outcomes of Tasks 3.1 and 3.2 and form the basis of the code concepts outline developed in
Task 3.4. MAKERS will track suggested changes to Comprehensive Plan policies as part of the audit and
note the rationale for the amendment (e.g., “revised for consistency with HB 1110”).
3.4 . DRAFT DEVELOPMENT REGULATIONS
MAKERS will develop a draft outline of proposed concepts/updates. City staff will review and update the
outline before MAKERS begins drafting amendments. (This may occur on a topic-by-topic rolling basis.)
MAKERS will propose RMC language with tracked changes and note the purpose or rationale for the
amendment (e.g., "Revised for consistency with HB 1110.") MAKERS will develop a working draft of the
Middle Housing development regulation amendments and present to staff during project coordination
meetings. City staff will provide written comments on the draft, and MAKERS will provide one update to the
EXHBIT 1: SCOPE OF WORK
RENTONMIDDLE HOUSING DEVELOPMENT REGULATIONS
SCOPE OF WORK
January 17, 2024
MAKERS architecture and urban design LLP 4
1/19/2024 9:27 AM
draft development regulations. City staff will develop the draft ordinance based on the updated draft that
MAKERS provides.
MEETINGS
Up to 2 Planning Commission meetings
DELIVERABLES
Draft Middle Housing Development Regulations
Compliance summary document
SCHEDULE
July 2024 – March 2025
4. ADOPT MIDDLE HOUSING DEVELOPMENT REGULATION AMENDMENTS
City staff leads this phase of work. MAKERS is not expected to be involved at this stage.
GENERAL ASSUMPTIONS
Hours not fully used for one task or expense may be reallocated to other tasks.
This SOW assumes an 18-month project schedule (Jan 2024-Jun 2025).
The City will provide necessary background information, including existing policies and regulations. To keep the
project on schedule, the City will endeavor to provide information requested within one week from the date of
request.
The City shall keep the consultants apprised of parallel planning efforts or Commerce guidance of consequence
to this project. Any new information arising over the course of the project shall be provided to MAKERS as soon
as feasible. If this new information impacts the content of a substantially developed work product, MAKERS will
endeavor to incorporate such new information into the final work product, if possible, given available time and
budget.
No more than two versions (draft and final) of any deliverable will be provided. The City will distribute materials
for review and coordinate/consolidate internal review comments received.
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.
Project coordination meetings assume virtual participation.
This budget does not cover cost for translation of materials for meetings or language interpretation needed for
meetings. City staff to identify translation and interpretation resources to support community engagement. The
City provides interpretation for synchronous meetings when needed.
EXHBIT 1: SCOPE OF WORK
Attachment #2, Budget
Partner in
Charge
Project
Manager
Planner/Graphi
c Support
(blended rate)
$240 $185 $130
Est. Cost by
Task
1. Middle Housing (MH) Public Engagement Plan 4,090$
1.1 Project initiation 4 4 4 $ 2,220
1.2 Engagement plan 2 2 $ 630
1.3 Management & coordination 1 4 2 $ 1,240
2. MH Public Engagement 21,350$
2.1 Engagement materials 8 28 66 $ 15,680
2.2 Perform engagement 8 8 $ 2,520
2.3 Summarize results 2 6 12 $ 3,150
2.4 Management & coordination $ -
3. Develop MH Development Regulations 24,005$
3.1 Review existing reg's and design
standards 46 4 $ 2,590
3.2 Review Commerce MH ordinance 4 4 $ 1,260
3.3 HB1110 compliance policy/code
audit 4 8 6 $ 3,220
3.4 Draft development regulations 6 35 29 $ 11,685
3.5 Management & coordination 8 18 $ 5,250
4. Adopt MH Development Regulations -$
4.1 PC public hearing $ -
4.2 CC consideration and adoption $ -
4.4 Management & coordination $ -
Total Hours 37 123 137
Subtotal MAKERS 49,445$
Expenses Qty Unit Cost
3 trips for 2 people 3 $ 172 $ 516
Total Project Cost 49,961$
MAKERS
Exhibit 2: Budget
Page 1 of 1
Interagency Agreement with
City of Renton
through
Growth Management Services
Contract Number:
24-63336-134
For
Middle Housing Grant
Dated:
Date of Execution
Exhibit 3: WA Dept of Commerce Grant
Page 1 of 15
________________________________________________________________________________________________________
Page 2 of 15
Table of Contents
Table of Contents........................................................................................................................................ 2
Face Sheet ................................................................................................................................................... 3
Special Terms and Conditions................................................................................................................... 4
1. AUTHORITY ..................................................................................................................................... 4
2. CONTRACT MANAGEMENT ........................................................................................................... 4
3. COMPENSATION ............................................................................................................................. 4
5. SUBCONTRACTOR DATA COLLECTION ..................................................................................... 5
6. INSURANCE ..................................................................................................................................... 5
7. FRAUD AND OTHER LOSS REPORTING ...................................................................................... 5
8. ORDER OF PRECEDENCE ............................................................................................................. 5
General Terms and Conditions.................................................................................................................. 6
1. DEFINITIONS.................................................................................................................................... 6
