HomeMy WebLinkAbout4Leaf (plan review/bldg inspection) ,
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"� WASHINGTON
Agreement jor Services
This Agreement is made effective as of July 23, 2013 by and between 4LEAF, Inc. ("4LEAF")and the CITY OF
AUBURN("CITY").The parties agree as follows:
1. DESCRIPTION OF SERVICES. 4LEAF agrees to provide the consulting services set forth in the Scope of
Work at;acfied hereto atby this reference made a part hereof, perform inspection services and review of plans and
related documents for compliance with State Building Law which covers structural, fire and life safety, disabled
access, plumbing mechanical, green building, and energy conservation requirements — all as modified tiy the
City; as more particularly set forth in Exhibit"A"(Collectively"Scope of Services").
2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay 4LEAF according to
Exhibit "B", Fee Schedule. 4LEAF understands and agrees that payments must go ttuough City Council
authorvation at a regulazly scheduled Council meeting and as such, payment shall only occur after this
authorization has been received. Under no circumstances shall the total fee paid by the CITY, inclusive of any
and all authorized reimbursable expenses, exceed $25,000; unless the C17'Y requests in writing and as an
addendum to this Agreement additional hourly consulting or meetings beyond the scope of assignment.
3: EXPENSE REIlVIBURSEMENT. 4LEAF shall pay all "out-of-pocket" expenses, and shall not be entitled to
reimliursementfrom tfie CIT'Y except for specific services, items or activities listed in the Scope of Services as
reimbursable goods or services.
4. TERM/TERA4INATION.
A. This Ageement is effective upon both parties' signatures, and expires at 11:59 p.m. on January 31,
2015 orupon comp(etion of 4LEAF services, whichever is earlier, unless extended by mutual agreement prior to
the completion of all services.
B. Either party may terminate the Agreement by notifying the other parry in writing within seyen (30)
calendar days of the intent to terminate. If this Agreement is terminated, CITY shall pay 4LEAF for all work
performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. 4LEAF is an independent contractor with respect to the CITY, and not an
etnployee of the CITY. The CITY will not provide fringe benefits, including health insurance benefits, paid
vacation,or any other employee benefit,for the benefit of 4LEAF.
6. EMPLOYEES. The provisions of this Agreement shall also bind 4LEAF employees who perform services .
for the CITY under tfiis Agreement.
7. INDEMNIFICATION / HOLD HARMLESS. 4LEAF shall defend, indemnify and hold the CITY, its
officers, officials, employees and volunteers hazmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or tesulting from the acts, errors or omissions of 4LEAF in
performance of this Agreement,except for injuries and damages caused by.the sole negligence of the City.
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AUBURN * MORE THAN YOU,IMAGINED
8. INSURANCE. 4LEAF shall procure and maintaio for the duration of t6e Agreement, insursnce against
claims for iujuries to persons or damage to property wlgch may arise from or in connection with the
performance of the work 6ereunder by 4LEAF,its sgents,representatives,or employees.
A. Mioimam Scope of Iosurance: 4LEAF shall obtain and submit evidence of to the CITY insurance
of the types described below:
1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 Ol or a substitute
fortn providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liabiliry coverage.
2. Commercial General Liabilitv insurance shall be written on ISO occurrenceform CG 00 O1
and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury. The CITY shall be named as an insured under
4LEAF's Commercial General Liability inswance policy with respect to the work performed
for the CI7'Y under this Agreement.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Professional Liabiliri insurance appropriate to 4LEAF's profession.
B. Minimum Amounts of Insnrance: 4LEAF shall maintain the following insurance limits:
1. Automobile Liabilitv-insurance with a minimum combined single limit for bodily injury and
properry damage of$1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limiu no less than $I,000,000
each occurrence, $2,000,000 generalaggegate.
3. Professional Liabiliri insurance shall be written with limits no less than $1,000,000 per claim
and$1,000,000 policy aggegate limit.
C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability and Commercial General
Liabiliry insurance:
1. 4LEAF'S insurance coverage shall be primary insurance as. respect to ffie CtI'Y. Any
insurance, self-insurance,or insurance pool coverage maintained by the CI7'Y shatl be excess
of 4LEAF'S insurance and shall not contribute with it.
D. ,AcceptabiGty of Insurers: Insurance is to be placed with insurers with a current A.M.Best rating of
not 16ss than B.
E. VeriScation of Coverage: 4LEAF shall furnish CITY with original certificates and a wpy of the
amendatory endorsemenu, including but not necessarily limited to the additional insured
endorsement,evidencing the insurance requirements of 4LEAF before commencement of the work.
9. ASSIGNMENT. 4LEAF's obligations under this Ageement may not be assigned or transferred to any other
person, fum,or cotporation without the prior written consent of the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall'be deemed
delive�ed when delivered in person ordeposited in the United States tnail, postage prepaid,addressed as follows:
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IF to 4LEAF : IF to the CITY:
Kevin Duggan Nancy Welch,AICP
President Planning and Development DireMOr
4LEAF, Inc. City oFAuburn
2110 Rheem Drive 25 W. Main Street
Pleasanton,CA 94588 Auburn, WA 98001
Such address may be changed from time to time by either party by providing written notice to the other in the
manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire ageement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Ageement supersedes any
prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
13. SEVERABILITY. Ifany provision of this Agreement shall be held to be invalid or unenforceable for any
reason,the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become va(id and
enforceable,then such provision shall be deemed to be written,construed,and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce ac�y provision of this
Agreement shall not be construed as a waiver or limitation of that pazty's right to subsequently enforce and
compel strict compliance with every provision ofthis Agreement.
