ITEM 4. 6
CITY MANAGER' S REPORT
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF TASK ORDER NO. 27 WITH
4LEAF, INC. FOR INTERIM CHIEF BUILDING
OFFICIAL CONSULTING SERVICES
RECOMMENDATION: Adopt Resolution Approving Task Order No. 27 to provide Interim Chief Building Official
Consulting Services, Pursuant to Master
Consulting Agreement dated September 21,
2015 with 4Leaf, Inc.
SUMMARY:
On September 21, 2015, City Council approved a Master Professional Services Consulting Agreement with 4Leaf Inc. ( 4Leaf), for various professional services in the Building Division. On May 13, 2019, City Council approved an extension to the Master Professional Services Consulting Agreement through June 30, 2021. On March 8, 2021, City Council approved Amendment No. 3, extending the Master Agreement expiration date to June 30, 2023, and allowing future task orders.
Due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4Leaf to provide continued professional services in the Building Division.
Staff recommends City Council approve Task Order No. 27 with 4Leaf, to provide continued professional consultant services in the capacity of an Interim Chief Building Official.
Sufficient funds have been allocated in budget fiscal years 21/ 22 & FY 22/ 23.
BACKGROUND:
The Chief Building Official position oversees the day- to- day functions of the Building Division. The external recruiting environment for this position is very competitive and it has become difficult to find a fully qualified and certified candidate. Considering the current residential, commercial, and industrial development projects taking place within the City, it is necessary to utilize the services of a professional consultant for this position on an interim basis while recruiting.
CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 27 WITH 4LEAF, INC. FOR INTERIM CHIEF
BUILDING OFFICIAL CONSULTING SERVICES
Below is a summary of approved task orders to date:
Task Order Date
guilding Division Work Scope Description
No. A roved
1, 2 2015 Staff Au mentation, Plan Check PC Services
3, 4, 5 2016 PC & Ins ection Services Ins. Ser.
6, 7 2017 PC & Ins. Ser.
8, 9, 10, 11 2018 Interim Chief Buildin Official CBO , PC & Ins. Ser. 12, 13, 14, 15, 16 2019
Staff Augmentation, PC & Ins. Ser., Interim CBO,
Professional Services
17, 18, 19 2020 Interim CBO, Staff Au mentation, Ins. Ser. 20, 21, 22, 23,
2021 Staff Augmentation, PC & Ins. Ser., Interim CBO
24, 25
26 2022 Staff Au mentation
REASON FOR RECOMMENDATION:
Additional professional services are needed in the Building Division to keep up with the continued increase in construction activity related to capital improvement, private land development, and residential, commercial, and industrial projects. The ability to use the services of outside consultants makes it possible to continue providing timely response times to our residents, businesses, and developers.
FISCAL IMPACT:
The cost of Task Order No. 27 is not to exceed $ 130, 000, and will be paid on a time and material basis. Sufficient funds of $ 130, 000 will be paid from funds allocated in FY 21/ 22 and FY 22/ 23 budget for Building Division professional services.
ATTACH M ENTS:
A. Reso ution Approving Task Order No. 27 to provide Interim Chief Building Official Consulting Services, Pursuant to Master Consulting Agreement dated September 21, 2015, with 4Leaf, Inc.
B. Task Order No. 27 Pursuant to Master Consulting Agreement dated September 21, 2015 with 4Leaf, Inc. to Provide Interim Chief Building Official Consultant Services.
CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 27 WITH 4LEAF, INC. FOR INTERIM CHIEF
BUILDING OFFICIAL CONSULTING SERVICES
APPROVALS:
3• Z• Z LZ
Michael King Date
Public Works Director
fjCar . James Date
Finance Dfi ector
3. 3 - z.o Zz
Salvador Navarrete Date
City Attorney
3•
p
en J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 27 TO PROVIDE INTERIM CHIEF BUILDING
OFFICIAL CONSULTING SERVICES, PURSUANT TO MASTER CONSULTING AGREEMENT DATED SEPTEMBER 21, 2015 WITH 4LEAF, INC.
