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HomeMy WebLinkAboutAG 22-078 - 4LEAF, INC.RETURN TO: Kari Cimmer EXT: x2629 I II CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./D1V: COMMUNITY DEVELOPMENT / BUILDING 2. ORIGINATING STAFF PERSON: SCOTT SPROUL EXT: 2633 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ® PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ CONTRACT AMENDMENT (AG#): ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ INTERLOCAL ❑ OTHER 5. PROJECTNAME: INSPECTION "B P15004 4&V+& SERVICES 6. NAME OF CONTRACTOR: 4LEAF, INC. ADDRESS: 2126 RHEEM DRIVE, PLEASANTON CA 94588 TELEPHONE: 925-462-5959 E-MAIL: CTOLF-04LEAFINC.COM MOBILE: 925-580-4055 SIGNATURE NAME: KEVIN DUGGAN TITLE: President 7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK, OR SERVICES E COMPENSATION 19 INSURANCE REQUIREMENTS/CERTIFICATE ® ALL OTHER REFERENCED EXHIBITS ® PROOF OF AUTHORITY TO SIGN ® REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: JUNE 30, 2024 9. TOTAL COMPENSATION $ 90�00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO I F YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ® NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETATNAGE AMOUNT: ❑ RETATNAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED M PURCHASING: PLEASE CHARGE TO: 001-5200-074-558-50-410 10. DOCUMENT/CONTRACT REVIEW Z PROJECT MANAGER N DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) Z LAW INITIAL/_DATE_ REVIEWED INITIAL/DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: N/A COMMITTEE APPROVAL. DATE: N/A SCHEDULED COUNCIL DATE: N/A COUNCIL APPROVAL DATE: N/A 12. CONTRACT SIGNATURE ROUTING 7/18/22 Z SENT TO VENDOR/CONTRACTOR DATE SENT: 7/5/22 DATE REC'D: M ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 21 CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED Z LAW DEPARTMENT M SIGNATORY (MAYOR OR DIRECTOR) ® CITY CLERK M ASSIGNED AG# COMMENTS: New vendor for CD's Building Division /1 7,Z AG# -►� $ CITY OF CITY HALL Fe d e ra I Wa_Y Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.dtyoffederalway.com PROFESSIONAL SERVICES AGREEMENT FOR INSPECTION SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and 4Leaf, Inc., a California corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: 4LEAF, INC.: Craig Tole 1201 Pacific Avenue, Suite 600 Tacoma, WA 98402 (925) 580-4055 (telephone) Ctole(a).4leafinc. com The Parties agree as follows: CITY OF FEDERAL WAY: ScottSproul 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 253-835-2633 (telephone) Scott. Sproul(a,cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2024 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Tenn. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon PSA — 4Leaf, Inc. - 1 - Rev. 7/2021 1%CFederal CITY HALL `� 33325 8th Avenue South �d a Federal Way, WA 98003-6325 (253) 835-7000 w►inv. ciryotfederal way. com completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City_Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation. their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PSA — 4Leaf, Inc. - 2 - Rev. 7/2021 CITY OF CITY HALL At Federal ederal Wa y 33325 8th Avenue South Y Federal Way, WA 98003-6325 (253) 835-7000 www. cltyoffederaf way. corn 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. S. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PSA — 4Leaf, Inc. - 3 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. cf" ffedera f way. corn 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. U GENERAL PROVISIONS. 13.1 interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and PSA — 4Leaf, Inc. - 4 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mm.. cftyofiederohvay con) effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the Iaws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attomey's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shal I only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PSA — 4Leaf, Inc. - 5 - Rev. 7/2021 CITY OF CITY HALL At 33325 Fe d e ra I Way South Federal l enue W aAy, WA 8003-6325 Feder (253) 835-7000 www..CIiyoffederalWa)! com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: R r SrKn' Davis, In r'im City Administrator DATE: 711 q 122 4LEAF, INC.: By: Printed Name: YJ fin.Duggan Title: President DATE: �I 1� [ 2- STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: hay ie Courtney, CMC, City er APPROVED AS TO FORM: P ++ !P b Ryan tall, City Attorn On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrurrip- � of � gee and voluntary act and deed of said corporation, S for the uses and purposes therein mA�'' �q stated that he/she was authorized to execute said instrument and that the ea �e SOT a�'t� 5 g�a �Ya w.c seal of said corporation. G1Vl See �Q� MC. dug. seal this day of , 2022. �U Notary's signature Notary's printed name Notary Public in and for the State of California. My commission expires PSA — 4Leaf, Inc. - 6 - Rev. 7/2021 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California i County of AIamedeL _ !