2025-2026 Fee Schedule June 2,2025
Engineering, Public Works Inspection, & Construction Management (Prevailing Wage) Civil Plan Review (Grading, Improvement Plans).................................................................................$160/hour Certified Access Specialist (CASp) Inspector (Regular time).................................................................. $160/hour
Certified Access Specialist (CASp) Plans Examiner.................................................................................$160/hour Public Works Inspector (Regular Time)..................................................................................................$153/hour Public Works Inspector Apprentice....................................................................................................... $99/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 of the pick-up of plans. Expedited reviews will be billed at 1.5x 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 $285.00 minimum fee if percentage-based fee or 2-hour minimum charge if hourly rates apply.
Larger complex plan reviews can be negotiated to achieve the best possible pricing. 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 FY2025-2026 contract period. There will be a 3% escalation for FY2026-2027 and FY2027-2028.
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-F or 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 designated City 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 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.
City of Newark
2025-2026 Fee Schedule
June 2,2025
CSA 3/13 r. 6/30/15 -1-
CONTRACTUAL SERVICES AGREEMENT
CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this day of , 20 by and between the CITY OF NEWARK, a municipal corporation (“City”), and 4 LEAF, INC., a Corporation (“Consultant”), collectively the “Parties”.
W I T N E S S E T H:
WHEREAS, City requested proposals to perform the services generally including:
ONCALL INSPECTION AND PLAN REVIEW SERVICES.
WHEREAS, in response to City’s request, Consultant submitted a proposal and, after negotiations, Consultant agreed to perform the “Services” more particularly described in Exhibit “A”, in return for the compensation described in this Agreement and Exhibit “B”.
WHEREAS, in reliance upon Consultant’s documentation of its qualifications, as set forth in Exhibit “C”, City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested Services.
NOW, THEREFORE, the Parties hereto agree as follows:
1. CONSULTANT’S SERVICES. Consultant shall perform Services described, and in the time, place, and manner specified in Exhibit “A” in accordance with the terms and conditions of this Agreement. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall control.
2. TIME FOR PERFORMANCE. Time is of the essence in the performance of Services under this Agreement and Consultant shall generally adhere to the schedule set forth in Exhibit “A”; provided, that City shall grant reasonable extensions of time for the performance of such Services occasioned by governmental reviews of Consultant’s work product or other unavoidable delays occasioned by circumstances, provided, further, that such unavoidable delays shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to Consultant.
Consultant acknowledges the importance to City of City’s performance schedule and agrees to put forth its best professional efforts to perform its Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.
3. COMPENSATION.
CSA 3/13 r. 6/30/15 -2-
A. “Not to Exceed” Compensation. City shall compensate Consultant for all Services performed by Consultant hereunder in an amount based upon Consultant’s hourly or other rates set forth in Exhibit “B”. The payments specified in Exhibit “B” shall be the only payments to be made to Consultant for Services rendered pursuant to this Agreement.
Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of Three Hundred Thousand and No/100 Dollars ($300,000.00) per fiscal year unless the performance of services pursuant to City Council Resolution No. , and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services and/or incurring such costs and expenses, evidenced in writing as Additional Services by Task Order (see Section 4.
Additional Services of this Agreement).
B. Method of Billing. To request payment, Consultant shall submit monthly invoices to City identifying Services performed and the charges therefore (including an identification of personnel who performed Services, hours worked, hourly rates, and reimbursable expenses), based upon Consultant’s billing rates (set forth on Exhibit “B” hereto).
Consultant shall submit all billings for said Services to City in the manner specified in Exhibit “B”; or, if no manner is specified in Exhibit “B”, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City.
Invoices shall be sent to:
City of Newark
Public Works Department
37101 Newark Blvd.
Newark, CA 94560
Upon completion of Services, City shall sign off and acknowledge that all terms and conditions have been satisfactorily met; upon which, unless waived by City in writing, Consultant shall prepare an itemized statement, briefly describing by task and/or labor category the items billed.
C. Payment. Upon receipt of billing, City shall make payments to Consultant on a monthly basis, or at such other times as may be specified in Exhibit “B”, for Services, which are performed in accordance with this Agreement to the satisfaction of City.
