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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, June 8, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely
through Zoom. Public testimony during public hearings and audience comments will be
accommodated through Zoom and by telephone, but the public is requested to sign up for
such testimony by emailing cityclerk@rentonwa.govor jmedzegian@rentonwa.gov.
Attendance by telephone is available by calling 425-430-7171 and then entering code
0033665#. For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/88216438260 (or copy the URL and paste into a web browser) or
(2) email one of the above email addresses or call 425-430-6501 by 10 a.m. on the day of the
meeting to request an invite with a link to the meeting.
Those testifying or providing audience comment will be limited to 5 minutes each speaker
unless an exception is granted by the Council. Attendees will be muted and not audible to the
Council except during times they are designated to speak. Advance instructions for how to
address the Council will be provided to those who sign up in advance to speak and again
during the meeting.
The proceedings will also be available to view live on Renton’s Channel 21, and streaming live
at http://rentonwa.gov/streaming.
1. CALL TO ORDER
2. ROLL CALL
4. PUBLIC HEARING
a) Interim Zoning Control Ordinance
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of June 1, 2020
Council Concur
b) Approval of Committee of the Whole Meeting minutes of June 1, 2020
Council Concur
c) AB - 2655 Transportation Systems Division requests authorization to execute a
professional services agreement with Perteet, Inc., in the amount of $1,539,857.34 for
project management services for the Williams Ave S and Wells Ave S Conversion project.
Refer to Transportation (Aviation) Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers, Penney Lofts Sign Variance Fee Waiver Request, Farmers
Market Fee Waiver Request
b) Planning & Development Committee: State Sales Tax Credit for Affordable Housing,
Docket #14
9. LEGISLATION
Ordinance for first reading:
a) Ordinance No. 5972: Authorizing collection of existing sales tax per SHB 1406 for
affordable housing
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:45 p.m. - MEETING REMOTELY
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
PUBLIC HEARING FOR EMERGENCY ORD 5968:
SIX MONTH PERMIT EXTENSION
Renton City Council
June 8, 2020
Presented by: Vanessa Dolbee, Current Planning Manager
425-430-7312
vdolbee@rentonwa.gov
AGENDA ITEM #4. a)
Emergency Ordinance 5968 was adopted on April 20, 2020
Established Interim Zoning Controls:
•Temporarily Extend Permit Validity Six Months beyond the
typical permit time line for the following permits:
•Land Use and Subdivision Approvals (Except TUP and LUA
with a Development Agreement)
•Building Permits
•Civil Construction Permits
•Public Works Permits
State law requires a public hearing for emergency ordinances be
held within 60 days of adoption
Ord. 5968 will sunset on October 20, 2020 unless lifted sooner by
City Council or extended pursuant to state law
Emergency Ordinance 5968 was adopted on April 20, 2020
Established Interim Zoning Controls:
•Temporarily Extend Permit Validity Six Months beyond the
typical permit time line for the following permits:
•Land Use and Subdivision Approvals (Except TUP and LUA
with a Development Agreement)
•Building Permits
•Civil Construction Permits
•Public Works Permits
State law requires a public hearing for emergency ordinances be
held within 60 days of adoption
Ord. 5968 will sunset on October 20, 2020 unless lifted sooner by
City Council or extended pursuant to state law
BACKGROUNDBACKGROUND
AGENDA ITEM #4. a)
Ordinance 5968 cited:
Governor proclaimed via Proclamation 20-25 a State of Emergency due to the
novel coronavirus (COVID-19)
The Governor ordered Washingtonians to stay home via Proclamation 20-25
Stay Home – Stay Healthy, which identified only certain essential construction
activities that may proceed during the duration of the order;
The Construction supply chain has been affected by the availability of
construction workers and materials due to COVID-19; and
Social distancing requirements under Proclamation 20-25 Stay Home – Stay
Healthy necessitate fewer workers on job sites; and
Developers and City staff have invested substantial amounts of time in permit
review and approvals.
Ordinance 5968 cited:
Governor proclaimed via Proclamation 20-25 a State of Emergency due to the
novel coronavirus (COVID-19)
The Governor ordered Washingtonians to stay home via Proclamation 20-25
Stay Home – Stay Healthy, which identified only certain essential construction
activities that may proceed during the duration of the order;
The Construction supply chain has been affected by the availability of
construction workers and materials due to COVID-19; and
Social distancing requirements under Proclamation 20-25 Stay Home – Stay
Healthy necessitate fewer workers on job sites; and
Developers and City staff have invested substantial amounts of time in permit
review and approvals.
BACKGROUNDBACKGROUND
AGENDA ITEM #4. a)
Staff Contact:
Vanessa Dolbee,
Current Planning Manager
425-430-7314
vdolbee@rentonwa.gov
Tonight:Accept public testimony regarding Ordinance 5968Tonight:Accept public testimony regarding Ordinance 5968
NEXT STEPSNEXTSTEPS
AGENDA ITEM #4. a)
June 1, 2020 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, June 1, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 P.M.
