request for proposals 21-134-afd -001 - draft

REQUEST FOR PROPOSALS

FOR

Fire Station Planning and Design Services

# 21-134-AFD -001

Proposal Due Date/Time:

October 26, 2021 at 3:00pm (local time)

FOR INFORMATION, CONTACT: Tiffany Matson, Contract Specialist

City of Anacortes [email protected]

904 6th Street PO Box 547

Anacortes, WA 98221

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CITY OF ANACORTES

REQUEST FOR PROPOSALS For Fire Station Planning and Design Services

#21‐134‐AFD‐001

Deadline: 3:00pm, October 26, 2021

I. SUMMARY Pursuant to, and in compliance with, RCW 39.80, the City of Anacortes is currently seeking proposals from qualified A&E firms or individuals to provide fire station planning and design services that fulfill the current and future needs of the City. It is anticipated that these needs shall consist of evaluation of City property, construction of a new Fire Station 3, and provisions for moving the current training facility to the new location.

II. SUBMITTAL INFORMATIONProposals may be delivered in any of the following ways:

Email to: Tiffany Matson, Contract Specialist [email protected]

Deliver proposals to: City of Anacortes City Hall Attn: Tiffany Matson 904 6th Street Anacortes, Washington 98221

Mail to: City of Anacortes Attn: Tiffany Matson PO Box 547 Anacortes, Washington 98221

All emailed proposals should have “RFP Fire Station Planning and Design Services #21‐134‐AFD‐001” in the subject line and shall be in PDF format with all other RFP constraints remaining in place (e.g., page limit, required sections, etc.). All hardcopy proposals should be in a sealed envelope and plainly marked on the outside, “RFP Fire Station Planning and Design Services #21‐134‐AFD‐001”. The deadline for receipt of proposals is 3:00pm local time on October 26, 2021. Submittals received after the deadline will not be considered. City offices are not open for special mail or other delivery on weekends and City holidays. The City shall assume no responsibility for delay in U.S. mail service or for proposals delivered to City offices other than the specified City Office.

If Anacortes City Hall is closed to the public due to COVID‐19, Proposers wishing to drop off proposals in person shall call the City Clerk’s office at (360)293‐1900 ‐ Dial 0 for Operator when at City Hall to be met at the door or receive other instructions for dropping off bids.

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III. TIME SCHEDULE Approximate timeline:

Issue RFP September 20, 2021 Mandatory Pre‐Qualification Mtg September 28, 2021, 10:00am PST through Zoom Deadline for Submittal of Proposals October 26, 2021, 3:00pm PST Preliminary Selection of Firm October 29, 2021 City Council Contract Review November 8, 2021

IV. CONTACT INFORMATION:

Questions regarding this RFP must be directed in writing, via email, to the Contact Individual indicated on

the cover. The deadline for submitting such questions is seven (7) calendar days prior to the due date for

proposals. An addendum will be issued on the City’s website no later than 72 hours prior to the proposal

due date, if a substantive clarification is required. Any oral communications will be considered unofficial

and non‐binding on the City. Proposers should rely only on written statements issued by the City’s

representative. Responses to verbal requests for information or clarification will be considered unofficial

until received in writing.

V. EQUAL OPPORTUNITY The City of Anacortes is committed to providing equal opportunities to State of Washington certified Minority, Disadvantaged and Women's Business Enterprises in contracting activities.

No person shall, on the grounds of race, color, religion, sex, handicap, national origin, age, citizenship, marital status, political affiliation or belief, be denied employment or benefits, or be discriminated against as a consumer, administrator or staff person under any program or activity receiving funds under this RFP.