D. Consultant’s Failure to Perform. In the event that Consultant performs Services that do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from City, re-perform the services (without additional compensation to Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to City, Consultant shall reimburse City for the damages incurred (which may be charged as an offset to Consultant’s payment).
4. ADDITIONAL SERVICES. In the event City desires the performance of additional services not otherwise included within Services, such services shall be authorized by written Task Order approved in advance of the performance thereof. Such Task Order shall CSA 3/13 r. 6/30/15 -3-
include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the Parties deem appropriate for the accomplishment of such services.
Except to the extent modified by a Task Order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order. City Manager shall have approval authority up to a maximum of 10% of the Not to Exceed Compensation or $30,000, whichever is greater for such Additional Services.
5. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be, and is an independent consultant and shall not be an employee or agent of City. Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s Services; however, City shall not have the right to control the means by which Consultant accomplishes Services.
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.
6. PERSONNEL. Consultant understands that, in entering into this Agreement, City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of Consultant, including the qualifications of its Authorized Representative, its designated personnel, and its subconsultants, if any, identified in Exhibit “C”.
Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or subconsultants identified in Exhibit “C”, without the prior written consent of City.
All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.
In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any of Consultant’s designated personnel or subconsultants, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.
8. INFORMATION AND DOCUMENTATION.
A. Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of Services. If Consultant believes additional information is required, Consultant shall promptly notify City and City will provide to Consultant all relevant non-privileged information in City’s possession.
B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs CSA 3/13 r. 6/30/15 -4-
and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.
C. Ownership of Work Product. All original documents prepared by Consultant (including its employees and subconsultants) for this Agreement (“Work Product”), whether complete or in progress, are the property of City and shall be given to City at the completion of Consultant’s Services, or upon demand of City. Consultant shall have a right to make and keep copies of the Work Product except for any confidential information. Consultant shall not reveal the Work Product or the confidential information contained in the Work Product, or make it available, to any third party without the prior written consent of City.
9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Consultant shall comply with all requirements of the Political Reform Act (California Government Code Section 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with City (including this Agreement) involving Consultant’s conflicting interest may be terminated by City.
10. NONDISCRIMINATION. Consultant shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, age, or any other basis, as defined in California Civil Code Section 51.
11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Consultant shall perform Services using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.
12. INSURANCE. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, subconsultants, or employees.
A. Verification of Coverage.
Consultant shall furnish City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require CSA 3/13 r. 6/30/15 -5-
complete, certified copies of all required insurance policies, including endorsements that affect the coverage required by these specifications at any time. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.
B. Minimum Scope of Insurance.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto), or Code 8 (hired) and 9 (non-owned) if consultant has no owned autos.
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.
C. Minimum Limits of Insurance.
Consultant shall maintain limits no less than:
1. General Liability:
(including products-completed
operations, personal and
advertising injury)
$1,000,000 per occurrence for bodily
injury, personal injury, and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence or claim.
CSA 3/13 r. 6/30/15 -6-
D. Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, and volunteers, or (b) Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
E. Claims Made Policies.
For all “claims made” coverage, in the event that Consultant changes insurance carriers Consultant shall purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than five (5) years thereafter. Proof of such “tail” or other continuous coverage shall be required at any time that the Consultant changes to a new carrier.
F. Wasting Policies.
No policy required by this paragraph 12 shall include a “wasting” policy limit (ie. limit that is eroded by the cost of defense).
G. 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:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
2. 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
3. Terminate this Agreement.
H. Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
I. Other Insurance Provisions.
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
CSA 3/13 r. 6/30/15 -7-
1. Additional Insureds. City, its officers, officials, directors, employees and volunteers are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of Consultant; including materials, parts or equipment furnished in connection with such work or operations.
2. Primary Insurance. For any claims related to these Services, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, directors, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, directors, employees, or volunteers shall be excess of Consultant’s insurance and shall not be contribute with it.
3. Notice of Cancellation. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.
Similarly, no major change in coverage, expiration, or nonrenewal will be made during the term of this Agreement.
4. Civil Code § 2782. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
5. Qualifications. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
6. Subconsultants. Consultant shall include all subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant.
All coverages for subconsultants shall be subject to all of the requirements stated herein.
