CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND 4LEAF, Inc. FOR
BUILDING DEPARTMENT SERVICES INCLUDING CONTRACT BUILDING OFFICIAL DUTIES THIS AGREEMENT for consulting services is made by and between the City of Gonzales (''City" and 4LEAF, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of June 5, 2023 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $150,000 per fiscal year, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
• Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent; or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 «Not Used»>
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
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In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satistactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractors) and provided evidence that such insurance is in effect to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of Consulting Services Agreement between June 5, 2023
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not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance Consulting Services Agreement between June 5, 2023
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or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
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4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate employees, and volunteers; or the Consulant seal provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
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• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
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7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any laws) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder tor a subcontract, or participant i, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
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Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
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8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the Consulting Services Agreement between June 5, 2023
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state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
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10.9 Contract Administration. This Agreement shall be administered by "Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Written notices to Consultant shall be sent to:
John Kuehl, Project Manager
4LEAF, INC.
2126 Rheem Drvie
Pleasanton, CA 94588
[email protected]
Any written notice to City shall be sent to:
Mary Villegas, Administrative Specialist/Deputy City Clerk City of Gonzales
P.O. Box 647
Gonzales, CA 93926
[email protected]
10.11 Professional Seal. Where applicable in the determination of the contract administrator, he first page of a technical report, first page of design specifications, and each page o construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Payment Schedule
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES 4LEAF, Inc. (CONSULTANT) -
City Manager Kevin J. Duggan
President
Attest:
Deputy City Clerk
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EXHIBIT A
SCOPE OF SERVICES
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4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
SECTION 2: APPROACH
Project Details & Understanding
We understand the scope of services for the Gonzales
Community Center Complex project to include
Comprehensive Plan Check Examination and Building
Inspection for approximately 3.6-acres of the project ENZALES COMMUNITY CENTIR site. We understand that the Community Center
Complex will be constructed on a city-owned parcel at
Gabilan Court/Fifth Street, just east of the Fairview
Middle School and will comprise of the following
elements:
• A Community Center, with a large multi-purpose room, indoor/outdoor stage, flexible meeting rooms, restrooms, offices, fitness room, and a teaching or catering kitchen • Teen Innovation Center
• Monterey County branch library that will be relocated from the Gonzales Shopping Center • On-site parking, landscaping, and areas for outdoor activities We understand that the 23,000 s.f. Community Center Complex project will be designed and constructed through Design/Build contracting. Swinerton Management and Consulting shall provide program and construction management services on this project. Additional project details include an estimated to cost $34,800,000 for the Base Project consisting of the Community C enter, Teen Innovation Center, County Library, and all site work.
A project of this magnitude and complexity does not start the day grading begins-rather, it takes many steps of planning, coordination, and relationship building to ensure all stakeholders involved are working towards a common goal. 4LEAF has worked on projects similar in size and scope to the Community Center Complex and is confident that our work approach combined with our team and project experience will make us a great consultant choice.
4LEAF has an intimate level of existing knowledge working with and around the City and we are able to provide the level of effort and skilled staffing required to complete this job on time and within budget.
