HomeMy WebLinkAbout21-139 - Patriot Fire Protection, Inc - Records Center Sprinkler System ProjectCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 21-139
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Patriot Fire Protection, Inc., hereinafter referred to as "the Consultant",
in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Proiect Designation. The Consultant is retained by the City to perform teardown, transport
and shelving installation services in connection with the project titled Records Center
Relocation.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending February 28, 2022, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence 2 weeks after execution of this contract with project completion occurring
within 4 weeks of the approved permit. The Consultant shall perform all services and provide
all work product required pursuant to this Agreement no later than February 28, 2022, unless
an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"A" attached hereto, provided that the total amount of paymento the Consultant shall
not exceed $13,585.00r (plus Washington State Sales Tax) without express written
modification of the Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All docunnenta, dravvnga, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain oopiee, including reproducible
cVpies, of drawings and specifications for inforrnoUon, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
doournente, dnavvingo, specifications or other materials by the City on any project other than
the prject specified in this Agreement.
O. Compliance with Laws. The Consultant oha||, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall da0end, indemnify and hold the City, its of5oaro,
offioia|a, employees and volunteers harmless from any and all o|airna, 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 Aoreennen[, 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 Iiability for damages arising out of bodily injury to pSnRons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its oMioero, ufficiaia, ernp|oyeea, and volunteers, the Consultant's liability
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.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreennent,
insurance against claims for injuries to peroono 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. Consultant's maintenance of insurance as required by the
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
iaw or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the Iimits described beiow:
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 ovvned, non-ovvned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 oro
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 noless than $2,000,000 each
occurrence, $2.000.00Ogeneral aggregate. Commercial General Liability
insurance shali be at ieast as broad as iSa occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal ijury and advertising ijury. The City shail 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 ieast as broad as iSO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
CA revised May 2020
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance Iimits 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 Consultant's Automobile Liability and Commercial
General Liability insurance policies are to ountain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any |naurence, se|f-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined 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:VU.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endoraennents, including but not necessarily limited to the
additional insured endoroennent, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
F. 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.
G. 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 bneoch,
immediately terminate the contract or, at its disnretion, 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 dennond, or at the sole discretion of the {}ib/, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant 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 for contributing to the state
industrial insurance progronn, otherwise assuming the duties of an employer with respect to
the Conou|tant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or peroon, other than a bonafide employee working solely for the
Cunou|tant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or peroon, other than a bonafide employee working solely for the Conou]tant, any
fee, ounnrnieaion, peroentage, brokerage fee, gifte, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without |iabi|ity, or in its discretion
to deduct from the contract price or consideration, or otherwise reouver, the full amount of
such fee, conlnniooion, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
11. Discrimination Prohibited. Contractor, with regard to the work performedbvbunder this
Aoreennert, will not discriminate on the grounds of race, ne|igion, creed, co|or, national ohgin,
age, veteran mtatue, sex, sexual orientetion, gender idendh/, marital statuo, political effi|iaUon,
the presence of any d|smbi|ih/, or any other protected class status under state or federal |avv,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. 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.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
11 In the event of the death of a nnennber, partner or officer of the Coneu|tent, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply vvith, all applicable federm|, state and local |avve,
regu|odona, and ru|eo, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitradon, or other proceeding is
instituted to enforce any term of this Agneernent, the parties specifically understand and
agree that venue shall be properly laid in King Countv, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any ternn, condition or provision of this Agreement is declared
void or unenforceable or Iimited 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 conlp|eUon, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the foliowing address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the foliowing address:
Patriot Fire Protection, Inc.
ATTN: John Dacca, SPD Manager
2707 70th Ave. E.
Tacoma, WA 98424
18. Entire Agreement; Modification. This Aoraement, together with attachments or addendm,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiationa, nepnaaentaUono, 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 4
DATED this 17th day of September , 2021
CITY OF TUKWILA CONSULTANT
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Allan Ekberg, Mayor 09/17/2021
Pilted Name: Aim Oacco
Title: SPD Manager
PFP #12-22736
Attest/Authenticated: Approved as to Form:
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City Clerk, Christy O'Flaherty Office of the City Attorney
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Page 5
EXHIBIT
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FAX: (253) 922.6150
PROPOSAL
Date: September14.2O21
To: City of Tukwila
Attention: Christy O'Flaherty
From: John Dacca
Regarding: TukwUa Storage Upgrades
**Base price for As -Built & Calculations:
**Base price for Head Relocations Only:
Assumptions:
$4.936'00
$8.649'00
1. As -Built Scope: As -built existing system on lst floor and basement to allow us to calculate the
increased O.H. Group 2 Density for the shelf storage. Calculate area to see if system will handle
the increased density to allow storage occupancy. Does NOT include any upsizing of pipe if
required.
2. Head Relocation Scope: Relocate heads that will now be over spaced around the storage area.
Max sprinkler spacing is 130 sq ft. Several heads are overthat spacing and will be required to
move. New heads will match existing make and style.
3. Design and installation per NFPA 13 and City of Tukwila standards.
4. City of Tukwila permits, and inspections included.
5. Work to be completed during normal working hours.
Exclusions:
1. Relocation of existing fire sprinkler piping, if required for MEP.
2. Upsizing of pipe if required once calculations are completed.
3. Applicable state and Iocal taxes.
4. Painting of pipe or proteciun from paint
5. Modifications to the system other than those described above.
Thank you for the opportunity to provide you this proposal -we look forward to working with you on
this project. Please do not hesitate to contact us with any questions.
Gincenaly,
John Dacca
HANFORD, WA OFFICE
TEL (509) 373.8896
FAX (509) 373.8919
VANCOUVER, WA OFFIC
TEL (360) 699.4403
PORTLAND (503) 222.8001
FAX (360) 699.4486
PATRIFP099CF
SPOKANE WA OFFICE
TEL (509) 926.3428