HomeMy WebLinkAbout22-144 - Puget Sound Regional Fire Authority (PSRFA) - Fire Prevention ServicesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number. 22-144
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Jne(tidos 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 Puget Sound Regional Fire Authority, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Protect Designation. The Cons Itant is retained by the City to perform Fire Prevention
services.
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 •erformance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 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 December 31, 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 payment to the Consultant shall not
exceed $15,000 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.
Ownership and Use of Documents. All documents, drawings, 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 information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreernent.
6. 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.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and aI 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 RCVV
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
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 is a municipal corporation that is insured under a public entity risk
program through Cities Insurance Association of Washington (CIAW). Consultant shall
maintain this insurance throughout the term of this Agreement. 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 lirnit the City's recourse
to any remedy available at law or in equity.
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 re:sponsibie for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bonalide employee working solely for the
Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any
company or person, other than a bonaficle employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, of 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 liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
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11 Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, coior, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. 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. rhe City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
8. In the event of the death of a member, partner or officer of the Consultant, 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 with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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 shail 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, 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 term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of thus Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Chief Matt Morns
24611 116ih Ave SE
Kent, WA 98030
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant 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
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DATED this
CITY OF TUKWILA
29th day of November , 20 22
CONSULTANT
Natthew
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Allan Ekberg.. Mayor
Attest/Authenticated:
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11-29-2022
.....................
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City Clerk, Christy O'Flaherty
CA revised May 2020
Printed Name: Matthew Morris
Title: Fire Chief
Approved as to Farm:
Key:be389Cd2,2024t82,508,481,732343a
Office of the City Attorney
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Exhibit A — Fire Prevention Services
I . Purpose. The purpose of this exhibit is to create a mutually beneficial process to provide
assistance in plan review delivery when needed to allow the City of Tukwila to request Fire
Prevention assistance from the Consultant when the Consultant has avaiiable staffing to meet
such request to provide the following Fire Prevention Services.
2. Services.
2.1. Plan Review. The review of plans shall be in accordance with state adopted International
Fire Codes (IFC), local amendments and city codes. The plans will be made available
electronically. All review work will be conducted at the consultant's offices,
2.1.1. Manner of Review. Unless otherwise specifically stated in this Agreement, review shall
be performed in the same manner and under the same circumstances as such reviews
would normally be performed.
2.1.2. Time for Review. Upon its receipt of plans, the Consultant shall have two (2) weeks to
conduct its initial plan review and to provide comments regarding those plans. If more
time is required to complete its review, the Consultant will promptly notify the City and
provide an explanation of why additional time is required. If mutually agreed, to by the
Chiefs, or their designees, this two (2) week review period may be increased or decreased
to provided enhanced customer service on a needed basis. Upon completion of such
review, the plans along with any comments shall be returned to the City.
21.3. Availability to Discuss Plans. Consultant's staff shall be available to discuss any
comments made to the plans.
2,1.4. Other Services Necessary. Consultant's staff may provide additional services
necessary, during the permit review process, including pre -application review, land use
review, pre -construction conferences, meetings, phone calls, and other such activities
deemed necessary to provide a high level of customer service and effectively implement
the intent of this Agreement and of the IFC.
2.1.5. Software Data Entry. The data entry of review activities will be performed by the
Consultant. The City shall provide training and access to the TRAKiT software.
2,1.6. Notification of Need. Notification should be made 48 hours in advance when review
services are needed. Confirmation of availability should be made within 24 hours.
Availability will be the sole discretion of the Consultant.
3. Payment. The City shall pay for the Services at the rate of $164.74 per hour. invoices shall identify
dates, times and services provided on a monthly basis. Payment shall be made of the invoices
withing 30 days of receipt.
4. Record Management. Except for working copies, all other records, documents, and drawings
pertaining to fire prevention services provided for under this Agreement will be maintained by the
City and be the sole property of the City.
CA revised May 2020
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