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4LEAF - 2013 Agreement
AGREEMENT FOR SERVICES This AGREEMENT made this l day of March, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: 4LEAF, Inc., having a principal place of business at 2110 Rheem Drive, Suite A, Pleasanton California 94588. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on March 22, 2013 and will continue in effect through March 21, 2016, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONSULTANT STATUS It is the express intention of the parties that CONSULTANT is an independent CONSULTANT and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. -1- C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." -2- ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses,. liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish evidence of such coverage -3- (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf, • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this in Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done -5- toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subCONSULTANTs performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subCONSULTANTs, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every CONSULTANT or subCONSULTANT under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting no practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subCONSULTANT. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. \MDOLINGER \1070823.1 -%- 101712- 04706083 K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: 4LEAF. Inc. By: Name: Title: Arl Social Security or Taxpayer Identification Number 94- 3393574 Approved as to Form arty Attorney 1MDOLINGER11070823.1 -8- 101712- 04706083 CITY: Y OF ILROY By: Name: T omas J. Haglund Title: City Administrator ATTEST;, /, yvoz- S awna Freels - City EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Craig Tole, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, David Chung, shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. -1- Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. -2- D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. -3- H. NOTICES. Notices are to be sent as follows: CITY: David Chung, Building Plan Check En ineer City of Gilroy 7351 Rosanna Street Gilroy, CA. 95020 CONSULTANT: Craig Tole, Building Department Services Manager 4LEAF, Inc. 2110 Rheem Drive, Suite A, Pleasanton, CA. 94588 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she 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, the Local Agency shall have the right to annul this Agreement without liability or, at its 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. H EXHIBIT "B" SCOPE OF SERVICES 4LEAF shall be responsible for the following services: 1 Perform on -call (onsite and offsite) and expedited plan review of submitted residential, commercial and industrial (structural and non - structural) building plan and fire suppression, detection and alarm system plans. 2 Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes and standards amended by the City. COMPLIANCE STANDARDS 3 Perform comprehensive plan review service including all trades; other functions include but are not limited to: writing plan review reports, holding meetings, answering inquiries and phone calls as needed. 4 Incorporated requirements from other City departments, divisions, regulating agencies and jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health Department, etc. 5 Process plan revisions and verify that corrections have been satisfactorily made in a timely manner. COMMUNICATION STANDARDS 6 Provide a 1 -800- number for service calls from BLES Division and permit applicants. 7 Be available to confer with applicants and City staff at City Hall by telephone conversations, e- mail and fax during all normal business hours. 8 Provide in -house plans examining services at City Hall. 9 Provide pick -up and delivery service to and from City Hall when necessary. STAFF MEETING/PROFESSIONAL DEVELOPMENT 10 Meet with BLES staff upon request. 11 Provide BLES staff with scheduled training modules instructed by your staff to further professional development and meet the intended standards of AB 717 (certification and continued educational training, minimum fifteen (15) hours annually). City staff will provide a list of topics. -1- 4LEAF, INC. ENGINEERING' CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK Section A — Proiect Statement 4LEAF has a detailed understanding of the needs of Building Departments located in the Peninsula and South Bay. Our role as a "consultant" is to provide immediate access to our team of inspectors and plans examiners to help expedite the building department services offered by the City. These services include: • On -Call Inspection Services (short term, one -day fill -in upon Request). 4LEAF has an exemplary reputation for supplying inspection services immediately upon request. In many instances, 4LEAF is able to supply inspection services on same day requests. 4LEAF has the largest pool of qualified inspectors in Northern California. • On -Call Plan Review Services (off -site Review). 4LEAF provides the ability for communities to have plans reviewed off -site. 4LEAF's normal plan review time -table is 10 Days or Less and our expedited time -table is 5 days or less. • On -Call Plan Review Services (on -site Review). 4LEAF has the experience and staff available to serve the City of Gilroy for on -site plan review needs. 