The URL can be used to link to this page

Home My WebLink AboutReg 2016-10-17 Item 4H - Agreement - 2017-2018 Building Inspection with 4Leaf Inc for $200,000COUNCIL AGENDA SYNOPSIS nifials Me lily M�yorls Mee tin Dale Pre �y e Council revie2lv 10/17/16 JH ITEMNO. 4.H. I 67 STAFF SPONSOR: JERRY E HIGHT 1 ORIGINM;. 10117/16 AGENDA ITI,"MTITLE Contract for building inspection services with 4Leaf Inc. CATFIGORY ❑ Discussion Mtg Date Z Motion Mt g Dale 10117116 Refolulion Mtg Date ❑Ordinance A ll gDale ❑ Bid Aivard M�g Date :Public.Hearin g MIS Date ❑ Other Mig Dale SPONSOR ❑ Council ❑ Mayor ❑ 14R Z DCD ❑ 1-7inanee ❑ F'ire ❑ IT ❑ P&R ❑ Police ❑ PIF SPONSOR'S Council is being ask to approve a contract to continue current building inspections services SUMM,\RY with 41-eaf Inc. with a not to exceed amount of $200,000.00 through the 2017/2018 budget. A new contract is needed because the current contract with 41-eaf Inc. expires on 12/31/2016. RiIVii,"WED BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte F-1 Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 10/10/16 commirrEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COmm"I'll""' Unanimous Approval; Forward to 10/17/16 Council, Consent Agenda COST IMPACT / FUND SOURCE ExPj3NI)I'I'URH1 Rl,"QUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 2017/2018 BUDGET PROFESSIONAL SERVICES Cominents: MTG. DATE RECORD OF COUNCIL ACTION 10/17/16 MTG. DATE ATTACHMENTS 10/17/16 Informational Memorandum dated 10/10/16 Contract for 41-eaf Inc. building inspection services Minutes from the Community Affairs and Parks meeting of 10/10/16 67 City of Tukwila Allan Ekberg, Mawr INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks FFlCJK8: Jack pace, Director of the Department of Community Development BY: Jerry E Hight, Building Official CC; Mayor Ekberg DATE: October 1O'2016 SUBJECT: Contract for 4Leaf Inc. inspections services ISSUE 8hOU|d COUn[i| approve 8 contract to continue current building inspections services with 4Le8f Inc. with 8 not [O exceed amount Of$2OO.00O.00 through the 201Y/2O1O budget. A new contract ig needed because the current contract with 4Le8f Inc. expires On12/31/2O1O. BACKGROUND Due to the increase in ongoing permit activity and larger projects Such as Washington Place, TuKvv|8 8ChOO| district projects, Tukwila Village, Quail Park senior housing project, and Boeing, d will be necessary t0 continue [D have @D outside building inspections services with 4Le8fInc. The Building Division has been unsuccessful with our recruitment of qualified building inspectors and has used the building iDsp8CLiODS Services Of4Le8f Inc. to Dl8iOt8iO a 24-hour iDSp8{tiOO turnaround time. DISCUSSION Currently we have Dl8Oy highly technical, complex commercial and industrial projects in view such as the 174'OOO square foot Quail Park senior housing COnnnnVnitv, Tukwila School district $SO rniUiOO plus bond projects including @ two-story addition tO Foster High SCh0O| and 52'000 square foot Birth to Kindergarten building, King County Library, 32 room Holiday Inn Express, 1S story Washington Place tower, Tukwila Village SHAG project, @ndnunnenDUSOtherupooDliDg projects. Many 0f these projects greOOCeiOadeood8 projects. Staff is VvO[kiOg at Ol8xi[nVDl proficiency to accommodate the current workload. However, when all Vf the above projects g[BfU||y8Ogag8dtheyvvi||derD8ndadditioD8|dnOefV[d8i|yinGpectiOOS. plan [eViSiOnS' and staff will not be able to handle the workload. Building inspections services of 4Le8f Inc. are needed to insure the projects are in compliance with all codes and are safe for our citizens. FINANCIAL IMPACT $20O'ODO.0] for professional service until the end of the 2017/2018 budget. The DCD budget will reflect this change iO the amended budget. RECOMMENDATION Staff FecOrDOOeDds the contract fO[4Le8f Inc, building inspection services be placed On the October 17.2O16 Full Council, Consent Agenda for approval. ATTACHMENTS Contract for building inspections services with 4L8gfInc. 70 This AoneeOO8Dt is eD[8[8d into by and between the City of Tukwila, VV@ShiDg1OO, @ non-charter UDUon8| municipal code city hereinafter referred to as "the City," and 4Leaf Inc., hereinafter referred to as "the COntr8Cto[.^ whose principal office iS located 8[ 2110 Rheern Drive, Ste. A Pleasanton, CA 94588. WHEREAS. the City has determined the need to have certain services performed for its citizens but does not have the manpower O[ expertise t0 perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; D0VV therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, 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 written approval from the City if the scope or schedule is to be modified in any way. 2' Compensation and Method of Payment. The City Sh2U pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto a dincorporated h i by this reference. The total amount to be paid shall not exceed $200,000.00 at a rate of $72.50 per hour. 3' Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth iD this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires tO amend its budget iD any way. 4' Duration of Agreement. This Agreement shall be in full force and effect for a period COnlnoenuing January 2, 2017, and ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. 