HomeMy WebLinkAboutFull RFQ - Renton Senior Activity Center ProjectRequest for Statement of Qualifications
Architectural and Design Services
for Renton Senior Center
(HVAC, Roofing, & Siding)
Public Works Department
SOQ No. CAG TBD
March 2025
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD Page i 03/07/2025
Section Table of Contents Page No.
1.0 SOQ Invitation ............................................................................................................... 1
2.0 SOQ Requirements ....................................................................................................... 1
3.0 Contract Overview ........................................................................................................ 3
4.0 SOQ Submittal Instructions ......................................................................................... 5
5.0 Selection Process ......................................................................................................... 5
6.0 Negotiation Process ..................................................................................................... 5
7.0 Funding Source ........................................................................................................... 5
8.0 Socioeconomic ............................................................................................................. 5
9.0 System for Award and Management ........................................................................... 6
10.0 Certification Regarding Federal Debarment and Suspension Status ....................... 6
11.0 Administrative Information .......................................................................................... 6
List of Exhibits
A: Scope of Work
B: Project Approach Chart
C: Statement of Qualifications Certification
D: Forms
E: SOQ Evaluation Criteria
F: City of Renton A&E Professional Service Agreement Template
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD Page 1 03/07/2025
1.0 SOQ Invitation
A.The City of Renton requests Statement of Qualifications from firms interested in
providing services for Remodel of the Renton Senior Center HVAC, Roofing, and
Exterior Siding described in the Scope of Work, (see Exhibit A).
RSOQ Issued:
Pre-SOQ Conference / Site
Walkthrough:
11th March 2025
25th March 2025, 10AM-12Noon Renton Senior Center
This conference is not mandatory.
SOQ Due Date:
Potential Consultant
Interviews:
16th April 2025 (4PM)
Week of 21st April 2025
SOQ Submittal: Email to Project Representative
Project Representative: Edward Grube, egrube@rentonwa.gov 206-475-0662
Backup Representative: Jeffrey Minisci, jMinisci@rentonwa.gov 425-766-6159
Estimated
Budget: $350,000
Estimated Period
of Performance: 6 Months
2.0 SOQ Requirements
A.SOQ Submittal. Proposers shall submit the SOQ to the City of Renton per the process,
time, and date set forth above. Late SOQs will not be accepted or considered.
1.The City of Renton reserves the right to reject any and all SOQs at any time.
The city may cancel this procurement at any time, even after the issuance of
the Notice of Intent to Award.
2.All costs incurred in the preparation of a SOQ and participation in this SOQ and
negotiation process shall be borne by the proposing firms.
B.Clarifications and Addenda. The Project Representative is the City’s single point of
contact regarding this solicitation. Submit all inquiries in writing via email to the Project
Representative and the Backup Project Representative at least four business days before
the SOQ Due Date. No verbal answers by any City personnel or its agents will be binding
on the city. Clarifications by the City will be in the form of a written Clarification.
Clarifications will be transmitted to responders. Changes to the SOQ will be in the form of
written Addenda. Addenda will be posted.
C.Notifications. Proposers must notify the Project Representative of any changes to their
SOQ throughout the period it is under consideration, until the contract is executed.
D.Direct all questions to the Project Representative.
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD Page 2 03/07/2025
E.Organizational Conflicts of Interest. An organizational conflict of interest is a situation
where because of activities, relationships, or contracts, a consultant may possess an
unfair competitive advantage. If an organizational conflict of interest exists, the city may
prohibit consultants, subconsultants, and/or personnel from participating in this
procurement/project. Firms that believe there may be a potential conflict of interest
because of previous or concurrent work with The City of Renton (or any other related
third- party work) may seek a written determination from The City of Renton regarding
the firm’s eligibility to propose. City of Renton’s written response will be binding.
1.Submit written requests to the Project Representative identified in Section 1 .0 -
SOQ Invitation).
2.Subconsultants to potential prime proposers may seek similar determinations, but
the required information must be submitted to The City of Renton through a
potential prime consultant. Written requests must include the following information:
a.A detailed description of the specific scope of the previous or concurrent
work and how it relates to the specific scope of work to be performed by
the firm for upcoming work.
b.The identification of any personnel that will be used on the current scope of
work that also were involved in the previous or concurrent work and their
respective roles on each.
c.A detailed explanation regarding why the firm believes there is no
conflict of interest that would preclude the firm from performing the
scope of work; and
d.Any internal measures that the firm proposes to implement to
eliminate any potential or perceived conflict of interest that would
preclude the firm from performing the work.
F.Ex Parte Communications. Proposers are expected to conduct themselves with
professional integrity and to refrain from lobbying activities. During the procurement
process, commencing with the issuance of the SOQ and continuing until the award of a
Contract for the project (or cancellation of the procurement) no employee, member,
agent, vendor, advisor, or consultant of any Responder shall have ex parte
communications, directly or indirectly, regarding this procurement with any representative
or elected official of the City involved in this procurement, except for communications
permitted by this SOQ. Any verified allegation that a Responder or team member has
engaged in such prohibited communications or attempted to unduly influence the
selection process may cause the City to disqualify a Responder or a member of a
Proposer’s team from participating in this process, all at the sole discretion of the City.
G.Commitment of Firms and Key Personnel. The City expects all firms and Key Personnel
proposed will be available to provide services for this contract. When a member of the
Proposer’s team is no longer participating in the SOQ, a Responder must notify the
Project Representative in writing and provide a detailed explanation and proposed
remedy for the lack of availability. The City shall thereafter make a determination as to
whether that Responder may continue to compete in the selection process. Any
substitution request considered by the city may require a rescoring and/or re-ranking of
the SOQ. The City will only consider substitutions based on circumstances beyond the
Proposer’s control.
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for Architectural and Design Services
CAG No. TBD Page 3 03/07/2025
H.Public Disclosure of SOQs. All submittals/SOQs received will become the property of
the City and are considered public records and subject to the Public Records Act,
Chapter 42.56 RCW.
3.0 Contract
A.Example contract.
1.Exhibit F contains the City of Renton A&E Professional Services Agreement
template which will be utilized for this scope of work.
4.0 SOQ Submittal Instructions
A.SOQ Submittal.
1.The Responder shall email the SOQ to the Project Representative as a single
document in PDF format.
B.SOQ Format.
1.The SOQ shall comply with the following format requirements:
a.SOQs should be concise, legible, and provide all the information requested.
b.Page size of the SOQ shall be 8½” by 11”. A “page” is defined as one
single-side of a document that has written text or graphics. The Project
Approach Chart (PAC) shall be completed using the Microsoft Excel
spreadsheet provided, and then inserted into the SOQ as a PDF, (see
Exhibit C). The PAC and Project Schedule shall be separate 11” by 17”
pages. For purposes of the page count, the 11” by 17” PAC shall count as
one page; the 11” by 17” Project Schedule shall count as one page. No
additional written text or graphics shall be included on the PAC or Project
Schedule.
1)No written text or graphics shall be incorporated on dividers
used to organize the SOQ.
2)Indexes or tables of content shall be included in the page limit.
c.SOQ shall be limited to a maximum of 15 pages. All pages that exceed
the specified page limit will be removed prior to evaluation.
1)The following parts of the SOQ are not included in the page limit:
•Cover of the SOQ
•Transmittal Letter
•Resumes
•Statement of Qualification Certification form (Exhibit C)
•Exhibit D Forms
d.Each resume shall not exceed two pages. All pages of a resume that
exceed the specified page limit will be removed prior to evaluation.
e.The city may waive minor informalities and irregularities in the format of
a SOQ.
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for Architectural and Design Services
CAG No. TBD Page 4 03/07/2025
C.SOQ Contents
1.SOQ Transmittal Letter. The SOQ Transmittal Letter is not included in the page
limit. It should contain the following information:
a.SOQ title and number.
b.Proposer’s name, mailing address, contact person, email address,
and telephone numbers.
c.Proposer’s Washington State Department of Labor & Industries
Unified Business Identifier (UBI) number and Unique Entity
Identifier.
d.Complete list of proposed subconsultants, if any, with each firm’s
mailing address, contact person, email address, and telephone
number; and
e.Name and contact information of person who will be providing
requested financial documents if awarded the contract.
2.Statement of Qualifications Certification. Submit Exhibit C, Statement of
Qualifications Certification, signed by an authorized representative of the
Proposer. The Certification is not included in the page limit.
a.Failure to include a signed Statement of Qualifications Certification shall
deem the SOQ non-responsive and be rejected.
3.Response to Evaluation Criteria. Address the evaluation criteria and provide
all information identified in Exhibit E, SOQ Evaluation Criteria.
4.Exhibit D, Forms. Complete and return the forms identified in Exhibit D
with the SOQ, as applicable.
5.0 Selection Process
A.All responsive SOQs will be evaluated by an Evaluation Panel in accordance
with the criteria specified in Exhibit E, SOQ Evaluation Criteria. As part of the
evaluation process, The City of Renton may contact references and consider
responses provided.
1.At the City’s option, interviews may be held.
a.The city may choose to use different criteria for the interview.
b.Failure of a Responder or any proposed team member to
participate in the interview process may result in the
Proposer’s disqualification from further consideration.
c.If interviews are conducted, combined SOQ and interview
criteria will determine the final ranking.
B.Address the CDBG requirements and provide all information identified in Exhibit
F, Attachment A “Housing and Community Development Division
Supplemental Consultant Contract Conditions”.
C.The City reserves the right to request clarification of information submitted and to
request additional information from any Consultant.
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for Architectural and Design Services
CAG No. TBD Page 5 03/07/2025
D.The City reserves the right to stop negotiations and award the contract to the next
most qualified consultant at any time if the successful candidate Consultant does
not execute a contract within the time established by the City from the date of the
Notice of Intent to Award.
E.The City shall not be responsible for any costs incurred by the Consultant in
preparing, submitting, ore presenting its response to the RFQ.
F.The final selection, if any, will be the firm which in the opinion of the city, best
meets the requirements set forth in this SOQ and is determined to be the most
highly qualified.
6.0 Negotiation Process
A.After the selection of the most qualified firm, the City will enter negotiations with that firm
to finalize the Fixed Professional Fee, Scope of Work, Project Schedule, and Total Price.
If the City is unsuccessful in negotiating these matters with the selected Consultant, the
City reserves the option to terminate negotiations and proceed with another firm.
B.All necessary information and forms for the negotiation process shall be provided to the
Consultant by the Project Representative after the Notice of Intent to Award has been
issued. Such information shall include but not be limited to: Consultant Disclosure Form
(if applicable), IRS W-9 Request for Taxpayer Identification Number and Certification,
financial documentation, Level of Effort template, and Scope of Work.
7.0 Funding Source
A.This Project will be funded in part with Federal Community Development Block Grant
(CDBG) Funds.
a.
1.Address the CDBG requirements and provide all information identified in Exhibit F, Attachment
A “Housing and Community Development Division Supplemental Consultant Contract
Conditions”.
2.Comply with Title I of the Housing Community Development Act of 1974
3.Reduce Greenhouse Gas Emissions in accordance with RCW 70.235.070
4.Will comply with HUD Notice CPD-2023-12 “CPD Implementation Guidance for the
Build American, Buy America Act’s domestic content procurement preference as part of
the Infrastructure Investment and Jobs Act.”
8.0 Socioeconomic
A.Prime Consultant Requirements: If subcontracts are to be let, the prime contractor is
required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure
that small and minority businesses, women’s business enterprises, and labor surplus
area Consultants are used when possible.
9.0 System for Award Management (SAM)
A.To become a prime consultant for this project, the Consultant shall be registered with the
System for Award Management (SAM) prior to the award of this contract. The
Consultant shall maintain an active and up-to-date SAM registration throughout the
duration of this contract.
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD Page 6 03/07/2025
B.The Consultant is responsible for ensuring the accuracy and completeness of their SAM
registration. Any changes to the registration information must be promptly updated in
SAM. Failure to maintain an active and accurate SAM registration may result in contract
non-compliance and may impact the Consultant's eligibility for award, continuation, or
payment under this contract.