2. ALL WRITINGS CONTAINED HEREIN............................................................................................ 6
3. AMENDMENTS................................................................................................................................. 6
4. ASSIGNMENT................................................................................................................................... 6
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ................................................... 6
6. COPYRIGHT..................................................................................................................................... 7
7. DISPUTES ........................................................................................................................................ 7
8. GOVERNING LAW AND VENUE ..................................................................................................... 8
9. INDEMNIFICATION .......................................................................................................................... 8
10. LICENSING, ACCREDITATION AND REGISTRATION............................................................... 8
11. RECAPTURE................................................................................................................................ 8
12. RECORDS MAINTENANCE......................................................................................................... 8
13. SAVINGS ...................................................................................................................................... 8
14. SEVERABILITY............................................................................................................................. 8
15. SUBCONTRACTING .................................................................................................................... 9
16. SURVIVAL..................................................................................................................................... 9
17. TERMINATION FOR CAUSE ....................................................................................................... 9
18. TERMINATION FOR CONVENIENCE ......................................................................................... 9
19. TERMINATION PROCEDURES................................................................................................... 9
20. TREATMENT OF ASSETS.........................................................................................................10
21. WAIVER......................................................................................................................................11
Attachment A: Scope of Work .................................................................................................................12
Attachment B: Budget..............................................................................................................................15
Exhibit 3: WA Dept of Commerce Grant
Page 2 of 15
________________________________________________________________________________________________________
Page 3 of 15
Face Sheet
Contract Number: 24-63336-134
Local Government Division Growth Management Services
Middle Housing Grants
1. Contractor 2. Regional Planner
City of Renton
1055 South Grady Way
Renton, WA-98057
Catherine McCoy
Catherine.McCoy@Commerce.wa.gov
3. Contractor Representative 4. COMMERCE Representative
Angie Mathias
Long Range Planning Manager
425-430-6576
amathias@rentonwa.gov
Anne Aurelia Fritzel
Housing Planning Manager
360-259-5216
Anne.Fritzel@commerce.wa.gov
1011 Plum Street SE
Olympia, WA 98504
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$50,000 Federal: State: Other: N/A: Date of Execution June 30, 2025
9. Federal Funds (as applicable)
N/A
Federal Agency:
N/A
ALN
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. UEI #
N/A 0012200-11 177-000-094 N/A
14. Contract Purpose
For activities that support the preparation and adoption of policies and/or codes and other measures specific to implement
middle housing (RCW 36.70A.030(26)) by applicable statutory deadlines.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope
of Work, and Attachment “B” – Budget.
FOR CONTRACTOR FOR COMMERCE
Armondo Pavone, Mayor
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Exhibit 3: WA Dept of Commerce Grant
Page 3 of 15
________________________________________________________________________________________________________
Page 4 of 15
Special Terms and Conditions
1.AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.
2.CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3.COMPENSATION
COMMERCE shall pay an amount not to exceed $50,000 (fifty thousand dollars), for the performance
of all things necessary for or incidental to the performance of work under this Contract as set forth in
the Scope of Work.
4.BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of deliverables provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly nor less than quarterly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number 24-
63336-134.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Contractor must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service. Any payment made by COMMERCE
for costs that are determined to be duplicate, in Commerce’s sole determination, shall be subject to
recapture and may result in suspension or termination of this Contract.
Exhibit 3: WA Dept of Commerce Grant
Page 4 of 15
________________________________________________________________________________________________________
Page 5 of 15
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
5.SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the
portion of Contract funds expended for work performed by subcontractors, including but not
necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
“Subcontractors” shall mean subcontractors of any tier.