} On _jyXy 1%,2AM7_ before me, Lonna hp+vtN &6+, Date Here ruse Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GIA4NA SLINGER Notary Pubiic - California -� Alameda County My Commission ; 2347241 Comm. Expires Feb 16. 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of N tary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CITY OF All 400S� Federal Way EXHIBIT A SERVICES The Contractor shall do or provide the following: Insyectfon Services: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. atyoffederafway. com The Contractor shall provide one or more International Code Council (ICC) certified building, plumbing, mechanical, electrical, or other ICC inspectors having the knowledge to perform specified inspections, in order to perform on -call inspection services for the City. The experience and qualifications of each such individual must be reviewed and approved in advance by the City's Building Official, or his designee. The hourly rate shall be as specific in Table B of Exhibit B. Contractor inspectors may be utilized on a part-time, full-time, or periodic basis. Contractor inspection staff will provide daily inspection results to designated City staff by 3:30 p.m. of each inspection day. This Section left intentionally blank. PSA — 4Leaf, Inc. - 7 - Rev. 7/2021 Y OF Federal Vila 00 y EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.. cftyoffedera l way. com Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Ninety Thousand and NO/100 Dollars ($90,000.00). Hourly rates In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown in Table A: 2022-2024 FEE SCHEDULE & BASIS OF CHARGES For the City of Federal Way All Rates are Subject to Basis of Charges (below) Table A Staff Augmentation Building Department Services 2022 calendar year 2023 calendar year 2024 calendar year Senior Combination Building Inspector (Building Inspector III) $95/hour $98/hour $101/hour Commercial Building Inspector (Building Inspector II) $85/hour $88/hour $90/hour Residential Building Inspector (Building Inspector I) $75/hour $78/hour $80/hour Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel. The rates listed in this Exhibit will not change unless approved through an amendment of this contract. BASIS OF CHARGES Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. • All invoicing will be submitted monthly; payment due on receipt. • Staff Augmentation work is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) - Nighttime (work begun after 4PM or before 5AM) - Overtime (over 8-hour M-F or Saturdays) - Overtime (over 8 hours Sat or 1St 8-hour Sun) - Overtime (over 8 hours Sun or Holidays) Overtime will only be billed with prior authorization of the Department Director, or other responsible designated City personnel All billable expenses will be charged at cost without mark-up. Reimbursable .fix eases 1 x hourly rate 1.125 x hourly rate 1.5 x hourly rate 2 x hourly rate 3 x hourly rate Building Official, Community Development The actual customary and incidental expenses incurred by Contractor in performing the Services including postage, UPS/FedEx, and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion. The Contractor may submit an invoice for reimbursable expenses using Table B. Actual cost without mark-up shall be documented. Table B Reimbursable Costs Mileage Current IRS Mileage Reimbursement Rate Reimbursable Ex enses Actual cost without mark-up PSA — 4Leaf, Inc. -8- Rev. 7/2021 \/Vashl'ngton State Departi-nent of Revenue < Business Lookup License Information: Entity name: 4LEAF, INC. Business 4LEAF, INC. name: Entity type: UBI #: Profit Corporation 603-292-102 Business ID: 001 Location ID: 0001 Location: Active Location address: 1201 PACIFIC AVE STE 600 TACOMA WA 98402-4384 Mailing address: 2126 RHEEM DR PLEASANTON CA 94588-2775 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held a License # Count Details v Status New search Back to results Expiratioi First issua Endorsements held z License # Count I Burien General 11851 Business - Non - Resident Enumclaw General CUST000( Business - Non - Resident Federal Way General Business - Non -Resident Issaquah General Business - Non - Resident Mercer Island 190403 General Business - Non -Resident Details Status Expiratioi First issue Active Apr-30-2( Feb-04-2( Active Apr-30-2( Sep-18-21 Active May-31-2 May-1 1-2 Active Apr-30-2( Jul-01-20 Active Apr-30=2( Oct-09-2( Governing People May include governing people not registered with Secretary o/ State Governing people Title DUGGAN, KEVIN The Business Lookup information is updated