Program Experience for Large Developments
4LEAF has an established and effective Quality Assurance Program for developer-funded and high-profile projects. 4LEAF reviews approximately 10,000 plans each year and has the depth of experience in providing reviews for all scopes as well as inspections for all scopes (including Building and Public Works). 4LEAF has implemented our Quality Assurance Program with many municipalities on several high-profile (many developer- funded) projects, including:
• Apple Campus 2 - City of Cupertino, CA - Valuation: $6 Billion • Encore Boston Harbor Waterfront Resort - Town of Everett, MA - Valuation: $2.5 Billion Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 3 Section 2: Approach March 16, 2023
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
• Vallco Town Center - City of Cupertino, CA - Valuation: $2.2 Billion • UC, Santa Barbara Munger Hall Student Housing - City of Santa Barbara, CA - Valuation: $1.5 Billion Project Development Unit - County of San Mateo, CA - Valuation: $1.2 Billion • VMWare - City of Palo Alto, CA - Valuation: $1 Billion • Main Street Cupertino - City of Cupertino, CA - Valuation: $350 Million • Taube-Koret Campus for Jewish Living - City of Palo Alto, CA - Valuation: $350 Million • Workday Corporate Campus - City of Pleasanton, CA - Valuation: $200 Million • Eco-Resort - City of Sand City, CA - Valuation: Pending • Town of Paradise Fire Recovery Program - Town of Paradise, CA - Valuation: $9 Billion • Sonoma County Fire Recovery Program - County of Sonoma, CA - Valuation: $4 Billion Quality Assurance Program
Since our inception, 4LEAF has excelled in providing plan review, construction management, and inspection services to more than 350 municipal clients including private entities, cities, counties, state, and Federal agencies. Having worked with many public agencies, we know how to accomplish the roles of plans examiner, construction manager, Inspector of Record, and construction inspector on projects of all sizes, durations, and complexities from conception to completion. We realize this is not an easy task—procedures must be followed, and documentation must be maintained in order to properly close out a project. We are not satisfied with just knowing how to do our job, we want to continue to improve our efficiency. 4LEAF is dedicated to improving the effectiveness of our methodology which will assist you in achieving your goals. Our general methodology for performing plan review and inspection services on construction projects is outlined below.
City awards contract. Reinforce City Follow up with the City PM throughout Perform project
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Developer needs. members.
updates & QC audits
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QA Procedures. project schedule, followed.
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Provide daily field
Ensure staff has reports and special Provide all project inspection reports, documents to
proper training. etc. to City. City.
We understand that an effective Quality Assurance (QA) program is absolutely necessary to deliver a quality project, and that the program has a place in each stage of "Building the project's life. The accompanying graphic illustrates how A and Quality Control Partnerships" (QC) are the heart of any project. We believe that quality and safety must be Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 4 Section 2: Approach March 16, 2023
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
maintained as the ultimate priority of every person involved in a project. Without quality, the other elements of the project simply do not matter. We agree with the definition of an effective Quality Management System as "not just one where good products and services are delivered." Ráther, it is one that continuously seeks to improve the products and services being delivered and the delivery processes used by the organization. 4LEAF's commitment to City is that, if selected, we will work alongside you to develop, establish, implement, and maintain project-specific QA procedures that meet or surpass City standards. • We will ensure QA Plan compliance throughout the project's duration. • We will monitor and assist with QA deviations/non-compliance actions until resolved. • We will systematically and continually review plan review, inspection procedures, and activities for compliance with the procedures.
• We will implement and maintain effective procedures to ensure that all complies with requirements. • Our QA program will emphasize both preventative and verification activities. We will conduct and formally document verification processes, including both daily and weekly review of documents and maintenance of checklists and/or logs for control of documentation. • We will provide weekly updated plan review inventory logs and inspection reports to City.
Streamlining
4LEAF has vast experience with large and high-profile projects. Some of our strategies for streamlining the review process and supporting a fast-track schedule include having the design professional determine which items can be deferred. This is particularly important with long lead-time items that have long lead times such as fire protection systems. Phased approvals are recommended starting with the foundation and underground utilities, followed by the shell and core and finally the fit-out.
Approach
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. We plan to phase a team of the highest quality pre-construction and construction team with a proven track record of project success. 4LEAF has several staff committed to work in the South Bay and will remain for the duration of the project to ensure we capture the goals and performance that have made our inspection system successful: 4LEAF plans to:
• Provide you with the "depth of resources" of highly qualified, experienced professionals necessary for this project, personnel who are registered, certified or has a license and can effectively collaborate with the City's Project Managers, design team, and contractors. • Utilize innovative technology that will enhance our open lines of communication with the City and design team that will interface with the City's technology systems and software platforms. • Make our team available during the Construction Document and Construction Administration phases of the project which will expedite issues that may arise.
