HomeMy WebLinkAboutContract CAG-17-025
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C(��1TRACT AGREEMENT FQR
2U17 CQMPRENENSfVE P�AN AI"VIENDMEN�S
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THIS AGREEMENT, dated December�.t�2016, is by and be#ween the City of Renton (the "City"j,
a Washington municipal corporation, and BERK ("Consuftant"}, a Washington corporatian. The
City and the Cansultant are referred to collectivefy in this Agreement as the "Parties," Once
fully executed by the Parties, this Agreement is effective as of the date executed by both
Parties.
1. Scope of Services: Consultant agrees #o provide assistance in reviewing and processing
applications far the 2417 Comprehensive Plan Amendment cycle as specified in Exhibit
A, which is attached and ir�carporated herein. The 5cope of Services may hereinafter 1ae
referred to as the "Services."
2. Chan�es in Scope of Services: The City, without invalidating this Agreement, may order
changes to the 5cope af Services consisting af additions, deletians or modificatians, the
Compensation being adjusted accordingly consistent with the rates set forth in Exhibit A
or as otherwise mutually agreed by the Parties.
3. 7ime of Perfarm�nce: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Services shall be performed by no
later than December 31, 2017.
4. COmqensa#iUn:
A. Amount. Total compensation to Consultant for Services provided pursuant to this
Agreement shall not exceed $12,080, plus any applicable s#ate and local sales taxes.
Compensation shall be paid based upan Services actualiy performed according to
the rate(sj or amounts specified in Exhibit A. The Consultant agrees that any hourly
or flat rate charged by it for its Services sha!{ remain focked at the negatiated rate(s)
unless otherwise provided in Exhibit A. �xcept as specificaliy prc�vided in this
Agreement, the Consultant shall be solely respvnsible for the payment of any taxes
impased kay any jurisdiction or authority as a result of the per#ormance and payment
af this Agreement.
B. Method of Payment. an a monthiy o� no less than quarterly basis, the Consultant
shalf submit a voucher or invaice in the form specified by the City, including a
de�cription of what Serwices have been performed, the name of the personnel
performing such Services, artd any haurly fabor charge rate for such persartnel. The
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Consultant shall also submit a finai bill upon completion of all Services. Payment
sha{I 6e made an a monthly basis by the City only after the Services have been
perfarmed and within thirty (30) calendar days a#ter receipt and approvaf by the
appropriate City representative of the voucher or invoice. If the Services c{o not
meet the requirements of this Agreement, the Consultant will correct or modify the
work to compfy with the Agreement. The City may withhold payment for such work
until the wark meets the Agreement requirements.
C. Non-Aqpropriation of Funds. If sufficient funds are nat appropriated or allocated for
payment under this Agreement for any future fiscal per"sod, the City shall not be
obligated to make payrnents for Services or arnaunts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Services for which funds are allocated. Na penalty or expense shall
accrue to the City in the event this provision applies.
5. Termination:
A. The City reserves the right ta terminate this Agreement at any time, with ar without
cause by giving thirty (30} calendar days' notice to the Consultant in writing. In the
event of such termination or suspension, a11 finished or unfinished documents, data,
studies, warksheets, models and reparts, or other material prepared by the
Consultant pursuant to this Agreement sha11 be submitted to the �ity, if any are
required as part of the Services,
B. In the event this Agreement is terminated by the City, the Cansultant sha1) be
entitled to payment for all hours worked to the effective date af termination, less all
payments previausly made. This provisian sha11 not prevent the City from seeking
any legal remedies it may have for the violation or nonperformanee of any of the
provisions of this Agreement and such charges due to the City shall be deducted
fram the final payment due the Consu(tant. Na payment shall be made by the City
far any expenses incurred or work dane fallowing the effective date of termination
unless autharized in advance in writing by the City.