6.INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
7.FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8.ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
xx Applicable federal and state of Washington statutes and regulations
x Special Terms and Conditions
x General Terms and Conditions
x Attachment A – Scope of Work
x Attachment B – Budget
Exhibit 3: WA Dept of Commerce Grant
Page 5 of 15
________________________________________________________________________________________________________
Page 6 of 15
General Terms and Conditions
1.DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A.“Authorized Representative” shall mean the Director and/or the designee authorized in writing
to act on the Director’s behalf.
B.“COMMERCE” shall mean the Washington Department of Commerce.
C.“Contract” or “Agreement” or “Grant” means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D."Contractor" or “Grantee” shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E.“Personal Information” shall mean information identifiable to any person, including, but not
limited to, information that relates to a person’s name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and “Protected Health Information” under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F.“State” shall mean the state of Washington.
G."Subcontractor" shall mean one not in the employment of the Contractor, who is performing
all or part of those services under this Contract under a separate contract with the Contractor.
The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2.ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3.AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4.ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be
transferred or assigned by the Contractor without prior written consent of COMMERCE.
5.CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i.All material provided to the Contractor by COMMERCE that is designated as
“confidential” by COMMERCE;
ii.All material produced by the Contractor that is designated as “confidential” by
COMMERCE; and
Exhibit 3: WA Dept of Commerce Grant
Page 6 of 15
________________________________________________________________________________________________________
Page 7 of 15
iii.All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent
of COMMERCE or as may be required by law. The Contractor shall take all necessary steps
to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE
reasonably determines has not been adequately protected by the Contractor against
unauthorized disclosure.
C.Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6.COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE
shall be considered the author of such Materials. In the event the Materials are not considered
“works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right,
title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of
publicity to COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent,
register and the ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
Contractor warrants and represents that the Contractor has all rights and permissions, including
intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to
COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Contractor.
7.DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make
Exhibit 3: WA Dept of Commerce Grant
Page 7 of 15
________________________________________________________________________________________________________
Page 8 of 15
a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the
majority prevailing. The determination of the Dispute Board shall be final and binding on the parties
hereto. As an alternative to this process, either of the parties may request intervention by the
Governor, as provided by RCW 43.17.330, in which event the Governor's process will control.
8.GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10.LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11.RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Contract.
12.RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be
subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
13.SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Contract and prior to normal completion, COMMERCE may
suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten
calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the
new funding limitations and conditions.
14.SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
Exhibit 3: WA Dept of Commerce Grant
Page 8 of 15
________________________________________________________________________________________________________
Page 9 of 15
15.SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person
or entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable
term or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any
breach in the performance of the Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor’s performance of the subcontract.
16.SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17.TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract.
Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of
the need to take corrective action. If corrective action is not taken within 30 calendar days, the
contract may be terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement
contract, e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the Contractor or a decision by
COMMERCE to terminate the contract. A termination shall be deemed a “Termination for
Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform
was outside of his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18.TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Contract for services rendered or goods delivered prior to the effective date of
termination.
19.TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
Exhibit 3: WA Dept of Commerce Grant
Page 9 of 15
________________________________________________________________________________________________________
Page 10 of 15
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case
the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to
agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. COMMERCE may withhold from any amounts due the Contractor such sum as the
Authorized Representative determines to be necessary to protect COMMERCE against potential
loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A.Stop work under the contract on the date, and to the extent specified, in the notice;
B.Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C.Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the
orders and subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts;
D.Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E.Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent
directed by the Authorized Representative any property which, if the contract had been
completed, would have been required to be furnished to COMMERCE;
F.Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G.Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20.TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the
Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of
such property in the performance of this contract, or (ii) commencement of use of such property in
the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole
or in part, whichever first occurs.
A.Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
Exhibit 3: WA Dept of Commerce Grant
Page 10 of 15
________________________________________________________________________________________________________
Page 11 of 15
B.The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of
the Contractor to maintain and administer that property in accordance with sound
management practices.
C.If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D.The Contractor shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this contract.
E.All reference to the Contractor under this clause shall also include Contractor’s employees,
agents or Subcontractors.
21.WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Exhibit 3: WA Dept of Commerce Grant
Page 11 of 15
________________________________________________________________________________________________________
Page 12 of 15
Attachment A: Scope of Work
Grant Objective: Adopt Middle Housing ordinance with a process that includes
public and stakeholder engagement.
