HomeMy WebLinkAboutFull Ad - Renton_May Creek Trail Bank Stabilization RFQ
REQUEST FOR QUALIFICATIONS
May Creek Trail Bank Stabilization Project:
A&E Professional Services
May Creek Bank Stabilization Project RFQ
May Creek Trail Bank Stabilization Project RFQ
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City of Renton
Parks and Recreation
April 20, 2026
Submittal Deadline: May 19, 2026, 12:00 PM (Noon)
The City of Renton – Parks and Recreation Department (Parks), is soliciting Statements of Qualifications
(SOQ) for Architectural and Engineering (A&E) Professional Services for the scope of work listed below.
This RFQ is issued in accordance with applicable City procurement policies and federal contracting
requirements associated with anticipated Federal Emergency Management Agency (FEMA) funding. A
sample of the professional services agreement that will be used is provided in Attachment A.
The City intends to select the most qualified firm and negotiate a professional services agreement
consistent with the Brooks Act qualifications-based selection requirements (40 U.S.C. 1101 et seq. and
chapter 39.80 RCW), federal award audit standards (2 CFR Part 200) and applicable FEMA Public
Assistance program requirements.
PROJECT OVERVIEW
An approximately 30-ft length of the northern creek bank along May Creek adjacent to the May Creek
Trail (approximately 4260 Lake Washington Blvd. N., Renton, WA 98056, see Figure 1) experienced
erosion during a February 2020 flood event and remains unstable. The instability threatens the May
Creek Trail and nearby park infrastructure (Attachment B: Damage Assessment). May Creek supports
multiple fish species and is classified as a Type S – Shoreline of the State. The project area is subject to
shoreline, floodplain, and sensitive area regulations. The trail is currently open to the public. The City is
pursuing FEMA Public Assistance funding to support design and construction of bank stabilization
improvements.
PRELIMINARY SCOPE OF WORK:
The following is a preliminary scope of work and anticipated schedule for the May Creek Trail Bank
Stabilization Project and may be refined in coordination with the selected consultant. All work shall be
performed in compliance with applicable federal grant requirements associated with FEMA funding.
Task 1 – Project Initiation and Site Assessment (June 2026)
• Conduct project kick-off meeting; review background materials and FEMA program
requirements
• Perform site assessment and complete topographic and bathymetric surveys to support design
and hydraulic analysis
• Identify applicable codes, standards, hazard mitigation criteria, and project constraints
• Develop a detailed schedule aligned with permitting, FEMA Environmental & Historic
Preservation (EHP) review, funding milestones, and in-water work windows
Task 2 – Repair Concept Alternatives and Early Agency Coordination (August 2026)
• Develop and evaluate preliminary bank stabilization alternatives addressing erosion, slope
stability, habitat, trail protection, constructability, cost, and environmental impacts
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• Conduct early coordination with WA State Emergency Management, FEMA, permitting agencies,
and Tribal representatives
• Recommend a preferred alternative
Task 3 – Preliminary (60%) Design (October 2026)
• Advance the selected concept to 60% design for City and FEMA review
• Identify permit requirements and necessary technical studies (e.g., hydraulic, geotechnical,
biological, cultural)
• Prepare preliminary Engineer’s Opinion of Probable Cost (OPCC)
• Participate in 60% design review meeting and submit draft documentation to FEMA
Task 4 – Permitting Support (Permit Applications – November 2026; Permits Secured – May 2027)
• Prepare and submit required local, state, and federal permit applications (e.g., shoreline,
floodplain development, HPA, Section 404/401)
• Prepare supporting narratives, drawings, environmental documentation, and technical materials
required for agency and FEMA EHP review
• Respond to agency, Tribal, and FEMA comments and coordinate revisions to secure approvals
Task 5 – Final Design (90%) and Bid Documents (February–June 2027)
• Advance plans and specifications to 90% for City (including CED-Civil Construction) and FEMA
review; update OPCC
• Incorporate review comments and finalize construction-ready bid documents
• Coordinate submission of final design and updated Scope of Work to FEMA for approval
• Prepare justification for scope or cost changes and obtain FEMA concurrence prior to
implementation
• Provide final Engineer’s Opinion of Probable Cost
Task 6 – Bidding and Contracting Support (Through October 2027)
• Support bidding process, including addenda, responses to questions, and attend pre-bid
meeting
• Assist with review of bids and provide a recommendation of award
• Assist the City in responding to FEMA inquiries related to procurement or contract award
Task 7 – Construction Administration Assistance (Construction Anticipated June–September 2028)
• Attend preconstruction and selected progress meetings.
