HomeMy WebLinkAboutCED On-Call Building Plan Review and Inspection Consulting Services Agreement; 4 Leaf____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: October 21, 2024
Disposition: Authorized the City Manager to enter into a Professional Services Agreement with
4LEAF, Inc., for on-call building plan review and inspection consulting services in an amount not
to exceed $100,000
Agenda Item No: 5.c
Meeting Date: October 21, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development Department
Prepared by: Micah Hinkle,
Community & Economic
Development Director
City Manager Approval: ______________
TOPIC: ON-CALL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
AGREEMENT
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR ON-CALL
BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES IN AN
AMOUNT NOT TO EXCEED $100,000.
RECOMMENDATION:
Authorize the City Manager to enter into a Professional Services Agreement with 4LEAF, Inc., for on-call
building plan review and inspection consulting services in an amount not to exceed $100,000.
BACKGROUND:
The building plan review is critical to the building permit review process and requires specialized skills,
experience, and certifications. Over the past decade, the City has effectively utilized specialized
consulting service providers to supplement plan reviews by City building division staff. To meet the ebbs
and flows of permit and development activity, the City has utilized three consulting firms to address City
needs. 4LEAF, Inc. is one of three consulting firms currently providing these services. As San Rafael
continues to receive an increased number of development applications and construction applications that
are more complex (multi-family housing / mixed-use commercial), the department continues to need
assistance from specialized consulting firms.
ANALYSIS:
4LEAF, Inc. provides building and inspection services for over 200 local jurisdictions and continues to
grow and expand its services beyond California. 4LEAF, Inc. is the newest building and inspection service
provider supporting the City of San Rafael, and their additional firm capacity and capabilities have
supported the building department permit pipeline and staffing needs in times when there is a high volume
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
of permits that need to be processed. This agreement is important so that staff can focus on other
priorities and key objectives during peak times.
Staff is seeking to extend the on-call building plan review and inspection consulting services with 4LEAF,
Inc., through December 2025, with a total contract not to exceed $100,000. This will cover existing
commitments for services and allow staff to request assistance from the firm as needed for staffing
augmentation and fill short-term staffing gaps should they materialize. The Community and Economic
Development (CED) Assistant Director and Chief Building Official will review and approve each project,
scope of work, and cost estimates, as needed. Copies of the draft Professional Services Agreement
(Attachment 1) and associated cost estimates are attached (Attachment 2).
Services from 4LEAF was sought out to supplement the other vendors because of the shortage of
inspectors and, especially for, permit technicians across the industry. CDED needs to have the flexibility
to secure temporary staff on short notice as workloads ebb and flow.
FISCAL IMPACT:
The total not-to-exceed amount of the agreement is $100,000. City-initiated projects would be funded
through funding available appropriations within the Community and Economic Development
Department’s professional services budget. Services for building permit review would be paid for through
developer permit fees.
OPTIONS:
The City Council has the following options to consider on this matter:
1.Authorize the City Manager to enter into the agreement;
2.Authorize the City Manager to enter into the agreement with modifications;
3.Direct staff to return with more information; or
4.Take no action.
RECOMMENDED ACTION:
Authorize the City Manager to enter into a Professional Services Agreement with 4LEAF, Inc., for on-call
building plan review and inspection consulting services in an amount not to exceed $100,000.
ATTACHMENTS:
1.Professional Services Agreement with 4LEAF, Inc., for on-call consulting services.
2.4LEAF, Inc., Scope and Fee Schedule
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE CITY OF SAN RAFAEL
AND
4 LEAF, INC.
FOR ON CALL BUILDING CONSULTING SERVICES
This Agreement is made and entered into as of Oct 29, 2024 (the "Effective
Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation
(hereinafter "CITY"), and 4 LEAF, INC a California corporation (hereinafter "CONSULTANT").
CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the
"Parties" or the "Parties to this Agreement."
RECITALS
A. CITY desires to secure professional services more fully described in this
Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and
B. CONSULTANT represents that it, and its subcontractors, if any, have the
professional qualifications, expertise, and necessary licenses and desire to provide certain goods
and/or required services of the quality and type which meet objectives and requirements of CITY;
and
C. The Parties have specified herein the terms and conditions under which such
services will be provided and paid for.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
SERVICES TO BE PROVIDED.
Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall
furnish all technical and professional services, including labor, material, equipment,
transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily
complete the work required by CITY at its sole risk and expense. Services to be provided to CITY
are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT
acknowledges that the execution of this Agreement by CITY is predicated upon representations
made by CONSULTANT in that certain proposal, dated September 20, 2024 ("Proposal") set
forth in Exhibit A, which constitutes the basis for this Agreement.
2. COMPENSATION.
In consideration for CONSULTANT's complete performance of Services, CITY shall pay
CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit
rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed
Rev 0822
$100,000.
CONSULTANT will bill City on a monthly basis for Services provided by
CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay
CONSULTANT within thirty (30) days of City's receipt of invoice.
CONSULTANT will bill City for Services provided by CONSULTANT, subject to
verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of
invoice.
TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently
modified by a written amendment to this Agreement, the term of this Agreement shall begin on
the October 21, 2024 of this Agreement and terminate on December 31, 2025.
4. PROJECT COORDINATION.
A. CITY'S Project Manager. Assistant Community Development Director/ Chief
Building Official is hereby designated the PROJECT MANAGER for the CITY and said PROJECT
MANAGER shall supervise all aspects of the progress and execution of this Agreement.
B. CONSULTANT'S Project Director. CONSULTANT shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Giovanni Caponigro, is hereby designated as the PROJECT
DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution
of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT
shall notify the CITY within ten (10) business days of the substitution.
TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONSULTANT and any and all of CONSULTANT's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
v 08 22 2
CITY as soon as possible, but not later than thirty (30) days after termination.
6. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
7. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT shall frilly cooperate with CITY
or its agent in any such audit or inspection.
8. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
9. INSURANCE REOUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit B,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in Exhibit B.
10. INDEMNIFICATION.
A. Except as otherwise provided in subparagraph B of this section, CONSULTANT
shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by
CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the
"City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or
expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and
fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification
obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active
negligence or willful misconduct. In addition, the acceptance or approval of the
CONSULTANT's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the
v 08.22
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONSULTANT'S performance of or operations under this Agreement,
CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
11. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
12. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and
hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
13. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
08.22 4
14. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
To CITY's Project Manager: To CONSULTANT's Project Director:
Don Jeppson, Asst. CED Director/
Chief Building Official
1400 Fifth Avenue
San Rafael, CA 94901
15. INDEPENDENT CONTRACTOR.
Director: Giovanni Caponigro,
Business Development Associate
2126 Rheem Drive
Pleasanton, CA 94588
For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
16. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
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17. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
under this Agreement, any monies which CONSULTANT owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
18. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
20. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any
and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for
any work performed under this Agreement, until CONSULTANT has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification).
21. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective
successors and assigns.
22. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
23. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of counterparts,
v 08.22 6
each of which shall be deemed an original, but all of which together shall constitute one document.
Counterpart signature pages may be delivered by telecopier, email or other means of electronic
transmission.
[Signatures are on the following page.]
08.22 7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL:
Q�i2
Cristine AhlovilbklOct 29, 2024 09:00 PDT)
CRISTINE ALILOVICH, City Manager
APPROVED AS TO FORM:
Office of the City Attorney
_Robert T ceftsih
Robert F. Epstein (Oct 28, #024 17:42 PDT.,
By: ROBERT F. EPSTEIN, City Attorney
ATTEST:
City Clerk
Brehrra Narvni (for)
Brenna Nurmi (for) (Oct 29,202409:00 PDT)
LINDSAY LARA, City Cleric
08.22
CONSULTANT: 4LEAF, Inc.
By:
Name: Kevin Dugg
Title: President / Secretary
[If CONSULTANT is a corporation, add
signature of second corporate officer]
By:
Name: ene Barry
Title: Vice President
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for CITY by CONSULTANT under this Agreement are more fully
described in CONSULTANT's proposal, which is attached to this Exhibit A.
Rev. 08 22 A-1
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide professional services for the review of proposed building
plans for conformance to regulations contained in the state mandated building, energy,
plumbing, mechanical and electrical codes, as these codes are adopted by the CITY.
The CONSULTANT services for this review shall include the
following scope: Plan Review:
• Provide the CITY with a typed list of items needing clarification or change to
achieve conformance with the above regulations.
