13-188 4Leaf, Inc., On-Call Plan Check and Building Inspection ServicesCUPERTINO
March 24, 2014
4Leaf, Inc,
2110 Rheem Drive, Suite A
Pleasanton, CA 94588
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777 -3366
WEBSITE: WWW.CUPE!rtino.org
Re: Amendment to agreement for On -Call Plan Check and Building Inspection Services.
A fully executed copy of the agreement for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777 -3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
AND 4LEAF, INC FOR ON -CALL PLAN CHECK AND BUILDING INSPECTION
SERVICES
This First Amendment to the Agreement, for reference dated March 5th,
2014, between CITY OF CUPERTINO, a municipal corporation, (hereinafter
"CITY "), and 4Leaf, Inc, a California corporation, (hereinafter
"CONTRACTOR "), whose address is 2110 Rheem Drive, Suite A, Pleasanton, CA
94588, and is made with reference to the following:
RECITALS:
A. On November 12, 2013, an agreement was entered into by and
between City and Contractor (hereinafter "AGREEMENT ").
B. City and Contractor desire to modify the Agreement on the terms
and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and
undersigned parties as follow:
1. TERM:
The term section of the Agreement shall remain the same and shall be in
full force and effect.
2. SERVICES TO BE PERFORMED:
Consultant shall perform additional on -call plan review and building
.inspection services set forth in Exhibit "A ", which is attached hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
The Compensation section of the'A:g er ement shall be increased by this
4-01 amendment in the amount not to exceed_$zQ,00 for a total contract amount not
U v " ''to exceed $90,000. Payment shall be made by chec drawn on the treasure of the
/�ll `
3'yf YCity, to be taken from the 110 - 7502 -7014 fiand.
Except as expressly modified herein, all other terms and covenants set
forth in the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT
4Leaf, Inc ti
By
Title ,P esi D
Date Z ?" f q
Attachments
CITY OF CUPERTINO
A !unici I or ti
By VN A T
Albert Saly do , Building Official
Date `�.f.%')
RECOM DED OR APPROVAL:
- Arista t Director
o=Ayl Development Department
APP ED AS TO FORM:
Carol Korade, City Att mey
A EST:
��226 P '�' jl-"'L�
Grace Schmidt, City ClerkZ�,
3
Exhibit A — Scope of Work
2013 -14 Fee Schedule & Basis of Charges
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
110 - 7502 -7014
$25,000
110 -7503 -7014
$25,000
Total:
$50,000
Amendment #1
110- 7502 -7014
C $40,000
Total
$90,000
PO # 00058274
am
4LEAF, INC.
ENGINEERING . CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
Exhibit A
Scope of Services and Compensation — On-Call Inspection and Plan Review Services
1. Scope of Services: 4LEAF, Inc. "Consultant" shall provide on -call inspection and plan review services as
requested by the City for various City of Cupertino projects. Consultant will provide complete
combination building inspection and plan review services for structural, building, electrical, plumbing,
mechanical, Title 24, and green building projects.
Inspection staff assigned to the Project by the Consultant shall be preapproved by the City of Cupertino
Chief Building Official, and shall be removed immediately upon City's request and replaced with an
approved substitute.
2. Compensation: City shall compensate Consultant for professional services in accordance with the
hourly rates and estimated level of effort as outlined below. Compensation shall not exceed the amount
set forth below.
The compensation to be paid to Consultant under this Agreement for all services described under
Section 1 of this Exhibit and reimbursable expenses shall not exceed a total of Fifty Thousand Dollars
($50,000). Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost to the City unless
Consultant receives prior written consent by 'the City of Cupertino's Chief Building Official. Any
additional requested staff will be billed of the rate show on the attached fee schedule.
Rates and Level of'Effort: The terms of the services will run through June 30, 2014. 4LEAF will provide
the following staff types to perform the on -call services:
Position
_
Estimated
Hours
Hourly Rate
Total
Residential Building Inspector _
NA
$70
Combination Building Inspector (Commercial)
NA
$80
Senior Combination Building Inspector
NA
$105
_
Specialty Inspector (ADA, CASp, etc.)
NA
$175
Plan Review Services (1St and 2 "d Checks)
NA
65% of City Fees
Plan Review (subsequent re- checks or staff
augmentation)
NA
$110
Permit Technician _
NA
$50
-
$40,000
NA - not available since the level of effort for staff cannot be identified until a specific project or task is identified.
Title: See staff types above.
Invoices: In order to request payment, Consultant shall submit monthly invoices to the. City describing
the services performed and the applicable charges (including a summary of work performed during that
period, personnel who performed the services, hours worked, and task(s) for which work was
performed).
Exhibit A: Scope of Services and Compensation for On -Call Building Inspection and Plan Review Services Page 1 of 2
for the City of Cupertino - Amendment #1 February 26, 2014
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A only by advance written authorization from the City's Chief Building Official prior to
commencement of any additional services. Consultant shall submit, at the Chief Building Official's
request, a detailed written proposal including a description of the scope of additional services, schedule,
and proposed maximum compensation.
