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HomeMy WebLinkAbout21-194 - 4LEAF, Inc - Fire Plan Check & Inspection Services^ ofCity Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 21-194 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 98588 . 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 Fedena|. State, and local statuteo, 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 $37.800 at a rate of $00 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 01/01/. 2022, and ending 08/30. 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 P[og[m[n, 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 Enthv, its officero, mfficia|o, employees and volunteers harmless from any and all c|ainno, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this /\oneennent, except for ijuries 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 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. Jnsurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance GiOatdainnsh»ri injuries topersons ordgnnagetoprope�vxvhiohn0ayehsehnnnorinconnection vv�h the ~ performanceo�'xvVrkhereunderby�hetheir representatives, employees or �netheContractor,agents, subcontractors. Contractor's rnmintenanc' of inaurance, 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 iimit the City's recourse to any remedy avaiiabie 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 allovvned.non-ovvned.h\nedmnd|emoedvehic|es.CoverogeehaUbexv[ittenon|nourGnce8ervioeo 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 $2,000,000 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 shail cover iiabiiity arising from premises, operations, independent cuntractoro, products -completed ope.adono, stop gap iiabiiity, personal injury and advertioing injury, and liability assumed under an insured contract. The Commerciai General Liabiiity insurance shail be endorsed to provide a per projectject general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from expiosion, coiiapse or underground property damage. The City shali 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 Ieast as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity �Fu1|Am/oQContractor |fthe (�ontroctornnaintminshigher insurance limits than tnnininOunnoshown above, the Public Entity shall beinsured for the full available limits of Commerciai General and Excess or Umbrella liability maintained by the Contractor, irrespective ofwhether such limits maintained bvthe (�ontnactorare greater than those required bythis (�ontnaut or whether any certificate of insurance furnished to the Public Entity evidences limits of liability iower than those maintained by the Contractor. C. 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 insuranoe, ae|f-inourance, 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 less than /\: \/||. CA Revised May 2020 Page 2 of 4 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endoreennente, 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 po|iciee, including endoraennente, 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 henain, 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. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of cortnact, 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 recorda, including penaonne|, propertv, 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 Agreementeha||beo�e||dnnea�orevievvoraudit by|mxvduring the pe�ornnonoeof subjectinspection, 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 Agreennent, will not discriminate on the grounds of race, ra|igion, oread, oo|or, national origin, age, veteran otatus, sex, sexual orientation, gender identity, marital status, political mffi|\oUon, the presence of any d\agbi|ity, or any other protected class status under state or federal \oxv, in the selection and retention of employees or procurement of materials or supplies. 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: Modificatioii. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negodaUona, repnasentationo, 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. Severabiland 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 AoPeenneOt, 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 82OOGouthcenterBlvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16'Aoo|icable 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, orbitradon, 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 attorneys fees and costs of suit. DATED this 24th day of December , 2021 . CITY OF TUKWILA CONTRACTOR ~__!,51,via SemlessDo~com Ke}. Allan Ekberg, Mayor 12/24/2021 ATTEST/AUTHENTICATED: e,ICInecl via SeemlessDo..com City Clerk, Christy O'Flaherty APPROVED AS TO FORM: eGignecl via SeemlessDo..com Key Office of the City Attorney Printed Name and tle: 4LEAF, Inc Address: 2126 Rheem Drive Pleasanton, CA 94588 CA Revised May 2020 Page 4 of 4 4LEAF, INC. PLAN CHECK . BUILDING INSPECTION . PLANNING EXHIBITS A & B Ty Fire IIr"tIIrlent: Fire liuIIIIII . IAC p r III 1]U n Sair I""' III C DATE: 4LEAF JOB No.: PROPOSAL No.: PROJECT(S): PRINCIPAL PM: CONTRACT # 12/13/21 TBD 4686 City of Tukwila Fi Craig Tole TBD Plan Check Services & Inspection Services ITEM: I Fire Plan Check Fire Plan Check 4LEAF Personnel Jim Aldrich Total Hours 422 Hourly FEE $90 ESTIMATED TOTAL $37,980 Preliminary Sub -Total of Services provided by 4LEAF S37,980 Preliminary Estimated Fees S37,980 Project Management Mark -up N/A $0 Total Preliminary Estimated Fees S37,980 Estimate is seeking a task order to provide Fire Plan Check Services for the City of Tukwila Fire Department. 4LEAF will provide personnel as approved and will be given specific tasks as assigned 4LEAF is proposing Jim Aldrich for this assignment. This is a straight time estimate. 4LEAF will bill on a time and materials basis and invoice the City monthly. If overtime is requested 4LEAF will bill 1.5x the hourly rate, upon request. Staff is subject to change with approval from client. The level of effort for this assignment is up to 40 hours per week for approximately six months. Any hours over the proposed amount will require a change order. Field visits will require a four how minimum charge billed in four how increments.