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HomeMy WebLinkAboutAddendum - 1City of Renton Page 1 of 3 Contract - # 9432 / CPA #6484237 Amendment #1 Department of Community and Human Services Housing and Community Development Division CONTRACT AMENDMENT DCHS /Housing and Community Development Division Parent Contract No. 9432 Project/Program Name Renton Senior Center Improvements - Soft Costs CPA No. (Contract No. prior to Dec. 2024) 6484237 Amendment No. 1 Amendment Start Date 12/01/2025 Contractor City of Renton Address 1055 South Grady Way Renton, WA 98055 PURPOSE OF AMENDMENT The purpose of this amendment is to: 1.Add Roof and HVAC construction costs as eligible expenses; 2.Add a Project Milestones & Expenditures Table as Attachment D; 3.Add an additional $1,033,020 of CDBG funding; 4.Extend the end date of the Contract from November 30, 2025 to April 30, 2027; and 5.Add $15,000 to the HVAC Design and Engineering Line Item. Changes in funding are detailed in Section A below. As a result of this amendment, the new total contract amount is $1,253,020. This amendment extends the contract through April 30, 2027, impacting Section 2 of the contract’s Standard Terms and Conditions. Details are noted in Section B below. This amendment replaces the original Statement of Work, and Attachments B and C, adds Attachment D PROJECT MILESTONES & EXPENDITURES. Details are noted below in Section C. A.ADDITIONAL OR CHANGED FUNDING ITEMS Funding Period Fund Source Fund Type Original Funding Allocation Changed Funding Allocations Revised Total Allocations Purpose 12/1/2024 -4/30/2027 2024 HCD CDBG Federal 85,000 85,0008 Roof Design & Engineering 12/1/2024 -4/30/2027 HCD CDBG-CV3 Federal 135,000 15,000 150,000 HVAC Design & Engineering 12/1/2025 -4/30/2027 HCD CDBG-CV3 Federal 308,258 308,2583 HVAC Construction 12/1/2025 -4/30/2027 2024 HCD CDBG Federal 318,804 318,8043 Roof Construction 12/1/2025 -4/30/2027 2025 HCD CDBG Federal 390,958 390,9583 Roof & HVAC Construction Totals 220,000 1,033,020 1,253,020 "'%!!("#          GRA-25-001, Adden #1-26 City of Renton Page 2 of 3 Contract - # 9432 / CPA #6484237 Amendment #1 B. CHANGES TO STANDARD TERMS AND CONDITIONS 1. Section 2 is removed and replaced as follows: The terms of this Contract shall become effective on the date of last signature and shall terminate on 4/30/2027, unless extended or terminated earlier, pursuant to the terms and conditions of this Contract. Amended contracted services, as described in the attached Statement of Work may be compensated as outlined below beginning on 12/01/2025, (the “Service Period Start Date”). Costs incurred after the End Date will not be reimbursed. The Contractor shall own and operate the project during the compliance period as defined in the Program/Project Statement of Work. C. CHANGES TO STATEMENT OF WORK 1. Statement of Work. Remove and replace the original Statement of Work (SOW) with the Amended SOW attached to this amendment. 2. Attachment B. Remove and replace the original project budget with the updated budget as attached to this amendment. 3. Attachment C. Remove and replace the original FAIN Table with the updated FAIN Table as attached to this amendment. 4. Attachment D. Add Project Milestones & Expenditures as Attachment D as attached to this amendment. "'%!!("#          City of Renton Page 3 of 3 Contract - # 9432 / CPA #6484237 Amendment #1 All other terms and conditions of this Contract remain unchanged and in full force and effect. All capitalized terms not otherwise defined in this amendment have the meaning ascribed to them in the Contract or Statement of Work. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and take effect on the date of the last signature. KING COUNTY CITY OF RENTON $docusign:SignHere::InternalSigner1 $docusign:SignHere::Customer1 Sunaree Marshall FOR King County Executive $docusign:FullName::InternalSigner1 Mayor Armondo Pavone $docusign:FullName::Customer1 Date nternalSigner1 Date Jason A. Seth City Clerk [Attests to Mayor’s signature] $docusign:FullName::Customer1 Blythe Phillips Assistant City Attorney [Approved as to Legal Form] $docusign:DateSigned::Customer1 Lori Fleming Human Services Coordinator [Reviews] Cynthia Moya City Clerk Specialist "'%!!