ROLL CALL
Councilmembers Present:
Ruth Pérez, Council President
Randy Corman, Council Position No. 1
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim‐Khánh Vǎn, Council Position No. 7
(all councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Shane Moloney, City Attorney
Jason Seth, City Clerk
Julia Medzegian, Council Liaison
Preeti Shridhar, Deputy Public Affairs Administrator
Jan Hawn, Administrative Services Administrator
Ellen Bradley‐Mak, Human Resources and Risk Management Administrator
Martin Pastucha, Public Works Administrator
Kelly Beymer, Community Services Administrator
Leslie Clark, Senior Assistant City Attorney
Jennifer Henning, Planning Director
Jim Seitz, Transportation Systems Director
Ron Straka, Utility Systems Director
Angie Mathias, Long Range Planning Manager
Kristi Rowland, Organization Development Manager
AGENDA ITEM #7. a)
June 1, 2020 REGULAR COUNCIL MEETING MINUTES
Paul Hintz, Senior Planner
Chief Ed VanValey, Police Department Administrator
Chief Rick Marshall, Renton Regional Fire Authority
(All City staff attended remotely except City Clerk Seth)
PROCLAMATION
a) LGBTQIA+ Pride Month ‐ June 2020: A proclamation by Mayor Pavone was read declaring
June 2020 to be LGBTQIA+ Pride Month in the City of Renton, encouraging all citizens to join
in this special observance and recognize the numerous contributions of LGBTQIA+ individuals
in the City. Sara Palmer, Vice President of Renton LGBTQIA+ Community, accepted the
proclamation with appreciation.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
PUBLIC HEARING
a) Moratorium on Large Residential Projects (150 or More in a Project) within the Sunset Area
and Related Fee Waivers: This being the date set, and proper notices having been posted and
published in accordance with local and State laws, Mayor Pavone opened the public hearing
to consider the Moratorium on Large Residential Projects (150 or More in a Project) within
the Sunset Area and Related Fee Waivers.
Senior Planner Paul Hintz introduced himself to Council and noted his contact information for
the public. He explained that Council adopted Ordinance No. 5967 on April 6, 2020 which
established an emergency moratorium on the acceptance of Large Residential Project (greater
than 150 units) in the Sunset Area and fee waivers for Large Residential Projects. Mr. Hintz
reported that State law requires a public hearing be held to consider the matter within 60
days of declaring the moratorium. Mr. Hintz also explained that Ordinance No. 5967 will
sunset on October 6, 2020 unless lifted sooner by Council or extended pursuant to State law.
Mr. Hintz noted the following citations in Ordinance No. 5967:
1) The potentially substantial impacts that Large Residential Projects may have as they
exceed the scope and scale of typical projects;
2) The existing “modifications” docket item that would allow City planners to better
ensure modifications to approved site plans mitigate negative impacts, where
necessary, and ensure consistency with the RMC (Renton Municipal Code);
3) The significant investments in the Sunset Area, as well as the need for affordable and
market‐rate housing;
4) The need to review best practices that support housing opportunities for a wide‐
range of incomes; and
5) The need to assess the impacts of waiving fees for Large Residential Projects.
Concluding, Mr. Hintz noted that the purpose of tonight’s public hearing was to accept any
public testimony regarding Ordinance No. 5967. He then reviewed the upcoming calendar for
this issue, noting that the Planning Commission will conduct a public hearing on docket items
D‐169: Site Plan Review (aka “modifications”), D‐173: Waived Fees, and D‐174: Mixed‐Income
AGENDA ITEM #7. a)
June 1, 2020 REGULAR COUNCIL MEETING MINUTES
Housing in the CV zone on June 3, 2020, with deliberations and a recommendation scheduled
for the Planning & Development Committee on June 17, 2020, and then the Planning &
Development Committee will deliberate and prepare a recommendation for the full Council
by June 22, 2020.
Mayor Pavone opened the floor for public comments.
David Ratliff, Bellevue, Vice‐President for DevCo, stated that his organization is a for‐profit
affordable and market‐rate housing developer based in Bellevue, Washington. Mr. Ratliff
described DevCo’s experience as a regional developer, noting that the company continues to
own every property it has built in the Puget Sound region. He also noted that the company’s
affordable‐housing units do not rely on public funds outside of the federal low‐income
housing tax credit program. Mr. Ratliff emphasized that DevCo is excited and ready to work
with Renton to build more housing, advance the City’s housing and community development
goals, and to build a project that generates pride and excitement in the Sunset Area.
Continuing, Mr. Ratliff remarked that DevCo had shared its development plans and solicited
the City’s input, noting that the City had approved their Solera Master Plan which is the basis
for their project in the Sunset Area. He shared that DevCo had made changes requested by
the City in regards to mixed‐income development. However, he noted that he was surprised
and disappointed to learn the City had adopted this moratorium without notice and was
preparing to adopt new land use regulations that directly affect the Solera project. Mr. Ratliff
stated that his team has incurred legal expenses because they had to file an appeal. He
concluded that regardless of the City’s moratorium, DevCo is committed to working with the
City for this project. He invited the Mayor and Council to visit the Solera site in the Sunset
neighborhood.
There being no further public comments or deliberations, it was
MOVED BY PÉREZ, SECONDED BY PRINCE, COUNCIL CLOSE THE PUBLIC HEARING.
CARRIED.
b) Soliciting Public Input for the 2021/2022 Biennial Budget: This being the date set, and proper
notices having been posted and published in accordance with local and State laws, Mayor
Pavone opened the public hearing to consider public input for the 2021/2022 Biennial Budget.
Administrative Services Administrator Jan Hawn informed Council that this is the first of three
public hearings regarding the 2021/2022 Biennial Budget and the setting of the annual
Property Tax levy. She indicated that the second public hearing on this budget cycle is
scheduled for October and the final public hearing is scheduled for November. Ms. Hawn
remarked that this first public hearing is an opportunity for residents and stakeholders to
provide input prior to the development of the 2021/2022 Biennial Budget.
Mayor Pavone invited public comment. There being no public comments or further
deliberations, it was
MOVED BY PRINCE, SECONDED BY O'HALLORAN, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
AGENDA ITEM #7. a)
June 1, 2020 REGULAR COUNCIL MEETING MINUTES
ADMINISTRATIVE REPORT
City Clerk Jason Seth reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2020 and
beyond. Items noted were:
The Renton Community is invited to help choose the new play equipment for the
Coulon Park Playground. A survey showing images of the two options will be shared
on the city’s social media channels, website, and the Our Renton Weekly newsletter
to gather community input. The survey will launch June 2 and will be available for two
weeks. As part of the 2019‐2021 state budget process, the City of Renton was
awarded a direct legislative appropriation grant for the full cost of the play equipment
replacement. Construction is anticipated for this coming fall/winter.
