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HomeMy WebLinkAboutRFP Details - Lower Cedar Flood Risk Reduction FS REQUEST FOR PROPOSALS Lower Cedar River Flood Risk Reduction Feasibility Study CEDAR RIVER – RIVER MILE 0 TO RIVER MILE 2.7 Submittal Deadline : October 21 , 2020 Issued By: City of Renton Public Works, Surface Water Utilities 1055 S Grady Way Renton, Washington 98057 CITY OF RENTON WASHINGTON Page 1 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc Table of Contents Section I: Project Background ....................................................................................................................... 2 A. Background ....................................................................................................................................... 2 B. Existing Conditions ............................................................................................................................ 3 C. Objectives.......................................................................................................................................... 4 Section II: Instructions To Respondents........................................................................................................ 6 A. Objective ........................................................................................................................................... 6 B. Questions or clarifications of rfp requirements ................................................................................ 6 C. Addendum......................................................................................................................................... 6 D. Submittal ........................................................................................................................................... 6 E. Proposal Terms and Requirements ................................................................................................... 7 F. Selection Criteria and Interview........................................................................................................ 7 G. Type of Contract ................................................................................................................................ 8 H. Cost Liability ...................................................................................................................................... 8 I. Schedule ............................................................................................................................................ 8 J. Award Protests .................................................................................................................................. 8 K. Debarment ........................................................................................................................................ 9 L. Disclaimers ........................................................................................................................................ 9 M. Insurance, Recordkeeping, and Other Requirements ................................................................... 9 Section III: Minimum Information to be Provided in Proposals ................................................................. 10 A. Professional Qualifications.............................................................................................................. 10 B. Relevant Project Experience ........................................................................................................... 10 C. Project Approach ............................................................................................................................ 10 Section IV: Consultant Selection and Evaluation Process ........................................................................... 12 Section V: Appendices ................................................................................................................................. 13 Appendix A: Vicinity Map ...................................................................................................................... V-1 Appendix B: Project Charter ................................................................................................................. V-2 Appendix C: Professional Services Agreement ..................................................................................... V-3 CITY OF RENTON WASHINGTON Page 2 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc SECTION I: PROJECT BACKGROUND The City of Renton Surface Water Utility (City) is seeking proposals from engineering firms interested in providing professional engineering services to the Public Works Department for the Lower Cedar River Flood Risk Reduction Feasibility Study. The work will include data collection, multiple hydrologic and hydraulic models, and the preparation and submittal of reports and recommendations for flood risk reduction. The project is funded by a King County Flood Control Zone District grant and was identified as a priority project for flood risk reduction within the King County Cedar River Capital Investment Strategy Report. The successful firm will have experience providing engineering services for storm water flood risk reduction studies. A. BACKGROUND The Cedar River reach from RM 0 to RM 1.25 is a man-made channel, constructed in 1912 to divert directly into Lake Washington, disconnecting it from its historical point of convergence into the Black River. In 1990, the Cedar River experienced major flooding (~10,600 CFS) and damages, prompting the US Army Corps of Engineers (USACE) to design levees to provide flood protection from the 100-year flood. In 2000, the levee construction from RM 0 to RM 1.25 was completed as part of the Cedar River Section 205 Flood Damage Reduction Project. Upon project completion, the operation and maintenance of the levees were transferred to the City. This maintenance includes periodic dredging of the channel bottom, which was most recently completed in 2016. Annual cross sections of the Section 205 reach are required to monitor sediment deposition and the resulting reduction in the channel capacity and have been recorded annually since 1991. The Section 205 levee project was designed to provide protection for the 1% annual chance of exceedance flows or the 100-year flood. At the time of the 1990 flooding the 100-year discharge was presumed to be 8,530 CFS according to a 1989 study conducted by the Federal Emergency Management Agency (FEMA). This was later updated to 12,000 CFS in a King County Department of Natural Resources (KC DNR) study during the year 2000. In 2012, the USACE notified the City of Renton that the Section 205 Levee would require recertification as the USACE would no longer provide National Flood Insurance Program (NFIP) levee system evaluation to FEMA. This prompted a hydrology and hydraulic analysis along the Section 205 reach, completed by Tetra Tech in 2018. This 2018 study identified the 100-year discharge to be 10,900 CFS; further attenuating the 100-year discharge rate by incorporating an additional 17-years of stream gage data. The 2018 study also identified areas within the Section 205 levees that were not in accordance with the FEMA Levee Certification guidelines, resulting in the need for