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
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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
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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
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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
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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
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WASHINGTON
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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