7. Waiver of Subrogation. With respect to Workers’ Compensation and Employer’s Liability Coverage, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, directors, employees, agents, and volunteers for losses arising from work performed by Consultant for City.
8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this paragraph 12 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.
9. Variation. The Risk Manager of City may approve a variation in these insurance requirements upon a determination that the coverage, scope, limits, and form of such insurance are either not commercially available or that City’s interests are otherwise fully protected. Any variation granted shall be done in writing and shall be made a part of this Agreement as Appendix “A”.
13. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this CSA 3/13 r. 6/30/15 -8-
Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 18, hereinbelow) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Consultant’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.
14. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Consultant shall: (1) immediately defend, and (2) indemnify City, its, officers, officials, directors, employees, and volunteers from and against all liabilities regardless of nature or type arising out of or resulting from Consultant’s performance of Services, or any negligent or wrongful act or omission of Consultant or Consultant’s officers, employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Consultant’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
The duty to defend is a separate and distinct obligation from Consultant’s duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Consultant from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Consultant may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.
The review, acceptance or approval of Consultant’s work or Work Product by any indemnified party shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This paragraph survives completion of Services or the termination of this contract.
The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or CSA 3/13 r. 6/30/15 -9-
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.
15. LICENSES, PERMITS, ETC. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. In addition to the foregoing, Consultant shall obtain and maintain during the term hereof a valid City of Newark Business License.
16. TERM/TERMINATION.
A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire in three (3) years from said date or the Agreements may be extended up to two (2) additional one (1) year terms as authorized by the City Manager.
B. Notwithstanding the provisions of paragraph 16 section A above, either party may terminate this Agreement without cause by giving written notice thereof not less than ten (10) days prior to the effective date of termination, which date shall be included in said notice. In the event of such termination, City shall compensate Consultant for Services rendered and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the Services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City hereunder.
17. CONTRACT ADMINISTRATION. This Agreement shall be administered by PUBLIC WORKS DIRECTOR of the City of Newark (“Administrator”). All correspondence shall be directed to or through the Administrator or his/her designee.
18. NOTICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed, in the case of Consultant, to:
4LEAF, INC. CITY OF NEWARK
Kevin Duggan CHIEF BUILDING OFFICIAL
President Administrator
Address: 4Leaf, Inc
Attn: Kevin Duggan
2126 Rheem Dr
Pleasanton, Ca 94588
City of Newark
Attn: Chief Building Official
37101 Newark Boulevard
Newark, CA 94560
CSA 3/13 r. 6/30/15 -10-
19. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.
20. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
21. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement.
22. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.
23. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
24. ASSIGNABILITY. Neither Consultant nor City shall subconsult, assign, sell, mortgage, hypothecate, or otherwise transfer their respective interests or obligations in this Agreement without the express prior written consent of the non-transferring party.
25. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
26. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
27. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
28. SIGNATURES. 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 Consultant and City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
CSA 3/13 r. 6/30/15 -11-
29. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, at City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF NEWARK, 4Leaf, Inc.
a municipal corporation a California Corporation
By By
City of Newark Consultant (Signature & Title)
Date Date
Printed Name
Attest:
City Clerk
Date
Approved as to form:
City Attorney
Date
CSA 3/13 r. 6/30/15 -12-
EXHIBIT A
SCOPE OF SERVICES
Plan Checking, On Call inspection services – The consultant shall provide all equipment, services, and work required to review and inspect building plans and permit applications, including, but not limited to, major building permit construction documents and perform requested services. The type of improvements to be reviewed and inspected include but are not limited to commercial, industrial, and residential construction drawings for new construction, additions, tenant improvements, or alterations.
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EXHIBIT B
PAYMENT
SECTION E: FEE SCHEDULE
FY2023-2024 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF NEWARK
A. All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Complete Plan Review Percentage: 70%
Partial Plan Review Percentage: 40%
(Inclusive of all disciplines except Fire
and Civil which are billed on an hourly
basis)
Hourly Plan Review: $125 Non-Structural
Review
$160 Structural Review
Fee includes:
➢ Initial review and two (2)
rechecks. Hourly charges apply after
three (3) or more rechecks.