• Have a well-planned approach throughout the Pre-Construction Phase, Construction Phase, and Closeout Phase to ensure we begin the preparations to close the project out from the day we begin. • Partner with reputable subconsultants for expertise in areas like Storm Water Pollution Prevention, Traffic Engineering, etc.
Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 5 Section 2: Approach March 16, 2023
ALEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
Building Inspection • Plan CHeck
Pre-Construction Phase
4LEAF has been preparing to provide the Development services on this job since its announcement. As a uniquely qualified firm with experience with Universities, Public Works, Fire, and Municipal Building Departments, our experience includes large-scale inspection staffing on large complex projects. 4LEAF has the depth of resources, industry relationships, and the experience to provide the City's jurisdictional duties and responsibilities with excellence while providing a collaborative "can do" attitude to facilitate the project's scheduling needs.
1. Relationships
4LEAF has had the opportunity to work with various stakeholders involved on this project including City Personnel and County Fire Personnel. We will take the time to meet and work alongside members all of the stakeholders for this development project including City Personnel, Fire Personnel, General Contractor's Project Managers, Superintendents, and Project Managers. Our first goal would be to sit with the Construction Management team to discuss to goals of the department and then attend all pre- construction meetings to discuss the code required position of the City's team to gain a complete understanding prior to construction and set the expectations of the City. We will want to learn which projects can be handled by the same IOR to maximize the efficiency of our team and help control costs.
2. Staffing
One of the most challenging aspects of providing the development services for large-scale complex projects like the Community Center Complex is providing the right qualified people at the right time. The project will require a significant ramp up in level of effort for the provision of inspectors. With more than 200 inspectors (Building, Fire, and Public Works) on staff, 4LEAF has the depth of resources to ramp up or ramp down to handle the demand of this project.
4LEAF has many clients that require us to maintain an extensive database of qualified inspectors of various skill levels. Currently, 4LEAF provides the inspection services for many municipalities that have projects requiring multiple Inspectors. 4LEAF also manages statewide contracts that requires 4LEAF to staff projects and hundreds of separate work-orders throughout the State of California for projects of various durations from one month to multiple full-time inspections for multiple years. 4LEAF has been proactive in our approach to staffing this project. In anticipation of this work, we made available the most qualified team of management, plan review, and inspection personnel and partnered with the best subconsultants. 4LEAF's proposed management team and our subconsultants have worked successfully together on past projects and are well-equipped to take on this project.
3. Creation of Custom Portal
4LEAF's will create the City their own custom online portal so they can follow the progress of the plan review in real time, including the ability to view the plans and make suggestions or comments directly into our system.
Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 6 Section 2: Approach March 16, 2023
ALEAF, INC.
EngIneErINg • ConstructIon Management
BUILDING INSPECTION • PLAN CHECK
4. Meetings
This project requires detailed organization and substantial organizational meetings. Our Lead Inspectors will propose to meet with Superintendents and their Quality Control Managers daily to understand the most pressing need for inspections. Our team will be available for same-day inspection requests and propose to attend General Contractor's to create a team building approach. This includes meeting and establishing rapport with the City's designated Inspection Manager to establish consistent inspection protocols and communication.
5. Plan Review Page Turning Sessions
4LEAF's Plan Review Management team and Lead Plans Examiner will meet with the design team and City to determine a mutually agreed upon schedule. Prior to the review, we recommend a full day page turning session with the design team to talk about large items of concern that we can address prior to starting the review. We will aim to build a great rapport between the review team and the design team so there can be an open line of communication during the review process so we can help expedite the plan review schedule. We can also discuss the use of technology such as our EZPlan Review portal and the use of Bluebeam to review the plans electronically if the City desires.
