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HomeMy WebLinkAboutSafety Action Plan - Full RFQ - Apr 2025pg. 1 City of Renton Request for Qualifications COMPREHENSIVE SAFETY ACTION PLAN PROFESSIONAL SERVICES Submittal Deadline: May 23, 2025 INTRODUCTION: The City of Renton is currently seeking Statements of Qualifications (SOQ) from firms with expertise in developing transportation safety plans specifically related to the national Safe Streets 4 All program. The Comprehensive Safety Action Plan that we are seeking to implement will play a pivotal role in defining the goals, strategies, and culture toward implementing safety conditions that reduce roadway related serious injuries and fatalities. The Safety Action Plan will be integral for realizing the City of Renton's vision for implementing a safe systems approach as well as prioritizing capital infrastructure needs and safety programmatic needs or organizational program structures that guide successful implementation. We are seeking a qualified consultant to work closely with us in crafting this plan to benefit our community and stakeholders. The City of Renton reserves the right to amend terms of this “Request for Qualifications” (RFQ) to circulate various addenda, or to withdraw the RFQ at any time, regardless of how much time and effort consultants have spent on their responses. The city intends to award a cost plus fixed-fee professional services agreement. BACKGROUND: The United States Department of Transportation (USDOT) issued a notice of funding opportunity in 2022 for the new Safe Streets 4 All (SS4A) discretionary program. The SS4A program provides federal grant funding to regional, local, and Tribal initiatives intended to prevent roadway deaths and serious injuries. The City partnered with other cities and the Puget Sound Regional Council (PSRC) to submit a grant application with PSRC as the lead agency and the City of Renton as a federal sub-recipient along with several other cities. Through a sub-recipient funding agreement with PSRC, the City of Renton intends to develop a citywide safety action plan that outlays the foundations for a citywide “Vision Zero/Target Zero” traffic safety program. Page | 2 Project Description The comprehensive safety action plan seeks to lay the foundation for the city’s effort of improving safety, specifically working toward reducing fatalities and serious injuries due to crashes. To achieve this the city desires conducting the following tasks to complete a safety action plan that amounts to a meaningful plan and fulfils federal grant criteria. • Data Collection and Analysis of Road Network Review and update city’s high injury network and validate the serious injury or fatality (SIF) rate, crash data analysis, crash risk factors, and roadway geometry. Objective: summarize and compare analysis against previous 5-year period for any growth in SIF crashes or risk factors; identify any hot spots, road design and operational deficiencies; update the city’s Local Roads Safety Plan (LRSP) analysis; support technical strategies of Comprehensive Safety Action Plan with proper data analysis • Existing Policy and Safety Program Review Review existing city policies, traffic operations practices & policies, city staffing and organizational policies, and other traffic safety policies & programs. Objectives: Evaluate the city’s policy framework for gaps or need for additional policy steps or staffing organization to achieve Vision Zero goals & initiatives; support programmatic strategies of Comprehensive Safety Action Plan with proper analysis of policies and/or practices • Community Analysis & Focused Engagement Evaluate and understand which communities may be most impacted by transportation planning decisions, Engage community members on what they consider community priorities Objectives: Develop a framework for incorporating considering underserved communities into roadway safety; Augment quantitative data analysis with community input to include populations who may be underrepresented in traditional data and processes • Community Outreach – Task Force or Work Group Assist staff by leading the forming and facilitating a task force or work group comprised of a blend of city staff, police staff, any other affected entities, and community members to lead the evaluation of Vision Zero principals, goals for addressing underrepresented communities, and program goals and outcomes. Using community road safety audits to engage fully with community members about identified road concerns is encouraged if suitable and appropriate to develop the plan. Objectives: Engage citizen or task force participation in identifying safety features in their community; Provide regular public updates about the Plan and collect public feedback. • Policy Development and Action Plan Initiatives Use engagement and participation outcomes to develop draft strategies or initiatives that can be implemented reasonably or with cooperation from stakeholders. Objectives: Convene a task force or work group to develop principles and goals for Vision Zero strategies that prioritize: building and sustaining leadership, collaboration and accountability; collecting and analyzing data on an ongoing basis; serving all communities and engagement; Page | 3 leading with roadway design that prioritizes safety; managing speed; and leverage technology advances. • Prioritize Safety Projects and Program Initiatives; Develop Conceptual Scope(s) Develop priority list of programs and projects that meet Vision Zero principals; develop conceptual scope(s) of work for any specific roadway safety projects or programs that would improve safety conditions meeting the Vision Zero principals and goals based on identified hot spots or operational deficiencies. Objective: Rank or prioritize potential capital safety projects for implementation as well as any programs such as educational safety or enforcement programs that could be implemented by the City on a frequent basis • Council Report-outs and Plan