The Renton Farmers Market will open for its 19th season on Tuesday, June 2. This
year’s theme is “Food is Essential.” While COVID‐19 won’t allow us to have the same
market as past years, you will still find the freshest Washington‐grown produce and
flowers from your favorite vendors. This year’s market has been designed as a quick
in‐and‐out destination for essential food shopping while following the COVID‐19
regulations established by Public Health – Seattle & King County (PHSKC). You’ll enter
and exit the market through separate designated areas. Market staff will monitor the
number of shoppers inside to ensure proper social distancing. We’re asking, if
possible, that you consider sending only one shopper to the market and come with a
list. This will allow a maximum number of people to enjoy the market. Shoppers will
also be asked to wear face coverings to adhere to the PHSKC directive that took effect
earlier this month. These steps are vital to help ensure the market remains safe for
everyone. Please look for the signs and if you have questions, market staff will be
happy to help. The market will be held every Tuesday through September 29 from 3
to 7 p.m. in Gateway Park, just west of its usual Piazza Park location. Free two‐hour
parking is available in the nearby City Center Garage and the Renton Transit Center is
one block away.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
City Clerk Seth had forwarded emails from Tonya Sjolin, Lois Simundson, Linda
Nguyen, Dr. Linda Smith, and Winter Cashman‐Crane to the Council and
Administration prior to the start of the meeting.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of May 18, 2020. Council Concur.
b) Approval of Committee of the Whole Meeting minutes of May 18, 2020. Council Concur.
c) AB ‐ 2650 Community & Economic Development Department recommended adopting an
ordinance authorizing collection of existing sales and use tax as authorized by SHB 1406, to be
used for affordable housing purposes. Refer to Planning & Development Committee.
AGENDA ITEM #7. a)
June 1, 2020 REGULAR COUNCIL MEETING MINUTES
d) AB ‐ 2653 Community Services Department recommended waiving $14,400 in parking garage
fees for the 2020 Farmers Market volunteers. Refer to Finance Committee.
e) AB ‐ 2654 Executive Department recommended authorizing execution of the 2020 National
League of Cities (NLC) Census Grant Memorandum of Understanding (MOU) with Renton
Regional Community Foundation as the fiscal agent, in order to accept $15,000 in grant funds
for Census 2020 work. Council Concur.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable – total payment of $4,808,297.66 for vouchers, 382920‐384042,
384050‐384051, 384054‐384233, 3445441 payroll benefit withholding vouchers
6274‐6283, 384043‐384049, 384052‐384053 and one wire transfer.
2. Payroll – total payment of $1,464,466.57 for payroll vouchers that include 580 direct
deposits (04/16/20‐04/30/20 pay period).
3. Kidder Mathews vouchers 6107‐6128 totaling $41,597.31.
4. Municipal Court vouchers 017652‐017663 totaling $4,290.00.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
execute the Water Quality Grant Agreement WQC‐2020‐Renton‐00214 with the Department of
Ecology to accept $277,500 in grant funds for the Burnett Avenue South and Williams Avenue
South Water Quality Retrofit Project.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Added Ordinance:
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL SUSPEND THE RULES AND
ADD AN EMERGENCY ORDINANCE TO THE AGENDA. CARRIED.
a) Ordinance No. 5971: An ordinance of the City of Renton, Washington, declaring and
establishing a public emergency; imposing penalties for violations of orders issued by the
Mayor in a civil emergency; providing for severability; and establishing an immediate effective
date.
Following first reading, it was
MOVED BY VǍN, SECONDED BY PÉREZ, COUNCIL AMEND THE
SUNSET/EXPIRATION DATE OF THE ORDINANCE FROM OCTOBER 31, 2020 TO
AUGUST 31, 2020. CARRIED.
Following second and final reading, it was
AGENDA ITEM #7. a)
June 1, 2020 REGULAR COUNCIL MEETING MINUTES
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL ADOPT THE ORDINANCE
AS AMENDED. ROLL CALL: ALL AYES. CARRIED.
Resolution:
b) Resolution No. 4409: A resolution was read authorizing the submission of an application for
grant funding assistance for Land and Water Conservation Fund (“LWCF”) projects to the
Recreation and Conservation Funding Board as approved in Title 54, U.S.C. Section 200305,
79a.25 RCW, WAC 286 and other applicable authorities for the Gene Coulon Memorial Beach
Park Trestle Bridge Replacement Project.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinance for first reading and advancement to second and final reading:
c) Ordinance No. 5970: An ordinance was read establishing a voluntary separation incentive
program, providing for severability, and establishing an effective date.
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL ADVANCE THE
ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING.
CARRIED.
Following second and final reading, it was
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
Councilmember Van remarked that Council should adopt a resolution committed to ending
structural racism and achieving racial equity. She noted that the City of Evanston, Illinois had
adopted something similar, therefore it was
MOVED BY VǍN, SECONDED BY MCIRVIN, COUNCIL REFER THE MATTER OF
DRAFTING A RESOLUTION TO COMMIT TO ENDING STRUCTURAL RACISM AND
ACHIEVING RACIAL EQUITY TO THE ADMINISTRATION TO BE BROUGHT BACK TO
THE COUNCIL AT ITS JUNE 15, 2020 COMMITTEE OF THE WHOLE MEETING.**
A motion to amend this motion by referring the issue to the Public Safety
Committee was proposed and later rescinded after deliberations by Council.
**MOTION CARRIED.
EXECUTIVE SESSION & ADJOURNMENT
MOVED BY PEREZ, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR
APPROXIMATELY 45 MINUTES TO DISCUSS WITH LEGAL COUNSEL MATTERS RELATED TO
CITY ENFORCEMENT ACTION AND POTENTIAL LITIGATION PURSUANT TO RCW
42.30.110(1)(i), WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING
BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. TIME: 7:58 P.M.