6. Continuous Communication with Design Teams
Our desire is to continue the momentum from the "Plan Review Page Turning Sessions" by continuing to communicate regularly with the design team to ensure they can get the projects to approval status in the most expedient time possible while still maintaining the integrity of the California Building Code and the City of Gonzales Municipal Code. Our teams will work harmoniously to work-out issues in lieu of long formatted plan check comment letters.
7. Establish 4LEAF's Inspection Management Team with City's Municipal Software In conjunction with the plan review timelines, 4LEAF's Document Control Manager Traci Caton will need logins and access to the City's Municipal Software system so we can create the bridge to communicate inspection reporting directly into the City's software in real time. We will also meet to discuss Phased Permits and a catalog system to differentiate the different projects.
Plan Review Services
4LEAF will provide plan review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and state and federal laws that pertain to Building and Safety, and for compliance with the adopted ICC Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances.
Off-Site Review Work Plan
4LEAF can work effectively with design teams and assist Public Works, Planning, Fire, and Building Departments in the construction, rehabilitation, and repair of both public and private projects. Our experience includes Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 7 Section 2: Approach March 16, 2023
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
checking for compliance with the structural, life-safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances.
Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data. • Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25. • Performing reviews such as Structural, MEP, Green Building, Fire and Life Safety, Grading and Drainage. • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability. • Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations, and masonry.
Providing additional plan review services as requested by the City. • Conducting all plan review at the City Department or, as needed, at a site mutually agreed upon. • Supplying all plan review staff with all code books and other basic professional references. 4LEAF's EZPlan Review
EZPlan Review is our in-house tracking software that acts as a communication tool between 4LEAF and the jurisdictions we work with. This web portal allows users to visualize project due dates, notes, and status updates so that projects can be followed from start to finish. Additionally, users have access to view their electronically uploaded plans that 4LEAF digitally stamps upon project approval. With the use of EZPlan Review, ALEAF to provide a level of ease and transparency during the plan review process.
Document Control
When plans and documents are received for review, 4LEAF's Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then transmitted through 4LEAF's easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. Clients can view 4LEAF's plan review control log through 4LEAF's EZPlan Review Portal.
Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC-Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the state codes, referenced construction standards, and local jurisdiction amendments. 4LEAF's code review methodology is "The Effective Use of the Codes" reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client's pre-designated contacts.
Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 8 Section 2: Approach March 16, 2023
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
Sample Tracking Log
Below is a snapshot of 4LEAF's EZPlan Review Portal.
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Electronic Plan Review
4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. LEAF's offices are equipped with large scale monitors for easy review of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation.
Additional Technologies
Having served more than 350 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF's experience with tracking technologies includes the following and more:
CR SYSTEMS ProjectDox énerGov Be-PlanSoft" Accela
Construction Phase
4LEAF plans to work with the City and the Construction Project Managers to draft an inspection staffing plan that mirrors the construction activity of the contractors. Our intent is to provide a flexible staffing model with a team of inspectors that can "ramp-up" and "ramp-down" based upon the construction activity on-site to be consistent with our proposed cost proposal. 4LEAF anticipates up to four different inspectors for the projects listed, but can meet the demands of additional inspectors, even on short notice or for short durations. 4LEAF will coordinate with the City's Construction Management team to maximize the use of all inspection personnel to cover projects.
All staffing will be coordinated through 4LEAF's Executive Project Manager, John Kuehl, CBO. John has been with 4LEAF for a number of years and has extensive experience working in the area. John will attend regular meetings Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 9 Section 2: Approach March 16, 2023
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
with our Project Managers and Lead Project Inspector in order to fill inspection requests expeditiously. 4LEAF has the depth of resources to staff this job immediately with current 4LEAF employed inspection personnel.
1. Office Set-Up and Requisition of Equipment
Upon contract award, 4LEAF will immediately begin mobilizing and set up our offices at the site. 4LEAF will establish our Code and Regulation Library and requisition the proper equipment such as iPads with the current building codes loaded on each device.