Adoption Assist with any graphics, presentation slides, or materials for council briefings during the Plan STATEMENTS OF QUALIFICATIONS: The city intends to select a consultant based on team and personnel qualifications, familiarity with the City of Renton, past or current projects of similar function and size, and demonstrated ability to complete work within budget and on time. Once the City has reviewed the qualifications, one or more Consultants may be requested to provide additional information and/or participate in an interview process. SOQs are due by May 23, 2025. The city will evaluate the SOQs and select the most qualified top four Consultant(s) to proceed with interviews. The final selection will be made by City staff, based on the written SOQ and interview as determined necessary by the city. Applicants are to limit their submissions to no more than twenty (25) pages total, including examples and resumes but excluding the front cover sheet and required attachments related to federal compliance documentation (See Attachment B). Evaluation Criteria Statement of Qualification (SOQ) submittals will be evaluated and ranked based on the following criteria: 1) Qualification of Proposed Project Manager (10%) 2) Qualifications/Expertise of Firm (35%) 3) Project Understanding and Approach to project (i.e. methodology, work plan, communication) (20%) 4) Past Performance/References (10%) 5) Familiarity with local, state, regional and federal standards and best practices of safety planning & implementation (20%) 6) Organization and Completeness of Submittal (5%) The City will evaluate the proposals and conduct virtual interviews with the top four candidates. Page | 4 Submittal Requirements SOQs are limited in size to 25 (25) pages including references and resumes. The page limit excludes any required forms. Submittals should include the following information: a) Letter of Interest: This letter will identify the project that this submittal is proposing for and the person to contact during this RFQ process. Please include name, phone number and email address of Principal-in-Charge and identified Project Manager, if different people. A brief introduction of the Consultant team’s Statement of Qualifications, noting at least: the Firms on the Consultant team (identifying lead/prime firm and subcontracting firms); and a brief note or example on the team’s directly relevant experience for the project. An authorized individual capable of committing the resources of the lead firm should sign the letter. Please include a state unique business identifier (UBI) number or Tax EIN on your letter. b) Project Management and Key Personnel: A concise summary of the Consultant team’s organization and responsibilities, highlighting the relevant experience of the proposed project manager and key support personnel to provide the expertise to develop the desired project components. Reference to key personnel members’ experience and understanding of safety planning & implementation should be incorporated. Also, please note the general availability of the Project Manager and key personnel slated for this Project over the course of the Project. Short resumes for key team members and their proposed roles in delivering this Project can be included as an appendix within the 25 pages of the page limit. c) Project Understanding and Approach: Provide a brief description of consultant team’s approach and specifically address the team’s fitness to effectively complete the Scope of Work outlined in this document, noting the timeline of the work plan and any special communication strategies to be deployed during the project. d) Past Similar Projects and References: Provide three (3) project examples of consultant’s best previous work illustrating expertise relevant to this Project. Provide references or contact information for project examples. Include a written description of the work performed, dates of completion or current status of project. Past examples of work should highlight experience with public engagement, any implementation in action of the work completed, or outcomes achieved. Please submit two (2) printed copies of the SOQ, along with one (1) USB with an electronic version in PDF format. The submittals can be delivered to the address below on or before May 23, 2025. Submittals sent via USPS, UPS, FedEx or other must arrive by Friday, May 23, 2025 no later than 5:00 p.m. (PST). No submittals will be accepted after that date and time. The City will not be liable for delays in delivery of submittals due to handling by the US Postal Service or any other type of delivery service. Emailed submittals will not be accepted. Address submittals to: Renton City Hall – Dept. of Public Works 1055 South Grady Way Renton, WA 98057-3232 ATTN: Ellen Talbo RE: Professional Services – Comprehensive Safety Action Plan Page | 5 The City will follow the following timetable: Issue Request for Qualifications May 1, 2025 Submittal Deadline May 23, 2025 Selection of Firms to Interview Target date: Week of June 2, 2025 Virtual Interview with Firms Target dates: Week of June 9 2025 Notify Selected Firm Target date: Week of June 23, 2025 Issue Notice to Proceed: Within 45 days of selection notice to allow for Council approval In accordance with federal statutes, rules, and regulations for federally funded projects, please note the following: SOCIOECONOMIC: 1. Prime Consultant Requirements: If subcontracts are to be let, the prime consultant 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. 2. Delivery Schedules: City is to receive all documents per the executed Professional Services Agreement by the Notice to Proceed date. An example copy of the City’s Professional Services Agreement is attached (See Attachment A). SYSTEM FOR AWARD MANAGEMENT (SAM): 1. 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. Submitted proof of registration with the SAM system is requested of all Submitters. Self-certification regarding federal debarment and suspension status is also requested of all Submitters. Submitters should see Attachment B, complete it, and include it as an attachment in their bid. Attachment of the form does not count toward the page limit. 