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HomeMy WebLinkAboutContractSMALL PUBLIC WORKS CONTRACT AGREEMENT Single Craft under $25K THIS AGREEMENT (“Agreement”) is made as of the day of , 2022, (the“Effective Date”) by and between the City of Renton, a non-charter code city under RCW 35A, and a Washington Municipal Corporation (“City ”), through COSCO Fire Protection , INC (“Contractor”), who are collectively referred to as the “Parties”, to Replacement of Damaged the Fire System Zone Panel located at the City Center Parking Garage (655 S. 2nd Street). The City and Contractor agree as set forth below. 1. Scope of Work:Contractor will provide all material and labor necessary to perform all work described in the Scope of Work which is attached and fully incorporated into this Agreement by reference as Attachment “A.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3. Time ofPerformance: ContractorshallcommenceperformanceoftheAgreementnolater than (30 days)calendar days after the Agreement’s Effective Date. 4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Work, no later than 30 days from the Effective Date. [Or shall terminate on _August 1st, 2022_]. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and Contractor. 5. Agreement Sum: The total amount of this Agreement is the sum of ($21,931.65)which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. 6. Consideration: In exchange for Contractor’sperformance of the itemsand responsibilities identified in the Scope of Work, the Cityagreestomake payment of the amount identified as the Agreement Sum. 7. Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City.          CAG-22-095 PAGE 2 OF 8 A. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and anAffidavitof WagesPaidattheendoftheprojectwiththeWashingtonStateDepartment of Labor and Industries. The State of Washington prevailingwage rates applicable for this project,which is located in KingCounty,maybefoundatthefollowingwebsite addressof theDepartment of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuantto WAC 296-127-011,theapplicableeffectivedateforprevailingwageratespaid for the duration of this contract shall be the date the contract is executed as reflected in the “Effective Date” identified at the top of the first page of this Agreement. Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 15 Notices of this agreement. B.Retainage held by the City or in Escrow Account: Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide a either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the City Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. (Unless the contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one – if contractordoesnot pick one then 5% with contract bond is required: _X_To provide a payment and performancebond (contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage. or          PAGE 3 OF 8 To waive a payment and performancebond (contract bond) and instead the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. B. The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. C. Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. D. Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorilycompleted,asscheduled,uptothedateoftermination. At suchtime, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City’s expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8. Hold Harmless: Contractor shall indemnify, defend and hold harmless theCity, itselected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’fees,legalexpensesand litigation costs,arisingfrominjuryordeathtopersons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by The City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration,improvement, etc., of structure or improvement attached to real estate…) 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 contractor and The City, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence.          PAGE 4 OF 8 It is further specifically and expressly understoodthat the indemnification provided in this Agreement constituteContractor’swaiverof immunityundertheIndustrialInsuranceAct, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: Contractor shall secure and maintain: A. Commercialgeneralliabilityinsuranceintheminimumamountsof$1,000,000foreach occurrence/$2,000,000 aggregate for the Term of this Agreement. B. Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to The City that are excluded in the commercial general liability insurance. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. It is agreed that on Contractor’s commercial general liabilitypolicy,the City of The City will be named as an Additional Insured on a non-contributory primary basis. TheCity’s insurance policies shall not be a source for payment of any Contractor liability. E. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before executing the work of this Agreement. F. Contractor shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A. Contractor, and Contractor’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies.          PAGE 5 OF 8 B. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If Contractor fails to comply with any of this Agreement’s non-discrimination provisions,theCityshallhavetheright,at itsoption,tocanceltheAgreementinwhole or in part. D. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11. Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of the City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to The City shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claimson behalf of Contractoremployees, and any andall claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in Work provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 12. City of Renton Business License:The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regardingStatebusiness licensing requirements can befound at: http://dor.wa.gov/doing-business/register-my-business 13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copiesof any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW).          PAGE 6 OF 8 14. Public Records Compliance.To the full extent the City determines necessary to comply with the Washington State Public RecordsAct, Contractor shallmake a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the Cityforproduction.Intheevent Contractorbelievessaidrecordsneedtobeprotected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public RecordsActrequestin a timelymanner,unlessthoserecordsareprotectedbycourtorder. 15. Other Provisions: A.Administration and Notices. Each individual executing this Agreement on behalf of The City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Contractor. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three(3)calendardaysafterthedateofmailing. ThisAgreementshallbeadministered by and any notices should be sent to the undersigned individuals or their designees. CITY OF RENTON Edward Grube/Facilities Supervisor 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6670 egrube@rentonwa.gov CONTRACTOR Brian VanDerHeyden/COSCO Fire 4308 S. 131st Place Tukwila, WA 98168 Phone: (206) 735-6379 bvanderheyden@coscofire.com B.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent.          PAGE 7 OF 8 D.Compliancewith Laws. ContractorandalloftheContractor’semployeesshallperform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E.Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. F.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforceor interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. I.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. J.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Waivers. All waivers shall be in writing and signed by the waiving party. Eitherparty’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either The City or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing.          PAGE80F8 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON CONTRACTOR Martin Pastucha Public Works Administrator 1055 South Grady Way Renton, Washington 98057 COSCO Fire Protection Date Date Approved as to Legal Form Shane Moloney Renton City Attorney Date Non-standard pw- single craft under $25K clb 02/08/22             Approved by Cheryl Beyer via 4/1/2022 email 4-1-2022 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 1 February 01, 2022 Quote: 22-1009 FAS To:Keith Miner cc: Cory Cappelletti City of Renton Public Works Renton Fire Dept. kminer@rentonwa.gov ccappelletti@rentonrfa.org 206-503-4065 425-276-9580 Project: City of Renton Parking Garage Upgrade Non-Functional Fire Alarm Panel From: Brian VanDerHeyden Fire Life Safety Sales Engineer Proposal for: FIRE ALARM SYSTEM UPGRADE REPLACEMENT We propose to furnish a design-build code-minimum, parts, smarts, (with optional installation) of the Fire Alarm System for the City of Renton Parking Garage in accordance with the terms set forth below. This proposal is effective for 30 days from the date of this quotation unless extended in writing by email. SCOPE OF WORK NARRATIVE Proposal is based upon the following design development documents: No construction drawings Site Walk completed on Jan 27, 2022 This is emergency replacement of the failed Fire Alarm Panel for the City of Renton Parking Garage, located at 2nd Ave between Logan Ave and Burnett Ave. The existing Fire Alarm Panel is a 10-Zone