HomeMy WebLinkAboutComplete RFP DocumentCity mfRenton
Request for Proposal
For the Madsen Creek Improvement Project Phase 1
including Surveying, Hydraulic Analysis, and Preliminary Design
Submittal Deadline: 4:00 P.m., February 2, 2018
The City of Renton Surface Water Utility (City) is soliciting Proposals from qualified engineering
consulting firms for engineering and surveying senvicesfortheMadsenLreek(nnprovementProject
Phase 1.The work includes surveying, hydrologic analysis ofthe drainage basin, hydraulic analysis,
evaluation of the existing drainage systems, identifying alternative solutions, and preliminary design and
analysis of selected drainage improvement. Subject to the results of the consultant's work on Phase 1,
and to other factors, the City may decide to negotiate with the consultant for additional work after
Phase 1iscompleted.
The detailed RFP, background information, consultant selection criteria, and instructions for submittal of
the Proposal may beobtained atthe City ofRenton vxeboite inthe RFP
section, or by contacting Daniel Carey, City of Renton Surface Water Utility Engineer at 425-430-7293, or
byemail at
The Madsen Creek Drainage Basin is located 3 miles east of downtown Renton and is approximately 2.1
square miles of suburban area (see Figure 1). The Madsen Creek Sediment Basin and other drainage
improvements at the downstream end of the basin were constructed by King County in the 1970-80's,
and were transferred to the City of Renton through annexations in the 2000-10's (see Figure 2). The King
County April 1993 Cedar River Current and Future Conditions Report lists the Peak Annual 25-year flow
for Madsen Creek as 262 cfs. Flooding has started to occur in the constructed channel on the south side
ofSR-169and onthe east side of149m Ave SE. |n2O17flooding occurred onresidential property onthe
east side of 149th Ave SE. The Madsen Creek Channel constructed in Ron Regis Park has become filled
with sediment and isnolonger capable ofcarrying its design flow.
The City of Renton has obtained a 2017 King County Flood Control District Flood Reduction Grant for the
project. The Grant includes identifying and evaluating the Madsen Creek drainage basin, drainage
systems at the downstream end of the basin, surveying the drainage systems, and developing and
evaluating alternatives and preliminary designs for flood reduction improvements.
SCOPE OF WORK/PROPOSAL:
The City ofRenton requests that the consultant prepare aProposal for the work needed tomeet the
project goals and tasks in the 2017 King County Flood Control District Flood Reduction Grant. No cost
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information is to be provided for the Proposal or tasks therein.
The anticipated tasks include:
Hydrologic Analysis - Producing a new Hydrologic Report for the Madsen Creek Drainage Basin.
Identifying, reviewing and updating the Madsen Creek drainage basin characteristics.
Performing hydrologic modeling of drainage basin to identify peak runoff flows needed for
analysis of the existing downstream drainage systems, and the design and evaluation of
drainage system improvements. King County modelled the basin using the HSPF model in the
early 2000's. The basin model, files, and information from previous King County studies may be
available to use as a starting point for the new hydrologic model and report. There may also be
calibration information from a King County stream gage station on Madsen Creek. The basin
model may need to be revised to account for the new developments in the basin and east of the
Low Flow channel.
The consultant will provide paper and electronic copies of the Hydrologic Report and modeling
files. HSPF or an equivalent hydrologic model acceptable to the City may be used.
Surveying— Perform a topographic survey of Madsen Creek drainage system from the Madsen
Creek Sediment Basin to the Cedar River. The survey will provide the information needed for the
hydraulic analysis of the existing drainage system, and base maps for alternative analysis and
preliminary design and analysis of proposed improvements to the drainage system. The survey
should include the following elements:
- Madsen Creek Sediment Basin (including pond elevations below water level) located about
1,100 feet south of SR-169 (see Figure 2),
- the high flow bypass channel from the sediment basin to the Cedar River,
- the ditch along the south side of SR-169 adjacent to Wonderland Estates,
- the concrete culverts under SR-169,
- the Madsen Creek channel north of SR-169, through the CMP culvert under 149th Ave NE,
- the Madsen Creek channel through Ron Regis Park from 149th Ave NE to the Cedar River,
- the overflow ditch and drainage system on the east side of 149th Ave from the CMP culvert,
to the north end of 149th Ave NE, through the culverts, channel and CB's that connect it to
the High Flow Bypass Channel just south of the Cedar River,
- the Madsen Creek Low Flow Channel from the sediment basin to the east around the soccer
field to the culvert that crosses under the High Flow Bypass Channel,
- all culverts in the various parts of the drainage system elements including invert elevations,
top elevations, sizes, materials, slopes,
- any other significant features such as driveway crossings over the roadside ditch on 1491h
Ave NE, top and bottom elevations of the crossings, the bridge in Ron Regis Park, existing
utilities including type, size, and invert elevations, fences, power poles, etc.,
- portions of the residential properties at 15214 and 15202 149th Ave NE where flooding has
occurred.
