HomeMy WebLinkAbout14-099 - Krazan and Associates - Permit InspectionsCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 14 -099
Council Approval N/A
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CONTRACT FOR SERVICES in
This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter
optional municipal code city hereinafter referred to as "the City," and Krazan & Associates, Inc., a
hereinafter referred to as "the Contractor," whose principal office is located at 922 Valley Avenue NW
Suite 101 Puyallup, WA, 9837. 0.
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WHEREAS, the City has determined the need to have certain services performed for its citizens Tz
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WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
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IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties y
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1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform ai
those services described on Exhibit A attached hereto and incorporated herein by this reference as if w
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, .0
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
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written approval from the City if the scope or schedule is to be modified in any way. a
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2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed the hourly /unit rates set forth on Exhibit A. °
The total amount for this contract shall not exceed $19,999.00. a
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3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in anyaway. N
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4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing N
July 14, 2014, and ending July 14, 2015, unless sooner terminated under the provisions hereinafter o
specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be 0
considered to create the relationship of employer and employee between the parties hereto. Neither c 'n
Contractor nor any employee of Contractor 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 . o
withholding or otherwise deducting federal income tax or social security or contributing to the State e".;
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor. �.o
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CA Revised 2012 Page 1 of 4 o a
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but does not have the manpower or expertise to perform such services; and
terms and conditions; now, therefore,
hereto agree as follows:
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6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the 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 RCW 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 Contractor and the City, its officers, officials, employees, and volunteers, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, 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 Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
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
owned, non - owned, hired and leased vehicles. 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 $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, products -
completed operations, stop gap liability, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 1 -2013 Page 2 of 4
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall 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 Contractor' s insurance and shall not contribute with
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C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating a
of not less than A: VII.
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D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
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of the amendatory endorsements, including but not necessarily limited to the additional insured 0
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work.
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E. Subcontractors. The Contractor shall have sole responsibility for deteimining the insurance 0
coverage and limits required, if any, to be obtained by subcontractors, which determination shall y
be made in accordance with reasonable and prudent business practices. a
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F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this cc
work with written notice of any policy cancellation, within two business days of their receipt of
such notice. 0
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G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as w
required shall constitute a material breach of contract, upon which the City may, after giving five o
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection E
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therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion a
of the City, offset against funds due the Contractor from the City. o
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8. Record Keeping and Reporting. --
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any o.
nature expended and services performed in the performance of this Agreement and other such ~
records as may be deemed necessary by the City to ensure the performance of this Agreement. 5
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B. These records shall be maintained for a period of seven (7) years after termination hereof unless b
permission to destroy them is granted by the office of the archivist in accordance with RCW N
Chapter 40.14 and by the City. o
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9. Audits and Inspections. The records and documents with respect to all matters covered by this o
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor d
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thirty (30) days written notice of the City's intention to terminate the same. Failure to provide 0...6
products on schedule may result in contract termination. If the Contractor's insurance coverage is `,
canceled for any reason, the City shall have the right to terminate this Agreement immediately. N E
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11. Discrimination Prohibited. The 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, 3.0
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence o
of any disability in the selection and retention of employees or procurement of materials or supplies. o"
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CA Revised 1 -2013 Page 3 of 4 o a
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12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor 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.
14. 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 this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. 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.
DATED this 1l day of , 204
CITY OF TUKW .A
DCD Dir
tor, Jack Pace
CA Revised 1 -2013
CONTRAC OR
By:
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Name and Title: Bill Throne, Operations Manager
Address: Krazan & Associates, Inc.,
922 Valley Avenue NW Suite 101
Puyallup, WA, 98371
253- 939 -2500
Page 4 of 4
Exhibit A
kraZan ASSOCIATES, INC.
June 18, 2014
GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING
CONSTRUCTION TESTING AND INSPECTIONS
KA Proposal No. T14151R1 WAK
Page 1 of 1
Tel: (206) 423 -5275
E-Mail:Gary.Schenk@tukwilawa.gov
Mr. Gary Schenk
CITY OF TUKWILA
6200 Southcenter Boulevard
Tukwila WA 98188
RE: ELECTRICAL AND BUILDING INSPECTION SERVICES FOR:
City of Tukwila 2014
Dear Mr. Schenk:
We greatly appreciate and thank you for the opportunity to submit this Proposal and Agreement for Testing and
Inspection services for the above referenced project at the specific rates as stated below. Should you have any questions,
please feel free to contact our office. We look forward to working with you.
The fee charges for projects under this Agreement are:
Scope: Testing and Inspection project Services
Hourly / Unit Rates
Building/ Electrical Inspector (by the hour)
$82.00/hr.
Building/ Electrical Inspector (8 hour day)
$640.00 /day.
Building/ Electrical Inspector (40 hour week)
$3000 /wk.
Building/ Electrical Inspector (80 hours in 2 con. weeks)
$5800.00/2 Con. weeks.
Project Management
$85.00/hr.
Mileage
$.55 /mile
Report Prep/Processing
$50.00/hr.
• Services are offered from our Puyallup Location which is less than 1 hour round trip. Travel time will be charged for
only 1 hour per day maximum. Mileage will be charged portal to portal from that office plus any mileage driven during
the work day. (Krazan maintains the typical insurance coverage's with limits required by most jurisdictions, see
attached.)
• Prices are subject to change if this Agreement is not executed within thirty (30) calendar days.
• Services will be performed on a "time and materials" basis. Any total estimates provided are merely estimates and are not
a guaranteed maximum price. All inspections performed will be billed on a portal to portal basis unless specifically noted
otherwise. Twelve (12) hours notice of cancellation required on all jobs.
• Overtime hours are understood to be any hours worked/ billed over 8 per day. This will be billed at 1.5 times the normal
rate when applicable.
Additional services requested in addition to the above will be billed at our current rates. Acceptance of Krazan's proposal
constitutes your agreement of Krazan commencing all work under our standard General Terms and Conditions, attached and
incorporated in full by this reference. Please review, sign, and forward all related forms to our office within seven (7) business
days. All work is subject to credit approval and a retainer may be required prior to commencement of our services.
With Offices Serving the Western United States
1230 Finn Hill Road NW Suite A • Poulsbo, WA 98370 • (360) 598 -2126 • Fax: (360) 598 -2127
KA Proposal No. W 14151 WAK
City of Tukwila
Page No. 2
The following items are included as an Attachment:
® Insurance coverage limits for Krazan & Associates Inc.
Respectfully submitted,
KRAZAN &ASSOCIATES, INC.
Jeffrey M. Bowers
Construction Services Manager
Peninsula Division
360 -598 -2126
Cell 360- 340 -2092
Krazan & Associates, Inc.
With Offices Serving The Western United States