• Provide construction observation during critical phases, particularly in-water work.
• Review submittals, RFIs, and change order proposals.
• Conduct substantial completion inspection, prepare punch list, and develop record drawings.
Construction is anticipated to begin in June 2028 in advance of the anticipated allowable August in-
water work window and to be completed by September 2028.
Task 8 – Project Management and Coordination (Ongoing)
• Maintain communication with the City; monitor schedule, budget, and milestones.
• Track permitting, FEMA coordination, and environmental compliance timelines.
• Identify risks and recommend mitigation strategies.
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• Assist with FEMA reimbursement documentation, grant closeout, and required federal record
retention.
STATEMENTS OF QUALIFICATIONS (SOQs):
The City will select a consultant based on relevant experience, key personnel, project approach, and
ability to perform the required work. Shortlisted firms may be invited to interview.
Applicants are to limit their submissions to an 8.5x11 page-size PDF with no more than eight (8) pages
total. Complete, 1-page resumes are to be provided as an appendix and are not part of the page limit.
Cover, Table of contents (if needed), and one-page letter of interest are not counted as part of the page
limit.
SUBMITTAL DEADLINE:
The City must receive Statement of Qualifications by May 19, 2026 at 12:00 PM (Noon). Submittals
after this deadline will be disqualified.
Please direct all questions and submit SOQs to Betsy Severtsen, Capital Projects Manager via email:
bsevertsen@rentonwa.gov
SUBMITTAL REQUIREMENTS:
1) Front Cover (Optional) - The Cover Page will not count towards the SOQ submittal page limit.
2) Letter of Interest – Briefly summarize qualifications; signed by an authorized representative of the
firm.
3) Project Understanding and Approach – Describe your understanding of the project and your
approach to delivering the work.
4) Project Team – Describe your project team and why it is the best fit for this project. At a minimum,
address the following items in your response:
a) Provide a list of key personnel and their roles, including clearly identifying your Project Manager.
b) Provide resumes of key personnel highlighting relevant experience as an appendix which will not
count towards the SOQ submittal page limit.
c) Outline your entire project team’s experience working together on projects of similar scope and
size in Western Washington or similar climates.
5) References – Provide three (3) references for projects related to the scope of work completed in the
last five (5) years for this RFQ. Provide Project name, owner, reference name, phone number, and
email address.
CONSULTANT EVALUATION CRITERIA:
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The following criteria will be utilized to evaluate the qualifications of each team :
Proposal Evaluation Criteria
1) The specialized experience and technical competence of the key individuals who will provide the
requested services as detailed in the Scope of Work, including but not limited to the proposed
project manager, major subconsultants, and key staff from each firm. 30 points
2) The proposed firm’s recent experience and expertise in providing services similar in scope and
complexity as those detailed in the Scope of Work, including FEMA-funded projects. 30 Points
3) Proposer’s problem identification and proposed approach to accomplish the work as described in
the Scope of Work and, appropriate, demonstrated capability to explore and develop innovative
project recommendations. 20 Points
4) Proposer’s approach will be evaluated for comprehensiveness and accuracy of understanding of key
issues and risks. 20 Points
Interview Evaluation Criteria
Should the City of Renton require more clarification, at the City’s discretion, the project team from the
top proposals will be interviewed prior to final selection. If interviews are conducted, the following
evaluation criteria will be applied:
1) The Proposer’s response to questions regarding experience, past projects, and collaboration with
clients. 40 Points
2) The Proposer’s response to scope specific question. 60 Points
SUBMISSION REQUIREMENTS:
1) All SOQs received will become the property of the City and subject to the Washington State Public
Records Act (RCW 42.56).
SELECTION PROCESS:
1) The selection committee will evaluate, rate, and score each SOQ, according to the criteria listed
above, and may conduct reference checks as part of the process.