("#           ##$"())&#%(     City of Renton Page 1 of 7 Contract - # 9432 Amendment 1 Att A Amended SOW AMENDED STATEMENT OF WORK CITY OF RENTON SENIOR CENTER IMPROVEMENTS Contract No.: 6484237 King County Project Manager: Lynn Scherer Contractor Contact Person: Lori Fleming Start Date: December 1, 2024 Telephone: 425-430-6655 End Date: April 30, 2027 E-Mail: LFleming@rentonwa.gov I. WORK STATEMENT This Contract entered into between King County Department of Community and Human Services Housing and Community Development Division (HCD) (hereinafter referred to as “the County”) and City of Renton (hereinafter referred to as “Contractor”) to identify the roles of the parties to implement the Community Development Block Grant (CDBG) activities, beginning on 12/1/2024 and ending on 4/30/2027. All such activities shall be carried out in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules and regulations, as currently in effect or as amended in the future. The total amount of funds awarded to the Contractor by the County in this Contract shall not exceed $1,253,020 in County administered CDBG funds. II. PROJECT DESCRIPTION This Contract provides funding for the Don Persson Renton Senior Activity Center (“Renton Senior Center”) design and construction expenses for HVAC and roof improvements herein referred to as “the Project”. The scope of the work is as follows: CDBG funds shall be combined with any Contractor funds to pay for costs, including design, engineering, permitting, labor, materials, and other construction costs related to HVAC and roof improvements to the Renton Senior Center. The Project qualifies to meet a national objective under 24 CFR 570.208 (a)(2)(i)(A). III. PROJECT REQUIREMENTS A. Under this Contract the responsibilities of the County shall be as follows: 1. The County shall have the lead role in ensuring the Project meets federal requirements in order to ensure that the Project chosen for award of CDBG capital funds is completed pursuant to all applicable CDBG and other federal regulations. 2. The County shall conduct all necessary Environmental Reviews described in 24 Code of Federal Register (CFR) 570.604 - Environmental standards - of the CDBG regulations and § 58.5 - Related Federal Laws and Authorities - for compliance with requirements of the CDBG program (the Environmental Review). All mitigation measures identified in the Environmental Review shall be included in all bid specifications and construction contracts related to the Project. 3. The County shall provide Contractor all federal and County requirements for all plans, specifications, and bid documents prepared for procurement of professional services. "'%!!("#          City of Renton Page 2 of 7 Contract - # 9432 Amendment 1 Att A Amended SOW 4. The County shall ensure that the CDBG funds under this Contract shall be used to pay for Project costs that are eligible to meet Federal requirements of the program and Uniform Administrative Code. The County shall be an equal participant in collaborating with Contractor on development of final procurement documents for advertising or soliciting responses for any type of good or service including, but not limited to, professional services and construction services. 5. The County shall ensure that the construction bid specifications and construction contracts assisted in whole or in part under this Contract, include provisions requiring the prime construction contractor (the ”Prime”) to submit assurance of final payments in a format approved by the County. 6. The County shall assign a Project Manager from the HCD Community Development Program who will approve any and all payments made by the Contractor concerning the Project during the construction phase. 7. The County shall attend construction meetings at a site mutually agreed upon with an assigned representative of Contractor and the Prime during the course of construction and implementation through construction closeout. Virtual attendance shall be an acceptable substitute for on-site meeting attendance. 8. The County shall work with the Contractor in the event that the CDBG funding award is not enough to cover all desired improvements, and the two parties shall jointly determine the priority of the improvements to be made within funding limits. 9. The County shall review and authorize changes, change orders, modifications, or amendments of this Contract and/or any subsequent subcontracts, as necessary to ensure compliance with CDBG regulations. 10. County staff shall verify that federal Build America, Buy America (BABA) Requirements, set forth through the United States Infrastructure Investment and Jobs Act, Title IX, Sections 70901-70941, have been met prior to approving any payment on the Project. Payment will be withheld for any costs by Contractor, the Prime or any subcontractor of construction that is out of compliance. 11. County staff shall verify that federal labor requirements, including Section 3 Requirements, have been met prior to approving any payment on Project. Payment will be withheld for any costs that are out of compliance. B. Under this Contract the responsibilities of the Contractor shall be as follows: 1. The Contractor shall provide adequate and appropriate staff to implement the Project and be a signatory on any payment during the implementation of the Project. Contractor shall assign a Project Manager to act in this capacity and to work with the County to implement the Project. 2. The Contractor shall provide the County all local and state requirements for any plans, specifications, and bid documents prepared for procurement of professional services. 