10-067 4LEAF, Inc., Professional Services, Plan Review and Inspection Services CONSULTANT SERVICES AGREEMENT
CUPERTINO
THIS AGREEMENT is entered into by and between the City of Cupertino, a municipal
Corporation ( "City "), and 4LEAF, Inc. ( "Consultant ").
RECITALS
A. The City desires to contract for the provision of professional services for Plan Review
and Inspection Services.
B. Consultant qualifications have been re, iewed and accepted by the City. Consultant
desires to perform such professional services under agreement with the City.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
City and Consultant agree as follows:
AGREEMENT
1. Services Subject to the terms and conditions set forth in this Agreement
( "Agreement "), Consultant shall provide the professional services as described in the attached
Exhibit "A"
2. Payment.
(a) Payment for Professional Servic Shall be provided as described in the
attached Exhibit `B" and Exhibit "C"
(b) Additional Services. Any additional services required beyond those set forth in
this Agreement shall be performed only if mutually agreed to in writing by the City and
Consultant.
3. Responsible Personnel. The professional services described in this agreement shall be
performed by or under the supervision of a registered civil or structural engineer or licensed
architect. Consultant shall assign only competent personnel to perform services pursuant to this
agreement. In the event that the City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any person or persons assigned by Consultant to perform
services pursuant to this Agreement, Consultant sr all remove any such person immediately upon
receiving notice thereof from the City.
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4. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing services pursuant to the Agreement.
5. Subcontracting. Consultant shall not be permitted to subcontract any portion of this
Agreement without the express written consent of the City.
6. Independent Contractor. Both parties understand that Consultant, its agents,
employees and independent contractors are and sh all at all times remain as to the City wholly
independent contractors. Neither the City nor any of its officers or employees shall have any
control over the manner by which the Consultant performs this Agreement and shall only dictate
the results of the performance. Consultant shall not represent that Consultant or its agents,
employees or independent contractors are agents or employees of the City. Except as the City
may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of
the City in any Capacity whatsoever as an agent. Consultant shall have no authority, express or
implied, pursuant to this Agreement, to bind the City to any obligation whatsoever.
7. Accounting Records. The Consultant agrees to maintain all records and other
evidence pertaining to cost incurred and work performed hereunder, and shall make them
available at the Consultant's office during the Agreement period and thereafter for period of
three years from the date of receipt of final payment.
8. Ownership of Data. All data, maps, photographs, and other material collected or
prepared under the Agreement shall become the property of the City.
9. Termination. City may terminate this Agreement at any time for any reason upon
fourteen (14) days written notice to the Consultant. Upon receipt of such notice and if requested
to do so by the City, Consultant shall stop work at the stage directed by City and shall deliver all
transmitted documents to the City. Consultant shall accept as full payment for services rendered
to the date of termination a pro rata share of the total Agreement payment based on the portion of
work actually performed.
10. Amendment. It is mutually understood and agreed that no alteration or variation of
the terms of this Agreement, or any subcontract requiring the approval of the City shall be valid
unless made in writing, signed by the parties hereto.
11. Non — Solicitation Clause. The Consultant warrants that he /she has not employed or
retained any company or persons, other that a bona fide employees working solely for the
consultant, or paid any fee, commission, percentage, brokerage fee, gifts or any other
consideration, contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, the City Shall have the right to annul this Agreement
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without liability, or, in its discretion to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage free, gift, or
contingent fee.
12. Indemnification. Consultant shall indemnify, defend, and hold harmless the City and
its officers, officials, agents, employees and volunteers against any and all liability, claims,
actions, causes of action or demands whatsoever against any of them, including an injury death
of any persons or damage to property or other liability of any nature, arising out o for in any way
connected with the performance of this Agreement.
13. Insurance. Consultant shall procure and maintain at its sole cost for the duration of
this agreement the following insurance:
(a) 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).
(3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance
(4) Errors and Omissions liability insurance appropriate to Consultant's
profession.
(b) Minimum Limits of Insurance. Consultant shall maintain policy limits of no less
than:
(1) General Liability: $1,000,000 combined single limit 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 combined single limit per accident for
bodily injury and property damage.
(3) Worker's Compensation and Employers Liability: Worker's
Compensation limits as required by the Labor Code and Employers Liability limits of
$1,000,000 per accident.
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(4) Errors and Omissions Liability: $1,000,000 per claim and annual
aggregate
(c) Deductibles and Self- Insured Retention. Any deductibles or self insured
retention must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self - insured retention as respects
the City, its officer, officials, employees and volunteers; or Consultant shall procure a bond
guaranteeing payment of losses and related investigation, claim administration and defense
expenses.