levee improvements to maintain accreditation with FEMA. These improvements are currently under design with construction anticipated in 2022. Upstream of the lower 1.25 miles of the Cedar, there are no flood control projects constructed. However, there are areas prone to flooding upstream of I-405 at the Renton Community Center and Riviera Apartments. Those properties flooded during the February 2020 event where the peak flow approached 8,500 cfs. In 2017, King County Flood Control District Executive Committee presented the Cedar River Capital Investment Strategy (CIS). The CIS defined and prioritized flood risk reduction areas and projects along the Cedar River. The Lower Cedar River Flood Risk Reduction Feasibility Study was identified as proposed near term actions (6-year CIP), or medium term action depending on the available funding, based upon the level of risk to people and infrastructure from floodwaters. CITY OF RENTON WASHINGTON Page 3 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc B. EXISTING CONDITIONS The Lower Cedar River Flood Risk Reduction Feasibility Study will assess the reach from river mile (RM) 0 to river mile 2.7. The Lower Cedar River routes through an economically vital area consisting of single and multi-family homes, commercial districts, and industrial zone of the City of Renton. The River reach from RM 0 to RM 2.7 is the focus of this study due to the high flood risk potential during large flooding events. The majority of the 100-year flood is contained within the Cedar River banks through existing flood control systems; i.e. levees, floodwalls, backflow preventers, dredging, and channel maintenance. The Cedar River Section 205 Levees begin at the mouth of the Cedar River and lake Washington extending upstream along both the right and left banks nearly 1.25 miles. The levees consist of approximately 3,500-feet of floodwalls and over 9,000-feet of earthen levees. A 400-foot floodwall is located near RM 1.5 upstream of the Renton Library adjacent to the old City Hall. The lower Cedar River from Logan Ave to Lake Washington requires periodic dredging every 11 to 18-years. There are currently twenty-six (26) active, privately mapped and twenty-three (23) active publicly mapped outfalls within the Cedar River 2.7 RM’s. There is a railroad crossing between the I-405 and Houser Way and a pedestrian bridge just downstream of Houser Way and eight (8) major bridge crossings: I-405, Houser Way, Bronson Way, Wells Ave., Williams Ave., Logan Avenue/Airport Way, North Boeing Bridge, and the South Boeing Bridge. The 100-year flood water surface elevation is higher than the low chord elevation of the Houser Way, Bronson Way, Wells Ave., Williams Ave., and Logan Ave bridges. The 100-year flood event is contained within the Section 205 levees from RM 0 to RM 1.25, however overtopping of the river banks upstream of this reach could result in minor localized flooding of the roadways. Flooding events larger than the 200-year event could result in extensive overtopping of the entire study reach. The 500-year flood would overtop the river banks and levees and inundate over 60- acres of the City’s downtown area. River bank overtopping and levee failure would cause severe impact to public safety and the local economy. The 500-year floodplain encompasses large commercial and industrial developments such as the Boeing Company, the Landing, and Renton Municipal Airport; institutional impacts to the Renton High School and Library, which is built over the River; and various residential areas east of Logan Ave South and west of Houser Way. The 500-year floodplain within this reach consists of around 3,000 people and has approximately $423 million in taxable retail sales. The impacts to this study area during extreme events could be extensive, thus promoting the 2017 CIS to recommend the feasibility study be conducted. The City has multiple resources that can be used to supplement the data required for analysis. The City has extensive GIS data available online through the COR Maps website (https://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps). Anything on the COR Maps website can be made available; such as existing topography for the entire area, public and private utility system infrastructure, critical areas, various property data, and zoning and land use. The City has channel cross sections of the Cedar River from RM 0 to RM 2.1 along with hydraulic analyses assessing the Cedar River 1% annual chance floodwater impacts for various bedding depths. These analyses determined the maximum bed profile, assessed freeboard in accordance with the FEMA requirements, and identified improvements required for minimum freeboard (Cedar River Levee Recertification Project). A previous hydrologic analysis was completed in 2017 encompassing the area downstream of RM 1.3 and river flow rates are determined for the 1.01, 1.05, 1.25, 2, 5, 10, 20, 25, 50, 100, 200, 250, and 500-year floods. These flow rates were calibrated from the Renton USGS gage station 12119000 located at RM 1.6, accounting for 184 square miles of drainage area. An interior drainage analysis was CITY OF RENTON WASHINGTON Page 4 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc also completed for the contributing basins surrounding the reach from RM 0 to RM 1.3 for the 100-year return period. C. OBJECTIVES The Lower Cedar River Flood Risk Reduction Feasibility Study is intended to serve as a guiding document for the City of Renton and the King County Flood Control Zone District’s future flood risk mitigation projects within the project study area. The 2017 CIS and the project charter (Appendix B:) approved by the District recommended the study include several objectives: 1. Explore the need for various short-term and long-term measures that would reduce the risk of flooding from the 100-year flood, where this risk still exists, from River Mile 2.7 (the Riviera Apartments) to Lake Washington. 2. Explore the feasibility of increasing the level of protection beyond the 100-year flood event across the entire study area. This may include investigation into the following measures: a. Bridge modifications or replacement b. New levee construction c. Improvements to existing flood control facilities, such as levees and floodwalls d. Channel widening or modification e. Other methods for increasing sediments storage capacity and reducing the frequency of dredging f. Reducing sediment deposition g. Land purchase and creation of offline floodplain storage 3. Determine the maximum feasible protection level (e.g. 100-year, 200-year, or 500-year flood) based on cost-benefit ratio, practicality, total cost, socioeconomic impacts, and site constraints. 4. Assess how such improvements would tie into the Cedar River Levee Certification improvements that the City will design and construct over the next 3 years, and the Cedar River Maintenance Dredging Project. For areas protected by the Cedar River Section 205 Levees, the study would look into the feasibility of increasing the level of protection beyond the 100-year flood. With regards to maintenance dredging, the study would look whether it would be possible to reduce the frequency of dredging (a costly and long process) or whether it would be more feasible to increase the frequency of dredging rather than constructing further improvements. 