10.0 Certification Regarding Federal Debarment and Suspension Status
A.“Consultant affirms that neither it nor its principals nor its subcontractors and their
principals: (1) are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from the award of contracts by any federal department
or agency; (2) have within a 3-year period preceding any partially or wholly federally
funded contract been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) contract or subcontract; been in
violation of federal or state antitrust statutes, or been convicted of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property; or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in (2)
above; and, (3) have within a 3-year period preceding an award of any partially or wholly
federally funded contract, had one or more contracts terminated for cause or default by
any federal or state agency. Consultant further promises that if it or its principals in the
future are debarred or suspended from eligibility of award by the federal government that
it shall within 3 days notify the City of such change in status.”
11.0 Administrative Information
A.Basic Eligibility
B.Approval of Sub-Consultants
C.Document Produced
D.City Contract
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Exhibit A – Scope of Work
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Introduction
Project Overview
The City of Renton – Public Works Department, (“City”), is soliciting Statement of Qualification for
Architectural and Design for the remodel of the City’s Senior Activity Center HVAC, Roof, and Exterior
Siding Replacement. The Senior Activity Center building is owned by the city and is located at 211
Burnett Ave N, Renton, Washington 98057. The City’s requirements are outlined in the following Request
for SOQ (SOQ).
Senior Activity Center
The city desires the evaluation and replacement of HVAC, Roof, and Exterior Siding for the remodel of
the Senior Activity Center. The Senior Activity Center houses the Parks and Recreation Department that
facilitates the building programs and the Facilities Department who facilitates the maintenance of the
building.
The city envisions the remodeled of the Senior Activity Center to extend the building usage for the cities
Senior Citizens and Staff for the foreseeable future.
Request for Quotation Information
Schedule
The city proposes the following major milestone schedule:
Milestone Date
Issue RSOQ 11th March 2025
Pre-SOQ Conference and Site visit 25th March 2025 (10AM – 12Noon)
Questions due to City 28th March 2025 (4PM)
Responses to Questions Posted 4th April 2025
Due Date 16th April 2025 (4PM)
Potential Consultant Interviews Week of 21st April 2025
Select Consultant 1st May 2025
Contract Finalization June 2025
Kick Off Project July 2025
Reference Documents
•As-Built Plans - Renton Senior Center 6/2/78
•FEMA Flood Plain Map – Senior Center
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Scope of Work
Goals and Objectives
The selected firm will provide all necessary professional design services. Architectural and engineering
design, permitting (including entitlements), and Project Management for the Renton Senior Center.
Deliverables
Task 100 – Project Management
The Consultant shall organize, manage, and coordinate the disciplines required to accomplish the work.
The Consultant will be expected to coordinate its work with efforts performed by City staff and other
consultants or contractors. The Consultant shall provide project management and project coordination
services to facilitate efficient progress of the work. The Consultant shall provide Project Management and
Coordination Services including but not limited to:
1.Progress reporting, including a status update of the active work with comparison of planned
versus actual schedules, planned versus actual expenditures, and earned value.
2.Project management and coordination.
A.Perform general administration tasks.
3.Meeting organization, facilitation, and documentation.
A.Facilitate four monthly project meetings, one meeting monthly with three (3) Consultant
team members in attendance per meeting.
4.HUD / Federal Environmental Review
5.Historic Preservation Review
A.Department of Archaeology and Historic Preservation (DAHP) Requirements
6.Grant Requirements Coordination
A.Grant Compliance Review
•Review and understand all specific grant requirements, including eligible
expenses, reporting deadlines, and design criteria.
•Ensure all phases of the project meet grant-funded scope and objectives.
•Maintain documentation to demonstrate compliance with grant conditions.
B.Design Alignment with Grant Guidelines
•Ensure the design meets any specific grant-mandated standards or
specifications (e.g., sustainability requirements, accessibility guidelines).
•Include features required by the grant, such as energy-efficient systems or
specific materials.
C.Reporting and Documentation
•Prepare and submit required reports to the granting agency at project
milestones (e.g., progress reports, budget reports).
•Provide grant documentation support, including detailed cost tracking for
reimbursable expenses.
•Maintain a grant compliance file for auditing purposes.
D.Grant Closeout Support
•Assist in preparing the final grant report, including completion certification,
final budget reconciliation, and required photos or drawings.
•Ensure final deliverables meet grant requirements for reimbursement and
project sign-off.
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
7.Develop overall project schedules, budgets, and work breakdown structures (WBS).
A.Perform scheduling functions, including preparing and maintaining critical path method
(CPM) schedules, schedule reviews, schedule variance reporting, cost and resource
loading of schedules, and regular schedule updates.
B.Schedule is to be created and maintained in Microsoft Project software.
C.Perform earned value (EV) management planning and reporting, including determining an
efficient way to track EV.
D.Budgets need to be broken down into 3 Specific Budget lines: Roof, HVAC, and Siding.
8.Other Federal / State Regulations
Assumptions:
1.City will provide a level one schedule as a starting basis.
Deliverables:
1.Four monthly progress reports, including description of work accomplished and percentage
completed. Budget revision recommendations. Earned value reports.
2.Team organization charts and phone contact lists.
3.Meeting agendas and notes, with revisions as required.
4.Bid Process Support
5.Schedule updates, Schedule analysis/variance reports, prepared using MS Project software.
6.Project Closeout Phase
a.Record Drawings & Documentation; review and finalize As-Built drawings,
assemble, and deliver all project documentation, including warranties, operation
manuals, and maintenance information.
b.Post-Occupancy Support
Task 200-Concept Design Development shall include:
1.The Consultant will facilitate one (1) kickoff meeting at City’s office to initiate the Concept Design
Development. The Consultant will attend and facilitate the meeting. The Consultant will attend
and facilitate the meeting. Presentation, Meeting Minutes and Action Items for these meetings will
be prepared by the Consultant.
2. Develop plans for the equipment/building envelope replacement for the HVAC, Roofing, and
Exterior Siding of the senior center. The Consultant will include a report for all 3 items that
explains building code, fire code, mechanical, electrical, plumbing, and soundproofing
modifications that will be required for the replacement items. The report will also include an
evaluation of each item including estimated costs, evaluation, and final selected equipment.
3.The Consultant will facilitate one (1) meeting at City’s office to review concept designs. Provide
one (1) revision for final City approval. The Consultant will attend and facilitate the meeting.
Presentation, Meeting Minutes and Action Items for these meetings will be prepared by the
Consultant.
A.Host a meeting via MS Teams teleconference to review and approve the final concept
design and cost estimate.
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Assumptions:
1. None.
Deliverables:
1.Schematic Design
2.Design Development
3.Construction Documents
4.Permitting Support
TASK 300 – Cost Estimating Services
The Consultant shall provide concept cost estimating services including:
1.Provide cost estimating services as follows:
A.Cost Estimating will be performed for each item in concept design. To include the full cost
of the concept including consultant costs, material cost, permitting and construction costs.
B.Cost Estimates shall be in accordance with the Construction Specifications Institute (CSI)
format.
2.Prepare basis of estimate document which documents the assumptions made, basis of
contingency and unit costs.
3.Cost Estimates need to be broken down into 3 Specific Budget lines: Roof, HVAC, and Siding.
Deliverables:
1.Order of magnitude cost estimates.
2.Basis of Estimate document
3.Construction Documents
Consultant Deliverable Standards
1.The Consultant shall deliver the following products, unless otherwise specified in a particular task,
and shall provide these deliverables in accordance with the following standards and
requirements:
A.Draft and final of any design plans; technical reports; specifications; cost estimates and
technical memos.
B.Electronic copies of all reports, specifications, and technical memos will be in Microsoft
(MS) Office Suite software, Portable Document Format (PDF), and in Construction
Specifications Institute (CSI) format.
C.Electronic copies shall be submitted in both PDF and native formats such as MS Word,
MS Excel, MS Project, and current AutoCAD. PDF files shall be prepared in 600 dpi
resolution.
D.Final Reports: Three (3) bound printed copies (hereinafter “Reports” include feasibility
studies, technical memoranda, design documents, study reports, and technical
specifications). Reports shall be stamped and signed by a Professional Engineer
registered in the State of Washington.
E.Electronic copy (for monthly reports/invoices and for bound documents).
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
F. Computer-aided-design (CAD) files shall be prepared with AutoCAD Civil 3D, Architectural
3D, MEP, Revit, or current AutoCAD version. It is NOT acceptable to prepare CAD files
with other software such as MicroStation and export to AutoCAD format. Civil 3D will be
used for utility profiles. Clash detection will only be provided for building design (not
anticipated).
G.CAD files, except the final versions, may be submitted on media via SharePoint, USB
drive or other electronic media, as approved by the Project Representative (PR).
H.Final CAD files shall be submitted via USB or other media approved by the PR.
I.Electronic copies of plans will be in both 3D AutoCAD and PDF. CAD files shall be
prepared for full-size printing in “D-size” or 22” x 34” format.
J.Drawings will be stamped and signed by a Washington State licensed
Engineer. Drawings will be stamped “NOT FOR CONSTRUCTION” or PRELIMINARY.
K.Technical Specifications and Cost Estimates shall be in accordance with the (Construction
Specifications Institute) CSI format.
L.Meeting agendas two (2) business days prior to scheduled meetings or workshops.
M.Meeting/workshop notes within two (2) business days following the event.
N.Updated Action/Decision Logs two (2) business days after each team meeting.
O.Permit applications two (2) weeks prior to scheduled submittal for review.
P.All survey elevation data shall be in North American Vertical Datum of 1988 (NAVD88)
Datum.
Q.Project submittals shall be defined under each task.
2.The Consultant shall host cloud-based Bluebeam sessions for City’s staff to review and comment
on the design documents. The Consultant will provide documentation that all comments have
been addressed within fourteen (14) days from receipt of the comments. Each comment response
shall describe how the comment will be incorporated into the final document and the reason why
if a comment is rejected. Each comment response will be reviewed with City’s Project
Representative (PR) to reach consensus on resolution.
3.Consultant shall comply with City’s and other standards, guidelines, and requirements including
but not limited to the following:
A.Means Cost Estimating Guidelines in CSI Format.
4.Quality Assurance and Quality Control
A.The Consultant shall provide peer review at all levels. For each deliverable, the Consultant
shall maintain documentation of their internal review and mark-up of that deliverable as
preparation for submittal. A milestone submittal is not considered complete unless the
required milestone documents and associated internal red-line mark-ups are submitted.
City’s Project Representative will require the Consultant to submit the Consultant’s internal
mark-up (red-lines) or comments developed as part the Consultant’s quality control step.
When internal mark-ups are requested by City in advance, City, at its sole discretion, may
reject the actual deliverable should the Consultant fail to provide the evidence of quality
control. The Consultant shall clearly label each document submitted for quality assurance
as an internal mark-up document. The Consultant shall perform Quality Control/Quality
Assurance on all survey procedures, field surveys, data, and products prior to delivery to
City. If, at any time, during the course of reviewing a survey submittal it becomes apparent
to the State that the submittal contains errors, omissions, or inconsistencies, City may
cease its review and immediately return the submittal to the Consultant for appropriate
action by the Consultant. A submittal returned to the Consultant for this reason is not a
submittal for purposes of the submission schedule.
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Task 400 – Construction Management (CM) – Preliminary Cost Estimate
Construction Management is only for Preliminary Cost Estimate and will not be included in the initial
contract. The Construction Management (CM) shall organize, manage, and coordinate the trades
required for the Construction Phase of the project. The CM be expected to coordinate its work with efforts
performed by City staff and contractors or subcontractors. The CM shall provide construction
management and construction coordination services to facilitate efficient progress of the construction
work. The CM shall provide Construction Management and Coordination Services including but not
limited to:
1.Progress reporting, including a status update of the active work with comparison of planned versus
actual schedules, planned versus actual expenditures, and earned value.
