HomeMy WebLinkAboutCDN 2018-11-27 Item 2C - Agreement - 2019-2020 Inspection Services with 4LEAF IncTO:
FROM:
BY:
DATE:
City of Tukwila Allan Ekberg, Mayor
Jack Pace, Director
INFORMATIONAL MEMORANDUM
Community Development & Neighborhood Committee
Jack Pace, Director of the Department of Community Development
Jerry E Hight, Building Official
November 27, 2018
SUBJECT: Contract for 4Leaf Inc. inspections services
ISSUE
Should council approve a contract to continue current building inspections services with 4Leaf Inc. with a
not to exceed amount of $200,000.00 through the 2019-2020 budget. A new contract is needed because
the current contract with 4Leaf Inc. expires on 12/31/2018.
BACKGROUND
Due to the increase in ongoing permit activity and larger projects such as Tukwila School district projects,
Tukwila Village, Quail Park senior housing project, and Boeing, it will be necessary to continue to have an
outside building inspection service with 4Leaf Inc. The Building Division has used the building inspections
services of 4Leaf Inc. to maintain a 24-hour inspection turnaround time.
DISCUSSION
Currently we have many highly technical, complex commercial and industrial projects in view such as the
three story 145-unit Quail Park senior housing community, Tukwila School district projects including a two-
story addition to Foster High School, five story 125-unit Tukwila Village SHAG project (Building B), seven
story 166-unit Sterling Southcenter, and numerous other upcoming projects. Many of these projects are
once in a decade projects. These in addition to a continues flow of Boeing and Westfield Southcenter
permits.
Staff is working at maximum proficiency to accommodate the current workload. However, when all of the
above projects are fully engaged, they will demand additional time for daily inspections, plan revisions,
and staff will not be able to handle the workload. Building inspections services of 4Leaf Inc. are needed to
insure the projects are in compliance with all codes and are safe for our citizens.
FINANCIAL IMPACT
$200,000.00 for professional service until the end of the 2019/2020 budget. As permits for construction
increases so does the amount of fees collected and paid for outside inspection services.
RECOMMENDATION
Staff recommends the contract for 4Leaf Inc. building inspection services be placed on the December 3,
2018 Full Council, Consent Agenda for approval.
ATTACHMENTS
Contract for building inspections services with 4Leaf Inc.
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number:
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 4Leaf Inc., hereinafter referred to
as "the Contractor," whose principal office is located at 2126 Rheem Drive, Pleasanton, CA 94588.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, 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 shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by
this reference. The total amount to be paid shall not exceed $200,000.00 at a rate of $82.50 per
hour.
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 any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 2, 2019, and ending December 31, 2020, unless sooner terminated under the
provisions hereinafter 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
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 December 2016 Page 1 of 4
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6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
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 Public Entity, 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 as least at broad as 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 a per project general aggregate limit using ISO form CG 25 03 05 09 or
an equivalent endorsement. There shall be no exclusion for liability arising from explosion,
collapse or underground property damage. The City shall be named as an additional 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 at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
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
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
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 of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall be
made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
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
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 maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
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.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by 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
(30) days written notice of the City's intention to terminate the same. Failure to provide 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.
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,
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
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.
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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.
CITY OF TUKWILA CONTRACTOR
DATED this day of , 2018.
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
/d /
By.
V d Fr
Printed Name and Title: Gene Barry, P.E. Vice Pre ac»J
Address: 4LEAF, INC.
2126 Rheem Drive
Pleasanton, CA 94588
(925) 462-5959 - Office
(925) 580-4055 — Cell
CA Revised December 2016 Page 4 of 4
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EXHIBIT "A"
CITY OF TUKWILA 2019-2020
Scope and Schedule of Services
4LEAF, INC.
Gene Barry P.E., Vice President
2126 Rheem Drive
Pleasanton, CA 94588
(925) 462-5959 - Office
(925) 580-4055 — Cell
Thomas J. Ushing C.S.O.
Building and Safety Manager
1201 Pacific Avenue, Suite 600
Tacoma WA, 98402
tushing@Aleafinc.com
(253) 360-328-6487
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)
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EXHIBIT "B"
CITY OF TUKWILA 2019-2020
Compensation and Method of Payment
4LEAF, INC.
Gene Barry P.E., Vice President
2126 Rheem Drive
Pleasanton, CA 94588
(925) 462-5959 - Office
(925) 580-4055 — Cell
Thomas J. Ushing C.B.O.
Building and Safety Manager
1201 Pacific Avenue, Suite 600
Tacoma WA, 98402
tushing@4leafinc. corn
(253) 360-328-6487
Inspection Services
Commercial Building Inspector (Building Inspector III) ....$82.50 hour
Overtime $1.5X hourly rate
Consultant's Building Inspector will be billed out at the Commercial Building Inspector (Inspector
II) rate of $82.50/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 10%
• Mileage will be billed at the current IRS rate
All requests should be made directly to 4LEAF management. 4LEAF's Designated Project
manager noted above.
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