15. APPLICABLE LAW. This Agreement shall be govemed by the laws of the State of Washington.Venue for
any court action shall be in King County, Washington.
The undersigned have read the above statemeats,understand them and agree to abide by their terms.
CITY OF AUBURN 4LEAF
Signed: —Ty� Signed: �
Date: SEP — 9 2013 Date: 7. 3
Address: 25 West Main Street Address: 2110 Rheem Drive
Aubum, WA 98001. Pleasanton,CA 94588 li
Phone:: 253-931-3041 Phone: (925)462-5959
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Page 3 of 3
EXHIBIT A
SCOPE OF SERVICES
ConsuttaMhas 2 key tasks:
1. Provide Building Plan Review asneeded
2. Provide On-Call Building Department staffing inciuding building inspectors, permit
technicians, on-site plans examiners/engineers, wde enforcement personnel, etc. on
an as-needed basis.
1. Plan Review Services
• The Consultant shall review all plans and supporting documentssubmitted tor
projects for which a Building Permit is requested. If, after the initial review the
documents are found to be in substantial compliance with the State Building
Codes and local ordinances, the plans and documents shall be stamped as
reviewed and acceptable for construction. If correctlons are found to be
needed a report shall be prepared by 4he Consultant specifying the needed
corrections and transmitted to the applicant. When plans and supporting
documents are deemed acceptable for permit issuance, the applicant shall
deliyer the Building Perrnit application and all supporting documents to the
Consultant(or City Hall)for permit processing.
• City shall collect direct from the applicant costs for plan review at time of
submittal of plans and documents. Building permit fees shall be paid prior to
issuance of the Building Perrnit. City shall mark/stamp permits PAID upon
receipt of funds by applicant.
• Plan Reviews will be subjectto the following turn-around times (Tum-Around
Times may vary with the complexityand magnitude of the projects):
Residential................,....................Up to 10Business Days'
Multi-Family....................................Up to 10 Business Days'
Commercial....................................Up to 10 Business Days"
Industriai..............................:.........Up to 10 Business Days'
'Projects greater than 10,000 sq. ft. may take up to 15 Business Days.
Business Days are defined as Monday-Friday(exduding Federaf and State of
Washington Holidays). Business Days will start the day after request is
made.
2. Provide On-Call Building Department Support Staff(As-needed)
• 4LEAF will provide building deparUnent support staff to include building
inspectors, permit technicians, on-site plans examiners/engineers, code
enforcement personnel, eta on,an on-calf basis for the Ci4y of Aubum.
• 4LEAF's first assigned inspector will be Ed O'Reilly. If atsome poiM Ed is no
longer available for assignment, 4LEAF's Project Manager wiil work with 4he
City to find a suitable replacement:
i
Professional Services Agreement beriveen July 23,2013
Ciry of Aubum and 4LEAF;Ina Exhibit A
EXHIBIT A
SCOPE OF SERVICES
• 4LEAF will provide interim staff and/or full-time staff within five business days
or less. 4LEAF will provide staff from their database of qualified personnel.
For requests made needing immediate personnel, 4LEAF will make every
effort possible to secure suitable candidates.
• These positions vary from full-time staff, idle staff (temporarily in-between
assignments, and pre-qualified staff which include personnel who are
available subject to client demand.
• All on-call requests should be made directly to 4LEAF inanagement.
4LEAF's recruiting manager, will handle the placement of all 4LEAF staff.
4LEAF's designated manager is:
Craig Tole
2110 Rheem Drive
Pleasanton, CA 94588
(925)462-5959—Office
(925)462-5958—Fax
(925) 580-4055—Cell
ctoleCa)4leafinc.com
Additional Conditions
• The City shall not hi�e any employee of the Consultant within one (1) year of
the termination of this contract or one (1) year of the termination of employee
by Consultant.
Professional Servioes Agreement between July 23,2013
City of Aubum and 4LEAF, Ina Euhibit A
EXHIBIT B
FEE SCHEDULE
Plan Check Percentaqes:
an ec rv ce ee or eview an ou ra oc su equen
� subsequent rechecks• reviews�with authorization from
Building Official):
Life Health Safety, 70%of City fee $110/hour structural
Structural,ADA
RequiremeMs and Title $75/hour non-strucWral
24 Energy Requlrements
Plan Checks
Additional Buildina Denartrnent Services
Senior Gombination Building Inspector/P�oject Inspector ...............$85/hour
Commercial Building Inspector .......................................................$75/hour
Residential Building Inspector ...............:....:....................................$65/hour
Code Enforcement................................:...::.....................................$75/hour
Permit Technician ......................................:::....................:..............$40/hour
Public Works Inspector....................................................................$95/hour ,
Chief Building Official ......................................................................$100/hour
Hourly overtime charge per inspector..............................................1.5 x hourly rate
Larger comp/ex reviews can be negbtiated fo achieve the bes!possible pricing. 4LEAF
has a proven track record of working with municipalities fo provide expedited revfews
with specia/discounted pricing when applicab/e.
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 2 hour minimum charges
unless stated othervvise. Services billed in 2 hour increments
• All billable expenses will be charged at cost plus 20%
• Mileage will be billed at the IRS Rate ptus 20%
• Payment due on receipt. All payments over 30 days wili be assessed a 1.5% interest
charge
Professional Services Agreement beNueen July 23,2013
City of Aubum and 4LEAF, Ina Exhibit B