Amendment to Agreement
Page
1 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
AMENDMENT NO.
3 TO AGREEMENT NO.
C2019 222
Building Division Inspection and Plan Review Services
City Budget Code:
10040300
-
53210
This Amendment No.
3 (“
Amendment
”)
to
City
Agreement No.
C2019 222
, entitled
Building Division
Inspection and Plan Review Services
(“
Agreement
”)
, by and between the City of Napa, a
California charter
city
(“
City
”), and
4L
EAF
Consulting Group, Inc.
(“
Consultant
”)
, is effective on the Effective Date identified on
the signature page
.
RECITALS
A.
City and Consultant entered into
the
Agreement
, effective
September
5 , 20
19 ,
for
an amount
not to exceed
$
100,000
,
pursuant to which
Consultant agreed to perform
certain services
described in the
Agreement
(“
Services
”),
generally
including
plan check and inspection services on a
temporary basis.
City
and Consultant previously entered into Amendment No.
1 to the Agreement, effective
June 30
,
2 020,
and
Amendment No. 2 to the Agreement, effective
May 24, 202
2 .
B.
City has determined that additional
S
ervices
(“
Additional Services
”) are required
to
continue, modify, or expand
the
Services performed
under the Agreement
,
as set forth in the
Scope of
Additional Services and
Updated Rate Schedule
, attached hereto as
Exhibit “A”
and incorporated herein by
reference
.
NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as
follows:
1. INCORPORATION BY REFERENCE
.
Unless otherwise specified, all subsequent references to the Agreement are deemed to mean the original Agreement as modified by any amendments preceding this Amendment, if any. This Amendment incorporates
the Agreemen
t
by reference
,
except
and only to the extent
that
any
terms or conditions
of the Agreement
are
specifical
ly modified by this Amendment.
All
terms and
conditions
in the Agreement
that
are not specifically m
odified by this Amendment
remain in full
force and
effect.
2. SCOPE OF ADDITIONAL SERVICES
. Consultant
will
perform the
A
dditional
S
ervices described in
Exhibit “A” in accordance with the terms
and conditions of
this Amendment
.
3. PAYMENT
.
T
he
cumulative
total compensation payable to the Consultan
t
will
not exceed $
7 75,000
without prior written authorization from the City
(
based on
$
100,000
for the original Agreement
,
$475,000
for
Amendment No. 1
, and $200,000 for Amendment No. 3
).
4. TERM
. The term of the Agreement is hereby extended for
an additional (1) year to June 30, 202
4 .
5. ENTIRE AGREEMENT
. Th
e Agreement, as modified by this Amendment,
constitutes
the entire
integrated understanding between the parties concerning the Additional S
erv
ices.
This Amendment
supersedes all prior negotiations, agreements and understandings regarding the A
dditional
S
ervices
, whether
written or oral.
The documents incorpora
ted by reference into this Amendment are complementary; what is called for in one is binding as if called for in all
, except and only to the extent otherwise specified
.
If any
provision in an exhibit to this Amendment conflicts with or is inconsistent with
a provision in the body of this
Amendment, the provisions in the body of this Amendment will control over any such conflicting or inconsistent provisions.
ATTACHMENT 1
Amendment to Agreement
Page
2 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
6. SIGNATURES
.
The individuals
executing this Amendment represent and warrant that
they ha
ve
the right,
power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities o
f Consultant and
City.
This Amendment shall in
ure to the
benefit of and be binding upon the
parties hereto and their respective successors and
authorized
assigns.
IN WITNESS WHEREOF, the
P
arties
have executed this Amendment to be effect
ive
on the Effective Date set
forth below
.
CITY:
CONSULTANT:
CITY OF NAPA, a California charter city
4L
EAF
, Inc.
By:
By:
Steve Potter, City Manager
Kevin Dug
g
an
–
President & Secretary
ATTEST:
By:
Tiffany
Carranza
, City Clerk
Date:
(“
Effective Date
”)
COUNTERSIGNED:
Joy Riesenberg
, City Auditor
APPROVED AS TO FORM:
Michael W. Barrett, City Attorney
ATTACHMENT 1
Amendment to Agreement
Page
3 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
EXHIBIT “A”
SCOPE OF ADDITIONAL SERVICES AND
UPDATED RATE SCHEDULE
The Consultant will perform the Additional Services described below , within the specified times:
PLAN REVIEW SERVICES
Plan Review:
4L
EAF
,
Inc. will perform plan reviews to check plans for
compliance with the California
Building Laws as generally found in Title 24 Parts 2, 2.5, 3, 4, 5, 6, 8, 11 and 12
including structural,
fire/life safety, disabled access, green building, and energy conservation requirements, as amended
by
the City.
Comme
nt Lists and Plans Delivery:
Plan reviews result in typed lists of comments which refer to
specific details and drawings, and reference applicable code sections. 4L EAF
, Inc. will transport
plans
and comments to City in person, via email or FAX, and/or reli able overland carrier. Overnight delivery
is
available at no additional cost. Depending on the City’s preferred process, 4L EAF
, Inc.
will provide
plan
check comments and perform rechecks directly with the (1) City, or (2) the applicant/designer,
returning
approved documents to the City after the plan review process is completed.