5. Study the interaction between water surface elevations in the river and any interior flooding that would occur concurrently during extreme events such as the 200-year and 500-year flood. This task would help determine whether the majority of interior flooding is due to lack of capacity in the interior drainage system, and the impact of additional flood protection measures on interior flooding. 6. The following deliverables are anticipated as part of this study: a. An alternatives screening report that identifies various scenarios, measures, and projects to be evaluated for cost and benefit as part of this study. Evaluation criteria should include cost, environmental impact, permitting complexity, constructability, and socio-economic impact (equity and social justice). b. An interior drainage analysis that would concurrently simulate river flooding and backwater effects of adjacent storm water networks. c. Draft and final version of the Lower Cedar River Flood Risk Reduction Feasibility Study Report. This should include the most feasible level of protection, preliminary cost opinions, alternatives analyses, cost-benefit analysis, modeling results, conclusions, and recommendations. d. Preliminary or conceptual drawings of projects that are recommended by this study and identified through the alternatives analysis. It is not anticipated that the budget for this CITY OF RENTON WASHINGTON Page 5 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc study allows for drawings to be carried beyond the conceptual level. The final list of deliverables will be determined by the scope of work negotiated with the selected consultant. The study will likely entail coordination with multiple City departments such as community development, parks, maintenance, and transportation. The study area includes multiple stakeholders like the Boeing Company, the Landing commercial center, and Renton School District. Stakeholder impact should be acknowledged for feasibility, as well as other potential project benefits. Alternatives with the potential to reduce flood damage in the residential areas on both the left and right bank floodplains, reduce flood damage and economic disruptions in the commercial/industrial center of downtown Renton (Boeing, Airport, etc.), reduce flood damage and disruption of public use facilities, reduce backwater caused by bridges, reduce the likelihood of bridge damage from high water and large debris, reduce the frequency of maintenance dredging, or improve the channel complexity and survival of out-migrating juvenile salmon should be prioritized. CITY OF RENTON WASHINGTON Page 6 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc SECTION II: INSTRUCTIONS TO RESPONDENTS A. OBJECTIVE The City of Renton, Washington is hereby soliciting proposals for the purpose of selecting a qualified firm or firms to provide professional engineering consulting services for the Lower Cedar River Flood Risk Reduction Feasibility Study. B. QUESTIONS OR CLARIFICATIONS OF RFP REQUIREMENTS All questions regarding this RFP shall be submitted via email. Emailed questions and inquiries will be accepted from any and all prospective Respondents in accordance with the terms and conditions of this RFP. Should any prospective Respondent be in doubt as to the true meaning of any portion of this Request for Proposal, or should a prospective Respondent find any ambiguity, inconsistency or omission therein, the Respondent shall make a written request for an official interpretation or correction. All questions or clarifications shall be submitted on or before October 14, 2020 by 4:00 P.M. and should be addressed to: Amanda Pierce, Surface Water Utility Phone: 425-430-7205 Email: apierce@rentonwa.gov C. ADDENDUM All interpretation or correction, as well as any additional RFP provisions that the City may decide to include, will be made only as official addendum that will be posted to the Daily Journal of Commerce and City of Renton website. It shall be the Respondent’s responsibility to ensure they have received all addendums before submitting a proposal. Any addendum issued by the City shall become part of the RFP and will be incorporated in the proposal. Each Respondent must in its RFP, to avoid any miscommunications, acknowledge all addenda which it has received, but the failure of a Respondent to receive, or acknowledge receipt of; any addenda shall not relieve a Respondent of the responsibility for complying with the terms thereof. The City will not be bound by oral responses to inquiries or written responses other than written addenda. D. SUBMITTAL Interested consultants must submit a written proposal as outlined in the RFP. SUBMITTAL DEADLINE The deadline for submittals is 4:00 PM (PST), on Wednesday, October 21, 2020. Submit proposal electronically via email or link to sharepoint site or file sharing service. If submitting documents using a sharepoint site or file sharing service, an email must be included with the upload CITY OF RENTON WASHINGTON Page 7 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc where the email and proposal upload shall have a timestamp no later than 4:00 P.M. October 21, 2020. No mailed, hand delivered, or faxed submittals will be accepted. Please email all submittals with the following information: To: Surface Water Utility - Amanda Pierce at apierce@rentonwa.gov CC: City Clerk - Jason Seth at JSeth@Rentonwa.gov Subject: RFP: Cedar River Flood Risk Reduction Feasibility Study – COMPANY NAME The City will not be liable to any Respondent for any unforeseen circumstances, delivery, or inability to access proposal from independent file share. Each Respondent is responsible for submission of their Proposal. Additional time will not be granted to a single Respondent; however, additional time may be granted to all Respondents when the City determines that circumstances warrant it. E. PROPOSAL TERMS AND REQUIREMENTS The City reserves the right to reject any and all proposals, to waive or not waive informalities or irregularities in the response procedures, and to accept or further negotiate cost, terms, or conditions of any proposal determined by the City to be in the best interest of the City. All agreements resulting from negotiations that differ from what is represented within the RFP or in the Respondent’s response shall be documented and included as part of the final contract. Proposals must be signed by an official authorized to bind the Respondent to its provisions for at least a period of one hundred eighty (180) days from the due date of this RFP. Failure of the successful respondent to accept the obligation of the contract may result in the cancellation of any award. In the event it becomes necessary to revise any part of the RFP, Addenda will be provided. Deadlines for submission of RFP’s may be adjusted to allow for revisions. Proposals should be prepared simply and economically providing a straightforward, concise description of the Respondent’s ability to meet the requirements of the RFP. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed by the person signing the proposal. The proposal shall be no more than 40 pages total in length. All proposals become the property of the City of Renton once reviewed, whether awarded or rejected. To be considered, each Respondent must submit a response to this RFP using the format provided in Section III: Minimum Information to be Provided in Proposals. No other distribution of proposals is to be made by the respondent. F. SELECTION CRITERIA AND INTERVIEW Responses to this RFP will be evaluated as described in Section IV: Consultant Selection and Evaluation Process. The evaluation will be completed by a Selection Committee composed of Public Works staff members. The initial evaluation is to determine which, if any, Respondents are to be interviewed. The City will then conduct interviews and the selected Respondent(s) will have the opportunity to discuss in more detail their qualifications, experience, and proposed work plan during the interview process. CITY OF RENTON WASHINGTON Page 8 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc The Selection Committee will evaluate the proposal(s) and interview(s) using the point system to decide the most qualified, capable and cost-effective Respondent. If the City chooses to interview any respondents, the interviews will be held 2-4 weeks after the receipt the proposals Respondents selected for interview will be expected to be available in that period. G. TYPE OF CONTRACT Consultants selected to do business with the City of Renton will be required to execute the standard Professional Services Agreement with the City (a sample agreement is included with this RFP). Those who wish to submit a proposal to the City are required to carefully review the Professional Services Agreement (Appendix C:). Respondents should specifically note that the insurance requirements under a City contract can be found on the City of Renton website under ‘Insurance Guidelines for the City of Renton.’ The City will not entertain requests to revise, amend, or change the language of the standard Professional Services Agreement. Respondents must base their proposal on the assumption that, if selected, they will execute the Professional Services Agreement. H. COST LIABILITY The City of Renton assumes no responsibility or liability for costs incurred by a respondent prior to the execution of a Professional Services Agreement (Appendix C:). The liability of the City is limited to the terms and conditions outlined in the Agreement. By submitting a proposal, Respondent agrees to bear all costs incurred or related to the preparation, submission and selection process for the proposal. I. SCHEDULE The following is the solicitation schedule for this procurement. Activity/Event Anticipated Date Proposal Due October 21, 2020 Interview Consultants November 5,2020 Consultant Selection/Agreement Negotiations Begin November 9, 2020 Note: The above schedule is for informational purposes only, and is subject to change at the City’s discretion. Proposals submitted shall define an appropriate project schedule in accordance with the requirements of the proposed work plan. The final schedule will be negotiated based on the final scope of work and work plan agreed to by the City and the selected firm. J. AWARD PROTESTS All Proposal protests must be in writing and filed with the Purchasing Agent within five (5) business days of the award action email. The Respondent must clearly state the reasons for the protest. If a Respondent contacts a City Service Area/Unit and indicates a desire to protest an award, the Service Area/Unit shall refer the Respondent to the Purchasing Agent. The Purchasing Agent will provide the Respondent with the appropriate instructions for filing the protest. The protest shall be reviewed by the City Administrator or designee whose decision shall be final. CITY OF RENTON WASHINGTON Page 9 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc K. DEBARMENT Submission of a Proposal in response to this RFP is certification that the Respondent is not currently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal departments or agency. Submission is also agreement that the City will be notified of any changes in this status. L. DISCLAIMERS 1. Proposals that do not include all of the submittal requirements outlined herein may not be considered, or may be downgraded. 2. At the City’s discretion, the City may amend the Selection Process and Schedule at any time. 3. The City may revise the evaluation and scoring criteria at any time without providing notice to the Consultants. 4. At the City’s discretion, the City may choose to republish the RFP. 5. The execution of the Consultant Agreement is subject to budgeted funds. 6. Until such time a Consultant Agreement is executed, there are no express or implied obligations or commitments on the part of either the City or the Consultant concerning either this RFP or any Proposal associated with it. 7. All materials submitted for the Proposal will become property of the City and will not be returned. 8. By submitting materials to the City, for consideration of this project, the Consultant is waiving any claim of confidentiality, trade secrets or privilege with respect to m aterials submitted. All submitted materials are subject to public records disclosure under the State of Washington Public Records Act. M. INSURANCE, RECORDKEEPING, AND OTHER REQUIREMENTS The firm that is selected for this project will be required to obtain, at its own expense, professional liability insurance of $1,000,000 for the term of the contract and other insurance as required. The firm selected will be required to sign the City of Renton Consultant Agreement. All firms working on the project will be required to obtain a City of Renton Business License. Indicate if you can meet these requirements. CITY OF RENTON WASHINGTON Page 10 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc SECTION III: MINIMUM INFORMATION TO BE PROVIDED IN PROPOSALS To be considered responsive, proposals must include the following information. Proposals that do not fully comply with these instructions may not be considered. To facilitate evaluation, proposals shall be organized in the order of the outline below. Do not exceed 12 pages, exclusive of resumes. A. PROFESSIONAL QUALIFICATIONS 1. State the full name and address of your organization and, if applicable, the branch office or other subordinate element that will perform, or assist in performing, the work hereunder. Indicate whether it operates as an individual, partnership, or corporation. If as a corporation, include the state in which it is incorporated. If appropriate, indicate whether it is licensed to operate in the State of Washington. State history of the firm, in terms of length of existence, types of services provided, etc. Identify the technical details which make the firm qualified for this work. 2. Include the number of executive and professional personnel by skill and qualification that will be employed in the work. Show where these personnel will be physically located during the time they are engaged in the work. Indicate which of these individuals you consider key to the successful completion of the project and why. Identify only individuals who will do the work on this project by name and title. 3. Resumes or qualifications are required for proposed project personnel who will be assigned to the project with professional accreditations and areas of expertise. Qualifications and resumes of any sub-consultants must also be included. 