control unit, monitoring the sprinkler risers and 1st Floor Elevator recall detector. The current FACP is currently non-functional and qualifies for a emergency replacement by order of Renton Fire Dept. Currently a replacement 10-Zone panel is not immediately available, we have a 50-point addressable panel on our shelf which can be utilized. There are currently no 2nd-6th Floor Elevator Lobby Detection and it appears that the Elevator Controller are single phase recall only. Currently the FAS monitors the 5 Dry Valve Risers and the Backflow Preventer, however, the monitoring is not valve specific as multiple valves share the same zone, this is not ideal, but due to circumstances Renton Fire will accept it as it for the emergency replacement, but it is preferred that each valve to be on its own zone input. See Alternate Add #1 Attachment A DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 2 There are no occupant notification/evacuation devices anywhere in the parking garage including the tenant areas occupied by the Renton Police Dept. on both Logan Ave and Burnett Ave. Notification for these areas is listed as Alternate Add #2 There currently is no detection within the areas occupied by Renton Police Dept. Detection maybe required by Renton FD and the City of Renton code, depending on when this area became occupied. Detection for these areas is listed as Alternate Add #3 PROJECT PRICING Base Bid: Emergency Replacement & Upgrade to Addressable Fire Control Panel New Fire Alarm System $11,959.00 Installation (Breakout)$6,316.00 Project Total w/ Installation $18,275.00 Option Add #1: Split the existing Sprinkler Dry Valve Monitoring into individual points: Expansion Fire Alarm System $3,623.00 Installation (Breakout)$3,311.00 Add #1 Total w/ Installation $6,934.00 Option Add #2: Add notification to the areas occupied by Renton Police Dept. Expansion Fire Alarm System $3,724.00 Installation (Breakout)$3,531.00 Add #2 Total w/ Installation $7,255.00 Option Add #3: Add Smoke Detection to the areas occupied by Renton Police Dept. Expansion Fire Alarm System $3,273.00 Installation (Breakout)$3,531.00 Add #3 Total w/ Installation $6,804.00 FIRE ALARM SCOPE OF WORK 1. Produce electronic of data submittals. 2. Produce electronic engineered shop drawings including device locations, wiring diagrams, and bill of materials. 3. Provide electronic packages for plan check by the jurisdiction. 4. Obtain required plan check, and fire permit from the jurisdiction and electrical permit for wire installation 5. Furnish listed equipment to be installed. 6. Provide technician labor to terminate/program control panel, 7. Costco will provide the installation of wire and field devices. a. Conduit and J-Boxes provided by the Cosco Fire Protection. b. 8Hrs are budgeted for after-hours or OT work, the remaining hours are normal working hours M-F 8am-4pm. 8. All wiring will be clearly labeled per Cosco Fire Protection design drawings. DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 3 9. Provide technician labor to perform pre-test of the system with electrical contractor. 10. Provide technician labor to perform final acceptance testing with the jurisdiction and electrical contractor. 11. Produce as-built drawings based on red lines as required. 12. Provide electronic O & M's at completion of project or as directed. 13. Provide one (1) year warranty on all Notifier equipment and work performed directly by Cosco Fire Protection. 14. Provide spare parts kit per specification. 15. Provide end user training. OWNER CUSTOMER SCOPE OF WORK 1. Provide CAD backgrounds with room labels (DWG Files). a. If CAD files are unable to be located for use, Cosco Fire can develop them for an additional fee. b. The Emergency replacement can be accommodated prior to permit review. 2. Furnish and install all conduit, gutters, terminal boxes, and junction boxes as required per the Cosco Fire Protection Drawings. 3. Install equipment listed in this quote. 4. Assist Cosco Fire Protection technician with pre-testing fire alarm equipment. 5. Coordinate with Cosco Fire Protection to schedule electrical inspection prior to testing with the jurisdiction. 6. Schedule, coordinate, and assist Cosco Fire Protection technician with final testing with the jurisdiction. FIRE ALARM EQUIPMENT LIST BASE BID 1 (ea.)NFW-50X FIRE ALARM CONTROL PANEL, 50 ADDRESSABLE DEVICES ON ONE SLC, BLACK. 