AGENDA ITEM #7. a)
June 1, 2020 REGULAR COUNCIL MEETING MINUTES
Executive Session was conducted and no action was taken. The Council Meeting adjourned
when the executive session adjourned. Time: 8:39 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
01 Jun 2020
AGENDA ITEM #7. a)
Council Committee Meeting Calendar
June 1, 2020
June 8, 2020 Monday
3:30 PM Finance Committee, Chair Prince – Videoconference
1. Vouchers
2. Penney Lofts Sign Variance Fee Waiver Request
3. Farmers Market Fee Waiver Request
4:30 PM Planning & Development Committee, Chair Corman – Videoconference
1. 2020 Comprehensive Plan Amendments
2. State Sales Tax Credit for Affordable Housing
3. Docket #14
4. Docket #15
5. Emerging Issues in CED
5:45 PM Committee of the Whole, Chair Pérez – Videoconference
1. Cedar Hills Landfill Support Services Facilities Update
7:00 PM City Council Meeting - Videoconference
AGENDA ITEM #7. a)
May 18, 2020 COMMITTEE OF THE WHOLE MEETING MINUTES
CITY OF RENTON
MINUTES – Committee of the Whole Meeting
5:45 PM - Monday, June 1, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Council President Pérez called the Committee of the Whole meeting to order at 5:45 PM.
ROLL CALL
Councilmembers Present:
Ruth Pérez, Council President
Randy Corman, Council Position No. 1
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim-Khánh Vǎn, Council Position No. 7
(all councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Shane Moloney, City Attorney
Jason Seth, City Clerk
Julia Medzegian, Council Liaison
Chip Vincent, Community & Economic Development Administrator
Ellen Bradley-Mak, Human Resources and Risk Management Administrator
Jan Hawn, Administrative Services Administrator
Kelly Beymer, Community Services Administrator
Martin Pastucha, Public Works Administrator
Preeti Shridhar, Deputy Public Affairs Administrator
Jim Seitz, Transportation Systems Director
Ron Straka, Utility Systems Director
Cliff Long, Economic Development Director
Jennifer Henning, Planning Director
Leslie Clark, Senior Assistant City Attorney
AGENDA ITEM #7. b)
June 1, 2020 COMMITTEE OF THE WHOLE MEETING MINUTES
Mark Santos-Johnson, Community Development and Housing Manager
Kristi Rowland, Organizational Development Manager
Chief Ed VanValey, Police Department Administrator
Chief Rick Marshall, Renton Regional Fire Authority
Angela San Filippo, SKHHP Executive Director
(All City staff attended remotely except City Clerk Seth)
VOLUNTARY SEPARATION ORDINANCE
a) Voluntary Separation Ordinance: Human Resources and Risk Management Administrator
Ellen Bradley-Mak provided a briefing to Council on a new program entitled Voluntary
Separation. She explained that the purpose and goal of the program is to reduce salaries to
address the City’s current budget shortfall, maintain continuity of operations, and minimize
impacts to employees. Ms. Bradley-Mak provided an overview of the program, explained
eligibility requirements, and explained the timeline of work conducted to establish this new
program.
There was no action requested by Council on this topic.
SOUTH KING HOUSING AND HOMELESSNESS PARTNERS
b) South King Housing and Homelessness Partners (SKHHP) Work Program and Budget
Overview – Community Development and Housing Manager Mark Santos-Johnson introduced
Angela San Filippo, Executive Director of SKHHP. She provided an overview SKHHP’s upcoming
work program and budget.
There was no action requested by Council on this topic.
EXECUTIVE SESSION AND ADJOURNMENT
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION TO
DISCUSS ENFORCEMENT ACTION PER RCW 42.30.110(1)(i) FOR APPROXIMATELY 10
MINUTES WITH NO ACTION BEING TAKEN, AND TO ADJOURN THE COMMITTEE OF THE
WHOLE MEETING WHEN THE EXECUTIVE SESSION MEETING IS ADJOURNED. CARRIED .
Time 6:29 p.m.
The Executive Session was conducted and there was no action taken. The Committee of the
Whole meeting adjourned when the Executive Session adjourned. Time: 6:39 p.m.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
1 JUNE 2020
AGENDA ITEM #7. b)
AB - 2655
City Council Regular Meeting - 08 Jun 2020
SUBJECT/TITLE: Professional Services Agreement with Perteet, Inc. for Construction
Management Services for the Williams Avenue South and Wells
Avenue South Conversion Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Bob Hanson, Transportation Design Manager
EXT.: 7223
FISCAL IMPACT SUMMARY:
This professional services agreement for construction management ser vices with Perteet, Inc. totals
$1,539,857.34. The Williams Avenue South and Wells Avenue South Conversion Project 2020 budget is
$10,385,423, of which $1,574,000 has been budgeted for construction management services.
SUMMARY OF ACTION:
The Williams Avenue South and Wells Avenue South Conversion Project converts these streets from one -way
to two-way operation from South Grady Way to North 1st Street. The project also includes reconstructing
four downtown intersections to raised concrete intersections with new traffic signals.
This professional services agreement retains the services of Perteet, Inc. for construction management
services during construction of the project. The consultant will manage project documentation and record
keeping, conduct weekly construction meetings, review materials and submittals, respond to requests for
information and design change, review change orders, maintain progress payments, maintain construction
files and generally ensure that the project is constru cted per the contract.
The consultant will also provide daily construction reports and field measurements, traffic control inspection
and daily photography. The consultant will be responsible for project start -up activities, project execution and
project closeout requirements.
The services to be provided by the consultant are based on construction activity lasting approximately one
year. Consistent with past projects on which Perteet, Inc. conducted construction management services, the
consultant will be providing a project engineer, resident engineer and document control specialist.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a professional services agreement with Perteet, Inc. to provide
construction management services totaling $1,539,857.34 for the Williams Avenue South and Wells Avenue
South Conversion Project.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 1 of 14
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase - NOT USED
Alleged Consultant Design Error Procedures
Consultant Claim Procedures
$1,539,857.34
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 2 of 14
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the _________________________________________________________________,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the
required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or
days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 3 of 14
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE
firms maximum practicable opportunities.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal
attainment.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: Name:
Agency: Agency:
Address: Address:
City: State: Zip: City: State: Zip:
Email: Email:
Phone: Phone:
Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Keith Woolley
City of Renton1055 South Grady Way
Renton WA 98057
KWoolley@rentonwa.gov(425) 430-7318
(425) 430-7376
Rahmi Kutsal
Perteet, Inc.