2. 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. ADMINISTRATIVE INFORMATION: 1) Minority-owned, Women-owned Business Enterprises, and Disadvantaged Business Enterprises (DBEs): The City of Renton promotes and encourages Minority, Women, Veteran, and Disadvantaged Business Enterprise (M/W/V/DBE) participation on its contracts and is interested in submittals that reasonably involve such participation as prime consultants, joint venture partners or subconsultants. PSRC and the City of Renton have not established a participation goal or requirement for this contract opportunity. Page | 6 Disadvantaged Business Enterprises (DBE), Minority Business Enterprises (MBE), Women-owned Business Enterprises (WBE) or Veteran-owned Businesses (VOB) should indicate their ownership status. 2) Basic Eligibility: Any successful Consultant must be licensed to do business in the State of Washington, the City of Renton and must have a state Unified Business Identifier (UBI) number or proof of eligibility to do business in the State of Washington, such as a Tax EIN. In addition, the successful Consultant must not be debarred, suspended, or otherwise ineligible to contract with the City. Submitters should include the UBI number or Tax EIN on their Letter of Interest. 3) Approval of Sub-Consultants: The City retains the right of final approval of any sub-consultant of the selected Consultant who must inform all sub-consultants of this provision. 4) Documents Produced: All project drawings, reports, specifications, and other documents produced under Contract to the City shall become the exclusive property of the City. 5) City Contract: The selected consultant will be required to enter into the attached City Professional Services Template which may be updated (See Attachment A). Americans with Disabilities Act (ADA) Information The City of Renton in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing adarenton@rentonwa.gov. Title VI Statement The City of Renton, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d to 2000d-4) and the Regulations, hereby notifies all Submitters that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Terms and Conditions The City may, at its sole discretion, cancel this Request for Qualifications (RFQ), issue a new RFQ, reject any or all Statements of Qualifications (SOQ’s), seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to this RFQ, seek and receive clarifications to an SOQ and waive any deficiencies, irregularities or technicalities in considering and evaluating the SOQ’s. This RFQ does not commit the City to enter into a contract. The City assumes no obligations, responsibilities and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred by the parties responding to this RFQ. All such costs shall be borne solely by each Submitter. Materials submitted in response to this competitive process shall become the property of the City and will not be returned. All submittals received will remain confidential until the City and the selected Consultant sign any contracts resulting from this advertisement. All submittals are deemed public records as defined in RCW 42.56. END OF REQUEST FOR QUALIFICATIONS pg. 7 ATTACHMENT A – Sample of City of Renton Professional Services Agreement pg. 8 AGREEMENT FOR CLICK HERE TO ENTER TEXT. THIS AGREEMENT, dated for reference purposes only as Month XX, XXXX, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Click here to enter text. (“Consultant”), Click here to enter text.. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Click here to enter text. as specified in Exhibit Click here to enter text., which is attached and incorporated herein and may hereinafter be referred to as the “Work.” [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 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 Page | 9 appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards 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. Page | 10 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e- mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Consultant 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 consultant, 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, Page | 11 awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. Page | 12 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. 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: Page | 13 A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-consultant/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: Page | 14 A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Enter name of Contract/Project Manager. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the 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 Page | 15 and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Enter Signer’s Name Enter Signer’s Title Enter Signer’s Name Enter Signer’s Title _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Enter City Attorney Name Enter City Attorney Title Contract Template Updated 5/21/2021 pg. 16 ATTACHMENT B – SAM Registration and Self-Certification Regarding Federal Debarment and Suspension Status Please complete and include this form in your submittal. Inclusion of this form does not count toward the page limit. I have included proof of registration in the System for Award Management and it is included in this submittal (please check one): Yes No CERTIFICATION REGARDING FEDERAL DEBARMENT AND SUSPENSION STATUS: ______________________________ (name of bidder) affirms that neither it nor its principals nor its subconsultants 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 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. ______________________________ (name of bidder) 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. _____________________________________ _____________________ (Signature of Principal) Date