The survey will include periodic cross -sections of the open channel drainage systems as needed
to define the capacity of the drainage systems and identify critical locations. The consultant will
be responsible for obtaining any right -of -entry forms or permissions needed for the survey from
the property owners.
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The consultant will provide paper plans and AutoCAD files of the completed survey including,
plans, and base maps of the drainage system. The City standard plans sheet size (22"x34") will
be used for plan sheets. AutoCad 2018 or a similar recent version will be used.
Hydraulic Analysis—Performohydrau|icana|ysis of the various elements of the existing
drainage system to determine the flow capacity of the systems, identify and quantify overflow
locations and flows, the level and amount of flooding, and the causes of flooding in the system.
The analysis will include determining the stage, storage, and discharge from the Madsen Creek
Sediment Basin through the existing culverts to the low flow and high flow channel. Drainage
reports from new development east of the Low Flow Channel may be used for flows from those
areas.
The consultant will provide paper and electronic copies of the Hydraulic Report and modeling
Environmental
The consultant will provide paper and electronic copies of the Environmental Survey Report and
Permitting Analysis — Identify and evaluate future permitting needs and requirements for future
project design, permitting, and construction. The Permitting Report should include sections for
each alternative design considered inthe Preliminary Design task. The work should provide a
basis for evaluating the potential permitting considerations for the alternatives, and for more
detailed work for a future phase.
The consultant will provide paper and electronic copies of the Permitting Report and files.
� Preliminary Design and Analysis —Usingtheinformationdevelooed from the previous tasks
identify and analyze a range of alternatives to reduce flooding in the problem areas, increase
the flow capacity of the drainage systems, and provide for fish accessibility and habitat as may
be required by permitting agencies. The Preliminary Design and Analysis may include the
following alternatives and tasks:
- Alternatives may include short-term improvement to address the current flooding problems
and long-term alternatives to provide more comprehensive solutions.
- Alternatives may propose use of property owned by King County north of SR-169, and
potential buyout of residential property affected by flooding byKing County.
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Alternatives may include rebuilding parts of the existing drainage system to increase their
flow capacity and reduce flooding, relocating parts of the Madsen Creek drainage system
such as relocating Madsen Creek to the east side of 149th Ave NE, relocating Madsen Creek
to the High Flow Bypass route on the north side of SR-169, and other potential alternatives.
- Analyzing the efficiency of the existing Madsen Creek Sediment Basin will be included. Part
of the proposed alternatives may include increasing the size and efficiency of the sediment
basin, providing better flow control diversion to the channels, and provide fish accessibility.
The first stage of the Preliminary design work will be used to identify alternatives and
determine the capacity and feasibility of the alternatives. The potential alternatives may
need to be discussed with the City and King County. A preliminary cost estimate should be
developed for each alternative. The consultant will evaluate the alternatives and rank them
using the project goals of reducing flooding, need for property acquisition, cost, and
environmental and permitting requirements.
The consultant will produce a draft report for the first stage of the Preliminary Design, and
will review the alternatives and rankings with the City. The City will select which alternatives
to proceed to the second stage of the preliminary design. The draft report will be finalized.
The second stage of Preliminary Design will involve more detailed design and analysis of the
selected alternatives, include initial plan layout and design. Hydraulic modeling and analysis
will be performed on each alternative to determine the flow capacity of the design and its
effectiveness in reducing flooding in the problem areas. A more detailed cost estimate will
be performed. Environmental and permitting conditions and considerations will be included.
A draft report will be reviewed with the City, revised as needed, and finalized.
The consultant will provide paper and electronic copies of the Preliminary Design Reports
including copies of all Word and Excel files used, the costs estimates, all hydraulic modelling and
modeling files, and the AutoCAD files used for all alternative and preliminary designs.