Proposer must agree to provide equal opportunity in the administration of the contract and its subcontracts or other agreements. VI. BACKGROUND The Anacortes Fire Department (AFD) is responsible for fire prevention and investigation, fire suppression, emergency medical services, as well as Emergency Management for the City. Our firefighters respond to over 4,000 emergency and non‐emergency calls annually. The fire department is an integral part of the community development planning process. Fire, EMS and rescue services are dispatched from three stations with the oldest one built in 1991 and the newest residing in a leased facility built in 2002. Department personnel respond from three stations strategically located around the geographical center of the city. Our staffing consists of 8 personnel daily; however, we are often at minimum staffing of only six personnel. In addition to the engine companies, which are housed at each station, we operate a ladder truck out of Station 1. Also in our stations are an ambulance, brush unit, and rescue unit that is staffed when off duty personnel are recalled. The Department also houses a reserve engine and reserve ambulance. The department provides both Advanced and Basic life support, with the goal of consistent ALS response and ambulance transportation capabilities. The department functions under a typical paramilitary rank structure common to most fire departments in the country. Each shift is overseen by a Duty Chief who responds to fires and multi‐engine non‐fire events. The Duty Chief may be delayed for up to one hour. Each fire station is supervised by a Station Lieutenant, who is responsible for the function of their shift assigned to that station. Each piece of equipment has an assigned officer and operator. All the Fire Department administrative matters such as burn permits, tours, payroll and accounting are handled by the department secretary.

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The City of Anacortes is in the Northwest corner of Washington State. The primary fire response area covers 16 square miles with a population of approximately 18,000 within the City limits and primary Advanced Life Support transport to all of West Skagit County with a population of 30,000. It is a mixed‐use area containing both commercial and residential. Anacortes is home to two major oil refineries, two chemical manufacture sites, a large cold storage processing plant, and a commercial ship builder. The waterfront of Anacortes hosts six marina facilities housing thousands of commercial and private watercraft. In addition to fire protection and suppression, AFD provides emergency medical service, technical rescue, hazardous materials response, fire prevention and public education. In addition to increased call volume over the past few years, AFD has entered into automatic aid and mutual aid agreements with many of the Skagit County Fire Districts. This has affected the response areas and types of calls that the department may respond to. VII. SCOPE OF SERVICES The City of Anacortes seeks a professional design consultant to assist with Phase I of the project, which is anticipated to include review of the existing conditions of Fire Stations 1 and 2, design a new Fire Station 3 on property currently owned by the City, identify current and future space and operational needs, prepare conceptual design options, forecast construction and total project costs (project costs will be used to determine the amount needed for a potential bond measure) for the preferred options, and develop a list that prioritizes the schedule of each project based on City needs. In addition, the design consultant will assist in gathering stakeholder input as it relates to the needs assessment. Phase II of the project will consist of the further development of design and construction documents, permitting and bid assistance, and construction contract administration services. Upon completion of Phase I of the project, the City reserves the right to enter into contract with the same firm for Phase II services, or to solicit for Phase II. Consultant will provide the City with a full range of professional planning and design services including: A. Phase I: Facility Planning

1. Existing Facility Evaluation a) Work with City stakeholders to develop condition assessment of existing facilities. b) Review the existing building envelope and weather / thermal performance. c) Review existing mechanical/electrical/plumbing systems. d) Evaluate facilities based on current International Building Code, with Washington

Amendments, NFPA, AMC and WAC requirements.

2. Program Development a) Assess current programs/services provided and projected operations and facility needs. b) Work with City stakeholders to develop a program for each project. c) Provide information substantiating program requirements. d) Evaluate subject site(s) for possible development of a new fire station. Up to three sites may

be evaluated. Factors to be considered should include (but not limited to) the following: 1. Traffic impacts for station response time as well as the traffic impact to the

surrounding neighborhood. 2. Cost 3. Zoning 4. Environmental considerations 5. Potential for site contamination 6. Size and shape of the parcel(s) 7. Necessary off‐site improvements

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3. Concept Design a) Develop conceptual design options for the station with stakeholder involvement. b) General description of the strengths and weaknesses of the developed concepts. c) Engage public and present conceptual designs through public outreach efforts. d) Refine preferred concept scheme. e) Refined concept design shall include the following:

1. Site plan 2. Floor plan 3. Exterior character of building(s)

4. Cost Estimating a) Prepare detailed construction cost estimate based on preferred concept design scheme for

each project. b) Provide detailed total cost projection, including construction costs, consultant costs,

jurisdictional fees, FF&E, contingencies, and other owner costs. c) Provide information substantiating costs. d) Determination of findings. e) Present findings from facility evaluation and development of the concept designs. f) Identify recommended priority of improvements based on the project findings and City needs.

B. Phase II: Design & Construction ‐ This future phase will involve all remaining architectural and

engineering services related to the final design of the concept alternative selected by the City through completion of construction including design, construction documentation, and assist with preparation of bid documents.

1. Schematic Design a) Re‐confirm program and concept design b) Prepare Schematic Design Documents c) Probable cost development and value engineering to maintain project budget

2. Design Development a) Prepare Design Development Documents b) Prepare cost documents (Probable cost development and value engineering to maintain

project budget)

3. Construction Documents a) Prepare Construction Documents b) Probable cost development and value engineering to maintain project budget

4. Bidding and Permitting a) Facilitate Pre‐bid meeting b) Expedite permit and required approvals

5. Project Construction a) Facilitate regular field observations b) Administer standard construction documentation c) Prepare responses to RFIs and Change Order Requests, etc. for the City’s approval d) Review progress payments and pay requests for accuracy e) Prepare close‐out documentation

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VIII. SUBMITTAL FORMAT Please submit one electronic PDF, or (1) original hardcopy and four (4) copies, of the response for services in an 8‐1/2" x 11" format. Proposal shall be no more than 20 double sides (40 single sided) pages (excluding personnel resumes). A minimum of an 11‐point font is to be used. A page is defined as a single side of a sheet. Each printed side of a sheet is a page. A page is further defined as 8.5 x 11 for text and 8.5 x 11 or 11 x 17 for supplemental drawings, pictures, and diagrams. Cover, section dividers, title page, table of contents, and appendices do not contribute to the overall page count. The City encourages the use of readily recyclable materials where possible. Proposers are encouraged to print/copy on both sides of a single sheet of paper wherever applicable; if sheets are printed on both sides, it is considered to be two pages. The General Information form, provided as Exhibit A, is designed to serve as the cover sheet. Do not attach cover letters, title pages, or blank sheets ahead of this form, nor substitute letterhead paper for it. If additional space is needed, plain paper may be attached behind this form. This form must be signed by a person authorized to make responses and enter into contract negotiations on behalf of your agency. This individual must be at least 18 years of age. Failure to submit this form may result in your proposal being deemed non‐responsive. IX. SUBMITTAL REQUIREMENTS These instructions were developed to aid in response development. They also provide for a structured format so reviewers can systematically evaluate responses. Each copy of the response package must include all of the sections in the order indicated. Attachments should be clearly referenced and identified to facilitate the review process.

All responses submitted shall include the following information:

1. Mandatory Requirements (Pass/Fail). These requirements will not be scored, but failure to meet any of these qualifications will render your proposal non‐responsive.

a) Introductory Letter. This letter shall specifically stipulate that the Consultant accepts all terms

and conditions contained within the RFP and supporting documents. The letter shall name the person(s) authorized to represent the Consultant in any negotiations and the name of the person(s) authorized to sign any contract that may result.

b) Conflict of Interest. All proposals submitted must contain a statement disclosing or denying any interest, financial or otherwise, that any employee or official of the City may have in the proposing firm or proposed project. A statement to this effect in the introductory letter is sufficient in addressing this requirement.

c) Proof of Licensure. Consultant shall submit proof that they have a current, active license to practice architecture in the State of Washington.