C. The Consultant reserves the right to terminat� this Agreerr�ent with nat less than
sixty (6d} calendar days' written notice, or irt the event autstanding invoices are not
paid within thirty (3Q} calendar days,
C7. If the Consultant is unavaiCable to perform the Services, the City may, at its option,
cancel this Agreement immediately.
b, Warranties And Ri�ht To Use Work Product: Consultant represents and warrants t�at
Consultant wi11 perform all Services identified in this Agreement in a prafessiona( and
workmanlike rrranner and in accordance with all reasonabie and professianal standards
and faws. Consultant further represents ar�d warrants that all final work praduct that is
created for and delivered to the City pursuant to this Agreement shall be the ariginal
work of the Consultant far which Cansultant holds the title and intellectual property
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rights. Cc�nsultant grants to the City a non-exclusive, perpetual right and license to use,
regroduce, distribute, adapt, nnadify, and dis�,lay all such final work product.
7. Recard liltaintenance: The Consultant shall maintain accaunts and rec�rds, which
properly reflect afl direct and indirect costs expended and Services provided in the
perforrriance of this Agreement. The Consultant agrees ta provide access to and copies
of any records related to this Agreement as required by the Gity fia audit expenditures
and charges and/ar to eomply with the Washington State Pub]ic Records Act �Chapter
�2.56 RCW).
8. Pubtic R�ccrrds Comr�lianee: To the full ex�ent the City determines necessary tc� comply
with the Washington State Public Records Act, Consultant shall make a due diiigent
search af al! records in its pcassession, including, but not lirnited ta, e-mail,
cc�rrespondence, nates�, �aved telephune messages, recordings, pt�otas, or drawings and
provide them to the Gity for procluction. !n the �vent Consultant believe� said reeords
need to be protected from disclosure, it shall, at�r�nsuEtant`s awn expense, seek judicial
proteetion, C�nsultant shall indemnify, defend, and ha[d harmless the City far all costs,
incfuding attarneys' fees, attertdant to any claim or 1'stigation related to a P�blic Records
Aet request fc�r v�hich Consultant has responsive rec�rds and for which ConsuRtant has
withheld records or information contained therein, or not provided them t€�the City in a
timely manner, Consultant shal( prodtace ft�r distribution any ae►d all records respansive
to the Rublic Records Act request in a fiimely manner, unless those records are protected
by cacsrt order.
9. Indec�endent Contractor Relatic�nship:
A. The Cc�nsultant is retainec3 by the Cit� only for the pur�oses �nd to the eactent set
f�rth in this Agreerr3ent. The nature of the re(ationship between the Consultant and
th�City during the period of the Services shall be that of an independent contractor,
not emplc�yee. 1'he Consultant, nat tl�e City, shali have t�e pawer tc� c�ntrc�l and
direct the cfetails, manner or means e�f Services. Speci�ca{ly, but not by means of
limitation, the Consultant st�al{ have no c�bligation to work any particular hours or
particular schedule, untess otherwise indieated in the Scope crf Work or where
scheduiing of attendance €�r perfQrmance is mutua#ly arranged d�e to pubficized
classes or activities. Consultant shal} retain the right to designate the mearss of
perforr�ing the Service� covered by this agreement, and the Consultant shalf be
ent`stled tn empioy other worlcers at such compensati�an and such r�ther condstions
as it may deem praper, pravided, however, that any cantraet sa mad� by the
Consultant is ta be paid by it alone, and that emplc�ying such workers, it is acting
individual�y and not as an agent for the�ity.
B. The City sha11 nc�t be responsible for withhoRding or otherwise deducting federal
income tax or Sacia! Security or contributing to the State 1€�dustria# Insurance
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Pragram, ar otherwise assuming the duties of an err►ployer wiith respect to
Consultant or any empioyee of the Consultant.
C. If the Consultant is a sole praprietorship or if this Agreement is wi#h an individual,
the Consultant agrees to r�otify the City and complete any rec#uired form if the
Cansultant retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Consuitant's failure ta do so.