4LEAF serves many Cities in this capacity including the City of Palo Alto where we have provided up to five full -time plan review engineers. This service has helped the City keep all projects in -house and maintain fast turn - around times. Projects include, Stanford Shopping Center, VM Ware, and Tesla. • On -Call Fire Inspections and Plan Review (off -site and /or on- site). 4LEAF has a qualified team of Fire Protection Engineers and Fire Inspectors available to serve the City. Most recently, 4LEAF has served the Livermore - Pleasanton Fire Department with plan review and inspection services on many important fire projects including their brand new Paragon Outlet's Project off of Highway 580 in Livermore. Independent Expedited Review 4LEAF will perform expedite plan review services in two different capacities. Scenario # 1— Developer funded expedited reviews — 4LEAF can negotiate on appropriate rate for review with the City to ensure all compensation is equitable to the service performed. 4LEAPs expedited turn- around time is 5 days or less. Scenario # 2 — City requests with no additional funding — Upon request, 4LEAF will perform expedited reviews for the City at no additional charge. 4LEAF has a proven track record of assisting our clients with expedited reviews under unique customer service situations when projects need to be completed quickly. Proposal to Provide On -Call and Expedited Plan Review and Inspection Services for the City of Gilroy Page 1 of 10 Request for Proposal No. 13- RFP -CDD -367. , November 7, 2012 -2- 4LEAF, INC. ENGINEERING • CONSTRUCTION MANAGEMENT BOWING INSPECTION • PLAN CHECK Section B — Project Approach Inspection Services Work Plan Overview As your consultant, we understand that our role is to advocate for the City of Gilroy and represent the City's best interests. 4LEAF's team will function as an extension of City staff, seamlessly integrating with the personnel and practices established by the City while adding the perspective and expertise that only 4LEAF can offer. Our goal, which we have successfully accomplished on previous clients' projects, is to have our staff integrate fully with yours and be accepted as an essential part of the City of Gilroy. Improved quality and business practices are integral factors of 4LEAF's ideals. If we are to be successful, we must be able to meet our customers' expectations. If we want to become the City of Gilroy's Building Department services firm of choice, we must be able to exceed your expectations. To this end, we continuously examine and improve every aspect of our business practices. We have no interest in doing things "the way we've always done them "; we will work with the City core staff to continually innovate and improve our services. Supervision All inspection requests will be handled by 4LEAF's Project Manager Craig Tole. Craig has facilitated every inspection contract on behalf of 4LEAF for the last seven years and has a proven track record of supplying inspectors to jurisdictions on short notice and for full -time staff augmentation positions. In addition, Craig has the industry resources to recruit and hire the best available talent in the industry should the City seek specific qualifications. 4LEAF will supervise our staff by routinely communicating with building department personnel to ensure there are no personality conflicts and their work performance is satisfactory. 4LEAF will work with the department to ensure the City always has home office support and open lines of communication. Scheduling Timeline 4LEAF maintains a database of qualified inspectors of varied qualifications. Inspectors vary from current full -time inspection staff, idle staff (temporarily between assignments), and pre - qualified staff which include inspectors who are available subject to client demand. 4LEAF's inspectors are all ICC certified and experienced working within a municipal work environment. 4LEAF can provide interim or full -time inspectors same -day or within one business day. Periodic Inspection Services 4LEAF can fulfill inspection requests immediately upon request, including same day. 4LEAF has a wealth of local and available inspectors ready to serve the City of Gilroy. In addition, 4LEAF has a proven track record of providing such services to a number of different building departments. Part -Time Inspection Services 4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF's Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule. Full -Time Inspection Services 4LEAF can provide full -time inspectors upon request. 4LEAF provides this service regularly to many clients throughout the Peninsula /South Bay Regions, East Bay, and Central Valley. p Expedited Plan Review and Inspection Services for the City of Gilroy Page 2 of 10 Proposal to Provide On -Call and Ex pe y y Request for Proposal No. 13- RFP -CDD -367, November 7, 2012 -3- 4LEAF, INC. ENGINEERING . CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK Plan Review Work Plan Standard Review 4LEAF is able to work effectively with Design teams and assist Public Works, Planning and Building Departments in the construction, rehabilitation and repair of both public and private projects. Our experience includes working alongside Design Review and Preservation Boards to determine design criteria and associated project requirements, and performing plan reviews of both public and private projects, checking for compliance with the structural, life- safety, accessibility, plumbing, mechanical, electrical, fire and local codes & ordinances. Structural Plan Reviews are performed by California Registered Engineers or ICC- certified staff under the direction of Engineers. All non - structural plan reviews are performed by Registered Architects or ICC - certified personnel. Off -site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn - around time is within 10 business days for residential plan reviews and within 10 days for commercial /industrial plan reviews; however, these timeframes are negotiable based on your needs. 