2. Construction management and coordination.
a.Perform general administration tasks.
b.Schedule & Budget Monitoring
c.Quality Control
d.Request for Information (RFI) Management
e.Change Order Management
f.Submittal & Shop Drawing Review
3.Meeting organization, facilitation, and documentation.
a.Facilitate monthly project meetings with construction site supervisor in attendance per
meeting.
4.Cost Estimates need to be broken down into 3 Specific Budget lines: Roof, HVAC, and Siding.
Overall construction management from start to finish.
Deliverables:
1.Monthly progress reports, including description of construction work accomplished and percentage
completed.
2.Team organization charts and phone contact lists.
3.Meeting agendas and notes, with revisions as required.
4. Construction Schedule updates and reports.
5.Project Closeout Phase
a.Substantial Completion & Punch List; conduct substantial completion inspections, prepare
and issue a detailed punch list, and verify completion of punch list.
b.Final Inspection; conduction final inspection to confirm completion
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Schedule of Values
The final agreement shall include all project costs, fee schedules and sub-consultant fee schedules.
Task No. Task Description Cost
100 Project Management
200A Concept Development HVAC
200B Concept Development Roof
200C Concept Development Exterior Siding
300A Cost Estimating HVAC
300B Cost Estimating Roof
300C Cost Estimating Exterior Siding
400** Construction Management
Total Cost
**Task 400 are for Preliminary Cost Estimates for the Construction Management and not included
in the initial Contract and will be added later.
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Exhibit B –
Project Approach Chart
Exhibit B - Project Approach Chart (PAC) SOQ #: CAG TBD
Title: Architectural and Design Services for
Renton Senior Activity Center
KEY PERSONNEL (hours)
Project
Manager
Lead Civil
Engineer
Lead
Electrical
Engineer
Living
Building
Challenge
Lead
Task #Task Title % of Total
Effort
Firm
Name
Firm
Name
Firm
Name
Firm
Name
Firm
Name
Firm
Name
Total
%
Name Name Name Name
100 Project Management
200A Design Development HVAC
200B Design Development Roof
200C Design Development Exterior
Sidi300ACost Estimate HVAC
300B Cost Estimate Roof
300C Cost Estimate Exterior Siding
400 Construction Management
0%
= required field
Total
Prime Sub1 Sub2 Sub3
Sub4 Sub5
0%
0%
0%
0%
0%
0%
0%
0%
0%
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Exhibit D –
Forms
Exhibit D - Forms
The following form must be completed and submitted by all Proposers with their Proposals.
1.Statement of Qualifications Certification
The following forms must be completed and submitted by all Proposers with their Proposals.
Proposals with incorrect or missing forms may be determined to be non-responsive.
1.Certification for Contracts, Grants, Loans, and Cooperative Agreements
To be completed by Prime and all Subconsultants
2.Disclosure Form to Report Lobbying – Standard Form LLL
IF Prime or Subconsultant has lobbying activities to disclose, firm shall submit. If no
lobbying activities to disclose, do not submit form.
3.Consultant's Compliance Statement
To be completed by Prime only
4.Federal Small Business Enterprise Utilization Certification
Prime shall submit a separate form signed by each firm proposed to meet the SBE
Minimum Utilization.
The following forms are required to be submitted by the selected Proposer prior to execution of
the Contract.
1.IRS W-9 Request for Taxpayer Identification Number and Certification
2.Certificates of Insurance
3.City of Renton Responsibility Detail & Attestation Form
CAG TBD Attachment 5
rev 01/26/2022 Forms
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this commitment providing for the United
States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contract Number: CAG TBD
Contract Title: Architectural and Design Services for the Renton Senior Activity Center
Firm Name:
Signature of Contractor’s Authorized Official Date
Name and Title
CAP rev 10/2018 page 1 of 1
DISCLOSURE OF LOBBYING ACTIVITIES OMB Control Number: 4040-0013
Expiration Date: 2/28/2025
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1.* Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2.* Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award
3.* Report Type:
a. initial filing
b. material change
4. Name and Address of Reporting Entity:
Prime SubAwardee
* Name
* Street 1 Street 2
* City State
Congressional District, if known:
Zip
5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime:
6. * Federal Department/Agency:7. * Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant:
Prefix * First Name Middle Name
* Last Name Suffix
* Street 1 Street 2
* City State Zip
b. Individual Performing Services (including address if different from No. 10a)
Prefix * First Name Middle Name
* Last Name Suffix
* Street 1 Street 2
* City State Zip
11.Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which
reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to
the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
* Signature:
*Name:Prefix * First Name Middle Name
* Last Name Suffix
Title: Telephone No.: Date:
Federal Use Only: STANDARD FORM LLL (REV. 7/1997)
Authorized for Local Reproduction
CAG TBD
MAKE EXTRA COPIES AS NEEDED
Federal Small Business Enterprise Utilization Certification
If the County executes a Contract with this Proposer, the Consultant shall ensure that
subcontracts or agreements are executed with the SBE firm identified below.
Disadvantaged Business Enterprise (DBE) firms certified through the Washington State Office
of Minority and Women’s Business Enterprises also qualify as SBE firms and may be counted
toward SBE requirements.
SBE Name
OMWBE
Certification
Number
Project Role
(Prime or
Sub)
Description of Work
Percent to be
applied
toward SBE
requirement*
*In the event that the utilization commitment in the proposal submittal does not match the sum of percentages
listed on the SBE Utilization Certification forms, the SBE Utilization Certification forms shall take precedent.
As an authorized representative of the Small Business Enterprise (SBE), I confirm that we
have been contacted by the referenced Proposer with regard to this project and if the Proposer
is awarded the Contract we will enter into an agreement with this Proposer to participate in the
Contract consistent with the information provided herein.
Signature of Certified SBE Firm Owner or
Authorized Representative:
Printed Name:
Title:
Date:
Rev 01/2021
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Exhibit C –
Statement of Qualification Certification
Renton Senior Center SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Statement of Qualifications
The undersigned is authorized to execute this certification on behalf of the Responder and
certifies on the Proposer’s behalf that the information presented in this Statement of Qualifications
is a complete and accurate statement of facts and that the Responder has the financial capability,
including obtaining the required insurance coverages to perform the work which is the subject of
this solicitation. The Responder further certifies that it knows of no personal and/or organizational
conflicts of interest prohibited under federal, state, and local law.
The Responder certifies that they have read the terms and conditions, and this Proposal is
submitted in accordance with this solicitation and all issued addenda, and that the Responder
agrees to be bound by the same.
Firm Name
Signature
Printed Name
Title
Date
Renton Senior Center Remodel SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Exhibit E –
SOQ Evaluation Criteria Forms
BCS 03/07/2025
SOQ Evaluation
Evaluaiton
Consultant’s SOQ will be evaluated based on the criteria listed in this Appendix. In preparing
the Response, it is important to clearly demonstrate expertise in the areas described in this
document. The Response must demonstrate expertise and firms must have available
adequate, experienced, personnel in all areas described in the appropriate discipline either
through in-house staff or with sub-consultants. No preference will be given for previous City
projects.
Firms are encouraged to identify and clearly label in their Response how each criterion is being
fully addressed. Evaluation of responses to this Request for Statement of Qualifications will be
based only on the information provided in the Response package, and if applicable, during an
interview and reference review process. The City reserves the right to request additional
information or documentation from the firm regarding its Response documents, personnel, or
other items, in order to complete the selection process.
The following criteria will be utilized to evaluate the qualifications of each firm:
A.Qualification and Experience – Prime and Sub-Consultant experience of relevant
projects; key personnel experience on relevant projects.
B.References - Complete all the information requested in Attachment 3 - A list of references
(including contact name and telephone number) of at least three (3) completed recent
projects.
C.Project Approach - Provide a narrative which shows your firm’s understanding of the
project’s requirements.
D.Project Management - Describe the timeline and milestones for the collection, review and
download of the condition assessment data.
E.Cost - Please include your itemized cost Response.
F.Technical Requirements - Provide information that describes the technical aspects of the
condition assessment.
G.Response Quality - The City will evaluate the team’s demonstrated ability to communicate
effectively in a variety of settings, including the quality of this Response. The City will
evaluate the Response structure and format, readability, clarity, typographical and
grammatical errors, use of graphics, and ability to extract relevant information.
BCS 03/07/2025
Attachment 1: Form 1
BCS 03/07/2025
Company Name: _____________________________________
Company Address: _____________________________________
City, State, Zip: _____________________________________
Phone No: _____________________________________
Email address: _____________________________________
Response to RFQ:
Response
In response to the City’s Request for Response, we offer the following table of contents:
I.Cover Letter
Signed by Consultant representative authorized to bind the proposing firm
contractually.
II.Table of Contents
III.Executive Summary
A one-page high-level overview of the solution being proposed.
IV.Consultant Contact Information Requirements
Complete all the information requested in Attachment 2.
V.Qualification and Experience
VI.Describe your experience implementing Facility Condition Assessment in a
government setting.
VII. References
Complete all the information requested in Attachment 3- A list of references
(including contact name and telephone number) of at least three (3) completed
recent projects.
VIII.Project Approach
Provide a narrative which shows your firm’s understanding of the project’s
requirements.
IX.Project Management
Describe how your firm intends to manage all aspects of the work to be performed
(as described in section Error! Reference source not found.).
X.Cost
Please include your itemized cost Response.
XI.Appendix for Exhibits
Complete list and samples of requested Exhibits.
Exhibit A: Condition assessment sample reports.
Exhibit B: Sample capital needs analysis.
Exhibit C: Sample consolidated capital needs analysis.
Exhibit D: Sample asset survey of major building systems.
Exhibit E: Draft contract, refer 7.
Exceptions:
Except as noted below, the undersigned hereby agrees to comply with all the terms and
conditions put forth in the City’s Request for Response.
Name: ______________________________ Title: _______________________
Signed: ______________________________ Dated: _____________________
BCS 03/07/2025
Attachment 2: Form 2
BCS 03/07/2025
Company Contact Information Requirements
RFQ Consultant Contact:
Name: __________________________________
Title: __________________________________
Phone #: __________________________________
Email: __________________________________
Name of Parent Co, (if exist):
Address: __________________________________
Phone: __________________________________
Website address: __________________________________
Year Founded: __________________________________
Number of full-time personnel:
Total company __________________________________
Management __________________________________
Support __________________________________
Research and Development __________________________________
Number of total customers: __________________________________
Number of WA state customers: __________________________________
Number of customers “live” utilizing: __________________________________
BCS 03/07/2025
Attachment 3: Form 3
BCS 03/07/2025
Client references
Please duplicate form as needed and provide a minimum of three recent client references.
Client Name: ________________________________
Contact Name: ________________________________
Title: ________________________________
Phone #: ________________________________
Email address: ________________________________
Website: ________________________________
Type of service provided: ________________________________
Client Name: ________________________________
Contact Name: ________________________________
Title: ________________________________
Phone #: ________________________________
Email address: ________________________________
Website: ________________________________
Type of service provided: ________________________________
Client Name: ________________________________
Contact Name: ________________________________
Title: ________________________________
Phone #: ________________________________
Email address: ________________________________
Website: ________________________________
Type of service provided: ________________________________
Renton Senior Center Remodel SOQ Request
for Architectural and Design Services
CAG No. TBD 03/07/2025
Exhibit F –
City of Renton A&E Professional Service Agreement Template
AGREEMENT FOR RENTON SENIOR CENTER
HVAC, ROOF, & EXTERIOR SIDING CONSULTING SERVICES
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 A, which is attached and incorporated herein and may hereinafter be referred to
as the “Work.” [NOTE: the Scope of work should fully describe the services in sufficient detail
to bind the consultant in the event of a dispute. If design or other applicable standards apply
to the work (e.g. City adopted street standards, 2016 WSDOT Standard Specifications, or
applicable professional standards) identify those standards here or in the Scope of Work
exhibit so that the Consultant will be bound to the desired standards. DELETE THIS NOTE].
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 Click here to enter text.
