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HomeMy WebLinkAbout2026-02-26 - Request for Proposals - Professional Engineering Services - Future Sewer Lift Station #13Addendum i Future Sewer Lift Station 13 Project No. 99740205 [XtyVfTukwila, Washington 2- Please confirm the desired limits for LS13work (lift station site, access, discharge connection point, and any appurtenances) and whether any upstream gravity sewer modifications are anticipated. The potential site iSGnunopened ROW, and there may U9existing obstructions Ur unanticipated expansion of public fencing or property. The sewer coming in will need to be modified to fit the connection point. The discharge will have more freedom as we do not currently have a force main and have a few options we can consider moving forward. 2. Will the City obtain required easements/rights of entry, if necessary, or is the consultant expected to support acquisition (exhibits, legal descriptions, negotiation support)? The consultant iSexpected tUsupport ineasement acquisition GSneeded. 3. Is an access road required as part of this scope? If yes, what functional requirements (maintenance vehicle type, winter access, gates/bollards, trail -user separation)? Yes, our crew will need to access the new station with their vehicles. The vac -truck is likely the biggest piece of equipment and we can provide specs of the vehicle during the design phase so it can turn around and have access to the pumps as needed by O&M. Other items like bollards and trail separation will highly depend on the design, and if a fence/gate is needed and what could those look like. 4. How many alternatives does the City expect Gtminimum (8.g..2-3) and should alternatives include site location variants, Oronly station typ8/COnf igun3tiOn? | feasibility Ufthe site will U9needed tUU9completed first tUensure the site can accommodate a lift station and its needed access. Although we are open to alternative sites, the intended alternatives vv9would like tUsee iSabout 2'3and all Gtthe same site. 5. Please provide (or confirm where inCity standards) the design average/peak flows, L/| assumptions, service area, and required firm capacity criteria. These numbers will change depending on what is impacted downstream and what we choose to pick up. Currently, everything we plan to pick up flows south to station 12 (Key Bank) and station 2 (Hayek Furniture). That is G question that we will n99U to explore further during the design phase. 6. Confirm target discharge HGL, force main tie-in pressure requirements, if available. Currently, that information is not readily available for the RFQ phase. 1 T. The RFP notes 8 preference for Rugid SCADACUmp8tiUi|ity. Can the City provide the current Rugi0SCADAintegration standards, preferred PLC/RTU hGr0vvGv8. COmmS requirements (rG0io/C8||u|Gr/fiU8r).and CyU8nS8Curityrequirements? Our standards for Rugid are currently based on O&M preference and the City does not have set standards, but most of our other stations run that same technology. It seems it simple, but h8nU|SS all of our needs. We've tried newer technologies for SCADA and it was not received well inthe past. 8. Has power availability Gtthe proposed site been confirmed? Power availability, especially specific voltage needed, has not been confirmed, but all properties and signals abutting the potential future site have electrical access. S. Is the renewable analysis meant to be a desktop feasibility memo or does the City expect preliminary electrical/siting design and cost estimate suitable for implementation? We vvUuN like to S99 r9G| vvUdU 9xGmp|9S that CUuN set the station apart from traditional designs. It can look at a unique design that doesn't make it seem like a lift station from the outside. It can look Gtalternative fuel/energy SOurC9S, different interior equipment, 9tC— It can address one or more items, and it is not meant as simply a desktop exercise. 1O.What iSthe expected level Ofoutreach (number Ofmeetings, materials, languages, business/resident focus, after-hours r8quir8m8ntS)? Minimum outreach is 9xp9Ct9U to include Uivv99k|y meetings with King County/Street department, as well as two in person meetings during the design phase with the public during the evening, and other meetings with the City (can be virtual) to CUm9 up with outreach product(s) for distribution at the end of the design phase but prior to construction. 11. Will the City lead public outreach with consultant support, or is the consultant expected to plan and facilitate outreach end -to -end? The outreach process is expected to be a partnership between the City and the consultant, but the consultant will U9contributing Gsignificant amount tUthe effort. 12.Confirm required submittals (8.g.. |FB)and expected review durations/turnaround times. Anticipated milestones including 3O%,8O%,SO%,1OO96,and depending Unhow the 1OO96iS received, there may be a separate milestone for a bid ready submittal. Anticipated City turnaround for a lift station project should be assume to be 3 weeks as reviews include a larger number Ufstakeholders than G typical earthworks pipeline capital project. 