505 - 5th Ave. S., Suite 300
Seattle WA 98104
rahmi.kutsal@perteet.com
(425) 308-3403
(425) 339-6018
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 4 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and
“E” will remain in effect for the twelve (12) month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the
CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus
fee.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 5 of 14
A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
“Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit “D,” including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
AGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution
Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s
Project Manager.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 6 of 14
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall
be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 7 of 14
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
•Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V §
2000d through 2000d-4a)
•Federal-aid Highway Act of 1973 (23
U.S.C. Chapter 3 § 324)
•Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V §
794)
•Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
•Civil Rights Restoration Act of 1987 (Public Law
100-259)
•American with Disabilities Act of 1990 (42
U.S.C. Chapter 126 § 12101 et. seq.)
•23 CFR Part 200
•49 CFR Part 21
•49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
“F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten (10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure
to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 8 of 14
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 9 of 14
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and
enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’,
officers and employees’ failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 10 of 14
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined
single limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or
subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)
days of the execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
Keith Woolley
City of Renton
1055 South Grady Way
Renton WA 98057
KWoolley@rentonwa.gov
(425) 430-7318
(425) 430-7376
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 11 of 14
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and
(3) other affected terms and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However,
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY,
Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in
AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in
AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
listed in section III “General Requirements” prior to its performance of any SERVICES under this
AGREEMENT.
XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as a supplement to this AGREEMENT.
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the
terms and conditions thereof.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 12 of 14
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information”
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s
Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s
Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State’s Confidential Information was received; who received, maintained, and used the State’s
Confidential Information; and the final disposition of the State’s Confidential Information. The
CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
“Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 13 of 14
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure
that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT
notification to the sub-consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-
consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
“documents” pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020 Page 14 of 14
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones,
laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES
hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is
normally created, viewed, and /or modified
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit A
Scope of Work
Project No.
See attached Exhibit "A", Scope of Work
AGENDA ITEM #7. c)
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AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit B
DBE Participation Plan
In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE
maximum practicable opportunities.
Enviroissues, Inc. will provide services on this agreement. Enviroissues is a certified DBE/WBE.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit D
Prime Consultant Cost Computations
See attached Exhibit "D"
AGENDA ITEM #7. c)
City of RentonWilliams & Wells Construction ManagementFee Worksheet250 Working Days + 4 Weeks CloseoutConstruction ManagerResident EngineerAssistant RE/Senior Construction ObserverConstruction Engineer IConstruction Technician IIIConstruction Technician IAccountantLaborLaborKutsalHoweLamonParrillaEdwardsFlodenSwansonHoursDollarsTask \ Hourly Rate$296.88$143.65$166.00$97.37$117.32$108.54$130.88TotalTotalTask 1: Project Administration296744400032446$109,998.74General Project Management260 6032----352$91,119.80Billing and Progress Report361412--- 3294$18,878.94Task 2: Construction Administration712107255815694494404386$686,400.92Project File/Records Keeping480 720 326 40480 480 -2526$412,354.00Submittals/Change Orders/Force Accounts80120 80 40160160 -640$94,300.80Progress Payments80 160 80 40160160 -680$100,046.80Weekly Meetings/Interviews/Payrolls/Records Keeping 727272 36144144 -540$79,699.32Task 3: Construction Observation05501550468323202632$389,104.18On-Site Construction Observation/IDR/FNR/FA-330 1500 4523232 -2346$347,643.26Record Drawings Field Notes & Mark-Up-220 5016---286$41,460.92Task 6: Project Close-Out3264881664640328$49,314.72As-Built & Record Drawings1624 488---96$16,944.64Project Closeout Documentation1640 4086464232$32,370.08Total Hours1,0401,7602,2406401,0401,040327,792Total Dollars$308,755.20$252,824.00$371,840.00$62,316.80$122,012.80$112,881.60$4,188.16$1,234,818.56 $1,234,818.56 $169,214.00 Enviroissues$169,214.00 $20,352.80 Totals:$169,214.00 $15,472.48 $100,000.00 Mileage ($0.575)$6,752.80 $1,539,857.84 Pavia Headlight System (3 units @ $300/Month) $12,600.00 Courier, Reproduction, and Miscellaneous Expenses $1,000.00 Totals:$20,352.80 SubconsultantsExpenses:CONTRACT TOTALSUMMARYManagement ReserveLaborSubconsultantsExpensesPot. Salary Esc. (4%)Exhibit "D"AGENDA ITEM #7. c)
Renton Williams & Wells CM Fee
Negotiated Hourly Rate Calculations
PERTEET
Construction
Manager
Resident
Engineer
Assistant Resident
Engineer - Senior
Construction
Observer
Construction
Engineer I
Construction
Technician III
Construction
Technician III
Accountant
DSC - Actual Pay rate $93.00 $45.00 $52.00 $30.50 $36.75 $34.00 $41.00
ICR - 189.23% $175.98 $85.15 $98.40 $57.72 $69.54 $64.34 $77.58
Fee - 30% $27.90 $13.50 $15.60 $9.15 $11.03 $10.20 $12.30
Negotiated Hourly Rate $296.88 $143.65 $166.00 $97.37 $117.32 $108.54 $130.88
AGENDA ITEM #7. c)
Acceptance ICR Audit Office Review
June 18, 2019
Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
Subject: Acceptance FYE 2018 ICR – Risk Assessment Review
Dear Denice Moan:
Based on Washington State Department of Transportation’s (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2018 ICR of 189.23% of direct labor (rate includes 0.32% Facilities Capital Cost
of Money). This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
AGENDA ITEM #7. c)
AGENDA ITEM #7. c)
Description
Financial
Statement
Amount Perteet Adj.WSDOT Adj.Ref.
