Loading...
HomeMy WebLinkAbout19-203 - Belfor USA Group, Inc dba Belfor Property Restoration - Hilltop Homeless Encampment Cleanup1 9-203 Council Approval 12/09/19 PROPERTY RESTORATION (BELFOR USA GROUP, INC.) CONTRACTOR'S LICENSE # BELFOUG990BL SERVICES AGREEMENT This Services Agreement (this "Agreement") is made and entered into on Dec 13tr1 , 2019 between BELFOR USA Group, Inc., dba BELFOR Property Restoration, a Colorado corporation ("Contractor") with its principal place of business at 185 Oakland Avenue, Suite 150, Birmingham, MI 48009 and cllY oT Tukwila WA with its principal place of business at o200 Southcenter Blvd ruicwoa ("Owner"). Owner and Contractor may be referred to throughout individually as a "Party," or together as the "Parties." RECITALS: WHEREAS, Contractor is a service contractor engaged in the business of supplying emergency response, disaster restoration, reconstruction and related services, necessitated by fire, water, wind, smoke, contamination, corrosion and any other natural or manmade disaster. WHEREAS, Owner's Property suffered damages as a result of Homeless Camp. Owner desires to hire Contractor to perform professional services with respect to Owner's property located at East Marginal & Boeing Access Road ("Property"). Contractor shall furnish all labor, materials, tools, equipment and supervision necessary to perform the Work (as defined in Section 2). NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, the sufficiency of which is hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT Work shall commence on P5°1- '° 2131 /2° / 9 ("Commencement Date"). The Contractor shall achieve Substantial Completion no later than 0,/14/2020 from the Commencement Date, subject to adjustment or early termination as provided herein. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract so that the Owner can occupy or utilize the Work for its intended use. Parties agree that Contractor shall order the building materials only upon the execution of this Agreement, therefor; Owner's delay in signing this Agreement shall not be included in calculating time frames for payment or performance obligations. Contractor shall not be liable for any failure or delay in the performance of its obligations under this Agreement for the period that such failure or delay is beyond Contractor's control. SECTION 2. SCOPE OF' WORK. The scope of work under this Agreement concerns restoration services to the Property for damages caused by a Homeless Camp . The itemized list of the Work to be done and the cost thereof is agreed to by the Parties and set forth in Exhibit A, which is attached hereto and incorporated by reference herein (the -Work"). Contractor further agrees to perform the Work in good and workmanlike manner, and in accordance with industry standards established by those engaged in a business similar to that of the Contractor. SECTION 3. CONTRACTOR'S CONLPENSAT ION. 3.1 Contract Sum. The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: V.1 3/18 oet, Page 1 of 9 L PROPERTY RESTORATION (BELFOR USA GROUP, INC.) (Check the appropriate box.) 46,443 84 [ « » ] Stipulated Sum in the amount of $ +wsst , subject to any change orders, additions, or deductions, and as further set forth in the Scope of Work attached as Exhibit A. [ « »] BELFOR'S National Rate and Material Schedule attached as Exhibit B. 3.2. Invoicing. 3.2.1 Owner agrees to pay Contractor's invoice within 30 days of receipt by the Owner. If Owner dispute's any amount within an invoice, then Owner shall pay all undisputed amounts within thirty (30) days from receipt of invoice and shall provide to Contractor, in writing, an explanation of the disputed amount with all supporting documentation within seven (7) days from Owner's receipt of the disputed invoice. Failure to do so shall result in an absolute waiver of Owner's right to dispute any amounts under said invoice. Owner agrees that it shall only assert disputes grounded in good faith and reasonable judgment. Owner shall not withhold payment of any undisputed amount payable by reason of any dispute. In the event of any such dispute, the Parties shall seek to resolve the disputed amount promptly. If such disputed amount cannot be resolved within fourteen (14) days of Owner's notice, then the Owner shall place the entire disputed amount in escrow until the Parties are able to resolve such dispute. The Contractor reserves the right to cease or suspend any work until the undisputed amount is paid in full, including interest, for Services performed. 3.2.2 Contractor's right to timely and full payment of its progress and final invoice shall not be contingent upon resolution of any disputes between the Owner and its insurer(s) or dependent upon the insurers' payment or approval of Contractor's invoices or charges. 