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 Click here to enter text.. All Work shall be
performed by no later than Click here to enter text.. [NOTE: insert latest date by which you
expect the services to take to perform without a contract amendment- note that more specific
deadlines should be included in the referenced exhibit, DELETE THIS NOTE.]
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 [NOTE: ADD THIS ADDITIONAL LANGUAGE
FOR FIXED SUM CONTRACTS AND DELETE THIS NOTE] as a flat rate fixed sum based upon
Work actually performed according to the rate(s) or amounts specified in Exhibit Click
here to enter text.. 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
PAGE 2 OF 43
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
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
PAGE 3 OF 43
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
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,
PAGE 4 OF 43
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
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.
PAGE 5 OF 43
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.
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
PAGE 6 OF 43
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
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.
PAGE 7 OF 43
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
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.
PAGE 8 OF 43
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
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.
PAGE 9 OF 43
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
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.
PAGE 10 OF 43
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.
N.IN WITNESS WHEREOF, the Parties 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.SUPPLEMENTAL CONDITIONS.
Conditions in ATTACHMENT A - King County Housing and Community Development
Division Supplemental Consultant Contract Provisions apply to this contract
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
Clb 3-7--25 NS (3256)
PAGE 11 OF 43
Attachment A King County Housing and Community Development Division
Supplemental Consultant Contract Provisions.
Housing and Community Development Division
Supplemental Consultant Contract Conditions
SUPERSEDING
Whereas Federal Community Development Block Grant (CDBG) funds are
supporting consulting costs, these supplemental conditions flow down from the
Contract/Grant Award Agreement between King County and the Project Owner
Name (Project Owner) and into the Contract/Agreement between the Project owner
and Consulting Firm Name (Consultant)
If there are conflicts between this exhibit and other sections of the Contract between
the Project Owner and the Consultant, these Supplementary Conditions shall
supersede such sections unless otherwise agreed upon in writing by both parties
and King County.
Renton Senior Center Improvements Project
PAGE 12 OF 43
GENERAL CONDITIONS
1.Internal Control And Accounting System
The Consultant shall establish and maintain a system of accounting and internal
controls that complies with the generally accepted accounting principles issued
by the Financial Accounting Standards Board (FASB), the Governmental
Accounting Standards Board (GASB), or both as is applicable to the Consultant’s
form of doing business.
2.Debarment And Suspension Certification
Entities that are debarred, suspended, or proposed for debarment, by the U.S.
Government are excluded from receiving federal funds and contracting with the
County. The Consultant, by signature to this Contract, certifies that the
Consultant is not currently debarred, suspended, or proposed for debarment, by
any Federal department or agency. The Consultant shall not enter into a
subcontract with a person or entity that is debarred, suspended, or proposed for
debarment. The Consultant shall notify King County if it, or a Subcontractor, is
debarred, suspended, or proposed for debarment, by any Federal department or
agency. Debarment status may be verified at https://www.sam.gov/. The
Consultant shall not propose or contract with any person or entity included in the
United States Department of Housing and Urban Development Consolidated List
of Debarred, Suspended, and Ineligible Contractors and Grantees, or legally
prohibited from conducting business in Washington State.
3.Affirmative Marketing
A.Federal Marketing Requirements
Each Consultant must adopt affirmative marketing procedures and
requirements for projects containing five or more housing units funded with
CDBG and/or HOME funds. Affirmative marketing steps consist of actions to
provide information and otherwise attract eligible persons from all racial,
ethnic, and gender groups in the housing market area to the available
housing. (The affirmative marketing procedures do not apply to families with
housing assistance provided by the Public Housing Authority or families with
tenant based rental assistance provided with HOME funds.) The County
shall annually assess the Consultant's affirmative marketing program to
determine the success of affirmative marketing actions and any necessary
corrective actions.
PAGE 13 OF 43
B.The affirmative marketing requirements and procedures adopted must
include:
a.Methods for informing the public, owners, and potential tenants about
federal fair housing laws and the use of the Equal Housing Opportunity
logotype or slogan in press releases and solicitations for owners, and
written communication to fair housing and other groups;
b.Requirements and practices the Consultant must adhere to in order to
carry out the participating jurisdiction's affirmative marketing procedures
and requirement (e.g., use of commercial media, use of community
contacts, use of the Equal Housing Opportunity logotype or slogan, and
display of fair housing poster);
c.Procedures to be used by the Consultant to inform and solicit applications
from persons in the housing market area who are not likely to apply for
the housing without special outreach (e.g., use of community
organizations, language interpreters, places of worship, employment
centers, fair housing groups, or housing counseling agencies);
d.Records must be kept describing actions taken by the Consultant to
affirmatively market units and records to assess the result of these
actions; and
e.A description of how the Consultant shall assess the success of
affirmative marketing actions and what corrective actions will be taken
where affirmative marketing requirements are not met.
4.Accessibility For Capital Projects
Any buildings or other facilities designed, constructed, or altered with federal
funds pursuant to this Contract are subject to the requirements of the
Architectural Barriers Act of 1968 (42 USC 4151 - 4157) and shall comply with
the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for
residential structures, and Appendix A to 41 CFR Parts 101-19 and subpart 101-
19.6 for general type building). When applicable, certain multi-family housing
units designed and constructed for first occupancy after March 13, 1991, with
assistance provided under this Contract must comply with the Fair Housing
Accessibility Guidelines, 24 CFR Part 100 as amended.
5.Access To Records And Employee Interviews
a.Contractors and subcontractors will be required to allow interviews with
employees on the job during working hours.
PAGE 14 OF 43
b. The Secretary of HUD, the King County Community Development Block
Grant Program, the Comptroller General of the United States, the Owner
and any of their duly authorized representatives shall have access to all
books, accounts, records, reports, files, and other papers or property of
the Consultant and their Subcontractors pertaining to work performed
under this Consultant and his Subcontractors pertaining to work performed
under this Contract for the purpose of making surveys, audits,
examinations, excerpts, and transcripts. The Consultant shall retain
records pertinent to this Contract for a period of six years from the date of
termination or completion of this contract.
6. Interest Of Certain Federal Officials
No member of or delegate to the Congress of the United States and no Resident
Commissioners shall be admitted to any share or part of this Agreement or to any
benefit that may arise hereunder.
7. Interest Of Owner's Employees Or Other Public Officials
No member officer, or employee of King County, or its designees or agents, no
member of the governing body of the city in which the Project is located, and no
other public official of the city in which the Project is located who exercises any
functions or responsibilities with respect to the King County Community Develop-
ment Block Grant Program during his or her tenure or for one year thereafter,
shall have any interest, direct or indirect, in this Agreement or any subcontract, or
the proceeds thereof. The Consultant shall incorporate, or cause to be
incorporated, in all subcontracts a provision prohibiting such interest.
8. Certification Regarding Lobbying
a. By signing this contract, the undersigned certifies, to the best of his or her
knowledge and belief, that:
b. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
c. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
PAGE 15 OF 43
employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
d. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants. loans and coopera-
tive agreements) and that all subrecipients shall certify and disclose
accordingly.
e. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
CERTIFICATION OF NONSEGREGATED FACILITIES
By signing the Consulting Agreement/Contract, the Consultant certifies that he
does not maintain or provide for his employees any segregated facilities at any of
his establishments, and that he does not permit his employees to perform their
services at any location, under his control, where segregated facilities are
maintained. The Consultant certifies further that he will not maintain or provide
for his employees any segregated facilities at any of his establishments, and that
he will not permit his employees to perform their services at any location under
his control where segregated facilities are maintained. The Consultant agrees
that a breach of this certification will be a violation of the Equal Opportunity
clause in any contract resulting from acceptance of this Bid. As used in this cer-
tification, the term segregated facilities means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact
segregated on the basis of race, color, religion, or national origin, because of
habit, local custom, or otherwise. The Consultant agrees that (except where he
has obtained identical certification from proposed sub-contractors for specific
time periods) he will obtain identical certifications from proposed subcontractors
prior to the award of subcontracts exceeding $10,000 which are not exempt from
the provisions of the Equal Opportunity clause, and that he will retain such
certifications in his files.
PAGE 16 OF 43
*Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
NATIONAL ENVIRONMENTAL PROTECTION ACT (NEPA)
1. The Consultant shall comply with all applicable standards, orders, or
requirements issued under the Federal Water Pollution Control Act (33 USC
1251 et seq.) the Clean Air Act (42 USC 1857 et seq.), Executive Order 11738,
and Environmental Protection Agency regulations (40 CFR Parts 15 and 61)
including the following requirements:
2. The Consultant warrants that any facility utilized in the performance of this
agreement is not listed on the EPA List of Violating Facilities pursuant to 40 CFR
15.20 as of the date of contract award.
3. The Consultant will comply with all the requirements of Section 114 of the Clean
Air Act and Section 308 of the Federal Water Pollution Control Act relating to
inspection, monitoring, entry, reports, and information, as well as all other
requirements specified in said sections and all regulations and guidelines issued
thereunder.
4. The Consultant agrees that as a condition for the award of this contract he will
notify the owner of the receipt of any communication from the Assistant
Administrator of EPA that a facility to be utilized for the contract is under
consideration to be listed on the EPA List of Violating Facilities; and will make
any such notification promptly prior to contract award.
5. The Consultant will include or cause to be included the criteria and requirements
in paragraphs (1) through (4) of this article in every non-exempt subcontract and
will take such action as the United States Government or its agencies may direct
as a means of enforcing such provisions.
6. The Consultant shall include mitigation findings, directives, documents and other
requirements as determined by the NEPA Environmental Assessment in the
bid/project manual/construction documents and shall work with Community
Development Project Manager to ensure accuracy thereof.
HOLD HARMLESS AND INDEMNIFICATION
A. Duties as Independent Consultant:
PAGE 17 OF 43
In providing services under this Contract, the Consultant is an independent
contractor, and neither it nor its officers, agents, or employees are employees of the
County for any purpose. The Consultant shall be responsible for all federal and/or
state tax, industrial insurance, and Social Security liability that may result from the
performance of and compensation for these services and shall make no claim of
career service or civil service rights which may accrue to a County employee under
state or local law.
The County assumes no responsibility for the payment of any compensation,
wages, benefits, or taxes, by, or on behalf of the Consultant, its employees, and/or
others by reason of this Contract.
The Consultant shall protect, indemnify, defend, and save harmless the County, its
officers, agents, and employees from and against any and all claims, costs, and/or
losses whatsoever occurring or resulting from (1) the Consultant’s failure to pay any
such compensation, wages, benefits, or taxes, and/or (2) the supplying to the
Consultant of work, services, materials, or supplies by Consultant employees or
other suppliers in connection with or support of the performance of this Contract.
B. Consultant’s Duty to Repay County:
The Consultant is financially responsible for and shall repay the County all indicated
amounts following an audit exception which occurs due to the negligence,
intentional act, and/or failure, for any reason, to comply with the terms of this
Contract, by the Consultant, its officers, employees, agents, and/or representatives.
This duty to repay the County shall not be diminished or extinguished by the
termination of the Contract.
C. Consultant Indemnifies County:
To the maximum extent permitted by law, the Consultant shall protect, defend,
indemnify, and save harmless the County, its officers, employees, and agents from
any and all costs, claims, judgments, and/or awards of damages, arising out of, or
in any way resulting from, the negligent acts or omissions of the Consultant, its
officers, employees, Subcontractors and/or agents, in its performance or non-
performance of its obligations under this Contract. The Consultant’s obligations
under this Subsection 13.C. shall extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the Consultant, by mutual negotiation, hereby waives, as respects the County only,
any immunity that would otherwise be available against such claims under any
industrial insurance act, including Title 51 RCW, other Workers’ Compensation act,
disability benefit act, or other employee benefit act of any jurisdiction which would
otherwise be applicable in the case of such claim. In addition, the Consultant shall
protect and assume the defense of the County and its officers, agents, and
employees in all legal or claim proceedings arising out of, in connection with, or
incidental to its indemnity obligation; and shall pay all defense expenses, including
reasonable attorney's fees, expert fees, and costs incurred by the County on
account of such litigation or claims. If the County incurs any judgment, award,
and/or cost arising therefrom including reasonable attorneys’ fees to enforce the
PAGE 18 OF 43
provisions of this article, all such fees, expenses, and costs shall be recoverable
from the Consultant.