2) This solicitation does not obligate the City to award a Contract to any respondent. At its option, the
City reserves the right to waive minor irregularities in any SOQ without formal notice and/or to
reject any or all submittals.
3) The City reserves the right to request clarification of information submitted, and to request
additional information from any firm.
4) The City shall not be responsible for any costs incurred by the firm in preparing, submitting, or
presenting its response to the RFQ.
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5) Once the City has completed the review process and has determined the most qualified firm, it will
negotiate a scope of work, performance schedule, and compensation amount to be included in the
professional services agreement.
6) Approximate Selection Timeline:
Clarification Questions Due May 4, 2026, 5:00 PM
Question Responses Provided by City May 7, 2026
SOQ Deadline May 19, 2026, 12:00 PM (Noon)
SOQ Review Complete and Interviews (as required) Week of June 1, 2026
Notice of Intent to Award Week of June 8, 2026
Contract Executed and Notice to Proceed July 2026
ADMINISTRATIVE INFORMATION:
1) Minority-owned and Women-owned Business Enterprises: The City strongly encourages minority
owned and women owned businesses, socially and economically disadvantaged business
enterprises, and small businesses to respond to this RFQ, to participate as partners, or to participate
in other business activity in response to this RFQ.
2) Basic Eligibility: Any successful firm must be licensed to do business in the State of Washington, the
City of Renton, and must have a state Unified Business Identifier (UBI) number. In addition, the
successful firm must not be debarred, suspended, or otherwise ineligible to contract with the City.
3) Approval of Sub-Consultants: The City retains the right of final approval of any sub-consultant of the
selected firm, the prime consultant must inform all sub-consultants of this provision.
4) Documents Produced: All project drawings, reports, specifications, and other documents produced
under Contract to the City shall become the exclusive property of the City.
5) 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 Betsy Severtsen at bsevertsen@rentonwa.gov.
6) Title VI Statement: The City of Renton in accordance with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted
programs of the Department of Transportation issued pursuant to such Act, hereby notifies all
bidders that it will affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, national origin, or sex in consideration for an award.
END OF REQUEST FOR QUALIFICATIONS
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Figure 1: May Creek Trail Bank Stabilization Project Location
May Creek Bank Stabilization Project RFQ
ATTACHMENT A: SAMPLE AGREEMENT
AGREEMENT FOR MAY CREEK TRAIL BANK STABILIZATION
PROJECT PROFESSIONAL SERVICES
THIS AGREEMENT, dated for reference purposes only as DATE, is by and between the City of
Renton (the “City”), a Washington municipal corporation, and NAME OF ENTITY (“Consultant”),
a TYPE OF ENTITY. 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 professional services to support bank
stabilization efforts for May Creek Trail as specified in Exhibit A, which is attached and
incorporated herein and may hereinafter be referred to as the “Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than DATE.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $AMOUNT, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit A. 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
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Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
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Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
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employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
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Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
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.
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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(s) 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.
H. If Consultant engages any subcontracted consultants to perform Work under this
Agreement, Consultant shall either: (1) require such subcontracted consultants to
maintain insurance equivalent to that required of Consultant under subsections A
through E above, naming the City as an additional insured on a non-contributory
primary basis, and provide certificates of insurance evidencing such coverage to the
City prior to commencing Work; or (2) ensure that Consultant’s own insurance policies
identified in subsections A through E above extend coverage to the Work performed
by subcontracted consultants on behalf of Consultant, with the City named as an
additional insured on a non-contributory primary basis for such Work.
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.
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CITY OF RENTON
Project Manager Name
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-XXXXXXXX
E-mail Address
CONSULTANT
Project Manager Name
Street Address
City, State Zip
Phone: (XXX) XXX-XXXX
E-mail Address
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. Federal Contracting Provisions: Consultant agrees to comply with the applicable Federal
contracting provisions that are in effect on the date Consultant performs Work under this
Agreement as specified in the document entitled, “State and Federal Laws to be
Observed,” which is attached herto as Exhibit “B” and incorporated herein.
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19. 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-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.