CONSULTANT SELECTION AND EVALUATION PROCESS
City of Renton staff will evaluate the consultant's Proposal based on the project approach, each firm's
technical skills and resources, the project team's technical skills and history of performance. Consultants
may use other firms as sub -consultants for work or tasks that they may not have sufficient staff or
expertise for. All work by sub -consultants must be identified in the proposal. Qualifications and resumes
for sub -consultants must be included in the proposal. The prime Consultant must perform the majority
of the work for the contract work on a dollar basis.
The City will evaluate the Proposals and select the highest ranking firms for oral interviews. 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 after the short list is determined.
Final selection will be based on the combined score of the written Proposal and the oral interviews. The
City may choose to forego oral interviews and base selection solely on the written Proposal submitted.
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.
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DISCLAIMERS
• Proposals that do not include all of the submittal requirements outlined herein may not be
considered, or may be downgraded.
• At the City's discretion, the City may amend the Selection Process and Schedule at any time.
• The City may revise the evaluation and scoring criteria at any time without providing notice to
the Consultants.
• At the City's discretion, the City may choose to republish the RFP.
• The execution of the Consultant Agreement is subject to budgeted funds.
• 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.
• All materials submitted for the Proposal will become property of the City and will not be
returned.
• By submitting materials to the City's for consideration for this RFP, the Consultant is waiving
any claim of confidentiality, trade secrets or privilege with respect to materials submitted. All
submitted materials are subject to public records disclosure under the State of Washington
Public Records Act.
INFORMATION TO BE PROVIDED IN THE PROPOSAL
To be considered responsive the Proposal must include the following information. Proposals that do not
fully comply with these instructions may not be considered.
To facilitate evaluation the Proposals should be organized in the order of the outline below. Do not
exceed 20 pages total for sections A and B. Resumes should be limited to one to two pages for each
person.
1. Describe your proposed approach to the project and the specific tasks that would be
included in a proposed Scope of Work for the project as follows:
TASK No. TITLE
TASK LEAD:
SUBCONSULTANTS (if used):
RATIONALE:
ACTION OUTLINE (Approach/Actions%Results):
2. Provide a preliminary time schedule for carrying out various tasks.
3. Prepare time estimates and availability for key team members used in each of the major
tasks.
B. PROJECT MANAGEMENT
1. Provide a description of your approach to organize and carry out the work.
2. Provide an organizational chart indicating how the firm's management will interface
with this project. Identify the overall Project Manager and task leaders/key team
members.
C. PROJECT TEAM MEMBERS
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1. Identify the Project Manager, each task leader, and key team members. Describe their
expertise and their role in this project. Provide their office location, technical expertise,
and other pertinent information. Provide a professional resume for each member of the
proposed team.
J. Identify sub consultants that you will use on this project, indicate their specific roles,
and provide their experience onsimilar related projects.
3 Describe of two to three projects that your firm has completed that are similar to the
proposed project. Describe how the projects performed in terms of desired outcome,
budget and schedule. Describe the work that your firm's project team members
performed for those projects.
Provide three recent references (within last ten years) that may be contacted
concerning your firm's performance on a project of this type.
Provide three recent references (within last ten years) that may be contacted
concerning the performance ofyour finn'sproposed Project &1ena8eronpnjectsofthix
type.
INSURANCE, RECORDKEEPING, AGREEMENT, 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 by the City. The firm selected will be required to sign the City of Renton Consultant
Agreement. All firms working onthe project will be required to obtain a City Business License.
Indicate ifyou can meet these requirements.
SUBMITTALDEADLINE
The deadline for submittals is4:0Op.m,February �2018.