D. County Indemnifies Consultant:
To the maximum extent permitted by law, the County shall protect, defend,
indemnify, and save harmless the Consultant, its officers, employees, and agents
from any and all costs, claims, judgments, and/or awards of damages, arising out
of, or in any way resulting from, the negligent acts or omissions of the County, its
officers, employees, and/or agents, in its performance and/or non-performance of
its obligations under this Contract. The County’s obligations under this Subsection
13.D. extend to any claim, demand, and/or cause of action brought by, or on behalf
of, any of its employees or agents. For this purpose, the County, by mutual
negotiation, hereby waives, as respects the Consultant only, any immunity that
would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW. In the event the Consultant incurs any judgment, award,
and/or cost arising therefrom including reasonable attorneys’ fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County.
E. Intellectual Property Infringement:
For purposes of this Subsection claims shall include, but not be limited to,
assertions that use or transfer of software, book, document, report, film, tape, or
sound reproduction or material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, and/or otherwise
results in unfair trade practice.
The indemnification, protection, defense, and save harmless obligations contained
herein shall survive the expiration, abandonment, or termination of this Contract.
INSURANCE REQUIREMENTS
Consultant shall provide evidence of the insurance required under this Contract, including
a Certificate of Insurance and endorsements covering King County as additional insured
for full coverage and policy limits within 30 calendar days of Contract execution. Evidence
of insurance and endorsements shall be submitted by email to
DCHSContracts@kingcounty.gov. The Consultant may request additional time to provide
the required documents by emailing DCHSContracts@kingcounty.gov. Extensions will be
granted at the sole discretion of the County. All evidence of insurance shall be signed by
a properly authorized officer, agent, general agent, or qualified representative of the
insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the
inception and expiration dates, contract number, and shall state that the County shall
receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse,
or material change in the policy. Similar documentation confirming renewal of required
insurance shall be provided on each insurance renewal date.
PAGE 19 OF 43
In the event of a loss, the County reserves the right to require complete, certified copies of
all required insurance policies, including endorsements and riders, which may be
redacted of any confidential or proprietary information. Consultant shall deliver such
policies to the County within five (5) business days of County’s request.
County’s receipt or acceptance of Consultant’s evidence of insurance at any time without
comment or objection, or County’s failure to request certified copies of such insurance,
does not waive, alter, modify, or invalidate any of the insurance requirements set forth in
this Section or, consequently, constitute County’s acceptance of the adequacy of
Consultant’s insurance.
Unless otherwise provided in a Statement of Work to this Contract, the Consultant shall
purchase and maintain, at its sole cost and expense, the minimum insurance set forth
below. By requiring such minimum insurance, County does not and shall not be deemed
or construed to have assessed the risks that may be applicable to Consultant, or any
Subcontractor, under this Contract, or in any way limit County’s potential recovery to
insurance limits required hereunder. To the contrary, this Contract’s insurance
requirements may not in any way be construed as limiting any potential liability to County
or County’s potential recovery for Consultant. Consultant shall assess its own risks and if
it deems appropriate and/or prudent, maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application, and/or limits of the coverage afforded, which coverage shall apply to
each insured to the full extent provided by the terms and conditions of the policy(s).
Each insurance policy shall be written on an “occurrence” basis/form; excepting insurance
for Professional Liability (Errors and Omissions), and/or Cyber Liability (Technology Errors
and Omissions) required by this Contract is acceptable on a “claims made” basis/form. If
coverage is approved and purchased on a “claims made” basis/form, the coverage
provided under that insurance shall be maintained through: (i) consecutive policy renewals
for not less than three (3) years from the date of the work which is subject to this
Consultant or, if such renewals are unavailable, (ii) the purchase of a tail/extended
reporting period for not less than three (3) years from the date of completion of the work
which is subject of this Contract. All insurance written on a “claims made” basis/form must
have its policy inception or retroactive date be no later than the effective date of the
Contract, unless otherwise approved in writing by the County’s Risk Management Office.
A. Minimum Scope and Limits of Insurance
The Consultant shall maintain the following types of insurance and minimum
insurance limits:
a. Commercial General Liability: $1,000,000 per occurrence and $2,000,000
in the aggregate for bodily injury, personal and advertising injury and
property damage. Coverage shall be at least as broad as that afforded
under ISO form number CG 00 01 current edition, or its substantive
equivalent. Such insurance shall include coverage for, but not limited to
premises liability, products and completed operations, ongoing operations,
PAGE 20 OF 43
and contractual liability. Limits may be satisfied by a single primary limit or
by a combination of separate primary and umbrella or excess liability
policies, provided that coverage under the latter shall be at least as broad
as that afforded under the primary policy and satisfy all other requirements
applicable to liability insurance including but not limited to additional
insured status for the County with the use of an umbrella or excess liability
policy, which is at least as broad as the underlying policy. If the scope of
services involves activities with minors, such policy shall include sexual
assault and misconduct coverage.
b. Professional Liability (Errors and Omissions): $1,000,000 per claim and in
the aggregate. In the event that services delivered pursuant to this
Contract either directly or indirectly involve or require professional
services, Professional Liability (Errors and Omissions) coverage shall be
provided. “Professional Services,” for the purpose of this Contract Section,
shall mean any services provided by a licensed professional or those
services that require professional standards of care.
c. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage. In the event that services delivered
pursuant to this Contract involve the transportation of clients by Consultant
personnel in Consultant-owned vehicles or non-owned vehicles, the limit
shall be no less than $3,000,000 combined single limit per accident for
bodily injury and property damage. Insurance Services Office form number
(CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 “any auto”;
or the appropriate coverage provided by symbols 2, 7, 8, or 9. Limits may
be satisfied by a single primary limit or by a combination of separate
primary and umbrella or excess liability policies, provided that coverage
under the latter shall be at least as broad as that afforded under the
primary policy.
d. Workers Compensation: Statutory requirements of the State of residency.
e. Employers Liability or “Stop Gap” coverage: $1,000,000 each occurrence
and shall be at least as broad as the protection provided by the Workers
Compensation policy Part 2 (Employers Liability), or, in monopolistic
states, the protection provided by the “Stop Gap” endorsement to the
Commercial General Liability policy.
f. Cyber Liability (Technology Errors and Omissions): For contracts involving
software or technology where data breach or exposure to personal and/or
confidential information could impact the Consultant or County, Consultant
shall provide Cyber Liability (Technology Errors and Omissions) coverage
with a limit no less than $1,000,000 per claim or occurrence and in the
aggregate. Coverage shall include loss resulting from data security/privacy
PAGE 21 OF 43
breach, or other unauthorized access or related violations including
identity fraud and privacy law violations, denial of service attacks,
introduction of virus and malicious code, extortion, dissemination or
destruction of electronic data, business interruption, privacy law violations,
disclosure of non-public, personal or confidential information, identity
fraud, loss of income due to system crashes, breach of contract, and acts
by rogue employees. Coverage shall include notification and other
expenses incurred in remedying a privacy breach as well as costs to
investigate and restore data.
g. Crime Insurance: Contractors handling County funds or assets, (i.e.
Contractors providing rental assistance or distributing gift cards on behalf
of the County), shall maintain Crime Insurance with limits to cover the
maximum amount of risk at any one time; or a total of one year’s receipts
or similar measure of exposure. Coverage for Fidelity, Theft,
Disappearance, Destruction Liability, and Employee Dishonesty shall be
included. Coverage shall include ‘Joint Loss Payable’ ISO form CR 20 15
10/10 or equivalent; and ‘Provide Required Notice of Cancellation to
Another Entity’ ISO form CR 20 17 10/10.
h. Property Insurance: Insurance Services Office form number (CP 00 10), or
its substantive equivalent, covering BUILDING AND PERSONAL
PROPERTY COVERAGE and Insurance Services Office form number
(CP 10 30) CAUSES OF LOSS – SPECIAL FORM or project appropriate
equivalent.
i. The County shall be added to all Property Coverage Policies as a named
insured as its interests may appear.
j. The County shall be added as a Named Insured as its interests may
appear to all Builders Risk policies.
k. National Flood Insurance: The use of CDBG and HOME funds for
acquisition or construction purposes in identified special flood hazard
areas shall be subject to Consultant mandatory purchase of flood
insurance as required by Section 102(a) of the Flood Disaster Protection
Act of 1973 (Pub L. 93-237).
l. Builder's Risk/Installation Floater: The Consultant shall procure and
maintain during the life of the Contract, or until acceptance of the project
by King County, whichever is longer, “All Risk” Builders Risk Insurance at
least as broad as ISO form number CP0020 (Builders Risk Coverage
Form) with ISO form number CP0030 (Causes of Loss—Special Form)
including coverage for collapse, theft and property in transit. The coverage
shall insure for direct physical loss to property of the entire construction
PAGE 22 OF 43
project, for 100 percent of the replacement value thereof and include
coverage for flood, Earth Movement (including earthquake) and owner-
furnished equipment, as applicable. The policy shall be endorsed to cover
the interests, as they may appear, of King County, Owner, Consultant and
subcontractors of all tiers with King County listed as a named insured.
m. Consultant’s Pollution Liability: For work involving the introduction,
potential release or exacerbation of hazardous materials or pollutants,
Consultant shall provide Consultant’s Pollution Liability coverage in the
amount of $1,000,000 per occurrence or claim and in the annual
aggregate to cover sudden and non-sudden bodily injury and/or property
damage to include the destruction of tangible property, loss of use,
cleanup costs and the loss of use of tangible property that has not been
physically injured or destroyed. Coverage shall include non-owned
disposal sites. If asbestos, lead or PCB’s are a potential exposure, such
insurance shall not exclude pollution arising out of Asbestos, Lead and/or
PCB operations. Evidence of Insurance must specifically state that
coverage is included.
n. Depending on the Consultant’s scope of work, other insurance types or
limits may apply to this Contract. Specific coverage and limit requirements
can be found by visiting Insurance Requirements - King County.
o. Municipal or State Agencies: If the Consultant is a Municipal Corporation,
an agency of the State of Washington, or any other Public Agency and is
self-insured for any of the above insurance requirements, a letter of self-
insurance shall be attached and be incorporated by reference and shall
constitute compliance with all or a portion of this Section.
B. Other Insurance Provisions and Requirements
All insurance policies purchased and maintained by the Consultant required in this
Contract shall contain, or be endorsed to contain the following provisions:
With respect to all liability policies except Professional Liability (Errors and
Omissions), and Workers’ Compensation:
a. The County, its officials, employees, and agents shall be covered as
additional insured for full coverage and policy limits as respects liability
arising out of activities performed by or on behalf of the Consultant, its
agents, representatives, employees, or Subcontractor(s) in connection
with this Contract. Additional Insured status shall include products-
completed operations CG 20 10 11/85 or its substantive equivalent. The
County requires a copy of the additional insured endorsement(s).
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C. Deductibles and Self-Insured Retentions: Any deductible and/or self-insured
retention of the policies shall not apply to the Consultant’s liability to the County and
shall be the sole responsibility of the Consultant or its Subcontractor.
D. Acceptability of Insurers: Insurance coverage is to be placed with insurers with an
A.M. Best rating of no less than A:VIII, or, if not rated with an A.M. Best, with
minimum surplus equivalent of an A.M. Bests' surplus size VIII.
Professional Liability (Errors and Omissions) insurance coverage may be placed
with insurers with an A.M. Bests' rating of B+:VII. Any exception must be approved
by the County.
If at any time any of the foregoing policies fail to meet minimum requirements, the
Consultant shall, upon notice to that effect from the County, promptly obtain a new
policy, and shall submit the same to the County, with the appropriate certificates
and endorsements, for approval.