Turn
-
Around Schedules:
Plan reviews will generally be completed/returned to City within
approximately
ten (10) working days of the date the plans are received by 4L EAF
, Inc. Other
turnaround
schedules will
be accommodated at request of the City. Large, unusually complex plan
reviews may require up to a
fifteen (15) day turn
-
around.
Technical Support:
When mutually agreed between the City and 4L
EAF
, Inc. as vital to project
success,
4L
EAF
, Inc. staff will attend pre
-
construction or pre
-
design meetings, field visits upon
request,
and provide support for field inspection personnel on an as -
needed basis.
INSPECTION SERVICES
4L
EAF
,
Inc. will provide building inspector(s) as r
equested by the City. The scope of inspection
services
to be provided will be defined as listed below or as defined uniquely for each project or as
determined by
4L
EAF
,
Inc and the City. Inspector(s) will report directly to the City Building Official or
ot
her person
designated by the City for all project
-
related work.
I
n general, the inspection services to be provided
may include, but are not
l
imited to, field observation
of
a
l
l construction activity, preparation of daily reports, review of submittals and other duties as
assigned.
ATTACHMENT 1
Amendment to Agreement
Page
4 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
FY2022
-
2023
& FY2023
-
20 2
4 FEE SCHEDULE & BASIS OF CHARGES
For the City of Napa
All Rates are Subject to Basis of Charges
NATURE OF BUILDING SERVICES
COST STRUCTURE
Plan Review & CASp Services
Plan
Review Percentage Cost: 60%
Plan Review Hourly Cost: $130 Non
-
Structural Review
$150 Structural Review
CASp Inspection and/or Review: $165/hour
Fire Review: $145/hour
*Percentages excludes Civil & Fire plan review, which is billed on an hourly basis.
*Fee includes initial review and two (2) rechecks. Hourly charges apply after three (3) or more rechecks.
* Fee includes shipping, courier, and electronic service.
Staff Augmentation Services
Interim Chief
Building
Official
................................
................................
.....
$170/hour
Senior
Commercial Building Inspector (Building
Inspector
III)
....................
$130/hour
Commercial Building Inspector (Building
Inspector
II)
................................
$119/hour
Residential Building Inspector (Building
Inspector
I)
................................
..
$105/hour
Code
Enforcement
Officer
................................
................................
..........
$110/hour
Senior Code
Enforcement
Officer
................................
...............................
$130/hour
Permit/Counter
Manager
................................
................................
............
$115/hour
Senior Permit Technician (Remote
or
Onsite)
................................
.............
$90/hour
Permit Technician (Remote
or
Onsite)
................................
........................
$75/hour
Administrative
Support
................................
................................
...............
$70/hour
On
-
site Plan
Review Engineer
................................
................................
.....
$150/hour
On
-
site
Non
-
Structural
Plans
Examiner
................................
......................
$130/hour
Civil
Plan
Review
................................
................................
.........................
$165/hour
Fire Review
................................
................................
................................
..
$145/hour
Fire
Inspector
I
................................
................................
............................
$119/hour
Fire
Inspector
II
................................
................................
...........................
$130/hour
Fire
Prevention
Officer
................................
................................
................
$105/hour
Fire Protection
Engineer
................................
................................
.............
$185/hour
ATTACHMENT 1
Amendment to Agreement
Page
5 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
Public Works Inspector
(Prevailing
Wage)
................................
..................
$163/hour
OSHPD
Inspection/Review
................................
................................
..........
$170/hour
Project Inspector/Inspector
of
Record
................................
........................
$160/hour
CASp
Inspection/Review
................................
................................
.............
$165/hour
Traffic
Engineer
................................
................................
...........................
$205/hou
r
Principal
Planner
................................
................................
.........................
$180/hour
Senior
Planner
................................
................................
.............................
$170/hour
Associate
Planner
................................
................................
........................
$150/hour
Assistant
Planner
................................
................................
.........................
$130/hour
Planning
Technician
................................
................................
....................
$100/hour
Off
-
Site
Project
Manager
................................
................................
............
$170/hour
Principal
-
in
-
Charge
................................
................................
......................
$205/hour
Director
................................
................................
................................
.......
$205/hour
Hourly overtime charge
per
inspector
................................
........................
1.5 x hourly
rate
Larger complex plan reviews can be
negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with special discounted pricing when applicable.
BASIS OF CHARGES
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.
•
Most plan review
s will be done in 10 business days or less and 5 business days or less for re
-
checks. This is not inclusive of holidays or the day of the pick -
up of
plans.
•
Expedited reviews will be billed at 2x the hourly rates
listed.
•
All plan review services will be
subject to 2
-
hour minimum
fee.
•
All plan review services are billed on a percentage basis and includes the initial review and two (2) rechecks.
-
Plan reviews will be billed on an hourly basis only after the initial review and two (2) rechecks unless otherwis
e agreed upon on a case
-
by
-
case
basis.
-
Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
•
Mileage for tasks performed within the City will be charged at the IRS Rate
+20%.