2. Safety Training
4LEAF will coordinate with the Prime Contractors Safety Manager and schedule all 4LEAF staff to attend any mandatory safety training. As we transition in new team members, our project leads will facilitate all new inspectors to complete the mandated safety training as well. 4LEAF also has our own training program which includes Fall Protection; Personal Protective Equipment; Slips, Trips, and Falls, Ladder Safety, Electrical Safety, and Heat Illness Prevention. Our Safety Coordinator will email all of our updated safety records with the selected General Contractor.
3. Inspection Team Meetings
Once on site, Chris will establish various required meetings including daily morning meetings with the inspection staff, weekly meetings with the Stakeholders (4LEAF Management, City Personnel, County Fire, Contractor, Owner, Special Inspection Lead, etc.), and a weekly walk through with the City of Gonzales's Senior Inspector. These meetings will ensure the project is well organized, all outstanding items are addressed, pending code-calls are discussed, and the City is well versed in all job-site activities and progress reports. We have attached our draft example meeting agendas in the appendix. All meeting notes will be kept track electronically by our on-site Project Administrator.
4. Project Staffing
4LEAF will continue to monitor the progress of the job in conjunction with the inspection requests. 4LEAF will scale the inspectional services based upon the demand of the job to ensure the "right" number of staff is there to ensure construction activity is meeting the current adopted codes and the requirements of the contract documents.
5. Reports
ALEAF's Administration team will keep daily activity logs and prepare detailed monthly reports of the construction activity including progress of work completed in percentage form. This report will be detailed to identify contractors, subcontractors, progress of work, pictures, and detailed explanations of the field activities. This report will be distributed to the Construction Management team and City stakeholders.
6. Real Time Inspections
ALEAF proposes to use GoFormz for documenting inspections. 4LEAF's Inspection Form is already available in GoFormz and can be accessed by simply downloading the application to your iPad or Mobile Device.
Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 10 Section 2: Approach March 16, 2023
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
Post-Construction Phase
4LEAF's Project Management and Lead Inspectors from the Pre-Construction Phase of the project are committed to see this project through to the Post Construction Phase of the project. Post construction activities will include complete documentation of all required inspections illustrating that all work has complied with the approved contract documents and applicable codes and regulation as adopted by the City of Gonzales. Traci Caton will work with the City of Gonzales and stakeholders on the following Post Construction Phase activities. These include but are not limited to:
1. Walk Through
Upon substanțial completion of the project, 4LEAF's project team walks the project with the City; owner, and/or design team. An agreement is made that the project has been completed according to the contract documents.
2. Punch-List
During the walk through, the Apple/design will identify any smaller items that still need to be completed to everyone's satisfaction. Once the punch-list is completed the job is considered 100% complete and the project enters the warranty phase.
3. Close-Out Package
Once the punch-list items are completed, the client receives a complete project close-out package that includes permits and inspection records, warranty information, operation and maintenance information, and any additional materials required by the client.
4. Operation and Maintenance Manuals and Client Training The operation and maintenance manuals for equipment installed during the project are provided in the project close-out book.
Inspection Technology
4LEAF has extensive experience working with various inspection reporting technologies, including GoFormz which 4LEAF used this for all scopes of the Apple 2 Campus (~$6 Billion), is currently using for the Encore Boston Harbor Casino (~$2.5 Billion), San Mateo County Project Development Unit (~$1 Billion), and at San Jose State University (~$600 Million). GoFormz allows every piece of information collected on a project to be accessible by all staff as every inspection report is stored securely and safely in the cloud. The information can be accessed through a user's web account where any inspection report can be viewed, and reports can be ran using stored project data. With GoFormz, 4LEAF inspectors are able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to reports to show the items inspected. By means of an iPad, inspectors sign reports using a goformz mobile signature block and attached pictures of the item inspected that were taken using the iPad.
Proposal to Provide Building Department Plan/Code Review and Inspection Services - Community Center Complex Project. Page 11 Section 2: Approach March 16, 2023
EXHIBIT B
COMPENSATION SCHEDULE
4LEAF, INC.