3. The Contractor shall collaborate with the County to ensure compliance with BABA requirements set forth at the United States Infrastructure Investment and Jobs Act, Title IX, Sections 70901-70941. When applicable, said requirements "'%!!("#          City of Renton Page 3 of 7 Contract - # 9432 Amendment 1 Att A Amended SOW shall be incorporated into construction bid specifications, invitations to bid and/or requests for proposals as well as construction contracts. 4. The Contractor shall ensure compliance with Section 3 requirements set forth at 24 CFR Part 75. When applicable, said requirements shall be incorporated into construction bid specifications, invitations to bid and/or requests for proposals as well as construction contracts with a contract value which exceeds $200,000. 5. The Contractor shall collaborate with the County to run a mutually agreed upon procurement process for planning and/or architecture and engineering services, and construction of the Project. Contractor shall assume responsibility for ensuring the following: a. The subcontract shall require the Engineer and the Prime to meet requirements 27 and 28 (Hold Harmless And Indemnification and Insurance Requirements—General) of this Contract. b. The subcontract shall ensure that the Architect/Engineer’s responsibilities include, but are not limited to, the following: i. During planning the Architect/Engineer shall endeavor to guard the County against apparent defects and deficiencies in the permanent work designed by the Contractor. ii. All reports and recommendations concerning construction shall be submitted to the County for approval. No decisions affecting construction shall be made without the Contractor’s approval. iii. In the event of modifications to the subcontract, which result in an increase in the subcontract amount, are made without the prior approval of the County, the Contractor shall be solely responsible for such modifications and increased costs and expenses. c. Such services shall be reimbursed to the Contractor if they are CDBG eligible expenses and funds were awarded for that purpose. d. The Contractor shall assure that all specifications and drawings are in conformance with current Project standards and general specifications and shall collaborate with the County to ensure compliance with local, state, and federal requirements associated with the use of CDBG funds. i. The work performed under this Contract is subject to the State’s prevailing wage laws, Chapter 39.12 Revised Code of Washington (RCW). Contractor shall consult with the Washington State Department of Labor and Industries to determine the State prevailing wages that must be incorporated into the Bid Documents. See Subsection D. below for more information on Prevailing Wage. e. The Contractor shall obtain all necessary and appropriate land use permits, zoning approvals, and any other permits and approvals required by local, County, state, and federal law. "'%!!("#          City of Renton Page 4 of 7 Contract - # 9432 Amendment 1 Att A Amended SOW f. The Contractor shall obtain any easements or approvals necessary to allow access onto private property required to complete the Project. Acquisition of any easement shall be obtained pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA). g. If the Project is below the federal Simplified Acquisition Threshold, the Contractor shall seek a minimum of three bids or price quotes to enhance the opportunity to obtain the best price for the construction of the Project. If three bids are not received, Contractor shall work with the County to identify an appropriate and legally acceptable alternative course of action to procure a construction contractor. 6. The Contractor shall submit to the County, for its approval, all reports and recommendations concerning design and construction of the Project. The County shall submit to Contractor for its approval all of County’s decisions affecting design and construction. Approval shall not be unreasonably delayed, withheld, or conditioned, and follow guidelines outlined in this Contract. 7. The Contractor shall have signature authority for changes, change orders, modifications, or amendments of this Contract and/or any subsequent subcontracts, as necessary to serve the public interest. Upon completion of the Project, Contractor will: a. Accept the improvements; and b. Become the successor of the construction contract. 8. Public Information In all news releases and other public notices related to Projects funded under this Contract, the Contractor shall include information identifying the source of funds as the King County Consortium Community Development Block Grant Program. 9. The Contractor shall maintain files for this Contract containing the following items: a. Notice of Grant Award; b. Motions, resolutions, or minutes documenting Board or Council actions; c. A copy of this Contract; d. Correspondence regarding budget revisions; e. Copies of all invoices and reports submitted to the County for this Project; f. Bills for payment; g. Copies of approved invoices and warrants; h. Payroll time sheets for actual salary and fringe benefit costs, time sheets signed by a supervisor and annotated to document percent of time charged against this Project if less than full time; "'%!!