5' Independent Contractor. Contractor and Cdv agree that Contractor is an independent rd cto 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 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 withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2Oi2 Page l of 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 ohoU procure and maintain for the duration Of the Agreement, insurance against claims for injuries LOpenG0OsO[d808g8t0pV}pertvwhiCh0aV8hS8frO00[inC0DD8CbOOVVbh the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its SCOp8 of coverage and limits as required herein Shm|| not be construed to limit the liability of the Contractor tothe coverage provided by such insurance, O[ otherwise limit the City's recourse t0 any remedy available @t law O[inequity. A. Minimum Scope of Insurance. Contractor shall obtain insurance 0f the types and with the limits described below: 1. Automobile Liability iDSUF8DCe with @ DliDiOOUn0 combined single limit for bodily injury and property damage of $1,000,000 per accident. Auk]0Ubi|8 |iQbi|Ux iDSU[GDC8 Qh8U COVe[ all owned, DOD-0vvOed, hired and leased vehicles. Coverage shall be written OD Insurance Services Office (|S{}) fO[Dl CA 00 01 or @ substitute f0[OO providing equivalent liability coverage. If necessary, the policy shall be endorsed tO provide contractual liability coverage. 2. Commercial General Liability insurance with limits no ksGG than $1.000.000 each 0CCurr8nD8. $2.000.000 general @Agr8A@to and $2.000.000 prOduCtG-00nnp|eted operations aggregate limit. Commercial General Liability insurance shall be written OO ISO occurrence form CG 00 01 and Sh8|| COV8[ liability arising from pF8OOi88S' 0pBF8tiOnS' independent contractors, prod UCtS-COnnp|8tHd Op8[@ti0DS' stop gap |i8bi|ity, p8[SOD8| injury and advertising injury, and liability assumed under an insured C0Db8{t. The COOlnlerci@| General Liability iDSU[8DCe Sh8(| be endorsed to provide the Aggregate Per Project Endorsement |8[) form CG 25 05 11 85 or an equivalent eDdO[Senl8Dt. There shall beDO endorsement O[ modification ofthe COm0e[Ci8| General Liability Insurance for liability arising from explosion, C0||8pS8 or underground property damage. The City Sh@|| be named as an insured under the Contractor's Commercial General Liability iDSu[8DC8 policy with respect tO the work performed for the City using ISO Additional Insured eDdOnS808Dt CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 2037 10 01 Or substitute endorsements providing equivalent coverage. 3. Workers' coverage asrequired by the Industrial Insurance laws of the State OfWashington. B. Other Insurance Provision. The C0Otr8CfOr'S Automobile Liability and COmnn8rCi@| General Liability iDSUn3OC8 policies are to C0OL@iD' or be endorsed i0 C0Dt8iO that they Sh8U he primary insurance with respect to the City. Any iDSUn8DCH' S8U-iOSU[8DC8. or iDSUn8DQ8 pOO| C0v8[@ge maintained by the City shall be excess of the Contractor's insurance and shall not contribute with C. Acceptability of Insurers. |nSun@nC8 is to be p|8C8d with insurers with o uurnent/\K0. Beat rating of not less than A: VII. CA Revised 1-2013 Page 2 of 4 D. Verification of Coverage. Contractor shall furnish the City with original C8rtUfiC8teo and G copy of the 8D18Dd@t0n/ eOdO[88DlHOtS' including but not DeCeSS8h|y limited to the addhUOO8| iOSU[8d endorsement, evidencing the insurance requirements Of the Contractor before commencement Of the work. E. Subcontractors. The Contractor ShGU have SO|e responsibility for determining the insurance C0V8n3Qe and limits required, if any, to be obtained by GUbCODtraCtO[S. which det8rDiD8hOO Sh@U be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor Sh8U provide the City and all Additional |DSunade for this work with written notice of any policy cancellation, within two business days of their receipt of such G. Failure to Maintain Insurance. Failure OD the part of the Contractor to maintain the insurance as required Sh8U COOSbtUt8 8 Dl8[eh8| bn88Ch of contract, UpOO which the City may, after giving five bUSiOe8S days notice to the CODtn9C1O[ LO CU[ReCi the bP8@Ch' immediately t8[[DiD@t8 the COD[n8{t O[, at its discretion, p[OCUn8 or renew such iOSUr@DC8 and pay any and all pnBDliUrOS in C0DOeCti0D therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion Of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall Dl8in[8iD 8CCOUOtG and r8COndS' including p8rSODDe[ property, financial and prOgr8[DOU8tiC [8CVPdS which SUffi[jeDUy and properly reflect all direct and indirect COStS of any D8tU[8 expended and 88rViDeS performed in the perfo[Dl8DC8 of this Aon3RDl8Ot and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. 