NGINEERING • CONSTRUCTION MANAGEMEN
PLAN CHECK - BUILDING INSPECTION • PLANNIN
FEE SCHEDULE
2023-2024 FEE SCHEDULE
FOR THE CITY OF GONZALES
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 65% Fee includes:
Structural Only: 40% • Initial review and two (2) rechecks. (Inclusive of all disciplines except, Fire and Civil which are Hourly charges apply after three (3) or billed on an hourly basis.) more rechecks.
• Shipping, courier, and electronic
Hourly Plan Review: $120 Non-Structural Review service. $135 Structural Review
Inspection Services
DSA Class 1 / OSHPD A Inspector of Record... .$175/hour DSA Class 2 / OSHPD B/ ICC Combination Inspector of Record .$145/hour DSA Class 3 / OSHPD C Inspector of Record .$115/hour
Specialty Inspections (ADA, CASp, etc.).... .$165/hour
Senior Combination Building Inspector (Building Inspector III) .$120/hour Commercial Building Inspector (Building Inspector II) .$115/hour Residential Building Inspector (Building Inspector I). .$105/hour Project Management
Project Manager.... $180/hour
Principal-in-Charge... $245/hour
Building
Interim Chief Building Official. .$185/hour
Assistant Chief Building Official .$170/hour
Clerk/Administrator. $65/hour
Permit Technician.. $75/hour
Senior Permit Technician .$85/hour
On-Site or Off-Site Structural Plan Review Engineer. .$160/hour On-Site or Off-Site Non-Structural Plans Examiner. $125/hour Civil Plan Review (Grading, Improvement Plans) .. $175/hour Code Enforcement ... .$90/hour
Senior Code Enforcement. $105/hour
Public Works Inspector. …$167/hour
Traffic Engineer (TE) . .$250/hour
Proposal to Provide Building Dept Plan/Code Review & Inspection Services-Community Center Complex to the City of Gonzales. Page Fee Schedule March 16, 2023
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4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
PLAN CHECK • BUILDING INSPECTION • PLANNING
Off-Site Permit Manager ..
GoFormz Inspection Software (Upon Request)......... $50/user monthly Hourly overtime charge per inspector ...... 1.5 x hourly rate Mileage (for inspections performed between campuses) IRS Rate + 20%
BASIS OF CHARGES - BUILDING
Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• 4LEAF assumes that these rates reflect the FY2023-2024 contract period. FY2024-2025 rates will be assessed a 3% annual escalation rate but is negotiable per market conditions. • Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-For Saturdays) 1.5 x hourly rate Overtime (over 8 hours Sat or 1st 8-hour Sun) . 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other responsible designated University personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at the allowable IRS mileage rate plus 20%.
• Payment due on receipt. All payments over 30 days may 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. • 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 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. • If 4LEAF is requested or otherwise required to conform to Client's alternative work week schedule ("AWW"), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW.
- If 4LEAF's affected employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required.
Proposal to Provide Building Dept Plan/Code Review & Inspection Services-Community Center Complex to the City of Gonzales. Page Fee Schedule March 16, 2023
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAgeMenT
PLAN CHECK • BUILDING INSPECTION • PLANNING
BASIS OF CHARGES - PREVAILING WAGE
• Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 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. Rates based on California DIR's wage determinations dated August 2021.
• Per the new requirements being enforced under SB 854 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 / 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. LEAF 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 issued August 2021 were used to determine the range of Calendar Year 2021 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 begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 hours M-For Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8 hours Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 2 x hourly rate • All invoicing will be submitted monthly.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Subconsultant Invoices will be assessed a 10% Administrative Processing Fee.
Project-related mileage for inspections will be billed at the allowable IRS Rate plus 20%. • 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.
Proposal to Provide Building Dept Plan/Code Review & Inspection Services-Community Center Complex to the City of Gonzales. Page Fee Schedule March 16, 2023