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HomeMy WebLinkAbout19-058 - Puget Sound Regional Fire Authority - 2019 Fire Plan ReviewCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 19-058 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and the Puget Sound Regional Fire Authority, a Washington municipal corporation, 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 perform Fire Code Review services. 2. Sco a 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 December 31, 2019, 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. 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 Exhibits A attached hereto, provided that the total amount of payment to the Consultant shall not exceed $39,000 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. 5. 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 Agreement. 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. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. This provision shall survive the expiration of this Agreement. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 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 limit 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 responsible 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 A ainst Contin ent Fees. The Consultant warrants that the Consultant has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that Consultant 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 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. 11. Discrimination Prohibited. Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. 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 and the Consultant reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the other party. B. 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: Attornev'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 shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. PSRFA Fire Plan Review Services Page 2 16. Severabilitv 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 this 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 Morris 24611 116th 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. DATED this day of...,�"� , 201q CITY OF TUKWILA t Allan Ekberg, Mayor Attest/Authenticated: City Clerk, Christy O°'laherty Puget Sound/egip iai Fire A fi ority Title: Approved as to Form: Office of the City Atorney PSRFA Fire Plan Review Services Page 3 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: EXHIBIT A FIRE CODE REVIEW SERVICES 1. Purpose. The purpose of this exhibit is to create a mutually beneficial process to provide assistance in plan review delivery when needed and to allow the City of Tukwila to request Fire Prevention assistance from the Consultant when the Consultant has available staffing to meet such request to provide the following Fire Prevention Services. 2. Services. 2.1. Plan Review. The review of plans for shall be in accordance the state adopted International Fire Code, local amendments and city codes. The plans will be delivered to the reviewing jurisdiction. All plan review work will be conducted at the reviewing jurisdiction'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 be 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 provide enhanced customer service on a needed basis. Upon completion of such review, the plans along with any comments shall be returned to the City. 2.1.3.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, 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 shall be performed by a member of the City and in the same manner and under the same circumstances as such entry would be normally be performed. As an alternative, the Consultant is willing to perform the entry if training is provided and access is granted from the jurisdiction's offices. 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 jurisdiction. 3. Payment. The City shall pay for the Services at the rate of $138.84 per hour for 2019. The hourly rate shall be adjusted by the June CPI-W for Seattle Tacoma Bellevue each January 1 beginning January 2020. Invoices shall identify the dates, times and services provided on a monthly basis. Payment shall be made of the invoices within 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.