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HomeMy WebLinkAboutCED On Call Building Consulting Services 2024AGREEMENT 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. v 08.22 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. FM r.W FP7AIV: . Cr^N. R, �.nnn kl.t Ar MFnT Finn CPLLF BUIXMt; N. —LLnav Fuvuu,z> 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. FHrr.rr:n+.:. Crr.S rai rmnei Mx:r:.-._riMT PVdl Cntcr.• eu=M'j ns-tru_r.-FL 011VL 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. � Fr:ff.cF,pl: C:i,;,'+�Ri •.rl: al F.S�•.. •::-r.icNi FLAN C-1LlM. Ejj-(N� f• ,Lll l^. FLV,?;NV - 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. Fi:r10 r,�.-r�: - c:r.!.F74irn'nl klh�+CarAF1rt FVdl C!—K-Qif..crtt:: nr;�l�tcr. FLAIiNI`:•7 • 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 RAFq�` 1 i 2 41 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: CED - Building Project Manager: Don Jeppson Extension: 3357 Contractor Name: 4 Leaf, Inc. Contractor's Contact: Giovanni Caponigro Contact's Email: gcaponigro@41eafinc.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE a. Email PINS Introductory Notice to Contractor n/a Check/Initial 1 Project Manager ❑X b. Email contract (in Word) and attachments to City 10/6/2024 Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement 2 City Attorney and return to Project Manager 10/16/2024 ❑X b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to 3 Department Director contractor Forward three (3) originals of final agreement to 4 Project Manager _. contractor for their signature When necessary, contractor -signed agreement ❑ N/A 5 Project Manager agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 10/21/2024 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 10/28/2024 DJ Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager 4 Leaf, Inc. PSA for On Call Building Services Final Audit Report 2024-10-29 Created: 2024-10-28 By: Laraine Gittens (laraine.gittens@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAOBDObSpZMhy3gkpma63tDbmHGfVxd56C "4 Leaf, Inc. PSA for On Call Building Services" History Document created by Laraine Gittens(laraine.gittens@cityofsanrafael.org) 2024-10-28 - 7:56:10 PM GMT P-4 Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-10-28 - 7:59:43 PM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-10-29 - 0:42:12 AM GMT 6© Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-10-29 - 0:42:30 AM GMT &G Document e-signed by Robert F. Epstein (rob.epstein@cityofsanrafael.org) Signature Date: 2024-10-29 - 0:42:32 AM GMT - Time Source: server P-+ Document emailed to Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) for approval 2024-10-29 - 0:42:34 AM GMT Email viewed by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) 2024-10-29 - 2:33:10 PM GMT d© Document approved by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) Approval Date: 2024-10-29 - 2:33:15 PM GMT - Time Source: server C'y Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-10-29 - 2:33:17 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-10-29 - 3:59:35 PM GMT &o Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-10-29 - 4:00:07 PM GMT a Adobe Acrobat Sign 6© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-10-29 - 4:00:09 PM GMT - Time Source: server C� Document emailed to brenna.nurmi@cityofsanrafael.org for signature 2024-10-29 - 4:00:12 PM GMT Email viewed by brenna.nurmi@cityofsanrafael.org 2024-10-29 - 4:00:40 PM GMT dm Signer brenna.nurmi@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-10-29 - 4:00:55 PM GMT GS© Document e-signed by Brenna Nurmi (for) (brenna.nurmi@cityofsanrafael.org) Signature Date: 2024-10-29 - 4:00:57 PM GMT - Time Source: server Agreement completed. 2024-10-29 - 4:00:57 PM GMT .:_ Adobe Acrobat Sign