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HomeMy WebLinkAbout21-075 - 4Leaf, Inc - Building Inspection ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 21-075 Council Approval N/A 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: . 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 $15,000.00 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 Aareement. This Agreement shall be in full force and effect for a period commencing Ma v 5 , 20 21 , and ending May 31, 2022, 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. 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. CA Revised May 2020 Page 1 of 4 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of Iiability for damages arising out of bodily injuryjury to persons or damages to property caused- or resulting from the concurrent negligence of the Contractor and the Public Entity, its officena, officials, ennp|oyeea, 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 Aoreenlont, insurance against claims foinjuries 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 Iaw 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 [}Mice (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 $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate iimit. Commerciai General Liabiiity insurance shali be as ieast at broad as iSO occurrence form CG 00 01 and shail cover iiabiiity arising from premises, operations, independent contractors, products -completed operations, stop gap |i8bi|ib/, personal injury and advertising injury, and iiability assumed under an insured contract. The Commerciai Generai Liabiiity 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 shali be no exclusion for iiabiiity arising from expiosion, coiiapse or underground property damage. The City shali be named as an additionai insured under the Contractor's Commercial General Liabiiity 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 ieast as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. N. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to oontein, or be endorsed to contain that they shall be primary insurance with respect to the City. Any |nmuranoe, oo|f-|naurenoa, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not iess than A: Vli. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endoroennanta, including but not necessarily limited to the additional insured endnnaoment, 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 po|ioiao, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth here\n, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. 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. H. FaHure 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 bnaanh, 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 Cion demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeoina and Reporting. A. The Contractor shall maintain accounts and nacorda, including peroonne|, 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 4O.14and bythe 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. 1O.Term ination. 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 Agpeennent, will not discriminate on the grounds of race, religion, oreed, on|or, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affitiation, the presence of any d|mobi|ity, or any other protected class status under state or federal |avv, in the selection and retention of employees or procurement of materials or supplies. 12.Ass|onrnent 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 Aareement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior neguUaUono, nepraoenteUona, 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. CA Revised May 2020 Page 3 of 4 14. Severabilitv and Survival. If any tern1, 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 Agreennart, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this A0raement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City C|e[k, City OfTukwila 6200GouthuenterBlvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 18.AooYicmb|e 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, arb|trotion, 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 Counb/, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 11th day of May , 2021 CITY OF TUKWILA CONTRACTOR : 4LEAF, Inc. e,lcfnea ..eamlessDocs.com Nora Gierloff, Director By: Address: 4LEAF, Inc. 2126 Rheem Dr. Pleasanton, CA 94588 CA Revised ay 2020 Page 4 of 4 EXHIBITS A & B CITY OF TUKWILA 2021-2022 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. UshingC.B.O. Buliding and Safety Manager 1201 Pacific Avenue, Suite 600 Tacoma WA, 98402 Igsting@4eafinc.corn (253) 360-328-6487 Inspection Services Commercial Buliding Inspector (Building Inspector 111) $87.50 hour Overtime $1.5x hourly rate Consultant's Building Inspector will be billed out at the Commercial Building Inspector (Inspector II) rate of$87.SU/hr. � Review by Engineer must be authorized in advance via email by City of Tukwila. w 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 inspectorto conduct a residential building inspection, consultant will charge the City the residential inspector rate. w 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 biIIed in 2 -hour increments. • All billable expenses wifl 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.