4. Include an organizational chart defining the responsibilities and lines of communication. B. RELEVANT PROJECT EXPERIENCE 1. The written proposal must include a list of specific experience in the project area and indicate proven ability in developing detailed studies and implementing similar projects for the firm and the individuals to be involved in the project. The proposal must also indicate proven ability to have projects completed within the budgeted amounts and how they were managed. A summary of related projects with the original deadline and cost estimate versus the actual completion date and final cost of the design is to be included in this section. 2. A complete list of client references must be provided for similar projects recently completed. Provide three recent references (within the last ten years) that may be contacted concerning your firm's performance on a project of this type. The list shall include firm/agency’s name, contact name, project title, owner name, address, and phone number. 3. Provide three recent references (within the last ten years) that may be contacted concerning the performance of your firm's proposed Project Manager on projects of this type. The list shall include firm/agency’s name, contact name, project title, owner name, address, and phone number. 4. Include descriptions of four projects that your firm has completed that are related to the proposed project. Describe the work that your firm's assigned staff members completed on these projects. Demonstrate local knowledge. 5. Indicate the past experience with the proposed firm/team, including sub-consultants. C. PROJECT APPROACH 1. The Respondent should present their project approach which lists all tasks determined to be necessary to accomplish the work of the project. The work plan may include, but not limited to CITY OF RENTON WASHINGTON Page 11 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc the objectives/tasks listed in Section I:C (Objectives) of the RFP. The City is allowing the respondent to formulate and propose the approach they deem best to assess the feasibility of additional flood risk reduction improvements in the Lower Cedar River, and propose improvements that differ from the list in Section I:C. If the respondent chooses to omit tasks listed in Section I:C, then they shall provide the rationale behind that. The approach proposed by the respondent will be a factor in the evaluation criteria. 2. The work plan shall define resources needed for each task (title and person hours) and the staff persons completing the project element tasks. In addition, the work plan shall include a time line schedule depicting the sequence and duration of tasks showing how the work will be organized and executed. The work plan shall be sufficiently detailed and clear to identify the progress milestones (i.e., when project elements, measures, and deliverables) are to be completed. Identify the deliverables for each task. 3. Clearly identify the approach to schedule and quality control. 4. Discuss approach to conflict resolution. 5. Additional project elements suggested by the Respondent, thought to be necessary for the completion of the project, are to be included in the work plan and identified as Respondent- suggested elements. Clearly stipulate the included and excluded services, optional services, and services provided by others. This could include identifying any constraints or risks which could adjust the scope or budget, if any. Include any other information that you believe to be pertinent, but not specifically asked for elsewhere. 6. Consultants may use other firms as sub-consultants for work or tasks which they may not have sufficient staff or expertise. Identify all of those, if any, who will be subcontracted to assist you with this project, and the extent of work for which they will be responsible. The prime Consultant must perform the majority of the work for the contract work on a dollar amount basis. CITY OF RENTON WASHINGTON Page 12 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc SECTION IV: CONSULTANT SELECTION AND EVALUATION PROCESS 1. The City of Renton staff and representatives will evaluate the consultants’ written proposals based on the criteria listed in Section III: Minimum Information to be Provided in Proposals. In additional to history of performance with the City and completeness of submission requirements. A proposal with all the requested information does not guarantee the proposing firm to be a candidate for an interview. The Committee may contact references to verify material submitted by the Respondents. The City will determine whether the final scope of the project to be negotiated will be entirely as described in this Request for Proposal, a portion of the scope, or a revised scope. The City will evaluate the Proposals and select the highest ranking firms for oral interviews based on a point system. All firms submitting proposals will be notified in writing as to their status in the selection process. Interviews will be held in the Renton City Hall and will be scheduled within two (2) weeks after the short list is determined. 2. The Committee then will schedule the interviews, if necessary, with the selected firms. The selected firms will be given the opportunity to discuss in more detail their qualifications, past experience, proposed work plan and fee proposal. The interview must include the project team members expected to complete a majority of work on the project, but no more than 6 members total. The interview shall consist of a presentation of approximately thirty (30) minutes by the Respondent, including the person who will be the project manager on this Contract, followed by approximately thirty (30) minutes of questions and answers. Audiovisual aids may be used during the oral interviews, please coordinate with City Contact at least one (1) week prior to interview to coordinate. The oral interviews may be recorded on tape by the Evaluation Team. The City of Renton further reserves the right to interview the key personnel anticipated to be assigned if the firm is selected. 3. The firms interviewed will then be re-evaluated and adjustments to the scoring will be made as appropriate. 4. Final selection will be based on the combined score of the written proposal and, if not waived, the oral interview(s). Once selected, further negotiation with the selected firm may be pursued leading to the award of a contract by City Council. The City reserves the right to not consider any proposal which is determined to be unresponsive and deficient in any of the information requested for evaluation. The City also reserves the right to waive the interview process and evaluate the consultants based on their proposals alone. The City may also require multiple interview processes if deemed necessary. This evaluation process is subject to change at the City’s discretion. The City encourages minority-owned and women-owned businesses, socially and economically disadvantaged business enterprises, and small businesses to respond to this Proposal, or participate with other firms as partners or sub-consultants in response to this Proposal. CITY OF RENTON WASHINGTON Page 13 of 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-4081 Cedar Flood Risk Reduction\1100 PLANNING & DESIGN\RFP\2020.09.24 RFP Lower Cedar Flood Risk Reduction FS.doc SECTION V: APPENDICES A. VICINITY MAP B. PROJECT CHARTER C. PROFESSIONAL SERVICES AGREEMENT CITY OF RENTON WASHINGTON V-1 APPENDIX A: VICINITY MAP RM: 0.0RM: 0.1RM: 0.2RM: 0.3RM: 0.4RM: 0.5RM: 0.6RM: 0.7RM: 0.8RM: 0.9RM: 1.0RM: 1 . 