13. Please confirm expected bid -phase support (RFIs, addenda drafting, pre -bid meeting attendance, bid tabulation, recommendation m8mO). RFIs, addenda drafting, submittal review, and other related activities. Attending a pre -bid meeting if the City decides to have one, although we typically do not have a pre bid meeting. Bid Tabs will be handled internally by the city, and so well the recommendation to award. The consultant will also not be expected to attend the council meeting when the project is GvvGrU9U. 14. What is the City's target advertisement month (IFB issuance) to support 2027 construction? 2 The UGt9 CUuN change due to CUUnjinGtiUn with KC and the Street Department, but our goal is to conclude construction by the end of 2028. That construction schedule can be used to determine the feasibility Ufthe design schedule GSneeded. 15.Any known contamination at/near the proposed site (Phase L/||n880S)? VV9are not aware Ufany contaminants GtUrnear the proposed site. 16. Do you anticipate needing odor control for the lift station? Yea we do anticipate needing odor control, as businesses and residents work and recreate in the area. Some measures can be incorporated into the sustainability category as well if they are groundbreaking orunique. 17. Is the preference for a building structure at grade or entirely below ground (similar to LS 12)? Lift station 12 is an older design, but one that the O&M crew prefer. Although we are open to any design, our preference is a station fully below grade that could bring the whole area together and make it welcoming. 18. Are the Lift Station 13 and South Center Blvd utilities projects intended to be constructed under one contract and bid process? Although we are open to constructing them under one contract, our preference is to bid and build them separately, asides from the coordination of the consultants and contractors. We doplan tohire asingle CMteam during the construction phase however. 19. Some sewer modeling may be required to assess the impact of shifting basin 4 flows to basin 2/18. What sewer modeling software does the City prefer to use? What program(s) have been used inthe past? VVedonot have sewer modeling inhouae but CaroUohave helped uawith modeling for our Comp Plan, which will beadopted inthe coming months. They will need tobeconsulted regarding specific software and methods. The City can coordinate meetings as needed. 20. Please confirm that all permitting will be issued or managed by the City, and that the City will be the agent for any state -level permitting (i.e. SEPA) ROW permitting will not beneeded as it's aPublic Works permit for aPublic Works project. All other permits deemed necessary will need the consultant to take the lead and the City will assist. Approval is done by a different department that we don't have much of a say over. Even though it is not anticipated, if a WSDOT permit is needed, the consultant is expected to take the lead. 22-Could you please provide more context about the reference inthe RFPtOGconstruction moratorium during June 2O28and the first two weeks OfJuly 2O28.Also, does this include any field activities such GSpotholing and land surveying? Our schedule indicates that construction Ofthe lift station will occur in2O2T. Please advise. During to the FIFA World Cup, several jurisdictions surrounding Seattle have issued some form of construction restriction. The memorandum is intended to keep any construction and 3 construction -related activity our of the roadway and travel path. The potential site is unopened ROW out of the way, so surveying and feasibility done during that time period will likely U9Uk,but during that time period, each field activity will U9UnGcase-by-case scenario and will need approval from the project manager prior tUproceeding. 22.Will the feasibility only depend Onthe location within the same site/type Ofstation, OriSthe City open tOother locations? The City is open to other sites, especially if it reduces cost and complexity. The goal of eliminating the sewer line under 405 would still need to be accomplished, and coordination with the other design team regarding the SOuthC9nt9rBlvd project will still need tUoccur. 4 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director REQUEST FOR PROPOSALS Professional Engineering and Related Services Future Sewer Lift Station 13 Project No. 99740205 City of Tukwila, Washington 1 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director RFP Summary 1. Proposal due date and time: Thursday, February 26, 2026 at 5:00 PM Pacific 2. Submission method: Electronic copy only. One searchable PDF sent by email to Adib.Altallal@TukwilaWA.gov 3. Point of contact: Adib Altallal, Utilities Engineer 4. Optional pre -proposal Teams meeting: Wednesday, February 11, 2026 from 9:00 AM to 10:30 AM Pacific 5. Maximum proposal length: 25 pages maximum, not including resumes 6. Interviews: The City may conduct interviews if needed 7. Schedule objective: Advance to bid ready design and support procurement so construction can occur in 2027 or earlier 8. Scope note: This solicitation is for professional services through design and bid support only. Construction management and construction inspection services are not included. 