• Perform all necessary liaisons with the applicant's designee and perform all
necessary rechecks to achieve conformance to the regulations.
• Perform all necessary liaison with the Chief Building Official or his designee, to
ensure compliance with compliance with local policy interpretations related to
subject reviews.
• Perform plan review on revisions to plans that have previously been approved for
permit issuance.
In addition, the CONSULTANT shall be available to provide the following services on an "as
needed" basis:
• Provide qualified, certified building inspector(s) capable of performing light
commercial or residential inspections.
• Provide qualified, certified permit technicians capable of performing essential
duties.
• Provide a qualified individual to perform residential and light commercial
plan review plan review and permit service.
• Perform extra work when requested in writing by the CITY.
Further, CONSULTANT agrees to provide adequate resources to achieve the following
service delivery goals for timely performance of the work over which the
CONSULTANT has decision authority:
Project Type
New or remodeled, low-rise residential
construction or additions
Light commercial new construction, additions and
tenant improvements
Large commercial or residential multifamily new
construction projects
Rechecks
Service Goal
Complete initial review within 10 working days
Complete initial review within 10 working days
Complete initial review within 15 working days
Complete review within 7 working days
4LEAE INC.
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FEE SCHEDULE
FY2024-2025 FEE SCHEDULE & UASIS OF CHARGES
FOR THE CITY OF SAN RAFAEL
All Rates are Subject to Basis of Charges
Plan Review Percentage: 65%
Public Improvement Review Percentage: 50%
Hourly Plan Review: $140 Non -Structural Review
$160 Structural Review
MWELO Landscape Plan Review Package (initial review
and coordination, I recheck, and certificate of
completion parts 1-6): $980
Fee includes:
> Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
i Shipping, courier, and electronic service.
Buil ing& Fire
PermitManager ............ _.............................................. _............... _.... ._---------------------
-.----- -------- ---- $120/hour
SeniorPermit Technician ................... ......................•...--------------------- ------ ------------------
------ - ---- - -------- $100/hour
PermitTechnician....-----•-------•-----------------------------------------•--------•---•----•--•----•-------•----•--•......--•---------------$90/hour
Clerk/Administrator ............................................................................................................................$80/hour
ChiefBuilding Official.........................................................................................................................$170/hour
Senior Combination Building Inspector (Building Inspector III) .. ............ ...............................
_....._.$135/hour
Commercial Building Inspector (Building Inspector II) ...... ............. ..------- ------------------
------- -------------- $115/hour
Residential Building Inspector (Building Inspector 1)............. .------------ _---------- ._
------------ ---------- --------- $98/hour
Civil Plan Review (Grading, Improvement Plans) ........................ ........ ........ ---
----------- ----- ----- ........ $170/hour
Structural Plan Review Engineer ............................................. _......................
................................... $160/hour
Non -Structural Plans Examiner..........................................................................................................$140/hour
FirePrevention Officer ............................. .......... .......... .................. --.............
............................ $155/hour
Fire Protection Engineer(FPE)...................................... I-- ------- --- ......... _...............
....................... $205/hour
FirePlans Examiner ......................................... ..................................... ..............................................
$145/hour
FireInspector II............................................................................................................................-.....$125/hour
FireInspector 1.................................................................. ............ ---....
_.... _........... _.............. $115/hour
InspectorofRecord ............................. ...............................................................................................
$160Jhour
PublicWorks Inspector ........................ .................................._...- ...... ..... _.............
.... - ................ .... $155/hour
DSA Class 1 J OSHPD A Inspector ................. ......... ............. .._..-.... ........................................
--•.... ..... $155/hour
DSA Class 2 / OSHPD B Inspector ........... ........................... ..........................................
_.............. $115/hour
DSA Class 3 J OSHPD C Inspector ......... •...................•----...............•.........---.......--------..........--....---------$105/hour
Certified Access Specialist(CASp)..--•-•................... ------...................... ----...............
............ ------------$170Jhour
GoFormzSoftvrare---------------------------------------------•----......---...-....-.---....----.....-..------------------------- $50/user monthly
Hourly overtime charge per inspector ------------------------------- -------- ------------------------------------------ -... 1.5 x hourly rate
Mileage (for inspections performed within the City)...................................................-.--.......... IRS Rate + 20%
City of San Rafael Page I
Fee S&-edide September 20, 2024
4LEAF.INC.