10. Hald Harmless: The Consultant agrees ta release, indemnify, defend, and hold harrr3less
the City, its agents, attorneys, elected officials, employees, insurers, afficers,
representatives, and volunteers from any and ail claims, demands, actions, suits, causes
of action, arbitratians, mediations, proceedings, judgments, awards, injuries, damages,
liabiiities, taxes, loss�s, fines, fees, �aenalties, EXRE.'1lS@5r attorney's ar attorneys' fees,
costs, andJor litigation expenses to ar by any and all persons or entities, including,
without limitatian, their respective agents, licensees, or representatives, arising from,
resufting from, or in connection with this Agreement ar the acts, errors ar amissians af
the Cansultant in performanGe of this Agreement, except#or that portion of the claims
caused by the City's sole negiigence.
Should a court af competent jurisdiction determine that this agreement is �ubject t4
R�W A�.24.115, {Validity of agreement to indemnify against liability for negligence
relative ta constructian, 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 persans or damages to property caused by ar resulting from the concurrent
negligence of the Consultant and the City, its officers, atficials, employees and
volunteers, Consultant's liability shal! be only to the extent of Consultant's negligence.
It is fvrtMer specifically and express(y understood that the indemnification provided in
this Agreement constitute Cansultan#'s waiver of immunity under the lndustriai
lnsurance Act, RCW Title 51, solely for the purperses of this indemnification. The Parties
have mutually negotiated and agreed ta this waiver. 7he provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflic#s: The City's Code af Ethics and Washington 5tate !aw prohibit City
employees frorn soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation invofved in a cantract or transaction. To ensure compliance
with the City's Code of Ethics and state law, the Consu{tant shall �ot give a gift of any
kind to City smployses or afficials. Cr�nsultant also confirms that Consultant does not
have a business interest or a close family relationship witF► any City officer ar employee
who wlas, is, or wili be involved in selecting the Consultant, ne�otiating or administering
this Agreement, or evaivating the Consultant's perfiormance of the Services.
12. Citv of Renton Business License: 7he Consultant �hall obtain a City of Renton
Business license prior ta per#orming any Services and maintain the business license in
good standing throughout the term of this agreement with the City. More inforrnation
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regarding requirement ta register with the State of Washingtan Department of Rer�enue
can be faund on the web at:
htt : Idor.wa.�ovlc�antentld, oin„�businesslre�isterrnv�usinessl
13, fnsurance: Cc�nsultant shaH secure ar�d maintain;
A. Commerci�! general liability in�urance in the rninimum amcrunts af $1,OOO,QC�Q for
each occurrter�ce/$2,Qf}0,000 aggregate far the 7erm af this A�reerrter�fi.
B. In the event that Services delivered pursuant to this Agreement either direetly or
indirectly invalve or require Prrafessional Services, Professianal Liability, Errors and
Orr�issians caverage shall be provided uviih minimum limits of $1,000,000 per
accurrence, "Prafessianal Services"', far the purpc�s� of this section, shall mean any
5ervices prav'rded by a licensed prafessional or thase Services that require a
professiana!standard c�f care.
C. Warkers" compen�ation caverage, as requirecS by the lndustrial Rnsurance laws vf
the S#ate of Washingtc�n,shall a4so t�e seeured.
a. Commercial Autc�mobile l.iaksility for owned, leased, hired or non-awned, ieased,
hired or nan-owned, with minirrtum fimrts af $1,OOO,C100 per accurrence cambined
single limit, if there will be any use of Cansultant's vehicles or► the City's Premises lay
or c�n behalfi of the City, beyond narma! cornmt�tes.
E. Consultant shall name the City as an Additional lnsured crn its cammercial general
liability policy on a non-contributory primary basis. The City's insurance poficies
shall not be a sowrce for payrrrent of any Cor�sultant liability, nor shall the
maintenance af any ins�rance required by tFsis Ag�eement be construed to limit the
Iiability of Consultant to the caverage provided by such insurance or otherwise lirr�it
the City's recourse to any remedy available at law or in equity.