2 (ea.)BAT-12120 BATTERY, 12 VOLT, 12AH 1 (ea.)MB3001 SRD STORAGE CABINET 2 (ea.)FSP-951 INTELLIGENT ADDRESSABLE PHOTO DETECTOR 1 (ea.)FST-951 INTELLIGENT ADDRESSABLE 135°F THERMAL DETECTOR: WHITE 3 (ea.)B300-6 INTELLIGENT FLANGED MOUNTING BASE; 6 INCH: WHITE 5 (ea.)Sys Interface Dry/Deluge Riser Control Valve (3 Points ea) 2 (ea.)Sys Interface Fire Pump Room WF Monitoring 2 (ea.)Sys Interface Fire Pump Room Supervisory Devices 2 (ea.)XP10-M MONITOR MODULE, 10 CIRCUITS CLASS A OR B. 1 (ea.)CHS-6 CHASSIS, MOUNTS UP TO 6 XP-6 MODULES OR ONE ACPS-610. 1 (ea.)BB-25 CABINET, SIX XP6 BOARDS OR ACPS-610 (XP6 MODULES REQUIRE CHS-6). 1 (ea.)Sys Interface # of Elevator Banks (Elevator Connection and Shunt Trip are BO) 4 (ea.)FRM-1 ADDRESSABLE RELAY MODULE, TWO FORM-C. 1 (ea.)FMM-1 ADDRESSABLE MONITOR MODULE 1 (ea.)FCM-1 ADDRESSABLE CONTROL MODULE ONE CLASS A OR B NAC. 1 (ea.)MR-101/CR RELAY, SPDT, IN A RED METAL ENCLOSURE 5 (ea.)5601 135 °F (57° C) FIXED AND RATE-OF-RISE. 5 (ea.)FMM-101 ADDRESSABLE MINI MONITOR MODULE: CLASS B CIRCUIT DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 4 Equipment List is Preliminary and is subject to change upon completion of Design & Engineering FIRE ALARM PROPOSAL DETAILS Proposal Details: Base Bid – Emergency replacement of the existing (non-functional) FACP w/ new 50-Point Addressable FACP. Reconnect existing zone circuits to new Zone inputs modules. o This is a temporary reconnecting zones as required for the emergency replacement. Provide new conduit to Elevator Lobby Heat Detectors and occupant notification in elevator lobby on levels 2-6 o Completed once the emergency replacement panel is operational. o Assumes that existing conduit buried in slab is unusable. Provide new conduit and mount sprinkler bell on exterior of building outside of garage entrance. o Completed once the emergency replacement panel is operational. Alternate #1 Split the sprinkler Dry Valve Monitoring into individual points. Add individual monitor modules to each Dry-Valve to separate the monitoring of the Alarm Pressure, Low Air and Valve Tamper. This is not included on the Emergency Repair Base Bid and will be accommodated once the replacement FACP is functional. Alternate #2 Add occupant Notification to Renton Police Dept. areas. Add new occupant to areas currently occupied by Renton Police Dept on Logan Ave and Burnett Ave areas. Alternate #3 Add Detection to Renton Police Dept. areas Provide conduit and wire from FACP to both the east and west areas occupied by Renton Police and install Smoke Detection within those areas as required by code. Clarifications: 1. This proposal is valid for a 30-day period. All materials to be used must meet NFPA 72 standards and any material/ labor outside of the identified BOM & SOW are excluded from this proposal. 2. This proposal does not include digital communicators or monitoring as the monitoring is existing and will be transferred to the new FACP upon completing the upgrade to the FACP. 3. It is the Owner’s/ Contractors responsibility to provide accessibility to all working areas. This includes moving any and all materials or obstructions that prevent access to working area. 4. Cosco Fire Protection reserves the right to modify this equipment list by type and quantity without an increase or decrease in the contract amount unless changes to the project are made by the owner or the owner representative. DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 5 5. The following equipment is anticipated to be provided by other disciplines and is not included in our scope: terminal cabinets, module covers and mounting brackets, NEMA enclosures, power conditioning / transient protection equipment, power monitoring relays, current sensing relays, smoke damper end switches, sail switches, all sprinkler switches, elevator carrier cable, stairwell door lock power, and door holders. Please contact us should you wish this equipment to be added to our proposal. 6. Any 3D Modeling to be by Electrical Contractor and is not included in our Scope of Work. 7. Get started permits and overtime inspections are not included in this proposal. Should either be required a change order will be originated including direct fees, administrative fees, and project management time. Specification Exceptions: NA Addenda Acknowledged: NA DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 6 FIRE ALARM PROPOSAL QUALIFICATIONS Yes No N/A Performance Item 1. All Sales and Use Tax 2. System installation drawings 3. Operation and Maintenance Manuals 4. Permit and plan review fees 5. Provision of wire 6. Installation of wire 7. Mounting of all FACP Backboxes, XPDRs, NAC panels listed on proposal 8. Installation of conduit, boxes and fittings 9. Termination of control equipment 10. Termination of initiation & notification devices listed on proposal 11. Testing of all devices listed on proposal 12. Correction of wiring faults caused by others 13. Warranty on parts for one (1) year 14. Warranty on labor performed by Cosco Fire Protection for one year 15. Operation instructions for the Owner or Owner’s Representatives 16. Terminal boxes 17. 