1 RM: 1 . 2 RM: 1 . 3 R M: 1 . 4 RM: 1 . 5 R M: 1 . 6 R M : 1.7 R M : 1.8 RM: 1.9RM: 2.0 RM: 2.1RM: 2.2RM: 2.3 RM: 2.4RM : 2 .5RM: 2 .6RM: 2.7 RM: 2.8 RM: 2.9RM: 3.0 RM: 3.1 RM: 3.2RM: 3.3 RM: 3.4RM: 3.5RM: 3.6RM: 3.7RM: 3.8 RM: 3.9 R M : 4 .0RM: 4.1RM: 4.2RM: 4.3R M : 4.4RM: 4.5RM: 4.6 RM: 4.7RM: 4.8 R M : 4 .9RM: 5.0RM: 5.1RM: 5.2 RM: 5.3 RM: 5.4 RM: 5.5RM: 5.6 RM: 5.7 RM: 5.8 RM: 5.9RM: 6.0RM: 6.1RM: 6.2 RM: 6.3 RM: 6.4RM: 6.5RM: 6.6R M : 6.7RM: 6.8 RM: 6.9RM: 7.0RM: 7.1RM: 7.2RM: 7.3 RM: 7.4 RM: 7.5RM: 7.6 RM: 7.7RM: 7.8RM: 7.9RM: 8.0 RM: 8.1RM: 8.2RM: 8.3RM: 8.4RM: 8.5R M : 8 .6RM: 8.7 RM: 8.8RM: 8.9 RM: 9.0DOWNSTREAM LIMITOF STUDYDOWNSTREAM LIMITOF STUDY DOWNSTREAM LIMITOF STUDY DOWNSTREAM LIMITOF STUDY WilliamsAveS STobinStRainierAveN HardieAveSW BurnettAveSN6thSt LindAveNWRainierAveS 757thAveNE N 1 s tS tHouserWaySBr onsonWayNTaylorAveNWTa y l o r P l N W LoganAveN Rainier Ave SS2ndStLoganAveNS enecaAveNWN R iversideD rShattuckAveS BurnettAveNParkAveN GardenAveNAirportWayStevensAveNWLakeWashingtonTrailAccessRdTaxiwayB NishiwakiLn TaxiwayA WPerimeterRd Wells AveSCedarRiverUPSTREAM LIMIT OF STUDYUPSTREAM LI MI T OF STUDYUPSTREAM LIMIT OF STUDYUPSTREAM LIMIT OF STUDYRM: 0.0RM: 0.1RM: 0.2RM: 0.3RM: 0.4RM: 0.5RM: 0.6RM: 0.7RM: 0.8RM: 0.9RM: 1.0RM: 1.1RM: 1.2RM: 1.3RM: 1.4RM: 1.5RM: 1.6RM: 1.7RM: 1.8RM: 1.9RM: 2.0RM: 2.1RM: 2.2RM: 2.3RM: 2.4RM: 2.5 RM: 2.6 RM: 2.7RM: 2.8RM: 2.9RM: 3.0RM: 3.1RM: 3.2RM: 3.3RM: 3.4RM: 3.5RM: 3.6RM: 3.7RM: 3.8RM: 3.9RM: 4.0 RM: 4.1 RM: 4.2 RM: 4.3 RM: 4.4 R M : 4.5 RM: 4 . 6 RM: 4.7RM: 4.8RM: 4.9RM: 5.0R M : 5.1 RM: 5.2RM: 5.3RM: 5.4RM: 5.5RM: 5.6RM: 5.7RM: 5.8RM: 5.9RM: 6.0R M : 6.1 RM: 6.2RM: 6.3RM: 6.4RM: 6.5R M : 6.6RM: 6.7 RM: 6.8RM: 6.9R M: 7 . 0 R M: 7.1 RM: 7.2 RM: 7.3RM: 7.4RM: 7.5RM: 7.6RM: 7.7R M: 7.8 R M: 7 . 9 RM: 8.0RM: 8.1R M: 8.2 R M: 8.3 R M : 8 .4 R M : 8 .5 RM: 8.6 RM: 8.7RM: 8.8RM: 8.9RM: 9.0Bur net t Av eSL o g a n Av e SCedarRiverTrail Willi ams Av eSAccessRdHouserWaySPedestrianWalk Rent onAv eSN/BI-405RampI-405FWYNE3rdStEPerimeterRdMo n r o e Av e NEHouserWayNNE3rdStMapleValleyHwy(SR-169) MapleValleyHwy(SR-169)AccessRdMill Av eSEd mo n d s Av e SES/BI-405RampS E 5 th S tI-405FWYSE8thPl CedarRidgeDrSES/BI-405RampBensonRdSI-405FWYBeaconWaySN/BI-405RampI-405FWYI-405FWYCedar River TrailI-405FWYCedarRiverTrailBronsonWayNCedarRiver Lake Washington Le gend Cedar River Flowline Area of Inte rest FLO OD PLA IN 500-YR 100-YR !!0.1 0 0.1 0.20.05 Miles Renton Municipal Airport Boeing Renton HighSchool Renton Mem orial Stadium Rivier a Apartments Carco The atre Liber ty Par k CITY OF RENTONWASHINGTON LOWER CEDAR RIVER FLOOD RISK REDUCTION FEASIBILITY STUDY EXHIB IT A NOTES: 1. RIVER MILE (RM)2. FLOOD PLAIN BASED ON DATA TAKEN FROM PRELIMINARY FEMA FIR M PANELS 53033C0976G (2017), 53033C0981G (2017), 53033C0977G (2017), AND 53033C0664G (2017) RM 0 TO RM 2.7 CITY OF RENTON WASHINGTON V-2 APPENDIX B: PROJECT CHARTER City of Renton Public Works Page 1 of 5 Project Charter Version 01 Project Name Lower Cedar River Flood Risk Reduction Feasibility Study Sponsor/Client City of Renton Project Number - Date 01/18/2019 Project Manager Joseph Farah Email jfarah@rentonwa.gov Charter Objective: The objective of the charter is to document the information as it is known at the beginning of the project – not to get into the planning itself. A good charter creates a summary of the project. It's a very succinct way of sharing good, concrete information about the project with individuals who have questions about the project later. The project charter is a short, 3-4 page document that allows us to have that initial discussion, before launching into detailed planning. It is also a tool to make sure we’ve brought everyone together and have them on the same page regarding what the project needs to be. It's a very important step to deal with stakeholder expectations. Project Statement What is the project? Provide a brief sentence or two about what the project is. The City of Renton (City), in collaboration with the King County Flood Control District (District), will lead a feasibility study to examine improving the level of protection from floods along the Lower Cedar River, from just upstream of I-405 to Lake Washington (River Mile 0 to River Mile 2.7). The study would identify potential measures or construction projects that would increase resiliency to floods greater than the 100-year flood, and identify the most feasible level of flood protection that can be achieved (e.g. 200-year, 500-year). Need/ Justification Why is it important to achieve the project scope, to be doing this project now? What is expected to be achieved by executing the project? This is a high level business justification. The Lower Cedar River from I-405 to Lake Washington traverses a vital area of Renton and King County. The 500-year floodplain contains the Renton Municipal Airport, Renton High School, , the Boeing 737 plant, the Landing, affordable housing, hundreds of residences east of Logan Ave S and west of Houser Way, numerous commercial establishments and businesses, the Renton Senior Activity Center, and the Renton Library. Just upstream of I-405 the Riviera apartments and Carco Theatre are also in the 500-year floodplain. Other critical facilities that may be affected by floodwater include the Renton Community Center, Liberty Park and regionally significant transportation corridors (I-405, SR-169, SR-900, Airport Way, Logan Ave N). The Lower Cedar River Flood Risk Reduction Feasibility Study is needed in order to evaluate improvements that would increase the level of flood protection and protect lives and property in a densely populated and developed area that is vital to the economy of the region. Currently the 100-year flood water surface elevation is higher than the low chord elevation of 5 bridges in this reach (Houser Way, Bronson Way, Wells Ave, Williams Ave, and Logan Ave). This study would examine the impacts of not replacing the existing bridges with higher bridges. During a 100-year flood event, the Section 205 project levees and floodwalls (RM 0 to RM 1.25) would not be overtopped. However, overtopping could occur at locations upstream of this reach and result in minor localized flooding of roadways. This study would explore measures to prevent such localized flooding. Also, during floods larger than the 200-year flood event, extensive overtopping of the left and right banks upstream of Logan Ave could occur. This study would explore measures to reduce the flooding risks during such extreme events and the feasibility of achieving such a level of protection. It was recommended in the Cedar River Corridor Capital Investment Strategy (King County, 2017) that a feasibility study be conducted to determine the extent to which bridge modifications, new levee construction, and channel widening would provide an increased level of protection for the Lower Cedar River. The expected outcome of this study is a report that would serve as a guide for the City and the District to evaluate future flood risk mitigation projects on the Lower Cedar River. Page 2 of 5 Objectives/ Deliverables What will be the outcome of the project? What does the world look like when the project is done (what does DONE look like)? State the objectives to be SMART (Specific [clear & explicit], Measurable, Attainable, Relevant [what is the benefit gained] and Time-bound [completion date]). The following objectives have been established for the Lower Cedar River Flood Risk Reduction Feasibility Study: 1. Explore the feasibility of various short-term and long-term measures that would reduce the risk of flooding from River Mile 2.7 (the Riviera Apartments) to Lake Washington 2. Determine the maximum feasible protection level (e.g. 100-year, 200-year, or 500-year flood) based on cost-benefit ratio, practicality, total cost, socio-economic impacts and site constraints. 