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 any additional data; • Ascertaining whether projects are in accordance with applicable building codes; • Checking and processing building plans and inspecting (as needed) to ensure compliance with approved plans and codes; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads and stability as per the applicable laws; • 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 Building Dept or, as needed, at a site mutually agreed upon in writing; • supplying all plan review staff with all code books and other basic professional references; Fire Review 4LEAF has the capabilities to perform Fire Plan Check Services. 4LEAF has four Fire Protection Engineers on staff capable of handling reviews for fire alarms, fire sprinklers, special hazards, underground piping, tanks, Clean Agent Gas (FM 200, CO2), etc. Electronic Review Available When plans and documents are received for review, 4LEAF's Plan Review Manager and Senior Engineer analyzes the project, creates a Job number, and completes a Job Setup Sheet. This highlights both jurisdiction and project specific design criteria, and notes applicable contact information. Jobs are transmitted through 4LEAF's easily accessed EZ Plan Review portal, which tracks initial and subsequent reviews, and is open for view, by the customer. The City and their Customers can view 4LEAF's plan control log through EZ Plan Review Portal. Proposal to Provide On -Call and Expedited Plan Review and Inspection Services for the City of Gilroy Page 4 of 10 Request for Proposal No. 13- RFP -CDD -367. November 7, 2012 4LEAF, INC. ENGINEERfNG • CONSTRUCTION MANAGEMENT BUILDING INSPECTION • PLAN CHECK 4LEAF's EZ Plan Review :D Structural & Non - Structural Guidelines and Checklists ::) Specialized Spreadsheet —Web-Based (EZ Plan Review) Plans then get distributed for review by a 4LEAF team „- consisting of a Plan Review Engineer (a licensed State Michael Petersen Engineer) and an [CC Certified Plans Examiner, as applicable.w 4/7/2013 Our staff then performs his or her function of analyzing the n,4 plans and documentation for effective conformance to the Ed Fang, P.E. California Codes, referenced construction standards, and 6/24/2013 City amendments; code review methodology entails "The CASp -226 Effective Use of the CBC" reinforced through proprietary'; Ron Abbot (Subconsultant) and jurisdictional checklists. When complete, the Manager 9/22/2012 overviews the project for quality control purposes, and CASp -021 forwards comments, or approvals, to the pre- designated contacts. Structural Only Reviev °.= Upon request, 4LEAF will perform "structural only" reviews for the City. 4LEAF can communicate directly with the designers via email, in- person meetings, and through our EZ Plan Review system. 4LEAF prefers PDF files for Structural only reviews which allows several different Structural Engineers to review plans together should there be design related questions. The majority of 4LEAF's plan review engineers have a design background and work well with project designers. Certified Access Specialist (CASp) Plan Review 4LEAF has Certified Access Specialists on staff to assist the City with CASp reviews. 4LEAF has three certified access specialists on -staff and commitments of three additional CASp personnel on a sub - consultant basis. Our CASp team includes: CASp Review Certification No. Expiration Michael Petersen CASp -188 4/7/2013 George Hoyt, C.B.O CASp -251 6/28/2013 Ed Fang, P.E. CASp -227 6/24/2013 Martin Price CASp -226 6/24/2013 Ron Abbot (Subconsultant) CASp -135 9/22/2012 Kim Blackseth (subconsultant) CASp -021 9/29/2014 Proposal to Provide On -Call and Expedited Plan Review and Inspection Services for the City of Gilroy Page 5 of 10 Request for Proposal No. 13- RFP -CDD -367. November 7, 2012 EXHIBIT "C" MILESTONE SCHEDULE -1- V' t oy Plan Check Department Experience • Currently performing plan review for more than 35 municipalities • Experienced with high volume jurisdictions with quick -turn around times Large Commercial ?15,000 Sq. Ft <24 Hours (pick up & delivery by 4LEAF staff). <24 Hours (pick up & delivery by 4LEAF staff) <24 Hours (pick up & delivery by 4LEAF staff) Plan Review will be performed locally No Additional Charge (when staff available) No Additional Charge (when staff available) No Additional Charge (when staff available) 4LEAF, INC. EXHIBIT "D" PAYMENT SCHEDULE -I- 4LEAF, INC. Eri�i ren.p.n • G � +r�z�:c.:�r.�ra D.1n�:F. [3�rt;.;Yahr. L., >r�: c: rro . • Pt.�r� �etk't.X Fee Schedule NATURE OF BUILDING SERVICES COST STRUCTURE Plan Review Services Plan Review Percentage Cost: 60% Expedited Review: 90% Building Department Services as Outlined in RFP No. 13- RFP -CDD -367 Fire Protection Engineering (FPE's) ............................. ............................... $125 /hour Hourly Structural Review if required (Registered Engineers) .................... $105 /hour Hourly Non Structural Review if required ................... ............................... $85 /hour Senior Combination Building Inspector (Building Inspector III) ................. $88 /hour Commercial Building Inspector (Building Inspector II) .............................. $78 /hour Residential Building Inspector (Building Inspector 1) ... ............................... $68 /hour Hourly overtime charge per inspector ........................ ............................... 1.5 x hourly rate Additional Building Department Services Code Enforcement ....................................................... ............................... $85 /hour Permit Technician ........................................................ ............................... $45 - 55 /hour Inspector of Record /Project Inspector (including DSA or OSHPD) ............. $95 /hour Public Works Inspector ................................................ ............................... $100 /hour Chief Building Official ................................................. ............................... $120 /hour CASpInspection ........................................................... ............................... $155 /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. Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. • All invoicing will be done monthly • Staff Augmentation work (excluding plan review) is subject to 4 hour minimum charges unless stated otherwise. Services billed in 4 hour increments • Rates are all inclusive, no mileage charges will be billed to the City • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge • Overtime must have approval from Chief Building Official Fee Schedule to Provide On -Call and Expedited Plan Review and Inspection Services for the City of Gilroy Page 1 of 1 Request for Proposal No. 13- RFP -CDD -367. 4LEAF -1 OP ID: RR .44c"mi " CERTIFICATE OF LIABILITY INSURANCE DAT E (MM /DDIYYYY) 03/13/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 925 -462 -8400 Granite Prof Ins Lic #OC41366 Fax: 925 -462 -8888 Brokerage, Inc. 6600 Koll Center Parkway #100 Pleasanton, CA 94566 Renee Rice CONTACT NAME: PHONE FAX A/c No Ext : AIC No): E -MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity LIMITS INSURED 4LEAF, Inc. 2110 Rheem Drive, Ste. A Pleasanton, CA 94588 INSURER B: Peerless Insurance Co. INSURER c: National Union Fire Ins. Co PA INSURER D: Continental Casualty Company INSURER E: State Compensation Ins. Fund $ 2,000,00 INSURER F: $ 300,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D UBR POLICY NUMBER MMIDD /YYYY EXP MMLDDY /YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 PREMISES Ea occurrence $ 300,00 A X COMMERCIAL GENERAL LIABILITY X X 6801A466524 04/09/12 04109/13 CLAIMS -MADE FxI OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 4,000,00 Emp Ben. $ 2,000,00 POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 BODILY INJURY (Per person) $ B X ANY AUTO X BA2772762 04109/12 04/09/13 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS NON- -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,00 AGGREGATE $ C EXCESS LIAB CLAIMS -MADE EBU080736219 04/09/12 04/09113 DED I X I RETENTION $ $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y/ N 900986812 04/09112 04/09/13 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below I I I D Prof. Liability MCH288265114 04111/12 04/11/13 Limit 1,000,00 Retention 50,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, ff more space Is required) City of Gilroy, its officers, officials, employees, council, volunteers and agents are named as additional insureds on General Liability and Automobile Liability policies per attached endorsements CGD2470805 and GECA 701 01/07). Primary and Non - Contributory applies to General Liability policy per attached endorsement CGD2470805 rFRTIFICATF HOI nFR CANCELLATION CITYG -3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Gilroy City y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED (N ACCORDANCE WITH THE POLICY PROVISIONS. BLES Division 7351 Rosanna Street Gilroy, CA 95202 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1- 680- 1A466524- TCT -12 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 03 -14 -12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Gilroy, its officers, officials, employees, council, volunteers and agents 7351 Rosanna Street Gilroy, CA 95202 PROJECTILOCATION OF COVERED OPERATIONS: 7351 Rosanna Street Gilroy, CA 95202 1. WHO IS AN INSURED — (Section 11) is amended to include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an addi- tional insured with respect to the independent acts or omissions of such person or organiza- tion. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written con- tract requiring insurance ". This endorsement shall not increase the limits of insurance de- scribed in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and It. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed op- erations hazard" unless a "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring Insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non - contributory basis, this insurance is pri- mary to `other insurance" available to the addi- tional insured which covers that person or organi- zation as a named insured for such loss, and we will not share with that 'other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance ", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such "other insurance ". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: I. How, when and where the 'occurrence" or offense tools place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. S. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 47 08 05