➢ Shipping, courier, and electronic
service.
➢ Plan Review services subject to
2hr minimum fee.
1. Building
Chief Building Official ............................................................................................ $170/hour Structural PlanReview Engineer............................................................................. $160/hour Non-Structural Plans Examiner ............................................................................... $125/hour Mechanical & Plumbing Plans Examiner................................................................ $140/hour Electrical Plans Examiner........................................................................................ $160/hour Certified Access Specialist (CASp) Inspector ........................................................ $160/hour Certified Access Specialist (CASp) Plans Examiner.............................................. $160/hour Senior Combination Building Inspector (Building Inspector III) ........................... $135/hour Commercial Building Inspector (Building Inspector II) ........................................ $120/hour Residential Building Inspector (Building Inspector I) ........................................... $105/hour Permit Manager ....................................................................................................... $110/hour Senior Permit Technician......................................................................................... $95/hour Permit Technician.................................................................................................. $85/hour Clerk/Administrator.................................................................................................. $70/hour Civil Plan Review (Grading, Improvement Plans) ................................................. $160/hour Supervising Inspector ofRecord ............................................................................. $165/hour Inspector of Record (Including DSA/OSHPD) ....................................................... $155/hour CSA 3/13 r. 6/30/15 -14-
Project Manager..................................................................................................... $175/hour Principal-in-Charge ............................................................................................... $245/hour GoFormz Software ................................................................................................. $50/user monthly
2. Fire
Fire ProtectionEngineer(FPE) ......................................................................................... $195/hour Fire Prevention Officer ..................................................................................................... $155/hour Fire Plans Examiner ........................................................................................................... $155/hour Fire Inspector ..................................................................................................................... $140/hour Fire Inspector ..................................................................................................................... $120/hour
3. Public Works Inspection (Prevailing Wage) *
Civil Plan Review (Grading, Improvement Plans) .......................................................... $160/hour Certified Access Specialist (CASp) Inspector (Regular time) ……….…….………….. $160/hour Certified Access Specialist (CASp) Plans Examiner …………….……………...…….. $160/hour Public Works Inspector (Regular Time) …………………………...……………..…… $153/hour Public Works Inspector Apprentice ……………………………….…...……………… $99/hour *If selected, we can provide a more detailed list of Public Works roles based on the project.
B. 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 of the pick-up of plans.
• Expedited reviews will be billed at 1.5x 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 2-hour minimum charge if hourly rates apply.
CSA 3/13 r. 6/30/15 -15-
• Larger complex plan reviews can be negotiated to achieve the best possible pricing.
• 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-bycase 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 FY2023-2024 contract period. There will be a 3% escalation for FY2024-2025, FY2025-2026 • Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125x hourly rate
- Overtime (over 8-hour M-F or Saturdays) 1.5x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2x hourly rate - Overtime (over 8 hours Sun or Holidays) 3x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City 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 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 CSA 3/13 r. 6/30/15 -16-
EXHIBIT C
QUALIFICATIONS
This firm has demonstrated its ability to support Newark’s Building Inspection Division quality and level of service through the past 6 years and their references, interviews, and qualifications of available staff.
FIRST AMENDMENT TO THE CONTRACTURAL
SERVICES AGREEMENT BETWEEN THE CITY OF
NEWARK AND 4LEAF, INC.
This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, (“City”) and 4Leaf, Inc., a Corporation (“Consultant”) (together sometimes referred to as “Parties”) dated July 10, 2023, is entered into as of July __, 2025.
RECITALS
WHEREAS, the Parties executed a Contractual Services Agreement (the “Agreement”) to provide building inspection field inspection and related professional services; and WHEREAS, Section 25 of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement for the Consultant to provide an update cost of service schedule that includes a new title for available services; and WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.
NOW, THEREFORE, the Parties hereby agree as follows:
1. Exhibit B, of the Agreement, is amended to provide an additional position title, that allows a more flexible staffing augmentation.