F. Subject to the City's review an�1 acceptance, a certificate af insurance showing the
proper endorsements, shall be defivered to the City before performing the Services.
G. Consul#ant sh�ll pr+avide the �ity with written notice af any pcalicy cancellation,
within two (2j business days ofi tneir receipt of such notice.
14. Deiavs: Consultant is nat responsible f�r delays caused by factc�r� beyand t�e
�onsultant`s reasonable control. When such delays beyond the Can�ultant's reasonable
accur, the City agrees the Cc�nsuitant is not responsible for damages, r�ar shaf� the
Cc�nsultant be deemec#to b�in default of the Agreemerrt.
15. SUCC@550C"S �t1CI ASSI�,"#15: N�'1#I�L'�' t�G Clt�t Cit)C t�!@ Cnt15UI��C1C S�1dII d55t�t1, transfer or
encumber any rights, duties or interests accr�'sng from tttis Agreement withc�ut the
writter� co�rsent of the other.
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16. Notites: Any notice required under this Agreement wi11 be in writing, acidressed to the
apprapriate party at the address which appears below (as modified in writing from time
to time by such party�, and given per�onally, by registered ar certified mail, return
receipt reguested, by facsimile or by nationaf{y recagnized overnight courier service.
Time periad for notices shall be deemed ta have commenced upan the date of receipt,
EXCEPT facsimile delivery will be deemed ta have commenced or� the first business day
foilowing transmission. Emaif anc{telephane may be used for purposes of administering
the Agreement, but shauld not be used to give any formal natice required by the
Agreement.
City of Renton: Consultant:
Angie Mathias, Long Range Planning Manager Erika Rhett, Seniar Associate
1055 South Grady Way 2025 �irst Avenue, Suite 800
Renton, WA 98057 Seattfe,WA 98121
Phone: (�25)430-6576 Phone: (2t}6) 493-2386
AMathias@rentonwa.gov Erika�a berkconsulting.eam
17. Discrimina#ion Prohibited: Except to the extent permitted by a bona fide oceupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the 5ervices performed or to be performed under this Agreement,
shall not discriminate an the basis of race, colar, sex, religion, natianality, creed,
marital status, sexual orientatian or preference, age (except minimum age and
retirement provis'sons}, honorably discharged veteran or military status, Qr the
presence af any sensary, mental or physicaf handicap, unless based upon a bona
fide accupational qualification in relationship ta hiring and employment, in
employment or appfication for employment, the administration of the delivery of
Services or any other benefits under khis Agreement, or procurement of materials or
supplies.
B. The Consuftant will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, nationa[ arigin, sex, age, sexual orientation, physical, sensory or mental
handicaps, ar mar'rtal status, Such action shall include, but not be limited to the
falEowing emplayment, upgrading, demotion ar transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or ather farms of compensativn and
selection for training.
C. If the Consultant fails to comply with any of this Agreement'� non-discrimination
provisions, the City shall have the right, at its caption, to cancel the Agreement in
whole or in part.
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D. The Consultant is responsible ta be aware of and in corr►pliance with all federal,
state and lacal laws and regulations that may afifect the satisfactory completion crf
the praject, which includes but is not limited to fair labor laws and worker's
compensation,-
1$. Misceltarreaus: The par#ies hereby aeknowledge:
A. The Cifiy is not respansible to train or provide training for Gcrnsultant.
B. Consulxant will not be reimbursed for job related expenses.
C. Consultant shall furnish all toals and j ar materials necessary to perform his j her
Services.
D. Except as otherwise provided in the Services, Cansultant shall not be required to
provide tools and/or materials for the participants j students in classes prc�vided as
Services.
E. In the event special training, licensing, or certification is required for Consultant to
provide 5ervices he/she will acquire ar maintain such at his/her own expense and,
if Consuftant employs, sub-contracts, or otherwise assigns the responsibility to
perform the Services, said employee / sub-contractor j assignee will acquire and or
maintain such training, licensing,or certification.
