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HomeMy WebLinkAboutCoulon Swim Beach Improvements RFQ REQUEST FOR QUALIFICATIONS Coulon Park Swim Beach Improvements: Design, Permitting, and Construction Administration Services Coulon Park Swim Beach Improvements RFQ 1 of 6 City of Renton Parks and Recreation September 3, 2024 Submittal Deadline: Friday October 11th, 2024, 12:00 PM (Noon) The City of Renton – Parks and Recreation Department, is soliciting Statements of Qualifications (SOQ) from interdisciplinary teams to provide professional services for the Gene Coulon Memorial Beach Park (Coulon Park) Swim Beach Improvements project. The promenade walk along the swim beach is experiencing cracking and subsiding, while the support wall/bulkhead for the promenade is being undercut, posing safety concerns and non-compliance with ADA accessibility standards (Attachment A – Site Photos). The primary goal of the project is to ensure public safety, ADA compliance, shoreline and structural integrity, and optimal park and recreational functionality, while adhering to environmental sustainability and regulatory requirements for this Lake Washington site. Improvement Objectives: • Identify the source of the promenade subsidence and undercutting of the bulkhead. • Evaluate strategies to stabilize and repair subsiding upland facilities; consider removal or relocation of features if necessary. • Rectify the issues identified and the resulting damage to upland facilities with an emphasis towards long-term sustainability, and a design that gracefully connects/thematically reflects the existing park design and the ecology of Lake Washington. The interdisciplinary team should comprise consultants experienced in site investigations/surveying, permitting, design/engineering, and construction administration. SITE BACKGROUND AND CONTEXT: The project site is located within Coulon Park, which consists of 52 acres along the southeastern shore of Lake Washington. In addition to Coulon’s swim beach, this park includes motorized and non-motorized boat launches, day moorage, bridges/piers, picnic shelters, a playground, sports courts, two restaurants and a trail network that connects to the regional Eastrail trail. The project site includes a predominately sand-swim beach with lifeguard stations, offshore water walk and swim float, concrete promenade atop a bulkhead wall, and adjacent seating/picnicking facilities. Storm drainage infrastructure, predominately small yard drains, are located near the upland picnic shelters (Attachment B – Maps). The City of Renton’s Online Maps and GIS data are available for review. The issues of soil erosion and subsidence were investigated in 2016 through drain line tracking and ground penetrating radar survey, though this study was inconclusive to the cause. Temporary PolyLevel foundation repair occurred in 2017 and subsequent wall patching/shoring has been implemented by Parks Maintenance. The swim beach grades are evaluated annually, and low areas are nourished with washed sand prior to the busy summer season. Coulon Park Swim Beach Improvements RFQ 2 of 6 PRELIMINARY SCOPE OF WORK: The following is a preliminary scope of work that may be modified in coordination with the selected consultant. Task 1 - Project Initiation and Planning • Conduct an initial kick-off meeting to visit the site and review project goals, objectives, and timeline with the City of Renton Parks and Recreation Department • Review background information provided by the City. Task 2 - Detailed Site Investigation and Analysis • Conduct a detailed site survey (potentially including ground-penetrating radar or other subsurface investigation methods) to assess the extent of subsidence, drainage issues, and bulkhead damage. • Perform a comprehensive hydrologic study and evaluation of the existing drainage system. • Provide a geotechnical investigation including soil borings and soil testing. Task 3 - Community Engagement and Stakeholder Communication • Participate in stakeholder meetings to provide updates, gather feedback, and address concerns. • Support onsite and online community engagement strategies to inform park users of the project need, approach, and impacts to park use. Task 4 - Conceptual Design Development/Alternatives Analysis • Develop and evaluate conceptual design alternative solutions, considering construction complexity, cost, permitting, environmental impact, long-term sustainability, and recreation implications. • Prepare a preferred schematic design at a level sufficient for permit applications. Task 5 - Permitting and Regulatory Compliance • Identify necessary permits required for project implementation. • Coordinate with Tribes and Regulatory agencies. • Prepare and submit necessary permit applications. Task 6 - Design/Construction Documents • Engage in design development, and prepare construction documents (plans, specifications, engineering calculations) • Prepare an opinion of probable cost for each stage of design. Coulon Park Swim Beach Improvements RFQ 3 of 6 Task 7 – Bidding Support • Prepare final bid documents. • Attend Prebid meeting. • Respond to contractor questions and prepare addenda that may be required to clarify bid documents. Task 7 - Construction Administration Assistance • Attend a Preconstruction meeting and select Construction Site Progress meetings. • Provide construction oversight, conducting regular site visits to monitor progress, address any unforeseen challenges, and facilitate timely decision-making. • Review and process Submittals and Requests for Information • Review change order proposals • Review Contractor pay applications • Provide a Substantial Completion site walk and punch list • Prepare record drawings based on as-built information provided by Contractor. Task 9 - Project Management and Coordination • Maintain regular communication with the City project manager and interdisciplinary team members to ensure alignment with project goals, schedule, and budget. • Proactively manage risks and resolve any issues that may arise during the project