nightly. Search date and time: 6/23/2022 9:06:49 AM 5/31/22, 9:50 AM Corporations and Charities System BUSINESS INFORMATION Business Name: 4LEAF, INC. UBI Number: 603 292 102 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1201 PACIFIC AVE STE 600, TACOMA, WA, 98402, UNITED STATES Principal Office Mailing Address: 2126 RHEEM DR, PLEASANTON, CA, 94588-2775, UNITED STATES Expiration Date: 04/30/2023 Jurisdiction: UNITED STATES, CALIFORNIA Formation/ Registration Date: 04/16/2013 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROFESSIONAL, SCIENTIFIC & TECHNICAL SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: INCORP SERVICES, INC. Street Address: 4505 PACIFIC HWY E STE C-2, FIFE, WA, 98424, UNITED STATES Mailing Address: 4505 PACIFIC HWY E STE C-2, FIFE, WA, 98424, UNITED STATES GOVERNORS Title GOVERNOR Governors Type INDIVIDUAL Entity Name First Name Last Name DUGGAN https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1 /1 4LEAINC-01 ,a►�oRO CERTIFICATE OF LIABILITY INSURANCE I DATE (M5/1112022M/DDNM) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). _ PRODUCER License # OC41366 CONTACT NAME'_ — Granite Professional Insurance Brokerage, Inc. PHO Ho,eldl; tji2Sj 462-8400 , Ne}:(S 5) 462-8888 360 Lindbergh Avenue E-MAIL ss; Comm -- Livermore, CA 94551 ADOREercialftranfteins.com INSURED 4LEAF, Inc. 2126 Rheem Dr Pleasanton, CA 94588 INSURER F Travelers of America THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR ADDL SUBR POLICY EFF POLICY EXP TR TYPE OF INSURANCE INSD WVD POLICY NUMBER WMIDDrYYYYI rMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LWBILnY EACH OCCURRENCE S I'M0,000 CLAIMS -MADE 1 X OCCUR X X 16800J268455 4/9/2022 419/2023 OAM IGESORENTFD s 1,000,00C ..MED EXP (PLny ona,pe[mn] PERSONAL A ADV INJURY. 1,000 2,000 • GENI AGGREGATE LIMIT APPLIES X � PE O PER: f l LOC GENERAL AGGREGATE PRODUCTS - COMPIOP AGG_.i S S 2�000 OTHER: AUTOMOBILE LIABILITY� COMBINED SINGLE LUFT aoc .I f X ANY AUTO X X 8107RO25623 4/9/2022 4/9/2023 BODILY INJURY f%16.1 s OWNED SCHEDULED AUTOS ONLY rx AUTOS BODILY INJURY Para=Iden $ , AUTOS ONLY X AUUTOS ONLY PROPERTY acEcidentDAMAGE s B X UMBRELLA LIAB F X OCCUR EXCESS LIAB CLAIMS -MADE DED RETENTION $ CUP1S364055 4/9/2022 4/9/2023 EACH OCCURRENCE S AGGREGATE S WORKERS OT 1 AND EMPPLOYERW LIA$IL,, YIN 3�TA �LRF ANY PROPRIE-TORIPARTNERIE,YECUTI.'I: E.L. EACRACCIDENT S FFECERIMEMB R EXCLUDED' N / A Aandalory Ia 1 E.i.- 131SEASE - EA EMPLOYEE S IS yes describe under DESCRIPTION OF OPERATIONS below _ _ E,L- DISEASE -POLICY L1M1T $ C Professional Liab MKLV7PL0005281 4/9/2022 4/9/2023 Each Claim C MKLV7PL0005281 4/9/2022 4/9/2023 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS + VEHICLES (ACORD 101, Additional Re-wks Schedule, maybe attached if more space Is required) The attached forms apply as required per written contractor written agreements between the listed parties and the insured, which are subject to the policy provisions. In the absence of such written contract or written agreement the attached form may not be applicable. All operations of the named insured. Certificate holder is named as additional insured to General Liability and Automobile Liability policies per attached endorsements CG D3 81 09 15 and CA T3 53 02 15. Waiver of Subrogation applies to General Liability per endorsement CG D3 81 09 15. Waiver of Subrogation applies to Auto Liability per endorsement CA T3 53 02 15. City of Federal Way is Additional Insured as respects to General Liability and Automobile Liability policy per attached endorsements CG D3 81 09 15 and CA SEE ATTACHED ACORD 101 City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • RECEIVED Washington State Department of Labor and Industries p "�T� U. Jun 24 2022 Due date: Workers' Compensation CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT APR 30, 2022 Employer's Quarterly Report Worksheet Report is for quarter: Find out how to file online next time by going to: QuarterlyReports.Lni.wa*v 221 Use PAC code: WA Unified Business Identifier (UBI): 4) 603 292 102 Policyholder: L8d Account ID: 262,180-00 4LEAF, INC O 2126 RHEEM DR PLEASANTON CA 94588 Make all checks payable to the Department of Labor & Industries. Payment must be postmarked by due date above. Your business currently has optional workers' compensation coverage tt� for owners, partners, corporate officers, or LLC members. ❑ Yes [z If marked yes, remember to include these hours in the class worked. Enter total worker hours for each class to calculate the premiums you ovilhis quarter. 1 Class Code 2 Class Code Description 3 Gross Payroll z Worker Hours X 5 Your Rate = 6 Premium 4903-10 Inspection of Buildings 42,579.00 O 840 .461 387.24 5301-12 Management Analyst Svcs 0.000 0 .2167 0.00 AW, �1 A00 W U 14 i) 7 Subtotal 387.24 tH W 8 Subtract any existing L81 credit Preparer's information: 9 Add any previous balance you owed Preparer (First, Last) Employer Copy 10 Add any late Daytime Phone N penalties you owe` 0.00 224 857-5989 .