HomeMy WebLinkAbout4LEAF CITY OF �.�✓ *
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Agreement,t frrr 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 attached hereto at by 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 by 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 through City Council
authorization at a regularls 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 CITY requests in writing and as an
addendum to this Agreement additional hourly consulting or meetings beyond the scope of assignment.
3. EXPENSE REIMBURSEMENT 4LEAF shall pay all "out-of-pocket" expenses, and shall not be entitled to
reimbursement from the CITY except for specific services, items or activities listed in the Scope of Services as
reimbursable goods or services.
4. TERM/TERMINATION.
A. This Agreement is effective upon both parties. signatures, and expires at 11.59 p.m. on January 31
2015 or upon completion 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 party in writing within seven (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
employee 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 this Agreement.
7 INDEMNIFICATION / HOLD HARMLESS. 4LEAF shall defend, indemnify and hold the CITY, its
officers, officials. employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or resulting 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 maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by 4LEAF, its agents, representatives,or employees.
A. Minimum Scope of Insurance: 4LEAF shall obtain and submit evidence of to the CITY insurance
of the types described below
I Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall he endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 0(1 01
and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury The CITY shall he named as an insured under
4LEAF s Commercial General Liability insurance policy with respect to the work performed
for the CITY under this Agreement.
3 Workers Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4 Professional Liability insurance appropriate to 4LEAF's profession.
B. Minimum Amounts of Insurance. 4LEAF shall maintain the following insurance limits:
1 Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate.
3 Professional Liability insurance shall be written with limits no less than $1,000,000 per claim
and $1,0011,1100 policy aggregate 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
Liability insurance:
l 4LEAF'S insurance coverage shall be primary insurance as respect to the CITY Any
insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess
of 4LEAF'S insurance and shall not contribute with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
not less than B.
E. Verification of Coverage: 4LEAF shall furnish CITY with original certificates and a copy of the
amendatory endorsements, 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 Agreement may not he assigned or transferred to any other
person, firm, or corporation 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
delivered when delivered in person or deposited in the United States mail, 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 Director
4LEAF, Inc. City of Auburn
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 agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Agreement 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 If any 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 valid 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 any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW This Agreement shall he governed 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 statements, understand them and agree to abide by their terms.
CITY OF AUBURN 4LEAF
-
Signed: Signed: /
friC
Date: SEP — 9 2013 Date: Z 3 / / 3
Address: 25 West Main Street Address. 2110 Rheem Drive
Auburn, WA 98001 Pleasanton, CA 94588
Phone: 253-931-3041 Phone: (925) 462-5959
5 ) 1 i YrAC1
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EXHIBIT A
SCOPE OF SERVICES
Consultant has 2 key tasks:
1 Provide Building Plan Review as-needed
2. Provide On-Call Building Department staffing including building inspectors, permit
technicians on-site plans examiners/engineers, code enforcement personnel, etc. on
an as-needed basis.
1 Plan Review Services
• The Consultant shall review all plans and supporting documents submitted for
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 corrections are found to be
needed a report shall be prepared by the Consultant specifying the needed
corrections and transmitted to the applicant. When plans and supporting
documents are deemed acceptable for permit issuance, the applicant shall
deliver the Building Permit 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 Permit. City shall mark/stamp permits PAID upon
receipt of funds by applicant
• Plan Reviews will be subject to the following turn-around times (Turn-Around
Times may vary with the complexity and magnitude of the projects):
Residential. Up to 10 Business Days`
Multi-Family Up to 10 Business Days'
Commercial. Up to 10 Business Days'
Industrial. 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 (excluding Federal 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 department support staff to include building
inspectors, permit technicians, on-site plans examiners/engineers, code
enforcement personnel, etc on an on-call basis for the City of Auburn.
• 4LEAF's first assigned inspector will be Ed O'Reilly If at some point Ed is no
longer available for assignment, 4LEAF's Project Manager will work with the
City to find a suitable replacement.
Professional Services Agreement between July 23, 2013
City of Auburn and 4LEAF Inc 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 management.
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
ctoleno 4leafinc.com
Additional Conditions
• The City shall not hire 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 Services Agreement between July 23, 2013
City of Auburn and 4LEAF Inc. Exhibit A
EXHIBIT B
FEE SCHEDULE
Plan Check Percentages.
Plan Check Service Fee for 1" Review and Hourly rate for subsequent
subsequent rechecks reviews (with authorization from
Building Official):
Life Health Safety, 70% of City fee $110/hour structural
Structural,ADA
Requirements and Title $75/hour non-structural
24 Energy Requirements
Plan Checks
Additional Building Department Services
Senior Combination Building Inspector/Project 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 complex 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 2 hour minimum charges
unless stated otherwise. Services billed in 2 hour increments
• All billable expenses will be charged at cost plus 20%
• Mileage will be billed at the IRS Rate plus 20%
• Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest
charge
Professional Services Agreement between July 23, 2013
City of Auburn and 4LEAF Inc Exhibit B