•
4LEAF assumes that these rates
reflect the FY2022
-
2023 contract period. 3% escalation for
FY2023
-
2024 and FY2024
-
2025 is negotiable per market
conditions.
•
Overtime and Premium time will be charged as
follows:
ATTACHMENT 1
Amendment to Agreement
Page
6 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
-
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 hours M
-
F
or
Saturdays)
1.5 x hourly
rate
-
Overtime (over 8 hours Sat or 1
st
8 hours
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 Chief Building Official, Public Works Director, or other responsible 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 allo
w 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.
ATTACHMENT 1
Amendment to Agreement
Page
7 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
2023
-
2024 FEE SCHEDULE & BASIS OF
CHARGES
For the City of Napa
All Rates are Subject to Basis of
Charges
PLAN REVIEW COST STRUCTURE
NOTES
Complete Plan Review Percentage Cost: 70%
(Inclusive of all disciplines except Fire and Civil, which are billed on an hourly basis.)
Hourly Plan Review: $135 Non
-
Structural Review
$155 Structural Review
Fee
includes:
➢
Initial review and one (1) recheck. Hourly
charges apply after two (2) or more rechecks.
➢
Shipping and courier
service.
PROJECT MANAGEMENT
Principal
-
in
-
charg
e
................................
................................
......................
$210/hour
Project Manager
................................
................................
.........................
$175/hour
BUILDING & FIRE
Interim Chief Building
Official
................................
................................
.....
$175/hour
Senior Combination Building Inspector (Building Inspector III)
..................
$135/hour
Commercial Building Inspector (Building Inspector II)
...............................
$124/hour
Residential Building Inspector (Building Inspector I)
................................
..
$110/hour
OSHPD Inspection/Review
................................
................................
..........
$170/hour
Ad
ministrative Support
................................
................................
...............
$73/hour
Permit Technician
................................
................................
.......................
$77/hour
Senior Permit Technician
................................
................................
............
$92/hour
On
-
Site Structural Plan Review Engineer
................................
....................
$155/hour
On
-
Site Non
-
Structural Plans Examiner
................................
......................
$135/hour
Civil Plan Review (Grading, Improvement Plans)
................................
........
$168/hour
Fire Prote
ction Engineer (FPE)
................................
................................
....
$190/hour
Fire Plan Examiner
................................
................................
......................
$150/hour
Fire Prevention Officer 3
................................
................................
.............
$145/hour
Fire Inspector I
................................
................................
............................
$123/hour
Fire Inspector II
................................
................................
...........................
$135/hour
Public Works Inspector
................................
................................
...............
$165/hour
CASp Inspection/Review
................................
................................
.............
$175/hour
Permit/Counter Manager
................................
................................
...........
$120/hour
GoForm
z Software
................................
................................
......................
$50/user monthly
Hourly overtime charge per inspector
................................
........................
1.5 x hourly rate
Mileage (for inspections performed within the City)
................................
.
IRS Rate + 20%
ATTACHMENT 1
Amendment to Agreement
Page
8 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
CODE ENFORCEMENT
Project Manager
................................
................................
.........................
$185/hour
Director of Code Enforcement
................................
................................
....
$150/hour
Senior Code
Enforcement Officer
................................
...............................
$135/hou
r
Code Enforcement Officer
................................
................................
..........
$115/hour
PLANNING
Principal
-
in
-
Charge
................................
................................
......................
$280/hour
Housing Policy Director
................................
................................
...............
$225/hour
Planning Director
................................
................................
........................
$205/hour
Principal/Planning Manager
................................
................................
.......
$180/hour
Senior Planner
................................
................................
.............................
$175/hour
Associate Planner
................................
................................
........................
$155/hour
Assistant Planner
................................
................................
.........................
$135/hour
Planning Technician
................................
................................
....................
$105/hour
BASIS OF CHARGES
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.
•
Most plan reviews will be done in 10 business days or less and 5 business days or less for re -
checks. This is not inclusive of holidays or the day o
f the pick
-
up of
plans.
•
Expedited reviews will be billed at 2x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the
City.
•
Plan review of deferred submittals & revisions will be
billed at the hourly rates
listed.
•
All plan review services will be subject to a $250.00 minimum fee if percentage -
based fee or
two (2) hour minimum charge if hourly rates
apply.
•
Larger complex plan reviews can be negotiated to achieve the best possible
pr
icing.
•
All plan review services are billed on a percentage basis and includes the initial review and 2
rechecks.
-
Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a
case
-
by
-
case
basis.
-
Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
•
4LEAF assumes that these rates reflect the 2023
-
2024 contract period. 3% escalation for
ATTACHMENT 1
Amendment to Agreement
Page
9 of
9 Form 2.
2.1 (
2018
-
01 -
12 )
Amendment
3 to Agreement C2019 222
2025 is negotiable per market
conditions.
•
O
vertime 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
-
F
or
Saturdays)
1.5 x hourly
rate
-
Overtime (over 8 hours Sat or 1
st
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 designated Cit y
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 wi
ll be charged at cost 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.
•
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 alternati ve 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.
ATTACHMENT 1