WHEREAS, since the resignation of the Chief Building Official in the latter part of 2017, the position has been filled with an Interim Chief Building Official pursuant to the City' s agreement with 4LEAF, Inc; and
WHEREAS, on May 13, 2019, City Council approved an extension to the Master Professional Services Consulting Agreement through ) une 30, 2021. On March 8, 2021, City Council approved Amendment No. 3, extending the Master Agreement expiration date to June 30, 2023, and allowing future task orders; and WHEREAS, a series of various task orders have been previously approved for 4LEAF to provide various professional services within the Building Division, such as professional building inspection, and plan checking in order to keep pace with ongoing development; and
WHEREAS, 4LEAF, Inc. has provided the qualified and certified staff necessary to provide Interim Chief Building Official professional services in the Building Division; and
WHEREAS, the cost of Task Order No. 27 is not to exceed $ 130, 000, and will be paid on a time and material basis. Sufficient funds of $ 130, 000 will be paid from funds allocated in FY 21/ 22 and FY 22/ 23 budget for Building Division professional services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 27 for an amount not to exceed 130, 000 for 4LEAF to provide Interim Chief Building Official Consulting Services, pursuant to Master Consulting Agreement dated September 21, 2015.
The foregoing resolution was passed and adopted this 14t" day of March 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT B
CITY OF LATHROP
TASK ORDER NO. 27
PURSUANT TO MASTER CONSULTING AGREEMENT DATED
SEPTEMBER 21, 2015 WITH 4LEAF, INC.
TO PROVIDE INTERIM CHIEF BUILDING OFFICIAL CONSULTING
SERVICES
THIS TASK ORDER NO. 27 dated for convenience this 14th day of March 2022 is by and made and entered into by and between 4LEAF, Inc. ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, on September 21, 2015, CONSULTANT entered into a Master Agreement with the CITY, and parties approved an extension of the term to June 30, 2021, pursuant to Amendment No. 2, dated May 13, 2019. On March 8, 2021, City Council approved an extension of the term to June 30, 2023 pursuant to Amendment No.3 AGREEMENT"), by which the CONSULTANT has agreed to perform building professional services; and
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Interim Chief Building Official Consultant Services, which are required by this agreement; and; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Interim Chief Building Official Consultant Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation Of Master Aqreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.
CITY OF LATHROP — TASK ORDER NO. 27 WITH 4LEAF INC. TO PROVIDE
BUILDING TO PROVIDE INTERIM CHIEF BUILDING OFFICIAL CONSULTANT 2) Scope of Service
CONSULTANT agrees to perform Interim Chief Building Official Consultant Services in accordance with the scope of work and fee proposal provided in Exhibit " A" to this Task Order.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction. 3) Effective Date and Term
The effective date of this Task Order No. 27 is March 14, 2022, and it shall terminate no later than September 30, 2022.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges detailed in Exhibit " A" up to a total sum not to exceed $ 130, 000 for Interim Chief Building Official Consultant Services. CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 in the Master Consulting Agreement Dated September 21, 2015.
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services rendered prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP — TASK ORDER NO. 27 WITH 4LEAF INC. TO PROVIDE
BUILDING TO PROVIDE INTERIM CHIEF BUILDING OFFICIAL CONSULTANT Approved as to Form: City of Lathrop
City Attorney
3- - ZozL,
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
Michael King Date
Approved by:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: 4LEAF Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Fed I D # 94-3393574
Bus License # 20088
Signature Date
Kevin J. Dug_qan, President
Print Name and title)
Page3of3
4LEAF, INC.
ENGINEERWG CONSiRUCT10N MANAGEMENT
PLAN CHECK BUILDING INSPECTION• PIANNING
2022-2023 FEE SCHEDULE & BA51S OF CHARGES
For the Cit of Lathrop
All Rates are Subject to Basis of Charges
NATURE OF BUILDING SERVICES COST STRUCTURE
Interim Chief Building Official 150/ hour
BASIS OF CHARGES
Rates are inclusive of" tools of the trade" such as forms, telephones, and consumables.
All invoicing will be submitted monthly.
Interim Building Official work is subject to 4- hour minimum charges unless stated otherwise. 4LEAF assumes that these rates reflect the 2022- 2023 contract period.
Overtime and Premium time will be charged as follows:
Regular time( work begun after 5AM or before 4PMJ 1 x hourly rate Nighttime( work begun after 4PM or before SAMJ 1. 125 x hourly rate Overtime( over 8- hour M- F or SaturdaysJ 1. 5 x hourly rate Overtime( over 8 hours Sat or 15` 8- hour SunJ 2 x hourly rate Overtime( over 8 hours Sun or HolidaysJ 3 x hourly rate Overtime will only be billed with prior authorization of designated Authority personnel.
All work with less than 8 hours rest between shifts wil) 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.
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.
City of Lathrop Page 1 of 1
Fee Schedule- CBO Services February 28, 2022