("#          City of Renton Page 5 of 7 Contract - # 9432 Amendment 1 Att A Amended SOW i. Documentation, such as log sheets, of copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, or alternative, annotated invoices may be used to document charges as appropriate; j. Documentation of mileage charges for private automobile use; k. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts; l. Documentation related to adherence to labor compliance rules and regulations and report submittal related to such; and m. Project status information on a Program Accomplishment form in a format produced or acceptable to the County. The Project status information shall be submitted with invoice documentation. (See Section IV below). 10. Project Completion Ceremony Upon completion of the Project, the County and the Contractor shall determine whether there will be an event or to jointly plan for such an event (for example: ribbon cutting, open house, grand opening, tour, etc.) to celebrate the successful execution of the Project. Invitations may be extended to the following representatives: King County Executive, or the Department of Community and Human Services representative on behalf of the Executive, an appropriate King County Council member(s), and a representative from the local HUD Field Office. 11. Environmental Mitigation Requirements As stipulated in the Environmental Review for this Project at HUD Environmental Review Online System, (HEROS), the following mitigation plan shall be incorporated as part of construction documents: C. Labor Standards/Prevailing Wage 1. This Project is considered a Washington State Public Works entailed Project unless the Contractor can show written proof from Washington State Department of Labor & Industries (L&I) otherwise. 2. The Contractor is the Awarding Agency per L&I and is solely responsible for setting up and monitoring the Awarding Agency Portal. (https://www.lni.wa.gov/licensing-permits/public-works-projects/awarding- agencies/awarding-agency-portal) 3. This Project Entails Federal Davis-Bacon and Related Acts Regulatory Compliance found at 29 CFR 1,3,5, with which the Contractor must abide. 4. The County shall retain five percent of the value of the Contract provided under this PROJECT until all construction activities are completed, and Washington State and federal labor standards are met. The County shall disburse the retained amount with the final invoice upon the County’s verification that the Contractor, the Prime Construction Contractor (Prime) and all subcontractors have complied with the applicably passed-down provisions of this Contract. "'%!!("#          City of Renton Page 6 of 7 Contract - # 9432 Amendment 1 Att A Amended SOW 5. The Contractor shall ensure the Prime submits: a. Federally compliant certified weekly payrolls of construction activity. b. Supporting documents for State and federal labor compliance to the County. c. The L&I Affidavit of Prevailing Wages Paid number. 6. Upon review and County approval of said documents and submissions, the County shall recommend payment by the Contractor to the Prime. 7. The County shall not reimburse the Contractor on Pay Applications from Prime if line items represent costs from subcontractors who are not in compliance with the Labor Standards Provisions of this Contract. IV. COMPENSATION AND METHOD OF PAYMENT A. The County shall apply CDBG funds to the Project in accordance with Line-Item Budget (Attachment B). B. Billing Invoice Requirements 1. The County shall not make payment on an invoice unless the HCD Project Manager has approved payment. 2. The Contractor shall submit invoices to the County within fifteen business days after the end of each quarter in which Contractor incurs costs under this Contract. The final invoice shall be submitted prior to June 18, 2027. 3. The Contractor shall submit invoices to the County in the form of a CDBG program invoice form, as provided by the County, and/or online invoice form. Such forms shall be signed by an authorized representative of the Contractor and shall be accompanied by copies of supporting documents of eligible expenditures. 4. Should revisions to milestones and spend down amounts be necessary, the Contractor and the County may agree in writing as to reasonable adjustments. C. Method of Payment The Contractor shall be reimbursed for satisfactory completion of the requirements specified in this Contract in a sum not to exceed $1,253,020. D. Project Manager Responsibility 1. Alisha Smothers shall act as Project Manager for the Contractor. (ASmothers@rentonwa.gov /cell 206-536-0566) 2. Lori Fleming shall act as the Contract/Fiscal Manager for the Contractor (Lfleming@rentonwa.gov / 425-430-6655) 3. Lynn Scherer shall act as Project Manager for the County. (LScherer@kingcounty.gov / 206.263.1969) "'%!!