If mailed, the submittal must be postmarked no later than February 2, 2018,
Five (5) paper copies and one (delectronic copy of the Proposal inPDFformat onaCD, DVD,or
jump drive, shall be mailed or delivered to the following address:
City ofRenton
Attn: RPFMadsen Creek Improvement Project
Daniel Carey, Surface Water Utility, 5thFloor Renton City Hall
1O55South Grady Way, Renton, VV/\9DOS7
G. CITY CONTACT PERSON
All questions regarding this request for RFP should be directed to:
Daniel Carey, Surface Water Utility
City ofRenton, SmFloor, Renton City Hall
1O55South Grady Way, Renton, VVA 98057
Phone:435-43O'7293, Emai|:dcarey@rentonxva.gox
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— _ 149th Avenue SE
•_K4,g County ,--`� Legend
a' Renton`it:' -
syt7 y-c, Renton City Limits
S Madsen Creek
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{� Renton
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Madsen Creek
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Madsen Creek Drainage Basin:
as ,�'� : ;F -.,r 1F5 _{ y,. Total Basin Area = 2.09 so mi
ems►"' '' Basin Area in King County =1.88 sq mi
N+Fyy�e+`y�T; Basin Area in Renton =0.21sgmi
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Figure 1: Madsen Creek Drainage Basin
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Flooding Ave
Flooding on 149th Ave SE, looking North
Madsen Creek Improvement Project Phase 1 2018
Consultant Evaluation d
NAME OF APPLICANT/FIRM:
NAME OF RATER:
EVALUATION OF WRITTEN PROPOSAL
Review the firm's Statement of Qualifications / Proposal, and evaluate the following elements/sections based
upon the scoring system described below:
Inadequate =1, Acceptable = 2, Good = 3, Excellent = 4, Outstanding = 5
Multiply points by Weighting Factor (WF) where used (e.g. Good = 3 pts x WF of 2 = 6 Total Pts)
Proiect Approach
Item
Description
Weighting
Total
Factor
Points
(WF)
1
Proposed Approach, Scope of Work, and Tasks are compatible with City
1
practices (preparation of scope of work, breakdown of project into tasks
and milestones, adequate field and background research, etc.)
2
Proposed tasks appear to meet the needs of project, preliminary scope of
2
work, and the project goals.
3
Preliminary time schedule for the tasks appears to be realistic.
2
Task sequencing is logical, appropriate.
4
Time estimates for key member's work on tasks appear to be realistic and
1
appropriate.
5
Is a quality control program included? Do task leads/senior staff perform
1
quality reviews of products?
SUBTOTAL:
Project Management
Item
Description
Weighting
Total
Factor
Points
(WF)
1
Evaluate firms approach to organize and carry out the work.
1
2
Evaluate organization chart, how team members, sub -consultants will
interface with project and project tasks.
1
SUBTOTAL:
Proiect Team Members — Qualification and Expertise as Related to the Requirements of this Proiect
Item
Description
Weighting
Total
Factor
Points
(WF)
1
Experience and technical expertise of proposed Project Manager/task
2
leaders.
2
Experience/expertise of proposed team members in hydrologic (basin)
2
and hydraulic analysis and design.
3
Experience/expertise of proposed team members in environmental
1
analysis and permitting.
4
Time estimates and availability of key team members for the project
1
5
Experience/expertise of proposed sub -consultants) in their professional
1
areas and in similar projects. (if no sub -consultants proposed score a 3)
6
Evaluate the similar project examples the firm provided, and how well the
1
firm performed on the similar project examples.
7
How did the firm perform in terms of budget and schedule on the similar
1
projects provided?
SUBTOTAL:
Overall Evaluation
Item
Description
Weighting
Total
Factor
Points
(WF)
1
Quality of work by firm/team members on previous City of Renton
1
projects, and knowledge of Renton standards.
(if you know of no previous work for City, score a 2 on this item).
2
Overall evaluation of Proposal and ability of Firm to do the project work.
2
SUBTOTAL:
I-T TOTALSCORE:
CAG-17-211
Project Name: Madsen Creek Improvement Project Phase 1 Award Number: 4.17.10
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN THE CITY OF RENTON AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Renton ("Recipient") (collectively referred to as the "parties" and in the singular "party"), for
the purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31, 2018.
Project Contacts:
King County — Kim Harper, Grant Administrator, 206-477-6079, Kim.hner@kinccounty.gov.