F. This is a non-exclusive agreement and Cansu(tant is free to provide his f her Services
to ather entiLies, so long as there is no interruption or interference with the
provision of 5eruices caEled far in zhis Agreement.
G. Consultant is respansible for his / her own insurance, including, but nat limited to
h�alth insurance.
H. Consuitant is responsible for his/ her own Worker's Compensation cauerage as well
as that for any persons employed by the Consultant.
19. Other Provisians:
A. Apprt�val AuthoritV. Each individual executing this Agreement an behalf of the City
and Consultant represents and warrants that such individuals are duly autharized ta
execute and deliver this Agreement on iaehalf af the City or Consultant.
B. General Administration and Mana�ement. The City's contract manager is Angie
Mathias. !n providing Services, Consultant shall coordinate with the Cit�'s cantract
manager ar his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing,duly executed by k�oth Parties.
D. Canflicts. ln the event of any incc�nsistencies between Consultant proposals and this
Agreement, the terms af this Agreement sha(f prevail. Any exhibitsJattachments ta
this Agreement are incorparated by reference anly to the extent of the purpase fpr
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which they are referenced within this Agreement. To the extent a Cansuitant
prepared exhibit conflicts with the term� in the body of this Agreement or contains
terms that are extraneaus to the purpose far which it is feferenced,the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governin� Law. This Agreement shap be made in and sha{! be governeci by and
interpreted in accordance with the laws af the State of Washington and the City of
Renton. Cansuftant and all of the Consultant's employees shal( perform the Services
in accordance with a{1 applicable federal, state, county and city laws, codes and
ordinances.
F. Jaint Draftin� Effart. This Agreement shall be considered far all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a resukt of the preparation, substitution, submission or other
event of negatiation, c4rafting or execution.
G. lurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
ar interpret this Agreement or any of its terms or co�enants shaU be brought in the
King County Superior Court for the State af Washington at the Maleng Regional
Justice Center in Kent, King Caunty, V�lashington, or its replacement or successor.
H. Severabilitv. A court of competent jurisdiction's determinatian that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder af this Agreement,whicf� shalf remain in fuli force and effect.
f. 5ole and Entire Agreement. This Agreement contains the entire agreement af the
Parties and any representations ar understandings, whether aral or written, not
incorporated are excluded.
J. Time is of the Essence. 7ime is 4f the essenee af this Agreement and each and all of
its provisions in which performance is a factor. Adherence to c4mpletion dates set
forth in the description of the Services is essentiaf to the Consu(tant's performance
of tFris Agreement.
K. 7hird-Party Beneficiaries. Nothing in this Agreement is intended ta, nor sha#I be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and respon5ibiiities undertaken pursuant to this Agreement
wil) be for the sole and excfusive benefit of the Parties ar�d no one else.
L. Assi�ns and Successors. The Parties each bind themselves, their partners,
successars, assigns, and legaf representatives to the ather party to this Agreement,
and to the partners, successors, assigns, and legal representat'sves af such other
party with respect to all covenants of the Agreement.
M. Waivers. Afl waivers shall be in writing and signed by the waiving party. Either
party's failure to enforce any provisian of this Agreement shall not be a waiver and
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shal) nQt prevent either the City or Consultant from enforcing that pravision or any
ather provisian af this Agreement in the future. Waiver of breach of any provision
of this Agreement sha11 not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
fV. Counterparts. The Parties may execute this Agreement in any num6er of
counterparts, each of which shal! constitute an origir�al, and all of which will
tagether constitute this one Agreement.
IN WITNES5 WHEREt?F, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties belaw.