2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
City of Newark Consultant
4 Leaf, Inc.
____________________________ _______________________
David Benoun Kevin Duggan
City Manager President
Dated: _____________________ Dated: __________________
Attest:
_____________________________
Sheila Harrington
City Clerk
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
EXHIBIT B
City of Newark
2025-2026 Fee Schedule
June 2,2025
FEE SCHEDULE
FY2025-2026 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF NEWARK
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Complete Plan Review Percentage: 70%
Partial Plan Review: 40%
(Inclusive of all disciplines except Fire and Civil which are billed on an hourly basis)
Hourly Plan Review: $125 Non-Structural Review
$160 Structural Review
Fee includes:
Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
Shipping, courier, and electronic service.
Building
Chief Building Official..........................................................................................................................$170/hour Structural Plan Review Engineer.........................................................................................................$160/hour Non-Structural Plans Examiner...........................................................................................................$125/hour Certified Access Specialist (CASp) Inspector........................................................................................$160/hour Certified Access Specialist (CASp) Plans Examiner..............................................................................$160/hour Senior Combination Building Inspector(Building InspectorIII)...........................................................$135/hour Commercial Building Inspector(Building InspectorII) ........................................................................$120/hour Residential Building Inspector(Building InspectorI)...........................................................................$105/hour Training Building Inspector………………………………………………………………………………………………………………………..$65/hour Permit Manager..................................................................................................................................$110/hour Senior Permit Technician ....................................................................................................................$95/hour Permit Technician ...............................................................................................................................$85/hour Clerk/Administrator ............................................................................................................................$70/hour Civil Plan Review (Grading, Improvement Plans) ................................................................................$160/hour Supervising Inspector of Record………………………………………………………………………………………………………………….$165/hour Inspector of Record (Including DSA/OSHPD).......................................................................................$155/hour Project Management
Project Manager .................................................................................................................................$175/hour Principal-in-Charge..............................................................................................................................$245/hour GoFormz Software .................................................................................................................. $50/user monthly Fire
Fire Protection Engineer (FPE) ............................................................................................................$195/hour Fire Prevention Officer........................................................................................................................$155/hour Fire Plans Examiner.............................................................................................................................$155/hour Fire Inspector II ...................................................................................................................................$140/hour Fire Inspector I ....................................................................................................................................$120/hour City of Newark
2025-2026 Fee Schedule
June 2,2025
Engineering, Public Works Inspection, & Construction Management (Prevailing Wage) Civil Plan Review (Grading, Improvement Plans) ................................................................................ $160/hour Certified Access Specialist (CASp) Inspector(Regular time)..................................................................$160/hour Certified Access Specialist (CASp) Plans Examiner................................................................................ $160/hour Public Works Inspector(Regular Time)................................................................................................. $153/hour Public WorksInspector Apprentice....................................................................................................... $99/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 of the pick-up of plans. • Expedited reviews will be billed at 1.5x 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 $285.00 minimum fee if percentage-based fee or 2-hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • 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 FY2025-2026 contract period. There will be a 3% escalation for FY2026-2027 and FY2027-2028.
• 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-F or 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 designated City 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 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 ofservices 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.
Item H. 1.
DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Adopt a resolution approving the reappointment of Rick Arellano, Sandra Arellano, and Olga Borjon to the Senior Advisory Committee for a two-year term
The Senior Advisory Committee discusses issues impacting seniors within the City of Newark, identifies areas where support is needed, and provides recommendations to the City Council. The Committee also supplies information intended to promote the well-being of Newark’s older adult community.
Committee Members Rick Arellano, Sandra Arellano, and Olga Borjon were appointed to terms ending April 30, 2026. Each has expressed interest in continuing to serve and has requested reappointment to a new two-year term.
The Senior Advisory Committee Handbook provides for a membership of no fewer than five and no more than nine members. The Mayor may leave vacancies unfilled, provided the Committee maintains at least five members. Committee Member Kathleen Lemos resigned effective February 20, 2026. Following her resignation, the Committee will consist of eight members, with one vacancy.
The vacancy has been opened for recruitment. Applicants must be Newark residents who are 55 years of age or older. Applications are available at the Office of the City Clerk, 37101 Newark Boulevard, 2nd Floor; the Clark W. Redeker Senior Center, 7401 Enterprise Drive; on the City’s website at www.newark.org; or by calling (510) 578-4266. Applications will be accepted by the City Clerk’s Office until 2:00 p.m. on Monday, March 31, 2026.