20. 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 project 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
PAGE 9 OF 11
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 and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
PAGE 10 OF 11
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
PAGE 11 OF 11
Contract Template Updated 5/21/2021
Exhibit A
(Selected Consultants Scope/Fee)
1
Updated 6/8/2022 1
STATE AND FEDERAL LAWS TO BE OBSERVED
The APPLICANT must comply with all state and federal laws in performing
all tasks undertaken with respect to the Public Assistance Program. The
following sections are included for informational purposes and are not
professed to include all relevant laws. It is the APPLICANT’s
responsibility to comply with all federal, state, and local laws.
1. EQUAL EMPLOYMENT OPPORTUNITY – All contracts shall contain
a provision requiring compliance with E.O. 11246, “Equal Employment
Opportunity,” as amended by E.O. 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and as
supplemented by regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
2. COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874 AND 40 U.S.C.
276c) – All contracts and subgrants in excess of $2,000 for
construction or repair awarded by recipients and subrecipients shall
include a provision for compliance with the Copeland “Anti-Kickback”
Act (18 U.S.C. 874), as supplemented by Department of Labor
regulations (29 CFR part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor
or subrecipient shall be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he is otherwise
entitled. The recipient shall report all suspected or reported violations
to the Federal awarding agency.
3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40
U.S.C 327-333) – Where applicable, all contracts awarded by
recipients in excess of $2,000 for construction contracts and in excess
of $2,500 for other contracts that involve the employment of mechanics
or laborers shall include a provision for compliance with Sections 102
and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-333), as supplemented by Department of Labor regulations
(29 CFR part 5). Under Section 102 of the Act, each contractor shall
be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is
compensated at a rate of not less than 1 ½ times the basic rate of pay
for all hours worked in excess of 40 hours in the work week. Section
107 of the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous.
Exhibit B
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These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
4. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR
AGREEMENT – Contracts or agreements for the performance of
experimental, developmental, or research work shall provide for the
rights of the Federal Government and the recipient in any resulting
invention in accordance with 37 CFR part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by the awarding agency.
5. CLEAN AIR ACT (42 U.S.C. 7401 et seq.) AND THE FEDERAL
WATER POLLUTION CONTROL ACT(33 U.S.C. 1251 et seq.), as
amended – Contractors and subgrants of amounts in excess of
$100,000 shall contain a provision that requires the recipient to agree
to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.)
Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) –
Contractors who apply or bid for an award of $100,000 or more shall
file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose any
lobbying in non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
7. DEBARMENT AND SUSPENSION (E.O.s 12549 and 12689) – No
contract shall be made to parties listed on the General Services
Administration’s List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and
12689, “Debarment and Suspension.” This list contains the names of
parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority
other than E.O. 12549. Contractors with awards that exceed the small
Exhibit B
3
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purchase threshold shall provide the required certification regarding its
exclusion status and that of its principal employees.
8. PUBLIC LAW 88-352, TITLE VI OF THE CIVIL RIGHTS ACT OF
1964(42 U.S.C. 2000d et seq.) (24 CFR Part 1). The APPLICANT
must comply with the provisions of "Public Law 88-352," which refers
to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
The law provides that no person in the United States shall, on the
grounds of race, color or national origin, be denied the benefits of, be
excluded from participation in, or be subjected to discrimination under
any program or activity receiving federal financial assistance.
9. SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED
(29 U.S.C. 794). The APPLICANT must comply with Section 504 of
the Rehabilitation Act of 1973, as amended, which provides that no
otherwise qualified individual shall, solely by reason of his or her
disability, be excluded from participation (including employment),
denied program benefits or be subjected to discrimination under any
program or activity receiving federal assistance funds.
10. AMERICANS WITH DISABILITIES ACT (42 U.S.C. 12101, et seq.)
The APPLICANT shall comply with the provisions of the Americans
with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a
comprehensive national mandate to eliminate discrimination against
individuals with disabilities. The Act may impose requirements on the
APPLICANT in four principle ways: 1) with respect to employment; 2)
with respect to the provision of public services; 3) with respect to
transportation; 4) with respect to existing facilities and new
construction.
11. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA)
(42 U.S.C Section 4321 et seq., and 24 CFR Part 58). The
APPLICANT shall comply with the provisions of the National
Environmental Policy Act of 1969. The purpose of this Act is to attain
the widest use of the environment without degradation, risk to health or
safety, or other undesirable and unintended consequences.