d) Mandatory Pre‐Qualification Meeting. Only those firms with a representative attending the Mandatory Pre‐Qualification Meeting may respond to the RFP. The Mandatory Pre‐Qualification Meeting shall be held on September 28, 2021 at 10:00am PST on Zoom:

Join Zoom Meeting: https://us02web.zoom.us/j/84009444731

Meeting ID: 840 0944 4731 One tap mobile +12532158782,,84009444731# US (Tacoma) +16699006833,,84009444731# US (San Jose)

Dial by your location +1 253 215 8782 US (Tacoma)

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+1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 312 626 6799 US (Chicago) +1 929 436 2866 US (New York) +1 301 715 8592 US (Washington DC) Find your local number: https://us02web.zoom.us/u/kcX0ciAV4b

2. Qualifications: Information under this section should include, but not be limited to:

a) Company description: Include number of years in business, size, specialties, etc. b) Resources available to perform the services. c) Provide a list of best practices your company utilizes when making recommendations. d) Describe the firm's resources available to perform the work for the duration of the project

and other on‐going projects. e) Sub‐Consultants: Include the name and address of any sub‐consultant that may perform

work under this contract and what services they may provide. f) Experience: Information under this section is preferred, however consideration will be given

to any combination of experience that would reflect meeting the qualifications.

3. Previous experience: Provide information for fire station planning services for both new facilities and station remodels within the last five years that best characterize your firm's capabilities to accurately describe the programmatic requirements and costs of the project. Include contact information for at least three (3) of the projects listed.

a) Previous experience: Recent multi‐projects delivery experience "within the last five years, that best characterize your firm's capabilities and work quality on multiple, concurrent, projects for the same agency.

b) Staff experience: Provide the name, title, brief description of duties, and years of experience and availability for the staff that will be assigned to this contract.

c) Sub‐Consultants (if applicable): Include information about their experience and the name, title and brief description of duties and years of experience for each staff member that will be assigned this project.

d) Resumes of principal and staff proposed to work on the project.

4. Project Approach and Understanding: Information under this section should include, but not be limited to, your understanding of the City's requirements, a proposed project schedule and your firm's approach:

a) Provide a clear and concise understanding of the project by describing and clarifying any major issues based upon project information provided in this RFP.

b) Provide a detailed description of the firm's approach to overall management, allocation of resources, best practices and integration of all activities required by the scope of work.

c) Provide statement regarding lines of authority and responsibility, and a statement regarding how your firm is prepared to respond promptly to problems and any changes to the scope of work.

d) Provide a detailed description of the proposed services offered and the methodology that will be used to accomplish the tasks identified in the scope of work section. This work plan will detail team assignments and narratives of work approach and work force, schedule of activities with time allocations.

e) Outline firm's approach to ensuring work is completed in accordance with budget and schedule.

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f) Address quality assurance and quality control measures undertaken to improve accuracy and completeness of project documents.

5. References:

a) Provide at least three (3) references for similar work performed for Phase I and Phase II with other fire departments, Cities or agencies within the past five (5) years. Include department name, location, contact person and contact information (phone and email). Briefly describe the work performed.

X. EVALUATION AND SELECTION PROCESS The City's choice of the Consultant will be made by evaluating the written qualification statements. Each response received in response to this RFQ will be evaluated based on:

• Mandatory Requirements (pass/fail) • Qualifications (maximum of 30 points) • Experience (maximum of 35 points) • Project Approach and Understanding (maximum of 35 points) The City does not anticipate the need, but does reserve the right, to conduct interviews of a short list of respondents. Should the City decide to conduct interviews, the interview sessions will be evaluated in a manner similar to the evaluation of written qualifications. Topics covered in the interview session shall include the topics listed herein before under the "Submittal Requirements" section plus any additional, relevant topics which may arise during both the formal presentation and the question and answer portions of the interview. If interviews are conducted and if your firm is selected for interview, you will obtain more information on the interview process. XI. TERMS AND CONDITIONS

1. It is the responsibility of all respondents to examine the entire Request for Proposal package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after due date and time.