Exhibit A: Scope of Services and Compensation for On -Call Building Inspection and Plan Review Services Page 2 of 2
for the City of Cupertino - Amendment #1 February 26, 2014
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupert no.org
•
November 27, 2013
4Leaf, Inc.
2110 Rheem Drive, Suite A
Pleasanton, CA 94588
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the
Community Development Department at (408) 777 -3308.
Sincerely,
/ . ()-6A Dorothy Steenfott
Senior Office Assistant
cc: Planning
Enclosure
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND 4LEAF, INC FOR ON -CALL
PLAN CHECK AND BUILDING INSPECTION SERVICES
� THIS AGREEMENT, for reference dated November 12th, 2103, is by aridlie ween
t
f--CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
4Leaf, Inc, a California corporation, whose address is 2110 Rheem Drive, Suite A,
Pleasanton, CA 94588 (hereinafter referred to as "Consultant "), and is made with
reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform
the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement not to exceed
FIFTY THOUSAND DOLLARS ($50,000) upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on November 12th, 2013, and shall
terminate on June 30th, 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform on -call plan review and building inspection services set
forth in Exhibit "A ", which is attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount not to exceed FIFTY THOUSAND DOLLARS ($50,000) set
forth in Exhibit "A ", which are attached hereto and incorporated herein by this reference.
Payment shall be made by checks drawn on the treasury of the City, to be taken from the
110 - 7502 -7014 and 110 - 7503 -7014 funds.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all servioes hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by c;ualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer- independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement, No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer- employee relationship from any fees
due Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant,
8. NON - DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer /employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
Indemnification:
Consultant shall, to the fullest extent allowed by law, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers
from and against any and all liability, claims, actions, causes of action or
demands whatsoever against any of them, including any injury to or death of
any person or damage to property or other liability of any nature, whether
physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the performance of this Agreement by Consultant or Consultant's
employees, officers, officials, agents or independent contractors. Such costs and
expenses shall include reasonable attorneys' fees of counsel of City's choice,
expert fees and all other costs and fees of litigation.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed
by law, with respect to all services performed in connection with the Agreement,
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 from and against any of them, including any
injury to or death of any person or damage to property or other liability of any
nature, that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of Consultant or Consultant's employees, officers, officials,
agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation. Consultant shall not be obligated under this
Agreement to indemnify City to the extent that the damage is caused by the sole
or active negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual property. In addition to the obligations
set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the
City, its elected and appointed officers, employees, and volunteers, harmless
from and against any Claim in which a violation of intellectual property rights,
including but not limited to copyright or patent rights, is alleged that arises out
of, pertains to, or relates to Consultant's negligence, recklessness or willful
misconduct under this Agreement. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation.
10. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following; insurance coverage:
(1) Workers' Compensatioli:
Statutory coverage as required by the State of California.
(2) Liabili
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined Single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $1 00,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the
amount of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he /she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be Yield liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered i)y the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to cz)nfer with Consultant's insurance broker
to determine adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a
conflict of interest form if the services provided under this Agreement require
Consultant to make certain governmental decisions or serve in a staff capacity as defined
in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by cperation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null
and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
bank, trust company or other financial institution without prior written consent.
Written notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used
in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general, automobile and professional liability insurance in reasonable
conformity to the insurance carried by Consultant. In addition, any work or services
subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
15. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report ", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and /or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed
on recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled
by Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
16. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting; principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3)
years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's
supplemental examination or audit of the records discloses a failure to adhere to
appropriate internal financial controls, or other breach of contract or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shalt be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
4Leaf, Inc.
2110 Rheem Dr, Suite A
Pleasanton, CA 94588
Attn: Gene Barry
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. If such default is not cured within within the
time specified after receipt by Consultant from City of written notice of default,
specifying the nature of such default and the s-eps necessary to cure such default, City
may terminate the Agreement forthwith by giving to the Consultant written notice
thereof.
City shall have the option, at its sole di;3cretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to
the effective date of termination.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara, State of California.
21. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written
approval has been secured from City to do otherwise.
22. WAIVER:
A waiver by City of any breach of any 1:erm, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
23. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
24. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were included herein. If through mistake or otherwise, any such provision
is not inserted or is not correctly inserted, the .Agreement shall be amended to make
such insertion on application by either party.
25. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
4Leaf, Inc A
gy
Title!Si *�' A'_ rMal d�� ding Official
Date i + 3 Date
RECOMMENDED FOR APPROVAL:
1Xd
'Karti Shrivastava, Director
Community Development Department
[� OVED AS TO FORM:
J
Carol Korade, City Attorney
ATTEST:
Grace Schmidt, Cit Clerk
Attachments
Exhibit A — Scope of Work
2013 -14 Fee Schedule & Basis of Charges
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNI
110 - 7502 -7014
$25,000
110 - 7503 -7014
$25,000
Total:
$50,000
PO# D�- 74
4LEAF, INC.