Environmental review procedures, including determining and
publishing a Finding of Significance or of No Significance for a
proposal, are a necessary part of this process. Pursuant to these
provisions, the APPLICANT must also submit environmental
certifications to the DEPARTMENT when requesting that funds be
released for the project. The APPLICANT must certify that the
proposed project will not significantly impact the environment and that
the APPLICANT has complied with environmental regulations and
fulfilled its obligations to give public notice of the funding request,
environmental findings and compliance performance.
Exhibit B
4
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12. EXECUTIVE ORDER 11990, MAY 24, 1977: PROTECTION OF
WETLANDS (42 F.R. 26961 et seq.) The APPLICANT shall comply
with Executive Order 11990. The intent of this Executive Order is (1)
to avoid, to the extent possible, adverse impacts associated with the
destruction or modification of wetland, and (2) to avoid direct or indirect
support of new construction in wetlands wherever there is a practical
alternative. The APPLICANT, to the extent permitted by law, must
avoid undertaking or providing assistance for new construction located
in wetlands unless (1) there is no practical alternative to such
construction, and (2) the proposed action includes all practical
measures to minimize harm to wetlands which may result from such
use. In making this determination, the APPLICANT may take into
account economic, environmental and other pertinent factors.
13. EXECUTIVE ORDER 11988, MAY 24, 1977: FLOODPLAIN
MANAGEMENT (42 F.R. 26951 et seq). The APPLICANT shall
comply with the provisions of Executive Order 11988. The intent of this
Executive Order is to (1) avoid, to the extent possible, adverse impacts
associated with the occupancy and modification of floodplains, and (2)
avoid direct or indirect support of floodplain development wherever
there is a practical alternative. If the APPLICANT proposes to conduct,
support or allow an action to be located in a floodplain, the
APPLICANT must consider alternatives to avoid adverse effects and
incompatible involvement in the floodplain. If siting in a floodplain is
the only practical alternative, the APPLICANT must, prior to taking any
action (1) design or modify its actions in order to minimize any potential
harm to the floodplain, and (2) prepare and circulate a notice
containing an explanation of why the action is proposed to be located
in a floodplain.
14. THE WILD AND SCENIC RIVERS ACT OF 1968, AS AMENDED (16
U.S.C. 1271 et seq.). The APPLICANT shall comply with the Wild and
Scenic Rivers Act. The purpose of this Act is to preserve selected
rivers or sections of rivers in their free-flowing condition, to protect the
water quality of such rivers and to fulfill other vital national
conservation goals. Federal assistance by loan, grant, license, or
other mechanism cannot be provided to water resources construction
projects that would have a direct and adverse effect on any river
included or designated for study or inclusion in the National Wild and
Scenic River System.
15. COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED (16
U.S.C. 1451 et seq.). The APPLICANT shall comply with the Coastal
Zone Management Act of 1972, as amended. The intent of this Act is
to preserve, protect, develop, and where possible, restore or enhance
Exhibit B
5
Updated 6/8/2022 5
the resources of the nation's coastal zone. Federal agencies cannot
approve assistance for proposed projects that are inconsistent with the
state's Coastal Zone Management program except upon a finding by
the U.S. Secretary of Commerce that such a project is consistent with
the purpose of this chapter or necessary in the interests of national
security.
16. THE ENDANGERED SPECIES ACT OF 1973, AS AMENDED (16
U.S.C. 1531 et seq.). The APPLICANT shall comply with the
Endangered Species Act of 1973, as amended. The intent of this Act
is to ensure that all federally assisted projects seek to preserve
endangered or threatened species. Federally authorized and funded
projects must not jeopardize the continued existence of endangered
and threatened species or result in the destruction of or modification of
habitat of such species which is determined by the U.S. Department of
the Interior, after consultation with the state, to be critical.