2 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director 1. Introduction The City of Tukwila (City) is requesting proposals from qualified consulting firms to provide professional engineering and related services for the Future Sewer Lift Station 13 project (Project No. 99740205). The selected consultant will support the City through feasibility and alternatives development, design, permitting support, and bid support for a new sewer lift station and associated force main and appurtenances. This solicitation is for professional services through design and bid support only. Construction management and construction inspection services are not included. The City intends to select the most qualified firm and then negotiate a fair and reasonable price, consistent with Chapter 39.80 RCW. 2. Project Background and Planning Concept The City is planning a new sewer lift station and force main improvements in the Southcenter Blvd corridor area. The City's current planning concept includes locating a new sewer lift station on the north side of Southcenter Blvd between 66th Ave S and 65th Ave S, within or adjacent to unopened right of way. The associated force main will likely attempt to use the corridor of an existing water main intended to be replaced. The current planning concept alignment generally follows the Green River Trail corridor from Southcenter Blvd to Interurban Ave S. Utility improvements along Southcenter Blvd from Macadam Rd S to Interurban Ave S will be delivered at the same time but by a different consultant. Coordination during design and construction phase planning will be essential to the success of both projects. Additional coordination may be required with the City Street Department and King County Parks and their consultant due to planned work along this corridor, including Green River Trail extension and roadway changes. While this work is not the primary focus of this project, coordination is still essential. Maps and markups provided by the City are conceptual and were not prepared using survey or engineering grade methods. Potholing and additional engineering evaluation will be required to confirm feasibility and final design. Complex permitting challenges are not anticipated. 3 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director 3. City Preferences and Design Basis Items The City has the following preferences. They are provided to inform the consultant's approach after selection. Proposers are not expected to complete feasibility or alternatives analysis in the proposal. The selected consultant will evaluate these preferences during the feasibility and alternatives phase and incorporate them into the recommended alternative unless the analysis supports another approach. 1. SCADA and controls: Preference is compatibility with Rugid SCADA, consistent with other City lift stations. 2. Station configuration: Preference is a dry pit lift station similar to Lift Station 12, unless the alternatives analysis demonstrates another configuration provides greater value. 3. Backup power: Ageneratorwill be required. 4. Renewable feasibility: The project shall evaluate feasibility of solar or other renewable options and develop a net benefit cost matrix comparing options. The matrix should consider capital cost, lifecycle cost, operations and maintenance impacts, resiliency, and overall net benefit to the City. 4. Project Schedule Objectives and Constraints The City's objective is to advance the project to bid ready design and support procurement so construction can occur in 2027 or earlier. Proposers shall propose a realistic schedule that supports this objective and identifies key decision points required from the City. A construction moratorium is anticipated during June 2026 and the first two weeks of July 2026 due to major regional events. Proposers should describe how schedule risks will be managed to account for this constraint, as applicable. 4 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director 5. Optional Pre -Proposal Teams Meeting A Teams meeting is scheduled for Wednesday, February 11, 2026 from 9:00 AM to 10:30 AM Pacific. Attendance is optional. Meeting ID: 265 755 489 796 57 Passcode: GV2e7fr7 Dial in by phone: +1 253 292 9750„586566221# United States, Tacoma Phone conference ID: 586 566 221# Consultants may also email questions at any time to Adib.Altallal@TukwilaWA.gov and the City will respond as soon as practicable. 6. Procurement Schedule The City anticipates the following schedule and reserves the right to modify it by addendum. 1. RFP issued: Monday January 5, 2026 2. The City anticipates advertising this solicitation through MRSC Rosters and other standard City channels. Firms registered in MRSC Rosters under relevant categories may receive notification through that system. 