(d) Other Insurance Provisions. The policies shall contain, or be endorsed to
contain, the following provisions:
(1) General Liability and Automobile Liability Coverage.
a. The City, its officers, officials, employees, agents and volunteers are
to be covered as insured as respects: liability arising out of activities performed
by or on behalf of Consultant; products and completed operations of Consultant;
premises owned, occupied or used by Consultant; or automobiles hired or
borrowed by Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials, employees,
agents or volunteers.
b. Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any
insurance or self - insurance maintained by the City, its officers, officials,
employees and volunteers. Any insurance or self- insurance maintained by the
City, its officers, officials, employees, agents or volunteers shall be excess of
Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials, employees,
agents or volunteers.
d. Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
(2) Worker's Compensation and Employers Liability Coverage_ The insurer
shall agree to waive all rights of subrogation against the City, its officer, officials,
employees and volunteers fr losses arising from work performed by Consultant for
the City.
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(3) All Coverage. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled by either party except after thirty
(3) days' prior written notice by mail has been given to the city.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Best's
rating of no less than A: VII
(f) Verification of Coverae. Consultant shall furnish the City with certificates of
insurance and with original endorsements effecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All certificates and endorsements
are to be received and approved by the City before work commences. The city reserves the
right to require complete certified copies of all required insurance policies, at any time.
14. Safety and Accidents. Consultant shall comply with all laws and industrial safety
standards. If a death, serious personal injury or substantial property damage occurs in connection
with the performance of this Agreement, Consultant shall immediately notify the Cit's Risk
Manager by telephone.
15. Ownership of Documents. All documents of any type developed or obtained by
Consultant in the performance of this Agreement shall be deemed to be the property of the City
16. Notice. Any notice to be given under this Agreement shall be given by enclosing the
same in a sealed envelope, first -class postage prepaid and depositing the same in the United
States mail, addressed to the party at the following address:
CITY: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CONSULTANT: 4LEAF, Inc
2110 Rheem Dr. Suite A
Pleasanton, CA 94588
17. Assignment. This Agreement contemplates the personal services of Consultant and its
employees and it is understood by both parties that a substantial inducement to City for entering
into this Agreement was, and is, the professional reputation and competence of Consultant.
Consultant shall not assign or otherwise transfer this Agreement or the rights or obligations
hereunder without the prior written consent of th-. City.
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18. Qualifications. Consultant represents that it and its employees are fully qualified to
perform the services under this Agreement. Consultant represents and warrants to the City that
Consultant has, and at all times during the performance of this Agreement shall maintain all
licenses, permits, qualifications and approvals of any nature which are required for Consultant to
practice Consultant's profession.
19. Time of Performance. The time of performance of the services under this agreement
is important to the City, and all time deadlines indentified in the Project Schedule shall be strictly
construed.
20. Standard of Performance. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in which
Consultant practices his profession. All products which Consultant delivers to City pursuant to
this Agreement shall be prepared in a substantial, workmanlike manner, and conform to the
standards of quality normally observed by a person practicing in Consultant's profession. The
City shall be the sole judge as to whether the product of the Consultant is satisfactory.
21. Prohibited Interest. No officer or employee of the City shall have any direct financial
interest in this Agreement. This Agreement shall be voidable at the option of the City if this
provision is violated.
22. Governing Law. California law shall govern this Agreement. Any action to enforce or
interpret this Agreement shall be brought in a court of competent jurisdiction in Contra Costa
County, California.
23. Entire Agreement. This Agreement is the entire Agreement between the parties and
supersedes all prior negotiations, representations, or agreements, whether written or oral. This
Agreement may be amended only by written agreement signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the W� / day
of , 2010.
CONSULTANT CITY OF CUPERTINO
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By:� ma
Princkle City y M � anager
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Exhibit "A"
(Scope of Services)
PLAN REVIEW SERVICES
Plan Review
4LEAF will be perform plan reviews to check plans for compliance with the California Building
Laws as generally found in Title 24 Parts 2,3,4,5.6,8 and 12 including structural, fire /life safety,
disabled access, and energy conservation requirements — as amended by the City of Cupertino
(AGENCY).
Comment Lists and Plans Delivery
Plan reviews results in typed lists of comments which refer to specific details and drawings, and
reference applicable code sections. 4LEAF will transport plans and comments to AGENCY in
person, via FAX and/or via email. 4LEAF will pick up and deliver plans in person at no
additional cost to the City. Depending on the AGENCY's preferred process, 4LEAF will
provide plan check comments and perform rechecks directly with the (1) AGENCY, or (2) the
applicant/designer, returning approved documents to the AGENCY after the plan review process
is completed.