lifecycle. STATEMENTS OF QUALIFICATIONS (SOQs): It is the City’s intent to select a consultant based on team and personnel qualifications, past or current projects of similar function and size, and demonstrated ability to complete work within budget and on time. Once the City has reviewed the qualifications, one or more firms may be requested to provide additional information and/or participate in an interview process. City staff will evaluate the SOQs and select the most qualified firm(s) to proceed with next step in the selection process. The final selection will be based on the written SOQ and interview as determined necessary by the City. Applicants are to limit their submissions to an 8.5x11 page-size PDF with no more than twenty (20) pages total, though additional pages may be used for a front cover sheet and Submittal Requirement #8 (Example of Work). Coulon Park Swim Beach Improvements RFQ 4 of 6 SUBMITTAL DEADLINE: The City must receive Statement of Qualifications by Friday October 11th, 2024 at 12:00 PM (Noon). Submittals after this deadline will be disqualified. Please direct all questions and submit SOQs to Betsy Severtsen, Capital Projects Coordinator via email: bsevertsen@rentonwa.gov. SUBMITTAL REQUIREMENTS: 1) Front Cover (Optional) - The Cover Page will not count towards the SOQ submittal page limit. 2) Letter of Interest – The letter should briefly summarize the team’s qualifications and experience relevant to the scope. A principal or officer of the firm authorized to execute contracts or other similar documents on the consultant’s behalf must sign the letter. 3) Project Understanding – Explain your understanding of the project, components, and challenges. 4) Project Approach – Based on your understanding of the project, explain how your team’s approach will provide the best outcome. Describe how your approach to this project fits into the preliminary scope of work described in this RFQ, and if you have any suggested additions/deletions, or any other concerns with the proposed scope. Provide a preliminary schedule describing the timing of tasks and deliverables. 5) Project Team – Describe your project team and why it is the best fit for this project. At a minimum, address the following items in your response: a) Provide a list of key personnel indicating their specific role for this project and clearly identify your Project Manager. b) Evidence of project team’s ability to perform the required services including a professional resume for each of the named key personnel, indicating the extent of their experience on projects related to this type of work. c) Outline your entire project team’s experience working together on projects of similar scope and size. For each example project presented, indicate the team members and their role. d) Provide a representative list of clients for your team for projects related to this type of work. For at least three of the clients, provide reference names, phone numbers, and email addresses. 6) Project Management Approach – Describe your project management approach and project coordination with subconsultants, if applicable. 7) Quality Control – Describe your team’s quality control and quality assurance measures/processes. 8) Example of Work – Provide a copy of one recently produced product that is relevant to this project. The Example of Work will not count towards the SOQ submittal page limit and can be provided via an electronic link or as a separate PDF. Coulon Park Swim Beach Improvements RFQ 5 of 6 CONSULTANT EVALUATION CRITERIA: Respondent’s SOQ will be evaluated based upon the criteria listed in this section. In preparing the SOQ, it is important to clearly demonstrate expertise in the areas described in this document. The SOQ must demonstrate expertise and teams must have available, adequate, experienced personnel in all scope areas described either through in-house staff or with sub-consultants. Evaluation of responses to this RFQ will be based only on the information provided in the SOQ package and if applicable, during interview and reference review processes. The City reserves the right to request additional information or documentation from any firm regarding its SOQ document, personnel, or other items in order to complete the selection process. The following criteria will be utilized to evaluate the qualifications of each team: Evaluation Criteria a) Project Staff Qualifications on Relevant Projects b) Firm/Team Experience on Relevant Projects and experience working with each other. c) Project approach The project team selected by the City will be required to enter into a standard City of Renton Professional Services Agreement prior to commencing work on the project (see Attachment C). Project teams are encouraged to ask questions ahead of responding to the RFQ if they have concerns with the Agreement terms/conditions. SUBMISSION REQUIREMENTS: 1) All SOQs received will become the property of the City and subject to the Washington State Public Records Act (RCW 42.56). 2) The City reserves the right to waive as informally any irregularities in SOQs and/or to reject any or all submittals. SELECTION PROCESS: 1) The selection committee will evaluate, rate, and score each SOQ, according to the criteria listed above, and may conduct reference checks as part of the process. 2) This solicitation does not obligate the City to award a Contract to any respondent. At its option, the City reserves the right to waive as informality any irregularities in the SOQs and/or to reject any or all submittals. 3) The City reserves the right to request clarification of information submitted, and to request additional information from any firm. 4) The City shall not be responsible for any costs incurred by the firm in preparing, submitting, or presenting its response to the RFQ. Coulon Park Swim Beach Improvements RFQ 6 of 6 5) Once the City has completed the review process and has determined the most qualified firm, it will negotiate a scope of work, performance schedule, and compensation amount to be included in the professional services agreement. 