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HomeMy WebLinkAbout12-048 - BAI Services - 2012-2013 Minor Home Repair (Lead Paint Evaluation) / Human ServicesContract No. 12-048 CONTRACT FOR SERVICES Council Approval NIA This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and BAI Services hereinafter referred to as "the Contractor whose principal office is located at 6508 Dash Point Blvd. NE, Tacoma, WA 98422. WHEREAS, the City entered into an agreement with King County (the "County to receive Community Development Block Grant ("CDBG funds for the purpose of implementing eligible activities as applicable under the Housing and Community Development Act, the National Affordable Housing Act, Housing and Urban Development regulations, State laws, and/or adopted County ordinances; and WHEREAS, the agreement with the County allows the City to enter into subcontracts for the purpose of implementing such eligible activities; WHEREAS, the City has determined the need to have certain services performed for its citizens pursuant to the agreement with the County, 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 Pavment. 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 $5,000 at a rate of $85 per hour per field visit plus .55 per mile for travel and transportation within the project county areas, and report writing and transmittal $65.00. per hour per project. Samples for Air and bulk testing will be held to $20.50 each for both Asbestos Lead. 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. CADocuments and Settings \Scott\Desktop\BAI Services Master File \BAI Services Master Folder \Clients 2012 \City of Tukwila\K Contract for Services with BAI Services.doc kn 4/27/2012 Page l of 9 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing P PRI t_ 9-'i 201 and ending December 31, 20 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 indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. In addition, the Contractor shall protect defend indemnify, and hold harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employee, and/or agents in connection with, or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Agreement and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph. 7. Insurance. A. By the date of execution of this Agreement, the Contractor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees and /or contractor /subcontractors. The Contractor or contractor /subcontractor shall pay the costs of such insurance. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, contractor /subcontractors, providers and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Agreement. CA\Documents and Settings \Scott\Desktop\BAI Services Master File \BAI Services Master Folder \Clients 2012 \City of Tukwila \K Contract for Services with BAl Services.doc 4/27/2012 Page 2 of 9 Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior City approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained in this provision shall affect and/or alter the application of any other provision contained within this Agreement. B. Minimum Scope of Insurance. Coverage shall be at least as broad as the following: 1. General Liability Insurance Services Office form number (CG 00 01) covering COMMERCIAL GENERAL LIABILITY. 2. Professional Liability, Errors and Omissions Coverage In the event that services delivered pursuant to this Agreement either directly or indirectly involve or require professional services, Professional Liability, Errors and Omissions coverage shall be provided. "Professional Services for the purpose of this Agreement section, shall mean any services provided by a licensed professional or those services that require a professional standard of care. 3. Automobile Liability Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol I "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. 6. Property Insurance Insurance Services Office form number (CP 00 10) covering BUILDING AND PERSONAL PROPERTY COVERAGE and Insurance Services Office form number (CP 10 30) CAUSES OF LOSS SPECIAL FORM or project appropriate equivalent. 7. Builder's Risk/Installation Floater CADocuments and Settings \Scott\Desktop\BAI Services Master File \BAI Services Master Folder \Clients 2012 \City of Tukwila\K Contract for Services with BAI Services.doc kn 4/27/2012 Page 3 of 9 The Contractor shall procure and maintain during the life of the Contract, or until acceptance of the project by King County, whichever is longer, "All Risk" Builders Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk Coverage Form) with ISO form number CP0030 (Causes of Loss Special Form) including coverage for collapse, theft and property in transit. The coverage shall insure for direct physical loss to property of the entire construction project, for one hundred percent of the replacement value thereof. The policy shall be endorsed to cover the interests, as they may appear, of King County, Owner, Contractor and subcontractors of all tiers with King County listed as a loss payee. C. Minimum Limits of Insurance Services Agreements: The Contractor shall maintain limits no less than the following: 1. Commercial General Liability: $1,000.000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2.000.000 in the aggregate. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Professional Liability, Errors Omissions: $1,000,000, Per Claim and in the Aggregate. 4. Workers Compensation: Statutory requirements of the State of Residency. 