3. Assess how such improvements would tie into the Cedar River Levee Certification improvements that the City will design and construct over the next 3 years, and the Cedar River Maintenance Dredging Project. For areas protected by the Cedar River Section 205 Levees, the study would look into the feasibility of increasing the level of protection beyond the 100-year flood. With regards to maintenance dredging, the study would look whether it would be possible to reduce the frequency of dredging (a costly and long process) or whether it would be more feasible to increase the frequency of dredging rather than constructing further improvements. 4. Study the interaction between water surface elevations in the river and any interior flooding that would occur concurrently during extreme events such as the 200-year and 500-year flood. This task would help determine whether the majority of interior flooding is due to lack of capacity in the interior drainage system, and if flood protection measures would provide any benefit with regards to interior flooding from river water. Deliverables would include: 1. An Alternatives Screening Report that identifies various scenarios, measures and projects to be explored and evaluated for cost/benefits as part of this study. This step is important in order to provide the City and the District the opportunity to review and approve any improvements or measures that the consultant would analyze in further detail. 2. An Interior Drainage Analysis that would concurrently simulate landward ponding (backwater effects) and river flooding. 3. Draft and final versions of the Lower Cedar River Flood Risk Reduction Feasibility Study Report. The final report would include the most feasible level of protection, preliminary cost estimates, alternatives analyses, cost-benefit analyses, any applicable hydraulic modeling results, conclusions and recommendations. Stakeholders A stakeholder is anyone who is involved, impacted, or perceives themselves as being impacted by a project. Who is the project sponsor? What other stakeholders have already been identified? We can do a more detailed stakeholder analysis later but this lets people begin to raise awareness of stakeholders. 1. King County Flood Control District (Project sponsor). 2. City of Renton (Public Works, Parks, Transportation, and Planning) 3. Renton Municipal Airport 4. Renton School District 5. Boeing 6. Residents and businesses in the 500-year floodplain from the Riviera Apartments to Lake Washington Page 3 of 5 Project Team Role and Responsibilities Who will be on the team? Are there some roles/responsibilities that need to be clarified now before the detailed planning begins? Are you clear on your responsibilities as the project manager? The project team will consist of: 1. Joseph Farah – City of Renton Project Manager 2. Ronald Straka – City of Renton Surface Water Utility Engineering Manager 3. King County River and Floodplain Management Section (District Service Provider) 4. Consultant team to be selected following a selection process The consultant team will perform all the analyses required by the scope of work. The City Project Manager and the Surface Water Utility Engineering Manager will administer the contract with the consultant team, hold regular progress meetings and phone calls, coordinate with the consultant on data collection, and review/approve deliverables. The District’s project representative would also review and provide comments on the various deliverables. The team may also include a public outreach specialist if needed; however, that is not expected due to the preliminary nature of this study. The responsibilities of all team members will be clearly defined following the selection of the consultant team. High-Level Schedule List month & year for start and end of overall project and each phase of the project. May include key milestone dates if known. Assuming that a funding agreement between the City and the District is approved in the first half 2019, the consultant selection process and contract execution will be completed in the second half of 2019. The final feasibility study report would then be completed by June 2022. Initial Assumptions What high-level assumptions have already been made about the project? 1. The study will be high-level, with no detailed design drawings produced as deliverables. Conceptual drawings of preferred alternatives will be produced as budget allows. 2. A detailed scope of work will be developed in collaboration with the selected consultant team. 3. The consultant may reuse and build upon the existing HEC-RAS model for the Lower Cedar River (developed by the District), an existing PC-SWMM model that includes the major pipe systems discharging to the Cedar River (developed by the City), and take advantage of the City’s digital elevation model in GIS for terrain elevations and the City’s storm system GIS data. 4. Replacement of bridges, increased frequency and extent of maintenance dredging, channel widening, and the construction of new floodwalls and setback levees will be considered in the alternatives screening process. 5. This study will be coordinated with the City of Renton Transportation Division and Community and Economic Department. 6. This study will have no impacts on the City’s current efforts to certify the Section 205 Levees with FEMA. The Levee Certification project will keep progressing independently of this study. 7. An Interlocal agreement with King County Flood Control District will be executed in the first half of 2019. 8. No federal or state agencies will be involved in or coordinated with as part of this study. However, permitting requirements would be addressed as part of the alternatives screening and evaluation process. Risks What are main high-level risks that have already been identified? This is all about uncertainty. What do you, or other people, think could go wrong on the project? Given that this project is a feasibility study and does not include the construction of any improvements, the risks associated with this project are minimal. Page 4 of 5 Constraints/ Boundaries Are there specific items that are NOT within the scope of the project? There's an infinite number of things not in the project, but remember, this document is about clarifying stakeholder expectations. In the Cedar River Corridor Capital Investment Strategy Report, the District assumed that this Flood Risk Reduction Study would extend up to I-405 (RM 1.7). However, as part of this charter, the City is proposing to extend the upstream limit of the study to the Riviera Apartments (RM 2.7) for several reasons: 1. The area within the 500-year floodplain between RM 1.7 and RM 2.7 is much smaller in comparison to the area between RM 0.0 and RM 1.7 and is not expected to require an increase in the District’s budget allocation for this expanded study. 