3. Optional pre -proposal Teams meeting: Wednesday February 11, 2026, 9:00 AM to 10:30 AM Pacific 4. Deadline for written questions: Wednesday February 18, 2026, 5:00 PM Pacific 5. Responses to questions and any addenda issued: Monday February 23, 2026 6. Proposals due: February 26, 2026, 5:00 PM Pacific 7. Shortlist and interviews if used: Week of March 9th 8. Selection announcement: Week of March 9th or 16th 9. Contract negotiation and execution: March 2026 10. Notice to proceed: April 2026 5 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director 7. Submission Requirements Proposals must be received no later than Thursday, February 26, 2026 at 5:00 PM Pacific. Proposals shall be submitted as an electronic copy only. No hard copies will be accepted. Proposals shall be submitted as a single searchable PDF by email to Adib.Altallal@TukwilaWA.gov. The City is not responsible for delays due to email transmission issues, file size limitations, or other delivery problems. Proposers are encouraged to submit early. Email subject line: RFP Future Sewer Lift Station 13, Project No. 99740205, [Consultant Name] Proposal 8. Proposal Format and Maximum Length Proposals shall not exceed 25 pages in length, not including resumes. Pages up to 11 inch by 17 inch will be interpreted as one page. Resumes may be included as an appendix and are not included in the 25 page limit. 9. Scope of Services The City intends to negotiate final scope and level of effort with the highest ranked firm. Proposers should assume the services below are required and include them in the proposed approach. This solicitation is for professional services through design and bid support only. Construction management and construction inspection services are not included. 6 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director Task 1. Project management and coordination 1. Kickoff meeting and regular project status meetings 2. Schedule and action tracking 3. Coordination with City staff including Utilities, Streets, and other departments as needed 4. Coordination with stakeholders as needed including King County Parks 5. Coordination with the separate Southcenter Blvd utility improvements consultant, including conflict identification and sequencing coordination 6. Develop and implement a project outreach approach appropriate for this corridor, including coordination with the City, engagement with nearby residents, businesses, and park/trail users as appropriate, and availability for small group or on -site business presentations (during or after business hours) when requested. Outreach may be performed by the prime consultant or a qualified subconsultant Task 2. Records review and existing conditions evaluation 1. Review record drawings, GIS, and available background information 2. Identify data gaps, constraints, and needed investigations Task 3. Field investigation, locating, and potholing 1. Identify survey and investigation limits needed for feasibility and design 2. Consultant or subconsultant to perform potholing as needed 3. The City is unlikely to have capacity to assist in potholing Task 4. Feasibility and alternatives analysis 1. Develop and evaluate feasible alternatives for lift station location and force main alignment 2. Evaluate constructability, access, right of way needs, operations preferences, and coordination constraints 3. Prepare planning level cost estimates and schedule impacts for alternatives 4. Prepare a net benefit cost matrix for renewable energy options 5. Prepare an alternatives technical memorandum and present findings to the City 7 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director Task 5. Design 1. Advance the recommended alternative through preliminary and final design 2. Prepare plans, specifications, and estimate suitable for bidding 3. Coordinate electrical, controls, and SCADA integration consistent with City standards and Rugid SCADA preference 4. Integrate generator requirements into the design 5. Requests for accommodation related to the optional Teams meeting or for alternate formats of this RFP may be submitted to Adib.Altallal@TukwilaWA.gov. Task 6. Permitting support 1. Support identification and acquisition of typical permits and approvals 2. Coordinate with agencies as required Task 7. Bid support 1. Respond to bidder questions and assist with addenda as needed 2. Support bid evaluation and recommendation 10. Proposal Content Requirements Proposals should be clear, concise, and focused on qualifications and approach. Proposals should include the following: 1. Cover letter signed by an authorized representative 2. Firm overview and key subconsultants 3. Project understanding and key risks 4. Proposed approach and work plan 5. Alternatives analysis approach and how results will be presented to the City 6. Project team, roles, and relevant experience of key staff 7. Relevant project experience, including lift stations, force mains, dry pit configurations, and SCADA integration 8 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director 8. Proposed schedule including milestones and City decision points supporting construction in 2027 or earlier 9. Coordination approach with the Southcenter Blvd project team and corridor stakeholders 10. Assumptions and requested City support 11. References, minimum of three 12. Appendix: resumes of key staff and subconsultants, not included in the 25 page limit 11. Evaluation and Selection The City may award the contract based solely on written proposals. The City also reserves the right to conduct interviews with the highest ranked firms if needed. If the City conducts interviews, the City will notify shortlisted firms of the format, date, and time. If the City is unable to negotiate a contract with the highest ranked firm, the City may terminate negotiations and initiate negotiations with the next highest ranked firm. Evaluation criteria The City anticipates using the scoring matrix included as an attachment. The City reserves the right to refine criteria by addendum. 