Recipient — Daniel Carey, City of Renton Surface Water Utility, 425-430-7293,
Dcarey@rentonwa.gov.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District ("District") is a quasi -municipal
corporation of the State of Washington, authorized to provide funding for flood control
and stormwater protection projects and activities; and
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ("ELA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget; and
1.3 Whereas, on November 12, 2013, the District's Board of Supervisors passed Resolution
FCD2013-14.3 which established a Flood Reduction Grant Program and criteria for
awarding grant funding for projects, and on November 16, 2015, the Board passed
Resolution FCD2016-20.3, which authorized an allocation of $3,058,908 from the
District's 2016 budget to fund flood reduction projects; and
1.4 Whereas, on August 21.2017 the District's Board of Supervisors passed Resolution
FCD2017-05.1, which approved the flood reduction projects described in Attachment A to
that Resolution; and
1.5 Whereas, in accordance with the terms of these Resolutions, and in its capacity as
service provider to the District, King County has established policies and procedures for
administering the flood reduction grant program, a copy of which has been furnished to
Recipient and which is incorporated herein by this reference (hereinafter "Grant Policies
and Procedures"); and
1.6 Whereas, the Recipient submitted an application to receive funds for a project to be
funded by the Flood Reduction Grant Program; and
Page 1 of 7
Project Name: Madsen Creek Improvement Project Phase 1 Award Number: 4.17.10
1.7 Whereas the District's Board of Supervisors approved funding of Recipient's application
for the project ("Project"), as described in Attachment A to Resolution FCD2017-05.1 in
the amount of $472,000 ("Award"); and
1.8 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and
incorporated herein as Exhibit C (`Budget"), are consistent with the Grant Policies and
Procedures, the Recipient's application for the Project, and the Resolution approving
funding for the Project; and
1.9 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with Resolution FCD2017-05.1, and the Grant
Policies and Procedures, and under which the Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to pay the Award amount to Recipient in the total amount of
$472,000 from District funds. The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A to this Agreement. Exhibit A,
attached hereto and incorporated herein by this reference, contains a description of the
Project as described in Attachment A to Resolution FCD2017-05.1. King County shall
pay the Recipient in accordance with the terms of the Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) the activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) the activities occur after the District passes a resolution approving an
award for the Project; 5) such activities and expenses otherwise comply with all
other terms of this Agreement; and 6) reimbursements shall be paid to the Recipient only
after this Agreement has been fully executed.
Page 2 of 7
Project Name: Madsen Creek Improvement Project Phase I Award Number: 4.17. 10
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable expenses
identified in the Budget and according to the rules set forth in the Grant Policies and
Procedures. Blank forms shall be provided to the Recipient by King County upon
execution of this Agreement. A progress report (with or without a request for payment)
shall be made no less frequently than every six months after the effective date of this
Agreement nor more frequently than every three months after the aforementioned date. A
Progress Report form shall be submitted with all payment requests. A one- time advance
of no more than 25% of the Award amount may be allowed, in the discretion of King
County, for expenses anticipated to be incurred in the three months following the date of
submission of the advance Request for Payment only for work that is included in the
Scope of Work of this Agreement, and identified as such in the Request for Payment.
Documentation of payments made from the advance payment shall be submitted to King
County prior to any further requests for payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient's completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Close-out Report form unless a more detailed final report is specified in
the scope of work. A blank form shall be provided to the Recipient by King County upon
execution of this Agreement. The final report shall include a summary of the Project's
successes and shall address the flood reduction benefits accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
0
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative, shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by Washington the ton State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
Page 3 of 7
Project Name: Madsen Creek Improvement Project Phase 1 Award Number: 4.17.10
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project
on all literature, signage or press releases related to the Project. The Recipient may
obtain from King County a District logo that may be used in the acknowledgement.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Project shall be completed by no later than December 31, 2018. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and retain any unexpended Award funds.
3.6. This Agreement may be signed in multiple counterparts.
3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
Page 4 of 7
Project Name: Madsen Creek Improvement Project Phase 1 Award Number: 4.17.10
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the District, King County's
obligations are contingent upon the appropriation of sufficient funds by the Board of
Supervisors of the District to complete the Scope of Work. If no such appropriation is
made, this Agreement will ternunate at the close of the appropriation year for which the
last appropriation that provides funds under this Agreement was made.
This document has been approved as to form by the King County Prosecuting Attorney's Office
as of September 12, 2015.
KING COUNTY:
By -
Name
Title
Date
RECIPIENT:
By
Name Denis -Law, mayor
ATTEST:
Jag n A. S th, City Clerk
Date
Page 5 of 7
Project Name: Madsen Creek Improvement Project Phase 1 Award Number: 4.17.10
EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME
RECIPIENT
DESCRIPTION
LEVERAGE
AWARD
The purpose of the project is to reduce flooding from
Madsen Creek to residential property along 1491h Ave SE,
and to the Wonderland Estates Manufactured Home
Park property on the south side of SR-169. The project
Madsen Creek
will be performed in phases starting with hydrologic and
Improvement
City of
hydraulic studies of the Madsen Creek drainage basin
$48,800
$472,000
Project Phase 1
Renton
and preliminary design of flood reduction improvements
(Phase 1). This grant application is for the Phase 1 work,
which will be used in future phases for the final design
and construction of improvements to the drainage
system to reduce the potential for and extent of
flooding.