120VAC power including fused disconnect switch and lockout 18. Prepaid shipping costs (non-expedited) 19. Conforms with ADA requirements 20. Conforms with UL 1971 requirements 21. System meets all criteria of plans and specifications but may not meet all requirements of local Authority Having Jurisdiction 22. System is design-build 23. All on-site service performed during Normal Working Hours 8 am-5 pm Monday- Friday 24. Overtime or Premium-time labor rates 25. Labels and placards 26. Fire Watch provided 27. Cutting, coring, patching, or painting 28. Work in asbestos area(s) DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 7 General Terms & Conditions The provisions herein contained constitute all of the terms and conditions of this contract. No changes or additions hereto shall be binding upon Seller unless in writing and signed by an authorized representative of Seller. Any terms or conditions of Purchaser’s order inconsistent herewith or in addition hereto shall be of no force and effect and are hereby expressly rejected and Purchaser’s order shall be governed by only the terms and conditions appearing herein. PROPOSALS AND CONTRACT Seller’s proposals, when accepted, and any resulting contract, are not subject to cancellation, suspension or reduction in amount, except with Seller’s written consent and upon terms, which reimburse Seller for work performed, reasonable overhead and lost profit. PAYMENT Terms of payment have been set at net 10-days. A service charge will be charged and added to the prices on all payments past due and owed by the Purchaser under this contract, at a rate of 25% per annum, or if such rate is prohibited under applicable law, then at such maximum rate as is under applicable law. Purchaser shall pay all attorney’s fees incurred in the collection of past due accounts. DELAYS Seller shall not be liable for any damage or penalty for delays in work due to acts of God, acts or omissions of the Purchaser, acts of civil or military authorities, Government regulations or priorities, fires, floods, epidemics, quarantine restrictions, war, riots, strikes, differences with workmen, accidents to machinery, car shortages, inability to obtain necessary labor, materials or manufacturing facilities, delay in transportation, defaults of Seller’s subcontractors, failure of or delay in furnishing correct or complete information by Purchaser with respect to location or other details of work to be performed hereunder, impossibility or impracticability of performance or any other cause beyond the control of Seller, whether or not similar to the foregoing. In the event of any delay caused as aforesaid, the completion shall be extended for a period equal to any such delay, and this contract shall not be void or avoidable as a result of any such delay. In case work is temporarily discontinued by reason of any of the foregoing, all unpaid installments of the contract price less an amount equal to the value of material and labor not furnished shall be due and payable upon receipt of the invoice by Purchaser. EXCAVATION In the event the work herein includes excavation, the Purchaser shall pay as an extra to the contract price the cost for any additional work performed by the seller due to water, quicksand, rock or other unforeseen obstruction encountered or if shoring is required. SITE FACILITIES Purchaser shall furnish all necessary facilities for performance of its work by Seller, adequate space for storage and handling of material, light, water, heat, local telephone, watchman and crane and elevator service, if available, and necessary permits. Where wet pipe system is installed, Purchaser shall supply and maintain sufficient heat to prevent freezing of the system. STRUCTURE AND SITE CONDITIONS While employees of Seller will exercise reasonable care in this respect, Seller shall be under no responsibility for loss or damage due to the character, condition or use of foundations, walls, or other structures not erected by it or resulting from excavation in proximity thereto, nor for damage resulting from concealed piping, wiring, fixtures or other equipment or conditions or water pressure. All shoring or protection of foundations, walls, or other structures subject to being disturbed by any excavation required hereunder shall be the responsibility of the Purchaser unless otherwise specified. Purchaser warrants the sufficiency of the structure to support the fire alarm and/or fire sprinkler