CITY�F RENTC?N CONSULTANT
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C. E. r�Lh��}�/ Y��C.��t f ��fr�'Y'1 !1/�.5.��}aiw'{
CED Administrator ,.P�-ineipal J
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Date pa�� � `
Attest
lason . eth
Cit Clerk
Approved as to Legal Form
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Lawrence J. Warren
Renton City Attorney
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�:���9��`f
RENTC}I� 2tI17 COMPREHENSIVE PLAI� AMENDMENTS
Tne City of Renton seeks assistance in reviewing and processing appficatians for its 2017 Comprehensive
Plan Amendment cycle. Private parties have submitted thr�e separate applicatians far review.
• Project number I6-0805 Fairwood Park WetEand see�Cs to rezone property fram Residential 5ingle
Fami}y(RSF)f R-8 to ftesidential low Density(RLD�/R-2 to ref{ect that development pate�tiaf is
lirnited by a ma}or wetland that covers mare than 85%of the site. Based on preliminary re�iew staff
supports this amenciment.
• Praject number 16-D809 Kennydale Market anc!Gas Station seeks to rezone property from RSF/R-8
to Neighbarhood Commercia((Ct�)JCN for the purpose caf expansian af the commercial use on the
adjacent parcel to the sauth. Based on preliminary review staff supports this amendment.
+ Project number 16-0811 Pointe Heron seeks to rezone property from Empiayment Area (EA)/EA to
Residential Medium Density (RMD)land use designatian. Preferred zoning is Residentia) Multi-family
(RMF). Based on preliminary review staff does not suppart this amendment.
For each af these applications the City asks the Cansuitant to perform the following work: review the
application materials and applicable background information,write a staff repart to the Planning
Commission with preliminary recammendations, coordinate City-provided GIS services,present the staff
repart to the pianning commissian, prepare SEPA review documents for the Environmental Review
Comrnittee, present materials at a public hearing,write an issue paper far the agenda bill that wiil go to
Council, present materials to the Planning and Development Committee,and draft an ordinance for City
Attarney review.
Deliverables for each amendment inciude: P(anning Cammission Staff Repart, Planning Camrr�issian
powerpoint, Public Hearing powerpoint, ERC staff report and draft SEPA determination documents,
Cfluncil issue paper, and draft ordinance(as applicable).
Meeting dates far review af the amendments will be consolidated.This scope assumes the Consultant
will attend up to two Planning Cammission meetings,one Planning GommtS�sion heac,ir,�,o,ne;.�#��•-•-
Committee meeting{i#held),ane Planning and Qevelapment Committee me�ting, arrd one Councii'�'
Meeting.Sixteen haurs of additiona! time is set aside f�r additiona! meetings wrth applicants, interest
groups,the community, additiona! Planning Commission meetings, or any bther meetings set by the City
far the purposes of pracessing the amendments.G9ven the nature af project 16-Q8T1, it is anticipated
that these hours will be used primariiy for Pointe Heron.
Ta support this work, the City wsll provide application materiais, backgraund files,dacument templates,
GIS services,and legal descriptions far the rexones.The City will also provide meeting logistics ficluding
scheduling dates/times for meetings and providing hard capies of documents.
1
4.'i�i�':`'< �'.?s.i'�C)i,�i. t�t�c�`.i_3`i c `.-}1_:x ii.`.�l i�;1#f i'r E,' z±`�,
yCY"}#;3� rjC 1�1<,...,,
Evika Rhett Totai Mours and
Estimated Cost Su6task
by Task Subtota�s
2016 Hourly Rate $13q
Fask:2107 tomp p!an Amendments
ProjectAnalysis-Fairwood Park WeUand i6 $2,080
Project Anakysis-Kennydaie Markec and 6as Siation i6 52,0&0
Projectanatysis -PainteHeran ZO 52.660
Public Meetings and Proeess 2� r,J,i2�
Additineat Services(Po�nte Heron} 26 52,080
7otai Est maxed Hour3 92 � 92 �
Eost�Hours'Rate) SA�y�ap
5uFatotat tanw[tant Cast $11.960
P�a�ea Expen>es�'-t's�.of project buci�{at $120
Ettimated Project lata! 512,080
2