5. Stop Gap or Employers Liability Coverage: $1,000,000. D. Deductibles and Self- Insured Retentions Any deductibles or self insured retentions must be declared to, and approved by, the City. The deductible and/or self insured retention of the policies shall not apply to the Contractor's liability to the City and shall be the sole responsibility of the Contractor. E. Other Insurance Provisions The insurance policies required in this Agreement are to contain, or be endorsed to contain, the following provisions: All Liability Policies except Professional and Workers Compensation. a. The City, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor /Contractor in connection with this Agreement. Such coverage shall include Products Completed Operations. b. To the extent of the Contractor's /Contractor's negligence, the Contractor's/ Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and agents. Any insurance and/or self insurance maintained by the City, its officers, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. CA\Documents and Settings \Scott\Desktop \BAI Services Master File \BAI Services Master Folder \Clients 2012 \City of Tukwila \K Contract for Services with BAI Services.doc 4/27/2012 Page 4 of 9 c. The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. Property Coverage Policies a. The City shall be added to all Property Coverage Policies as a loss payee as its interests may appear. b. The City shall be added as a Named Insured as their interests may appear to all Builders Risk policies. 3. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days prior written notice has been given to the City. F. Acceptability of Insurers Unless otherwise approved by the City, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B +VII. Any exception must be approved by the City. If, at any time, the foregoing policies shall fail to meet the above requirements, the Contractor shall, upon notice to that effect from the City, promptly obtain a new policy, and shall submit the same to the Cotu, with appropriate certificates and endorsements, for approval. G. Verification of Coverage The Contractor shall furnish the City with required certificates of insurance and endorsements within fifteen (15) days of execution of this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the City prior to the commencement of activities associated with the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. 8. Record Keening and Re>norting. 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. CADocuments and Settings \Scott\Desktop\BAI Services Master Fi1e\BA1 Services Master Folder \Clients 2012 \City of Tukwila \K Contract for Services with BA] Services.doc kn 4/27/2012 Page 5 of 9 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 by the City and the County. 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. A. Nondiscrimination in Employment Provision of Services. To the extent prohibited by King County Code "KCC Chapter 12.16 or 12.17, during the performance of this Agreement, neither the Contractor nor any party subcontracting under the authority of this Agreement shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. B. Compliance with Laws and Regulations. The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, Presidential Executive Orders and regulations that prohibit discrimination to the extent applicable. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. In addition, King County Code chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code chapters shall specifically apply to this contract, to the full extent applicable. The Contractor shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the agreement documents. C. Equal Employment Opportunity Efforts. The Contractor shall undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. The Contractor's equal employment opportunity efforts shall include but not be limited to, the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.j. "equal employment opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. D. Sanctions for Violations. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by the Agreement and by applicable law. E. Additional Federal Nondiscrimination Requirements. The Contractor shall comply with all applicable federal laws prohibiting discrimination, including the following: C:\Documents and Settings \Scott\Desktop\BA] Services Master Fi1e \BA1 Services Master Folder \Clients 2012 \City of Tukwila \K Contract for Services with BAI Services.doc 4/27/2012 Page 6 of 9 1. Presidential Executive Order 11063 as amended and implementing regulations at 24 CFR Part 107; 2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301); 3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225); and 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. F. Prohibited Discriminatory Actions 1. Except where expressly authorized by federal law, the Contractor may not, under any program or activity to which this Agreement applies, directly or through contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Discriminatory actions may include but are not limited to the following: a. Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity; b. Denying any person services due to limited English proficiency; c. Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity; d. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity; e. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; f. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; g. Denying any person any opportunity to participate in a program or activity as an employee; and h. Failing to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities and failure to remove architectural and communication barriers that are structural in nature in existing facilities, where such removal can be accomplished without difficulty and expense. 2. The Contractor shall not utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination on the basis of age, color, familial status, nationality, race, religion, sex, or sexual orientation; or mental, physical, or sensory disability; or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular age, color, familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or sensory disability. 