2. Any proposal may be withdrawn up until the date and time set above for opening of the proposals. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City, the services described in the attached specifications, or until one or more of the proposals have been approved by the City administration, whichever occurs first.

3. The City reserves the right to reject any and all proposals, to waive minor irregularities in any proposal and to change the selection process or timeline.

4. The City reserves the right to request clarification of information submitted, and to request additional information from any proposer.

5. The contract resulting from acceptance of a proposal by the City shall be in a form supplied by the City, as provided in Exhibit B, and shall reflect the specifications in this RFP. The City reserves the right to reject any proposed agreement that does not conform to the specification contained in this RFP, and which is not approved by the City Attorney’s Office.

6. The City shall not be responsible for any costs incurred by an interested party in preparing, submitting or presenting its response to the RFP.

7. All proposals and products submitted become the property of the City. It is understood and agreed that the prospective Proposer claims no proprietary rights to the ideas and written materials contained in or attached to the proposal submitted.

8. All submitted documents are public and subject to disclosure.

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9. The City is not responsible for any equipment or software failure that may cause delay or non‐delivery of an electronic submittal. The official submission time of an electronic proposal will be as marked by Outlook in the City staff’s email inbox.

10. At the appointed proposal closing date and time, the City’s Contract Specialist will download the applicable contents of the reserved email mailbox and/or open all sealed envelopes and make them public accordingly.

11. The City is not responsible for electronic proposals containing viruses that cannot be eradicated, or that are corrupted as a result.

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EXHIBIT A

General Information Form

RFP FIRE STATION PLANNING AND DESIGN SERVICES

This form must be signed by a person authorized to make responses and enter into contract

negotiations on behalf of your agency. To be considered for this project, the submittals must be

completed in accordance with this RFP and this cover sheet must be attached.

Failure to submit this form may result in your response being deemed non‐responsive.

Authorized Official (Signature) Date

Print Name of Authorized Official Title of Authorized Official

Company Name Contact Person

Address City, State, Zip Phone Number

E‐Mail Address

Federal Tax ID #

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EXHIBIT B

AGREEMENT 21-134-AFD -001 Between

THE CITY OF ANACORTES AND

CONSULTANT

FIRE STATION PLANNING AND DESIGN SERVICES

This Agreement, hereinafter referred to as “Agreement”, made and entered into between the City of Anacortes, hereinafter referred to as the "City", and CONSULTANT, hereinafter referred to as the "Consultant". WHEREAS, the City requires the professional services of the Consultant; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of Work. Under this Agreement, the Consultant shall perform the duties required for Emergency Management Services as detailed in the City of Anacortes document entitled “REQUEST FOR PROPOSALS For Fire Station Planning and Design Services #21-134-AFD -001” issued September 20, 2021, and which is hereby incorporated by reference and made a part hereof. 2. COVID-19 Safety Requirements Compliance. The Consultant, and its sub-Consultants of any tier, agree to comply with all current and future COVID-19 proclamations, regulations, requirements and/or related guidance issued by the Office of the Governor of Washington State as it may relate to City of Anacortes projects. 3. Price and Payment Terms. The services provided under this Agreement shall be (TBD). Payments shall be made in accordance with the Consultant’s Fee Schedule as submitted with their proposal, which is incorporated by reference and attached hereto as Exhibit A. 4. Period of Performance. The period of performance under this Agreement is from inception through (TBD). 5. Subcontracts. The Consultant shall give notice in advance of placing any subcontract and will identify subcontracts before subcontracted work begins. “Subcontract” means any contract entered into by a sub Consultant to furnish supplies or services for performance of the prime Consultant or a sub Consultant. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. The following information shall be included (i) a description of the supplies or services to be subcontracted, (ii) identification of the type of subcontract to be used (iii) identification of the proposed sub Consultant, (iv) proposed subcontract price. Unless consent or approval specifically provides otherwise, consent by the City shall not constitute a determination –

(1) of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this Agreement,; or (3) To relieve the Consultant of any responsibility for performing this Agreement.