E. Subcontractors: Consultant shall include all Subcontractors as insureds under its
policies or, alternatively, the Consultant must require each of its Subcontractors to
procure and maintain appropriate and reasonable insurance coverage and
insurance limits to cover each of the Subcontractor’s liabilities given the
Subcontractor’s scope of work and the services being provided herein. To the
extent reasonably commercially available, insurance maintained by any
Subcontractor must comply with the specified requirements of Section 30 (inclusive)
below, including the requirement that all liability insurance policies (except
Professional Liability and Workers Compensation) provided by the Subcontractor(s)
must include County, its officials, agents and employees as additional insured for
full coverage and policy limits. Consultant is obligated to require and verify that
each Subcontractor maintains the required insurance and ensure County is
included as additional insured. Upon request by the County, and within five (5)
business days, Consultant must provide evidence of each Subcontractor(s)
insurance coverage, including endorsements.
F. Waiver: A Consultant may request a waiver or reduction of one or more of the
insurance requirements if the insurance requirement is not applicable to the
Consultant’s scope of work. Such requests shall be made to the County at:
DCHSContracts@kingcounty.gov for review. All waiver request approvals or denials
are in the County’s sole discretion to be granted. If approved by the County, the
Consultant shall still provide proof of and hold all other required provisions as stated
above.
ASSIGNMENT
Consultant shall not assign any interest, obligation, or benefit under or in this Contract or
transfer any interest in the same, whether by assignment or novation, without prior written
consent of the County. If assignment is approved, this Contract shall be binding upon and
inure to the benefit of the successors of the assigning party upon the written agreement by
PAGE 24 OF 43
assignee to assume and be responsible for the obligations and liabilities of the Contract,
known and unknown, and applicable law.
SUBCONTRACTING
A. Written Consent of the County:
The Consultant shall not subcontract any portion of this Contract or transfer or
assign any claim arising pursuant to this Contract without the written (emailed)
consent of the County. The County’s consent must be sought in writing by the
Consultant not less than 15 days prior to the date of any proposed subcontract.
The rejection or approval by the County of any Subcontractor or the termination of a
Subcontractor will not relieve Consultant of any of its responsibilities under the
Contract, nor be the basis for additional charges to the County.
In no event will the existence of the subcontract operate to release or reduce the
liability of Consultant to the County for any breach in the performance of
Consultant’s duties.
The County has no contractual obligations to any Subcontractor or vendor under
contract to the Consultant. Consultant is fully responsible for all contractual
obligations, financial or otherwise, to its Subcontractors.
B. “Subcontract” Defined:
“Subcontract” shall mean any agreement between the Consultant and a
Subcontractor or between Subcontractors that is based on this Contract, provided
that the term “subcontract” does not include the purchase of (1) support services
not related to the subject matter of this Contract, or (2) supplies.
C. Required Language for Subcontracts:
The Consultant shall include the following language verbatim in every subcontract
for services which relate to the subject matter of this Contract:
“Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
elected and appointed officials, officers, employees, and agents from any and all
costs, claims, judgments, and/or awards of damages arising out of, or in any way
resulting from the negligent act or omissions of Subcontractor, its officers,
employees, and/or agents in connection with or in support of this Contract.
Subcontractor expressly agrees and understands that King County is a third-party
beneficiary to its Contract with Consultant and shall have the right to bring an action
against Subcontractor to enforce the provisions of this paragraph.”
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ADDITIONAL FEDERAL NONDISCRIMINATION
REQUIREMENTS
The Consultant shall comply with all applicable federal laws prohibiting
discrimination, including the following:
1. Executive Order 11063 as amended by Executive Order 12259 and
implementing regulations at 24 CFR Part 107;
2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218
and 225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part
8.
PROHIBITED DISCRIMINATORY ACTIONS.
1. The Consultant may not, under any program or activity to which this Contract
may apply, directly or through contractual or other arrangements, discriminate
on the grounds of age, color, creed, familial status, marital status, nationality,
religion, race, sex, sexual orientation, or the presence of any, physical, mental
or sensory disability. Discriminatory actions may include but are not limited to
the following:
a. Denying any person access to facilities, services, financial aid or other
benefits provided under the program or activity.
b. Denying any person services due to limited English proficiency.
c. Providing any person with facilities, services, financial aid or other
benefits, which are different, or are provided in a different form from
that provided to others under the program or activity.
d. Subjecting any person to segregated or separate treatment in any
facility or in any matter or process related to receipt of any service or
benefit under the program or activity.
e. Restricting in any way access to or in the enjoyment of any advantage
or privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity.
f. Treating any person differently from others in determining whether the
person satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which individuals must meet in order to
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be provided any facilities, services or other benefit provided under the
program or activity.
g. Denying any person any opportunity to participate in a program or
activity as an employee.
h. Failing to design and construct facilities for first occupancy after
January 26, 1993 that are readily accessible to and usable by
individuals with disabilities and failure to remove architectural and
communication barriers that are structural in nature in existing facilities,
where such removal can be accomplished without difficulty and
expense.
2. The Consultant shall not utilize criteria or methods of administration which
have the effect of subjecting individuals to discrimination on the basis of age,
color, familial status, nationality, race, religion, sex, or sexual orientation; or
mental, physical, or sensory disability; or have the effect of defeating or
substantially impairing accomplishment of the objectives of the program or
activity with respect to individuals of a particular age, color, familial status,
nationality, race, religion, sex, or sexual orientation; or the presence of any
mental, physical, or sensory disability.
3. The Consultant, in determining the site or location of housing or facilities
provided in whole or in part with funds under this Contract, may not make
selections of such site or location which have the effect of excluding
individuals, denying them benefits, or subjecting them to discrimination on the
grounds of age, sex, marital status, familial status, religion, race, creed, color,
sexual orientation, nationality, or the presence of any sensory, mental or
physical disability; or which have the purpose or effect of defeating or
substantially impairing the accomplishment of the objectives of the HCD Act
or of the HUD Regulations.
EMPLOYMENT PROJECTIONS
In all solicitations under this Contract, the Consultant shall state that all qualified
applicants will be considered for employment. The words “equal opportunity
employer” in advertisements shall constitute compliance with this Section.
SUBCONTRACTS AND PURCHASES
1. Subcontract Defined
“Subcontract” shall mean any agreement between the Consultant and a
subcontractor or between subcontractors that is based on this Contract,
provided that the term “subcontract” does not include the purchase of (1)
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support services not related to the subject matter of this Contract, or (2)
supplies.
2. Writing Required
Any work or services assigned or subcontracted hereunder shall be in writing
and must be approved by the County. The Consultant agrees that it is as fully
responsible to the County for the acts and omissions of its subcontractors and
their employees and agents, as it is for the acts and omissions of its own
employees and agents.
3. Required Contract Terms
a. The Consultant agrees to include the following language verbatim
in every subcontract, provider agreement, or purchase agreement
for services, which relate to the subject matter of this Contract:
b. “Subcontractor shall protect, defend, indemnify, and hold harmless
King County, its officers, employees, and agents from any and all
costs, claims, judgments, and/or awards of damages arising out of,
or in any way resulting from the negligent act or omissions of
subcontractor, its officers, employee, and/or agents in connection
with or in support of this Contract. Subcontractor expressly agrees
and understands that King County is a third party beneficiary to this
Contract and shall have the right to bring an action against
subcontractor to enforce the provisions of this paragraph.”
4. Debarred Contractors
The Consultant shall not make any award at any time to any contractor, which
is debarred, suspended or excluded, from participation in federal assistance
programs under Executive Order 12549, “Debarment and Suspension”.
5. Subcontracting Requirements
a. A Consultant which receives federal funds under this Contract also
shall include the following Sections in every subcontract or
purchase order for goods and services which are paid for in whole
or in part with funds provided under this Contract:
b. The Labor Standards provisions (HUD 4010) are included in the
aforesaid sub-tier contract;
c. The applicable Davis-Bacon wage rates are included in aforesaid
sub-tier contract;
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d. This Addendum to the contract between contractor and
subcontractor is part of the sub- tier contract; and
e. Correction of any infractions of the aforesaid conditions, including
infractions by the sub-contractor and any lower tier subcontractors,
is a mutual responsibility.
FAILURE TO COMPLY IS DEFAULT
Failure by the Consultant to require compliance with the above terms and
conditions in subcontracts shall constitute a breach of this Contract.
PROJECT FUNDING SIGN DURING CONSTRUCTION
The Consultant shall include the following phrase on a construction sign erected
during construction to identify funding sources used for the project:
“Funding for this project was provided by King County’s Community Development
Block Grant Program.”
CONFLICT OF INTEREST
1. Consultant Covenants
The Consultant covenants that no officer, employee, consultant, elected or
appointed official, or agent of the Consultant who exercises any functions
or responsibilities in connection with the activities funded in whole or in
part under this Contract, herein, or any other person who presently
exercises any functions or responsibilities in connection with the activities
funded herein, shall have any personal financial interest, direct or indirect,
in this Contract. The Consultant shall take appropriate steps to assure
compliance with this provision.
2. Non-Disclosure is Grounds for Termination
If the Consultant violates the above provisions or does not disclose other
interests required to be disclosed pursuant to King County Code Chapter
3.04, or if the Consultant is a municipal corporation which has adopted an
employee code of ethics, and violates the adopted employee code of
ethics, the County shall not be liable for payment of services rendered
pursuant to this Contract. Violation of this Section shall constitute a
substantial breach of this Contract and grounds for termination as well as
any other right or remedy provided in this Contract or law.
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RECORD-KEEPING REQUIREMENTS AND SITE VISITS
1. Accounts and Records:
The Consultant shall maintain the following for a period of six years after
termination of this Contract: accounts and records, including personnel, property,
financial, programmatic records, and other such records the County may deem
necessary to ensure proper accounting and compliance with this Contract.
2. Nondiscrimination and Equal Employment Records:
In accordance with the nondiscrimination and equal employment opportunity
requirements set forth in Section 17. below, the Consultant shall maintain the
following for a period of six years after termination of this Contract:
a. Records of employment, employment advertisements, application
forms, other data, records, and information related to employment,
applications for employment or the administration or delivery of
services or any other benefits under this Contract; and
b. Records, including written quotes, bids, estimates or proposals,
submitted to the Consultant by all entities seeking to participate in
this Contract, and any other information necessary to document the
actual use of and payments to Subcontractors and suppliers in this
Contract, including employment records.
c. The County may visit the site of the work and the Consultant’s
office to review these records. The Consultant shall provide all help
requested by the County during such visits and make the foregoing
records available to the County for inspection and copying. At all
reasonable times, the Consultant shall provide to the County, the
state, and/or federal agencies or officials access to its facilities—
including those of any Subcontractor assigned any portion of this
Contract in order to monitor and evaluate the services provided
under this Contract. The County will give reasonable advance
notice to the Consultant in the case of audits to be conducted by
the County. The Consultant shall comply with all record keeping
requirements of any applicable federal rules, regulations, or
statutes included or referenced in the Contract documents. If
different from the Consultant’s address listed above, the Consultant
shall inform the County in writing of the location of its books,
records, documents, and other evidence for which review is sought,
and shall notify the County in writing of any changes in location
within 10 working days of any such relocation.
PAGE 30 OF 43
3. Federal Exceptions to Retention Requirements
Exceptions to the six year retention period are as follows: (1) Records that are the
subject of audit findings, litigation, or claims shall be retained until such findings,
litigation or claims have been resolved; and (2) The retention period for real
property and equipment records starts from the date of the disposition, replacement
or transfer at the direction of the County.
4. Financial Management Records
Financial records shall identify adequately the source and application of funds for
activities within this Contract, in accordance with the provisions of 2 CFR 200.
These records shall contain information pertaining to grant awards and
authorizations, obligations, unobligated balances, assets, liabilities, outlays and
income.
5. Tenant Notification and Relocation Records
If the Consultant is acquiring property with existing tenants, Consultant record
keeping for tenant notification and relocation must comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (The
“Uniform Relocation Act”), and regulations at 49 CFR Part 24. Indication of the
overall status of the relocation workload and a separate relocation record for each
person, business, organization and farm operation displaced or in the relocation
workload must be kept.