3.2.3 In the event Owner fails to make payments promptly under this contract, it would be difficult to fix the damages suffered by Contractor because of varying rates of interest and inflation and because late payment impairs capital and bonding capacity. As liquidated damages the parties therefore agree that a charge of 1.5 percent per month will be assessed on all overdue payments. This rate represents a reasonable endeavor to estimate fair compensation for the foreseeable losses that might result from late payment. If payment is not timely made, on submitted invoices, Contractor reserves the right to cease any work, whether present or future, until Contractor is fully paid, including interest, for services performed. 3.2.4 The Owner waives any right of recoupment or setoff that it may have, whether any such right arises by virtue of contract or law, with respect to the payments for any Work under this Agreement. Payments for Work shall be made in full without any setoff or recoupment. 3.2.5 Owner understands and agrees that the Owner's obligation to make timely payment is not abated, stayed, contingent, dependent or conditioned on Owner awaiting funds from its insurer(s), local government, State government, the federal government, or any government agency, grant, charitable organization, or any third -party. 3.3 Payment Schedule. Unless the parties otherwise agree to a payment schedule as set forth herein, Owner agrees to pay Contractor's invoice within 30 days of receipt by the Owner. [INSERT FIXED PAYMENT SCFIEDULE IF APPLICABLE] 3.4 Adjustments to Contract Sum. It is understood that the Work may be subject to change due to unknown factors. Such changes may result in a revised amendment which may increase the price and scope of the Work. It is understood that the Work may be subject to change due to unknown factors, those changes may result in a revised estimate, additional scope or a supplement which may increase price and scope of the project. All non-insured code upgrades, deductibles, or work V.1 3/18 Page 2 of 9 PROPERTY RESTORATION (BELFOR USA GROUP, INC.) not covered by the insurance policy is the financial liability and responsibility of the Owner and must be mutually agreed upon in a written change order. 3.4.1 Application of Prevailing Wage Determinations. Contractor will comply with the Fair Labor Standards Act and any applicable federal or State minimum wage laws during the performance of the Work. Owner warrants and represents that it is not subject to, nor is it receiving funds subject to, prevailing wage determinations under federal laws, such as the Davis -Bacon Act or the Service Contract Act, or under any similar or like State laws. Owner further acknowledges and represents that it has not provided Contractor with any federal or State prevailing wage determinations. Should Owner or Contractor subsequently be notified that the Work is subject to prevailing wage determinations, Owner agrees to issue a written change order to comply with the applicable prevailing wage determination(s), plus a standard mark-up for overhead and profit. Owner further agrees to pay and indemnify Contractor for any and all penalties a State or Federal agency may assess under prevailing wage laws. Should Owner and Contractor disagree on the applicable prevailing wage rate(s), the Owner agrees to pay the amount determined by the State or Federal agency or the amount listed by the United States Department of Labor in its wage determination for the applicable classification in the appropriate jurisdiction or the appropriate similar/like State wage determination, whichever is higher and necessary to comply with the law. 3.5 Payment Source. Owner understands and agrees to pay Contractor the Contract Sum, along with any adjustments and amounts owed under this Section 3 regardless of whether Owner receives funds from its insurer(s), local government, State government the federal government or any government agency, grant charitable organization or third -party. Owner's payment to Contractor for the Contract Sum, along with any adjustments and amounts owed under Section 3 shall not be contingent, dependent or conditioned on Owner's insurer(s), local government State government the federal government, or any government agency, grant, charitable organization or third -party. Owner understands that Contractor will maintain job records for a period of no more than three years. Should Owner desire to maintain records for a longer period, Owner shall request copies from Contractor and agrees to pay the costs associated with such preservation or copies. SECTION 4. STANDARDS OF PERFORMANCE 4.1 Industry Standards. Contractor shall perform the Work in accordance with industry standards established by those engaged in a business similar to that of Contractor. 