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FEES HEDULE
FY2024-2025 FEE SCHEDULE & HASIS OF CHARGES
FOR THE CITY OF SAN R.,IFAEL
All Rates are Subject to Basis of Charges
Plan Review Percentage: 65%
Public Improvement Review Percentage: 50%
Hourly Plan Review- $140 Non -Structural Review
$160 Structural Review
MWELO Landscape Plan Review Package (initial review
and coordination,1 recheck, and certificate of
completion parts 1-6): $980
Fee includes:
➢ Initial review and two (2) rechecks_ Hourly
charges apply after three (3) or more
rechecks.
? Shipping, courier, and electronic service.
Buildinig & Fire
Permit Manager. ... _ .. .. .._...__. _ ._ .. _ . _ ..__.....__..___....._...----------------------$120/hour
SeniorPermit Technician ............................................................. - .... - .....
- .... - ..... -................ -........ $100/hour
PermitTechnician ............................................. .... --........................ -.....
-...... ------------------ ------------ --$90/hour
Clerk/Administrator......................................................................_.....................................................$80/hour
ChiefBuilding Official---•-•--•-••----•-•--•--•------•----.._...--••..................... ... -.....
-........................ -.............. $170/hour
Senior Combination Building Inspector (Building Inspector III) .__ -----------
_---- ------ -... .............. - ..... -.$135/hour
Commercial Building Inspector (Building Inspector II)......................................................................$115/ho::r
Residential Building Inspector (Building Inspector 1)............ ...... ....... ..........
----------- -------------- - ----- --$98/hour
Civil Plan Review (Grading, ImprovementPlans) ................. _.... _.... _.......
---------------- --.......... ......... $170/hour
Structural Plan Review Engineer .......... _............... -....... -.... ---...... -------
..... ............ --................ -.$160/hour
Non -Structural Plans Examiner ............ -................. —.......... — .... ......................
............... •••-......... $140/hour
ForePrevention Officer......................................................................................................................$155/hour
Fore Protection Engineer(FPE)....... - ... ........ .............................. ---•_.-....
..... ................................ --$205/hour
FirePlans Examiner ............................................... .............. - ..... .................----
f•--•-.._...... --- --------- $145/hour
FireInspector II .......... .......... ...............................................................................................................
$125/hour
FireInspector I._ ............. ..__......_ ................... .......... ................. ......................
... ............. ._... _.... $115/hour
InspectorofRecord ............... ..................... ................. _............... _..........................
............... _....... $160/hour
PublicWorks Inspector ............................... ............. -............. ...................................
- ................. -.$155/hour
DSA Class 1 / OSHPD A Inspector ............................. ........ --- ----- -..........
------------------- ---- ........ ........ $155/hour
DSA Class 2 J OSHPD B Inspector ...................... ---....................................
-.-------- ........... ..................$115Jhour
DSA Class 3 / OSHPD C Inspector._- .....................................
Certified Access Specialist (CASP) ----------------------------------------
GoForrnz Software ............................................ ..................
Hourly overtime charge per inspector ................................
-------------------------------------- -------------$105/hour
--------------------------------------------------$170/hour
-------- ................... -------------$50/user monthly
Mileage (for inspections performed within the City)---------------------------
City of San RaiaA-
Fee Sdsedw.e
5 x hourly rate
IRS Rate =20%
Page 1
Septenter 20, 2024
4LEAF, INC.
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- Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate
- Overtime (over8 hours Sat or 1` 8-hour Sun) 2 x hourly rate
- Overtime (over8 hours Sun or Holidays) 3 x hourly rate
• Overtime will only be billed with prior authorization of the designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate_
• In accordance with California's Meal Break and Rest Break Law requirements, Client will be billed one (1)
additional hour per day at the regular time rate for each missed meal or rest break due to Client -
directed tasks or requirements_ Client should allow 4LEAF's non-exempt, hourly employees the
opportunity to take their entitled rest and meal breaks during each work shift.
• Mileage driven during the course of Inspections will be charged at cost plus 2090.