6. Acquisition Records
If the Consultant is using funds under this Contract for property acquisition, the
Consultant must maintain a separate acquisition file for each acquisition process
documenting compliance with Uniform Relocation Act regulations at 49 CFR Part
24, including a notice of voluntary sale.
7. Beneficiary Records
The Consultant agrees to maintain racial, ethnic, disability status, single head of
household, household income, and gender data showing the extent to which these
categories of persons have participated in, or benefited from, the activities carried
out under this Contract if required in a Statement of Work.
8. Other Records
The Consultant and all of its subcontractors shall maintain records and
information necessary to document the level of utilization of state certified small,
minority, and women-owned businesses, and other businesses as
subcontractors and suppliers under this Contract. The Consultant shall also
maintain all written quotes, bids, estimates or proposals submitted by the
contractor and any and all businesses seeking to participate in this Contract. The
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Consultant shall make such documents available to the County for inspection
and copying upon request.
The Consultant shall provide documentation as identified by the County at
contract/subcontract completion showing that the contract activities were
completed in accordance with the Contract. Documentation includes, but is not
limited to: as-built drawings, designs, and reports
9. Employment Records
If the Consultant is a municipal corporation or an Agency of the State of
Washington, it agrees to maintain the following data for each of the Consultant’s
operating units funded in whole or in part with CDBG funds provided under this
Contract:
a. Employment data with such data maintained in the categories
prescribed on the Equal Employment Opportunity Commission’s
EEO-4 form; and
b. Documentation of any actions undertaken to assure equal
employment opportunities to all persons regardless of race, color,
national origin, sex or handicap.
10. Records Regarding Remedy of Past Discrimination
The Consultant shall maintain documentation of the affirmative action measures
the Consultant has taken to overcome prior discrimination if a court or HUD has
found that the Consultant has previously discriminated against persons on the
grounds of race, color, national origin or sex in administering a program or
activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121.
a. The Consultant shall maintain, for at least six years after
completion of all work under this Contract, the following:
b. Records of employment, employment advertisements, application
forms, and other pertinent data and records related to the Contract
for the purpose of monitoring, audit and investigation to determine
compliance with any equal opportunity requirements set forth in any
federal regulations, statutes or rules included or referenced in the
Contract documents;
c. Records, including written quotes, bids, estimates, or proposals
submitted to the Consultant by all businesses seeking to participate
on this Contract, and any other Information necessary to document
the actual use of and payments to subcontractors and suppliers in
this Contract, including employment records.
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d. The County may visit, at any time, the site of the work and the
Consultant’s office to review the foregoing records. The Consultant
shall provide every assistance requested by the County during such
visits. In all other respects, the Consultant shall make the foregoing
records available to the County for inspection and copying upon
request. If this Contract involves federal funds, the Consultant shall
comply with all record keeping requirements set forth in any federal
rules, regulations or statutes included or referenced in the contract
documents.
EVALUATIONS AND INSPECTIONS
The records and documents with respect to all matters covered by this Contract
shall be subject at all times to inspection, review, or audit by the County and/or
federal/state officials authorized by law during the performance of this Contract
and for six years after termination hereof, unless a longer retention period is
required by law.
SANCTIONS FOR VIOLATIONS
1. Any violation of the mandatory requirements of the provisions of this
Section shall be a material breach of contract for which the Consultant
may be subject to damages, withholding payment and any other sanctions
provided for by the Contract and by applicable law.
2. All documentation and communication regarding this project shall be
identified by the HCDD Project Activity Number and Project Name.
OTHER PROVISIONS:
I. Maintenance of Records
A. Labor Standards: If the Contractor is using funds under this Contract for
construction work, the Contractor shall maintain records documenting
compliance by all construction contractors with the labor standards as
required under 24 CFR § 570.603 for CDBG funds and 24 CFR § 92.354 for
HOME funds.
2. Evaluations and Inspections:
A. Medical Records: If applicable, medical records shall be maintained and
preserved by the Contractor in accordance with state and federal medical
records statutes, including but not limited to RCW 70.41.190, RCW 70.02.160,
and standard medical records practice. The Contractor shall also be
responsible for the maintenance and disposal of such medical records.
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B. Contract Monitoring: The Contractor and the County shall engage in monitoring visits
to assess the Contractor's compliance with Contract requirements, quality, and
practices. The County will execute monitoring visits in accordance with the applicable
frequency, as prescribed by the controlling Statement of Work under this Contract.
The Contractor shall cooperate with the County and its agents to assess the
Contractor's performance under this Contract. At the request of the County, the
Contractor shall implement a plan to remedy any items of noncompliance identified
during the monitoring process. The results and records of these processes shall be
maintained and disclosed in accordance with RCW Chapter 42.56.
C. Performance, Measurement and Evaluation
The Contractor shall submit performance metrics and program data as set forth
in Statement of Work to this Contract. The Contractor shall participate in
evaluation activities as required by the County and shall make available all
information required by any such performance measurement and evaluation
processes.
D. Unauthorized Disclosure: The Contractor shall protect from unauthorized disclosure
all information, records, and data collected in connection with this Contract in
accordance with applicable state and federal law.
3.. Compliance with the Health Insurance Portability and Accountability Act of 1996
(HIPAA)
The Contractor shall not use protected health information created or shared
under this Contract in any manner that would constitute a violation of HIPAA and
any regulations enacted pursuant to its provisions. Contractor shall read and
maintain compliance with all HIPAA requirements, which can be found at
https://www.kingcounty.gov/depts/community-human-
services/contracts/requirements.aspx.
4. Corrective Action
If the County determines that the Contractor has failed to comply with any terms
or conditions of this Contract, or the Contractor has failed to provide in any
manner the work or services (each a "breach"), and if the County determines that
the breach warrants corrective action, the following procedure will apply:
A. Written Notification: The County will notify the Contractor in writing of the nature of
the breach.
B. Contractor's Corrective Action Plan:
The Contractor shall respond with a written corrective action plan within ten
working days of its receipt of such notification unless the County, at its sole
discretion, extends in writing the response time. The plan shall indicate the
steps being taken to correct the specified breach and shall specify the
proposed completion date for curing the breach. This date shall not be more
30 days from the date of the Contractor's response, unless the County, at its
sole discretion, specifies in writing an extension to complete the corrective
actions.
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C. County's Determination of Corrective Action Plan Sufficiency:
The County will determine the sufficiency of the Contractor's proposed
corrective action plan, then notify the Contractor in writing of that determination.
The determination of sufficiency of the Contractor's corrective action plan shall
be at the sole discretion of the County.
D. Termination or Suspension:
If the Contractor does not respond within the appropriate time with a corrective
action plan, or the Contractor's corrective action plan is determined by the
County to be insufficient, the County may terminate or suspend this Contract in
whole or in part pursuant to Section 26.
E. Withholding Payment:
In addition, the County may withhold any payment to the Contractor or prohibit
the Contractor from incurring additional obligations of funds until the County is
satisfied that corrective action has been taken or completed.
F. Non-Waiver of Rights:
Nothing herein shall be deemed to affect or waive any rights the parties may
otherwise have pursuant to the Termination provisions.
5. Nondiscrimination and Payment of a Living Wage
A. The Contractor shall comply fully with all applicable federal, state, and
local laws, ordinances, Presidential Executive Orders, and regulations that
prohibit discrimination to the extent applicable including those set forth in this
Section.
B. Nondiscrimination: During the performance of this Contract, the
Contractor shall not discriminate against any employee or applicant for
employment because of the employee's or applicant's sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression, or age except by minimum age and retirement provisions,
unless based upon a bona fide occupational qualification. The Contractor will
make equal employment opportunity efforts to ensure that applicants and
employees are treated equitably, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression, age except by minimum age and retirement provisions,
status as a family caregiver, military status or status as a veteran who was
honorably discharged or who was discharged solely as a result of the person's
sexual orientation or gender identity or expression. The Contractor shall
additionally read and comply with all additional requirements set forth at:
https://www.kingcounty.gov/depts/community-
human-services/contracts/requirements.aspx.
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C. Payment of a Living Wage: In accordance with King County Living Wage Ordinance
17909, for contracts for services with an initial or amended value of $100,000 or
more, the Contractor shall pay, and require all Subcontractors to pay, a living wage
to employees for each hour the employee performs a measurable amount of work
on this Contract. The requirements of the ordinance, including payment schedules,
are detailed at https://www.kingcounty.gov/depts/finance-
businessoperations/procurement/aboutus/Living-Wage.aspx.
Violations of this requirement may result in disqualification of the Contractor
from bidding on or being awarded a County contract for up to two years;
contractual remedies including, but not limited to, liquidated damages and/or
termination of this Contract; remedial action as set forth in public rule; and
other civil remedies and sanctions allowed by law.
D. Equity and Social Justice
i. Accessibility: The Contractor shall evaluate and modify (as warranted)
the way in which it provides services, so that services are accessible
(language, location, delivery style, facility environment, etc.) to populations
whose modes of engagement are different than the majority population.
ii. Commitment: The Contractor shall conduct self-assessments, including
obtaining input from culturally diverse populations (both client and non-
client) and key stakeholders and uses this feedback in policy making,
contract administration, and service delivery. The Contractor shall also
create opportunities/ensure that its workforce engages in ongoing
education regarding culturally and linguistically appropriate policies and
practices.
E. Nondiscrimination in Employment Provision of Services.
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the
performance of this Contract, neither the Contractor nor any party
subcontracting under the authority of this Contract shall discriminate or
tolerate harassment on the basis of sex, race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender
identity or expression, or age except by minimum age and retirement
provisions, unless based upon a bona fide occupational qualification.
F. Nondiscrimination in Subcontracting Practices
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term
of this Contract, the Contractor shall not create barriers to open and fair
opportunities to participate in County contracts or to obtain or compete for
contracts and subcontracts as sources of supplies, equipment,
construction, and services. In considering offers from and doing business
with subcontractors and suppliers, the Contractor shall not discriminate
PAGE 36 OF 43
against any person because of their sex, race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender
identity or expression, or age except by minimum age and retirement
provisions, unless based upon a bona fide occupational qualification.
G. Compliance with Laws and Regulations
These laws include, but are not limited to, RCW Chapter 49.60, Titles VI
and VI I of the Civil Rights Act of 1964, the American with Disabilities Act,
and the Restoration Act of 1987. In addition, KCC chapters 12.16, 12.17
and 12.18 are incorporated herein by reference and the requirements in
these code chapters shall specifically apply to this Contract, to the full
extent applicable. The Contractor shall further comply fully with any equal
opportunity requirements set forth in any federal regulations, statutes, or
rules included or referenced in the contract documents
H. Small Contractors and Suppliers and Minority and Women Business
Enterprises Opportunities
King County encourages the Contractor to utilize small businesses,
including Small Contractors and Suppliers (SCS), as defined below, and
minority-owned and women-owned business enterprises certified by the
Washington state Office of Minority and Women's Business Enterprises
(OMWBE) in County contracts.
The term "Small Contractors and Suppliers" (SCS) means that a business
and the person or persons who own and control it are in a financial
condition which puts the business at a substantial disadvantage in
attempting to compete for public contracts. The relevant financial condition
for eligibility under the Program is set at fifty percent of the Federal Small
Business Administration (SBA) small business size standards using the
North American Industry Classification System and Owners' Personal Net
Worth less than $750,000 dollars.
The County encourages the Contractor to use the following voluntary
practices to promote open competitive opportunities for small businesses,
including SCS firms and minority-owned and women-owned business
enterprises.
i. Inquire about King County's Contracting Opportunities Program.