EXHIBIT B: SCOPE OF WORK
TASKS
ACTIVITIES AND DELIVERABLES
APPROX.
MONTH/YEAR
PERCENT OF
TASK WILL BE
AWARD
COMPLETED
REQUEST
Task 1: Project
Submit reimbursement request forms, backup
9%
Administration
documentation for billing, and progress reports at least
(Required task)
every 6 months. Submit a Fiscal Closeout form and a
Closeout Report form with the final reimbursement
request. Including Engineering Consultant project
management.
Task 2: Grant
KCFCD and City signs and executes Grant Agreement.
0%
October 2017
Agreement
Task 3:
City executes contract with Engineering Consulting firm for
0%
November
Engineering
project. Deliverables -Executed contract.
2017
Contract
Task 4: Basin
Consultant reviews and updates drainage basin
7%
March 2018
Hydrologic
characteristics, performs Hydrologic Modeling of drainage
Model
basin for peak runoff flows. Deliverables -Hydrologic
Report.
Task 5:
Consultant performs topographic survey of Madsen Creek
26%
December
Creek Survey
drainage system from sediment basin to Cedar River.
2017
Identifies drainage features, locations, and elevation.
Concurrent with Task 4. Deliverables-ACAD plans and base
maps of the drain system.
Task 6:
Consultant performs Hydraulic Analysis of existing drainage
10%
March 2018
Hydraulic
system to determine existing flow capacity, overflow
Analysis
locations and causes. Deliverables -Hydraulic Analysis
Report.
Task 7:
Consultant performs environmental survey and analysis of
9%
March 2018
Environmental
basin, wetlands, fish access and habitat. Concurrent with
Analysis
Task 6. Deliverables -Environmental Analysis Report.
Page 6 of 7
Project Name: Madsen Creek Improvement Project Phase 1 Award Number: 4.17.10
TASKS
ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
Task 8: Permit
Consultant identifies and evaluates permitting needs and
4%
June 2018
Needs
requirements for project design and permitting.
Concurrent with Task 9. Deliverables -Permitting Report.
Task 9:
Consultant uses information from previous tasks to
35%
July 2018
Preliminary
develop preliminary plans to rebuild sections of the
Design
drainage system to reduce or eliminate flooding, improve
peak flow capacity, and provide fish accessibility and
habitat as required by permitting agencies. Hydraulic
analysis of preliminary designs will be performed to
determine flooding reductions. Proposed improvements
will be ranked in order of their potential to reduce flooding
of affected areas.
Deliverables -Preliminary Design Report and Hydraulic
Analysis, ACAD Plans of preliminary designs.
17:II11itom111Ze1:1111
BUDGET ITEM
GRANT
AWARD
REQUEST
FINANCIAL LEVERAGE
(not required)
LEVERAGE
TOTAL
TOTAL
(Grant+
Leverage)
SOURCE NAME
Renton SWU
AMOUNT
STAFFING
$48,800
$48,800
$48,800
COMMERCIAL SERVICES AND
CREW TIME
$472,000
$472,000
TOTAL
1 $472,000
$48,800
$520,800
Page 7 of 7
�- CITY OF oi7
enton
Insurance Guidelines for the City of Renton
The City of Renton typically requires current insurance certificates for one or more of
the following lines of coverage and minimum insurance limits:
• $1,000,000 per occurrence and $2,000,000 aggregate for Commercial General
Liability (CGL) or Special Event coverage. Limits maybe increased for higher than
usual or special liability exposures.
• $1,000,000 combined single limit for Auto Liability. Required if a commercial
vehicle will be used in performance of work or delivery of products, beyond normal
commutes.
• Proof of Workers' Compensation coverage, as required by the State of Washington
(provide the Washington L&I or excess coverage policy number).
• Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto
liability coverage limits.
• $1,000,000 Professional Liability. Required if professional services (e.g. architect,
engineering, surveying, legal, or medical) are being provided to the city and if those
professional services are excluded from the CGL policy.
• $1,000,000 per occurrence Aircraft Liability (including Property Damage Liability).
Required coverage for aircraft tie -down leases.
Requirements unique to the City of Renton:
• Name the City of Renton as a Primary and Non-contributory Additional Insured on
the policy (only applies to Commercial General, Auto Liability, Excess/Umbrella,
Special Event, and Aircraft Liability policies).