• Payment due on receipt. All payments ever 30 days will be assessed a 1.5% interest charge_
• Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts-
• Client agrees that 4LEAF's liability will be limited to the value of services provided_
BASIS OF CHARGES - PREVAILIj\G WAGE
• Rates shown assume the projects will require compliance with California Prevailing Wage rate
requirements and assumes the Client will be filing a PWC-10fl Form to the California Department of
Industrial Relations (DIR) for the projects_
+ Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual
wage determinations from the California DIR_
• Per the new requirements being enforced under SB 954 and because it is assumed that a PWC-100 Form
will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized
Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an
official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142
form_ We are not assured the apprenticeship committee will be able to provide a suitable j qualified
apprentice for the project_ Per the apprenticeship requirements, the hours worked by the apprentice
must be in a ratio of 1:5 for apprentice to journeyman hours_ 4LEAF will not know the labor classification
of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the
five Periods listed under the California DIR's Wage determination for Building Construction Inspector
were used to determine the range of hourly rates for Public Works Inspector Apprentice -
Pre -approved Overtime and Premium hours for labor categories subject to Prevailing Wage
requirements will be charged per the following:
Nighttime (work began after4PM or before SAM) 1.125x hourly rate
Overtime (over 8 hour M-F orSaturdoys) 1.35 x hourly rate
Overtime (over 8 hours Sat or 1" 8 hour Sun) 1.85 x hourly rate
Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate
+ All invoicing will be submitted monthly.
• All work with less than B hours rest between shifts will be charged the appropriate overtime rate.
• In accordance with California's Meal Break and Rest Break Law requirements, Client will be billed one (1)
additional hour per day at the regular time rate for each missed meal or rest break due to Client -
direct -ad tasks or requirements_ Client should allow 4LFArs non-exempt, hourly employees the
opportunity to take their entitled rest and meal breaks during each work shift.
pity aFSan. Rafael Page 3
Fee Sn�edtie Seplell*er 20, 2024
4LEAF, INC.
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• Subconsultant Invoices will be assessed a 10%Administrative Processing Fee.
• Praject-related mileage for inspections will be billed at the allowable €its Rate.
• Payment due on receipt All payments over 30 days will be assessed a 1.5% Interest charge.
• Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.
• Client agrees that 4LEAF's liability will be limited to the value of services provided.
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth below,
CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance
policies with respect to employees and vehicles assigned to the performance of Services under this
Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage
verifications as defined in this Exhibit B.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. Commercial general liability. A commercial general liability insurance
policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.
2. Automobile liability. An automobile liability (owned, non -owned, and hired
vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per
occurrence.
3. Professional liability. If any licensed professional performs any of the
services required to be performed under this Agreement, a professional liability insurance policy in
the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars
($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of
services under this Agreement. Where CONSULTANT is a professional not required to have a
professional license, CITY reserves the right to require CONSULTANT to provide professional
liability insurance pursuant to this section.
4. Workers' compensation. If it employs any person, CONSULTANT shall
maintain workers' compensation insurance, as required by the State of California, with statutory
limits, and employer's liability insurance with limits of no less than one million dollars
($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation
insurance shall be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or workers' compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONSULTANT's insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as
Rev. 08.22 B -1
ISO form CG20 01 04 13.
3. Except for professional liability insurance or workers' compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. By execution of this Agreement, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the Effective Date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
insurance requirements of this Agreement are sufficient to cover the obligations of the
CONSULTANT under this Agreement.
9. CONSULTANT agrees to ensure that subcontractors, and any other party
involved with the Services, who is brought onto or involved in the performance of the Services by
CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT,
except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all
agreements with, and insurance compliance documents provided by, such subcontractors and
others engaged in the performance of Services will be submitted to CITY for review.
10. CONSULTANT agrees to be responsible for ensuring that no contract used
by any party involved in any way with the Services reserves the right to charge CITY or
CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any
08.22 B-2
such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse
any third party for the cost of complying with these requirements. There shall be no recourse
against CITY for payment of premiums or other amounts with respect thereto.
C. Deductibles and SIR's. Any deductibles or self -insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not
reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall
provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY
or other additional insured party. At CITY's option, the deductibles or self -insured retentions with
respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall
procure a bond guaranteeing payment of losses and related investigations, claims administration,
attorney's fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER
all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this
Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy
endorsements for the commercial general liability policy, and (3) excerpts of policy language or
specific endorsements evidencing the other insurance requirements set forth in this Agreement.
CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from
CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it
later. The insurance shall be approved as to form and sufficiency by the CITY.
08.22 B-3