Accepted
Amount %
Direct Labor $4,051,189 $0 $0 $4,051,189 100.00%
Fringe Benefits:
Vacation, Sick, & Holiday $848,486 $848,486 20.94%
Payroll Taxes 591,060 591,060 14.59%
Health Insurance 574,688 574,688 14.19%
Profit Sharing (401k) 288,429 288,429 7.12%
Profit Sharing (ESOP) 307,500 307,500 7.59%
Fringe Benefit Adjustment ‐ (8,991) O (8,991)‐0.22%
Total Fringe Benefits $2,610,163 ($8,991) $0 $2,601,172 64.21%
General Overhead:
Employee Incentives/Bonuses $655,222 ($51,885) D $603,337 14.89%
Indirect Labor 1,445,842 (48,319)R 1,397,523 34.50%
All Hours Offset (139,548) (139,548)‐3.44%
Bid & Proposal Labor 826,601 (17,321)A 809,280 19.98%
Auto Expense 128,717 (63,079)B 65,638 1.62%
Bank & Service Fee 4,453 (3,688)C 765 0.02%
Communications 134,409 134,409 3.32%
Computer Expenses 352,751 352,751 8.71%
Conferences & Meetings 27,241 (2,205)R 25,036 0.62%
Copier Expense 77,982 77,982 1.92%
Depreciation ‐ Book Basis 163,565 163,565 4.04%
Dues & Memberships 30,858 (8,732) E 22,127 0.55%
Entertainment 19,241 (19,241) F ‐ 0.00%
Insurance 132,032 132,032 3.26%
Licenses & Fees 4,872 4,872 0.12%
Meals 32,764 (30,969) G 1,795 0.04%
Miscellaneous 990 (990) A,X ‐ 0.00%
Outside Services 49,862 49,862 1.23%
Payroll & Benefit Processing 17,775 17,775 0.44%
Postage & Delivery Services 5,766 5,766 0.14%
Professional Services 191,454 (643) T/V 190,811 4.71%
Recruiting 57,586 (37,500) W 20,086 0.50%
Rent 823,691 (84,911) P 738,780 18.24%
Repairs & Maintenance 3,635 3,635 0.09%
Reproduction 1,951 1,951 0.05%
Seminars & Training 37,581 (99) A 37,482 0.93%
Staff Functions 34,469 (34,469) I ‐ 0.00%
Subscriptions & Publications 6,428 6,428 0.16%
Supplies 68,997 (2,046) Q 66,951 1.65%
Travel & Lodging 55,190 (11,456) J 43,734 1.08%
Advertising 878 (878) A ‐ 0.00%
Bad Debt Expense (1) 1 ‐ 0.00%
Contributions 16,672 (16,672) K ‐ 0.00%
Gifts 5,671 (5,671) L ‐ 0.00%
Interest 21,016 (21,016) M ‐ 0.00%
Sponsorships 8,345 (8,345) N ‐ 0.00%
Taxes ‐ Business & Property 275,819 275,819 6.81%
Gain (Loss) on Disposal of Assets 6,462 6,462 0.16%
Less: Offsets for Direct Costs (64,983) (64,983)‐1.60%
Total General Overhead $5,522,254 ($470,134) $0 $5,052,121 124.71%
Total Overhead Costs $8,132,417 ($479,124) $0 $7,653,293 188.91% 0.00%
Overhead Rate 200.74% 188.91% 188.91%
Facilities Cost of Capital $12,962 U $12,962 0.32%
$7,666,255 $7,666,255
Overhead Rate (Including FCCM)189.23%189.23%
Perteet, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2018
AGENDA ITEM #7. c)
Description
Financial
Statement
Amount Perteet Adj.WSDOT Adj.Ref.
Accepted
Amount %
Perteet, Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31, 2018
References
Perteet Adjustments:
A Advertising and Legal Expenses not allowed. 48CFR 31.205, 48CFR31.205‐47
B Personal commute unallowable per 48 CFR 31.205‐6(m)(2): $17,350
Auto allowance not allowable, Auto Allowances, $26,400 less $11,824 Company use portion
Parking of personal vehicles unallowable per 48 CFR 31.205‐6, $31,153
C Bank Interest and Fees for credit unallowable per 48 CFR 31.205‐20 and 31.205‐15.
D Anniversary Bonuses not performance based ($26,297); and signing bonus of employee who did
fulfill employment agreement ($10,000); deemed unallowable per 48 CFR 31.205‐6(f);
Executive compensation in excess of reasonable amount based on National Compensation Matrix
Analysis, per 48 CFR 31.205‐6(a)(6)(ii)(B) in the amount of $15,588
E Lobbying costs unallowable per 48 CFR 31.205‐22.
F Entertainment costs unallowable per 48 CFR 31.205‐14.
G Local meals unallowable per 48 CFR 31.205‐46(a)(2)(i)
I Staff function expenses unallowed per 48 CFR 31.205‐14
J Travel Expense not allowed under FAR 31‐205.46
K Contributions and event sponsorships unallowable per 48 CFR 31.205‐8.
L Gifts unallowable per 48 CFR 31.205‐13(b).
M Interest unallowable per 48 CFR 31.205‐20.
N Sponsorships for events whose purpose is not technical or stimulation of production is unallowed under 31.205‐1(f)(3)
O Fringe benefits associated with labor deemed unallowable per 48 CFR 31.201‐6(a).