7-hgS8 [eCO[dS Sh8U be Dl8iDt8iD8d for 8 period Of seven ( ) Ve@[S after termination hereof UDkeSS permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and bV the City. 9- Audits and Inspections. The records and documents with respect to all matters covered by this 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 thirty days written notice 0f the City's intention tO terminate the same. Failure tU provide products OD schedule may result iD contract termination. |f the Contractor's insurance coverage iS canceled for any [8@SOD' the City shall have the right tO terminate this Agreement immediately. 11' Discrimination Prohibited. The Consultant, with regard t0 the work performed byit under this Agreement, will not discriminate OD the grounds of race, religion, C[88d, C0|0r, D@ti0O8| origin, 8g8' veteran Si@iUS' SeX, S8xV8| 0[i8DLBtiOO' gender identity, nG3[it8| St8tUS' pO|iUC8| affiliation or the presence of any disability in the 88|eCtiOD and F8t8OtiOD of employees or p[0CU[H0eOt of materials or supplies. 12- Assignment and Subcontract. The CuntnGCtO[ Sh@|| not assign Or SUbCODtn@CL any portion of the services contemplated by this Agreement without the written consent Of the City. 13. together with attachments Or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior O8gOtiGtiODS. [8prHS8Dt8ii0DS. O[ agreements written 0[0[8|. NO amendment Ormodification of this 4one8DlOOt ShG|| he Of any force or 8fhSCt UD|8SS it is in writing and Signed by the parties. 14. Severability and Survival. |f any term, condition 0r provision of this Agreement ia declared void Or UD8DfO[C88h|8 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 CA Revised 1-2013 Page 3 of 4 by their sense and context are P88SOD8b|y intended to SVnviV8 the CODlp|eU0D, 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 O2UU5Outhoenb*rBlvd. Tukwila, Washington 08188 Notices tothe Contractor shall be sent b} the address provided bvthe Contractor upon the signature line below. 16. This Agreement shall be governed by and construed in 8CC0Pd8OQe with the |@VvS of the State of Washington. In the event any SUUL @d}it[2UOO. Or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid iO King County, Washington. The prevailing party iD any such action shall be entitled to its attorney's fees and costs ofsuit. DATED this ____ day of CITY OF TUKWILA Allan Ekberg, Mayor City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CA Revised 1-2013 20 Printed Name and Title: Kevin Duggan, Preaideut lNkC. 2110 Rheeoz [rive, Ste. A Pleasanton, CA 94588 (A25)462-5959-Office (925)58A-4U55—Cell Page 4of4 EXHIBIT "A" CITY OF TUKWILA 2017 -2018 Scope and Schedule of Services 4LEAF, INC. Kevin Duggan, President Ed O'Reilly, Manager 2110 Rheem Drive, Ste. A 1201 Pacific Avenue, Suite 600 Pleasanton, CA 94588 Tacoma WA, 98402 (925) 462 -5959 - Office eoreilly(&4leafinc.com (925) 580 -4055 — Cell (253) 203 -3336 - Office (25 3) 203 -3 101 - Fax A. PURPOSE The purpose of this contract is to provide building inspections services on an as needed/on -call basis to the City of Tukwila. The City's intent it to improve customer service by supplementing the City's existing resources to increase service options. B. SCOPE OF SERVICES The selected Consultant shall provide building and safety services as requested by the City. Such services shall including enforcement of the City's building laws and codes and all applicable State Code; review of construction drawings to assure compliance with City and State adopted laws and code; interfacing with permit applicants and City staff, and conducting inspections. Specific projects may include residential or non - residential projects. Any single job may require one or subsequent reviews of submitted plans. Type of proposed plan check work may include new construction, remodel, additions, plumbing, mechanical and public nuisance abatement. 1. PLAN REVIEW SERVICES (N /A) 2. BUILDING INSPECTION SERVICES Consultant upon request of the City shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City's Building Laws and the Code requirements set forth on the approved plans for which a permit was issued. In the performance of such duties Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City and State code. Upon request of the City, building inspector may assist City staff with building code enforcement. Consultant assistance is limited to identifying potential building code enforcement issues in progress and helping to generate proper documentation. All actual enforcement actions to be undertaken by City staff. 