2. The Renton Community Center (Carco Theatre) and the Riviera Apartments upstream of RM 1.7 have been impacted by flooding during past major flood events. 3. The study offers an opportunity to evaluate the potential impacts of any improvements downstream of I-405 on these areas and properties upstream of I-405. Most of the work will focus on evaluating alternatives along the banks of the main channel of the river rather than improvements away from the river. This study is intended to provide guidance to the City and the District for planning future flood protection improvements. It is uncertain whether it will result in any near- term projects. Planning Level Cost Range What is the expected project cost through the life of the project? Include contingencies and allied costs (design, permitting, staff labor) and where appropriate, estimated cash flow for the project. Present the project cost range to correspond with the initial schedule assumptions adjusted as appropriate to recognize the very preliminary nature of this cost estimate. The planning level cost estimate for the project is $500,000, broken down as follows: City Project Management - $50,000 Consultant Fee - $450,000 to cover data collection, surveying, hydraulic modeling, alternatives screening, alternatives analyses, cost estimating, feasibility assessment, conclusions and recommendations, and conceptual drawings. Sustainability Development Programs Discuss how this project will address the County directives related to environmental sustainability, such as: climate change; green building and sustainable development practices for capital projects (e.g., LEED Certification, or cost-effective sustainable practices); energy efficiency; conservation and cost savings; and any other related County directives in this area. Given that this project consists of a study that assesses the feasibility of increasing the level of protection from floods, it doesn’t result in direct sustainability benefits such as green infrastructure or energy efficiency. However, if any of the recommended projects or measures gets implemented in the future, the area would be more resilient to potential climate change effects on flood water levels in the Cedar River. Green infrastructure, energy efficiency, site disturbance extent and impact to native vegetation will be considered as criteria for screening and evaluating alternatives, where applicable. Also, to the extent possible, any construction activity related to this study will integrate cost- effective sustainable practices such as reuse or recycling of materials, using locally sourced products and plants, and implementing erosion and sedimentation controls to reduce construction impacts. Equity and Social Justice (ESJ) Program Discuss how this project will address the County directives related to Equity and Social Justice (ESJ) Ordinance 16948. The ordinance calls for a focus on both equity in the development and decision processes (process equity) and equity in the distribution of project benefits and burdens (distributional equity). http://www.kingcounty.gov/exec/equity/vision.aspx The project team will evaluate the applicability of nine ESJ credits in the pro-equity practices, processes, and outcomes. This analysis will use the available tools in the PMM to ensure consistency with the goals of the ESJ Ordinance. The team will determine the level of public involvement based on the score obtained for the “ESJ Initial Needs Assessment” tool. Page 5 of 5 Project Approval Process Identify who evaluates and decides on project continuance at intermediate review milestones, as well as project success, and gives ultimate sign-off of project completion. Agencies may refer to other standard processes of project acceptance if used within that agency. Ultimately, the City and the District would approve the final version of the study. The City will primarily interact with the consultant, and the District will review and provide comments on consultant deliverables. . Regular meetings with the consultant will be held throughout the study, namely a kick-off meeting, after preliminary results on modeling and Level of Protection are completed, a meeting following the completion of the alternatives screening report, and a meeting to review the alternatives evaluation. The Flood Control District will approve this Charter and the selection of an alternative(s), where applicable. Decision Making Process What will be the decision making process(es) for the project? The decision making process will involve close cooperation between the City and the consultant for project-related decisions. The King County Flood Control District will approve the milestones noted in the project approval process above. Success Criteria What will be the criteria for judging the project successful? The criteria for judging project success: 1. Completion of the study within the project budget and the funding agreement amount. 2. Completion of the study within a reasonable schedule timeframe. 3.Generation of well-defined, feasible and cost effective projects and measures for the City and the District to consider designing and constructing in the future. Signatures Optional - List signatories and obtain their signatures memorializing they have read and agree with the Charter. Typically the core project team members sign. The client/sponsor by signing the Gate 1 authorization form, with the charter as an attachment, agrees to the charter. Joseph Farah Ronald Straka CITY OF RENTON WASHINGTON V-3 APPENDIX C: PROFESSIONAL SERVICES AGREEMENT AGREEMENT FOR CLICK HERE TO ENTER TEXT. THIS AGREEMENT, dated for reference purposes only as Month XX, XXXX, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Click here to enter text. (“Consultant”), Click here to enter text.. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Click here to enter text. as specified in Exhibit Click here to enter text., which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit Click here to enter text. or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit Click here to enter text.. All Work shall be performed by no later than Click here to enter text.. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $Click here to enter text., plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit Click here to enter text.. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit Click here to enter text.. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Contract/Project Manager Name 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-XXXX E-mail Address Fax: (425) 430-XXXX CONSULTANT Contract/Project Manager Name Street Address City, State Zip Phone: (XXX) XXX-XXXX E-mail Address Fax: (XXX) XXX-XXXX PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Enter name of Contract/Project Manager. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Enter Signer’s Name Enter Signer’s Title Enter Signer’s Name Enter Signer’s Title _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Enter City Attorney Name Enter City Attorney Title Contract Template Updated 9/9/2020