17. THE RESERVOIR SALVAGE ACT OF 1960, AS AMENDED BY THE
ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT OF
1974 (16 U.S.C. 469 et seq.). Under the Reservoir Salvage Act, the
APPLICANT must comply with provisions for the preservation of
historical and archaeological data (including relics and specimens) that
might otherwise be irreparably lost or destroyed as a result of any
alteration of the terrain caused as a result of any federal construction
project or federally licensed activity or program. Whenever the
APPLICANT finds, or is notified in writing by an appropriate historical
or archaeological authority, that its activities in connection with any
federal funded construction project or federally licensed project, activity
or program may cause irreparable loss or destruction of significant
scientific, prehistoric, historical or archaeological data, the APPLICANT
must stop work immediately and must notify the U.S. Secretary of
Interior and the Department in writing and provide appropriate
information concerning the project or program activity.
18. THE ARCHAEOLOGICAL AND HISTORICAL DATA
PRESERVATION ACT OF 1974 (16 U.S.C. 469 a-1 et seq.). The
APPLICANT shall comply with the Archaeological and Historical Data
Preservation Act, which provides for the preservation of historic and
archaeological information that would be lost due to development and
construction activities as a result of federally funded activities.
19. THE SAFE DRINKING WATER ACT OF 1974, AS AMENDED (42
U.S.C. Section 201, 300(f) et seq., and U.S.C. Section 349). The
APPLICANT must comply with the Safe Drinking Water Act, as
amended, which is intended to protect underground sources of water.
Exhibit B
6
Updated 6/8/2022 6
No commitment for federal financial assistance, according to this Act,
shall be entered into for any project, which the U.S. Environmental
Protection Agency determines, may contaminate an aquifer that is the
sole or principal drinking water source for an area.
20. THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972, AS
AMENDED, INCLUDING THE CLEAR WATER ACT OF 1977,
PUBLIC LAW 92-212 (33 U.S.C. SECTION 1251 et seq.). The
APPLICANT must assure compliance with the Water Pollution Control
Act, as amended, which provides for the restoration of chemical,
physical and biological integrity of the nation's water.
21. THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (42
U.S.C. SECTION 6901 et seq.) The APPLICANT must assure
compliance with the Solid Waste Disposal Act, as amended. The
purpose of this Act is to promote the protection of health and the
environment and to conserve valuable material and energy resources.
22. THE FISH AND WILDLIFE COORDINATION ACT OF 1958, AS
AMENDED (16 U.S.C. SECTION 661 et seq.) The APPLICANT must
assure compliance with the Fish and Wildlife Coordination Act, as
amended. The Act assures that wildlife conservation receives equal
consideration and is coordinated with other features of water resources
development programs.
23. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION
POLICY, CHAPTER 8.26 RCW. The APPLICANT shall comply with
the provisions of Chapter 8.26 RCW and Chapter 365-24 WAC when
its activities involve any acquisition of real property assisted under this
Grant Agreement or the displacement of any family, individual,
business, nonprofit organization or farm that results from such
acquisition.
24. STATE ENVIRONMENTAL POLICY ACT (SEPA), CHAPTER 43.21
(C) RCW. The APPLICANT shall comply with the provisions of
Chapter 43.21(C) RCW and Chapter 197-11 WAC, the guidelines by
which local agencies will (1) require environmental checklists from
private and public entities considering an action potentially subject to
the Environmental Impact Statement (EIS) requirement of SEPA, (2)
make "threshold determinations" that such an action will not have a
significant environmental impact, (3) provide for the preparation of a
draft and final EIS if the action has significant impact, and (4) circulate
the EIS to other agencies and interested parties.
Exhibit B
7
Updated 6/8/2022 7
25. NOISE CONTROL, CHAPTER 70.107 RCW. The APPLICANT shall
assure compliance with the state Noise Control Act. Objectives of the
Act are to assist local governments in implementing local noise
ordinances and to control and reduce excessive noise in Washington.
26. SHORELINE MANAGEMENT ACT OF 1971, CHAPTER 90.58 RCW.
The APPLICANT shall comply with the provisions of Chapter 90.58
RCW. This Act defines a planning program and a permit system,
which are initiated at the local government level under state guidance.
Its purpose is to protect and enhance the state's shoreline and it
includes a comprehensive shoreline inventory process and a master
program for regulation of shoreline uses. A permit application at the
local level must be in compliance with those plans and consistent with
the state Coastal Zone Management program if substantial
developments and shoreline modifications occur, and a record of the
application and decision must be submitted to the state.