Committee members are appointed by the Mayor and confirmed by the City Council for two-year terms. It is recommended that the City Council adopt a resolution approving the Mayor’s reappointment of Rick Arellano, Sandra Arellano, and Olga Borjon to the Senior Advisory Committee for a two-year term beginning May 1, 2026, and ending April 30, 2028.
Attachments
Attachment A - Reappointments of Senior Advisory Committee Members RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE REAPPOINTMENT OF RICK
ARELLANO, SANDRA ARELLANO, AND OLGA BORJON TO
THE SENIOR ADVISORY COMMITTEE FOR A TWO-YEAR
TERM.
WHEREAS, the appointments of Rick Arellano, Sandra Arellano, and Olga Borjon to the Senior Advisory Committee will expire on April 30, 2026; and WHEREAS, Rick Arellano, Sandra Arellano, and Olga Borjon have requested reappointment; and
WHEREAS, the Mayor of the City of Newark has reappointed Rick Arellano, Sandra Arellano, and Olga Borjon to the Senior Advisory Committee will expire on April 30, 2028.
NOW, THEREFORE, BE IT RESOLVED that said appointments are hereby confirmed by the City Council of the City of Newark.
Item H. 2.
DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Adopt a resolution approving reappointment of Daniel Cardenas, Vinod Kumar, and Michael Marzano to the Measure GG/LL
Oversight Committee for a four-year term
The Measure GG/LL Oversight Committee (Committee) reviews sales tax expenditures and provides an annual report to the City Council on whether transactions and use tax revenues are spent appropriately. The Committee consists of five members who are at least 18 years old and residents of the City of Newark. All members are required to file a Form 700, Statement of Economic Interests, within 30 days of taking office and to complete AB 1234 Ethics training within the first year of appointment, with refresher training every two years thereafter.
Committee members Daniel Cardenas, Vinod Kumar, and Michael Marzano were appointed for a four-year term ending April 30, 2026. They have expressed interest in continuing their service and have requested reappointment for an additional four-year term.
As per Newark Municipal Code, Section 3. 16.60, the members of the Measure GG/LL Oversight Committee shall be appointed by the Mayor and confirmed by the City Council. It is recommended that the City Council adopt a resolution approving the Mayor’s reappointments of Daniel Cardenas, Vinod Kumar, and Michael Marzano to the Committee for a four-year term ending April 30, 2030.
Attachments
Attachment A - Reappointments of the Measure GG/LL Oversight Committee Members RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE REAPPOINTMENT OF DANIEL
CARDENAS, VINOD KUMAR, AND MICHAEL
MARZANO TO THE MEASURE GG/LL OVERSIGHT
COMMITTEE FOR A FOUR-YEAR TERM
WHEREAS, the appointments of Daniel Cardenas, Vinod Kumar, and Michael Marzano to the Measure GG/LL Oversight Committee will expire on April 30, 2026; and WHEREAS, Daniel Cardenas, Vinod Kumar, and Michael Marzano have requested reappointment; and
WHEREAS, the Mayor of the City of Newark has reappointed Daniel Cardenas, Vinod Kumar, and Michael Marzano to the Measure GG/LL Oversight Committee will expire on April 30, 2030.
NOW, THEREFORE, BE IT RESOLVED that said appointments are hereby approved by the City Council of the City of Newark.
Item H. 3.
DATE 03/12/2026
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT Update on the Public Art Committee Selection Process and Discussion on Increasing the Number of Committee Members At the January 8, 2026, City Council meeting, the Council adopted ordinance 558, which created the City’s first Public Art Committee. The ordinance allows the Public Art Committee to be comprised of five members, one student representative and two alternate committee members.
Applications to join the committee were available for an approximate four-week period and 26 applications were received. Mayor Hannon has interviewed the candidates.
Given the level of community interest and the number of qualified candidates, Mayor Hannon is requesting that the number of committee members be increased.
If the Council accepts the Mayor’s recommendation, then staff will return at a future City Council meeting with the necessary ordinance amendments to effectuate this direction.