("#          City of Renton Page 7 of 7 Contract - # 9432 Amendment 1 Att A Amended SOW V. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports in a format and to an address provided by the County. A. The Contractor shall submit with each invoice a Project Accomplishments form, in a format provided by the County. Report shall include milestones and project status. B. The Contractor shall submit with the final invoice a completed Project Funding Report form itemizing all funding used for the project, in a format provided by the County. VI. ADDITIONAL REQUIREMENTS A. Project Progress Requirements If the Project does not incur any reimbursable costs or meet deliverables/ milestones by the end of the Contract expiration, the award may be forfeited. Significant lack of progress indicator(s) include, but are not limited to: 1. There is no progress or procurement towards project at time of contract expiration. 2. Construction is less than 25% complete and there is no definite timeline for completion within three months of Contract expiration. Extension of the contract shall require a formal letter requesting extension sent to the Community Development Manager explaining the circumstances of the delay along, a summary of corrective actions, and revised spending schedule. B. Remedies for Non-Compliance (federal) The County may impose remedies for non-compliance described at 2 CFR 200.338. C. Notice Each party shall give the other immediate written notice of any action or suit filed or any claim made against the party which may result in litigation in any way related to this Contract. D. Upon completion of improvements or upon termination of this Contract, any unexpended balances of CDBG funds shall remain with the County. "'%!!("#          City of Renton Page 1 of 1 Contract - # 9432 Amendment 1 Amended SOW Att B ATTACHMENT B BUDGET Line-Item Budget Item Funds Source Roof Design & Engineering $85,000 2024 CDBG HVAC Design & Engineering $150,000 CDBG-CV3 Roof Construction $318,804 2024 CDBG HVAC Construction $308,258 CDBG-CV3 Roof & HVAC Construction $390,958 2025 CDBG Total $1,253,020 "'%!!("#          City of Renton Page 1 of 1 Contract - # 9432 Amendment 1 Amended SOW Att C ATTACHMENT C Federal Award Identification (FAIN Reference 2 CFR 200.331) (i) Agency name (which must match the name associated with its unique entity identifier); City of Renton (ii) Agency’s unique entity identifier; UG2PSBS6UJJ3 (iii) Federal Award Identification Number (FAIN); B-24-UC-53-0001 B-20-UW-53-0001 B-25-UW-53-0001 (iv) Federal Award Date; 8/28/2024 5/7/2021 9/24/2025 (v) Subaward Period of Performance Start and End Date; 12/1/2024 – 04/30/2027 (vi) Subaward Budget Period Start and End Date 12/1/2024 – 04/30/2027 (vii) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; $ 1,253,020 (viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass - through entity including the current financial obligation; $ 1,253,020 (ix) Total Amount of the Federal Award committed to the subrecipient by the pass- through entity; $661,268 - 2024 CDBG $1,132,296 - CDBG-CV $653,631 - 2025 CDBG (x) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) CDBG and CDBG-CV Funds will be used to support development, engineering, and permitting costs for Senior Center roof and HVAC improvements. (xi) Name of Federal awarding agency, pass- through entity, and contact information for awarding official of the pass-through entity; HUD Seattle Regional Office 909 1st Ave #200 Seattle, WA 98104 (xii) Assistance Listing Number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the assistance listing number at time of disbursement; 2024 CDBG, CFDA 14.218 - $403,804 CDBG-CV CFDA 14.218 - $458.258 2025 CDBG, CFDA, 14.218 - $390,958 (xiii) Identification of whether the award is R&D; No (xiv) Indirect cost rate for the Federal award (including if the de minimus rate is charged per § 200.414 Indirect (F&A) costs). N/A Is the agency a subrecipient for the purposes of this agreement? Yes "'%!!("#          City of Renton Page1 of 1 Contract 9432 Amendment 1 Amended SOW Att D ATTACHMENT D PROJECT MILESTONES & EXPENDITURES The following milestones shall be set forth for Capital Project accomplishments. Milestones and expenditure dates may be modified owing to project conditions via email agreement between the County and Contractor. The Project shall be implemented in accordance with the following schedule. Milestones Completion Date Expenditure (Projected) Exempt Environmental Review Complete December 2024 NA Design Phase Started August 2025 $0 Design 50% Complete December 2025 $120,000 Design Bid Specs Prepared February 2026 $0 Design Phase Completed March 2026 $115,000 Project Bids Due March 2026 $0 Construction Contract Signed April 2026 $0 Construction 50% August 2026 $600,000 Construction Complete October 2026 $316,220 Retainage Released January 2027 $101,800 Project Closeout (overall amount spent by date) April 2027 $1,253,020 "'%!!("#