The Consultant shall give immediate written notice, reference Clause Notices, of any action or suit filed and prompt notice of any claim made against the Consultant by any sub Consultant or vendor that, in the opinion of the Consultant, may result in litigation related in any way to this Agreement, with respect to which the Consultant may be entitled to reimbursement from the City. 6. Taxes. The City will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Consultant must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Consultant's gross or net income, or personal property to which the City does not hold title. The City is exempt from Federal Excise Tax. Where applicable the City shall furnish a Federal Excise Tax Exemption certificate. 7. Invoicing. All invoices shall include a cover page that states: Company Name, Invoice Date, Due Date (30 days), Invoice Number, Invoice Period, Project Manager Name, Agreement Number, Agreement Price, amount requested per invoice and cumulative invoiced amount. Invoices shall include actual hours worked by Period, by Labor Category. The Consultant must invoice monthly for quantities delivered during the invoice period, and

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no more frequently than monthly, and allow 30 calendar days from receipt of the invoice for payment. Invoices may be sent by US mail to City of Anacortes, Accounts Payable, PO Box 547, Anacortes, WA 98221, or by email to [email protected]

The City shall notify the Consultant within fifteen (15) calendar days from receipt of invoice if there are any objections or disputes with the invoice. The Consultant shall then resubmit a new invoice less the disputed amount and payment shall be made within 30 calendar days. Any disputed amounts may be submitted under the Disputes clause contained herein. 8. Withholding Payment. In the event the City determines that the Consultant has failed to perform any obligation under this Contract within the times set forth in this Contract, then the City may withhold from amounts otherwise due and payable to Consultant the amount determined by the City as necessary to cure the default, until the Contracting Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Consultant to terminate or damages, provided that the City promptly gives notice in writing to the Consultant of the nature of the default or failure to perform, and in no case more than 8 days after it determines to withhold amounts otherwise due. A determination of the City Attorney set forth in such notice to the Consultant of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Consultant acts within the times and in strict accord with the provisions of the Disputes clause of this Contract. The City may act in accordance with any determination of the City Attorney which has become conclusive under this clause, without prejudice to any other remedy under the Contract, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Consultant, (3) to set off any amount so paid or incurred from amounts due to become due the Consultant. In the event the Consultant obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Consultant by reason of good faith withholding by the City under this clause. 9. Final Payment: Waiver Of Claim The Consultant’s acceptance of final payment shall constitute a waiver of claims, except those previously and properly made and identified by the Consultant as unsettled at the time request for final payment is made. 10. Ownership and Use of Documents. All finished and unfinished documents and material prepared by the Consultant with funds paid by the City pursuant to the terms of this Agreement shall become the property of the City and shall be forwarded to the City upon its request. Documents and materials shall include but not be limited to plans, specifications, reports, electronic and non-electronic data, and other design documents prepared by the Consultant. Pursuant to RCW 42.56.70, all information and documents produced under this Agreement may be subject to public disclosure.

11. Assistance Regarding Patent and Copyright Infringement. In the event of any claim or suit against City on account of any alleged patent or copyright infringement arising out of the performance of this Contract or out of the use of any material furnished or work or services performed hereunder, Consultant shall defend City against any such suit or claim and hold City harmless from any and all expenses, court costs, and attorney’s fees in connection with such claim or suit. 12. Defense and Indemnity Agreement. Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the 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. 13. General and Professional Liability Insurance. A. Insurance Term: The Consultant 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 Consultant, its agents, representatives, or employees.

B. No Limitation: Consultant’s maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.

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C. Minimum Scope of Insurance: Consultant shall obtain insurance of the types and coverages described below:

1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be as least as broad as Insurance Services Office (ISO) form CA 00 01.