• The City shall be provided with written notice of any policy cancellation within a
minimum of two business days of receipt of such notice by the policy holder.
• The city does not represent that the minimum required insurance coverage or limits
are adequate to protect the vendor/contractor/consultant from all liabilities.
• Insurance certificate requirements can only be waived with Risk Manager approval.
• The certificate holder should read:
City of Renton
ATTN: {enter your City contact's name here and Department)
1055 South Grady Way
Renton, WA. 98057
Direct any questions, comments, or concerns to: Gary B. Lamb, Risk Manager
425.430.7669 - direct
425.430.7665 - fax
glamb@rentonwa.gov
Revised 6/27/16
L\S Y 011
RF N'T O
AGREEMENT FOR CLICK HERE TO ENTER TEXT,
THIS AGREEMENT, dated Click here to enter text., is by and between the City of Renton (the
"City"), a Washington municipal corporation, and Click here to enter text. ("Consultant"), Click
here to enter text.. The City and the Consultant are referred to collectively in this Agreement as
the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date
signed by both parties.
1. Scope of Work: Consultant agrees to provide Click here to enter text. as specified in
Exhibit Click here to enter text., which is attached and incorporated herein and may
hereinafter be referred to as the "Work." [NOTE: the Scope of work should fully describe the
services in sufficient detail to bind the consultant in the event of a dispute. If design or other
applicable standards apply to the work (e.g. City adopted street standards, 2016 WSDOT
Standard Specifications, or applicable professional standards) identify those standards here
or in the Scope of Work exhibit so that the Consultant will be bound to the desired standards.
DELETE THIS NOTE].
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit
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.. INCITE: insert latest date by which you
expect the services to take to perform without a contract amendment- note that more specific
deadlines should be included in the referenced exhibit, DELETE THIS NOTE.1
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $ , plus any applicable state and
local sales taxes. Compensation shall be paid [NOTE: ADD THIS ADDITIONAL LANGUAGE
FOR FIXED SUM CONTRACTS AND DELETE THIS NOTE] as a flat rate fixed sum based upon
Work actually performed according to the rate(s) or amounts specified in Exhibit
here to enter text.. The Consultant agrees that any hourly or flat rate charged by it for
its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in
writing or provided in Exhibit Click here to enter text . Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the 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.
S. 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
Page 2 of 10
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bride 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
Page 3 of 10
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
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
Page 4 of 10
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: 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:llrentonwa.F,oylbusiness/default.aspx?id=548&mid=328.
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/content/doingbusiness/registermybusiness/
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.
Page 5 of 10
D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired
or non -owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
CONSULTANT
Click here to enter to Click here to enter text.
1055 South Grady Way Click here to enter text.
Renton, WA 98057 Click here to enter text.
Phone: (425) 430-Click here to enter text. Phone: Click here to enter text.
Page 6 of 10 ��` �' r i�
Click here toenter text. Click here b}enter text.
Fax: (425) 430-Click here to enter text. Fax: Click here to enter text.
17. Except tmthe extent permitted by bona fide occupational
qualification, the Consultant agrees asfollows:
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 onthe basis ofrace, color, sex, religion, nationality, creed, marital
status, sexual orientation mrpreference, 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 orapplication
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, orprocurement mfmaterials mrsupplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard kltheir 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 tothe
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff ortermination, 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-dischrnination
provisions, the City shall have the right, at its option, tocancel the Agreement in
whole orinpart.
O. 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 tofair labor laws, worker's compensation,
and Title V1 of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4O85.
18. 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.
Page 7ofu) `�
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contrac±s,orotherwise assigns the responsibility toperform
the Work, said employee/sub-contractor/assignee will acquire and ormaintain such
training, licensing, orcertification.
E. This is a non-exclusive agreement and Consultant isfree to provide his/her Work to
other entities, oolong asthere isnointerruption orinterference with the provision of
Work called for inthis 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 wnbehalf ofthe City urConsultant.
B. General Administration and Management. The [it»sproject rnanogeris
. In providing Work, Consultant shall coordinate with the [jh/smontract
manager orhis/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 ofany inconsistencies between Consultant proposals and this
Agreement, the terms ofthis 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 |oxvs 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.
��
Page 8 of 10
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
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.
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.
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.
Page 9 of 10
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
Click here to enter text.
Click here to enter text.
Date
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Contract Template Updated 07/19/2017
Page 10 of 10
CONSULTANT
0
Click here to enter text.
Click here to enter text.
Date