3. PLAN CHECK RELATED MEETINGS (N /A) 4. BUILDING CODE QUESTIONS (N /A) 75 76 EXHIBIT "B" CITY OF TUKWILA 2017 -2018 Compensation and Method of Payment. 4LEAF, INC. Kevin Duggan, President Ed O'Reilly, Manager 2110 Rheem Drive, Ste. A 1201 Pacific Avenue, Suite 600 Pleasanton, CA 94588 Tacoma WA, 98402 (925) 462 -5959 - Office eoreillyA41eafinc.com (925) 580 -4055 — Cell (253) 203 -3336 - Office (25 3) 203 -3 101 - Fax Inspection Services Commercial Building Inspector (Building Inspector II) .......... .........................$72.50 hour Overtime ................................................... ............................... $1.5X hourly rate Consultant's Building Inspector will be billed out at the Commercial Building Inspector (Inspector II) rate of $72.50/hr. • Review by Engineer must be authorized in advance via email by City of Tukwila. • Overtime must be authorized by the City of Tukwila via email prior to being incurred. • Commercial building inspector rates apply for commercial building, plumbing and mechanical inspections, and inspections of multi - family residential (more than two dwelling units per building) • Residential building inspector rates apply for residential building, plumbing and mechanical inspections • Inspections services will be charged based on the actual inspection, not the staff assigned by the consultant. For example, if consultant sends a senior combination inspector to conduct a residential building inspection, consultant will charge the City the residential inspector rate. • Rates are inclusive of "tools of the trade" such as forms, telephones and consumables. • All invoicing to be done monthly. Invoices must be itemized and include contract number. • Staff Augmentation work (excluding plan review) is subject to 2 hour minimum charges unless stated otherwise. Services billed in 2 hour increments. • All billable expenses will be charged at cost plus 20% • Mileage will be billed at the current IRS rate All requests should be made directly to 4LEAF management. 4LEAF's Designated Project ff.*] Community Affairs and Parks Committee Minutes ........................................ ............................... ........................October 10, 2016 D. Contract: Building Inspection Services Staff is seeking Council approval of a contract with 41-eaf, Inc. in an amount not to exceed $200,000.00 for the continued provision of building inspection services through December 31, 2018. The Building Division has continued to have trouble recruiting qualified inspectors and this contract will allow the City to maintain a 24 -hour inspection turnaround time. There are many highly technical commercial projects underway such as Tukwila Village, School District Projects, and Washington Place. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. E. Contract: Structural Plan Review Services Staff is seeking Council approval of a contract with Reid Middleton, Inc. in an amount not to exceed $200,000.00 for the continued provision of structural plan review services through December 32, 2018. Revenues from permit fees offset the cost of the contracted review services. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. F. Proposed 2017 -2018 Biennial Budget Pursuant to the process requested by Council earlier this year, sections of the proposed 2017- 2018 budget are being presented to standing Council Committees prior to moving forward through the full Council review process. Staff presented proposed 2017 -2018 budgets for the following departments and funds: Parks and Recreation Department The Parks and Recreation Department Budget proposes an increase of 10.83% for 2017, primarily due to transfers from other departments, revenue - backed programs and previously approved program changes. The proposal also includes a.25 FTE and $100,000 for replacement of the existing recreation management software that has become obsolete. D Fu Fund 302 was previously known as the "Facilities Replacement Fund" but is being renamed to Urban Renewal to accurately reflect its use for tracking significant property transactions such as Tukwila Village and the TIB motel redevelopment. General Governmental Improvement Fund (303 Fund) Fund 303 is used for improvements, additions, or other miscellaneous minor capital projects. No specific projects are currently planned and there are no proposed changes. Fire Improvement Fund (304 Fund) The fund provides fire department capital improvements and apparatus through Fire Impact Fees. It does not include the mitigation fees from the Tukwila South agreement, which are included in the new Public Safety Plan fund. Chair Quinn asked for a list showing revenues and expenditures from fire impact fees. COMMITTEE DISCUSSION ONLY. FORWARD TO OCTOBER 24, 2016 COMMITTEE OF THE WHOLE. I' •