King County has established a Contracting Opportunities
Program to maximize the participation of SCS in the award of
King County contracts. The Contracting Opportunities Program
is open to all SCS firms certified by King County Business
Development and Contract Compliance (BDCC). As determined
by BDCC and identified in the solicitation documents issued by
the County, the Contracting Opportunities Program will apply to
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specific contracts. However, for those contracts not subject to
the Contracting Opportunities Program or for which the
Contractor elected not to participate in the Contracting
Opportunities Program during the solicitation stage, the
Contractor is still encouraged to inquire voluntarily about
available firms. Contracting Opportunities Program materials,
including application forms and a directory of certified SCS
firms, are available on King County's Website:
http://www.kingcounty.gov/bdcc.
ii. Contact the OMWBE to obtain a list of certified minority-owned
and women-owned business enterprises by visiting their website
at http://www.omwbe.wa.gov/ or by toll free telephone (866)
208-1064.
iii. Use the services of available community organizations,
consultant groups, local assistance offices, the County, and
other organizations that provide assistance in the recruitment
and placement of small businesses, including SCS firms and
minority-owned and women-owned business enterprises.
I. Equal Employment Opportunity Efforts
The Contractor shall undertake equal employment opportunity efforts to
ensure that applicants and employees are treated fairly, without regard to
their sex, race, color, marital status, national origin, religious affiliation,
disability, sexual orientation, gender identity or expression, or age. The
Contractor's equal employment opportunity efforts 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, including
apprenticeships. The Contractor shall post, in conspicuous places available to
employees and applicants for employment, notices setting forth this
nondiscrimination clause. In accordance with KCC 12.16.01 0.j. "equal
employment opportunity efforts" shall mean active efforts to ensure equal
opportunity in employment that is free from all forms of discrimination.
J. Compliance with Section 504 of the Rehabilitation Act of 1973 as
amended (Section 504) and the American Disabilities Act of 1990 as amended
(ADA)
i. Pursuant to Title II of the ADA and Section 504 the County must not
discriminate against people with disabilities in providing services,
programs or activities even if those services, programs or activities are
carried out by contractors. The Contractor agrees that it shall provide
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all programs, services, and activities to County employees or members
of the public under this Contract in the same manner as King County is
obligated to under Title II of the ADA and Section 504 and shall not
deny participation or the benefits of such services, programs, or
activities to people with disabilities on the basis of such disability.
Failure to comply with this section shall be a material breach of, and
grounds for, the immediate termination of this Contract.
ii. The Contractor agrees to provide to persons with disabilities access to
programs, activities, and services provided under this Contract or
agreement, as required by the disability access laws as defined by
KCC 12.16; and
iii. The Contractor shall not discriminate against persons with disabilities
in providing the work under this Contract. In any subcontracts for the
programs, activities, and services under this Contract or agreement,
the Contractor shall include the requirement that the subcontractor
provide to persons with disabilities access to programs, activities, and
services provided under this Contractor or agreement as required by
the disability access laws as defined by KCC 12.16, that the
subcontractor shall not discriminate against persons with disabilities in
providing the work under this Contract, and that the subcontractor shall
provide that the County is a third party beneficiary to that required
provision.
K. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this
Section shall be a material breach of contract for which the Contractor
may be subject to damages, withholding payment, and any other
sanctions provided for by this Contract and by applicable law.
L. Fair Housing Protections
The Contractor shall comply with the federal Fair Housing Act, Public Law
90-284 (42 USC 3601 et seq.). The Contractor shall take necessary and
appropriate actions to prevent discrimination in any housing-related
project under this Contract, which includes rental housing projects and/or
projects that include residential real estate-related transactions, as
required by the Federal Fair Housing Act as amended (42 USC 3601) and
the Washington State Law Against Discrimination (RCW Chapter 49.60).
Residential real estate-related transactions include the making or
purchasing of loans or the provision of financial assistance secured by real
estate, or the making or purchasing of loans or financial assistance for the
purchasing, constructing, improving, repairing or maintaining of a dwelling.
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Rental housing includes any dwelling that is intended for occupancy as a
residence for one or more families by lease, sublease, or by grant for a
consideration of the right to occupy Premises not owned by the occupant.
In addition, except for projects located in incorporated jurisdictions, the
Contractor shall comply with the applicable provisions of the King County
Open Housing Ordinance, codified at Chapter 12.20 of the KCC, which
prohibits practices of housing discrimination against any person on the
basis of age, ancestry, color, disability, marital status, national origin,
parental status, possession of Section 8 housing assistance, race,
religion, retaliation, sex, and sexual orientation.
1. No Conflict with Federal Requirements.
As indicated by HUD Notice CPD 04-10, a faith-based organization's
exemption from the federal prohibition on employment discrimination on
the basis of religion, set forth in 42 USC 2000e-1 (a), is not forfeited when
the organization receives HUD funding. Faith-based organizations, like
any other entity participating in a HUD-funded program, must, however,
comply with all the statutory requirements of that particular HUD-funded
program. Both the CDBG and HOME Programs contain statutory
provisions imposing non-discrimination requirements on all subrecipients,
subgrantees or contractors. Religious organizations that believe that
certain non-discrimination statutory requirements are substantially
burdensome may be entitled to protection under the Religious Freedom
Restoration Act [42 USC4000bb-3, 4000bb-2(1 )] which applies to all
federal law and its implementation. Subrecipients, subgrantees, or
contractors should be aware that anti-discrimination provisions of Section
109 of the Housing and Community Development Act of 1974 or Section
282 of the HOME Investment partnership Act may pose questions of
conformance with Title VII of the Civil Rights Act of 1964 and future court
rulings could define more specifically the application of these laws to faith-
based organizations. In the event that a provision of this Contract is
deemed to be in actual conflict with federal law, the conflicting provision in
this Contract shall not apply.
6. Code of Conduct
OCHS is committed to providing an inclusive, welcoming, supportive, and
safe environment for all to feel respected, valued, and empowered. The
Contractor shall, while performing the work as described in the attached
Statement of Work, interact with the community being served and the
County's employees in a respectful manner.
The County and Contractor shall refrain from engaging in any conduct that
communicates a hostile, demeaning, or unwelcome message. Such
prohibited conduct can be either verbal or nonverbal and includes, but is
not limited to microaggressions, deliberate misgendering, slights, and
other conduct that could cause harm. This Contract may be subject to
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termination under Subsection 26.B. as a result of any violation of this
Section by providing the other party 30 calendar days advance written
notice of the termination.
7.Conflict of Interest
Entering into this Contract with the County requires that the Contractor agree
to abide by certain provisions of the King County Employee Code of Ethics,
including those relating to conflicts of interest and the employment of current
or former County employees.
A.Compliance with King County Code of Ethics:
The Contractor shall comply with applicable provisions of KCC 3.04. Failure
to comply with such requirements shall be a material breach of this Contract
and may result in termination of this Contract and subject the Contractor to
the remedies stated in this Contract, or otherwise available to the County at
law or in equity.
B. Penalties:
The Contractor acknowledges and agrees, pursuant to KCC 3.04.060, that it
will not willfully attempt to secure preferential treatment in its dealings with the
County by offering any valuable consideration, thing of value or gift, whether
in the form of services, loan, thing, or promise, in any form to any County
official or employee. The Contractor acknowledges that if it is found to have
violated the prohibition found in this paragraph, it's the Contractor's current
contracts with the County will be cancelled and the Contractor shall not be
able to bid on any County contract for a period of two years.
C. Former King County Employees:
The Contractor acknowledges that, for one year after leaving County
employment, a former County employee may not have a financial or beneficial
interest in a contract or grant that was planned, authorized, or funded by a
County action in which the former County employee participated during County
employment. The Contractor shall identify, at the time of offer, current or
former County employees involved in the preparation of proposals or the
anticipated performance of work if awarded the Contract. Failure to identify
current or former County employees involved in this transaction may result in
the County's denying or terminating this Contract. After Contract award, the
Contractor is responsible for notifying the County's Project Manager of current
or former County employees who may become involved in this Contract at any
time during the term of this Contract.
8.Equipment Purchase, Maintenance, and Ownership
A.Equipment Maintenance
The Contractor agrees that when Contract funds are used to pay for all or part
of the purchase costs of any equipment that costs $5,000 or more per item,
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and the purchase of such equipment is identified in the Statement of Work to
this Contract, such equipment is, upon the purchase or receipt, the property
of the County and/or federal/state government. The Contractor shall be
responsible for all proper care and maintenance of the equipment, including
securing and insuring such equipment.
B. Equipment Ownership:
The Contractor shall ensure that all such equipment is returned to the County
or federal/state government upon termination of this Contract unless
otherwise agreed upon by the parties.
C. Right of Access:
The Contractor shall admit the County's Property Management Officer to the
Contractor's premises for the purpose of marking such property with
appropriate government property tags.
D. Continue Ownership Rights:
The Contractor and County shall mutually agree to sign all documents and
perform other acts necessary to secure, maintain, renew, or restore the
rights granted to the County as set forth in this Section.
E. Maintenance of Records:
The Contractor shall establish and maintain inventory records and
transaction documents, including, but not limited to purchase requisitions,
packing slips, invoices, and/or receipts, of equipment purchased with
Contract identified funds.
F. Disposition of Equipment
Projects using Federal Funds shall also comply with the following
requirement: if the Contractor ceases to use equipment purchased in whole or
in part with CDBG funds for the purpose described in this Contract, or if the
Contractor wishes to dispose of such equipment, the disposition shall be
determined under the provisions of 24 CFR § 570 and 2 CFR § 200.313. The
Contractor agrees that it will contact the County for instructions prior to
disposing of, surplusing, encumbering, or transferring ownership of any
equipment purchased in whole or in part with Federal Funds.
9. Proprietary Rights
A. Ownership Rights of Materials Resulting from Contract:
Except as indicated below or as described in the Statement of Work, the parties
to this Contract hereby agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such
material or article shall be the sole property of the County. To the extent that any
rights in such materials vest initially with the Contractor by operation of law or for
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any other reason, the Contractor hereby perpetually and irrevocably assign,
transfer, and quitclaim such rights to the County. The County agrees to and does
hereby grant to the Contractor a perpetual, irrevocable, nonexclusive, and
royalty-free license to use and create derivative works, according to law, any
material or article and use any method that may be developed as part of the work
under this Contract.
B.Ownership Rights of Previously Existing Materials:
The Contractor shall retain all ownership rights in any pre-existing patentable or
copyrightable materials or articles that are delivered under this Contract, but do
not originate from the work described herein. The Contractor agrees to and does
hereby grant to the County a perpetual, irrevocable, nonexclusive, and royalty-
free license to use and create derivative works, according to law, any pre-existing
material or article and use any method that may be delivered as part of the work
under this Contract.
C.Continued Ownership Rights:
The Contractor shall sign all documents and perform other acts as the County
deems necessary to secure, maintain, renew, or restore the rights granted to the
County as set forth in this Section.
10.Political Activity Prohibited
A.No Partisan Activity
None of the funds, materials, property, or services provided directly or indirectly
under this Contract shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office.
11.Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any Subcontractor agree to abide by the laws of the State of
Washington, rules and regulations promulgated thereunder, and regulations of
the state and federal governments, as applicable, which control disposition of
funds granted under this Contract, all of which are incorporated herein by
reference.
If there is an irreconcilable conflict between any of the language contained in any
Statement of Work or attachment to this Contract, the language in the Contract
shall control over the language contained in the Statement of Work or the
attachment, unless the Statement of Work provision expressly indicates that it
controls over inconsistent contract language. If there is conflict among
requirements set forth in Statements of Work, language contained in the lower
numbered Statement of Work shall control unless the higher numbered
Statement of Work provision expressly indicates that it controls over inconsistent
lower numbered Statement of Work language.
12.Applicable Law
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This Contract shall be construed and interpreted in accordance with the laws of
the State of Washington. The venue for any action hereunder shall be in the
Superior Court for King County, Washington.
13.No Third-Party Beneficiaries
Except for the parties to whom this Contract is assigned in compliance with the
terms of this Contract, there are no third-party beneficiaries to this Contract, and
this Contract shall not impart any rights enforceable by any person or entity that
is not a party hereto.