system and its related equipment. The purchaser shall have all things in readiness for service, including, but not limited to, other materials, floor or suitable working base, connections, and facilities at the time technician is onsite. In the event the purchaser fails to have all things in readiness for service at the jobsite, the Purchaser shall reimburse Seller for any and all expenses caused by such failure to have such things in readiness. Failure to make areas available to Seller during performance in accord with schedules, which are the basis of Seller’s proposal, shall be considered a failure to have all things in readiness for erection in accord with the terms of this contract. INTERFERENCE’S DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 8 Purchaser shall be responsible to coordinate the work of other trades (ducting, piping, electrical, etc.) and Purchaser shall be responsible for additional costs incurred by Seller arising out of interferences to Seller’s work caused by such other trades. LIMITATIONS OF LIABILITY The Seller makes NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. No promise not contained herein or affirmation of fact made by any employee, agent or representative of the Seller shall constitute a warranty by the seller or give rise to any liability or obligation. Seller’s liability to Purchaser for personal injury, death, or property damage arising from the performance under this contract shall be limited to the contract price. Purchaser shall hold Seller harmless from any and all third-party claims for personal injury, death or property damage, arising from Purchaser’s failure to maintain these systems or keep them in operative condition, whether based upon contract, warranty, tort, strict liability or otherwise. In no event shall Seller be liable for any special, indirect, incidental, consequential or liquidated, penal or any economical damage of any character, including but not limited to loss of use of the Purchaser’s property, lost profits or lost production, whether claimed by the Purchaser or by any third party, irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, tort, strict liability or otherwise WARRANTY Seller agrees that for a period of one (1) year after completion of said service it will, at its expense, repair or replace defective materials or workmanship supplied or performed during this service/repair by Seller. Upon completion of the service work, the system will be turned over to the Purchaser fully inspected, tested, and in operative condition. As it is thereafter the responsibility of the Purchaser to maintain it in operative condition, it is understood that the Seller does not guarantee the operation of the system. Seller further warrants the products of other manufacturers supplied hereunder, to the extent of the warranty of the respective manufacturer but no longer than one-year. ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS OR OTHERWISE ARE HEREBY EXCLUDED. MODIFICATIONS AND SUBSTITUTIONS Seller reserves the right to modify material of Seller’s design sold hereunder and/or the drawings and specifications relating thereto, or to substitute material of later design to fulfill this contract providing that the modifications or substitutions will not mater affect the performance of the material, or lessen in any way the utility of the material to the Purchaser. SEVERABILITY Should any part, term, or provision of this contract be found by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected therein. ASSIGNMENT Any assignment of this contract by Purchaser without the written consent of Seller shall be void. Seller may assign this contract to its subsidiaries and affiliat CHANGES, ALTERATIONS, ADDITIONS Changes, alterations, and additions to the plans, specifications, or construction schedule for this contract shall be invalid unless approved in writing by Seller. Changes approved by Seller, which increase or decrease the cost of work to Seller, shall constitute a corresponding increase or decrease in the contract price as herein provided. The value of additional work shall be agreed upon in writing prior to the performance of said work. However, if no agreement is reached prior to the performance of additional work approved in the manner herein described, and Seller elects to continue performance so as to avoid delays, then the estimate of Seller’s Estimating Department as to the value of the work shall be deemed accepted by the Purchaser. PRICES In addition to the prices specified herein, Purchaser shall pay for all extra work requested by Purchaser or made necessary because of incompleteness of or inaccuracy