Turn - Around Schedules
Plan review will generally be completed / returned to AGENCY within approximately ten (10)
working days of the date the plans are received by 4LEAF. Other turnaround schedules will be
accommodated at request of AGENCY. Large, unusually complex plan reviews may require up
to a fifteen (15) working day turn - around. Please see 4LEAF's plan review schedule below.
Type of Plans Transportation Initial Subsequent Expedited Service
Review Review
Residential < 24 Hours (pick No Additional Charge
up & delivery by < 10 Days < 5 Days (when staff available)
4LEAF staff)
< 24 Hours (pick No Additional Charge
Commercial up & delivery by < 10 Days < 5 Days (when staff available)
4LEAF staff)
Large Commercial < 24 Hours (pick No Additional Charge
>15,000 Sq. Ft. up & delivery by < 15 Days < 5 Days (when staff available)
4LEAF staff)
Technical Support
When mutually agreed between the AGENCY and 4LEAF, 4LEAF staff will attend pre -
construction or pre- design meetings, field visits upon request, and provide support for field
inspection personnel on an as- needed basis.
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INSPECTION SERVICES
4LEAF will provide building inspector(s) as requested by the City. The scope of inspection
services to be provided will be defined as listed below or as defined uniquely for each project or
as determined by 4LEAF and the AGENCY. Inspector(s) will report directly to the AGENCY
Building Official or other person designated by the AGENCY for all project - related work.
In general, the inspection services to be provided may include, but are not limited to, field
observation of all construction activity, preparation of daily reports, review of submittals and
other duties as assigned. Please see 4LEAF's chart below for scheduling of inspection staff:
Inspector Interim Full -Time
Building Inspector < 1 Da vs < 5 Days
Senior Building Inspector < 1 Days < 10 Days
Permit Technician < 1 Da vs < 5 Days
Building Official < 1 Da Vs < 15 Days
Construction Inspector < 1 -2 Days < 5 Days
Inspector of Record < 1 -2 Days < 5 Days
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Exhibit `B"
(Compensation Schedule)
Building Plan Review Fees
Fees for comprehensive plan reviews, performed at 4LEAF offices, will be equal to sixty -five
percent (65 %) of the City of Cupertino (AGENCY) - most recently adopted fee schedule.
The above fee covers all services associated with the typical plan review, including:
• Delivery of design documents to the AGENCY.
• First, second, and third reviews, if necessary, to approve projects
• Pre - application, pre - construction, or additional meeting attendance that is necessary for
unusual or complex projects.
Partial Plan Reviews
Structural -only plan review fees will be forty percent (40 %) of the AGENCY — latest adopted fee
schedule. Special project fees (e.g., plumbing/ mechanical / electrical -only/ Miscellaneous Items)
can be based on a percentage of the plan review fee, hourly rate or other fee methods mutually
agreeable to both parties.
Other Potential Fee Types
For projects where percentage fees are not applicable or for plan review projects requiring
services exceeding the normal expectations, the attached hourly rate listed in 4LEAF Schedule of
Charges (Exhibit "C ") will be used.
Inspection Fees
On -site field inspection related support services are performed on an hourly fee basis as listed in
the attached Schedule of Charges (Exhibit "C "). Overtime hours are assessed at and additional
fifty percent (50 %) of the hourly rate. 4LEAF will only charge overtime rates upon written
approval from the Building Official. When requested by the AGENCY, 4LEAF will provide
transportation for inspection services per the current IRS rate per mile for travel within the
AGENCY.
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1
Exhibit "C"
(Schedule of Charges)
PLAN REVIEW RATES
Plan Check Service Fee for 1" Review Hourly rate for offsite and/or greater
and subsequent than 3 reviews offsite (with
rechecks authorization from Building Official):
Comprehensive Plan Review
including, but not limited to, $110/hour structural
Life Health Safety, Structural, 65% of City fee
Accessibility and Title 24 $85/hour non - structural
Energy Requirements
Plumbing, Mechanical, and 40% of City fee $85/hour non - structural
Electrical Plan Checks
Structural Only Plan Checks 40% of City fee $110/hour structural
HOURLY STAFF RATES
Position Hourly Rate
Building Inspector $70.00 per hour
Senior Building Inspector $80.00 per hour
Supervising Inspector $90.00 per hour
Casp Certified Professional $100.00 per hour
Temporary Building Official $130.00 per hour
Permit Technician $48.00 per hour
Code Enforcement $65.00 per hour
Hourly overtime charge per inspector 1.5 x hourly rate
General Assumptions:
• Mileage for Building Inspection Services will be charged at the IRS rate + 20 %.
• Projects that require prevailing wage staff (tax funded capital improvement projects) will
require a rate of $90 /hour.
• Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables.
• Building Inspection Services are subject to four (4) hour minimum charges. Building
Official Services requires a four (4) hour minimum charge.
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