P Sublease amount received for Seattle & Everett Office Spaces 48 CFR 31.201‐5
Q Disposable Supplies field supplies and party supplies unallowable 48 CFR 31.205‐13
R Scholarship & Award Gala costs and labor unallowable per 48 CFR 31.201‐2 and 31.205‐14
Social activities costs and labor not allowed per 31.205‐14
T Public Relations and Advertising costs unallowable per FAR 31.205‐1
U FCCM Calculation per 48 CFR 31.205‐10
V Legal Expenses not allowable per 48 CFR 31.204‐47(b)(4)
W Placement agency fee per 48 CRF 31.205‐34
X Unallowable Direct Project Cost per 48 CFR 31.202
Perteet, Inc. ‐ In Process
"Overhead Rate still subject to WSDOT Audit"
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit E
Sub-consultant Cost Computations
The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT
without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT.
See attached Exhibit "E" for services provided by Enviroissues, Inc.
AGENDA ITEM #7. c)
StaffLoaded Billing Rate$78.00 $96.00 $105.00 $134.00 $151.00 $122.00 $203.00 $174.00 $122.00TOTAL HOURS373 438 428 20864832010 1,543 FTE0.99SUBTOTAL$29,084 $42,012 $44,940 $27,872 $906 $5,856 $6,496$0 $1,220 $158,386REIMBURSABLES$10,827TOTAL$169,214Task 1Total Hours 08195360090 0221 Total Labor$0 $7,762 $9,931 $4,809$0$0 $1,829$0$0$24,330Task 2Total Hours 88 116 106446484010422 Total Labor$6,899 $11,115 $11,054 $5,910 $906 $5,854 $813$0 $1,220$43,772Task 3Total Hours 162 147 16793001700586 Total Labor$12,730 $14,074 $17,418 $12,439$0$0 $3,455$0$0$60,116Task 4Total Hours 1239461350020 0314 Total Labor$9,604 $8,983 $6,337 $4,625$0$0 $407$0$0$29,956Project management; Team/contractor coordinationOutreach planning & materialsMeetings, Briefings and EventsCommunications/hotline and Outreach Tracking & DocumentationCity of Renton ‐ Williams & Wells Two‐Way Conversation5/26/20Colin Groark (Digital)Ryan Orth (SA)Elizabeth Faulkner (Principal)Nyles Green (PC)Cristina Arias (A1)Marielle Larson (A2)Alayna Linde (A3)Justin Haight (Digital)Graphic DesignerExhibit "E"AGENDA ITEM #7. c)
Renton Williams & Wells CM Fee
Negotiated Hourly Rate Calculations
(Sub consultant)
ENVIROISSUES
Project
Coordinator
Associate 1
Associate 2
Associate 3
Information
System
Associate
Graphic
Designer
Principal
Senior
Associate
Digital
Studio
DSC - Actual Pay rate $27.00 $33.00 $36.00 $46.00 $52.00 $42.00 $70.00 $60.00 $42.00
ICR - 160.37% $43.30 $52.92 $57.73 $73.77 $83.39 $67.36 $112.26 $96.22 $67.36
Fee - 30% $8.10 $9.90 $10.80 $13.80 $15.60 $12.60 $21.00 $18.00 $12.60
Calculated Hourly Rate $78.40 $95.82 $104.53 $133.57 $150.99 $121.96 $203.26 $174.22 $121.96
Negotiated Hourly Rate $78.00 $96.00 $105.00 $134.00 $151.00 $122.00 $203.00 $174.00 $122.00
AGENDA ITEM #7. c)
Acceptance ICR Audit Office Review
June 11, 2019
EnviroIssues, Inc.
101 Stewart Street, Suite 1200
Seattle, WA 98101
Subject: Acceptance FYE 2018 ICR – Risk Assessment Review
Dear Lynnette Bradbury:
Based on Washington State Department of Transportation’s (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2018 ICR of 160.37% of direct labor (rate includes 0.07% Facilities Capital Cost
of Money). This rate will be applicable for WSDOT Agreements and Local Agency
Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement /contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
ERIK K. JONSON
Contract Services Manager
EKJ:ah
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT’s obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with
such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is
in the exclusive possession of another who fails or refuses to furnish this information, the
CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT’s non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
•Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
•Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as
a means of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the
interests of the United States.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of
Exhibit G-2
Exhibit G-3
Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions
Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Certificate of Current Cost or Pricing Data Exhibit G-4
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
______________________________________________________________________________________
whose address is
______________________________________________________________________________________
and that neither the above firm nor I have
a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b)Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c)Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly
stated (if any);
I acknowledge that this certificate is to be furnished to the _________________________________________
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
AGENDA ITEM #7. c)
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State anti-trust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and
submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier sub-contracts, which exceed
$100,000 and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s
representative in support of ______________________________________* are accurate, complete, and current
as of ______________________________________________**.
This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing
rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm: ___________________________________________________________________________
Signature Title
Date of Execution __________________________________________________________***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $ _______________________ .
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ __________________________________.
Such insurance coverage shall be evidenced by one of the following methods:
•Certificate of Insurance
•Self-insurance through an irrevocable Letter of Credit from a qualified financial institution
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the
additional professional liability insurance required.
Notes: Cost of added insurance requirements: $ ___________________________.
•Include all costs, fee increase, premiums.
•This cost shall not be billed against an FHWA funded project.
•For final contracts, include this exhibit
______________________________________________________________________
NOT USED AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Local Programs Engineer should be
informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer
may appoint an agency staff person other than the project manager, who has not been as directly
involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions
of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
•It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
•It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced
from the consultant’s agreement with the agency for the services on the project in which the design
error took place. The agency is to provide LP, through the Region Local Programs Engineer, a
summary of the settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements. No further action is required.
•There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Step 5 Forward Documents to Local Programs
For federally funded projects, all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
•If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to
reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal
participation in the agreed upon resolution of the issue.