ENGINEERING • CONSTRUCTION MANAGEMENT
BUILDING INSPECTION' PLAN CHECK
Exhibit: A
Scope of Services and Compensation — On -Gall Inspection and Plan Review Services
1. Scope of Services: 4LEAF, Inc. "Consultant" shall provide on -call inspection and plan review services as
requested by the City for various City of Cupertino projects. Consultant will provide complete
combination building inspection and plan review services for structural, building, electrical, plumbing,
mechanical, Title 24, and green building projects.
Inspection staff assigned to the Project by the Consultant shall be preapproved by the City of Cupertino
Chief Building Official, and shall be removed immediately upon City's request and replaced with an
approved substitute.
2. Compensation: City shall compensate Consultant for professional services in accordance with the
hourly rates and estimated level of effort as outlined below. Compensation shall not exceed the amount
set forth below.
The compensation to be paid to Consultant under this Agreement for all services described under
Section 1 of this Exhibit and reimbursable expenses shall not exceed a total of Fifty Thousand Dollars
($50,000). Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost to the City unless
Consultant receives prior written consent by the City of Cupertino's Chief Building Official. Any
additional requested staff will be billed of the rate show on the attached fee schedule.
Rates and Level of Effort: The terms of the services will run through June 30, 2014. 4LEAF will provide
the following staff types to perform the on -call services:
Position
Estimated
Hourly Rate
Total
Hours
_
Residential Building Inspector
NA
$70
MIM
Combination Building Inspector (Commercial)
NA
$80
_
Senior Combination Building Inspector _
NA
$105
Specialty Inspector (ADA, CASp, etc.)
NA
$175
_
Plan Review Services (Vt and 2nd Checks)
NA
65% of City Fees
Plan Review (subsequent re- checks or staff
NA
$110
augmentation)
Permit Technician
NA 1
$50
NA - not available since the level of effort for staff cannot be identified until a specific project or task is identified.
Title: See staff types above.
Invoices: In order to request payment, Consultant shall submit monthly invoices to the City describing
the services performed and the applicable charges (including a summary of work performed during that
period, personnel who performed the services, hours worked, and task(s) for which work was
performed).
Exhibit A: Scope of Services and Compensation for On -Call Building Inspection and Plan Review Services Page 1 of 2
for the City of Cupertino November 8, 2013
4LEAF, INC.
ENGINEERING - CONSTRUCTION MANAGEMENT
BUILDING INSPECTION • PLAN CHECK
Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A only by advance written authorization from the City's Chief Building Official prior to
commencement of any additional services. Corsultant shall submit, at the Chief Building Official's
request, a detailed written proposal including a description of the scope of additional services, schedule,
and proposed maximum compensation.
Exhibit A: Scope of Services and Compensation for On -Call Building Inspectior and Plan Review Services Page 2 of 2
for the City of Cupertino November 8, 2013
4LEAF9 INC. Engineering • Construction Management • Inspection • Plan Check
2013 -14 FEE SCHEDULE & BASIS OF CHARGES
For the City of Cupertino
Inspection Services*
As- Needed Building Inspection Services (residential)
$ 70 per hour
As- Needed Combination Inspection Services (includes commercial)
$ 80 per hour
Construction and/or Public Works Inspector
$ 125 per hour
Lead Project Inspector
$ 125 per hour
Project Inspector
$ 105 per hour
Specialty Inspections (ADA, CASp etc.)
$ 175 per hour
Construction Management Services*
Construction Manager
$ 140 per hour
Project Manager
$ 250 per hour
Principal
$ 250 per hour
Engineering Services*
Structural Engineer
$ 195 per hour
Geotechnical Engineer
$ 195 per hour
Civil Engineer
$ 175 per hour
Surveyor
$ 175 per hour
Office Engineer
$ 155 per hour
Field Engineer
$ 140 per hour
Expert Witness
$ 500 per hour
Plan Check Services*
Staff Augmentation $ 110 per hour
Outside Services 65% City fees
Administrative Services*
On -Site Project Administrator $ 65 per hour
Off Site Work $ 75 per hour
Headhunter Services* 3 month Salary**
* *Min $10,000
*All Fees Subject to Basis of Charges
BASIS OF CHARGES
• All invoicing will be submitted monthly.
• Work is subject to 4 -hour minimum charges unless stated otherwise. Services billed in 4 -hour increments
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after SAM or before 4PM) I x hourly rate
- Night Time (work begun after 4PM or before SAM) 1.125 x hourly rate
- Overtime (over 8 hour M -F or Saturdays) 1.5 x hourly rate
- Overtime (over 8 hours Sat or IS' 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 Chief Building Official, Public Works Director,
or other responsible designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• All billable expenses 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.
2110 Rheem Drive, Suite A • Pleasanton, CA 94588 • Phone (925) 462 -5959 • Fax (925) 462 -5958