27. STATE BUILDING CODE, CHAPTER 19.27 RCW; ENERGY
RELATED BUILDING STANDARDS, CHAPTER 19.27A RCW; AND
PROVISIONS IN BUILDINGS FOR AGED AND HANDICAPPED
PERSONS, CHAPTER 70.92 RCW. The APPLICANT shall comply
with the provisions of Chapter 19.27 RCW, Chapter 19.27A RCW,
Chapter 70.92 RCW and the regulations for building construction and
for barrier free facilities adopted by the Washington State Building
Code Council pursuant to these statutes. The State Building Code Act
provides for a uniform state building code and mandates
counties, cities and towns to administer and enforce its provisions.
Local governments are authorized to modify the state building code to
fit local conditions as long as such modifications do not result in a code
that is less than the minimum performance standards and objectives
contained in the state code.
28. OPEN PUBLIC MEETINGS ACT, CHAPTER 42.30 RCW. The
APPLICANT shall comply with provisions of Chapter 42.30 RCW which
require that all meetings of the governing body which pertain to this
Grant Agreement shall be open to the public except those where
specific provision is made for executive sessions pursuant to RCW
42.30.110.
29. LAW AGAINST DISCRIMINATION, CHAPTER 49.60 RCW. The
APPLICANT shall comply with the provisions of Chapter 49.60 RCW in
all activities relating to this Grant Agreement.
Exhibit B
8
Updated 6/8/2022 8
30. GOVERNOR'S EXECUTIVE ORDER 89-10, DECEMBER 11, 1989:
PROTECTION OF WETLANDS, AND GOVERNOR'S EXECUTIVE
ORDER 90-04, APRIL 21, 1990: PROTECTION OF WETLANDS.
The APPLICANT shall ensure that it avoids any activities that would
adversely affect wetlands and adequately mitigates unavoidable
impacts. For the purposes of this requirement, except where a
contrary definition is provided by statute, mitigation means: (1)
avoiding the impact altogether by not taking certain action or part of an
action; (2) minimizing impacts by limiting the degree or magnitude of
the action and its implementation, by using appropriate technology, or
by taking affirmative steps to avoid or reduce impacts; (3) rectifying the
impact by repairing, rehabilitating, or restoring the affected
environment; (4) reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the action;
(5) compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and (6) monitoring the impact
and taking appropriate corrective measures.
Mitigation for individual actions may include a combination of the
above measures. Mitigation may not include any of the above
measures to the extent that they may be contrary to statute as applied
under the particular circumstances. Emergency work that is essential
to save lives and protect property and public health is exempt from
these provisions.
31. PREVAILING WAGES ON PUBLIC WORKS, CHAPTER 39.12 RCW.
The APPLICANT shall comply with the provisions of Chapter 39.12,
Prevailing Wages on Public Works. This statute mandates that the
prevailing rate of wage, as determined by the State Department of
Labor and Industries, be paid to workers performing under public
works contracts.
32. CONTRACTING WITH SMALL MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS. In
accordance 44 CFR 13.36(e), Contracting With Small and Minority
Firms, if employing contractors or suppliers the Contractor will take
affirmative steps to assure that minority firms, women’s business
enterprises, and labor surplus area firms are used when possible. (1)
The grantee and subgrantee will take all necessary affirmative steps to
assure that minority firms, women’s enterprises and labor surplus area
firms are used when possible. (2) Affirmative steps shall include: (i)
Placing qualified small and minority businesses, and women’s
business enterprises on solicitation lists; (ii) Assuring that small and
minority enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small
and minority business, and women’s business enterprises; (iv)
9
Updated 6/8/2022 9
Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority business, and women’s
business enterprises; (v) Using the services and assistance of the
Small Business Administration, and the Minority Business
Development Agency of the Department of Commerce; and (vi)
Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (e)(2)(i) through (v) of this
section.