6) Approximate Selection Timeline: Proposer’s Conference / Site Visit (Optional)1 Monday September 16th, 2:00 PM Clarification Questions Due Monday September 23rd, 5:00 PM Question Responses Provided by City Friday September 27th SOQ Deadline Friday October 11th, 12:00 PM (Noon) SOQ Review Complete and Interviews (as required) Week of October 21st Notice of Intent to Award Week of October 28th Contract Executed and Notice to Proceed December 2024 ADMINISTRATIVE INFORMATION: 1) Minority-owned and Women-owned Business Enterprises: The City strongly encourages minority owned and women owned businesses, socially and economically disadvantaged business enterprises, and small businesses to respond to this RFQ, to participate as partners, or to participate in other business activity in response to this RFQ. 2) Basic Eligibility: Any successful firm must be licensed to do business in the State of Washington, the City of Renton, and must have a state Unified Business Identifier (UBI) number. In addition, the successful firm must not be debarred, suspended, or otherwise ineligible to contract with the City. 3) Approval of Sub-Consultants: The City retains the right of final approval of any sub-consultant of the selected firm, the prime consultant must inform all sub-consultants of this provision. 4) Documents Produced: All project drawings, reports, specifications, and other documents produced under Contract to the City shall become the exclusive property of the City. END OF REQUEST FOR QUALIFICATIONS 1 Site visit location at 1267 Coulon Beach Acrd, Renton, WA 98057 Parks & Recreation Department Attachment A: Coulon Swim Beach – Site Photos Project Site panorama Timber shoring along bulkhead Promenade cracking, subsidence Project site view from picnic shelter 2,400 200 WGS_1984_Web_Mercator_Auxiliary_Sphere Attachment B: Coulon Swim Beach - Utilities Notes Legend 136 0 68 136 Feet All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. Parcels Network Structures Public Access Riser Private Access Riser Public Inlet Private Inlet Public Manhole Private Manhole Public Utility Vault Private Utility Vault Public Clean Out Private Clean Out Public Unknown Private Unknown Discharge Point Public Discharge Point Private Discharge Point Pipe Flow Direction Pipe Public Pipe Private Pipe Public Culvert Private Culvert Public Roofdrain Private Roofdrain Lift Station Wastewater Manhole Wastewater Pressurized Main Renton Private Pipe Flow Direction Wastewater Gravity Main Renton Private Streets Points of Interest Parks Waterbodies 2021.sid Red: Band_1 Green: Band_2 Blue: Band_3 GIS Data: www.rentonwa.gov/cms/One.aspx? portalId=7922741&pageId=12275634 2,400 200 WGS_1984_Web_Mercator_Auxiliary_Sphere Attachment B: Coulon Swim Beach - Environmental Notes Legend 136 0 68 136 Feet All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. Parcels Trees Environment Designations Natural Shoreline High Intensity Shoreline Isolated High Intensity Shoreline Residential Urban Conservancy Jurisdictions Streams (Classified) GIS Data: www.rentonwa.gov/cms/One.aspx? portalId=7922741&pageId=12275634 AGREEMENT FOR COULON SWIM BEACH IMPROVEMENTS THIS AGREEMENT, dated for reference purposes only as Month XX, XXXX, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Click here to enter text. (“Consultant”), Click here to enter text. 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 Click here to enter text. as specified in Exhibit Click here to enter text., 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 in Exhibit A 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 A. All Work shall be performed by no later than Click here to enter text.. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $Click here to enter text., 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 A. 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 Click here to enter text.. 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 is performed, the Consultant shall submit a voucher or invoice in a form 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 Attachment C PAGE 2 OF 10 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 City after 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. 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 Attachment C PAGE 3 OF 10 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, Bridge and 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. 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 Attachment C PAGE 4 OF 10 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 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. Attachment C PAGE 5 OF 10 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. 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 Attachment C PAGE 6 OF 10 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 control occur, 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 Project Manager Name 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-XXXXXXXX E-mail Address Fax: (425) 430-XXXXXXXX CONSULTANT Project Manager Name Street Address City, State Zip Phone: (XXX) XXX-XXXX E-mail Address Fax: (XXX) XXX-XXXX Attachment C PAGE 7 OF 10 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. 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 Attachment C PAGE 8 OF 10 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 Enter name of Contract/Project Manager. 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 the 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. 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 Attachment C PAGE 9 OF 10 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 Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. Attachment C PAGE 10 OF 10 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. 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:____________________________ Enter Signer’s Name Enter Signer’s Title Enter Signer’s Name Enter Signer’s Title _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Enter City Attorney Name Enter City Attorney Title Contract Template Updated 5/21/2021 Attachment C