� E-mail 11 Add any late interest you owe* 0.00 TaxFiling@paylocity.com Vl 12 Amount due 387.24 H AGENCY CUSTOMER ID: 4LEAINC-01 LOC M 1 A`RO" ADDITIONAL REMARKS SCHEDULE GENCY License # OC41366 NAMED INSURED ,anite Professional Insurance Brokerage, Inc. 4LEAF Inc. 2125 R6em Dr XICY NUMBER Pleasanton, CA 94588 -E PAGE 1 ARRIER NAIC CODE :E PAGE 1 SEE P 1 EFFECTIVE DATE:EJEPAGE 1 DDITIONAL REMARKS MINEDI Page 1 of 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: T3 53 02 15. Primary & Non -Contributory applies to General Liability policy per attached endorsement CIS D3 81 09 15. Primary & Non -Contributory applies to Automobile Liability policy per attached endorsement CA T4 74 02 16. Waivers of Subrogation apply to General Liability and Automobile Liability policies per attached endorsements CG D3 81 09 15 and CA T3 53 02 15. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY # 8107RO25623 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II — COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II - COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (Ili) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included "s ERAGE _ INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver fora period of 30 days or less (c) This insurance is not a substitute for re - and that is not an auto' you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or 'loss" ap- plies only when the "accident' or 'loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for 'loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or "loss", provided that the "accident' or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number 680OJ268455 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or"personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, orthe "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period, Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission Kari Cimmer From: Tysh Solis <tsolis@41eafinc.com> Sent: Friday, June 24, 2022 9:03 AM To: Kari Cimmer Cc: Lowell Brown; Edwin Minassian (eminassian@graniteins.com) Subject: RE: 4LEAF W-9, COI & Fee Schedule [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hi Kari, This is the note that our Insurance Executive, Edwin, (cc'd here) included with this COI: — I added the language "Excess Liability Follows Form" to show that the Excess Liability provides Excess layers of Liability over the underlying General Liability and as such will satisfy the $2,000,000 each occurrence requirement below. I hope this will satisfy the requirement. If it does not, please feel free to reach out to Edwin and he will be able to help you. I am off today but will respond to emails should you need anything more. Kindest Regards, Tysh Solis Account Services / Contracts Administrator 4LEAF, Inc. 2126 Rheem Drive Pleasanton, CA 94588 tsolis@41eafinc.com (209) 968-1161 Cell - Direct (925) 462-5959 x 261 Office From: Kari Cimmer <Kari.Cimmer@cityoffederalway.com> Sent: Friday, June 24, 2022 8:28 AM To: Tysh Solis <tsolis@4leafinc.com> Cc: Lowell Brown < [brown @4leafinc.com> Subject: RE: 4LEAF W-9, COI & Fee Schedule Good morning, I wanted to give you a heads up that the COI doesn't meet the City's minimum requirement for Commercial General Liability. The Each Occurrence minimum is $2 million. Is this the part your insurance company is still working on ? If so, I'll still need a copy of the COI reflecting that change. Thank you! 1 -Karl From: Tysh Solis <tsolis@4leafinc.com> Sent: Thursday, June 23, 2022 5:11 PM To: Kari Cimmer <Kari.Cimmer@cityoffederalway.com> Cc: Lowell Brown <Ibrown@41eafinc.com> Subject: RE: 4LEAF W-9, COI & Fee Schedule [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hi Kari, Here is the 4LEAF COI. I have also attached our Worker Comp info for you. Let me know if you need anything else. Kindest Regards, Tysh Solis Account Services / Contracts Administrator 4LEAF, Inc. 2126 Rheem Drive Pleasanton, CA 94588 tsolis@41eafinc.com (209) 968-1161 Cell - Direct (925) 462-5959 x 261 Office 0 From: Kari Cimmer <Kari.Cimmer@cityoffederalway.com> Sent: Thursday, June 23, 2022 3:36 PM To: Tysh Solis <tsolis@41eafinc.corn> Cc: Scott Sproul <Scott.5prou!@cityoffederalway.cam> Subject: RE: 4LEAF W-9, COI & Fee Schedule Brilliant! Thank you! I'll get the contract routed to Law this afternoon! From: Tysh Solis <tsolis@41eafinc.com> Sent: Thursday, June 23, 2022 2:29 PM To: Kari Cimmer <Kari.Cimmer@cityoffedera!way.com> Cc: Scott Sproul <Scott.Sproul@cityoffedera!way.com> Subject: RE: 4LEAF W-9, COI & Fee Schedule [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when