33. PROHIBITION ON CONTRACTING FOR COVERED
TELECOMMUNICATION EQUIPMENT OR SERVICES
(a) Definitions. As used in this clause, the terms backhaul; covered
foreign country; covered telecommunications equipment or services;
interconnection arrangements; roaming; substantial or essential
component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on
Expending FEMA Award Funds for Covered Telecommunications
Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2
C.F.R. § 200.216 prohibit the head of an executive agency on or after
Aug.13, 2020, from obligating or expending grant, cooperative
agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national
security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the
contractor and its subcontractors may not use grant, cooperative
agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any
system;
(ii) Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any
system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of
any system; or
Exhibit B
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(iv) Provide, as part of its performance of this contract, subcontract, or
other contractual instrument, any equipment, system, or service that
uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing— (i) A
service that connects to the facilities of a third-party, such as backhaul,
roaming, or interconnection arrangements; or (ii) Telecommunications
equipment that cannot route or redirect user data traffic or permit
visibility into any user data or packets that such equipment transmits or
otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do
not apply to: (i) Covered telecommunications equipment or services
that:
i. Are not used as a substantial or essential component of any
system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not
considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications
equipment or services used as a substantial or essential component of
any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a
subcontractor at any tier or by any other source, the contractor shall
report the information in paragraph (d)(2) of this clause to the recipient
or subrecipient, unless elsewhere in this contract are established
procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to
paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or
notification: The contract number; the order number(s), if applicable;
supplier name; supplier unique entity identifier (if known); supplier
Commercial and Government Entity (CAGE) code (if known); brand;
model number (original equipment manufacturer number, manufacturer
part number, or wholesaler number); item description; and any readily
available information about mitigation actions undertaken or
recommended.
(ii) Within 10 business days of submitting the information in paragraph
(d)(2)(i) of this clause: Any further available information about
Exhibit B
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mitigation actions undertaken or recommended. In addition, the
contractor shall describe the efforts it undertook to prevent use or
submission of covered telecommunications equipment or services, and
any additional efforts that will be incorporated to prevent future use or
submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this
clause, including this paragraph (e), in all subcontracts and other
contractual instruments.
34. DOMESTIC PREFERENCE FOR PROCUREMENTS
As appropriate, and to the extent consistent with law, the contractor
should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced
in the United States. This includes, but is not limited to iron, aluminum,
steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that
all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
Manufactured products mean items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
In compliance with section 1225 of the Disaster Recovery Reform Act
of 2018, the APPLICANT and the Contractor acknowledge and agree
that no language in this contract is intended to prohibit audits or
internal reviews by the FEMA Administrator or the Comptroller General
of the United States.
35. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND
EXECUTIVE ORDERS AND ACKNOWLEDGEMENT OF FEDERAL
FUNDING
This is an acknowledgement that FEMA financial assistance will be
used to fund all or a portion of the contract. The contractor will comply
with all applicable federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
36. NO OBLIGATION BY FEDERAL GOVERNMENT
The federal government is not a party to this contract and is not
subject to any obligations or liabilities to the non-federal entity,
contractor, or any other party pertaining to any matter resulting from
the contract.”
Exhibit B
12
Updated 6/8/2022 12
37. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
OR RELATED ACTS
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to the contractor’s
actions pertaining to this contract.
38. AFFIRMATIVE SOCIOECONOMIC STEPS
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 firms are used when possible.
39. COPYRIGHT AND DATA RIGHTS
License and Delivery of Works Subject to Copyright and Data Rights
The Contractor grants to the APPLICANT, a paid-up, royalty-free,
nonexclusive, irrevocable, worldwide license in data first produced in
the performance of this contract to reproduce, publish, or otherwise
use, including prepare derivative works, distribute copies to the public,
and perform publicly and display publicly such data. For data required
by the contract but not first produced in the performance of this
contract, the Contractor will identify such data and grant to the
APPLICANT or acquires on its behalf a license of the same scope as
for data first produced in the performance of this contract. Data, as
used herein, shall include any work subject to copyright under 17
U.S.C. § 102, for example, any written reports or literary works,
software and/or source code, music, choreography, pictures or
images, graphics, sculptures, videos, motion pictures or other
audiovisual works, sound and/or video recordings, and architectural
works. Upon or before the completion of this contract, the Contractor
will deliver to the APPLICANT data first produced in the performance
of this contract and data required by the contract but not first produced
in the performance of this contract in formats acceptable by the
APPLICANT.
Exhibit B
May Creek Bank Stabilization Project RFQ
ATTACHMENT B: DAMAGE ASSESSMENT