4.2 Equipment, Supplies and Expenses. Contractor shall provide all equipment and supplies to properly perform the Work, and shall pay for all material, labor, sales taxes, salaries, federal and provincial employment taxes, and any similar payroll taxes relating to employees of Contractor incurred in the performance of the Work. 4.3 Licenses. Contractor shall obtain at its own cost all licenses (including professional licenses), permits, certificates and authorizations necessary for Contractor to do business in all jurisdictions where any part of the Work are to be performed. Contractor shall also obtain all licenses, permits, certificates and authorizations necessary in connection with Contractor's performance of the Work, and give all notices required under applicable law. 4.4 Waste Removal. Contractor shall keep the Property free from accumulation of waste materials or rubbish caused by Contractor's operations. 4.5 Owner's Separate Contractors. Site Conditions: In the event that Contractor's Work depends upon the proper and timely execution of the work of Owner's separate contractors, Contractor may rely upon the work of such separate contractor for fitness and suitability to accept and incorporate Contractor's Work. Contractor shall not be responsible for the any cost of time impacts arising out of defects in the work of Owner's separate contractors to the extent such defects were not reasonably discoverable upon a cursory visual inspection. The parties acknowledge that Contractor has little opportunity to perform other than a visual inspection of the site prior to commencement of Work pursuant to a Work Order; accordingly, Contractor shall not assume the risk of site conditions that are not reasonably discoverable during such inspection. Contractor shall immediately notify the Owner upon encountering a concealed or otherwise unknown condition v I 3/18 Page 3 of 9 PROPERTY RESTORATION (BELFOR USA GROUP, INC.) that may increase Contractor's time of cost to perform, under no circumstances beyond three (3) business days from encountering such condition. 4.6 Abatement of hazardous Materials. If mold, microbial matter, or other hazardous material is (1) found on any property covered by this Agreement and (2) the Owner directs Contractor to provide any Services related to such mold, microbial matter or other hazardous material, the parties agree to perform the Services to current industry standards and according to any local, State or Federal laws. If Owner does not agree to perform and pay for mold or abatement Work to current industry standards, which include clearance testing by an Industrial Hygienist, Owner agrees to indemnify, defend, hold harmless (including payment or reimbursement of Contractor's reasonable legal defense costs) and release Contractor from and against any claim, damage, loss or lawsuit regarding the failure to remediate or from the spreading of the mold or hazardous materials. SECTION 5. APPICABLE LAW AND REGULATIONS 5.1 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State where the Property is located. 5.2 Compliance with Laws. Contractor shall comply with all applicable provincial and federal laws in performing the Work. Contractor shall not take, and is not authorized to take, any action in the name of or on behalf of Agent or Owner, or which would violate any applicable law. 5.3 Non -Discrimination. Contractor shall not permit any discrimination against or segregation of any person or group of persons in connection with the performance of this Agreement on account of sex, disability, marital status, age, race, religion, color, creed, national origin or ancestry, sexual orientation or gender identity or any other protected characteristic in accordance with applicable law. SECTION 6. CONFIDENTIALITY Parties may exchange and disclose Confidential Information to the other for the sole purpose of performing the Work under the terms of this Agreement (the "Purpose"). The term -Confidential Information" as defined in this Agreement shall mean all nonpublic, confidential and proprietary information that is disclosed by one party to the other for the purposes of this Agreement and shall include, but not be limited to, information relative to the disclosing party's finances, assets, technology, ownership, capital structure, operations, business plans and prospects, information technology, formulas, patents, trademarks, trade secrets, other intellectual property, customer and vendor identities