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HomeMy WebLinkAbout22-048 - Mocon Fence Contractors - Records Center FencingCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 22-048 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 Mocon Fence Contractors, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to furnish and install fencing and gates in connection with the project titled Records Center Relocation. 2. ScoQe 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 June 30, 2022, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than 15 days after the Notice to Proceed, 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 payment to the Consultant shall not exceed $7,280.00 (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 UoCumentS, Ur8vings, 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 copies, including reproducible copies, of drawings and specifications for infornnotion, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said docunnents, drawinQs, specifications or other materias by the City on any project other than the project specified in this Agreement. O. Compliance with Laws. The Consultant shall, 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. 7Indemnification. The Consultant shall defend, indemnify and hold the City, its oMloers, ofUoia|o, employees and volunteers harmless from any and all daims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions ofthe Consultant inperformance ofthis 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 RCVV 424.115, 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 offioers, ofhoia|s, emp|oyeen, 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 RCVV, 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. U. Insurance. The Consultant shall procure and maintain for the duration of the /\g[eenleOt, 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 Consu|tant, its agenta, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shali not be construed to limittheliability ofthe Consultant tothe 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 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 ovvned, non'ovvned, hired and |easedvehic;es. 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. Commerciai General Liability msurancenhaUbeat|eastasbroad8o|S{}occurrenoefOrrnCGOOO1 and shall cover liability arising from pr8nnioes, operationn, stop -gap independent contractors and personal injury and 8Uvertising 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 endorsernent at Ieast as broad as SO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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. Professiona| Liability insurance shall be appropriate to the Consultant's profession. 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 nfvvhpthersuch |imdsmaintained bythe Co ctoranrgreabar 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 CommercialGenera|Liabi|ityinsunanoapo|idenanatocontain.orbeendonsedtocVtainthsdtheyshaU 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 Consultant's insurance and shall not be contributed or combined with it. U. Acceptability of Insurers. Insurance is to be placed with insurers with a currentA.M. Best rating of not less than ANU, E. Verification of Coverage. Consultant shall furnish the Cbvvvitho�ginalce�i�oatesand a copy of the amendatory endoraements, including but City necessarily limited to the additional insured endoraonnent, 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 po|icies, including endorsoments, 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 canCeUation, 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 breach immediately terminate the contract or, at its discretion, procure or renew such insurance` and pay any and allprerniurneinconnection therevvith.vvithany sums emexpended to berepaid to the City on dennond, or at the sole discretion of the City, 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 AQreemnent 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 shallbe 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 insuranceprogram, otherwise assuming the duties of an employer with respect to t - Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Conou/tant, to soltcit or secure this contract. and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant,any fee, commission, percentage, brokerage fee. gifts, 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 shallhave the right to annul this contract without |iabi|ity, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee commission, peruentaQe, brokerage fee, gift, or contingent fee. ' CA revised May zcun Page 3 11. Discrimination Prohibited. ContnaCtor, with regard to the work performed by it under thi s*Qnaenent. will not discriminate on the grounds of race, religion, creed, color, national origin, age, Ve1er8n St8tua, sex, sexual orientation, gender identity, marital status, political affiliation, presence of any disability, or any other protected class statS understate «rfederal law, 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 hi Agreement th�expnaasvvri�enconsent ofthe City. without 