HomeMy WebLinkAboutContractDocusign Envelope ID: AE619C55-30F6-49D3-95F8-5A1AA515CA7F
AGREEMENT FOR ENVIRONMENTAL SERVICES AND CULTURAL
ASSESSMENT FOR SW 43RD STREET IMPROVEMENT
THIS AGREEMENT, dated for reference purposes only as May 17, 2024, is by and between the
City of Renton (the "City"), a Washington municipal corporation, and Cowling and Company,
L.L.C., dba Widener & Assoicates ("Consultant"), a Washinton corporation. 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 environmental services as specified in
Exhibit A, which is attached and incorporated herein and may hereinafter be referred to
as the "Work."
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than December 31, 2028.
4.Compensation:
A.Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $26,966.03, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit B. 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 B. 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
CAG-24-202
Docusign Envelope ID: AE619C55-30F6-49D3-95F8-5A1AA515CA7F
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
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.
PAGE40F 10
Approved by Cheryl Beyer via email 5/24/2024
Jo
b
C
l
a
s
s
i
f
i
c
a
t
i
o
n
s
La
b
o
r
Ra
t
e
s
Ov
e
r
h
e
a
d
11
8
.
8
4
%
Fi
x
e
d
Fe
e
3
0
%
Al
l
In
c
l
u
s
i
v
e
Ho
u
r
l
y
Bi
l
l
i
n
g
Ra
t
e
NT
E
NT
E
NT
E
NT
E
Pr
o
j
e
c
t
M
a
n
a
g
e
r
$8
0
.
0
0
$9
5
.
0
7
$2
4
.
0
0
$1
9
9
.
0
7
Se
n
i
o
r
P
r
o
j
e
c
t
S
p
e
c
i
a
l
i
s
t
/
B
i
o
l
o
g
i
s
t
$6
5
.
0
0
$7
7
.
2
5
$1
9
.
5
0
$1
6
1
.
7
5
Pr
o
j
e
c
t
S
p
e
c
i
a
l
i
s
t
/
B
i
o
l
o
g
i
s
t
$4
2
.
0
0
$4
9
.
9
1
$1
2
.
6
0
$1
0
4
.
5
1
Bu
s
i
n
e
s
s
M
a
n
a
g
e
r
$5
0
.
0
0
$5
9
.
4
2
$1
5
.
0
0
$1
2
4
.
4
2
Cl
e
r
i
c
a
l
$3
5
.
0
0
$4
1
.
5
9
$1
0
.
5
0
$8
7
.
0
9
Ac
t
u
a
l
N
o
t
t
o
E
x
c
e
e
d
T
a
b
l
e
Co
w
l
i
n
g
&
C
o
m
p
a
n
y
L
L
C
D
B
A
W
i
d
e
n
e
r
&
A
s
s
o
c
i
a
t
e
s
Pr
o
j
e
c
t
C
o
o
r
d
i
n
a
t
i
o
n
S
e
r
v
i
c
e
s
Ef
f
e
c
t
i
v
e
J
u
l
y
5
,
2
0
2
3
20
2
3
-
2
0
2
4
W
i
d
e
n
e
r
A
s
s
o
c
i
a
t
e
s