in plans or other information submitted by Purchaser with respect to location, type of occupancy, or other details of work to be performed hereunder. In the event the layout of Purchaser’s facilities has been altered, or is altered by Purchaser prior DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 9 to completion of this contract, Purchaser shall advise Seller, and prices, delivery, and completion dates quoted herein shall be changed by Seller as may be required. LEGAL NOTICE For the purposes of any notice permitted or required to be given hereunder, such notice or notices shall be deemed given when received. CLAIMS Any claims against Seller arising hereunder shall be deemed waived unless they are presented in writing, with particulars, within ten (10) days after they ari TERMS AND CONDITION/TECHNICAL SPECIFICATIONS The terms and conditions specified herein shall be in addition to those put in Seller’s technical specifications and Seller’s authorized representative shall resolve any inconsistencies. ARBITRATION At the option of the Seller, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration proceeding shall be held in California. OVERTIME Unless otherwise specified by Purchaser, all service work will be performed during regular working hours. If Purchaser shall require any overtime labor, Purchaser agrees to reimburse Seller for the overtime premium cost including all related payroll costs, plus Seller’s overhead and profit, payable monthly, one (1) month after overtime expense was incurred. PROPRIETARY DATA All specifications, drawings, designs, descriptive matter, and other data furnished by Seller to Purchaser pertaining to the work proposed herein shall be deemed proprietary and shall be kept in confidence by Purchaser and shall not be disclosed to any third party except as may be necessary in the performance of any contract with the Seller. In the event Seller requests the return of any such proprietary material and/or any reproductions thereof, Purchaser shall promptly return the same to Seller. DEFAULT In case of any default by Purchaser, Seller shall be entitled to payment for all work performed, all termination costs incurred, and any other costs incurred by Seller, including overhead and profit. All such remedies of Seller are cumulative and not exclusive. Default by Purchaser shall consist of: Failure to pay any installment of price when due, no demand being necessary, or any act or omission on the part of Purchaser whereby Seller is prevented from completing said service, or receivership, bankruptcy, assignment for the benefit of creditors or any other form of insolvency proceedings by or against Purchaser or in case said premises or said system shall be attached, liened or seized by process of law and such attachment or lien shall not be vacated or seizure terminated within ten (10) days after its occurrence BACK CHARGE No charges shall be levied by the Purchaser against the Seller unless (48) hrs. prior written notice is given to Seller to correct any alleged deficiencies/ clean-up which necessitates such charges and unless deficiencies are the direct fault of Seller. OSHA Purchaser will indemnify and hold harmless the Seller from and against any claims, demands or damages resulting from the enforcement of the Occupational Safety Health Act (Public Law 91-596), unless said claims, demands or damages are a direct result of causes within the exclusive control of Seller. DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217 Snoqualmie Casino Parking Garage Expansion | 22-1012 FAS Proposal 4308 S. 131st Pl Tukwila, WA 98168 | call (206) 556-0234 | www.coscofire.com FIRE PROTECTION AND LIFE SAFETY SPECIALISTS 10 ACCEPTANCE System:Cost: Base Bid: Emergency Replacement of the Zone Panel with equal: New Fire Alarm System $11,959.00 Installation (Breakout)$6,316.00 Project Total w/ Installation $18,275.00 Option Add #1: Provide added Occupant Notification to Police Dept. Areas. Expansion Fire Alarm System $3,724.00 Installation (Breakout)$3,531.00 Add #1 Total w/ Installation $7,255.00 Option Alternate #2: Upgrade Base Bid to Addressable Fire Control Panel: Expansion Fire Alarm System $14,992.00 Installation (Breakout)$6,875.00 Alternate #2 Total w/ Installation $21,867.00 ** Alternate #2 pricing is in instead of Base Bid, not in addition to it. ** Chose either Base Bid or Alternate #2, not both. In signing this document I am acknowledging that I understand, am authorized to accept, and accept this Proposal/Contract in its entirety. Accepted By:Date: Name & Title: Billing Address: City, State & Zip: P.O. # DocuSign Envelope ID: B49FEBD2-18E8-4B31-836A-00F889065217