and pricing information, as well as information regarding employees and contractors (whether oral, written, graphic, visual and/or computer generated). The Party in receipt of Confidential Infoi illation is identified as "Recipient" herein, and the Party that disclosed its Confidential Information is identified as "Discloser" herein. Recipient shall maintain in strict confidence all Confidential Information disclosed during performance of the Work throughout the time period identified herein, and shall not use any Confidential Information in any way inconsistent with the Purpose. Recipient shall use the same degree of care in safeguarding Discloser's Confidential Information as it uses with respect to its own proprietary information and in no event less than reasonable care. The obligations imposed upon either Party shall not apply to any information or data which: (i) is already available to or in the possession of the receiving Party or its Representatives and was from a third Party which, to the receiving Party's reasonable knowledge or belief, (ii) is not under an obligation of confidentiality to the disclosing Party with respect to any such information or data; (iii) is or becomes available to the public through no breach of this Agreement; (iv) Is independently developed by the receiving Party without reference to any Confidential Information disclosed; (v) is approved for release (and only to the extent so approved) by the disclosing Party; or (vi) is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law. The confidentiality obligations of the parties under this Agreement shall survive the termination of this Agreement for a period of one (1) year. V 1 3/18 Page 4 of 9 N y- PROPERTY RESTORATION (BELFOR USA GROUP, INC.) SECTION 7. LNSURANCE Upon request by Owner, Contractor shall provide Owner with a Certificate evidencing that it has obtained insurance satisfying all requirements as set forth below. The following policies and coverages shall be furnished by Contractor: Commercial General and Umbrella Liability Insurance: Contractor shall maintain commercial general liability (CGL) coverage, with $2,000,000 combined single limit per occurrence, and $4,000,000 in the annual aggregate. CGL insurance shall be written on Insurance Work Office form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury, contractual liability, broad form property damage liability, products and completed operations coverage and X,C,U (explosion, collapse, underground) hazards. Business Auto Insurance: Contractor shall maintain business auto liability with $ 1,000,000 combined single limit per accident for bodily injury and property damage, without annual aggregate. Defense costs shall be in addition to the limit of liability. Coverage shall apply to any automobile owned, hired and non -owned. Workers' Compensation and Employees Liability Insurance: Contractor shall maintain worker's compensation insurance as required by the state in which the work is being performed and Employer's Liability Insurance in the amount of $500,000 per accident for bodily injury or disease. The General Liability and Automobile Liability policies shall contain, or be endorsed to contain the following provisions: -Owner- and other insureds mentioned in this Section 7 shall be included as Additional Insured and Certificate holder as respects the Commercial General Liability Insurance and Business Automobile Liability Insurance. This shall apply to claims, costs, injuries or damages. Owner and other insureds mentioned in Section 7 shall not, be reason of their inclusion as insureds, become liable for any payment ofpremiums to carriers for such insurance coverage. For any claims related to this Project, Contractor's insurance coverage or subcontractors (if applicable) shall be primary insurance as respects Owner, its partners, principals, officers, directors, agents, employees, representatives, and insurers. Any insurance or self-insurance maintained by Owner shall be excess of Contractor's insurance and shall not contribute to it. All insurance policies provided under the Contract Documents shall be endorsed to state that coverage shall not be canceled except after prior written notice has been given to Owner. SECTION 8. INDEMNIFICATION 8.1 Indemnification by Contractor. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the Owner, and the Owner's representatives, and employees, from all claims for bodily injury, death, and property damage (including reasonable attorney fees and court costs) to the extent caused by the negligent acts or omissions of Contractor, its subcontractors, or anyone employed by either one of them for whose acts they may be liable. Contractor shall be entitled to reimbursement of any defense costs paid above Contractor's percentage of liability for the underlying claim. V. 1 3/18 Page 5 of 9 PROPERTY RESTORATION (BELFOR USA GROUP, INC.) 8.2 Indemnification by Owner. To the fullest extent permitted by law, Owner shall indemnify and hold harmless Contractor, and Contractor's officers, directors, members, agents, and employees, subcontractors, or anyone employed by any of them for whose acts any of them may be liable from all claims for bodily injury and property damage (including reasonable attorney fees and court costs and expenses) to the extent caused by the negligent acts or omissions of Owner, or Owner's officers, directors, members, agents, employees, and subcontractors. Owner shall be entitled to reimbursement of any defense costs paid above Owner's percentage of liability for the underlying claim. 8.3 Limitation on Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY TORT OR BREACH OF CONTRACT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ITWAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 8.4 Maximum Liability. IN NO EVENT SHALL CONTRACTOR's AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO CONTRACTOR PURSUANT TO THIS AGREEMENT IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 8.5 Environmental Hazards. Contractor shall have no liability for, and shall be indemnified and held harmless from and against, all claims, damages, liabilities, and costs arising out of or relating to the presence, discovery, or failure to discover, remove, address, remediate or cleanup environmental or biological hazards including, but not limited to, mold, fungus, hazardous waste, substances or materials, or asbestos unless the Work specifically calls for Contractor to perform hazmat discovery, mold remediation or abatement services. SECTION 9. WARRANTY CONTRACTOR GIVES NO EXPRESS OR IIVIPLIED WARRANTIES FOR EMERGENCY SERVICES. OWNER ACKNOWLEDGES AND UNDERSTANDS THAT THE PROPERTY MAY CONTAIN MOLD. OWNER ACKNOWLEDGES THAT CONTRACTOR GIVES NO EXPRESS OR IMPLIED WARRANTIES FOR EMERGENCY SERVICES AND/OR THE WORK AND HEREBY WAIVES ANY WARRANTY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF HABITABILITY AND THE WARRANTY OF GOOD WORKMANSHIP. For reconstruction services only, Contractor warrants to Owner that all materials and equipment used in or incorporated into the Work will be of good quality and free of liens (to the extent payment has been received), claims, and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work will be of good quality, installed in a good and workmanlike manner, and free from defects; and the Work will conform with the requirements of this Contract and all applicable codes. The foregoing Warranty shall commence on the date of the project's substantial completion and continue for a period of one (1) year. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. All warranties are contingent upon full payment to the Contractor. If any goods or materials provided by Contractor in the performance of the Work are warranted by the manufacturer, then Contractor shall make every effort to transfer to Owner all such warranties (and deliver all documents evidencing such warranties). Further, mold and asbestos abatement work is not warrantable and Owner agrees that no written or implied warranty exists for such work. Work performance is complete upon clearance testing of the work by an Industrial Hygienist with such test results subject to current industry standards and local environmental conditions. v 3/18 Page 6 of PROPERTY RESTORATION (BELFOR USA GROUP, INC.) SECTION 10. TERMINATION Termination for Convenience. Either party may terminate this Agreement, at any time, and for any or no reason whatsoever, by giving the other party not less than thirty (30) days advance written notice of same, which notice shall specify the effective date of early termination. Contractor shall receive compensation for all the Work performed through the effective date of early termination. Termination for Cause. Contractor may terminate this Agreement or suspend performance of the Services if Owner fails to pay Contractor any undisputed amounts when due and Owner fails to cure such failure within ten (10) days after receipt of written notice from Contractor. SECTION 11. ASSIGNMENT AND SUBCONTRACTING 11.1 Assignment. The parties shall not assign or transfer this Agreement or any of their obligations arising hereunder to any third party without the written consent of the other party. Any assignment or transfer without said consent shall be null and void. 11.2 Subcontracts. Contractor may utilize any subcontractor in connection with providing the Work upon giving notice to the Owner. Utilization by Contractor of, or Owner's approval of, any subcontractor shall in no way relieve Contractor of any of its obligations or liabilities under this Agreement. SECTION 12. CHANGE IN THE WORK If the parties hereto agree to a stipulated sum for the Contract Sum, then by appropriate Change Order ("Change Order"), changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner and Contractor. Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. SECTION 13. RELEASES Owner releases Contractor from: (a) work limitations or policy defenses imposed by Owner's insurer and for work not performed due to the refusal of Owner's insurance company to pay for it. (b) claims caused by any environmental consultant for re -growth after "clearance" is obtained from an environmental consultant or due to un-remediated pre-existing conditions. (c) performing mold remediation not specifically described and included in an approved scope of work. (d) damage to Owner's personal property. Owner is responsible for removing and declaring, in writing, Owner's personal property before Contractor begins any work at the Property. Owner waives any content damage or theft claims against Contractor for any property not removed by Owner. SECTION 14. NOTICE V.1 3/18 Page 7 of 9 PROPERTY RESTORATION (BELFOR USA GROUP, INC.) Any information or notices required to be given under this Agreement must be in writing and delivered either by: (i) certified mail, return receipt requested, in which case notice will be deemed delivered three (3) business days after deposit, postage prepaid; (ii) a reputable messenger service or a nationally recognized overnight courier, in which case notice will be deemed delivered one (1) business day after deposit with such messenger or courier; or (iii) personal delivery with receipt acknowledged in writing, in which case notice will be deemed delivered when received. All notices should be addressed as follows: For the Owner: For the Contractor: Attention: General Counsel BELFOR USA Group, Inc. 185 Oakland Ave., Ste 150 Birmingham, MI 48009 The foregoing addresses may be changed from time to time by notice to the other party in the SECTION 15. MISCELLANEOUS a er set forth above. 15.1 Independent Parties. The Contractor is an independent contractor and not an employee of the Owner. Nothing in this Contract shall be interpreted as creating any joint venture, partnership, joint tenancy, agency or other similar legal relationship between Owner and Contractor, or as creating any contractual obligation, whether direct, indirect or third party beneficiary, on the part of Owner to any Subcontractor. 15.2 Force Majeure. Any delay or failure by either party in the performance of its obligations shall not constitute a default or give rise to any claim for damages if, and only to the extent and for such period of time that; (i) such delay or failure is caused by an event or occurrence beyond the control and without the fault or negligence of such party or any subcontractor, supplier, or other party acting under or through such party; and (ii) said party is unable to prevent such delay or failure through the exercise of reasonable diligence. Events that shall be deemed to be beyond the control of the parties hereto shall include, but not be limited to: acts of nature or the public enemy; expropriation or confiscation of facilities by governmental or military authorities; changes in laws; war, acts of terrorism, rebellion, sabotage or riots; floods, unusually severe weather that could not reasonably have been anticipated; fires, explosions, or other catastrophes; or other similar occurrences. 15.3 No Waiver. Failure of either Party at any time to require perfoi„mance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach of the same or any other provision. 15A Severability. If any provision hereof is deemed to be invalid or unenforceable under applicable law, this Agreement shall be considered divisible as to such provision and such provision shall thereafter be inoperative, provided however, the remaining provisions of this Agreement shall be valid and binding. 15.5 Governing Law. This Agreement will be interpreted and enforced under the law where the Work was performed without regard to laws of any other jurisdiction. 15.