2. Commercial General Liability insurance shall be at least as broad as ISO occurrences form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent consultants and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26.

3. Worker’s Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

4. Professional Liability insurance appropriate to the Consultant’s profession. D. Minimum Amounts of Insurance: Consultant shall maintain the following insurance limits:

1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.

2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence

and $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000

policy aggregate limit. E. Other Insurance Provision: The Consultant’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. F. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage: Consultant 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 Consultant before commencement of the work. H. Notice of Cancellation: The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. I. Failure to Maintain Insurance: Failure on the part of the Consultant 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 Consultant 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 sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. J. City Full Availability of Consultant Limits: If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 14. Registered or Licensed. The City is prohibited from executing an Agreement with a Consultant who is not registered or licensed as required by the laws of the state. In addition, a City of Anacortes business license is required for any business working inside the city limits whose annual value of products, gross proceeds of sales, or gross income of the business in the city is more than $2,000. Business licenses can be obtained through the State of Washington Department of Revenue (DOR) Business Licensing Service (BLS) at bls.dor.wa.gov. 15. Inspection. The Project Manager shall have power to reject instruments of services which fail to comply with the requirements of this Agreement, but in case of dispute the Consultant may appeal to the City Attorney, whose decision shall be final. The Consultant shall comply with any and all orders and instructions given by the representative of the particular Department administering the Agreement in accordance with the terms of the

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Agreement. Nothing herein contained shall be taken to relieve the Consultant of his/her obligations or responsibilities under the Agreement. However, the Consultant shall be responsible for its own methods and conduct during the period of performance.

16. Standard of Care. The Consultant represents that Consultant has the necessary knowledge, skill, and experience to perform the Services required by this Agreement. Consultant and any persons employed by Consultant shall use their professional skill and efforts to perform the Work in a professional manner consistent with sound engineering practices, in accordance with the usually and customary professional care required for services of the type described in the Scope of Work herein provided at the same time and in the same locale. The City’s remedy for a failure to meet the above Standard of Care shall be the re-performance of the Service or an equitable adjustment in the monies paid for the Professional Services, at the City’s discretion 17. Discrimination Prohibited. During the performance of this Agreement, the Consultant and subConsultants shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, gender identity, or any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. Consultant agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 18. Consultant is an Independent Consultant. The parties intend that an independent Consultant relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and sub Consultants during the performance of this Agreement.

19. Acceptance. Consultant acknowledges and agrees that these General Provisions are incorporated in, and are a part of, each purchase order or other agreement relating to the provision of goods and/or related services by Consultant. These General Provisions supersede all conflicting or additional terms pre-printed on any purchase order, quote, or otherwise set forth on any release, acknowledgement, confirmation, requisition, work order, shipping instruction, specification and similar document or communication.

20. No Third Party Beneficiary Rights. This Agreement is not intended to and shall not be construed to give any Third Party any interest or rights (including, without limitation, any Third Party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby, except as otherwise expressly provided for in this Agreement. 21. Right to Terminate Agreement. A. Termination for Default: If the Consultant defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the City may, by depositing written notice to the Consultant in the U.S. mail, postage prepaid, terminate the Agreement, and at the City’s option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Consultant was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof.

A. Termination for Public Convenience: The City may terminate the Agreement in whole or in part whenever the City determines, in its sole discretion that such termination is in the best interests of the City. Whenever the Agreement is terminated in accordance with this paragraph, the Consultant shall be entitled to payment for actual work performed at unit Agreement prices for completed items of work. An equitable adjustment in the Agreement price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the City at any time during the term, whether for default or convenience, shall not constitute a breach of Agreement by the City.

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22. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services unless or until a modification to this Agreement is approved in writing by both parties. 23. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 24. Non-assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 25. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 26. Disputes A. General: Differences between the Consultant and the City, arising under and by virtue of this Agreement shall be brought to the attention of the City at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The provisions of this Clause shall survive the expiration or termination of this Agreement.