3. The Contractor, in determining the site or location of housing or facilities provided in whole or in part with funds under this Contract, may not make selections of such site or location which have the effect CADocuments and Settings \Scott\Desktop\BAI Services Master File \BAT Services Master Folder \Clients 2012 \City of Tukwila \K Contract for Services with BAI Services.doc kn 4/27/2012 Page 7 of 9 of excluding individuals, denying them benefits, or subjecting them to discrimination on the grounds of age, sex, marital status, familial status, religion, race, creed, color, sexual orientation, nationality, or the presence of any sensory, mental or physical disability; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the HCD Act or of the HUD Regulations. 12. No Conflict of Interest. The Contractor shall abide by the provision of 24 CFR 84.42 and 570.611, if applicable, and by the following: 1. The City shall maintain a written code or standards of conduct that shall govern the performance of its officer, employees or agents engaged in the award and administration of contracts supported by funds under this Agreement; 2. No employee, director, officer or agent of the City shall participate in the selection or in the award, or administration of a contract supported by funds under this Agreement if a conflict of interest, real or apparent, would be involved. By way of example, such a conflict would arise if such a person, or his or her employer, immediate family member or partner has financial or other interest in the entity selected; and No covered persons who exercise or have exercised any functions or responsibilities with respect to any Contract assisted activities, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may have or obtain a financial interest in any contract, subcontract or agreement regarding a Contract assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure and for one year thereafter. For purposes of this paragraph, "covered persons" includes any person who is an employee, agent, consultant, officer, or director of the Contractor or the City. 13. Assienment 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. 14. County App roval. This Agreement is subject to approval by the County. Said approval must be sought in writing by the Contractor not less than fifteen (15) business days prior to the date of any proposed assignment, transfer or subcontract. The City shall deliver to the County with its request for consent, such information regarding the Contractor, including its proposed mission, legal status, and financial and management capabilities as is reasonably available to the City. Within fifteen (15) days after such request for consent, King County may reasonably request additional available information on the Contractor. If the County shall give its consent, this Section shall nevertheless continue in full force and effect. Any assignment, transfer or subcontract without prior County consent shall be void. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either parry may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. CA\Documents and Settings \Scott\Desktop \BA] Services Master File \BAI Services Master Folder \Clients 2012 \City of Tukwila \K Contract for Services with BA] Services.doc 4/27/2012 Page 8 of 9 16. 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. 15. Applicable Law: Venue; Attornev'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. DATED this t 2,5 day of ,20 /2. CITY OF TUKWILA CONTRACTOR: BAM B G ERM i -rKG By 5 �a B Title: Haggerto or Title: F AT ST/, TH CATED: /,q O4 Printed Name: �C-oQ r �q Christy O'Flah NIIVIC, City Clerk ,/f Address: �o S o F) AS l�V APPROVED AS TO FORM: A G0 M A \A A 9 9 Office of the City Attorney Date approved by City Council: B a �Q� (Applicable if contract amount is over $40,060) CADocuments and Settings \Scott\Desktop\BAI Services Master File\BAI Services Master Folder \Clients 2012 \City of Tukwila \K Contract for Services with BAI Smices.doc kn 4/27/2012 Page 9 of 9 EXHIBIT A On request, Contractor will provide lead based evaluation services to the cities of Tukwila, SeaTac, Covington, Des Moines and Pacific, through the Tukwila, SeaTac, Covington, Des Moines, Pacific Minor Home Repair program. Contractor will review the proposed scope of work to be completed and make recommendations regarding the level of Asbestos and or lead based paint to be disturbed, and the course of action to either complete or refer the job to King County. Contractor will also, as requested, coordinate clearance and provide clearance test results to King County Housing and Community Development Staff as well as home repair managers from the respective cities. Contractor will complete required paperwork, as supplied by the home repair managers and bill the City of Tukwila after each evaluation is completed. G- EXHIBIT B COMPENSATION AND METHOD OF PAYMENT BAI Services Inc. will bill the City of Tukwila for hazardous materials evaluative service at $85 hourly of field work plus .55 for mileage per federal rate for transportation cost under the contract. Samples will be billed at an additional $20.50 per sample for asbestos lead only. Any other hazardous materials identification required in the field other then asbestos or lead will be submitted to the City of Tukwila and approved of in advance of work being conducted or samples being collected for analysis by written change order request on BAI Services Inc. change order forms and will be provided with invoices. BAI Services Inc. will invoice the City of Tukwila, care of the Human Services Office, on a per job basis for all the participating municipalities identified in exhibit "A Terms of payment are net 15 days from receipt.