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the work and supersedes all prior negotiations, representations or agreements relating thereto either written or oral, except to the extent that they are expressly incorporated herein. All exhibits and attachments hereto are incorporated into and made a part of this Agreement. Unless otherwise expressly provided herein, no changes, alterations or modifications to this Agreement shall be effective unless in writing and signed by the respective parties hereto. v.l 3/18 Page 8 of 9 PROPERTY RESTORATION (BELFOR USA GROUP, INC.) IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written, the corporate parties by their officers duly authorized. Owner: BELFOR USA Group, Inc. (Contractor) By: By: Title: Mayor Date: Opal APPROVED AS TO FORM Of ice of the City Attdrn Name: Title: Date: VI 3/18 Page 9 of 9 EXHIBIT A- SCOPE OF WORK S Boeing Access Rd f Airport Way S Homeless Encampment The encampment, dubbed "Hilltop", is a small piece of land that sits directly south of S Boeing Access Rd and in the loop that is created by Airport Way S. It is approximately 100yds long and 25 yds wide and sits what is believed to be Public Right of Way. • Tukwila iMap has no owner information for the parcel and as such has been interpreted by Code Enforcement as Public Right of Way. Contacts / Outreach: We became aware of this encampment roughly 2 years ago. Since then, we have made numerous contacts with the occupants of the encampment. Initially, it was simply to do welfare checks and with the implementation of the SOP, it quickly turned in to outreach. At the time, there was only 3 occupants in the encampment, a couple and a single male. The area has always had garbage and debris but was not visible from the roadway. Efforts in the area included Catholic Community Services and Sound Mental Health case workers. Resources were provided but none were taken. We had one success with the female occupant. She was connected with CCS and reunited with her son in Louisiana. She has since returned due to her son enabling her drug addiction. Potential Criminal Element: Every time we walk the camp there is evidence of heavy drug use. Drug paraphernalia is visible everywhere you look and there are numerous pieces of equipment (bicycles, lawn mowers, etc.) present. Efforts thus far have been primarily to offer resources and check on welfare. Likely due to the heavy drug activity, one of the camps occupants suffered a heart attack and was unable to get medical assistance promptly. Rather, the medical episode passed, and the occupant walked themselves down to the Chevron gas station where aid was requested. They were hospitalized and kept there for observation for several days. Since then, the same occupant has had open heart surgery. Self admittedly, they still use narcotics. Effects on local area: It is not proven but is my belief that occupants of the camp are the same ones pan handling at 108/EMWS thus generating numerous complaints via SeeClickFix. This also spreads to the 112th TIB area. Encampment Growth: Over the last 6 months, the encampment has grown exponentially. Garbage and debris are now visible from the roadway and as of two weeks ago there were now approximately 7 occupants. The area is well known amongst the transient community and as such is home for short periods of time to many who are passing through. OSA's: In August of 2019, I was contacted by a Captain with KCSO. They wanted to bring the encampment to my attention. I informed them that we were aware of it and that we are working on trying to figure out who owned the parcel to try and find a resolve. To date, there is no confirmed information as to who owns it. As far as we are able to tell, it is Public Right of Way thus no one jurisdiction has ownership. However, the land does sit in the City of Tukwila and as such we have a vested interest in it. KCSO, WSDOT and SDOT have all stated this is not their area. Due to this issue, we have not effectively enforced our SOP and given the standard 72-hour notice to vacate. Potential Clean Up Costs: It is my belief that to clean this area, we will need a coordinated multi - jurisdictional partnership. There is simply to much garbage / debris on site to have Tukwila Public Works do the cleanup. Recently, Public Works assisted PD in a cleanup of an encampment on TIB. The area was roughly 25 yards long and 10 yards wide and between equipment, wages and dump fee's the total cost of the cleanup was approximately $5000. If this is any indication of cost to clean up encampments, I believe this particular location can reach the 10's of thousands to accomplish a thorough cleanup. Pictured below is the space cleaned up by Public Works running a total of $5000. Update: On 11/07/2019 Officers went to the location and obtained drone footage of the encampment. In addition, there were several individuals on site who claimed to not live there however have been staying there on occasion for days at a time. This confirms that the location is now a well-known spot for the homeless community to stop in at. Public Works was