•If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or
by litigation.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant’s claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the
additional work; and
•Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the
Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through
the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will
need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo,
including backup documentation to the consultant to either supplement the agreement, or create a new
agreement for the claim. After the request has been approved, the Agency shall write the supplement
and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the
final payment for the agreement is subject to audit. No further action in needed regarding the claim
procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
AGENDA ITEM #7. c)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 01/01/2020
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
•Copy of information supplied by the consultant regarding the claim;
•Agency’s summation of hours by classification for each firm that should be included in the claim
•Any correspondence that directed the consultant to perform the additional work;
•Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
•Explanation to describe what has been instituted to preclude future consultant claim(s); and
•Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
AGENDA ITEM #7. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING AN
ADDITIONAL SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING
IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS OF
2019; RCW 82.14.540), AMENDING SECTIONS 5-10-1 AND 5-10-2 OF THE RENTON
MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and
the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019; codified as RCW
82.14.540) (“SHB 1406”); and
WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local
sales and use tax for the acquisition, construction or rehabilitation of affordable housing or
facilities providing supportive housing and funding the operations and maintenance costs of new
units of affordable or supportive housing; and
WHEREAS, the tax will be credited against state sales taxes collected within the City and,
therefore, will not result in higher sales and use taxes within the City and will represent an
additional source of funding to address housing needs in the City; and
WHEREAS, the tax must be used to assist persons whose income is at or below sixty
percent of the City median income; and
WHEREAS, the City has determined that imposing the sales and use tax to address this
high-priority need will provide benefit to its citizens; and
WHEREAS, in order for a city or county to impose the tax, within six months of the
effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
2
intent to authorize the maximum capacity of the tax, and within twelve months of the effective
date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of
the tax; and
WHEREAS, the City Council adopted Resolution 4386 on August 12, 2019 declaring its
intent to authorize the maximum capacity of the tax, which meets the statutory requirement to
adopt a resolution of intent within six months of the effective date of SHB 1406; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
impose a local sales and use tax as authorized by SHB 1406 as set forth herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Sections 5-10-1 and 5-10-2 of the Renton Municipal Code are hereby
amended as set forth in Exhibit A incorporated by this reference as if fully set forth herein. All
other provisions in chapter 5-10 RMC remain in effect and unchanged.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
3
SECTION III. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of _________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of ___________________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2106:5/7/2020
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
4
Exhibit A:
CHAPTER 10
SALES AND USE TAX
SECTION:
5-10-1: Imposition Of Sales Or Use Tax
5-10-2: Rate Of Tax Imposed
5-10-3: Administration And Collection Of Tax
5-10-4: Consent To Inspection Of Records
5-10-5: Authorizing Execution Of Contract For Administration
5-10-6: Penalties
5-10-7: Tax Applicable To Natural Gas Sales
5-10-1 IMPOSITION OF SALES OR USE TAX:
A. There is hereby imposed a sales or use tax, as the case may be, as authorized by
RCW 82.14.030(2), upon every taxable event, as defined in RCW 82.14.020, occurring within the
City. The tax shall be imposed upon and collected from those persons from whom the State
sales tax or use tax is collected pursuant to chapters 82.08 and 82.12 RCW.
B. There is hereby imposed an additional sales or use tax upon every taxable event, as defined
in RCW 82.14.020, occurring within the City, as authorized by RCW 82.14.540. Money collected
under this subsection must be used solely, as required by RCW 82.14.540 (or as may be
amended in the future), for the purpose of acquiring, rehabilitating, or constructing affordable
housing, which may include new units of affordable housing within an existing structure or
facilities providing supportive housing services under RCW 71.24.385, or funding the operations
and maintenance costs of new units of affordable or supportive housing. This additional sales or
use tax shall expire twenty (20) years after the date on which the tax is first imposed.
5-10-2 RATE OF TAX IMPOSED:
A. The rate of the tax imposed by Section Subsection 5-10-1.A of this Chapter shall be one-half
of one percent (0.5%) of the selling price or value of the article used, as the case may be;
provided, however, that during such period as there is in effect a sales tax or use tax imposed
by King County under section 17(2), chapter 49, Laws of 1982, First Extraordinary Session, at a
rate equal to or greater than the rate imposed by this Section, the County shall receive fifteen
percent (15%) of the tax imposed by Section Subsection 5-10-1.A; provided further, that during
such period as there is in effect a sales tax or use tax imposed by King County under section
17(2), chapter 49, Laws of 1982, First Extraordinary Session, at a rate which is less than the rate
imposed by this Section, the County shall receive from the tax imposed by Section Subsection 5-
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
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10-1.A that amount of revenues equal to fifteen percent (15%) of the rate of the tax imposed by
the County under section 17(2), chapter 49, Laws of 1982, First Extraordinary Session.
B. The tax under RMC 5-10-1.B is assessed on the selling price in the case of a sales tax, or value
of the article used, in the case of a use tax. The rate of such tax imposed shall be the greater of
seventy-three ten-thousandths of one percent (0.0073%) or the maximum rate allowed under
RCW 82.14.540 (or as may be amended in the future).
5-10-3 ADMINISTRATION AND COLLECTION OF TAX:
The administration and collection of the tax imposed by this Chapter shall be in accordance
with the provisions of RCW 82.14.050.
5-10-4 CONSENT TO INSPECTION OF RECORDS:
The City hereby consents to the inspection of such records as are necessary to qualify the City
for inspection of records by the Department of Revenue.
5-10-5 AUTHORIZING EXECUTION OF CONTRACT FOR ADMINISTRATION:
The Mayor and Clerk are hereby authorized to enter into a contract with the Department of
Revenue for the administration of this tax.
5-10-6 PENALTIES:
Any seller who fails or refuses to collect the tax as required with the intent to violate the
provisions of this Section or to gain some advantage or benefit, either direct or indirect, and
any buyer who refuses to pay any tax due under this Chapter shall be guilty of a misdemeanor,
and upon conviction thereof shall be penalized in accordance with RMC 1-3-1.
5-10-7 TAX APPLICABLE TO NATURAL GAS SALES:
There is hereby imposed a sales or use tax upon the privilege of using natural gas or
manufactured gas as a consumer. This sales and use tax shall be applicable to all natural gas
used, including use of brokered natural gas.
AGENDA ITEM # 9. a)