B. Notice of Potential Claims: The Consultant shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Contracting Agent or the City, or (2) the happening of any event or occurrence, unless the Consultant has given the City a written Notice of Potential Claim within 10 days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the City. The written Notice of Potential Claim shall set forth the reasons for which the Consultant believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Consultant shall keep full and complete daily records of the Work performed, labor and all costs and additional time claimed to be additional.

C. Detailed Claim: The Consultant shall not be entitled to claim any such additional compensation, or extension of time, unless within 30 days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the City, the Consultant has given the City a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due.

D. Dispute Resolution: In the event of a dispute between the City and the Consultant arising of this Agreement, or any obligation hereunder the dispute shall first be referred to the representatives designated by the City and the Consultant to have oversight over the administration of this Agreement. Said representatives shall meet within thirty (30) calendar days of receipt of detailed claim, and the parties shall make a good faith effort to achieve a resolution of the dispute. In the event the parties are unable to resolve the dispute under the procedure set forth above, then the parties hereby agree that the matter shall be referred to mediation. The parties shall mutually agree upon a mediator to assist them in resolving their differences. Any expenses incidental to mediation shall be borne equally by the parties. If either party is dissatisfied with the outcome of the mediation, that party may then pursue any available judicial remedies. 27. Force Majeure. Neither party shall be liable to the other or deemed in breach or default for any failure or delay in performance under this Agreement during the time and to the extent its performance is prevented by reasons of Force Majeure. For the purposes of this Agreement, Force Majeure means an occurrence that is beyond the reasonable control of and without fault or negligence of the party claiming force majeure and which, by exercise of due diligence of such party, could not have been prevented or overcome. Force Majeure shall include natural disasters, including fire, flood, earthquake, windstorm, avalanche, mudslide, and other similar events; acts of war or civil unrest when an emergency has been declared by appropriate governmental officials; acts of civil or military authority; freight embargoes; epidemics; quarantine restrictions; labor strikes; boycotts;

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terrorist acts; riots; insurrections; explosions; and nuclear accidents. A party claiming suspension or termination of its obligations due to force majeure shall give the other party prompt written notice, but no more than two (2) working days after the event, of the impediment and its effect on the ability to perform; failure to provide such notice shall preclude recovery under this provision. Such delay shall cease as soon as practicable and written notification of same shall be provided. The time of completion shall be extended by Agreement modification for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this Agreement. Rights Reserved: The City reserves the right to cancel the Agreement and/or purchase materials, equipment or services from the best available source during the time of force majeure, and Consultant shall have no recourse against the City 28. Compliance with Laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B&O) taxes, which may be due on account of this Agreement. 29. Severability. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 30. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Washington. Any action brought under the Agreement or relating to the Project shall be brought in the Superior Court of the State of Washington in Skagit County Washington. 31. Survival of Agreement Termination. The articles relating to Defense and Indemnity, Taxes, Ownership and Use of Documents, Assistance Regarding Patent and Copyright Infringement, The City’s Right to Terminate Agreement, Governing Law, and Disputes, shall survive completion of the services, payment in full of the compensation and termination of this Agreement. 32. Notices. Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mail, with proper postage and properly addressed. Notices shall be sent to the following addresses:

CITY: CONSULTANT:

City of Anacortes Tiffany Matson 904 6th Street

PO Box 547 Anacortes, WA 98221 The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to each bind itself, its partners, successors, assigns, and legal representatives to the other party hereto, in respect of all covenants, agreements, and obligations contained in the Contract Documents. Each of the persons signing below on behalf of any party hereby represents and warrants that s/he or it is signing with full and complete authority to bind the party on whose behalf of whom s/he or it is signing, to each and every term of this Agreement. CITY OF ANACORTES CONSULTANT By By Laurie Gere, Mayor

Date ___________________________ Title Date