HomeMy WebLinkAbout25-318 - Contract - City of SeaTac - Pedestrian Improvements: Military Road SouthCity of Tukwila
• 6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 25-318
Council Approval N/A
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 City of SeaTac, a non -charter optional
municipal code city, hereinafter referred to as "the Contractor," whose principal
office is located at 4800 S_ 1881h Street, SeaTac, WA, 98188.
WHEREAS, the City has determined the need to have certain services performed for its citizens
within the right-of-way of the Contractor; 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:
,�Qne 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. Com ensation 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 $50,000.
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
December 15, 2025, and ending February 27, 2026, 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
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,2411 5,
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 for the purposes of this indemnification. This waiver has been mutuallly
negotiated by the parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. 11321jEal3gg. 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 $1,000,0010 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and Illeased vehicles. Coverage shall Ibe 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.
Z Commercial General Liability insurance with limits no less than $2,,000,000 each occurrence,
$2,0100,000 general aggregate, and $2,000,000 products -completed operations aggregate
limiit. 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 Contractors 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 providlingi 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.
Q. 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
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarHy 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 shatl 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 Illimits 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 IISC 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.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
progiraimmatic records which sufficiently and properly reflect aII 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, accordance with RCW Chapter
40,14 and by the City.
9. Auldita mod loauction . 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. Tgrmil3gtion. 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 terminatiioni. If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. QiI.QriMinalioD ftQhibitea. 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. As-signm2rit anda,Ubconlract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Eatire Agrom2pLA2difiah2n. 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
14. leygrabilaX anLixdl. 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 allll 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.
16. Noticp,§. Notices to the City, of Tukwila shall be sent to the following address:
XTIT M. a =to R*7Tj'jV-*1r:- i
111TIV7117, 00
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lotices to the Contractor shall be sent to the address provided by the Contractor upon
signature line below.
16. Appliggbile Law-: A.
I Venug Ugmey'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 5th day of Janua -y -,, 20 26 .
MYOUSTNOWITW-1
Signed-by:
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Thomas
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Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
Andy Youn-Barnett, City Clerk
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E Signed by -
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Office of the City Attorney
CA Revised May 2020
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Exhibit "A"
The City of Tukwila is currently funding the installation of a tiny home village at 14820 Military Road S (King
County Parcel No. 0041000080), which property is owned by Church by the Side of the Road ("CBSR").
The tiny home village borders on Military Road S, which is within the right-of-way controlled by the City of
SeaTac, ("Contractor"). As part of the tiny home village project, both the City of Tukwila and City of SeaTac
desire to improve the pedestrian environment along Military Road S in the vicinity of the project.
Contractor shall complete the following activities along Military Road S between S. 148th Street and S. 1 V
Street:
1, P:edlestrian marking and improvements, such as candlestick cones or other devices.
2. Marking no parking, as determined by the Contractor.
I Other improvements to improve pedestrian safety along the roadway.
4. Contractor is responsible for installation of the pedestrian improvements.
5. Contractor is responsible for maintenance and replacement of the pedestrian improvements
after initial installation.
CA Revised May 2020
RERMEM
The City shall pay for the actual costs for the pedestrian improvements purchased as outlined in Exhibit
"A". The City's total compensation for this contract shall not exceed $50,000, Contractor shall submit
invoice(s) with backup cost documentation to the City. City shall pay invoice(s) within 30 days of receipt.
CA Revised May 2.020