Actions/Steps/
Deliverables
Description Start Date End Date
Action 1 Middle Housing Public
Engagement Plan and
Materials
January 2024 February
2024
Step 1.1 Project Initiation January 2024 February
2024
Step 1.2 Develop Public
Engagement Plan
January 2024 February
2024
Step 1.3
Prepare
engagement/informational
materials for the public
related to middle housing.
February 2024 February
2024
Deliverable 1 Middle Housing Public
Engagement Plan and
Deliverables
February 29,
2024
Action 2 Middle Housing Public
Engagement
February 2024 June 2024
Step 2.1
Post informational
materials in the city’s
shopping districts,
community spaces, and
public plazas. City events
will be utilized for public
notice.
February 2024 Ongoing
Step 2.2 Create a webpage utilizing
informational materials.
February 2024 Ongoing
Step 2.3 Perform Engagement. March/April
2024
March/April
2024
Exhibit 3: WA Dept of Commerce Grant
Page 12 of 15
________________________________________________________________________________________________________
Page 13 of 15
Step 2.4 Summarize results.
Develop a report
summarizing public
engagement efforts,
feedback received, and
assessed efficacy.
May/June 2024 May/June
2024
Deliverable 2 Public Engagement
Results for Report and
Engagement Summary
Report
June 15,
2024
Action 3 Develop Middle Housing
Development
Regulations
June/July 2024 February
2025
Step 3.1 Review and evaluate
existing development
regulations and design
standards for needed
middle housing related
amendments
June/July 2024 December
2024
Step 3.2 Review Commerce Middle
Housing Model Ordinance
and other resources
July 2024 February
2024
Step 3.3 Audit policies and code for
HB 1110 compliance
July 2024 February
2025
Step 3.4 Draft Middle Housing
development regulation
amendments
July 2024 February
2025
Step 3.5 Provide briefings to the
Planning Commission and
to City Council’s Planning
and Development
Committee. Briefings to
City Council’s Committee
of the Whole may be
necessary.
June/July 2024 February
2025
Step 3.6 Prepare ordinance for City
Attorney review
February 2025 March 2025
Deliverable 3 Compliance Summary
Document and Draft
Middle Housing
Ordinance
March 31,
2025
Exhibit 3: WA Dept of Commerce Grant
Page 13 of 15
________________________________________________________________________________________________________
Page 14 of 15
Action 4 Adopt Middle Housing
Ordinance
March 2025 June 10,
2025
Step 4.1 Planning Commission
Briefing and Public Hearing
March 2025 March 2025
Step 4.2 Transmit draft Middle
Housing ordinance to the
State for State agency
review (RCW 36.70A.106)
March 2025 April 2025
Step 4.3 Planning Commission
Deliberations and
Recommendation
April 2025 May 2025
Step 4.4 City Council consideration
of Planning Commission
recommendation
May 2025 June 2, 2025
Step 4.5 City Council adoption of
Middle Housing
development regulation
amendment ordinance
May 2025 June 9, 2025
Deliverable 4 Middle Housing
Ordinance
June 9, 2025
Exhibit 3: WA Dept of Commerce Grant
Page 14 of 15
________________________________________________________________________________________________________
Page 15 of 15
Attachment B: Budget
Funds must be invoiced in the appropriate fiscal year (FY1 or FY 2), or they may not be able to be
paid. Please be sure to invoice for all FY 1 by June 30, 2024 and FY 2 by June 30, 2025.
Grant Objective: Adopt Middle
Housing ordinance with a process
that includes public and stakeholder
engagement.FY
Commerce
Funds
Responsible
Party
Deliverable 1. Middle Housing
Public Engagement Plan FY1 – February 29, 2024 $4,773
Consultant
and City of
Renton
Deliverable 2. Public Engagement
Results for Report and
Engagement Summary Report
FY1 – June 15, 2024 $20,000
Consultant
and City of
Renton
Deliverable 3. Compliance
Summary Document and Draft
Middle Housing Ordinance
FY2 – March 31, 2025 $14,672
Consultant
and City of
Renton
Deliverable 4. Draft Middle Housing
Ordinance FY2 – June 9, 2025 $10,000 City of Renton
Total: $49,445
Exhibit 3: WA Dept of Commerce Grant
Page 15 of 15