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation it ti provided for in this Agreement shaU not constitute a waiver of any other provisionon 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days i w. ue// notice to the Consultant. B. In the event of the death of a~rnember._pa�ner.Or officer of the COnSu|tsnt, or any of its hereby supervisory personnel assignd to the p/u]ect, zne surviving members of the Consultantsone 'h�greetoconnp/atethe vvorkunder the terms ofthis Aoreement �roqumntedhodo by te(�|ty. This section shaUnot beabar tOrenegotiations ~ofthis Agreement surviving members of the Consultant and the City, if the City so chooses.' - 75. Applicable Law; Venue; Attorney's Fees. This Agreement hisAonaenent shall be subject to, and the shall at all times comply with, all applicable federal, state and local laws,nagu/at/one. and ru|ea, including the provisions of the City of Tukwila Municipal Code andordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding isinstituted to enforce any term of this Agreement,onePart/easpocifioaUyunderstandandagnzothat«enueshaUbep'"pedy(oid/nKin� County, Washington. The prevailing pay in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, conditionAgreement orpr�visinnofth�sisdec|a d void orunenforceable or limited in its application or effectsuch event declared provisions hereof and aUother provisions shaUremain fully enfo/ceab|snaUno1a�ectonyother AQ»eememt. which Uy their senso anU context erm ne� |�ep»o«is/oneofthio completion, expiration or cancellation of this Agreement, intended to survive the Agreement.g«sem*nt' shallsur«ive terminadon of this 17. Notices. Notices to the City of Tukwila shall be sent to the follow ing address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Mocon Fence Contractors ATTN. Michael Moriarty, Manager 12510 S. E. Petrovitsky Rd. Ronton, WA 98058-6706 18. Entire Agreement; Modification. This Agrecment, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant an supersedes u,|prior negotiations, repreoentations, or agreements written or oralm« amendment or modification of this Agreement shall be of any force or effect unless �t i No writing and signed by the parties.| s in CA revised May 2020 Page 4 CO DATEDthis_. CITY OF TUKVVILA day of Allan Ekberg, Mayor CA revised May 2020 4/20/2022 CONSULTANT By: Printed Name: ;OP / /120 Title: p Approved as to Form: esigned ~ Office of the City Attorney Page 5 FENCE NT " C TO 12510 S. E. Petrovitsky Rd. Renton, WA 98058-6706 P: (425) 228-2296 F: (425) 228-9969 e-mail: imitlke.imocolrnfeirnce.,.colm ............................. ... Internet: www.imocoirnfeirnce.coim .................................................................................... EXHIBIT A PROPOSAL To: City of Tukwila Attention: Cristy O'Flaherty No. of pages: 1 From: Michael Moriarty Project Name: Records Center Fencing Subject: 8' high all galvanized chain link fence Date: 4/15/2022 Christy.OFlaherty@tukwialWA.gov We propose to furnish and install up to 50 LF of 8' high all galvanized chain link fence plus (1) 3' single swing gate. Includes 2 3/8" od line posts with 2 7/8" od end/corner/gate posts, attached to concrete floor by means of welding 6" x6" flange plates to base of posts, attaching with (4) each, 1/2" x 2 3/4" wedge anchor bolts. Also includes (3) 1 5/8" od rails (top, bottom and middle) with 2" mesh, 9 -gauge commercial chain link fabric. Gate to have bulldog industrial hinges with standard fork latch (padlock by owner). LUMP SUM $7,280.00 Plus Local Sales Tax TERMS: Balance is due immediately upon completion with no retainer withheld. STANDARD EXCLUSIONS: Clearing, grading, staking/locating of fence line, locating of underground utility, traffic control, electrical grounding, sleeves, block outs, asphalt patch, core drilling, sonotubes, padlocks, any locking devices, saw cutting, backfill, extra mobilizations, removal of existing fence, post pulling, mow strips, curbs, bollards, hazardous waste training and removal of, wood or plastic slats, pipe gates, painting, vinyl or powder coating, temporary fence, guardrail, wire mesh, liquidated damages, sales tax, engineering, performance bonds, bid bonds, permits and union fees (non-union quote). All costs incurred for drug testing, performance bonds and OCIP programs (no credit will be issued for any OCIP). Warranty's more than one year. QUALIFY: Survey and grade hubs supplied by others prior to us mobilizing. We must have access to fence line with digging equipment and concrete truck. Please allow minimum 2 weeks for powdercoated or vinyl coated finished materials. WA Contractor Lic # MORIAEL027R3 INSURANCE: Insurance coverage of $1,000,000 each occurrence ($2,000,000 General Aggregate) included. Insurance certifications include CG2033 at no additional charge (requirements beyond CG2033 will result in additional charges). Waivers of subrogation endorsements add $150.00 per named entity. This proposal expires 7 days from proposal date due to unstable steel market and all prices will need to be confirmed at time of contract/installation. Date accepted: Company: By: (Sign and Print Name of Authorized Officer)