also asked to come do a site visit. They were asked to give a rough estimate of what it would cost (using city resources) to clean up the encampment. They cited several barriers in being able to do the job. The two primary ones were that there was a very large amount of bio waste that they are not very well trained on cleaning as well as the fact that they cannot get heavy equipment to the site due to the lite rail being so low to the ground. Due to this the job would have to be done by hand extending the amount of time the clean up would take. In their estimation, it would take roughly two weeks to clean and run approximately $50,000. They admitted that this cleanup would be too much for them to handle given their current level of manpower. Recommendation: We have now determined that the property on which the encampment sits actually belongs to City of Tukwila. Standard protocol calls for checking welfare, offering resources and then posting a "No Trespassing" sign giving them a 72 hour notice to vacate. It is my opinion that this encampment requires more than the standard protocol. Given the size, the longevity of some of the occupants and now how popular the area is within the local homeless community (many day to day visitors), I believe that a unique approach is required. I recommend the following: O Meeting with other stakeholders and finding a solution to keep others from going back in post clean up. o Fencing, shrub removal, etc. o Get a hard date / time for this to occur. • Conduct a one time visit with resource partners, offering resources to all who are on site. o Catholic Community Services, Sound Health, etc. • Posting "No trespassing" signs per protocol o I would recommend not doing this until we have a hard date set for clean up. With an encampment of this magnitude, I believe that it is best to not "bluff" and have an actual hard date for both offering resources and clean up in concurrence with the 72 hour cleanup. o This would allow for prompt enforcement of the SOP and immediate mechanisms being put in place to deter others from re -occupying the area. • List of suggested stakeholders / representatives: o King County Sheriffs Office / Metro o Sound Transit o City of Tukwila — Officials o City of Tukwila — Police o City of Tukwila — Human Services o City of Tukwila — Public Works o Outreach Partners — CCS, Sound Health EXHIBIT B BELFOR'S RATE AND MATERIAL SCHEDULE Rate and Material Pricing for Hazmat Services - City of Tukwila JOB INFORMATION LOSS DA NUM NAME WALMAAI' i'itACKSNG. It WALMART WORK :ORDER::' WALMART PURCHASE ORDE JOB CONTACT INFORMATION CONTACT NAME City of Borien LOCATION ID. Encampment ADDRESS CITY TELEPHONE F! TELEPHONE EMAIL ADDRESS R&M PRICING SUMMARY ST ZIP SELECT RATE SHEET WALMART ' CATEGORIES LABOR -SCHEDULED EQUIPMENT -SCHEDULED CONSUMABLES-SCHEDULED DOCUMENT RECOVERY EQUIPMENT RENTAL REIMBURSABLE VENDOR & SUBCONTRACTOR BASED ON WORK oROER AND DEFINED SCOPE OF WORK IS THIS ACA'I' LOSS?' (includes sm. tools) (includes fuel) PROJECTIONS AMOUNT MARKUP SUBTOTAL $25,875.00 $0.00 $25,875.00 $1,280.00 $0.00 $1,280.00 $1,622.84 $0.00 $1,622.84 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $14,600.00 $3,066.00 $17,666.00 $43,377.84 $0.00 SALES TAX $46,443.84 $0.00 $46,443.84 PROJECTED SCOPE OF WORK This estimate does not allow for delivery of dumpsters inside the encampment. It is the most cost efficient method but allows for extra time necessary to provide services safely. THIS R&M ESTIMATED PRICING SUMMARY PREPARED BY EMAIL ADORE DISCLAIMER IMPORTANT Customer hereby agrees to the following terms: This is a rate and material projection report and represents estimated costs at the time it was completed. This estimate is based on the job starting on 12/9/2019 Any changes to the start date will impact the estimate including our overtime calculations, the hours and materials needed and/or the scope due to exacerbation of the original damage. This estimate is for valuation purposes only and is not a guarantee, of BELFOR's total costs. If you should decide to proceed with the project, BELFOR will notify you of and get consent before performing work on any material additions to the scope of this project. These projected costs are void should there be a change in the building conditions, unforeseen weather conditions or any other unforeseen issues, requests or requirements. BELFOR will invoice for work performed on a rate and materials basis and you will be responsible for additional charges for any applicable subcontracted for equipment, fuel, related service costs, permits, fees, sales tax, administrative reporting or required appearances including court appearances arising out of the services.