12. Budget Information For planning purposes, the City anticipates the professional services budget will be in the range of $300,000 to $700,000, depending on final scope, field investigation needs, and level of bid support negotiated with the selected firm. 9 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director 13. City Contract The City anticipates using its standard Professional Services Agreement for this project, included as an attachment. The City is evaluating potential updates to its contract language. For purposes of this solicitation, proposers shall assume no changes will be made and shall base their proposal accordingly. If a proposer believes an exception is necessary, it must be clearly identified and provided as a separate attachment. 14. Public Records Submittals to the City are subject to the Washington Public Records Act. Firms should clearly mark information they believe to be exempt from disclosure. Marking information does not guarantee confidentiality. 15. City Reservations The City reserves the right to: 1. Reject any or all proposals 2. Waive informalities and minor irregularities 3. Request clarifications and additional information 4. Conduct interviews or select without interviews 5. Negotiate scope and fee with the highest ranked firm and, if unsuccessful, end negotiations and move to the next ranked firm 6. Cancel or reissue this RFP 16. Accessibility and Non -Discrimination The City of Tukwila, in accordance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, commits to nondiscrimination on the basis of disability in all of its programs and activities. This material can be made available in an alternate format by emailing AdjII� I� u _[_IL iJ @Tu_.kw JLLa A. . 10 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director The City of Tukwila, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and its implementing regulations, hereby notifies all proposers that it will ensure that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any contract entered into pursuant to this solicitation. 17. Attachments 1. Attachment A: Evaluation criteria and scoring matrix 2. Attachment B: City Professional Services Agreement 3. Attachment C: Vicinity map and concept exhibits 11 Tlhomlas McLeod, Mayor Public Works Department -ten Tetatzin, PE, PMP - Director Attachment A Evaluation Criteria and Scoring Matrix 1. Project understanding and technical approach, including alternatives methodology and how findings will be presented to the City: 25 points 2. Relevant experience with lift stations, force mains, dry pit configurations, and SCADA integration: 25 points 3. Project team qualifications, availability, and capacity to deliver a schedule supporting construction in 2027 or earlier: 20 points 4. Project management and coordination plan, including coordination with the Southcenter Blvd project team and corridor stakeholders: 15 points 5. Community outreach & stakeholder engagement approach and experience: 10 points 6. Past performance and references: 5 points Total: 100 points Evaluation Criteria Points Understanding and approach 25 Relevant project experience 25 Team qualifications and capacity 20 Project management & coordination 15 Community outreach 10 References and past performance 5 Total 100 Optional interview scoring approach: 1. Written proposal score: 80% of total score 2. Interview score: 20% of total score Total: 100 points (weighted) 12 Attachment City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and , hereinafter referred to as "the Contractor," whose principal office is located at WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as IF fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed at a rate of 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing , 20_, and ending , 20_, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. 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 the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 4 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely forthe purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. CA Revised May 2020 Page 2 of 4 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordancewith RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Aareement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised May 2020 Page 3 of 4 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attornev's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: Address: CA Revised May 2020 Page 4 of 4 a) E 0 @ 0011 1 }\4 44,4,144444441)))4 +< SL9 ) \ ) N7 � } 1